Judge Daniel M. Crowley, Case Number: 21STCV39407, Date: 2025-01-09 Tentative Ruling

All parties are urged to meet and confer with all parties concerning this tentative ruling to see if they can reach an agreed-upon resolution of their matter.  If you are able to reach an agreement, please notify the courtroom staff in advance of the hearing if you wish to submit on the tentative ruling rather than argue the motion by notifying the court by e-mailing the court at: SMCDEPT71@lacourt.org. Do not click on the email address, either copy and paste it or type it into your email. Include the word "SUBMITS" in all caps and the Case Number in the Subject line. In the body of the email, please provide the date and time of the hearing, your name, your contact information, the party you represent, and whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, intervenor, or non-party, etc.

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Plaintiff Eileen Vines (“Vines”) (“Plaintiff”) moves for an order awarding her a total of $187,624.62 in attorneys’ fees, costs, and expenses against Defendant American Honda Motor Co. (“AHM”) (“Defendant”), consisting of (1) $127,759.50 in attorney fees for Strategic Legal Practices, APC (“SLP”); (2) a 1.35 multiplier enhancement on the attorney fees (or $44,715.83); (3) $10,149.29 in costs and expenses for SLP; and (4) an additional $5,000.00 for Plaintiff’s counsel to review Defendant’s Opposition, draft the Reply, and attend the hearing on this Motion (though counsel expects to incur over $5,000.00 in fees on these tasks). (Notice of Motion, pg. i; Civ. Code §§1794(d), 998.)

Plaintiff’s 10/1/24 request for judicial notice of Exhibits 1-22 is denied as irrelevant.

This is a lemon law action brought under the Song-Beverly Consumer Warranty Act (“SBA”). Plaintiff accepted Defendant’s C.C.P. §998 offer of compromise (“998 Offer”) on February 28, 2024, in the amount of $90,000.00 plus attorney’s fees, costs, and expenses by motion. (Decl. of Baker ¶85, Exh. 9 at pg. 2.)

On October 1, 2024, Plaintiff filed this motion for attorneys’ fees. On December 26, 2024, Defendant filed its opposition. On January 2, 2025, Plaintiff filed her reply.

On October 24, 2024, this Court denied the parties’ joint stipulation to set aside this Court’s dismissal of Plaintiff’s Complaint without prejudice on August 15, 2024, pursuant to C.C.P. §583.410 and CRC, Rule 3.1385(b).

This Court dismissed this matter, pursuant to C.C.P. §583.410 and CRC, Rule 3.1385(b). This Court did not dismiss this matter pursuant to C.C.P. §664.6 and did not retain jurisdiction over the parties to enforce their settlement. Therefore, this Court does not have jurisdiction over this matter and cannot rule on the instant motion.

Hon. Daniel M. Crowley

Judge of the Superior Court