Judge: Robert C. Longstreth, Case: 37-2020-00036420-CU-BC-CTL, Date: 2024-05-10 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 09, 2024

05/10/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2020-00036420-CU-BC-CTL RAMIREZ VS MERCEDES-BENZ USA LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Attorney Fees, 01/18/2024

Plaintiffs' Motion for Attorney Fees, Costs, and Expenses (ROA 122) is GRANTED IN PART.

The trial court must first determine a 'touchstone' or 'lodestar' figure based on a careful compilation of the time spent and reasonable hourly compensation for each attorney involved in the presentation of the case. (Press v. Lucky Stores, Inc. (1983) 34 Cal.3d 311, 322.) This figure may then be increased or reduced by the application of a 'multiplier' after the trial court has considered other factors concerning the lawsuit. (Ibid.) Plaintiffs' attorneys seek hourly rates ranging from $400-$700/hour, plus $150/hour for paralegal work.

The court finds hourly rates sought, although high, are reasonable given market rates in San Diego for this type of action and the attorneys' experience.

As to the time spent, the court agrees the time spent on 'calendaring' is non-billable clerical work, and reduces the time spent by 0.1 hour for 11 entries, for a total reduction of 1.1 hours, including eight associate entries and three paralegal entries on 10.14.20, 11.13.20, 01.22.21, 03.16.21, 04.12.21, 04.21.21, 06.21.21, 05.17.22, 07.27.22, 12.22.23, and 01.18.24, respectively. The court also finds the January 5, 2022 entry for 0.5 hour of paralegal work is non-billable clerical work.

Regarding the 16 entries for 'Meeting w/Firm RE Case Status and Calendar,' these appear to be internal case management meetings conducted between the partner, the associate, and the paralegal, although only the partner's time is billed. The court finds that 3.0 hours of time is a reasonable time to spend over the course of the litigation for these activities.

Except for these few entries, the court finds the time spent was reasonable and that this litigation was conducted in line with a typical lemon law case. In particular, the court finds plaintiffs' explanation of the relatively small amount of time spent on legal research to be satisfactory.

Accordingly, the court calculates the lodestar as $63,855.00 after making the above reductions.

Plaintiff also requests an award of costs and expenses in the amount of $6,380.30. The court has considered this request in light of Defendant's motion to strike or tax Plaintiffs' costs.

Defendant Mercedes-Benz USA, LLC's Motion to Strike or Tax Plaintiffs' Costs (ROA 105) is GRANTED IN PART.

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3105186  4 CASE NUMBER: CASE TITLE:  RAMIREZ VS MERCEDES-BENZ USA LLC [IMAGED]  37-2020-00036420-CU-BC-CTL As to the $380.90 in arbitration costs within Item 16, the motion is granted. These costs were incurred to initiate private contractual arbitration against Defendant Jones/Blumenthal Temecula, LLC dba Mercedes-Benz of Temecula (hereinafter 'Dealership'). As such, these costs were not incurred in this litigation. Moreover, as against Dealership, Plaintiffs dismissed their claims with prejudice and thus are not entitled to recover costs. (Code Civ. Proc. §1032(a)(4).) As to the $397.63 for legal research within Item 16, the motion is denied. Reasonably incurred costs for legal research are recoverable as expenses. (Civ. Code § 1794(d); Smalley v. Subaru of America, Inc.

(2022) 87 Cal.App.5th 450, 457.) As to the $1,500.00 in 'anticipated' costs pertaining to Plaintiffs' motion for attorney fees and opposition to Defendant's motion to tax costs within Item 16, the motion is granted in part and denied in part. As a preliminary matter, the court notes that Plaintiffs' memorandum of costs 'must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case.' (Cal. R. Court, rule 3.1700(a).) There is no verified statement that indicates what these 'anticipated' costs are, or when and how they have been incurred or will necessarily be incurred. However, given Defendant's concession that Plaintiffs have now provided evidence to support costs in the amount of $153.95 pertaining to these motions that were incurred after the memorandum of costs was filed, the $1,500.00 sought is reduced by $1,346.05.

As to the $60.00 filing fee within Item 1 for Plaintiffs' motion for attorney fees, although these costs had not yet been not incurred at the time the memorandum was filed, Plaintiffs have provided evidence to support this cost, and the motion is denied as to this item.

The court finds $4,653.35 are allowable as costs and expenses.

Plaintiffs are awarded $63,855.00 in attorney fees and $4,653.35 in costs and expenses. The court clerk is to interlineate this amount on the Judgment at ROA 102.

Once confirmed, this ruling shall be the final ruling of the court and no further written order is required.

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3105186  4