Judge: Daniel S. Murphy, Case: 22STCV20542, Date: 2023-09-01 Tentative Ruling

Case Number: 22STCV20542    Hearing Date: September 1, 2023    Dept: 32

BACKGROUND

            Plaintiff Nathan Ramesh Davit (“Plaintiff”) commenced this action against Defendants Mercedes-Benz USA, LLC (“Mercedes”) on June 23, 2022.   Plaintiff asserts causes of action under the Song-Beverly Act. 

The Complaint alleges in pertinent part as follows: On July 13, 2015, Plaintiff purchased a new 2021 Mercedes S580 (“Vehicle”) manufactured by Mercedes.  During the warranty period the vehicle developed defects.

LEGAL STANDARD

Attorney’s fees are mandatory to the prevailing plaintiff under the Song-Beverly Act.   (Kim v.Euromotors West/The Auto Gallery (2007) 149 Cal.App.4th 170, 178; Drouin v. Fleetwood Enterprises (1985) 163 Cal.App.3d 486, 493. Pursuant to California Civil Code, Section 1780(e) : “[t]he court shall award court costs and attorney’s fees to a prevailing plaintiff in litigation filed pursuant to this section.” A prevailing plaintiff is someone who has obtained a net monetary recovery on a Song-Beverly Act.  (Graciano v. Robinson Ford Sales, Inc. (2006) 144 Cal.App.4th 140, 150.)

 “The 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.)  If the motion is supported by evidence, the opposing party must respond with specific evidence showing that the fees are unreasonable.  (Premier Med. Mgmt. Sys. v. California Ins. Guarantee Ass’n (2008) 163 Cal.App.4th 550, 560-63.)  The Court has discretion to reduce fees that result from inefficient or duplicative use of time.  (Horsford, supra, 132 Cal.App.4th at 395.) 

In determining a reasonable attorney fee, the trial court begins with the lodestar, i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate.  (Warren v. Kia Motors America, Inc. (2018) 30 Cal.App.5th 24, 36.)  The lodestar may then be adjusted based on factors specific to the case in order to fix the fee at the fair market value of the legal services provided.  (Ibid.)  These facts include (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.  (Ibid.)

ANALYSIS

            Plaintiff moves for an award of attorney fees in the amount of $18,891.50 and costs in the amount of $790.65.

            A. Entitlement to Attorney Fees

Pursuant to a 998 offer to compromise, Mercedes agreed to pay Plaintiff $151,403.08, with attorney fees, costs, and expenses by motion to the court.   Plaintiff accepted this offer.  As such, Plaintiff is the prevailing party in this action, and as prevailing party in this action, Plaintiff is entitled to a reasonable amount of attorney fees. The issue to be addressed is the reasonableness of the requested amount of attorney fees, costs, and expenses.

B. Reasonableness of Fees

1. Reasonable Hourly Rates

The hourly rates claimed by Plaintiff’s attorneys and paralegals between $250.00 and $575.00 per hour.

“In determining hourly rates, the court must look to the ‘prevailing market rates in the relevant community.’”  (Heritage Pacific Financial, LLC v. Monroy (2013) 215 Cal.App.4th 972, 100.)  In making this determination, “[t]he court may rely on its own knowledge and familiarity with the legal market.”  (Ibid.) 

The Court finds that Steven Berkowitz’ hourly rate of $260.00 per hour is the reasonable hourly rate in this case.  The Court finds that James Stone’s reasonable hourly rate in this case is $150.00 per hour.    The Court finds that David Alan Cooper and Robert Mobasseri’ reasonable hourly rate in this case is $500.00 per hour. 

2. Hours Reasonably Expended

The total number of billable hours claimed by Plaintiff’s attorneys and paralegals was 50.40 hours.

            Mercedes claims that the number of hours billed is unreasonable. 

The Court finds that the reasonable hours spent by Plaintiff’s attorney Steven Berkowitz in this matter are 11.40 hours. The Court finds that the reasonable hours spent by Plaintiff’s paralegal James Stone are 18 hours.  The Court finds that the reasonable hours spent by Plaintiff’s attorneys David Alan Cooper and Robert Mobasseri in this matter are 19 hours.

In making this determination, the court found that plaintiff’s counsel inappropriately billed for some clerical tasks and that some of the billing was excessive, especially for attorneys as experienced as plaintiff’s counsel. While plaintiff has the right to have multiple attorneys, the court finds that some of the attorneys’ work was duplicative and redundant. 

C. Multiplier

Plaintiff did not request a lodestar multiplier enhancement.  Defendant did not request a negative lodestar multiplier.

 The Court finds that an upward adjustment to the lodestar is not warranted in this action. This was a straightforward lemon law case.  There is no evidence that Plaintiff’s counsel was precluded from taking other cases. A downward adjustment to the lodestar is not warranted either as Plaintiff’s counsel took this case on a contingency.

D. Entitlement and Reasonableness of Costs

Plaintiff requests a total of $790.65 in costs and expenses.  Defendant objects to an award of costs. 

The court finds that Plaintiff is entitled to an award of $790.65 in costs.

D. Conclusion

Based on the foregoing reasons, Plaintiff’s motion for attorney fees is GRANTED.  The Court awards $14,464.00 in attorney fees ($2,964.00 Steven Berkowitz; $2500.00 James Stone, and $9,000 David Alan Cooper and Robert Mobasseri) and $790.65 in costs and expenses.