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Home/ Appellate Record/ Chodos v. Borman

California Court of Appeal · 2014

Chodos v. Borman

Published attorney-fee decision addressing the use of a multiplier in a quantum meruit action.

Case Brief

Background, issue and holding.

Background

Chodos v. Borman arose from a dispute over attorney compensation following dissolution and related Marvin litigation. Attorney Hillel Chodos sought the reasonable value of his legal services after the underlying matters ended and a jury ultimately applied a five-times multiplier to the claimed hourly rate, producing a $7.8 million fee award.

The fee issue

The appeal focused on whether the multiplier was permissible in a quantum meruit recovery. The client-supplied case summary explains that Chodos had not undertaken the representation under a valid contingency agreement that shifted the risk of nonpayment to counsel, a circumstance commonly associated with enhanced fee awards.

The court’s holding

The Court of Appeal reversed and remanded for recalculation of the reasonable fee. It concluded that the multiplier was not justified under the governing lodestar principles and that the resulting award was excessive and inequitable on the record presented.

Philip Kaufler’s role

Philip Kaufler represented Chodos in the fee dispute. The site includes both the appellate case summary and the client-supplied Daily Journal coverage discussing the underlying fee controversy.

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