Judge: Kevin C. Brazile, Case: 21STCV19931, Date: 2022-08-08 Tentative Ruling

Hearing Date: August 8, 2022

Case Name: Gardner v. Abode Communities, et al.

Case No.: 20STCV37597

Matter: Motion for Attorneys’ Fees and Costs

Moving Party: Plaintiff Tierra Gardner

Responding Party: Defendant Abode Communities 

Notice: OK

Ruling: The Motion for Attorneys’ Fees and Costs 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. 

On July 15, 2022, the Court entered judgment in the amount of $10,500 in favor of Plaintiff Tierra Gardner and against Defendant Abode Communities for violation of the ICRAA.  The judgment also specified that Plaintiff was entitled to fees and costs under the ICRAA.

Plaintiff now seeks $24,115 in attorneys’ fees and $789.18 in costs.  The fee request consists of “(1) Plaintiff’s attorney fees incurred through the Defendant’s acceptance of Plaintiff’s offer to compromise under Code of Civil Procedure section 998 on May 12, 2022 ($13,975.00), times a requested multiplier of 1.4 ($5,590.00), plus (2) Plaintiff’s post-998 attorney’s fees ($4,550.00), for a total of $24,115.00.”

Defendant argues that (1) counsel’s hourly rate should be reduced from $650 to $425; (2) the amount of the judgment should be considered; and (3) no multiplier is warranted.  

The Court agrees that counsel’s hourly rate is excessive; counsel’s rate will be reduced to $500.  Further, no multiplier is warranted as this was not a novel or complex matter.  

Thus, the Court awards $14,250 in fees and $789.18 in costs.  The Motion is granted in part.  The objections are overruled.

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.