Judge: Stephen I. Goorvitch, Case: 22STCV35924, Date: 2023-10-24 Tentative Ruling

Case Number: 22STCV35924    Hearing Date: October 24, 2023    Dept: 39

Daniel Chavira v. Hyundai Motor America, Inc., et al.

Case No. 22STCV35924

Motion for Attorney’s Fees

            Plaintiff Daniel Chavira (“Plaintiff”) filed a case under the Song-Beverly Consumer Warranty Act against Hyundai Motor America and Commerce Hyundai (collectively, “Defendants”), which settled.  Now, Plaintiff’s counsel seeks the following: (1) Attorney’s fees in the amount of $15,095; (2) A multiplier of 1.30 which equals an additional $4,528.50; and (3) Costs in the amount of $874.70.  Defendants do not oppose the motion.

            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 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.)

            Although Plaintiff’s counsel’s rates are high for a case of this nature, the record reflects efficiency in the handling of this case, which makes up for the high rates.  Defendants do not oppose the motion.  Finally, overall, a request for approximately $15,000 to handle a case of this nature is reasonable.  Therefore, the Court grants the motion and approves attorneys’ fees in the amount of $15,095.  The Court also approves costs in the amount of $874.70.  However, the Court denies the request for a multiplier, as this case does not satisfy the criteria for a multiplier.

CONCLUSION AND ORDER

            Based upon the foregoing, the Court orders as follows:

            1.         The Court grants Plaintiff’s motion and orders Defendants to pay $15,969.70 in attorneys’ fees and costs within thirty (30) days.

            2.         The Court dismisses this case with prejudice.

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