Judge: Ronald F. Frazier, Case: 37-2021-00001911-CU-MC-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  Misc Complaints - Other Motion Hearing (Civil) 37-2021-00001911-CU-MC-CTL CASTANARES VS CITY OF SAN DIEGO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Attorney Fees, 02/27/2023

Petitioner's Motion for Award of Attorney Fees and Costs is GRANTED IN PART. (ROA 78.) '[T]he fee setting inquiry in California ordinarily begins with the 'lodestar,' i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate.' (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095.) 'The lodestar may then be adjusted, based on consideration of factors specific to the case, in order to fix the fee at the fair market value for the legal services provided.' (Ibid.) As to the hourly rates sought, the court finds the proposed rate of $750.00 for Attorney Briggs to be excessive based on its familiarity with market rates in the San Diego area, its experience with counsel, and the facts of the case. The court reduces Attorney Briggs' hourly rate to $600.00. The court finds rates of $325.00 for an associate and $150.00 for a paralegal are reasonable.

As to the time spent, the court reduces the amount of time spent on the fee motion from 30 hours to 14 hours. The court otherwise finds the amount of time spent is reasonable.

Accordingly, the court calculates the lodestar as $45,462.50. (Briggs 40.55 hours x $600 = $26,730.00, associate 52.70 hours x $325 = $17,127.50, paralegal 10.7 hours x $150 = $1,605.00.) The court finds a multiplier is not justified here. Factors like contingency and delay in payment are built into the high hourly rate, and the importance of the lawsuit to the public appears to have been modest.

The City did not challenge Petitioner's additional motion-related costs of $789.11. Accordingly, these additional costs are awarded.

Petitioner's counsel requested the court order the fees and costs payable directly to Briggs Law Corporation. This request is denied. (Govt. Code § 6259(d), 'The court shall award court costs and reasonable attorney's fees to the requester should the requester prevail in litigation filed pursuant to this section' (emphasis added); Code Civ. Proc. § 1021.5, 'Upon motion, a court may award attorneys' fees to a successful party ...' (emphasis added).

Petitioner is awarded $45,462.50 in attorney fees and $789.11 in costs. The court clerk is to interlineate this amount on the judgment.

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