Thayer v. Wells Fargo Bank

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 Kassofs, 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 Kassofs co-counsel, Mario Alioto, was among those compromised by settlement, so that the award to Kassof is therefore the only one here at issue.