New CLRA attorneys' fees opinion: Graciano v. Robinson Ford Sales, Inc.

In Graciano v. Robinson Ford Sales, Inc., ___ Cal.App.4th ___ (Oct. 26, 2006), the Court of Appeal (Fourth Appellate District, Division One) construed the CLRA's attorneys fees provision (Civ. Code §1780(d)). The court analyzed both the "prevailing party" concept and the standards for determining the appropriate amount of fees. The latter analysis draws largely on non-CLRA caselaw and therefore may be more broadly applicable to fee requests generally. The court held that the trial court abused its discretion by applying improper factors to reduce the plaintiff's fees award, and remanded the case with instructions to try again.