Judge: Maurice A. Leiter, Case: 21STCV23132, Date: 2022-08-16 Tentative Ruling

Case Number: 21STCV23132    Hearing Date: August 16, 2022    Dept: 54

Hearing Date: August 16, 2022

Department 54, Judge Maurice A. Leiter

Motion for Attorney’s Fees and Costs

Moving Party: Plaintiff Trevon Dennis

Responding Party: Defendant FCA US, LLC

T/R:     PLAINTIFF’S MOTION IS GRANTED IN THE REDUCED AMOUNT OF $29,524.00 IN ATTORNEY’S FEES AND $700.67 IN COSTS.

            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, opposition, and reply.

BACKGROUND

This is a lemon law action arising out of Plaintiff Trevon Dennis’ purchase of a 2019 Dodge Charger, manufactured and distributed by Defendant FCA US, LLC.

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).)

A.        Reasonable Fees

            Plaintiff moves for an award of $29,524.00 in attorney’s fees and $2,893.72 in costs, for a total of $32,417.72.  Plaintiff’s counsel’s hourly rate is $605.00. Counsel spent 48.8 hours prosecuting this action. In opposition, Defendant argues that Plaintiff’s counsel’s fees are unreasonable because certain billing entries are excessive, vague, and duplicative. Defendant also argues that Counsel’s hourly rate is excessive.

            The Court has reviewed the entries and finds no problem with them. Counsel’s billing rates are not excessive, nor are the tasks billed improper.  None of the entries cited by Defendants warrants a deduction. Counsel’s fees are reasonable.

B. Costs

            Defendant argues that Plaintiff cannot recover $2,139.05 in “other” costs for subpoenas, registration, and vehicle inspection. Defendant asserts these costs are vague and may be duplicative of costs already awarded in the settlement agreement. Plaintiff does not address costs in reply. As Plaintiff fails to adequately explain or justify these costs, the Court will strike them.

            Plaintiff’s motion is granted in the amount of $29,524.00 in attorney’s fees and $700.67 in costs.