Judge: Kevin C. Brazile, Case: 22STCV38963, Date: 2023-06-21 Tentative Ruling

Hearing Date: December 19, 2023

Case Name: Shi v. Toyota Motor Sales, USA Inc., et al.

Case No.: 22STCV32953

Matter: Motion for Attorneys’ Fees and Costs

Moving Party: Plaintiff Qiong Shi

Responding Party: Defendant Toyota Motor Sales, USA Inc.

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 Qiong Shi is the prevailing party entitled to seek fees and costs by motion.  (Civ. Code § 1794(d).)  Plaintiff now moves for $31,592.50 in fees and $3,168.25 in costs.

The lodestar figure is premised on 63.4 hours and attorney rates of $695, $525, and $250.  

The Court will reduce the hourly rate of Michael Saeedian to $500, the rate of Christopher Urner to $400, and the rate of Jorge Acosta, a law clerk that passed the bar exam this year, to $175.

Additionally, the Court will deduct $4,425.50 for fees associated with the dealership in this matter that was dismissed.  It is not apparent why Defendant Toyota Motor Sales, USA Inc. would be liable for these fees or why Plaintiff is considered a prevailing party with respect to the dealer. 

With respect to costs, the Court deducts $916.99 for “other” costs that were not explained such that Defendant lacks the opportunity to assert a proper objection.

The Court will also deduct $645.48 for electronic service/filing because it is not apparent why this figure is so large.  

In sum, the Motion is granted in part as set forth herein.  Plaintiff is ordered to recalculate the total lodestar fee figure in this matter based on the deductions made above and submit a stipulated proposed order.  The Court awards $1,605.78 in costs.  

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.