Judge: Matthew C. Braner, Case: 37-2022-00013971-CU-BC-CTL, Date: 2024-06-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 27, 2024

06/28/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00013971-CU-BC-CTL GUZMAN VS GENERAL MOTORS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Marcelo Guzman's motion for attorney fees, costs, and expenses is GRANTED.

Discussion Plaintiff moves for an award of attorneys' fees under Civil Code section 1794. (Civ. Code, § 1794, subd.

(d) ['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.'].) Plaintiff seeks a fee lodestar in the amount of $24,818 in fees and costs in the amount of $1,213.64, for a total request of $26,031.64 in fees and costs.

A plaintiff may be considered the prevailing party for attorney fee purposes if they 'succeed on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit.' (Graciano v. Robinson Ford Sales, Inc. (2006) 144 Cal.App.4th 140, 153, emphasis omitted.) Here, Plaintiff is the prevailing party on his Song-Beverly claims. (ROA # 36, Moore Dec., Ex. 2 [settlement agreement].) The settlement agreed to by the parties also expressly contemplates that Plaintiff can obtain reasonably incurred attorney fees by noticed motion. (Id. at ¶ 3.a(iii).) Accordingly, Plaintiff is entitled to his reasonable attorneys' fees and costs.

The determination of the reasonable fee-inquiry is guided by the lodestar analysis. (Graciano, supra, 144 Cal.App.4th at p. 154.) Plaintiff presents evidence to support his counsel's hourly rates of $450-$530 per hour for attorneys Moore and Anvar. Based on its own knowledge of the southern California legal community and the evidence provided, the court concludes the rates fall within the range of reasonable rates prevailing in the community for comparable similar work.

Plaintiff also presents evidence to support the number of hours expended. (Moore Dec., Ex. 23 [time entries and billed expenses from December 2021 through February 2024].) According to the provided time entries, Plaintiff's counsel recorded 45.2 billable work hours (attorney time) for a total amount of $24,818, and incurred costs of $1,213.64. Having reviewed the time entries and considered attorney Moore's attestations regarding the scope and nature of this case, the court agrees the hours expended and costs incurred were reasonable, including the request for $2,250 in connection with responding to Defendant's opposition and preparing for and appearing at the motion hearing.

The court is not persuaded by Defendant's arguments to the contrary; Plaintiff's counsel already cut a Calendar No.: Event ID:  TENTATIVE RULINGS

3104426  16 CASE NUMBER: CASE TITLE:  GUZMAN VS GENERAL MOTORS LLC [IMAGED]  37-2022-00013971-CU-BC-CTL substantial number of hours prior to the request, and a substantial amount of work was unbilled paralegal time. Moreover, there is no evidence of the kind of unreasonable fee inflation the court is mindful of and has seen in other Song-Beverly cases, such as bringing largely unnecessary (yet extensive) discovery motion practice, or pursuing claims of fraud without sufficient factual or legal support.

Accordingly, for the reasons stated, Plaintiff's motion for an award of attorneys' fees and costs is granted. Attorney fees are awarded to Plaintiff in the amount of $24,818.00, and costs are awarded in the amount of $1,213.64.

Defendant has 60 days from entry of this order to pay the awarded attorneys' fees and costs.

If the tentative is confirmed, the minute order is the order of the court.

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