Judge: Craig Griffin, Case: Randazzo v. Chadorbaf Sasan, Date: 2022-10-17 Tentative Ruling

The Motion for Attorney Fees filed by Plaintiff, Whitney C. Randazzo (“Plaintiff”) is GRANTED in part.

Plaintiff moves for an attorney’s fees award against Defendant, Chadorbaf Sasan dba Western Motors in the amount of $16,922.50 pursuant to Civil Code §1794(d), as the prevailing party at trial.

Civil Code §1794(d) of the Consumer Legal Remedies Act allows a prevailing buyer in an action under this section to recover, as part of the judgment, a sum equal to the aggregate amount of costs and expenses, including attorney’s fees “based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” The prevailing buyer seeking fees and costs under this section has the burden of showing they were reasonably necessary to the conduct of the litigation and reasonable in amount. (Nightingale v. Hyundai Motor America (1994) 31 Cal.App.4th 99, 104.)

The lodestar adjustment method applies to calculating attorney’s fees under this section. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 997). Lodestar is the number of hours reasonably expended multiplied by the reasonable hourly rate. (PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095) “The reasonable hourly rate is that prevailing in the community for similar work.” (Id.)

The Court has reviewed the entirety of the billing entries submitted by Plaintiff’s counsel and finds that there is no obvious evidence of attorney “padding,” overbilling, or duplicative billing by Plaintiff’s counsel. (Morris v. Hyundai Motor Am. (2019) 41 Cal. App. 5th 24, 38-39.) The hours expended appear to be reasonable and necessary for the resolution of this case. The one exception is an entry on 02/24/20 for $1,375 in fees for 2.5 hours of attorney time. The entry contains no details regarding the specific task completed, other than labeling the entry as “legal work product.” Thus, the Court is unable to determine if this entry is reasonable or if it is duplicative of other entries. The Court thus reduces the requested amount for this entry by half, or $687.50. Although some of the attorney hourly billing rates are high, they are not so unreasonable that the Court will reduce them.

Accordingly, the total attorney fees awarded in favor of Plaintiff and against Defendant, Chadorbaf Sasan dba Western Motors is $16,235. The Court declines to award a multiplier.

The Court notes that Plaintiff did not request costs in her motion and failed to file a Memorandum of Costs or any evidence supporting costs. Thus, the Court’s award is limited to the above fees award.

Plaintiff to give notice and file proposed judgment that includes the attorney fees.