Boquilon v. Beckwith

In Boquilon v. Beckwith (1996) 49 Cal.App.4th 1697, the Court of Appeal concluded the trial court had not abused its discretion in determining that half of the plaintiffs' counsel's time had been spent in an unsuccessful effort to portray a defendant as a "bad actor" in order to show the defendant had acted with fraudulent intent. (Id. at p. 1723.) The court rejected the plaintiffs' evidence on this point, and no such showing was required to establish the violations for which the defendant was found liable. The Court of Appeal, therefore, upheld the trial court's conclusion that this time was not reasonably spent in pursuit of the legal theories on which plaintiffs had prevailed, and that the plaintiffs were, therefore, not entitled to attorney fees for the time. (Ibid.)