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How Much Does A Personal Injury Lawyer Cost in California
| Article Summary — Personal injury lawyers in California work on a contingency fee basis — no upfront cost, no hourly rate, and no attorney fee unless and until compensation is recovered on your behalf. The standard contingency fee in California personal injury cases is 33% (one-third) of the gross recovery if the case settles before litigation, increasing to up to 40% for cases that proceed to trial. Case costs — filing fees, medical records, expert witnesses, deposition costs — are separate from attorney fees and are typically advanced by the firm, then reimbursed from the settlement. California Business and Professions Code Section 6147 requires every contingency fee agreement to be in writing, to state the percentage clearly, and to disclose the cost arrangement before work begins. Represented injury claimants recover substantially more on average than unrepresented claimants — typically three to four times as much — even after attorney fees are deducted, according to Insurance Research Council data. This page provides complete fee transparency: percentage ranges by case stage, a detailed case costs reference, three settlement math examples, and the pre-engagement questions every client should ask. Free consultation at Steven M. Sweat, Personal Injury Lawyers, APC: 866-966-5240. No fee unless we win. |
How Much Does a Personal Injury Lawyer Cost in California? Fees, Costs, and What You Actually Take Home
The question of how much a personal injury lawyer costs in California has a clear, specific answer — but that answer has two parts that are frequently conflated, and the difference between them matters significantly when calculating what you will actually receive from a settlement or verdict.
Part one is the attorney’s contingency fee: the percentage of your recovery that the attorney earns for handling your case. Part two is case costs: the out-of-pocket expenses incurred in investigating, documenting, and litigating your claim. Both are deducted from your settlement or verdict, but they work differently, they are governed by different rules, and understanding both before you sign a fee agreement is essential.
This page provides complete, transparent answers to every question a California personal injury claimant should have about fees, costs, and case economics — including settlement math examples showing exactly what different recovery levels look like after all deductions. Nothing is hidden. If a question about attorney compensation makes you uncomfortable asking, it almost certainly appears in the FAQ at the bottom.
The Core Answer: No Upfront Cost, No Fee Unless You Win
California personal injury attorneys work on contingency. This means:
- You pay no attorney fees to engage the firm and begin representation.
- You pay no hourly rate at any stage of the case.
- You pay no attorney fee at all if the case does not result in a recovery.
- If the case does result in a recovery — through settlement, verdict, or arbitration award — the attorney’s fee is a percentage of that recovery.
The contingency model exists because it allows injured people to access experienced legal representation regardless of their financial situation at the time of the injury. It also aligns the attorney’s financial interest directly with the client’s: the larger the recovery, the larger the fee. An attorney paid on contingency is motivated to maximize your outcome — not to bill hours.
The free initial consultation flows from the same logic. There is no charge to speak with the attorney, evaluate your case, and decide whether to proceed. If you decide not to hire the firm, you owe nothing. The conversation is covered by attorney-client privilege and cannot be used against you.
Contingency Fee Percentages in California — What to Expect at Each Stage
The contingency fee percentage in California personal injury cases is not fixed by statute for most case types. It is set by written agreement between attorney and client. The ranges below reflect market practice in Los Angeles and across California:
| Stage at Which Case Resolves | Typical Fee (California) | Context |
| Case settles before a lawsuit is filed | 33% (one-third) of gross recovery | The most common outcome for car accident, slip and fall, and moderate-injury cases with clear liability. Adjusters resolve the claim during the pre-litigation demand phase. |
| Case settles after lawsuit filed, before trial | 40% of gross recovery | Once a complaint is filed, the additional work of discovery, depositions, and motions practice justifies a higher percentage. The specific rate depends on your fee agreement. |
| Case resolved at trial or by arbitration award | 40% of gross recovery | Trial preparation and the trial itself represent substantially more attorney time and resource investment. 40% is the standard California contingency fee for litigated matters. |
| Post-trial appeal (if applicable) | 40%–45% — confirm in your fee agreement | Appeals are uncommon and involve a separate body of work. The fee for appeal work is typically specified separately in the fee agreement. |
One critical variable not reflected in the percentages above: whether the fee is calculated on the gross recovery (before costs are deducted) or the net recovery (after costs). The difference is meaningful and must be specified in the written fee agreement.
