Vicens vs. General Motors, LLC

The Court also declines to award time spent on Defendants’ ex parte application to deem the demurrer and motion to strike as timely (01/26/24 to 01/30/24). The application was based on attorney error and should not be borne by Plaintiff. The time awarded is further reduced by 7.1 hours.

Costs: Defendants seek $3,258.14 in costs incurred in this action and the 2022 case. For the reasons set forth above, the costs incurred in the 2022 are not recoverable. The costs otherwise appear reasonable.

In sum, the Court GRANTS the motion and awards attorney fees in the amount of $14,688.50 and $1,826.34 in costs, for a total of $16,514.84.

Counsel for Defendants shall provide notice of this ruling. 14 Vicens vs. Plaintiffs Francisco Vicens and Jennifer Vicens’s (“Plaintiffs” General together) Motion for Attorney Fees and Costs (“Motion”) is Motors, LLC GRANTED.

Plaintiffs are the prevailing parties in this action after settling defendant General Motors, LLC (“Defendant”). (Barry Decl., Ex. 1.) Pursuant to Civ. Code §§ 1794(d) and (e) and 15 U.S.C.A. § 2310(d)(2), as the prevailing parties on a lemon law matter, Plaintiffs are entitled to recover reasonable attorney fees. (Serrano v. Priest (1977) 20 Cal. 3d 25, 49; Doppes v. Bentley Motors, Inc. (2009) 174 Cal. App. 4th 967, 998.)

Plaintiffs’ counsel requests $55,483 in attorney fees. The court, having reviewed the billing entries provided by Plaintiffs’ counsel finds the hourly billing rates are slightly high, but still within the reasonable range. In reviewing the hours billed the court finds some excessive or unnecessary billed time. Approximately 21.7 hours were excessive or not necessary including time billed related to a non-existent motion to tax costs. The court finds a total of $12,619.50 in overbilling.

The court finds the reasonable sum for attorney fees to be $42,863.50. (PCLM Group, Inc. vs. Drexler (2000) 22 Cal.4th 1084, 1094-96.)

The request for costs totaling $2,906.62 is granted as Plaintiffs produced a signed memorandum of costs Defendant did not file the required motion to tax said costs. (Civ. Proc. Code § 1033.5(a)(4) and (14); CA ST CIVIL RULES Rule 3.1700(b)(1).) However, even if the court were to consider the opposition as appropriate to attack the costs, Defendant did not meet its burden of showing any of the costs were unnecessary or excessive.

The total sum of attorney fees and costs awarded to Plaintiffs against Defendant is: $42,863.50 + $2,906.62 = $45,770.12.

Plaintiffs to give notice.