In Nightingale v. Hyundai Motor America (1994) 31 Cal.App.4th 99, attorney fees were awarded pursuant to the Song-Beverly Consumer Warranty Act. (Ibid.) The attorney had billed the client $ 120 per hour for the five years of the case, despite the fact that the fee agreement permitted periodic rate increases and the attorney's standard billing rate had increased over time. (Id. at p. 103.) The court refused to award fees at the higher rate because the client was not obligated to pay those higher fees, and they had therefore not been incurred. (Id. at pp. 104-105.)