Judge: Andre De La Cruz, Case: 2020-01126615, Date: 2023-08-21 Tentative Ruling
Motion for Attorney Fees filed by Julayne Gilstra, Paul Meszesan, Billy Walker Jr., Billy Walker, Unique Lewis, and Regina Starke on 4/26/23
Plaintiffs Billy Walker, Julayne Gilstrap, Billy Walker, Jr., Paul Meszesan, Regina Starke and Unique Lewis make a motion for an award of attorney fees against Defendant Related Management Company, L.P. in the amount of $78,338.50 and costs in the amount of $1,761.86.
Plaintiffs herein filed a complaint on 1-23-2020 alleging:
1. Violations of the Investigative Consumer Reporting Agencies Act (“ICRAA”), Cal. Civ. Code § 1786, et seq.; and
2. Declaratory Relief.
Plaintiffs alleged that Defendants obtained investigative consumer reports about each of the Plaintiffs during the processing of Plaintiffs’ Application for Occupancy at the Rosena Fountains Apartments, and the Luxaira Apartments, without complying with the mandatory requirements, disclosures and authorizations required under the ICRAA statute.
Thereafter, on 3-1-2023, Plaintiffs filed Notices of Acceptance of 998 Offers, which awarded each plaintiff $12,500 and wherein Defendant Related Management Company, L.P. agreed to pay the reasonable attorney fees and costs incurred by Plaintiffs in this action as determined by the Court based on Related Management Company, L.P.’s violation of the ICRAA. Civ. Code, §§ 1786.16(a)(3), (b)(1), 1786.50(a); Code Civ. Proc., § 1021.5.
Notably, Defendant Related Management Company, L.P. did not file any opposition to this motion despite being served on 4-26-2023 and the Court providing notice of the hearing date on 8-9-2023.
“[E]ach party to a lawsuit is responsible for his or her own attorney’s fees in the absence of an agreement between the parties for fees or a statute specifically authorizing fees. [Citations.]” Pederson v. Kennedy (1982) 128 Cal.App.3d 976, 979. Except as attorney’s fees are specifically provided for by statute, attorney’s fees are permitted by contract. Under Code of Civil Procedure section 1032, attorney’s fees are recoverable as costs when authorized by contract, statute or law. Code Civ. Proc. § 1033.5(a)(10)(A)-(C).
Civil Code § 1786.50 states, in relevant part:
(a) An investigative consumer reporting agency or user of information that fails to comply with any requirement under this title with respect to an investigative consumer report is liable to the consumer who is the subject of the report in an amount equal to the sum of all of the following:
(1) Any actual damages sustained by the consumer as a result of the failure or, except in the case of class actions, ten thousand dollars ($10,000), whichever sum is greater.
(2) In the case of any successful action to enforce any liability under this chapter, the costs of the action together with reasonable attorney’s fees as determined by the court.
Upon motion, a court may award attorney’s fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons; (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate; and (c) such fees should not in the interest of justice be paid out of the recovery, if any. Code Civ. Proc., § 1021.5.
Hourly Rate:
The Court begins this inquiry “with the ‘lodestar,’ i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate.” PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095. The lodestar figure may be adjusted [according to a multiplier enhancement] based on consideration of factors specific to the case, in order to fix the fee at the fair market value for the legal services provided. Id.
Relevant
multiplier factors include:
(1) the novelty and difficulty of the questions involved,
(2) the skill displayed in presenting them,
(3) the extent to which the nature of the litigation precluded other employment by the attorneys,
(4) the contingent nature of the fee award.
Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132.
Plaintiffs argue that an attorney fee rate of $650 per hour is reasonable. Mot., 12:2-3, with support by the Declaration of Glenn Murphy, which explains that:
Murphy is the founder of LAP; Murphy has been practicing law for 15 years with a focus on civil rights, mass torts, and complex civil litigation; and that a billing rate of $650 per hour is commensurate to an attorney of his experience. Murphy explains, “The billing rates for both partners and associates at most large firms are now over $1,000 per hour.” Decl. of Murphy ¶14. He submits cases where his fees were approved in Los Angeles.
Notably, Mr. Murphy does not establish the equivalently experienced attorney rate for attorneys in Orange County. Also, while Mr. Murphy appears to be the only attorney working on this case, it does not appear to be the type of case that warrants a partner’s time at $650 an hour. Indeed, for things as simple as drafting a proof of service, he could have had his paralegal do the work, but did not. See e.g., Decl. of Murphy, Billing Statements 4/26/2023 entry.
Furthermore, this is a straightforward statutory claim which presented no novel or difficult issues, and Plaintiffs suffered no damages. Therefore, the Court will allow attorney’s fees in the amount of $450 an hour.
The rate of Mr. Murphy’s paralegal at $185 an hour appears reasonable. Decl. of Murphy ¶ 4.
Hours Spent:
Mr. Murphy declares that he spent 108.8 hours prosecuting this case, and his paralegal spent 20.1 hours. There being no opposition to this motion, and there being billing statements attached to his declaration, there is no reason to doubt Plaintiff’s verified time records. The Court also recalls law and motion herein consisting of several discovery motions, a demurrer, and a motion for summary judgment. The Court also notes that while the case was filed 1/23/2020, the Notice of the Acceptance of Offers to Compromise was not filed until 3/1/2023. That is, the case was litigated for three years.
As such, the Court will allow 108.8 hours at $450 an hour of attorney time = $48,960
And 20.1 an hour at $185 an hour for paralegal time= $3,718.50
Total =$52,678.50
Costs are allowed in the amount sought $1,761.86.
Plaintiff to give notice.