Judge: Joel R Wohlfeil, Case: 37-2023-00018382-CU-BC-CTL, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 15, 2024

04/19/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2023-00018382-CU-BC-CTL SHULTS VS JAGUAR LAND ROVER OF NORTH AMERICA LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Attorney Fees, 03/28/2024

The Motion (ROA # 22) of Plaintiff TREVOR ALLEN SHULTS ('Plaintiff') for award of attorney's fees and costs, is GRANTED in the total reasonable amount of $23,327.11. Civ. Code 1794(d) and Code Civ.

Proc. 1032 and 1033.5.

It is undisputed that Plaintiff is the prevailing party, as per the settlement between the parties.

The Court assessing attorney fees begins with a touchstone or lodestar figure, based on the careful compilation of the time spent and reasonable hourly compensation of each attorney involved in the presentation of the case. Ketchum v. Moses (2001) 24 Cal. 4th 1122, 1131, 1132.

'Reasonable' compensation means trial courts must carefully review attorney documentation of hours expended: padding in the form of inefficient or duplicative efforts is not subject to compensation. Id. at 1132.

Though the lodestar is the basic fee for comparable legal services in the community, it may be adjusted (a 'multiplier') by the court based on various factors. Id. These factors include: (1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, and (4) the contingent nature of the fee award. Id. In this case, the hourly rate of $600 charged by attorney Hanson, and the hourly paralegal rates are reasonable and reflect fees charged within the legal community given counsel's experience and expertise.

In addition, the Court has reviewed the time entries listed within 'Exhibit 2' to the declaration of John W.

Hanson. These time entries are not excessive or unreasonable, and the total amount is commensurate with the age and complexity of this legal action. No multiplier was included in the attorney fee calculation.

The actual and estimated time expended with respect to this Motion is reasonable. The Court is disinclined to award additional fees based on new evidence submitted with the reply brief.

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