Smith v. Dan Gamel, Inc.
This appeal originally concerned the issue of whether the fee shifting provision of the Song-Beverly Consumer Warranty Act (Song Beverly Act), California Civil Code section 179, subdivision (d),[1]permits the use of a multiplier under the lodestar adjustment method for determining attorneys fees. While this appeal was pending, this court resolved that issue in the affirmative. (See Robertson v. Fleetwood Travel Trailers of California, Inc. (2006) 144 Cal.App.4th 785, review den. Feb. 7, 2007, S148905 (Robertson).) Thus, the issue on appeal is whether the appellants are precluded from relitigating this issue under the doctrine of collateral estoppel. For the following reasons, we conclude that one of the appellants is not precluded from relitigating this issue by Robertson. However, Robertson is controlling, and appellants have not challenged the reasonableness of the fee award outside of the issue of the use of a multiplier. Thus, Court affirm the trial courts order granting the attorneys fees.
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