Judge: Maurice A. Leiter, Case: 18STCV04470, Date: 2023-02-24 Tentative Ruling

Case Number: 18STCV04470    Hearing Date: February 24, 2023    Dept: 54

Hearing Date: February 24, 2023

Department 54, Judge Maurice A. Leiter

Motion for Attorney’s Fees and Costs

Moving Party: Plaintiff Robert Cortez

Responding Party: None

T/R:     PLAINTIFF’S MOTION FOR ATTORNEY’S FEES AND COSTS IS GRANTED.

            PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers. No opposition has been received.

BACKGROUND

This is a lemon law action arising out of Plaintiff Robert Cortez’s purchase of a used 2008 Audi S8 from dealer Defendant Pacific Luxury Motors, Inc. In the operative first amended complaint, Plaintiff asserts causes of action for (1) violations of the Song Beverly Act; (2) violations of the CLRA; (3) concealment; (4) negligent misrepresentation; (5) UCL violations; and (6) bond liability against Defendant Hudson Insurance Company). Plaintiff alleges that Defendant sold Plaintiff the subject vehicle to Plaintiff knowing that it was defective and had a failing engine. Plaintiff contends that Defendant, inter alia, cleared the Diagnostic Trouble Codes and represented that the vehicle was functional and in safe condition, when the vehicle was not in such a condition.

On December 6, 2022, the Court found in favor of Plaintiff following a three-day bench trial.

ANALYSIS

The Song-Beverly Act provides, “[i]f 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.” (Civ. Code § 1794(d).)

Plaintiff moves for an award of $150,642.50 in attorney’s fees and $16,045.32 in costs. Plaintiff’s counsel charges between $225.00 and $550.00 per hour and spent 369.35 hours on this case over approximately four years. The Court finds counsel’s rates and hours reasonable. This action lasted four years and included motion work and trial preparation. Plaintiff may recover costs and expenses under the Song-Beverly Act.

Defendant has not opposed this motion to show the fees or costs are unreasonable.

            Plaintiff’s motion is GRANTED.