Judge: Randall J. Sherman, Case: 2016-00838206, Date: 2022-08-26 Tentative Ruling

Plaintiffs’ unopposed Motion for Determination of Attorneys’ Fees and Addition of Costs is granted.  The court awards plaintiffs reasonable attorneys’ fees in the amount of $3,648,761.75, and confirms that because plaintiffs filed a Memorandum of Costs on April 22, 2022 requesting $238,558.28 in costs, and no defendant filed a Motion to Tax Costs, plaintiffs are entitled to costs of suit in the amount of $238,558.28.

Insurance Code §1871.7(g)(2)(A) provides that a person bringing an action under Insurance Code §1871.7 “shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorney’s fees and costs”.  In addition, under CCP §§1032(b) and 1033.5(a)(10)(B), a prevailing party is entitled as a matter of right to recover costs in any action or proceeding, including attorneys’ fees as authorized by statute.  These statutes justify a fee award.

The attorneys involved in this case explain that their hourly rates were discounted to $250 and then $300 per hour.  Paralegal rates started at $150 and then went up to $175 per hour.  The rates were negotiated in advance and reflect substantial discounts of both counsel’s customary rates and the prevailing rates for similarly-qualified attorneys in the community.  The court concludes that the billed rates are patently reasonable.  The 13,486.2 hours claimed do not include work against defendants who were not part of the trial, and the court further concludes that the hours spent also were reasonable.  Accordingly, the attorneys’ fees claimed were all necessary and reasonable, and are appropriately awarded against defendants.

Plaintiffs are ordered to give notice of the ruling.