Superior Court of California 

County of Los Angeles – West District 

Beverly Hills Courthouse / Department 200 

 

 

MOVING PARTY: Defendant Jason Grainger  

 

RESPONDING PARTY: Plaintiff Jane Doe 

 

BACKGROUND 

This is an action for sexual assault and battery.  Plaintiff Jane Doe alleges Defendant Jason Grainger followed her home from a restaurant and sexually assaulted her.  Defendant contends that any contact between the parties was consensual.  The Complaint alleges seven causes of action for (1) assault, (2) battery, (3) sexual battery, (4) denial of civil rights, (5) gender violence, (6) false imprisonment and (7) intentional infliction of emotional distress.  

Trial was held.  The jury deliberated and found Defendant liable for battery, assault, sexual battery and gender violence.  The jury awarded Plaintiff past non-economic losses of $500,000 and future noneconomic losses of $1 million, for a total award of $1.5 million.   

This hearing is on Plaintiff’s motion for attorneys’ fees.  Plaintiff argues she is entitled to attorneys’ fees because she prevailed on her claim for gender violence, and pursuant to Civil Code § 52.4, the prevailing plaintiff on an action for gender violence may be awarded attorneys’ fees and costs.  Plaintiff seeks $411,225.00 in attorneys’ fees.  No opposition was filed as of the posting of this tentative ruling.   

DISCUSSION 

Plaintiff seeks attorneys’ fees pursuant to Civ. Code §52.4 which provides that a prevailing plaintiff on a claim for gender violence “may also be awarded attorney’s fees and costs.”  As the jury found in favor of Plaintiff on her claim for gender violence, she is the prevailing party and is entitled to an award of attorneys’ fees.   

Statutory attorneys’ fees are ordinarily determined by the Court pursuant to the “lodestar approach.”  (Meister v. Regents of Univ. of Calif. (1998) 67 Cal.App.4th 437, 448-449 (lodestar method applies to statutory attorney fees award unless underlying statute provides for another method of calculation).)   

Under this approach, fees are based on reasonable time spent multiplied by a reasonable hourly rate.  (PLCM Group Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095.)  Here, there are four attorneys seeking fees.  Philip Cohen has over 30 years’ experience and states that he bills at an hourly rate of $750.  Robin Sax has over 25 years’ experience and bills at an hourly rate of $600.  Thomas Ferlauto has over 30 years’ experience and bills at an hourly rate of $500.  And Monica Ramallo-Young has over 20 years’ experience and bills at an hourly rate of $300.  The Court concludes these rates are reasonable in light of prevailing rates for attorneys with similar experience in Southern California, with the exception of the rates identified by Mr. Cohen. The Court finds his reasonable rate to $600 per hour. 

   

As to hours spent, Cohen spent 181 hours, Sax 157.5 hours, Ferlauto 253.5 hours and Ramallo-Young 180.75 hours.  The hours are indicated by billing records.  The Court concludes the hours spent are largely reasonable given the contentious nature of the case involving dispositive motions and several discovery and pre-trial motions culminating in a seven day jury trial. The Court does, however, find it reasonable to reduce the reported billed hours as follows: The time attributable to Mr. Cohen is reduced by 12 hours due to excessive travel time and time unnecessarily duplicative of work by co-counsel. The time attributable to Mr. Ferlauto by 28 hours due to billed hours unnecessarily duplicative of co-counsel's work and unnecessary billed communications with co-counsel.  The time attributable to Ms. Sax is reduced by 5 hours due to vague descriptions of various billing entries, particularly calls and conferences with unknown persons identified only by first names.  

CONCLUSION 

Based on the foregoing, the Court GRANTS Plaintiff’s motion for attorneys’ fees as follows:  The Court awards Plaintiff attorneys’ fees in the reduced amount of $358,675 against Defendant Jason Grainger.      

 

IT IS SO ORDERED. 

 

DATED: November 17, 2023 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court