What is the test for determining whether a plaintiff improperly inflated his attorney fees claim?
California, United States of America
The following excerpt is from 569 E. Cnty. Boulevard LLC v. Backcountry Against the Dump, Inc., 212 Cal.Rptr.3d 304, 6 Cal.App.5th 426 (Cal. App. 2016):
court's order ... [and] presume the trial court's attorney fees award is correct."9 ( McKenzie v. Ford Motor Co. (2015) 238 Cal.App.4th 695, 704, 189 Cal.Rptr.3d 560.) Where, as here, a trial court severely curtails the number of compensable hours in a fee award, the operative impact of that presumption can include a presumption the trial court concluded the fee request was
[212 Cal.Rptr.3d 312]
inflated. (See, e.g., Levy v. Toyota Motor Sales, U.S.A., Inc. (1992) 4 Cal.App.4th 807, 817, 5 Cal.Rptr.2d 770 [substantial reduction in claimed costs "indicat[es] Levy improperly inflated his claimed" amounts].)
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