Militonian v. Adamian Oil Co., Inc.
In an action by premises lessees against a lessor, the lessees prevailed on certain claims, but not on others. Following trial, the lessees moved for an award of attorney's fees and were awarded fees in an amount exceeding the judgment for damages. On appeal, the issues are (1) whether the lessees or lessor were the prevailing party at trial; (2) whether the attorney's fee award should be apportioned between the contract cause of action and tort cause of action for conversion; and (3) whether a proper lodestar calculation was performed.
This court concludes as follows: First, the trial court made an implicit determination that the Militonians were the prevailing party. Second, the Militonians failed to satisfy their burden in demonstrating the fee award should be apportioned. Third, although the trial court did not make specific findings as to the lodestar calculation, it weighed the appropriate factors in determining the award. Therefore, this court finds the trial court did not abuse its discretion and affirms the award of attorney's fees.
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