Judge: Armen Tamzarian, Case: 23STCV06188, Date: 2025-01-13 Tentative Ruling

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Case Number: 23STCV06188    Hearing Date: January 13, 2025    Dept: 52

Plaintiff Alan Richards’s Motion for Attorney Fees

Plaintiff Alan Richards moves for $87,421.50 in attorney fees from defendant FrescoFICO, LLC.  Plaintiff is entitled to recover reasonable attorney fees because he prevailed at trial on causes of action under the Fair Employment and Housing Act.  (Gov. Code, § 12965, subd. (c)(6).)  In determining what constitutes a reasonable fee, the court ordinarily begins with the lodestar, that is, “the number of hours reasonably expended multiplied by the reasonable hourly rate.” (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095.)  The court may rely on its own experience and knowledge in determining the reasonable value of attorney fees.  (Id. at p. 1096; accord Taylor v. Nabors Drilling USA, LP (2014) 222 Cal.App.4th 1228, 1249.)

Plaintiff adequately justifies counsel’s lodestar of $58,281 based on 154.9 hours of work by three attorneys. 

Plaintiff also seeks a 50% enhancement to the lodestar.  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.)

After considering all relevant factors, the court exercises its discretion not to award an enhancement.  The case did not involve novel or difficult issues.  Plaintiff’s counsel competently represented plaintiff, but the case was not strongly contested.  Beginning in May 2024, defendant was not represented by counsel and, as a limited liability company, was therefore not able to defendant itself.  The extent to which this litigation precluded other employment was minimal because plaintiff’s counsel billed a total of 154.9 hours over 18 months from February 2023 (before filing the complaint) through November 2024.  That amounts to under 9 hours a month.  Finally, though counsel represented plaintiff on a contingency basis, the court finds counsel’s hourly rates adequately account for that factor.  (See Horsford v. Board of Trustees of California State University (2005) 132 Cal.App.4th 359, 395 [“The contingency adjustment may be made at the lodestar phase of the court’s calculation or by applying a multiplier to the noncontingency lodestar calculation (but not both)”].)

Plaintiff Alan Richards’s motion for attorney fees is granted in part.  Plaintiff Alan Richards shall recover $58,281 in attorney fees from defendant FrescoFICO, LLC.