California Court of Appeal

The trial court's approval the parties' Settlement Agreement is affirmed, and the fee order awarding attorney fees and an incentive payment in amounts that were only a fraction of those requested by class counsel and plaintiff, is reversed, where: 1) the trial court correctly concluded that the language of the Agreement is not sufficiently clear and explicit to establish a waiver of claimants' right to appeal the fee order; 2) claimants' appeal was not taken from a consent judgment; 3) under the circumstances of this case, class counsel have standing to appeal the fee order in their own right; and 4) on the record, in determining the amount of attorney fees and incentive payment to award, the trial court appears to have applied legally incorrect standards, thereby abusing its discretion.

Appellate Information

• Decided 12/20/2013
• Published 12/20/2013

Judges

• RUVOLO

Court

• California Court of Appeal

Counsel