Judge Andre De La Cruz, Case 2019-01106271 2023-08-14 Tentative Ruling

Judge: Andre De La Cruz, Case: 2019-01106271, Date: 2023-08-14 Tentative Ruling

Motion for Attorney Fees filed by Larry Warren, Rosa Bradford-Bush, Francisco Toral, Jessica Adams, Eduardo Aguilar, Anthony Castaneda, Thomas Pang, Angelica Toral, Karen Watkins, Sharon Brown, Ruby Aguilar, Sarah Singh, Marcus Mabry on 4/26/23

Plaintiffs Jessica Adams, Eduardo Aguilar, Ruby Aguilar, Rosa Bradford-Bush, Sharon Brown, Marcus Mavry, Anthony Castaneda, Sarah Singh, Thomas Pang, Francisco Toral, Angelica Toral, Karen Watkins, and Larry Watkins’ (collectively, “Plaintiffs”) move for an award of attorneys’ fees in the amount $161,627.00, plus costs in the amount of $2,413.94 from Defendant Related Management Company, L.P. (“Defendant”).

Defendant requests judicial notice of the following:

1. the Court’s Minute Order in related matter Griffith v. Related Management Company, L.P., case number 2019-01091978, regarding Plaintiff Motion for Summary Adjudication issued on or around February 17, 2021;

2. Plaintiff’s Reply to Defendant’s Opposition to Attorney Fees and Cost in the matter titled Elmy vs. Related Management Company, L.P. case number 30-2019-01105181;

3. the Minute Order issued after the hearing for the Motion for Attorney Fees filed by Plaintiff Mohammad Elmy;

4. the Transcript from the hearing for the Motion for Attorney Fees filed by Plaintiff Mohammad Elmy; and

5. the Minute Order from in related matter Griffith vs. Related Management Company, L.P. (Case No.: 30-2019-01091978-CU-BT-CXC) issued after the hearing for the Motion for Attorney Fees.

The request is GRANTED. See Evid. Code, § 452(d).

Plaintiffs’ Objections to Declaration of Michael Shakouri

Objection Nos. 1-17—OVERRULED.

Plaintiffs’ Objections to Declaration of Daniella Mikhael-Fard

Objection Nos. 1-4—OVERRULED.

Per Plaintiffs’ Memorandum of Costs filed on 03/08/23 (ROA 399), the claimed costs are proper and recoverable. Defendant does not argue any of the claimed costs should be stricken or not taxed. Thus, the request for costs in the amount of $2,413.94 is GRANTED.

Regarding attorney’s fees, the Court notes that counsel has been awarded attorney’s fees in several related matters, including Elmy v. Related Management Company, L.P. (case no. 2019-1105181), Nava v. Related Management Company, L.P. (case no. 2019-01096579), and Griffith v. Related Management Company, L.P. (case no. 2019-01091978). In Elmy, the Court found that 43.4 hours were reasonably incurred at a reasonable rate of $450/hour. In Nava, the Court found 17.6 hours were reasonably incurred at a reasonable rate of $450/hour. In Griffith, the Court found that 53 hours were reasonably incurred at a reasonable rate of $450/hour.

The Court adopts its analyses in these related matters and finds that $450/hour is a reasonable rate.

Plaintiffs’ counsel asserts that he spent 237.5 hours on this matter and his paralegal spent 39.2 hours at the rate of $185.00 per hour. The Court finds that the facts and circumstances surrounding this action do not justify the total 276.7 hours claimed. This case is based on a statutory violation with no actual injury or damages incurred by Plaintiffs. It is a straightforward statutory claim, with which Plaintiffs’ counsel is familiar, and does not present any novel or difficult issues. The sole issue was whether Defendant violated the statute, period. Accordingly, the Court finds that an award based on a reduced number of hours is warranted. See Ketchum v. Moses, 24 Cal. 4th 1122, 1132 (2001) (fees may be reduced in the Court’s discretion where they were not reasonably incurred).

Based on the above, the Court finds 59.4 hours for attorney time at $450 per hour and 19.6 hours for paralegal time at $185 per hour, for a total award of $30,356.00 in attorney fees, to be reasonable in this action. The Court finds 79 hours of total attorney and paralegal time to be reasonable for the work performed on this matter, which involved a demurrer and motion to strike filed by Defendant, several motions to compel filed by Plaintiffs, a motion to consolidate, a motion for preference, and two motions for summary judgment—notably, with much overlap with related cases. Thus, the Motion is GRANTED in part. Plaintiffs are awarded a total of $30,356.00 in fees and $2,413.94 in costs.

Plaintiffs to give notice.