Motion for attorney fees
SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 10 Honorable Jeffrey B. El-Hajj Blanca Than, Courtroom Clerk 191 North First Street, San Jose, CA 95113 Telephone: 408-882-2210
DATE: June 30, 2026 TIME: 9:00 A.M. / 9:01 A.M. To contest the ruling, call (408) 808-6856 before 4:00 P.M. Make sure to let the other side know before 4:00 P.M. that you plan to contest the ruling. (Cal. Rules of Court, rule 3.1308(a)(1); Local Rule 8.D.)
**Please specify the issue to be contested when calling the Court and counsel**
Line 3 23CV416524 Vijay Ramadoss v. Motion by plaintiff Vijay Ramadoss for attorney fees and costs as the American Honda prevailing party in this Song-Beverly Consumer Warranty Act action. Motor Co., Inc. (Civ. Code, § 1794, subd. (d) [authorizing recovery of attorney fees that were “reasonably incurred”].) Notice is proper and the motion is opposed by defendant American Honda Motor Co., Inc. Plaintiff initially sought over $47,000 in attorney fees and over $10,000 in costs. Defendant’s opposition notes plaintiff signed a Code of Civil Procedure section 998 offer that limited recoverable attorney fees and costs to those incurred before March 26, 2024.
Plaintiff’s reply seeks a lodestar of $7,517.50 in attorney fees, and $1,018.95 in costs. (Reply, at 1:21-27.) The supporting declaration indicates attorney rates between $295 and $515 per hour. The court finds the hourly rates reasonable, and finds most of the time claimed to have been reasonably incurred. But the court finds the hours claimed for the opposition to the motion to strike are excessive, given that the argument raised in that opposition was essentially identical to the argument in the concurrently filed opposition to the demurrer.
The court will reduce the award by $750 (two hours billed at $375/hour). No multiplier is appropriate in this case. Plaintiff’s motion for attorney fees is GRANTED IN PART in the amount of $6,767.50.
The court notes there is a separate motion to tax costs set for July 14, 2026. Defendant’s opposition indicates it “does not object to costs being determined at the same time as fees.” (Opp., at 3:27-28.) The court finds $1,018.95 in costs were reasonably incurred. Costs are awarded in the amount of $1,018.95. The hearing on the motion to tax costs is VACATED. The court will prepare the order.
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