Elizabeth Nunez vs Evergreen Capital, LLC

employment by the attorneys; and (4) the contingent nature of the fee award. (Serrano v. Priest (Serrano III) (1977) 20 Cal.3d 25, 49.)

However, our own California Supreme Court has stated, “the trial court is not required to include a fee enhancement to the basic lodestar figure for contingent risk, exceptional skill, or other factors, although it retains discretion to do so in the appropriate case; moreover, the party seeking a fee enhancement bears the burden of proof.” (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1138. [emphasis original].) This matter was a straightforward lemon law action that was resolved early in litigation. As such, the Court does not find that a lodestar enhancement is appropriate.

Accordingly, the Court awards attorney fees in favor of Plaintiff in the amount of $9,782.50.

Plaintiff’s memorandum of costs seeks total costs in the amount of $2,662.95. Defendant seeks to tax the costs in their entirety for Plaintiff’s failure to file a memorandum of costs and for failure to provide support for the claimed costs. Forms MC-010 and MC-011 are optional forms. The memorandum of costs on pleading paper is acceptable. Further, once the verified memorandum of costs is filed it serves as prima facie evidence of the reasonableness of the costs listed. The burden is then of the opposing party to challenge the costs. Here, Defendant did not directly challenge the costs. As such, the request to tax costs is denied. Accordingly, costs are awarded in the amount of $2,662.95.

Plaintiff is awarded total attorney fees and costs in the amount of $12,445.45.

Attorney fees and costs are to be paid within thirty (30) days of this Court’s order.

26CV-04534 Elizabeth Nunez vs Evergreen Capital, LLC

Order to Show Cause

Appearance required.