Judge: James A. Mangione, Case: 37-2023-00023034-CU-BC-CTL, Date: 2024-04-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 25, 2024

04/26/2024  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) 37-2023-00023034-CU-BC-CTL ACOSTA VS TOYOTA MOTOR SALES USA INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

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

The parties do not dispute that Plaintiff was the prevailing party in this case and is entitled to attorney's fees. Instead, Defendant challenges Plaintiff's $650 hourly rate as unreasonable, argues that the billing invoice is block billed and inflated and asserts that a multiplier is not warranted.

Based on the requested hourly rates in the numerous other Song-Beverly attorney fee motions the Court has reviewed, the Court agrees that $650 per hour is excessive. Therefore, the Court reduces Counsel's hourly rate to $450.

As to the hours billed, Defendant identifies thirteen billing entries that it asserts are inflated. Excepting the October 26, 2024 (presumably meant to be 2023) entry, the Court agrees that the hours billed are excessive. The Court finds that, based on the relative simplicity of this case and lack of motion/discovery work, 24.7 hours is reasonable.

Finally, the Court grants Plaintiff's request for a 1.25 multiplier.

Plaintiff is awarded $13,893.75 in attorney's fees and $649 in costs, for a total award of $14,542.75.

Payment is due within forty-five (45) days.

The minute order is the order of the Court.

Calendar No.: Event ID:  TENTATIVE RULINGS

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