Judge: Maurice A. Leiter, Case: 22STCV38412, Date: 2023-08-31 Tentative Ruling

Case Number: 22STCV38412    Hearing Date: April 22, 2024    Dept: 54

Hearing Date: April 22, 2024

Department 54, Judge Maurice A. Leiter

Motion for Attorney’s Fees

Moving Party: Plaintiff Fabiola Sanchez

Responding Party: Defendant General Motors

T/R:      PLAINTIFF’S MOTION FOR ATTORNEY’S FEES IS GRANTED IN THE AMOUNT OF $41,125.05.

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 the purchase of a 2022 Chevrolet Silverado manufactured and distributed by Defendant General Motors.

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 asserts that the Consumer Law Experts, PC incurred $37,125.05 in fees to prosecute this action. Plaintiff anticipates an additional $4,000.00 in fees to review the opposition to the motion, draft a reply and attend the hearing.

Plaintiff’s counsel charges between $210.00 and $500.00 per hour and spent 89.55 hours on this case over approximately two years. In opposition, Defendant argues that counsel’s hours are unreasonable. The Court does not find counsel’s billing entries excessive. None of the entries cited by Defendant are so egregious to warrant being reduced. This action lasted two years, involved motion work, and resulted in a favorable settlement for Plaintiff. The Court finds that counsel’s fees are reasonable.

Plaintiff’s motion is GRANTED in the amount of $41,125.05.