Judge: Teresa A. Beaudet, Case: 21STCV37936, Date: 2023-07-10 Tentative Ruling
Case Number: 21STCV37936 Hearing Date: July 10, 2023 Dept: 50
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ROSA LOPEZ, Plaintiff, vs. GENERAL MOTORS, LLC, et al., Defendants. |
Case No.: |
21STCV37936 |
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Hearing Date: |
July 10, 2023 |
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Hearing Time: |
10:00 a.m. |
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[TENTATIVE]
ORDER RE: PLAINTIFF’S
MOTION FOR ATTORNEY FEES, COSTS, AND EXPENSES |
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Background
Plaintiff
Rosa Lopez (“Plaintiff”) filed this action on October 14, 2021 against
Defendant General Motors, LLC (“Defendant”). The Complaint asserts causes of
action for (1) violation of subdivision (d) of Civil Code section 1793.2,
(2) violation of subdivision (b)
of Civil Code section 1793.2, (3) violation of subdivision (a)(3) of Civil Code section 1793.2,
(4) breach of express written warranty, and (5) breach of the implied warranty
of merchantability. Plaintiff indicates that the parties entered into a
settlement in this matter. (Moore
Decl., ¶ 16.)
Plaintiff
now moves for an order “awarding her attorney fees, costs, and expenses, in the
total amount not to exceed $29,010.04.” Defendant opposes.
Request
for Judicial Notice
The Court denies
Plaintiff’s request for judicial notice.
As an initial matter, Defendant
indicates in its opposition that “[r]ather than draft a full fee
opposition motion, GM proposes an outcome that would have been very similar had
Counsel had [sic] actually negotiated in good faith. GM will stipulate to pay
the $20,668.00 in fees that Counsel’s own billing records had at the time of
negotiations (despite a strong belief that those fees are excessive given the
actual work required to resolve this matter). GM will also stipulate to the
$818.45 in costs. GM will not agree to the $5,000 that counsel seeks for its
reply brief and future time.” (Opp’n at p. 2:18-3:3.)
In
the reply, Plaintiff states that “Plaintiff’s counsel has communicated to defense counsel that Plaintiff will accept
the stipulated amount of $21,486.45. Plaintiff has also stated
that the Motion will be taken off calendar if payment is made prior to the hearing on July 10, 2023 or within 12 days.” (Reply at p.
1:6-9.)
Conclusion
Based on the foregoing, Plaintiff’s motion is moot.
Plaintiff is ordered to provide notice of this ruling.
DATED:
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Hon. Teresa A. Beaudet
Judge, Los Angeles Superior Court