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Salyer v. 396 Investment Co.5/17/2005
ble. (See Salton Bay Marina, Inc. v. Imperial Irrigation Dist. (1985) 172 Cal.App.3d 914, 950 [award of attorney fees in inverse condemnation action within sound discretion of trial court]; Andre v. City of West Sacramento (2001) 92 Cal.App.4th 532, 536-539 [in inverse condemnation action, attorney fees must be actually incurred and reasonable].) Furthermore, we observe that, as the Beyers point out, Anaheim itself acknowledged, in its reply memorandum in support of its motion to tax costs, that an award up to $79,200 ($396,000 divided by the five groups of plaintiffs sharing counsel) would be appropriate. The attorney fee award is affirmed.
(3) Chens
The Chens claimed a total of $297,413.95 in attorney fees, costs, and prejudgment interest. However, they stated that they had received a $60,000 amount from 396 at some point in time, so they were willing to reduce their demand by that amount. They sought a total of $237,413.95, which included $220,976 in attorney fees.
In explaining their request, they stated that pursuant to their fee agreement, they were obligated to pay their attorney the lesser of one third of their recovery or $250 per hour for legal services rendered. They further stated that payment at the hourly rate would be the lower figure. The attorney fees incurred, at the hourly rate, were $1,104,880 for five groups of plaintiffs represented collectively. The one-fifth share of the Chens was equal to the $220,976 figure claimed.
Ultimately, the court awarded $70,000 in attorney fees, $18,209 in prejudgment interest and $28,194.90 in costs.
As Anaheim sees it, the court made two separate errors. First, Anaheim contends that the one-third contingency amount should have been multiplied by $164,294 - an amount it describes as being the correct net real property award. Second, it says that the resulting $54,765 amount should have been reduced to zero. This is because, Anaheim asserts, it was entitled to an offset with respect to the $60,000 amount the Chens acknowledge having received at some point from 396. We will take a look at these contentions.
We are disconcerted that Anaheim has not explained how it arrived at the $164,294 figure it claims is the correct net real property award. However, we believe we have figured it out even without Anaheim's assistance. As stated in the judgment, the jury rendered a verdict in the amount of $1,035,237 in favor of the Chens. After offsets of a nature the judgment does not describe, the court awarded the Chens $778,531.38 in damages. If one subtracts from that figure both the emotional distress damages and the relocation expenses as reflected in the special verdict, one arrives at an amount of $164,294.38. The same figure is obtained if one subtracts the amount of the total offset as indicated in the judgment from the fair market value of the Chens' property as reflected in the special verdict. However, Anaheim fails to cite any authority dictating that the determination of the attorney fee award must be made by multiplying the figure so obtained by the contingency fee amount.
Anaheim's first argument aside, we turn to the contention that Anaheim is entitled to an offset with respect to the $60,000 amount. For all we know, it already got one. Anaheim cites no portion of the record explaining how the court arrived at the $70,000 award. Absent that explanation, we will not order a "further" reduction.
Most importantly, Anaheim fails to state how the trial court abused its discretion in awarding only $70,000 in attorney fees in a case of this complexity and duration or why the award was not reasonable. (See Salton Bay Marina, Inc. v. Imperial Irrigation Dist., supra,
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