Recent Case

Hanna v. Mercedes-Benz USA – Published Opinion Against Mercedes-Benz

Rosner, Barry & Babbitt successfully reversed a lemon law attorneys’ fees ruling where the trial court in Los Angeles cut-off fees as of the date of an unacceptable Code of Civil Procedure Section 998 offer, and then misinterpreted the retainer agreement between Ms. Hanna and her counsel, awarding only $15,000 in fees for an entire year’s worth of litigation between the date of the invalid offer and the ultimate settlement. The trial court essentially rewarded Mercedes-Benz for making bad offers and taking so long to settle the case! In a published opinion, the Second District Court of Appeal found the trial court’s fee determination did not comply with the proper analysis for attorneys’ fees under the Song-Beverly Consumer Warranty Act and reversed and remanded the ruling with instructions.

If you have an appellate issue in a case involving the lemon law or auto fraud, contact arlyn@rbblawgroup.com for more information on how Rosner, Barry & Babbitt’s appellate department is helping consumers and attorneys confirm the good results and overturn the bad ones.