Judge: Kevin C. Brazile, Case: BC480956, Date: 2024-06-11 Tentative Ruling

Hearing Date: June 11, 2024

Case Name: Juarez, et al. v. Nissan North America, Inc., et al.

Case No.: 23STCV03138

Matter: Motion for Attorneys’ Fees and Costs

Moving Party: Plaintiff Angel Ismael Juarez and Miguel Juarez

Responding Party: Defendants Nissan North America, Inc. and Wish Automotive, 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 matter.  The parties have settled this matter and have agreed that Plaintiffs Angel Ismael Juarez and Miguel Juarez are prevailing parties entitled to fees and costs.  (Civ. Code § 1794(d).)  Plaintiffs now seek $33,829.50 in attorneys’ fees and $1,329.33 in costs and expenses.

Defendants Nissan North America, Inc. and Wish Automotive, Inc. contend that (1) fees should not be awarded because Nissan made a reasonable repurchase offer before the suit was filed; (2) there are excessive billing entries pertaining to file review and client communications; and (3) counsel’s hourly rates are excessive.

Defendants’ first argument fails because they have not shown that their initial $3,885.27 offer encompassed all available relief such that pursuing litigation was totally unreasonable. 

Second, as the Court has stated in prior orders, the Court agrees that counsel’s rates are excessive.  The Court will reduce the hourly rate of Michael Saeedian from $695 to $500 and the rate of Christopher Urner from $525 to $400.

Third, the Court, in the exercise of its discretion, will reduce the resulting lodestar figure by 5%.

Finally, the amount of costs has not been contested, such that the Court will award the requested amount of $1,329.33.

In sum, the Motion is granted in part.  The Court awards $24,932.75 in fees and $1,329.33 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.