| Calculation Method | How the Math Works ($200K Example) | Note |
| Fee calculated on gross recovery (before costs deducted) — MORE COMMON | Gross recovery: $200,000 Fee (33%): $66,000 Costs: $12,000 Net to client: $122,000 | The fee is calculated on the full settlement amount. Costs are deducted separately after the fee. This is the more common California approach. |
| Fee calculated on net recovery (after costs deducted) — LESS COMMON | Gross recovery: $200,000 Costs deducted first: $12,000 Net for fee calculation: $188,000 Fee (33%): $62,040 Net to client: $125,960 | The fee is calculated on the settlement amount minus costs. Produces a slightly lower fee in dollar terms. Less common but exists — confirm which applies in your agreement. |
Most California contingency fee agreements calculate the fee on the gross recovery — the total settlement amount before costs are deducted. If your agreement is on a net basis, confirm that explicitly, because the math is meaningfully different and the calculation basis should be stated in writing.
Case Costs — What They Are, What They Cost, and Who Pays
Case costs are the out-of-pocket expenses incurred in building, documenting, and litigating your personal injury claim. They are not part of the attorney’s fee — they are real expenses, separate from the contingency percentage, that must be paid regardless of the fee structure.
How costs are typically handled
In the large majority of personal injury matters, the law firm advances case costs during the pendency of the case — meaning the firm pays these expenses as they arise, without the client writing checks during treatment and recovery. At the conclusion of the case, advanced costs are reimbursed from the settlement or verdict before the client’s net proceeds are calculated.
This arrangement is beneficial to clients: it means you are not asked to fund expert witnesses or depositions while you are treating for injuries and potentially out of work. The practical risk is that in cases that do not result in a recovery, the question of who owes the advanced costs becomes important — and the answer depends on your specific fee agreement.
If the case is lost — who owes costs?
This is the most important cost question to ask before signing any contingency fee agreement in California, and it is frequently not asked. Fee agreements vary:
- Some agreements provide that costs are forgiven if the case does not result in a recovery — the firm absorbs the loss.
- Some agreements provide that costs are owed by the client regardless of outcome — the firm has advanced money it is entitled to recover.
- Some agreements are silent on this point, which creates ambiguity that is resolved in litigation if the parties disagree.
California Business and Professions Code Section 6147 requires the fee agreement to address this point. If the attorney you are considering cannot clearly explain what happens to costs on a no-recovery, that is a gap in the agreement that should be resolved before signing.
Costs reference — types and typical ranges in Los Angeles
| Cost Type | What It Covers | Typical Range (Los Angeles) |
| Court filing fees | Filing a personal injury complaint in California Superior Court. Required to commence a lawsuit. | ~$435–$450 (cases claiming over $25,000) |
| Medical records and billing records | Obtaining complete records from hospitals, clinics, treating physicians, and imaging centers. Essential to documenting medical damages. | $0.25–$0.50/page plus facility fees; $200–$800 typical per provider |
| Police and accident reports | Official copies from LAPD, LASD, or municipal agencies. | $15–$30 per report |
| Expert witness fees | Medical experts (causation, prognosis, future care), accident reconstruction specialists, biomechanical engineers, life care planners, vocational rehabilitation experts, economic damages experts. | $3,000–$25,000+ per expert depending on case complexity |
| Deposition costs | Court reporter fees, transcript preparation, and videography for depositions of parties, witnesses, and experts. | $500–$2,500 per deposition; complex cases may have 10–20+ depositions |
| Investigator fees | Scene investigation, witness interviews, evidence preservation, and background research. | $1,000–$5,000 depending on scope |
| Process server and service fees | Serving defendants, subpoenas, and other legal documents. | $50–$200 per service |
| Mediation fees | Mediator’s fees for private mediation sessions. Typically split between the parties. | $1,500–$4,000 per party per day (private mediator in Los Angeles) |
| Trial exhibit preparation | Graphic exhibits, trial technology, medical illustrations, and demonstrative evidence for trial presentation. | $2,000–$15,000+ depending on case complexity |
| Subpoena and records production | Obtaining records from employers, government agencies, and third parties through formal subpoena process. | $200–$600 per subpoena plus copying costs |
What You Actually Take Home — Three Settlement Math Examples
The most useful way to understand PI attorney fees is through concrete examples. The three scenarios below illustrate how fee and cost deductions work across a range of settlement values. These are simplified for clarity — actual deductions vary based on your specific fee agreement, the costs incurred, and any medical lien obligations.
