Lisa fay, Plaintiff, v. FCA US LLC, et. al. Defendants.
Case No.: BC697073
Hearing Date: February 21, 2020
[TENTATIVE] order RE:
MOTION for attorney fees and costs
BACKGROUND
Plaintiff Lisa Fay (“Plaintiff”) commenced this lemon law action against Defendant FCA US LLC (“FCA”) on March 8, 2018. The Complaint asserts causes of action for (1) breach of the implied warranty of merchantability under the Song-Beverly Act and (2) breach of express warranty under the Song-Beverly Act.
On the first day of trial, April 23, 2019, the parties informed the Court that a settlement had been reached. Pursuant to the terms of the settlement, FCA agreed to pay Plaintiff approximately $93,000 and his reasonable attorney fees and costs. (Barry Decl. ¶ 10, Ex. 4.)
LEGAL STANDARD
A prevailing buyer in a lawsuit under the Song-Beverly Act is entitled to recover reasonable attorney fees: “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part
Hearing Date
February 21, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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Lisa fay, Plaintiff, v. FCA US LLC, et. al. Defendants.
Case No.: BC697073
Hearing Date: February 21, 2020
[TENTATIVE] order RE:
MOTION for attorney fees and costs
BACKGROUND
Plaintiff Lisa Fay (“Plaintiff”) commenced this lemon law action against Defendant FCA US LLC (“FCA”) on March 8, 2018. The Complaint asserts causes of action for (1) breach of the implied warranty of merchantability under the Song-Beverly Act and (2) breach of express warranty under the Song-Beverly Act.
On the first day of trial, April 23, 2019, the parties informed the Court that a settlement had been reached. Pursuant to the terms of the settlement, FCA agreed to pay Plaintiff approximately $93,000 and his reasonable attorney fees and costs. (Barry Decl. ¶ 10, Ex. 4.)
LEGAL STANDARD
A prevailing buyer in a lawsuit under the Song-Beverly Act is entitled to recover reasonable attorney fees: “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part