Judge: Kevin C. Brazile, Case: 20STCV38151, Date: 2022-10-03 Tentative Ruling

Hearing Date: October 3, 2022

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

Case No.: 18STCV01215

Matter: Motion for Attorneys’ Fees and Costs

Moving Party: Plaintiff David Kamrava 

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 David Kamrava is the prevailing party entitled to seek fees and costs by motion.  (Civ. Code § 1794(d).)  Plaintiff now moves for “$126,873.02. This amount consists of (1) $59,506.00 in attorney fees for Strategic Legal Practices, APC (‘SLP’); (2) $27,027.50 in attorney fees for Benchmark Legal; (3) a 1.35 multiplier enhancement on the attorney fees (or $30,286.73); (4) $5,761.85 in costs and expenses for SLP; (5) $790.94 in costs and expenses for Benchmark Legal; and (6) an additional $3,500.00 for Plaintiff’s counsel to review Defendant’s Opposition, draft the Reply, and attend the hearing on this Motion . . . .”

The lodestar figure for SLP is premised on 138.20 hours of work and hourly rates as follows: “(1) Christine Haw (2021 rate of $410.00); (2) Debora Rabieian (2021 rate of $395.00); (3) David Rodriguez (2021 rate of $620.00); (4) Dhara Patel (2022 rate of $335.00); (5) Greg Sogoyan (2021 rate of $395.00); (6) Harjap Singh Malik (2021 rate of $350.00); (7) Jason Clark (2022 rate of $565.00); (8) Karen Wallace (2019 rate of 425.00 and 2020 rate of 450.00); (9) Mark Gibson (2020 rate of $450.00); and (10) Tina Abdolhosseini (2021 rate of 415.00).”

Defendant FCA US LLC argues that SLP’s fee request is excessive.  Specifically, Defendant contends that (1) there is no evidence to support the hourly rates requested; (2) the time billed is excessive given that SLP relies on templates; (3) $8,348 for Plaintiff’s motion to compel PMQ deposition was unreasonable given that the Court stated in an IDC that Plaintiff failed to meet and confer; (4) the Court has already compensated Plaintiff via sanctions with regard to opposing Defendant’s motion to compel; and (5) no multiplier is warranted.

The Court has reviewed SLP’s billing records and will make the following deductions: (a) David Rodriguez’s hourly rate is reduced from $625 to $550 (total deduction of $882); (b) $3,335 for opposing Defendant’s motion to compel as to which Plaintiff already received reasonable sanctions in the amount of $1,185; (c) $13,313 for excessive communications, case review, and discovery time; and (d) $3,500 for anticipated additional time for this Motion.  That is, the Court awards SLP $38,476.

Defendant also argues that Benchmark Legal’s fees are excessive, particularly as there was no reason for Benchmark to associate as counsel and waste time coming up to speed; Benchmark used templates; and pre-representation fees are not recoverable.

Benchmark billed 47.5 hours.  The Court has reviewed Benchmark’s billing and will deduct $2,145 for work done before retaining the client; $550 for excessive time drafting the Complaint; $1,725 for excessive communications; and $1,100 for excessive time spent on discovery.  That is, the Court awards Benchmark $21,507.50

Further, the Court will not award any multiplier because this was not a novel or complex matter.  

Finally, the Court will award the full costs/expenses requested as no objections were raised by Defendant on this point.

In sum, the Court awards $38,476 in fees to SLP,  $21,507.50 in fees to Benchmark, and all requested costs.  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.