Judge: Kevin C. Brazile, Case: 20STCV46886, Date: 2023-05-23 Tentative Ruling

Hearing Date: May 23, 2023

Case Name: Rocha v. General Motors LLC, et al.

Case No.: 19STCV35141

Matter: Motion for Attorneys’ Fees and Costs

Moving Party: Plaintiff Alejandro Rocha 

Responding Party: Defendant General Motors 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 Alejandro Rocha is the prevailing party entitled to seek fees and costs by motion.  (Civ. Code § 1794(d).)  Plaintiff now moves for “a modest multiplier of 1.2 for a total of $54,265.20. This amount plus the costs of $4,519.86 totals $58,785.06.”

The lodestar figure is premised on 112.2 hours at hourly rates of $295, $395, and $525.

Defendant General Motors LLC argues that the number of hours expended is excessive, no multiplier is warranted, and over half of the costs/expenses requested are not reasonable or compensable.

The Court has reviewed the billing records and will deduct $8,154.50 from the lodestar figure because excessive time was spent drafting the instant Motion/Reply, propounding and reviewing discovery, preparing for and drafting pleadings/motions, and communicating with the client or other parties.     

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 because Defendant’s objections are conclusory and without merit.  

In sum, the Court awards $37,066.50 in fees and $4,519.86 in costs/expenses.  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.