Judge: Keri G. Katz, Case: 37-2020-00044520-CU-BC-CTL, Date: 2024-02-23 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 22, 2024

02/23/2024  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Keri Katz

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2020-00044520-CU-BC-CTL WILSON VS NISSAN NORTH AMERICA INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

The motion (ROA #s 64 and 66) of plaintiff VICTORIA WILSON for payment of attorneys' fees and reimbursement of costs and expenses is GRANTED IN PART in the total reasonable amount of $59,798.31. Civ. Code, § 1794(d) and Code Civ. Proc., §§ 1032 and 1033.5.

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

A 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 rates ($500/$525/$565) charged by partner attorney Aaron Fhima are reasonable and reflect fees charged within the legal community given counsel's experience and expertise. Also, the $200 hourly rate for paralegal time is reasonable. On the other hand, the hourly rates charged by associate attorneys Diamse ($425/$450) and Rascati ($400) are slightly higher than comparable rates within the legal community given their relative inexperience. These rates are reduced to $400 for Diamse and $375 for Rascati.

In addition, the Court finds that a multiplier is not appropriate. This action did not present novel or especially difficult issues. Also, there is no evidence that prosecuting this action precluded other employment by the attorneys.

Regarding whether the hours billed are excessive or unreasonable, the Court has carefully reviewed the time entries specified within 'Exhibit A' to the declaration of Mason T. Smith. For the most part these time entries are not excessive or unreasonable, and they do not constitute prohibited 'block billing.' The following time entries for attorney Diamse were slightly excessive and have been reduced, as follows: 11/1/22 entry reduced from 2.0 to 1.0 hours; 11/1/22 entry reduced from 2.6 to 1.5 hours; Calendar No.: Event ID:  TENTATIVE RULINGS

3034183 CASE NUMBER: CASE TITLE:  WILSON VS NISSAN NORTH AMERICA INC [IMAGED]  37-2020-00044520-CU-BC-CTL 11/8/22 entry reduced from 1.2 to 0.5 hours; 11/30/22 entry reduced from 4 to 2 hours; and 3/6/23 entry reduced from 3.4 to 2 hours This results in a total reduction of 6 hours.

In addition, the reasonable hours incurred reviewing the opposition to this motion, drafting a reply brief and attending this hearing total 5.5 hours.

The declaration of plaintiff's counsel does not reference or explain the time entry for Alexandria Pappas.

Thus, this amount is not awarded.

Finally, the opposition does not challenge the recovery of ordinary costs. The total amount of costs ($5,608.31) will be awarded.

Given the analysis set forth above, the total award for attorney fees and costs is calculated as follows (this calculation utilizes the hours for each attorney and the paralegal set forth within 'Exhibit B'): Attorney Fhima: 11.6 hours x $500/$525/$565 = $9,630.00 Attorney Diamse: 89 hours x $400 = $35,600.00 Attorney Rascati: 14.8 hours x $375 = $5,500.00 Paralegal: 6.3 hours x $200 = $1,260.00 Attorney Diamse (reply brief and attending hearing): 5.5 hours x $400 = $2,200.00 Ordinary Costs: $5,608.31 TOTAL: $59,798.31 Calendar No.: Event ID:  TENTATIVE RULINGS

3034183