Hovhannes Vardanyan, et al. v. Volkswagen Group of America, et al.

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

Court of California County of Los Angeles - Central District Department 513 Hovhannes Vardanyan, et al.; Plaintiffs, vs. Volkswagen Group of America, et al.,

Defendants. | Case No.: |

| | | Hearing Date: | September 2, 2026 | | | Time: | 10:00 a.m. | | | [Tentative] Order RE: Motion to STrike or Tax Memorandum of Costs | MOVING PARTY: Defendants Volkswagen Group of America, Inc. and LAD-V, LLC RESPONDING PARTY: Plaintiffs Hovhannes Vardanyan and Ohan Melkonyan

Motion to Strike or Tax Memorandum of Costs

The court considered the moving and opposition papers filed in connection with this motion. No reply was filed.

DISCUSSION

Defendants Volkswagen Group of America, Inc. and LAD-V, LLC ("Defendants") move to strike or tax the memorandum of costs filed by plaintiffs Hovhannes Vardanyan and Ohan Melkonyan ("Plaintiffs"). "A 'verified memorandum of costs is prima facie evidence of the propriety' of the items listed on it, and the burden is on the party challenging these costs to demonstrate that they were not reasonable or necessary." (Adams v. Ford Motor Co. (2011) 199 Cal.App.4th 1475, 1486 [internal citation omitted].)

First, the court denies Defendants' request to strike the memorandum in its entirety. The memorandum is timely, because the time to serve and file a memorandum of costs runs from the date of written notice of entry of judgment or dismissal, not verbal notice. (Cal. Rules of Court, Rule 3.1700, subd. (a)(1).) Further, the absence of supporting documentation does not bear upon the verification of the memorandum by counsel. (Ibid.)

Second, the court grants the motion to tax costs as to Item 8, totaling $2,908.40, in its entirety, because this item pertains on its face to expert fees not ordered by the court or authorized by statute. (Code Civ. Proc., Sec. 1033.5, subd. (b)(1).)

Third, the court denies the motion as to the remainder of the costs because Defendants have not carried their burden to present evidence rebutting the prima facie showing in the memorandum of costs that the remainder of the costs are proper. (Adams, supra, 199 Cal.App.4th at 1486.)

ORDER

The court grants in part defendants Volkswagen Group of America, Inc. and LAD-V, LLC's motion to strike plaintiffs Hovhannes Vardanyan and Ohan Melkonyan's memorandum of costs as follows: The court orders that the following costs are taxed from plaintiffs Hovhannes Vardanyan and Ohan Melkonyan's memorandum of costs: $2,908.40 in expert fees (Item 8.)

The court orders that plaintiffs Hovhannes Vardanyan and Ohan Melkonyan shall recover $840.76 in costs from defendants Volkswagen Group of America, Inc. and LAD-V, LLC.

The court orders defendants Volkswagen Group of America, Inc. and LAD-V, LLC 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: 24STCV34451 Hearing Date: September 2, 2026 Dept: 513 Superior Court of California County of Los Angeles - Central District Department 513 Joshua Rosenbaum; Plaintiff, vs. General Motors, LLC