Judge: Kevin C. Brazile, Case: 21STCV04623, Date: 2022-12-15 Tentative Ruling

Hearing Date: December 15, 2022

Case Name: Woods v. Related Management Company, L.P., et al.

Case No.: 20STCV35870

Matter: Motion for Attorneys’ Fees 

Moving Party: Plaintiffs Sherry Woods, Robert Chappell and Celia Clinton Lane

Responding Party: Defendant Related Management Company, L.P.

Notice: OK

Moving parties 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 an action relating to violations of the ICRAA that has been resolved via a 998 offer.  Plaintiffs Sherry Woods, Robert Chappell, and Celia Clinton Lane now move for attorneys’ fees pursuant to Civil Code § 1786.50(a)(2).  Plaintiffs seek $40,783.00 in fees and $685.54 in costs.

Defendant Related Management Company, L.P. argues that the Motion is premature because a judgment has not been entered.  However, “an offer to compromise which is accepted will result in the final disposition of the underlying lawsuit . . . .”  (Goodstein v. Bank of San Pedro (1994) 27 Cal.App.4th 899, 906.)

Defendant further argues that any fee award should be reduced because “Plaintiffs’ counsel (i) obtained a total award of $12,500.00, (ii) over litigated the case, (iii) was personally embroiled in the matter, (iv) is pursuing a fee request which is disproportionate to the recovery, and (v) conducted himself in an uncivil manner.”

The Court finds that Plaintiffs are prevailing parties entitled to fees under Civil Code § 1786.50(a)(2) because they obtained a net recovery against Defendant.  

As to the lodestar figure, Plaintiffs provide that “Plaintiffs’ counsel . . . expended a total of 59.9 hours on this case, and his paralegal has expended 11.2 hours” and that “Mr. Murphy’s hourly rate is . . .  $650 and his paralegal’s hourly rate is $165.”

The Court reduces counsel’s hourly rate to $550.  Further, the Court has reviewed the billing records and will only deduct 1.2 hours for non-compensable time spent on drafting client agreements.  

The Motion for Attorneys’ Fees is granted in part.  The Court awards $34,133 in fees and $685.54 in costs.  The objections are overruled.  The Request for Judicial Notice is denied.  

Moving parties 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.