Judge: Stephen I. Goorvitch, Case: 22STCV15884, Date: 2023-08-31 Tentative Ruling

Case Number: 22STCV15884    Hearing Date: August 31, 2023    Dept: 39

Brenda Carolina Garcia, et al. v. General Motors, LLC

Case No. 22STCV15884

Motion for Attorney’s Fees

BACKGROUND

            Plaintiffs Brenda Carolina Garcia and Jose Miguel Camacho Rosas (collectively, “Plaintiffs”) filed this action under the Song-Beverly Consumer Warranty Act against General Motors, LLC (“Defendant”) on May 12, 2022.  The Court held a case management conference on August 8, 2022.  The parties filed a stipulation for a protective order on November 8, 2022.  The case then settled without any substantive litigation.  There is no dispute that the case settled and that Plaintiff was the prevailing party, based upon which Plaintiff’s counsel filed the instant motion for attorney’s fees.  Plaintiff’s counsel seeks $28,192.50 in attorney’s fees and $744.31 in costs.  Defendant opposes the motion as it relates to attorney’s fees and argues that the Court should award no more than $13,378.25 in attorney’s fees.  Defendant does not oppose the requests for costs and did not file a motion to tax costs.  The Court orders Defendant to pay $22,554 in attorney’s fees and $744.31 in costs. 

LEGAL STANDARD

The determination of reasonable amount of attorney fees is within the sound discretion of trial courts. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095; Akins v. Enterprise Rent-A-Car Co. (2000) 79 Cal. App. 4th 1127, 1134.) “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.)  In setting the hourly rate for an attorney fees award, courts are entitled to consider the rate of “‘fees customarily charged by that attorney and others in the community for similar work.’”  (Bihun v. AT&T Information Systems, Inc. (1993) 13 Cal. App. 4th 976, 997 [affirming rate of $450 per hour], overruled on other grounds by Lakin v. Watkins Associated Indus. (1993) 6 Cal. 4th 644, 664.)  The burden is on the party seeking attorney fees to prove reasonableness of the fees.  (Center for Biological Diversity v. County of San Bernardino (2010) 188 Cal. App. 4th 603, 615.)

The Court has broad discretion in determining the amount of a reasonable attorney's fee award which will not be overturned absent a “manifest abuse of discretion, a prejudicial error of law, or necessary findings not supported by substantial evidence.”  (Bernardi v. County of Monterey (2008) 167 Cal. App. 4th 1379, 1393-94.)  The Court need not explain its calculation of the amount of attorney’s fees awarded in detail; identifying the factors considered in arriving at the amount will suffice. (Ventura v. ABM Industries Inc. (2012) 212 Cal.App.4th 258, 274-75.)

DISCUSSION

            Plaintiff’s attorneys request a total of $28,192.50 in attorney’s fees.  This request is excessive for several reasons.  As an initial matter, the billing rate of Julian Moore is slightly high in consideration of the reasonable market rates for such cases.  Cases under the Song-Beverly Consumer Warranty Act are not complicated, especially cases that settle without any litigation.  Also, the billing rates of the paralegals are slightly high.  Second, some of the entries reflect inefficiencies.  Third, Plaintiff seeks approximately $5,000 for the motion for attorney’s fees, which is high.  For these reasons, the Court reduces the requested amount by 20 percent, from $28,192.50 to $22,554.

CONCLUSION AND ORDER

            Based upon the foregoing, the Court orders as follows:

            1.         The Court advances and vacates all dates.

            2.         The Court grants Plaintiff’s motion and orders Defendant to pay Plaintiff’s counsel $22,554 in attorney’s fees and $744.31 in costs within sixty (60) days.

            3.         The Court dismisses this case with prejudice.

            4.         Plaintiff’s counsel shall provide notice and file proof of such with the Court.