Example 1 — Car accident, soft tissue, settles before lawsuit
| Settlement Item — Example 1 | Amount |
| Gross settlement amount | $45,000 |
| Attorney contingency fee (33%) | – $14,850 |
| Case costs advanced by firm | – $2,200 |
| Health insurance subrogation lien (negotiated) | – $4,500 |
| Net to client | $23,450 |
Example 2 — Moderate injury, fracture, lawsuit filed, settles before trial
| Settlement Item — Example 2 | Amount |
| Gross settlement amount | $225,000 |
| Attorney contingency fee (40% post-filing) | – $90,000 |
| Case costs advanced by firm | – $18,500 |
| Medical lien (negotiated down from $42,000) | – $28,000 |
| Net to client | $88,500 |
Example 3 — Catastrophic injury, TBI, trial verdict
| Settlement Item — Example 3 | Amount |
| Gross verdict / judgment amount | $2,800,000 |
| Attorney contingency fee (40% trial) | – $1,120,000 |
| Case costs advanced by firm | – $145,000 |
| Medical liens (negotiated) | – $215,000 |
| Net to client | $1,320,000 |
Note on medical liens: if your treatment was paid by health insurance, Medicare, Medi-Cal, or a medical lien provider, those payors have a right to reimbursement from your settlement. Negotiating liens down is one of the most tangible ways an experienced attorney adds value to your net recovery — reductions of 30%–60% from the original lien amount are common in contested negotiations.
| “I went from the insurance company offering to give me $500 for my ‘minor injuries’ to settling for $16,500, after you got involved. You’re the best!” — Car Accident Client, Los Angeles |
Is Hiring a Personal Injury Attorney Worth It After the Fee?
This is the right question to ask, and the answer — across multiple decades of insurance industry and academic research — is yes, with near-universal consistency.
The Insurance Research Council has conducted multiple studies comparing outcomes for represented versus unrepresented personal injury claimants. The consistent finding: represented claimants recover three to four times as much as unrepresented claimants in comparable cases, even after attorney fees are deducted from the represented claimants’ recoveries.
The mechanisms are not mysterious:
- Insurance companies know which attorneys litigate and which settle at any price. Attorneys with trial records receive materially higher offers on the same facts.
- Full damages documentation — future medical needs, lost earning capacity, properly quantified pain and suffering — requires legal expertise to develop. Unrepresented claimants rarely capture the full value of their damages.
- Medical lien negotiation adds net value that does not appear in the gross settlement figure but directly affects what the client receives.
- Identifying all coverage sources — UM/UIM, umbrella policies, additional defendants, commercial carrier excess coverage — requires legal analysis that unrepresented claimants rarely perform.
The appropriate comparison is not “what percentage does the attorney take” but “what do I net after fees versus what I would recover without representation.” In the large majority of contested injury cases, the net recovery with representation substantially exceeds the net recovery without it.
What Is My Personal Injury Case Worth? Illustrative Value Ranges by Injury Type
Case value is determined by the specific facts of your case — liability clarity, injury severity and permanence, available insurance coverage, quality of damages documentation, and the jurisdiction and judge if the case reaches trial. The ranges below are illustrative guides, not predictions for any individual case.
California does not cap non-economic damages in personal injury cases — unlike medical malpractice, where MICRA imposes a cap. This means that pain and suffering, emotional distress, and loss of enjoyment of life are recoverable without a ceiling, subject to jury determination and constitutional reasonableness review for punitive damages.
