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Wong v. 396 Investment Co.5/17/2005
judgment for the plaintiff by awarding compensation . . . shall determine and award . . . to the plaintiff, as a part of that judgment . . . , a sum that will, in the opinion of the court, reimburse the plaintiff's reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of that proceeding in the trial court or in any appellate proceeding in which the plaintiff prevails on any issue in that proceeding."
Anaheim asserts a plethora of vague arguments concerning the attorney fee awards. We address them in turn.
(2) Beyers
The Beyers claimed a total of $295,862.27 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 $235,862.27, 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 Beyers was equal to the $220,976 figure claimed.
Ultimately, the court awarded $70,000 in attorney fees, $27,665 in prejudgment interest and $28,194.90 in costs. Anaheim contends the court erred in awarding so much in attorney fees.
As Anaheim sees it, the court made two separate errors.
First, Anaheim contends that the one-third contingency amount should have been multiplied by $249,612 - an amount it describes as being the correct net real property award. Second, it says that the resulting $83,204 amount should have been reduced by $60,000 - the amount the Beyers acknowledge having received at some point from 396. Anaheim concludes that the Beyers are entitled to "at most" $23,204 in attorney fees. Let's see.
We are disconcerted that Anaheim has not explained how it arrived at the $249,612 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 $1,046,012 in favor of the Beyers. After offsets of a nature the judgment does not describe, the court awarded the Beyers $888,623.80 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 $249,611.80. 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 Beyers' 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
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