Judge: Matthew C. Braner, Case: 37-2022-00047314-CU-BC-CTL, Date: 2024-05-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 30, 2024

05/31/2024  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) 37-2022-00047314-CU-BC-CTL YUE VS FCA US LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Harry Yue's motion for attorney's fees and costs is GRANTED.

Defendant FCA US, LLC filed and served an opposition to Plaintiff's motion after business hours on May 28, 2024, effectively two days before the hearing. Defendant provided zero justification for this late filing.

The court, in its discretion, declines to consider it. (CRC 3.1300, subd. (d).) 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 $55,550 plus a multiplier of 1.5, for a total of $83,325 in fees, and costs in the amount of $1,531.35, for a total request of $84,856.35 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 # 56, Parnell Dec., Ex. 1 [accepting Defendant's 998 offer].) The settlement agreed to by the parties also expressly contemplates that Plaintiff can seek attorney fees if the parties cannot stipulate to an amount. (Id. at ¶ 3.) 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 $500-$600 per hour for attorney Zolonz, $450-$550 per hour for attorney Parnell, and $200 per hour for paralegal Rangel. 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. (Parenll Dec., Ex. 2 [time entries and billed expenses from September 2022 through February 2024].) According to the provided time entries, Plaintiff's counsel recorded 126 work hours (attorney and paralegal time) for a total amount of $55,550, and incurred costs of $1,531.35. Having reviewed the time entries and considered attorney Calendar No.: Event ID:  TENTATIVE RULINGS

3094824  28 CASE NUMBER: CASE TITLE:  YUE VS FCA US LLC [IMAGED]  37-2022-00047314-CU-BC-CTL Parnell's attestations regarding the scope and nature of this case, as well as the difficulties Plaintiff encountered with Defendant's counsel's unresponsiveness, the court agrees the hours expended and costs incurred were reasonable.

As to a lodestar multiplier, the court denies the request for a multiplier of 1.5. The base lodestar fixes the fee very close to the fair market value inclusive of the factors to be considered for an enhancement. The factors emphasized by Plaintiff are addressed by the hourly rates for a Song-Beverly case and the fact that an award of reasonable attorney fees and costs to a prevailing plaintiff is mandatory under Civil Code section 1794, subdivision (d).

Nevertheless, the court believes a small multiplier of 1.1 is warranted in this case. Attorney Parnell attests that his office faced consistent unresponsiveness and uncooperativeness from Defendant and its counsel. The fact that Defendant waited until after business hours three days before the hearing (effectively giving Plaintiff only a day to prepare and serve a reply) to file and serve an opposition strongly supports attorney Parnell's characterization of the case and Defendant's overall conduct. With a multiplier of 1.1, the awarded fee lodestar is $61,105.

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 $61,105.00, and costs are awarded in the amount of $1,531.35.

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

The minute order is the order of the Court.

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3094824  28