| Injury / Case Type | Illustrative Settlement Range | Key Value Drivers |
| Soft-tissue injury (whiplash, strain/sprain) — full recovery | $10,000 – $75,000 | Value driven by treatment duration, documented symptoms, impact on daily life, and clarity of liability. Cases with consistent treatment records and clear fault resolve at the higher end of this range. |
| Moderate orthopedic injury — fracture, surgery, recovery | $75,000 – $350,000 | Fractures requiring surgical intervention, hardware placement, and extended physical therapy. Future medical needs (hardware removal, arthritis risk) increase value. Lost income documentation is important. |
| Serious soft-tissue with permanent symptoms | $50,000 – $200,000 | Cases where whiplash or disc injury does not fully resolve — herniated disc, chronic pain, functional limitations. Expert medical testimony on permanence is essential to the upper range. |
| Traumatic brain injury — mild to moderate | $150,000 – $1,500,000+ | Range depends heavily on permanence of cognitive or neurological symptoms. Neuropsychological testing, neurologist testimony, and life care planning are required to establish upper-range values. |
| Spinal cord injury — partial function loss | $500,000 – $5,000,000+ | Catastrophic range driven by lifetime medical care costs, adaptive equipment, home modification, lost earning capacity, and pain and suffering. Life care plan by a certified LCP is essential. |
| Wrongful death — adult with dependents | $500,000 – $5,000,000+ | Damages include loss of financial support, loss of companionship and consortium for surviving spouse and children, and the decedent’s pre-death pain and suffering (survival action). Varies significantly by the decedent’s age, income, and family circumstances. |
| Dog bite — serious injury, facial scarring | $50,000 – $300,000 | California strict liability removes the “one bite” defense. Value driven by severity of injury, permanence of scarring or nerve damage, and psychological impact. Homeowner’s insurance is the primary coverage source. |
| Premises liability — major fall injury | $50,000 – $500,000+ | Fractures, TBI, and spinal injuries from falls produce higher values. Clarity of liability evidence (surveillance footage, maintenance records) and strength of defendant’s comparative fault arguments significantly affect range. |
These ranges assume reasonable liability clarity, adequate insurance coverage, and properly documented damages. Cases with disputed liability, minimal insurance coverage, or poor damages documentation will fall below these ranges. Cases with exceptional damages documentation, significant punitive damage exposure, or high-value expert development may exceed them.
California Law — What Your Fee Agreement Must Contain
California Business and Professions Code Section 6147 establishes mandatory requirements for contingency fee agreements in personal injury and wrongful death cases. Understanding these requirements protects you as a client and allows you to identify whether any agreement you are presented with complies with California law.
| Requirement | Authority | What It Means |
| Agreement must be in writing | California Business and Professions Code Section 6147(a) | Every contingency fee agreement in a PI or wrongful death case must be in writing and signed by both the attorney and client before or at the time work begins. Oral contingency agreements are unenforceable. |
| Percentage must be stated | California B&P Code Section 6147(a)(1) | The written agreement must state the contingency fee percentage clearly. If the percentage varies by stage of resolution, each stage and its applicable percentage must be specified. |
| Cost arrangement must be disclosed | California B&P Code Section 6147(a)(2) | The agreement must specify whether costs are deducted before or after the fee is calculated, and whether the client is responsible for costs if the case is not successful. |
| Fee is negotiable — must be stated | California B&P Code Section 6147(a)(4) | The agreement must contain a statement that the contingency fee rate is not set by law and is negotiable between attorney and client. This language is required — not optional. |
| Client receives a signed copy | California B&P Code Section 6147(a) | The attorney must provide the client with a signed copy of the agreement at the time of execution. Failure to do so may limit the attorney’s ability to collect the agreed fee. |
| Consequence of non-compliance | California B&P Code Section 6147(b) | An attorney who fails to comply with these requirements may be limited to recovering a reasonable fee (quantum meruit) rather than the agreed contingency percentage — even after winning the case. |
The practical implication: if an attorney hands you a verbal commitment, a one-sentence agreement, or an agreement that does not address costs, you are looking at a non-compliant agreement. A non-compliant agreement may limit the attorney’s ability to collect the agreed fee — but more importantly, it signals a practice that does not put client interests first. The fee agreement is the foundation of the attorney-client relationship. It should be complete, clear, and compliant.
Questions to Ask Before Signing a Personal Injury Fee Agreement
The following questions should be asked — and answered in writing in the fee agreement — before you sign with any personal injury attorney in California. A trustworthy attorney will answer all of them directly.
