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25CV137276·alameda·Civil·Civil Litigation
Hearing todayGRANTED, IN PART

MAKSIMENKOV vs TESLA, INC.

Motion for Attorney Fees

Hearing date
Aug 19, 2026
Department
19
Prevailing
Plaintiff

Motion type

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Monetary amounts referenced

$5,720$512.95

Parties

PlaintiffEVGENII MAKSIMENKOV
DefendantTESLA, INC.

Ruling

25CV137276: MAKSIMENKOV vs TESLA, INC. 08/19/2026 Hearing on Motion for Attorney Fees filed by EVGENII MAKSIMENKOV (Plaintiff) CRS# 231948861916 in Department 19

Tentative Ruling - 08/17/2026 Joscelyn Jones

The Motion for Attorney Fees filed by EVGENII MAKSIMENKOV on 03/04/2026 is Granted in Part.

Plaintiff’s Motion for Attorneys’ Fees, Costs, and Expenses is GRANTED, IN PART, as follows.

Preliminarily, the Court rejects Defendant’s argument that Plaintiff is not the prevailing party in this case. This matter was resolved pursuant to Plaintiff’s acceptance of Code of Civil Procedure section 998 offer that identified Plaintiff as the prevailing party. (See Offer at page 2, lines 17, providing Plaintiff’s dismissal of case pursuant to the offer of compromise “shall be treated no differently than entry of judgment in favor of Plaintiffs for the settlement amount selected above.”

The Court has reviewed the history of this case as reflected in the register of actions and the declarations of counsel filed in connection with this motion.

The Court determines that the reasonable hourly rate for Plaintiff’s attorney is $440 per hour.

The Court determines that the reasonable amount of time spent by Plaintiff’s counsel on this case is 13 hours, inclusive of all time spent on this fee motion.

The Court declines to award additional fees for time spent by paralegals. Any substantive legal work done by the paralegals has been considered in determining that 13 hours of attorney time is the reasonable amount of time spent on substantive legal issues in this case.

The claimed costs of $512.95 are not opposed.

Plaintiff is awarded attorneys’ fees of $5,720, and costs of $512.95 against Defendant Tesla Inc.

PLEASE NOTE if any party elects to contest this tentative ruling, counsel must appear at the hearing in person (not by Zoom.)

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