Nicole Sousa v. Volkswagen Group of America, Inc.

SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 10 Honorable Jeffrey B. El-Hajj Blanca Than, Courtroom Clerk 191 North First Street, San Jose, CA 95113

DATE: September 1, 2026 TIME: 9:00 A.M. / 9:01 A.M. To contest the ruling, you must call (408) 808-6856 before 4:00 P.M. You must also contact the other side before 4:00 P.M. to inform them that you plan to contest the ruling. (Cal. Rules of Court, rule 3.1308(a)(1); Local Rule 8.D.)

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Line 4 24CV454281 Alvaro Pedroza Click LINE 4 or scroll down for ruling. v. Ford Motor Company et al. Line 5 24CV454463 Nicole Sousa v. Plaintiff Nicole Sousa’s motion for attorney fees as the prevailing party in Volkswagen this Song-Beverly Consumer Warranty Act action. (Civ. Code, § 1794, subd. Group of (d) [authorizing recovery of attorney fees that were “reasonably incurred”].) America, Inc. Notice is proper and the motion is opposed by defendant Volkswagen Group of America, Inc.

Defendant does not contest plaintiff’s entitlement to fees, but argues that the amount requested is unreasonable. Plaintiff requests $41,457.50 in attorney fees, broken down as follows: 102.5 hours billed at attorney rates ranging from $430 to $560 per hour and a paralegal rate of $215. Plaintiff acknowledges defendant already paid costs, which are not sought by this motion.

The court finds the hourly rates reasonable. The court agrees with defendant that some hours claimed are excessive. The following time will be removed from the fee award: one hour at $450/hour related to meeting and conferring; one hour at $450/hour related to drafting discovery requests; three hours at $425/hour related to responding to discovery requests; and $3,584 incurred after plaintiff was served with the Code of Civil Procedure section 998 offer she ultimately accepted. The other time was reasonably incurred.

Plaintiff’s motion is GRANTED IN PART. Plaintiffs are awarded attorney fees in the amount of $36,548.50. The court will prepare the order.

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