Judge: Elaine W. Mandel, Case: 22SMCV01661, Date: 2024-12-02 Tentative Ruling

Case Number: 22SMCV01661    Hearing Date: December 2, 2024    Dept: P

Tentative Ruling

Ferguson v. Volkswagen Group of America, Case no. 22SMCV01661

Hearing date December 2, 2024

Plaintiff’s Motion for Attorney’s Fees

Plaintiff sued defendants under the Song-Beverly Consumer Warranty Act. The parties settled 4/18/24; plaintiff seeks fees and costs of $85,622.88, per the settlement agreement. The motion is not opposed.

Plaintiff’s request for judicial notice of 20 orders and rulings in unrelated Song-Beverly cases is granted, as they are court records. However, orders in unrelated matters are irrelevant to the ruling here.

Plaintiff offers declarations of counsel Shahian and Baker in support of the request for 111.90 hours of attorney and law clerk work, totaling $55,543, plus $7,139.83 in costs. Shahnian decl. Plaintiff provides an itemized billing summary. Id. The hours requested are reasonable, as are the fees.

Plaintiff requests a 1.35 multiplier, totaling $19,440.05, arguing counsel accepted risk by taking the case on a contingency fee basis. It is common for Song-Beverly matters to be accepted on a contingency fee basis. Further, this case was not heavily litigated; plaintiff’s counsel took one deposition, defended one deposition, opposed a summary judgment motion and prepared pretrial documents. There is no indication any issues presented were unusual for plaintiff’s counsel, which handles many similar matters. There is no basis for the court to grant a modifier.

Plaintiff requests $3,500 for reviewing the opposition, drafting a reply and appearing at the hearing. As the motion is unopposed, the court grants an additional $500 for appearance at the hearing. The motion is GRANTED as stated; plaintiff may submit an order for the court’s signature.