Seltzer v. R.W. Selby & Co. CA2/2
Appellant Justin Seltzer (Seltzer) appeals from an order awarding $29,409 in attorney fees in his favor following final approval of his class action settlement with respondent R.W. Selby & Company, Inc. (Selby). He contends that because attorney fees were awarded pursuant to Code of Civil Procedure section 1021.5, the trial court erred by calculating attorney fees based on the percentage-of-recovery method rather than the lodestar method. We agree, finding the trial court abused its discretion by failing to calculate attorney fees based on the lodestar method. We reverse the trial court’s order and remand the matter for redetermination of a reasonable attorney fees award.
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