Judge: James A. Mangione, Case: 37-2020-00032541-CU-BT-CTL, Date: 2024-03-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 21, 2024

03/22/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Business Tort Motion Hearing (Civil) 37-2020-00032541-CU-BT-CTL THE REGENTS OF THE UNIVERSITY OF CALIFORNIA VS MURPHY [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Kevin Murphy's Motion for Attorney's Fees is granted.

The Lodestar A prevailing plaintiff is entitled to all reasonable attorney's fees for the work devoted in a retaliation case brought pursuant to Government Code section 8547.10(c).

Given the substantial complexity of this case, attorney hours of 2449.15 were properly detailed by counsel and are reasonable. The Regents argue that some of the hours appear to relate to the Lead Case, however, there was considerable crossover between the present matter and the Lead Case justifying those hours requested. The Court also found it significant that Dr. Murphy is not claiming the costs for paralegals and legal assistants which are routinely requested in attorney's fees motions. Since the hourly rates were not contested, the Court holds that fees of $1,947,580 is a proper loadstar amount.

The Multiplier Ketchum v. Moses (2001) 24 Cal. 4th 1122, 1138 provides: '[T]he unadorned loadstar reflects the general local hourly rate for a fee-bearing case; it does not include any compensation for contingent risk, extraordinary skill, or any other factor a trial court may consider . . . .' Those factors include, the contingent risk assumed, the delay in payment, public policy considerations, the substantial outlay of costs (in this case over $409,000), the preclusion of other work, and, of course, the results obtained. (Id.) As carefully outlined and persuasively argued in the present motion, all these factors militate in favor of Dr. Murphy.

In arriving at this decision, the Court considered the status of the Regents as a public entity, however, if the Legislation sought to cap attorney fees at the lodestar amount without contemplating a multiplier, that desired result would be explicitly stated in section 8547.10. It is not.

Based upon the forgoing, the Court holds that a multiplier of 1.5 is appropriate. Attorney's fees are therefore granted is amount of $2,921,370, to be paid within sixty (60) days.

The minute order is the order of the Court.

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