No Need To Look At Our Evidence Of Attorneys’ Fees; Take Our Word For It.

The trial court awarded $350,000 in fees and costs to class counsel after approving a settlement. In making its determination, the court reviewed some of class counsel’s billing records in camera, to which defendant did not object. On appeal, defendant contended class counsel failed to submit sufficient evidence to justify that the fee award was both necessary and nonduplicative and that the trial court’s in camera review of class counsel’s billing records to support the fee award denied defendant its due process. The appellate court reversed, stating there was no basis to bar defendant from full access to the evidence presented to the court and that “it was improper for the court to rely upon billing information not provided to [defendant].” (Concepcion v. Amscan Holdings, Inc.  (Cal. App. Second Dist., Div. 7; February 18, 2014) 223 Cal.App.4th 1309, [168 Cal.Rptr.3d 40].)