Judge: Colin Leis, Case: 22STCV32062, Date: 2025-04-18 Tentative Ruling
Case Number: 22STCV32062 Hearing Date: April 18, 2025 Dept: 74
Velazquez v. General Motors, LLC
Plaintiff Gustavo Ramirez Velaquez’s Motion for Attorney Fees.
BACKGROUND
This motion arises from a Song Beverly Consumer Warranty action.
Plaintiff Gustavo Ramirez Velazquez (Plaintiff) filed a complaint against defendant General Motors, LLC (Defendant).
On January 26, 2024, Defendant served a Section 998 offer which Plaintiff accepted. Parties were unable to reach an agreement on Attorney’s Fees.
On June 27, 2024, Plaintiff’s filed this Motion for Attorney’s Fees.
LEGAL STANDARD
Under the Song Beverley Consumer Warranty Act, if a buyer prevails in the action, the buyer is allowed to recover costs and expenses, including attorney’s fees based on actual time expended. (Cal. Civ. Code § 1794(d).)
A plaintiff’s verified billing invoices are prima facie evidence that the costs, expenses, and services listed were necessarily incurred. (See Hadley v. Krepel (1985) 167 Cal.App.3d 677, 682.) Counsel has the burden of providing the reasonable number of hours devoted to the litigation, through declarations, or redacted or unredacted timesheets or billing records. (Concepcion v. Amscan Holdings, Inc. (2014) 223 Cal.App.4th 1309, 1325.) “[T]he verified 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 determination of reasonable amount of attorney fees is within the sound discretion of trial courts. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095.)
DISCUSSION
Parties reached a 998 Settlement which permitted Plaintiff to seek attorney’s fees by motion. Thus, Plaintiff is entitled to attorney’s fees under California Civil Code section 1794 subsection d. Plaintiff requests $65,371.50 in attorney’s fees. This amount includes $5,000 anticipated with this attorney’s fee motion but no multiplier.
Defendant requests that the Court reduce the total fees for heavy dependence on templates, Plaintiff’s counsel billing for clerical time, padding and block billing. Defendant identifies 12 motions which it states were developed by templates: (1) Templated Discovery Requests, (2) Block-Billed Draft of First Templated Letter, (3) Block-Billed Draft of Second Templated Letter, (4) Templated Motion to Compel Further RFP Responses, (5) Templated Motion to Deem RFA Admitted, (6) Templated Motion to Comple Further SROG Responses, (7) Templated Discovery Responses and Review, (8) Reply to GM’s Ex Parte Application, (9) Reply to GM’s Motion for Relief, (10) Meet and Conger Responses, (11) Templated Reply Briefs for Motions to Compel, and (12) Fee Motion.
First, the Court finds Plaintiff’s counsel’s rates reasonable. The Defendant does not identify which tasks they believe are clerical tasks.
The Court considers Defendant’s allegations of substantial template usage and identifies the following hours regarding each motion type.
· Discovery Requests (sending and receiving): 9.0 hours
· Letters: 0.3 hours
· Discovery Motions: 51.2 hours, to be reduced by 25.6 hours or $9,728
· Discovery Responses (sending and receiving): 10.6 hours
· Ex Parte Application: 9.2 hours
· Motion for Relief: 3.8 hours
· Drafting Meet and Confer Letter: 0.8 hours (Discovery), 2.2 hours (Motion for Relief), 2.7 hours (Discovery), 1.1 hours (Discovery)
· Fee Motion: 1.3
The Court finds that Plaintiff’s Counsel’s time spent on discovery motions is high for a Song Beverly action. The Court finds the rest of the hours reasonable. The Court does not find Plaintiff’s counsel’s case review excessive. The Court does find that 12.8 hours of conversations were redacted as to be impossible for the court to identify, and thus the Court reduces the total fee award by $6,011. Plaintiff occasionally bills communications or other tasks for multiple motions, such as several discovery motions. The Court does not find that these are inappropriate block billing.
The Court reduces the total fees by $15,739.00 ($9,728 [discovery] + $6,011 [conversations]), for an award of $49,632.50.
CONCLUSION
The Court grants Plaintiff’s Motion for Attorney’s Fee in the amount of $49,632.50.
Plaintiff to give notice.