Judge Martha K. Gooding, Case 22-01262239 2023-07-31 Tentative Ruling

Judge: Martha K. Gooding, Case: 22-01262239, Date: 2023-07-31 Tentative Ruling

1) Motion for Attorney Fees

2) Motion to Tax Costs

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

The Motion by Plaintiff Steven Wang (“Plaintiff”) for an award of Attorney’s Fees and Costs pursuant to Civil Code section 1794(d) is GRANTED IN PART, and the Motion by Defendant Mercedes-Benz USA, LLC (“Defendant”) to tax costs is GRANTED IN PART and DENIED IN PART. The Court awards fees and costs in a significantly lesser amount than the $161,997.05 total requested.

Civil Code section 1794(d) provides: “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.”

The Court finds that $625 per hour for Mr. Block’s time is not unreasonable, given his level of experience and expertise, although the Court would expect that Mr. Block’s experience (and high hourly rate) would result in substantial efficiencies in litigating the case. However, based on the Court’s own detailed review of the supporting papers submitted by Plaintiff and Defendant’s opposition to them, as well as the Court’s familiarity with the nature of the case and the issues presented, the Court finds that the hours billed by Plaintiff’s counsel are, in some respects, not reasonable, e.g., because they reflect duplication, inefficiencies, and/or padding. The Court has made appropriate adjustments in the amount of the fee award to account for the unreasonable portions of the amounts billed.

The Court concludes that the reasonable fees incurred by Plaintiff’s counsel for prosecuting this action are $87,616.

As for costs: The Court finds Plaintiff has proffered adequate support for an award of $8,261.90 in costs and expenses. Plaintiff did not show the entire amount invoiced by his expert is reasonable or necessary to this litigation. Plaintiff’s filing and service fees related to the 2019 action are not recoverable in this action. The $400 estimated cost for a court reporter is not included in this amount because no hearing has been conducted.

Plaintiff is ordered to give notice.