Judge: Kevin C. Brazile, Case: 19STCV33793, Date: 2023-01-09 Tentative Ruling

Hearing Date: January 9, 2023

Case Name: Toscano v. FCA US LLC, et al.

Case No.: 19STCV21373

Matter: Motion for Attorneys’ Fees 

Moving Party: Plaintiff Avisue Toscano 

Responding Party: Defendant FCA US LLC

Notice: OK

Ruling: The Motion is granted in part.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is a lemon law action.  The parties have settled this matter and have agreed that Plaintiff Avisue Toscano is the prevailing party entitled to seek fees and costs by motion.  (Civ. Code § 1794(d).)  Plaintiff now moves for “$138,300.00. Such amount consists of a) $53,320.00 in attorney fees for Consumer Law Experts, P.C.) a 1.50 multiplier enhancement (or $79,980.00) on the total attorneys’ fees; and c) an additional $5,000.00 for Plaintiff’s counsel to review Defendant’s Opposition, draft the Reply brief, and attend the hearing on this Motion . . . .”

Defendant FCA US LLC opposes the Motion, arguing (1) the number of hours billed is excessive; (2) counsel’s hourly rates are unreasonable; and (3) a negative multiplier is warranted.

Counsel’s hourly rates are as follows: (1) Joshua D. Fennell ($415/hr), (2) Matt Xie ($370/hr), (3) Long Cao ($325/hr), and (4) Benjeman Beck ($490/hr).  The Court finds that Plaintiff has sufficiently supported the reasonableness of such rates in this locality.  

The total number of hours expended is 143.66.  Defendant argues that (1) counsel erroneously billed at inflated rates; (2) counsel billed for a hearing that never took place; (3) email communications are excessively billed; (4) counsel billed attorney rates for paralegal tasks; (5) Defendant should not bear the costs associated with Plaintiff remedying his discovery responses; and (6) the hours billed for the instant Motion are excessive. 

The Court has reviewed the billing records and will deduct $11,736.50 for (1) Mr. Fennell occasionally billing at $460 per hour, when his declaration only supports an hourly rate of $415; (2) a nonexistent motion hearing on June 23, 2020; (3) excessive fees for the instant Motion; (4) excessive communication time; and (5) excessive discovery time. 

Similarly, the Court will not award the $5,000 requested to review the Opposition and draft the Reply; this is unreasonable. 

Finally, the Court declines to award any multiplier because, among other reasons, this was not a novel or complex matter.

In sum, the Court awards $41,583.50 in attorneys’ fees.  The Motion is granted in part.  The Request for Judicial Notice is denied.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.