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=== Attorney’s Fees === |
=== Attorney’s Fees === |
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− | Kirby also appealed the grant of [[attorney’s fees]] to Sega. Under [http://law.onecle.com/california/civil/3344.html California Civil Code §3344(a)], |
+ | Kirby also appealed the grant of [[attorney’s fees]] to Sega. Under [http://law.onecle.com/california/civil/3344.html California Civil Code §3344(a)], California’s statute governing [[misappropriation]] of a celebrity’s [[likeness]], the prevailing party in action under that section “shall” be awarded [[attorney’s fees]] and [[costs]]. The trial court awarded $608,000 in [[attorney's fees|fees]] and [[cost]]s to Sega. Kirby argued that although [http://law.onecle.com/california/civil/3344.html Section 3344(a)] used “shall,” it should be interpreted permissively. The appellate court rejected this argument and found that the legislature intended a mandatory grant of [[attorney’s fees]]. The court then remanded the case to the trial court to determine the appropriate additional amount of [[attorney's fees|fees]] to which Sega was entitled for its appeal. |
== References == |
== References == |