Judge: Armen Tamzarian, Case: 22STCV12800, Date: 2023-10-20 Tentative Ruling

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Case Number: 22STCV12800    Hearing Date: October 20, 2023    Dept: 52

Plaintiff Dennis Floyd’s Motion for Attorney’s Fees

            Plaintiff Dennis Floyd moves for $32,050.50 in attorney fees and $1,120.53 in other expenses under Civil Code section 1794, subdivision (d).  

Hours

Defendants Kia America, Inc. and Kia of Alhambra argue plaintiff did not reasonably incur all 61.4 hours of attorney fees billed.  In calculating the lodestar, the court must determine whether the tasks performed by an attorney were necessary and whether the amount of time billed for each task was reasonable.  (Baxter v. Bock (2016) 247 Cal.App.4th 775, 793.)  The moving party has the burden of proof on these issues.  (Ibid.)  “[V]erified time statements of the attorneys, as officers of the court, are entitled to credence in the absence of a clear indication the records are erroneous.”  (Horsford v. Board of Trustees of California State University (2005) 132 Cal.App.4th 359, 396.)

The court concludes plaintiff reasonably incurred all 61.4 hours of attorney fees claimed.  Plaintiff’s counsel provided detailed billing records.  (Saeedian Decl., ¶ 9, Ex. A.)  Nearly all entries are half an hour or less.  The only entry over two hours is for 2.2 hours by Christopher Urner drafting and preparing a motion to compel further discovery responses.  (Id., p. 4.)  Though many of plaintiff’s counsel’s tasks likely relied on templates from prior cases, the billing entries show plaintiff’s counsel worked efficiently.  For example, plaintiff incurred a total of only 2.3 hours of fees for drafting form interrogatories, special interrogatories, requests for admissions, and requests for production to defendant Kia America, Inc.  (Id., pp. 3-4.)  Plaintiff also incurred only 1.2 hours reviewing and responding to Kia America, Inc.’s responses to that discovery and 1.4 hours drafting a meet and confer letter about the responses.  (Id., p. 4.)

Defendants argue unreasonably billed for work by partner Michael Saeedian on simple tasks that should have been done by an associate.  The court agrees it was not necessary to use an attorney with Saeedian’s experience to perform simple tasks like drafting discovery requests.  But rather than reducing the lodestar’s hours, the court accounts for that by reducing the hourly rates as discussed below. 

Rates

For hourly rates, “the trial court is in the best position to value the services rendered by the attorneys.”  (569 East County Boulevard LLC v. Backcountry Against the Dump, Inc. (2016) 6 Cal.App.5th 426, 436.)  Courts may rely on their “own knowledge and familiarity with the legal market, as well as the experience, skill, and reputation of the attorney requesting fees, the difficulty or complexity of the litigation to which that skill was applied, and affidavits from other attorneys regarding prevailing fees in the community and rate determinations in other cases.”  (Id. at p. 437, citations omitted.)

Plaintiff’s counsel billed $695 hourly for attorney Michael Saeedian, $525 hourly for attorney Christopher Urner, and $250 hourly for certified law clerk Jorge Acosta.  (Saeedian Decl., ¶ 11, Ex. A.)

Based on its knowledge of the legal market, its review of Saeedian’s, Urner’s, and Acosta’s experience, the routine nature of this Song-Beverly Consumer Warranty Act case, and the tasks performed by each timekeeper, the court will reduce counsel’s hourly rates.  Plaintiff’s counsel sometimes used its most experienced attorney, Michael Saeedian, to do work that could have been done by a less experienced attorney or a certified law clerk with a lower rate.  For example, Saeedian drafted plaintiff’s written discovery requests to Kia America, Inc. (Saeedian Decl., Ex. A, pp. 3-4) and to Kia of Alhambra (id., p. 5). 

The court awards hourly rates of $556 for Michael Saeedian, $420 for Christopher Urner, and $200 for Jorge Acosta.  After this reduction, plaintiff’s lodestar totals $25,640.40.

Other Expenses

            Defendants do not dispute plaintiff’s $1,120.53 in other expenses. 

Disposition

            Plaintiff Dennis Floyd’s motion for attorney fees is granted in part.  Plaintiff Dennis Floyd shall recover $25,640.40 in attorney fees and $1,120.53 in other expenses, for a total of $26,760.93, from defendants Kia America, Inc. and Kia of Alhambra.