| Question to Ask | Why It Matters |
| What is your contingency fee percentage? | And does it change if a lawsuit is filed or if the case goes to trial? Some agreements have a single flat rate; others escalate by stage. Know which applies before signing. |
| Is the fee calculated on gross or net recovery? | Gross (before costs deducted) is more common. Net (after costs) produces a marginally lower fee. The difference on a $300,000 case with $20,000 in costs is approximately $6,600 — meaningful but rarely dispositive. |
| What types of costs does your firm typically advance? | Ask for a realistic estimate of the costs likely in your type of case. A soft-tissue car accident that settles pre-litigation may have $1,000–$3,000 in costs. A catastrophic injury case that goes to trial may have $50,000–$150,000 in costs. |
| If the case does not result in a recovery, do I owe costs? | This is the single most important cost question. Some agreements provide that the firm absorbs costs on a no-recovery; others provide that costs are owed regardless. The answer should be in writing in your fee agreement. |
| How do you handle medical liens? | If your treatment was paid by health insurance, Medicare, Medi-Cal, or a medical lien provider, those payors may have a right to reimbursement from your settlement. Ask whether the firm negotiates liens — and how. |
| Who handles my case day-to-day? | The attorney you are consulting with, or someone else? This affects both the quality of representation and the practical meaning of direct attorney access throughout the case. |
| What is your honest assessment of my case? | A trustworthy attorney will identify weaknesses as well as strengths. If the attorney only describes upside and never mentions challenges, that is a signal about honesty — not about your case. |
| Can I see the fee agreement before I decide? | California B&P Code Section 6147 requires the agreement to be in writing. Requesting it before signing is not only reasonable — it is your right. |
| “When I came to you, I was desperate. I had been injured with no place to turn. The injury had caused me to lose my job and I had no income. You got me a loan against my future settlement, helped me get back on my feet, and eventually settled my case for ONE MILLION DOLLARS.” — Catastrophic Injury Client, Los Angeles |
How Steven M. Sweat, Personal Injury Lawyers, APC Handles Fees and Costs
At this firm, every personal injury and wrongful death case is handled on a contingency fee basis. The following reflects standard practice:
- The initial consultation is free. No charge to speak with attorney Steven M. Sweat, evaluate your case, and decide whether to proceed.
- The contingency fee percentage is 33% for cases that settle before litigation and up to 40% for cases that proceed through trial. This is stated in the written fee agreement.
- The fee is calculated on the gross recovery — the total settlement or verdict amount before cost deductions.
- Case costs are advanced by the firm in most circumstances. The client is not asked to fund investigation, expert witnesses, or deposition costs during the case.
- The fee agreement is in writing, signed by both attorney and client, and provided to the client at the time of signing — in full compliance with California Business and Professions Code Section 6147.
- Medical liens are negotiated as a standard part of case resolution. Reducing the lien amount directly increases the client’s net recovery.
- The cost arrangement on a no-recovery is addressed explicitly in the fee agreement. There is no ambiguity about what happens to advanced costs if the case does not result in a recovery.
Before any representation begins, the fee structure, the cost arrangement, and the cost-on-no-recovery question are explained clearly. Clients are encouraged to read the agreement, ask questions, and take time to decide. No high-pressure tactics. No rush to sign.
Frequently Asked Questions
| How much do personal injury lawyers charge in California? |
| Personal injury lawyers in California work on a contingency fee basis — no upfront cost and no attorney fee unless they recover compensation for you. The standard fee is 33% (one-third) of the gross recovery if the case settles before a lawsuit is filed, and up to 40% if the case proceeds through trial. Case costs — filing fees, expert witnesses, medical records, depositions — are separate from the fee and are typically advanced by the firm and reimbursed from the settlement. |
| Do I pay if the case is lost? |
| You owe no attorney fees if the case does not result in a recovery — that is the defining feature of a contingency arrangement. Whether you owe case costs on a no-recovery depends on the specific language of your fee agreement. Some agreements absorb costs on a no-recovery; others provide that costs are owed. This must be addressed in writing in the fee agreement. Ask this question directly before signing. |
| Is 33% a standard contingency fee in California? |
| Yes — 33% (one-third) of the gross recovery is the most common pre-litigation contingency fee in California personal injury cases. This percentage is not set by statute for most PI cases; it is set by agreement between attorney and client. It typically increases to 40% if the case is filed and proceeds to trial. California B&P Code Section 6147 requires the agreement to state that the fee is negotiable and not set by the State Bar. |
