Judge Lynne M. Hobbs, Case Number: 24STCV11513, Date: 2025-04-01 Tentative Ruling

Judge: Lynne M. Hobbs, Case: 24STCV11513, Date: 2025-04-01 Tentative Ruling

Case Number: 24STCV11513 Hearing Date: April 1, 2025 Dept: 61

TIFFANY CHOI vs KIA AMERICA, INC.

Tentative:

Plaintiff tiffany Choi’s Motion for Attorney Fees is GRANTED in the amount of $29,467.19.

Moving party to give notice.

Analysis:

I. MOTION FOR ATTORNEY FEES

Parties to litigation must generally bear their own attorney’s fees, unless they otherwise agree. (Code Civ. Proc. § 1021.) However, the Song-Beverly Act provides for the award of attorneys’ fees to prevailing plaintiffs as follows:

If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action. (Civ. Code § 1794, subd. (d).) “It is well established that the determination of what constitutes reasonable attorney fees is committed to the discretion of the trial court, whose decision cannot be reversed in the absence of an abuse of discretion.” (Melnyk v. Robledo (1976) 64 Cal.App.3d 618, 623.) In exercising its discretion, the court should consider a number of factors, including the nature of the litigation, its difficulty, the amount involved, the skill required in handling the matter, the attention given, the success or failure, and the resulting judgment. (See id.)

In determining the proper amount of fees to award, courts use the lodestar method. The lodestar figure is calculated by multiplying the total number of reasonable hours expended by the reasonable hourly rate. “Fundamental to its determination . . . [is] a careful compilation of the time spent and reasonable hourly compensation of each attorney . . . in the presentation of the case.” (Serrano v. Priest (1977) 20 Cal.3d 25, 48 (Serrano III).) A reasonable hourly rate must reflect the skill and experience of the attorney. (Id. at p. 49.) “Prevailing parties are compensated for hours reasonably spent on fee-related issues. A fee request that appears unreasonably inflated is a special circumstance permitting the trial court to reduce the award or deny one altogether.” (Serrano v. Unruh (1982) 32 Cal.3d 621, 635 (Serrano IV).) The Court in Serrano IV also stated that fees associated with preparing the motion to recover attorneys’ fees are recoverable. (See id. at p. 624.)

Plaintiff Tiffany Choi (Plaintiff) seeks a total of $61,783.19 in fees and costs, following a settlement with Defendant Kia America, Inc. (Defendant). Plaintiff breaks down this amount into a lodestar of $26,430.00, representing 40.6 hours of attorney work at $600 per hour, plus 2.3 hours of attorney work at $900 per hour. (Banayan Decl. ¶ 7.) Added to this is $637.19 in costs and expenses. Banayan Decl. Exh. C.) Plaintiff also seeks a 1.2 multiplier on the lodestar, for an additional $31,716.00, based on the contingency basis of Plaintiff’s representation in this matter. (Motion at pp. 7–8.) Plaintiff finally seeks the fees associated with bringing the present motion, representing five hours of attorney work at $600 per hour. (Motion at p. 2; Banayan Decl. ¶ 30.)

Plaintiff has demonstrated entitlement to the lodestar amount sought. Plaintiff’s request for $26,430.00 is supported by the declaration of counsel and attached billing records verifying the work performed. (Banayan Decl. Exh. B.) These records reveal time spent corresponding with the client, researching the case, preparing and responding to discovery, and exchanging settlement offers with Defendant. (Ibid.) The lodestar request is reasonable. The hourly rates identified are supported by counsel’s declaration as to their qualifications and experience. (Banayan Decl. ¶¶ 10–19.)

In addition to this lodestar, Plaintiff is entitled to $2,400.00, representing the four hours at $600 per hour spent preparing the present motion. (Banayan Decl. ¶ 30.) No opposition to the motion has been filed.

But no lodestar multiplier is appropriate in this matter. “Once the court has fixed the lodestar, it may increase or decrease that amount by applying a positive or negative ‘multiplier’ to take into account a variety of other factors, including the quality of the representation, the novelty and complexity of the issues, the results obtained, and the contingent risk presented.” (Thayer v. Wells Fargo Bank., N.A. (2001) 92 Cal.App.4th 819, 833.) Although Plaintiffs’ attorneys have obtained favorable results for their client on an expectation only of contingency, the subject matter of this case was not so complex as to warrant recovery of fees beyond the reasonable hourly rates charged.

And Plaintiff’s request for $637.19 in costs and expenses as prevailing party is likewise supported by the declaration of counsel and supporting exhibits. (Banayan Decl. Exh. C.)

Accordingly, the motion is GRANTED in the lodestar amount of 26,430.00, plus $2,400.00 in connection with the present motion, and plus $637.19 in costs and expenses, for a total of $29,467.19.