California Court of Appeal

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Goglin v. BMW of N. Am., 068442

In an appeal from a judgment awarding plaintiff attorney fees and costs for successfully settling her claims under the Song-Beverly Consumer Warranty Act, Civ. Code section 1790 et seq., and other consumer protection statutes, the judgment is affirmed over defendants' unpersuasive contentions that: 1) plaintiff is not entitled to any attorney fees or costs because BMW San Diego offered an appropriate remedy before plaintiff filed her complaint, which plaintiff unreasonably refused to accept; and in the alternative 2) the fee award should be reduced because there is insufficient evidence to show plaintiff's counsel's hours worked and hourly rate were reasonable given the litigation's lack of risk and complexity.

Appellate Information

  • Decided
  • Published 2016/10/21

Judges

  • McCONNELL

Court

  • California Court of Appeal

Counsel