Judge: Kevin C. Brazile, Case: 22STCV21378, Date: 2022-11-15 Tentative Ruling

Hearing Date: November 15, 2022

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

Case No.: 20STCV31507

Matter: Motion for Attorneys’ Fees and Costs

Moving Party: Plaintiffs Mireya Medina and Nayeli Medina

Responding Party: Defendant General Motors, LLC

Notice: OK

Ruling: The Motion is granted in part.

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 a lemon law action.  The parties have settled this matter and have agreed that Plaintiffs Mireya Medina and Nayeli Medina are the prevailing parties entitled to seek fees and costs by motion.  (Civ. Code § 1794(d).)  Plaintiffs now move for $52,957.50 in attorneys’ fees and $2,731.56 in costs.

Defendant General Motors, LLC primarily argues that the hours billed were excessive, particularly as Plaintiffs’ counsel heavily rely on templates.  

The lodestar figure is premised on 142.8 hours at hourly rates ranging from $250 to $600.

The Court has reviewed the billing records and will deduct $15,428 due to inappropriate time billed for pre-litigation activity, excessive time spent on discovery, excessive review time, excessive client communications, excessive travel time, and excessive time spent on drafting law and motion.  

With respect to costs, Defendant argues that Plaintiffs inappropriately request certain costs that have not yet been incurred or that were not reasonably incurred.  

The Court will deduct $847.88 as requested by Defendant because the reporter fee appears to be an estimate of future costs; further, the Court does not find the mileage/parking or messenger costs to be reasonable.  

In sum, the Court awards $37,529.50 in attorneys’ fees and $1,883.68 in costs.  The Motion is granted in part.

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.