Judge: Armen Tamzarian, Case: 22STCV37585, Date: 2024-03-01 Tentative Ruling

Case Number: 22STCV37585    Hearing Date: March 1, 2024    Dept: 52

Plaintiff Lorenzo Cerullo’s Motion for Attorney’s Fees, Costs, and Expenses

Plaintiff Lorenzo Cerullo moves for $35,055 in attorney fees and $2,657.70 in other expenses under Civil Code section 1794(d). 

Evidentiary Objections

            Defendant Rolls-Royce Motor Cars NA, LLC makes one objection to the declaration of Stephen Parnell.  The objection is overruled.

Attorney Fees: Hourly Rates

Plaintiff seeks to recover fees based on attorney Susan A. Yeck’s hourly rate of $650.  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.)

Defendant contends the court should use hourly rates stated in the “2021 Real Rate Report.”  The court finds plaintiff’s counsel’s rates appropriately reflect the market value of their services. 

Attorney Fees: Hours

            Plaintiff seeks a lodestar totaling $35,055 in attorney fees.  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.)  A reduced award is justified when a case is “overlitigated” and the bills are “padded.”  (Morris v. Hyundai Motor America (2019) 41 Cal.App.5th 24, 38.)

            Defendant’s opposition lists eight pages of purportedly unreasonable, vague, or duplicative billing entries.  The opposition merely restates the entries without giving any reasoned explanation of why plaintiff should not recover them.  The court finds plaintiff reasonably incurred these expenses.

            Defendant also argues plaintiff billed an excessive amount for this motion.  The court agrees.  Across three entries, plaintiff’s counsel billed 11.2 hours at $550 per hour ($6,160) for drafting this motion.  (Parnell Decl., Ex. 2, pp. 24-25.)  This simple motion did not reasonably require 11.2 hours by attorney Stephen Parnell, who began practicing law in 2005.  The court finds plaintiff reasonably incurred 7.5 hours of fees at $550 per hour ($4,125) for this motion.  The court therefore reduces plaintiff’s lodestar of $35,055 by $2,035.            

Adjustment to Lodestar

Plaintiff also seeks a positive lodestar adjustment to offset inflation.  This would increase plaintiff’s lodestar from $35,055 to $36,589.68.  In the alternative, plaintiff seeks a multiplier of 1.25, which would result in a lodestar of $43,817.75. 

Multipliers may be awarded based on factors including “(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.) 

The court rejects plaintiff’s request to adjust the lodestar for inflation or by a 1.25 multiplier.  The court finds that counsel’s hourly rates before adjustment for inflation accurately represent the fair market value of their legal services.  Those rates also sufficiently account for representation on contingency.  This case did not involve novel or difficult questions.  Plaintiff’s counsel did not demonstrate exceptional skill in litigating the case.  (See Horsford v. Board of Trustees of California State University (2005) 132 Cal.App.4th 359, 395.)

Disposition   

Plaintiff Lorenzo Cerullo’s motion for attorney fees and costs is granted in part.  Plaintiff Lorenzo Cerullo shall recover $33,020 in attorney fees and $2,657.70 in other expenses from defendant Rolls-Royce Motor Cars NA, LLC.