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Case Citations [1] (July 2020 - August 2021)

handle is hein.ali/aggregate0024 and id is 1 raw text is: PRINCIPLES OF THE LAW OF AGGREGATE
LITIGATION
CHAPTER 3. AGGREGATE SETTLEMENTS
TOPIC 2. CLASS SETTLEMENTS
§ 3.13 Attorney's Fees
Cal.App.2021. Com. (b) quot. in case quot. in disc. Attorney and his wife sued contractor that they had
hired to renovate their home, seeking to recover, among other things, overpayments for work that was
never performed, as well as $270,000 in attorney's fees. After a bench trial, the trial court awarded
plaintiffs damages, but limited the award of attorney's fees to $90,000. This court affirmed in part,
holding that the trial court used sound discretion to limit plaintiffs' attorney's fees under the lodestar
approach as well as the percentage-of-recovery approach. The court cited Principles of the Law of
Aggregate Litigation § 3.13 in noting that the percentage method was generally viewed as superior,
given the difficulty in applying the lodestar method, as well as the fact that it created undesirable
financial incentives to attorneys to extend the litigation to accrue additional fees. Karton v. Ari Design &
Construction, Inc., 276 Cal.Rptr.3d 46, 53-54.

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