| What is the difference between attorney fees and case costs? |
| Attorney fees are the contingency percentage — the attorney’s compensation for representing you, paid only if there is a recovery. Case costs are the out-of-pocket expenses incurred in pursuing the claim: filing fees, medical records, expert witnesses, deposition transcripts, and similar expenses. Both are deducted from your recovery. Understanding both before signing a fee agreement is essential to knowing what you will actually receive from a settlement. |
| How much will I actually receive from a personal injury settlement in California? |
| Your net recovery equals the gross settlement minus attorney fees, case costs, and any medical liens or health insurance subrogation obligations. On a $100,000 pre-litigation settlement with a 33% fee, $8,000 in costs, and a $12,000 negotiated lien, the net to client is approximately $47,000. The specific numbers depend entirely on your case. The settlement math examples in this article illustrate three scenarios at different recovery levels — see the examples above for a concrete picture of how deductions work. |
| Can I negotiate the contingency fee percentage? |
| California B&P Code Section 6147 requires every fee agreement to state that the fee is negotiable. In practice, meaningful fee negotiation is uncommon in standard personal injury cases because 33% pre-litigation is already the market norm. In very high-value cases — potential recoveries in the millions — some negotiation of the percentage is more common and appropriate. This is a conversation to have directly with the attorney. |
| What happens to attorney fees if I fire my lawyer before the case ends? |
| A discharged contingency-fee attorney typically has a lien on any future recovery in the case for the reasonable value of the work performed to that point — known as quantum meruit. The discharged attorney does not collect the full contingency percentage unless the fee agreement specifically provides for it. Changing attorneys mid-case adds complexity and cost and is generally best avoided by choosing carefully at the outset. |
| Does the firm charge for the initial consultation? |
| No. The initial consultation at Steven M. Sweat, Personal Injury Lawyers, APC is completely free. There is no charge to speak with attorney Steven M. Sweat about your case, ask questions, and decide whether to proceed. No fee agreement is required before the consultation, and no obligation to hire the firm results from the consultation. The conversation is covered by attorney-client privilege. |
| How does California law protect me when signing a PI fee agreement? |
| California Business and Professions Code Section 6147 requires every personal injury contingency fee agreement to: (1) be in writing and signed by both parties before work begins, (2) state the fee percentage clearly, (3) disclose how costs are handled, (4) state that the fee is negotiable, and (5) be provided to the client as a signed copy at execution. An attorney who presents a verbal agreement, an incomplete agreement, or an agreement that does not address costs is not complying with California law. |
Related Resources on This Website
- Free Personal Injury Consultation in Los Angeles — What to Expect and How to Schedule — victimslawyer.com
- Why Clients Rate Steven M. Sweat Among California’s Best Personal Injury Lawyers — victimslawyer.com
- Los Angeles Personal Injury Trial Lawyer — 30 Years of Courtroom Experience — victimslawyer.com
- What to Do After an Accident in Los Angeles — A Step-by-Step Guide — victimslawyer.com
- Types of Personal Injury Cases We Handle in Los Angeles — victimslawyer.com
- How to Choose a Car Accident Lawyer in Los Angeles — victimslawyer.com
- Awards, Recognition and Client Results — Steven M. Sweat, Personal Injury Lawyers, APC — victimslawyer.com
No Fee Unless We Win — Free Consultation
If you have been injured in Los Angeles or anywhere in Southern California, the cost of hiring an attorney is not what you think it is. There is no upfront fee, no hourly rate, and no attorney fee at all unless we recover compensation for you. Contact Steven M. Sweat, Personal Injury Lawyers, APC for a free, confidential consultation. You will speak directly with attorney Steven M. Sweat, receive an honest assessment of your case and its value, and leave the call knowing exactly how our fee arrangement works — in plain language, before you sign anything.
Phone: 866-966-5240
Website: victimslawyer.com
Address: 11500 W. Olympic Blvd., Suite 400, Los Angeles, CA 90064
| About the Author Steven M. Sweat is the founding attorney of Steven M. Sweat, Personal Injury Lawyers, APC. He has spent more than 30 years exclusively representing injured individuals and wrongful death victims throughout Los Angeles and Southern California. He has been recognized by Super Lawyers annually since 2012, holds an Avvo 10.0 rating, and is a member of both the Multi-Million Dollar Advocates Forum and the National Trial Lawyers Top 100. The firm handles all cases on a contingency fee basis from its West Los Angeles office at 11500 W. Olympic Blvd., Suite 400, Los Angeles, CA 90064. |