Judge: Robert P. Dahlquist, Case: 37-2022-00035020-CU-BC-NC, Date: 2024-03-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - March 19, 2024

03/19/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00035020-CU-BC-NC TITTLE VS FORD MOTOR COMPANY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Attorney Fees, 02/20/2024

Plaintiffs Amanda Tittle and David Tittle's motion for attorneys' fees (ROA # 44) is granted in a reduced amount.

On November 2, 2024, plaintiffs accepted a CCP § 998 offer in the amount of $53,500. Johnson Decl.

(ROA # 46), Exhibit 2. The CCP § 998 offer provides that plaintiffs are the prevailing party pursuant to Civil Code § 1794(d), and attorneys' fees may be determined by way of noticed motion.

'The determination of what constitutes a reasonable fee generally 'begins with the 'lodestar,' i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate....'' '[T]he lodestar is the basic fee for comparable legal services in the community; it may be adjusted by the court based on factors including, as relevant herein, (1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, (4) the contingent nature of the fee award....' Graciano v. Robinson Ford Sales, Inc. (2006) 144 Cal.App.4th 140, 154. Trial courts may rely on personal knowledge and familiarity with the legal market in setting the reasonable hourly rates. See Heritage Pac. Fin., LLC v Monroy (2013) 215 Cal.App.4th 972, 1009.

The court has carefully reviewed the arguments, authorities and evidence submitted by the parties. The court finds that a reasonable and proper amount of attorney fees to be awarded to plaintiffs in this case is $17,710, consisting of the sum of (1) $4,060 for the services of Attorney Brian Cline (7 hours at $580 per hour); (2) $7,650 for the services of Attorney Mark Johnson (17 hours at $450 per hour); (3) $6,000 for paralegal and law clerk services (40 hours at an average hourly rate of $150).

The court is not awarding fees for the remaining hours for which fees are sought in this case because, in the court's opinion, the remaining hours reflect time spent unreasonably or time spent on duplicative services.

The court believes that no multiplier should be applied to the lodestar amount in this instance.

The court invites plaintiffs' counsel to submit a proposed judgment. The proposed judgment should include the award of attorney fees, and the statutory costs claimed in the memorandum of costs.

This minute order constitutes the court's order. No party is required to submit a proposed order after hearing.

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3101066 CASE NUMBER: CASE TITLE:  TITTLE VS FORD MOTOR COMPANY [IMAGED]  37-2022-00035020-CU-BC-NC This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Tuesday, March 19, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of March 19, 2024. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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3101066