Judge: Martha K. Gooding, Case: 2020-01148067, Date: 2022-10-10 Tentative Ruling

1) Motion for Attorney Fees

2) Order to Show Cause re: Dismissal on Settled Case

Plaintiff Agustin Garcia’s motion for attorney fees against Defendant General Motors, LLC (“Defendant”) is GRANTED in the amount of $27,493.00. The Court also awards costs in the amount of $1,228.71.  

The parties executed the settlement agreement on 2/15/22.  The agreement provided that GM would pay $70,000 in exchange for surrender of the vehicle, with attorney fees and costs to be decided by motion.

Defendant’s argument that the motion is untimely is not persuasive. 

CRC Rule 3.1702(b)(1) provides that a motion for attorney fees “must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case . . . .”  Under Rule 8.104(a)(1), the deadline is 60 days after notice of entry of judgment, or 180 days after entry of judgment, whichever is first.

Here, there has been no judgment or dismissal.  None of the cases cited is directly on point, i.e., they don’t involve a motion for attorney fees filed more than 120 days after the settlement was executed.  The parties did not reference any provision in their settlement agreement regarding the timing of the fee motion.

It is within the court’s discretion to decide which of the hours expended by the attorneys were “reasonably spent” on the litigation. (Meister v. Regents of University of California (1998) 67 Cal.App.4th 437, 449.) Additionally, a trial court has broad discretion to determine the amount of reasonable attorney’s fees, as an experienced trial judge is in the best position to decide [the] value of professional services rendered in court. (PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095.)

The Court finds that $27,493.00 is the reasonable amount of attorney fees incurred in this matter and awards this amount.   Among other things, the Court finds it was unreasonable and inefficient to have six attorneys billing time to this matter.

The Court reduced the amounts requested because, in some instances, the amounts billed and requested were excessive, duplicative, or otherwise not reasonably incurred. 

The Court awards Plaintiff costs in the amount of $1,228.71.

Plaintiff shall give notice.