McCullough v. FCA US LLC CA4/1
Plaintiff and appellant William McCullough brought an action under the Song-Beverly Consumer Warranty Act (Song-Beverly Act; Civ. Code, § 1790 et seq., commonly known as the "lemon law," hereafter the Act) against defendant and respondent FCA US LLC (Chrysler). Following a bench trial, McCullough obtained a $17,163.83 damages verdict and was declared the prevailing party. He thereafter sought $125,055 in attorney fees ($83,370 in lodestar fees plus a 1.5 percent multiplier) but the trial court awarded $18,685 in attorney fees. McCullough appeals from the postjudgment attorney fee order, contending the court improperly focused on the proportionality of the fees to the damages recovered, producing a biased result; ignored applicable authority; and abused its discretion in reducing the award by 78 percent from his $83,370 request.
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