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Thayer v. Wells Fargo Bank, N.A.

Award of attorney fees to co-counsel in fifth class action filed on same issue should have been reduced by negative multiplier due to duplication.

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The full case caption appears at the end of this opinion.

Appellant Wells Fargo Bank (hereafter Wells Fargo or Bank), challenges a trial court order awarding attorney fees and costs in the amount of $215,460 to attorney Sherman Kassof, co-counsel for respondent Ernest M. Thayer in one of five coordinated class actions that, as to the underlying issues, have all been resolved on the basis of a settlement agreement. The total amount awarded by the trial court to the nine law firms, including Kassof’ s, which represented plaintiffs in the coordinated actions was approximately $1.1 million. After the appeal was filed, Wells Fargo entered into settlement agreements regarding all individual attorney fee awards except that to Kassof. The amount of the fee awarded Kassof’ s cocounsel, Mario Alioto, was among those compromised by settlement, so that the award to Kassof is therefore the only one here at issue.

 
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