Civil Litigation
Mar. 7, 2024
30% fee reduction in Butte County action reversed by appeals court
Where local counsel was neither available nor practical to hire, a trial court judge must consider out-of-area rates when calculating the lodestar amount, Justice Louis Mauro of the 3rd District Court of Appeal concluded.
A trial court erred in declining to apply San Francisco market rates for attorney fees, which reduced a fee award by 30% in an action in rural Butte County, according to the 3rd District Court of Appeal.
“We conclude (1) the trial court should have fully considered the applicability of out-of-area market rates by determining whether qualified local counsel was unavailable to represent Open Lands, (2) the record does not support the factual...
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