Judge: Thomas D. Long, Case: 23STCV03822, Date: 2024-10-31 Tentative Ruling

Case Number: 23STCV03822    Hearing Date: October 31, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Nicholas Drobnis and Defendant FCA US LLC have reached a settlement in this Song-Beverly action.  On July 2, 2024, Plaintiff filed a motion for attorney fees, along with a memorandum of costs.

As the prevailing party, Plaintiff is entitled to an award of reasonable attorney fees and expenses.  (Civ. Code, § 1794, subd. (d).)  California courts apply the “lodestar” approach to determine what fees are reasonable.  (See, e.g., Holguin v. DISH Network LLC (2014) 229 Cal.App.4th 1310, 1332.)  This inquiry “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.)  From there, the “lodestar figure 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.)  Relevant factors include “(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, [and] (4) the contingent nature of the fee award.”  (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132.)  The party seeking fees has the burden of documenting the appropriate hours expended and hourly rates.  (City of Colton v. Singletary (2012) 206 Cal.App.4th 751, 784.)

Plaintiff requests $18,042.50 in attorney fees, $2,352.59 in costs and expenses, and $2,000.00 in attorney fees for the reply and hearing on this motion.

Plaintiff provides a copy of counsel’s billing records.  (Sarbaz Decl., Ex. F.)  Plaintiff’s counsel charges various hourly rates: $525 for Aryan Sarbaz; $435, $475, or $500 for Shawn Halbert; $300 for Heidy Garcia; and $200 for paralegal Phillip Dean.  These rates are reasonable for experienced attorneys in Los Angeles specializing in these types of cases.  But because they are experienced with Song-Beverly litigation, they should be more efficient in those types of cases than less experienced attorneys.

Defendant argues that some clerical tasks (filing, service, and managing files) should be excluded from billing, and block-billed excessive time should be reduced.  (Opposition at pp. 5-6.)  The Court agrees that a slight reduction is warranted for these items.

Considering the type of case, complexity of the case, length of litigation, and the record as a whole, the Court concludes that a reasonable amount of attorney fees is $18,242.00 ($18,042.50 minus $1,800.50, plus $2,000.00 in connection with the motion’s reply and hearing).  (See Kerkeles v. City of San Jose (2015) 243 Cal.App.4th 88, 102 [a court may impose a rate reduction of up to ten percent based on its exercise of discretion and without a more specific explanation].)

Defendant did not challenge the $2,352.59 in costs and expenses.

The motion for attorney fees and expenses is GRANTED IN PART.  The Court awards Plaintiff $18,242.00 in attorney fees and $2,352.59 in costs and expenses.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 31st day of October 2024