Judge: Thomas D. Long, Case: 23STCV19539, Date: 2025-01-21 Tentative Ruling

Case Number: 23STCV19539    Hearing Date: January 21, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Frank Rojas and Defendant Volkswagen Group Of America, Inc. have reached a settlement in this Song-Beverly action.  On December 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 a total of $46,145.92, consisting of $39,762.50 in attorney fees, $3,000.00 in anticipated attorney fees for this motion, and $3,383.42 in costs.

Plaintiff provides a copy of counsel’s billing records.  (Rivero Decl., Ex. R.)  Plaintiff’s counsel charges hourly rates of $200, $425, $500, $525, and $550.  Based on counsel’s experience, the type of case, and the market rate, the Court concludes that these are reasonable hourly rates for this matter.

Defendant argues that Plaintiff’s counsel spent excessive, unreasonable, and unnecessary time on discovery.  (Opposition at p. 9.)  As the Court observes in the multitude of Song-Beverly cases on the docket, experienced counsel have pre-written form pleadings, discovery requests, discovery responses, and motion papers they use in these cases.  This is a basis for a slight deduction.

Defendant also argues that the time incurred for this fee motion is excessive.  (Opposition at p. 10.)  Plaintiff billed 6.9 hours for the motion and memorandum of costs, as well as 6 anticipatorily billed hours for the reply, hearing, and finality of the motion.  The Court agrees that this is excessive, and this is a basis for a slight deduction.

Defendant argues that Plaintiff seeks costs that are not allowable under Code of Civil Procedure section 1033.5  (Opposition at p. 11.)  A prevailing plaintiff in a Song-Beverly action may recover all “costs and expenses . . . determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.”  (Code Civ. Proc., § 1794, subd. (d).)  “[I]t is clear the Legislature intended the word ‘expenses’ to cover items not included in the detailed statutory definition of ‘costs.’”  (Jensen v. BMW of North America, Inc. (1995) 35 Cal.App.4th 112, 137.)

The motion for attorney fees and expenses is GRANTED IN PART.  The Court awards Plaintiff $37,000.00 in attorney fees and $3,383.42 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 21st day of January 2025