Alejandro urrutia Olivarez v. General Motors, LLC
Motion for Attorney's Fees
Motion type
Monetary amounts referenced
Parties
Ruling
(Stanley Mosk Courthouse: Dept. 513) September 2, 2026 DEPARTMENT 513 LAW AND MOTION RULINGS
Court of California County of Los Angeles - Central District Department 513 Alejandro urrutia Olivarez; Plaintiff, vs. General Motors, LLC; Defendant. | Case No.: |
| | | Hearing Date: | September 2, 2026 | | | Time: | 10:00 a.m. | | | [Tentative] Order RE: MOtion for Attorney's Fees | MOVING PARTY: Plaintiff Alejandro Urrutia Olivarez RESPONDING PARTY: Defendant General Motors, LLC Motion for
Attorney's Fees The court considered the moving, opposition, and reply papers filed in connection with this motion. The court also considered the supplemental declaration filed on July 31, 2026 pursuant to the court's order that same date. REQUESTS FOR JUDICIAL NOTICE The court denies the requests for judicial notice submitted alongside the moving papers because the matters identified are not material to the court's disposition of the motion. (Gbur v. Cohen (1979) 93 Cal.App.3d 296, 301 ("[J]udicial notice . . . is always confined to those matters which are relevant to the issue at hand."].)
DISCUSSION Plaintiff Alejandro Urrutia Olivarez ("Plaintiff") moves the court for an order awarding him attorney's fees against defendant General Motors, LLC ("Defendant") in the amount of $34,504.50 pursuant to a settlement agreement. First, the court finds that Plaintiff is entitled to recover attorney's fees and costs from Defendant pursuant to the Song-Beverly Act and the parties' settlement. (Civ. Code, Sec. 1794, subd. (d) ["If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action"].) ¿ Second, the court finds that Plaintiff has established, as to the attorney's fees incurred to commence and prosecute this action and to prepare the pending fee motion, a lodestar of $31,163.00 "[T]he fee setting inquiry in California ordinarily begins with the 'lodestar,' i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate. . . . . ¿ The reasonable hourly rate is that prevailing in the community for similar work. ¿ The lodestar figure may then be adjusted, based on consideration of factors specific to the case, in order to fix the fee at the fair market value for the legal services provided. " ¿ (PLCM Group v.
Drexler (2000) 22 Cal.4th 1084, 1095 (internal citations omitted); Reck v. FCA US LLC (2021) 64 Cal.App.5th 682, 691 ["To determine a reasonable attorney fee award, the trial court applies the lodestar method"].) ¿ " [T]he verified time statements of the attorneys, as officers of the court, are entitled to credence in the absence of a clear indication the records are erroneous. " ¿ (Horsford v. Board of Trustees of California
State Univ. (2005) 132 Cal.App.4th 359, 396.) ¿¿¿¿¿¿ The court finds that the reasonable hourly rates for Plaintiff's attorneys who performed work in this action are as follows: (1) $490.00 for attorney Joshua Fennell; (2) $410.00 for attorney Will Vollbrecht, and (3) $350.00 for attorney Joseph Kowalski. (Fennell Decl. P.P. 108-110; July 31, 2026 Fennell Supp. Decl. P. 3.) The court has considered the billing records of Plaintiff's attorneys. (Fennell Decl., Ex. 16; May 12, 2026 Fennell Supp. Decl.
P. 3; July 31, 2026 Fennell Supp. Decl. P. 3.) The court finds that Plaintiff's attorneys reasonably expended a total number of 64.5 hours (59.8 hours for Fennell; 3.6 hours for Vollbrecht, and 1.1 hours for Kowalski) to commence and prosecute this action and to prepare the pending motion. The court therefore finds that Plaintiff has established a lodestar figure of $31,163.00 ((59.8 hours x $490.00 [Fennell] = $29,302.00) + (3.6 hours x $410 [Vollbrecht] = $1,476.00) + (1.1 hours x $350.00 [Kowalski] = $385.00)).
Third, the court does not award Plaintiff fees for paralegal time expended on this matter because Plaintiff's moving papers do not specifically identify any paralegal fees which are sought. ORDER The court grants plaintiff Alejandro Urrutia Olivarez's motion for attorney's fees as follows: Pursuant to Civil Code section 1794, subdivision (d), the court orders that plaintiff Alejandro Urrutia Olivarez shall recover from defendant General Motors, LLC attorney's fees in the total amount of $31,163.
The court orders plaintiff Alejandro Urrutia Olivarez to give notice of this ruling. IT IS SO ORDERED. DATED: September 2, 2026 _____________________________ Robert B. Broadbelt III Judge of the Superior Court Case Number: 24STCV21750 Hearing Date: September 2, 2026 Dept: 513 Superior Court of California County of Los Angeles - Central District Department 513 Hovhannes Vardanyan, et al.; Plaintiffs, vs. Volkswagen Group of America, et al.,
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