Shurtleff v. Home Depot U.S.A., Inc.

3 Shurtleff v. Defendants Werner Co. and Home Depot, U.S.A., Inc.’s motion to Home Depot admit counsel Don Swaim pro hac vice is GRANTED. U.S.A., Inc. Counsel has submitted a verified application that substantially complies with the requirements of California Rules of Court, rule 9.40.

Counsel for Defendants is ordered to give notice of this ruling. 4 Kadosh vs. Plaintiff Briana L. Kadosh’s (“Plaintiff”) Motion for Attorney Fees and General Costs (“Motion”) is GRANTED. Motors, LLC Plaintiff is the prevailing party in this action after settling defendant General Motors, LLC (Defendant). Pursuant to Civil Code section 1794, subdivisions (d) and (e), as the prevailing party on a lemon law matter, Plaintiff is 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.) Plaintiff’s counsel requests $24,517.50 in attorney fees.

The court, having reviewed the billing entries provided by Plaintiff’s counsel, finds the $525/hr. is reasonable. The hours billed are slightly excessive. Given how uncomplicated this matter was and how little was filed with the court, the court finds a reasonable number of hours to be 42.4. (PCLM Group, Inc. vs. Drexler (2000) 22 Cal.4th 1084, 1094-96.) The total attorney fee award is: $525/hr. x 42.4 hrs. = $22,260.

The request for costs totaling $3,911.44 is granted. As Plaintiff produced signed memorandum of costs, it falls on Defendant to show the costs were not reasonable. (Nelson v. Anderson (1999) 72 Cal. App. 4th 111, 131.) Defendant only objected to electronic filing fees and deposition transcription costs, both which are recoverable, without producing any evidence those costs were not properly incurred. As such, Defendant did not meet its burden and the court awards Plaintiff the full $3,911.44.