John W Ambrecht vs Marc A DePaco et al

first multiplying the number of hours reasonably expended on the litigation by a reasonable hourly rate of compensation." (Syers Properties III, Inc. v. Rankin (2014) 226 Cal.App.4th 691, 697.) "[T]he lodestar is the basic fee for comparable legal services in the community; it may be adjusted by the court based on factors including, as relevant herein, (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, (4) the contingent nature of the fee award." (Ketchum v.

Moses (2001) 24 Cal.4th 1122, 1132.) "The purpose of such adjustment is to fix a fee at the fair market value for the particular action. In effect, the court determines, retrospectively, whether the litigation involved a contingent risk or required extraordinary legal skill justifying augmentation of the unadorned lodestar in order to approximate the fair market rate for such services." (Ibid.)

Plaintiff's counsel has submitted evidence of their lodestar. (Supp. Lazar Decl., Ex. 1.) There are seven timekeepers: Robert Wilson (39.7 hours at $1,200/hour), Paal Bakstad (77.8 hours at $600/hour), David Bibiyan (9.7 at $1,200/hour), Felipe Gomez (66.3 at $400/hour), Vedang Patel (34.9 hours at $900/hour), Megan Lazar (49.7 hours at $550/hour), Brooke Waldrop (16.7 hours at $750/hour). The court has reviewed the time entries and finds the time spent on this matter was reasonable and necessary. (Lazar Supp. Decl., Ex. 1; Bibiyan Decl., P.P. 26-35.)

Plaintiff has not submitted sufficient evidence of the qualifications of these attorney timekeepers to justify the requested rates. The court in its discretion will apply its own experience and judgment as to the appropriate rate for the lodestar check. The court finds that a blended rate of $600 per hour is typical for similar PAGA actions taken on contingence in the community, inclusive of senior partners and less experienced attorneys. Applying the blended rate of $600 per hour for 294.8 total attorney hours, the lodestar is $176,760. The court declines to apply a positive or negative multiplier. The court will grant the requested attorney fee award of $168,333.33. The court finds the requested attorney fees is reasonable and fair.

(7) Litigation Costs The court will further grant the requested cost reimbursement of $19,905.26. (Bibiyan Decl., P.P. 36-37, Ex.1.) These requested litigation costs appear reasonable and necessary. (Ibid.)