GRAHAM v. DAIMLERCHRYSLER CORP.

No. S112862.

21 Cal.Rptr.3d 331 (2004)

34 Cal.4th 553

101 P.3d 140

Robert GRAHAM et al., Plaintiffs and Respondents, v. DAIMLERCHRYSLER CORPORATION, Defendants and Appellants.

Supreme Court of California.

As Modified January 12, 2005.


Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher, Theodore J. Boutrous, Jr., DoHoang T. Duong, Los Angeles, Gregory D. Brown, Oakland, Dominic Lanza, Los Angeles; Bryan Cave, Sheldon Eisenberg, Santa Monica, Charles A. Newman, John W. Rogers, Walnut Creek; Robert E. Norton II and Mary E. Waldrup for Defendants and Appellants.

Somach, Simmons & Dunn, Timothy M. Taylor, Nicholas A. Jacobs, Christian C. Scheuring, Sacramento, for Western Placer Waste Management Authority as Amicus Curiae on behalf of Defendants and Appellants.

Ruth Sorensen, Alturas, and Jennifer B. Henning for California State Association of Counties as Amicus Curiae on behalf of Defendants and Appellants.

Fred J. Hiestand, Sacramento, for Civil Justice Association of California as Amicus Curiae on behalf of Defendants and Appellants.

Daniel J. Popeo, Paul D. Kamenar; Latham & Watkins, Jennifer F. Ziegaus and Daniel P. Brunton, San Diego, for Washington Legal Foundation as Amicus Curiae on behalf of Defendants and Appellants.

Law Offices of Richard M. Pearl, Richard M. Pearl, Berkeley; Kemnitzer, Anderson, Barron & Ogilvie, Andrew J. Ogilvie, Mark F. Anderson and Bryan A. Kemnitzer, San Francisco, for Plaintiffs and Respondents.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Richard M. Frank, Chief Assistant Attorney General, Theodora Berger, Assistant Attorney General, and Edward G. Weil, Deputy Attorney General, as Amici Curiae on behalf of Plaintiffs and Respondents.

F. Paul Bland, Kerry-Ann T. Powell, Victoria W. Ni, Oakland, and Arthur H. Bryant for Trial Lawyers for Public Justice, AARP, ACLU of Northern California, ACLU of San Diego and Imperial Counties, ACLU of Southern California, Asian Law Caucus, Asian Pacific American Legal Center of Southern California, Bet Tzedek-The House of Justice, California League for Environmental Enforcement Now, California Women's Law Center, Disability Rights Advocates, Disability Rights Education and Defense Fund, Inc., The First Amendment Project, The Impact Fund, Law Offices of Joaquin G. Avila, Lawyers' Committee for Civil Rights of the San Francisco Bay Area, Legal Aid Foundation of Los Angeles, Mexican American Legal Defense and Educational Fund, National Association of Consumer Advocates, National Center for Youth Law, Prison Law Office, Protection and Advocacy, Inc., Public Advocates, Inc., Public Citizen, Public Counsel, Public Interest Law Project, Rosen, Bien & Asaro, Western Center on Law and Poverty, Western Law Center for Disability Rights and Youth Law Center as Amici Curiae on behalf of Plaintiffs and Respondents.

Esner & Chang, Stuart B. Esner; Rohde & Victoroff and Stephen F. Rohde, Los Angeles, for Los Angeles County Bar Association and Beverly Hills Bar Association as Amici Curiae on behalf of Plaintiffs and Respondents.

Chavez & Gertler, Mark A. Chavez and Kim E. Card, Mill Valley, for The Bar Association of San Francisco as Amicus Curiae on behalf of Plaintiffs and Respondents.

The Sturdevant Law Firm, James C. Sturdevant, San Francisco; Ian Herzog, Santa Monica; Michael Adler; Sharon J. Arkin, Newport Beach; Stuart B. Enser; Brian S. Kabateck, David A. Rosen, Los Angeles; Daniel U. Smith, Kentfield,; Christine D. Spagnoli; Lea-Annn Tratten; Steven B. Stevens, Los Angeles; and Scott H.Z. Sumner, Walnut Creek, for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiffs and Respondents.

Mark Savage, San Francisco, for Consumers Union of U.S., Inc., as Amicus Curiae on behalf of Plaintiffs and Respondents.

Fazio & Micheletti, Jeffrey L. Fazio and Dina E. Micheletti, San Mateo, for Friends of the Earth, Inc., as Amicus Curiae on behalf of Plaintiffs and Respondents.

Claudia Center, Elizabeth Kristen; and Linda Kilb for The Legal Aid Society-Employment Law Center and Disability Rights Education and Defense Fund as Amici Curiae on behalf of Plaintiffs and Respondents.


MORENO, J.

In this case defendant offered to repurchase a truck that had been marketed with false statements about its towing capacity. This offer came after a lawsuit plaintiffs filed against defendant seeking this repurchase remedy, but before any kind of court judgment was rendered. Plaintiffs were awarded substantial attorney fees under Code of Civil Procedure section 1021.5.1 Defendant...

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