Judge: James A. Mangione, Case: 37-2022-00035646-CU-BC-CTL, Date: 2024-04-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 11, 2024

04/12/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00035646-CU-BC-CTL CONARD VS HYUNDAI MOTOR AMERICA [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff's Motion for Attorney's Fees is granted in part.

Plaintiff's itemized billing statement contains 132 items. For ease of reference, the Court separates the items into four categories: (1) $4250 flat-rate pre-litigation fee (No. 1), (2) $5801.50 post-litigation fees prior to the first fee motion (Nos. 2-100), (3) $11,628 related to the first fee motion (Nos. 101-126) and (4) $9,075 related to the second fee motion (Nos. 127-132).

The Court denies fees for the first and fourth categories above. Fees are not recoverable for pre-litigation work, and the work related to the second fee motion was incurred because of Plaintiff's chosen block billing format.

As to the second category, the Court finds that Item Nos. 2, 8, 10, 12-13, 18, 21, 55, 62, 65, 85-86, 88-90, 95-96 and 98 are purely clerical/housekeeping work for which Plaintiff is not entitled to fees.

Therefore, the Court awards attorney's fees of $4,844 for category 2.

As to the third category, the Court finds that Item Nos. 109-113, 117-118 and 124 are purely clerical tasks for which Plaintiff is not entitled to attorney's fees. Additionally, the Court finds that 5.9 hours to review billing slips, create a settlement timeline and draft a declaration is excessive (Item Nos. 101-104).

The Court reduces this amount to 2.9 hours. The Court also finds that 5.6 hours drafting the reply is excessive and reduces this amount to 3.5 hours. Therefore, the Court awards attorney's fees of $8,005 for category 3.

In sum, Plaintiff is awarded attorney's fees of $12,849 and costs of $793.08, to be paid within forty-five (45) days.

The minute order is the order of the Court.

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