Judge: Malcolm Mackey, Case: 20STCV36820, Date: 2023-03-23 Tentative Ruling

Case Number: 20STCV36820    Hearing Date: March 23, 2023    Dept: 55

SOBERANIS v. DOUBLE HI EXPRESS TOURS, INC.                         20STCV36820

Hearing Date:  3/23/23,  Dept. 55

#6:   MOTION FOR STATUTORY ATTORNEY’S FEES IN THE AMOUNT OF $110,069.80.

Notice:  okay

No Opposition

MP:  Plaintiff

RP:  

Summary

On 11/23/20, Plaintiff RAUL SOBERANIS filed a First Amended Complaint, alleging that employer defendants wrongfully terminated his employment as safety manager, based on disabilities and medical leave, and committed some wage-and-hour violations, such as disallowed breaks and nonpayment of wages.

The causes of action are:

1. DISCRIMINATION IN VIOLATION OF GOV’T CODE §§12940 ET SEQ.;

2. RETALIATION IN VIOLATION OF GOV’T CODE §§12940 ET SEQ.;

3. FAILURE TO PREVENT DISCRIMINATION AND RETALIATION IN VIOLATION OF GOV’T CODE §12940(k);

4. FAILURE TO PROVIDE REASONABLE ACCOMMODATIONS IN VIOLATION OF GOV’T CODE §§12940 ET SEQ.;

5. FAILURE TO ENGAGE IN A GOOD FAITH INTERACTIVE PROCESS IN VIOLATION OF GOV’T CODE §§12940 ET SEQ.;

6. VIOLATION OF CALIFORNIA FAMILY RIGHTS ACT, GOV’T CODE §§12945.2 ET. SEQ.;

7. FOR DECLARATORY JUDGMENT;

8. WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY;

9. RETALIATION (LABOR CODE §98.6);

10. DENIAL OF AND DISCRIMINATION BASED UPON THE USE OF SICK LEAVE (LABOR CODE §§ 233, 234, AND 246.5);

11. RETALIATION FOR DISCLOSING VIOLATIONS OF LAW (LABOR CODE §§ 1102.5, 1102.6);

12. FAILURE TO PAY WAGES (CAL. LABOR CODE §§201, 1182.12, 1194, 1194.2);

13. FAILURE TO PAY OVERTIME COMPENSATION (CAL. LABOR CODE §§510, 1194);

14. FAILURE TO PROVIDE MEAL AND REST PERIODS (LAB. CODE §§226.7, 512);

15. FAILURE TO PROVIDE ITEMIZED WAGE STATEMENTS (CAL. LABOR CODE §§226 ET SEQ.);

16. WAITING TIME PENALTIES (CAL. LABOR CODE §§201-203.

On 10/27/22, the Court filed a Judgment for Plaintiff in the amount of $56,080.00.

MP Positions

Moving party requests an order awarding attorney’s fees and costs in the total amount of $143,090.74, against defendants DOUBLE HI EXPRESS TOURS, INC., M COACH, INC., and HAI JIE WONG, on bases including the following:

·         As to FEHA claims, Government Code section 12965(c) states that the Court may award to the prevailing party “reasonable attorney’s fees and costs.”

·         Exhibit 1 to the Declaration of Carina Miller in support of the motion are a list of tasks completed, the time spent on those tasks, and the resulting attorney’s fees associated with those tasks, which was used in calculating the lodestar amount of fees owed to Plaintiff’s counsel.

·         There are no special circumstances that would warrant a reduction of Plaintiff’s requested award of attorney’s fees or would render it unjust or inappropriate.

·         The hourly rates reasonably ranged from $175 to $850 per hour.

·         A 1.3 multiplier should be awarded.  Because the risk of non-payment is so great, the courts have routinely applied a contingent risk multiplier in order to attract attorneys to cases of significant societal importance and to compensate them for the risk of loss generally present in contingency cases as a class. Beasley v. Wells Fargo Bank, 235 Cal. App. 3d 1407, 1419 (1991).

Tentative Ruling

The motion is granted in the reduced amount of $56,080.00.  No multiplier.