SKY MESA PROPERTY OWNERS ASSOCIATION VS MCCABE PROPERTY MANAGEMENT, INC.

3. CASE # CASE NAME HEARING NAME SKY MESA PROPERTY MOTION TO COMPEL ATTENDANCE AT OWNERS ASSOCIATION CVME2403469 DEPOSITION OF DEFENDANT JOSEPH VS MCCABE PROPERTY MCCABE MANAGEMENT, INC. Tentative Ruling: Unopposed Motion to Compel attendance at Deposition granted. Defendant Joseph McCabe ordered to sit for a deposition within 10 days of this order. Sanction imposed against defendant in the amount of $1,100.

4. CASE # CASE NAME HEARING NAME SKY MESA PROPERTY MOTION TO COMPEL ATTENDANCE AT OWNERS ASSOCIATION CVME2403469 DEPOSITION OF DEFENDANT VS MCCABE PROPERTY JONATHAN JENSEN MANAGEMENT, INC. Tentative Ruling: Unopposed Motion to Compel attendance at Deposition granted. Defendant Jonathan Jensen ordered to sit for a deposition within 10 days of this order. Sanction imposed against defendant in the amount of $1,100.

5. CASE # CASE NAME HEARING NAME GONZALEZ VS CVSW2307900 AMERICAN HONDA MOTION FOR ATTORNEY’S FEES MOTOR CO., INC. Tentative Ruling: Motion for Attorney’s Fees granted in the reduced amount of $16,315.75. Following Entry of this order, case is dismissed pursuant the OSC.

On September 20, 2023, Plaintiff filed the Complaint in this action against Defendant American Honda Motor Co., Inc., asserting causes of action for violations of the Song- Beverly Consumer Warranty Act. This lawsuit relates to the 2022 Honda Accord vehicle which Plaintiff purchased on June 25, 2022. Plaintiff alleged that the vehicle had serious defects during the warranty period, including transmission, electrical, and structural system defects, and that Plaintiff presented the vehicle to Defendant's authorized repair facilities on at least seven occasions. Defendant, after failing to conform the vehicle to the express warranty within a reasonable number of repair attempts, failed to either refund or replace the vehicle as required under the Song-Beverly Act. In the Complaint, Plaintiff sought damages, civil penalty of two times the actual damages, and attorney fees and costs.

On or about April 30, 2024, Defendant served a CCP 998 offer to settle, offering to pay $60,000 to Plaintiff, plus attorney's fees, costs, and expenses to be determined by a motion. (Decl. of Kevin Y. Jacobson in Supp. of Mot., ¶ 90; Decl. of Elizabeth C. Rein in Supp. Of Oppo., ¶ 20.) The 998 offer provided that fees should be awarded in the following manner: "Plaintiff's statutory costs and expenses under California Civil Code section 1794(d)(2), including reasonable attorneys' fees, in the amount determined by the Court to have been reasonably incurred by Plaintiff in connection with the