What is the test for determining whether to increase or reduce the lodestar in a medical malpractice case?

California, United States of America


The following excerpt is from Espejo v. Copley Press, Inc., 13 Cal.App.5th 329, 221 Cal.Rptr.3d 1 (Cal. App. 2017):

to, or without the necessity for, expert testimony. " ( PLCM Group v. Drexler, supra , 22 Cal.4th at p. 1096, 95 Cal.Rptr.2d 198, 997 P.2d 511.) The trial court's exercise of discretion in deciding whether to increase or reduce the lodestar figure "will not be disturbed unless the appellate court is convinced the award is clearly wrong." ( Downey Cares v. Downey Community Development Com. (1987) 196 Cal.App.3d 983, 994, 242 Cal.Rptr. 272 ; PLCM, at p. 1095, 95 Cal.Rptr.2d 198, 997 P.2d 511 [" The "experienced trial judge is the best judge of the value of professional services rendered in his court, and while his judgment is of course subject to review, it will not be disturbed unless the appellate court is convinced that it is clearly wrong." "].) A reviewing court is "entitled to presume the trial court considered all the appropriate factors in choosing the multiplier and applying it to the whole lodestar." ( Downey Cares v. Downey, at p. 998, 242 Cal.Rptr. 272.)

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