Judge: Michael T. Smyth, Case: 37-2022-00034436-CU-BC-CTL, Date: 2024-03-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 14, 2024

03/15/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael T. Smyth

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00034436-CU-BC-CTL PONCE VS AMERICAN HONDA MOTOR CO INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Attorney Fees, 08/08/2023

Plaintiff Tomas Eduardo Ponce's Motion for Attorneys' Fees is GRANTED in the reduced amount of $32,670.82 ($31,460.00 in fees and $1,210.82 in costs).

Code of Civil Procedure section 1794(d) states: '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.' Under this provision, prevailing parties may recover for items not expressly defined by statute as 'costs.' (See Jensen v. BMW of North America, Inc. (1995) 35 Cal.App.4th 112, 137-138 ['it is clear the Legislature intended the word 'expenses' to cover items not included in the detailed statutory definition of 'costs'' and finding that expenses for experts were recoverable in a Song Beverly case].) In awarding fees, the trial court must first determine a 'lodestar' figure based on the reasonable time spent and reasonable hourly compensation for each attorney involved in the case. (Press v. Lucky Stores, Inc. (1983) 34 Cal.3d 311, 322.) Plaintiff seeks $44,102.82 for fees ($42,892.00) and costs ($1,210.82) in litigating this action. The fee amount is comprised of 71.2 hours of attorney and law clerk time at $695.00 per hour for attorney Michael Saeedian, $525.00 per hour for attorney Christopher Urner, and $250 per hour for law clerk Jorge Acosta for a total of $42,892.00. Although Defendant requests that Mr. Acosta's hours be excluded, there is no authority cited that such fees cannot be requested and had Plaintiff's firm not utilized a law clerk, even higher fees might have been incurred for a higher billing attorney to accomplish the same work. Plaintiff is entitled to recover law clerk fees.

Some requested fees are excessive, however. In reviewing the invoices, Plaintiff has requested fees for 20 hours spent by Attorney Michael Saeedian at $695 per hour drafting the discovery motions, which were never heard. (See ROA 49, Ex. A [invoices entries for March 23, 2023].) In reviewing those motions, they are substantially the same and the court finds the 20 hours requested to be unreasonable.

Accordingly, the request is reduced by $9,730 (14 hours at $695 per hour) to a total fee request of $33,162.00. This would represent a blended rate of $579.76 ($33,162.00 / 57.2). In the court's experience, that blended rate is somewhat higher than the reasonable rate for a litigation of this type.

Accordingly, the blended rate is set at $550 per hour for 57.2 hours for a total fee award of $31,460.00.

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3091983  7 CASE NUMBER: CASE TITLE:  PONCE VS AMERICAN HONDA MOTOR CO INC [IMAGED]  37-2022-00034436-CU-BC-CTL (See PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1094-1095 [trial courts have broad discretion to determine the amount of reasonable fees].) Defendant does not otherwise dispute the $1,210.82 in costs.

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