Natl. Default Serv. Corp. v. Claimants to Surplus Funds

v. Priest (Serrano III) (1977) 20 Cal.3d 25, 48–49.) The lodestar figure may then be adjusted, based upon factors specific to the case, to fix the fees at a fair market value for the legal services provided. (PLCM Group v. Drexler, supra, 22 Cal.4th at p. 1095.)

The court has carefully reviewed the declaration of counsel June Kim and exhibits thereto. Plaintiff’s counsel’s firm charged hourly rates of $530 for counsel Vanessa Oliva, rates ranging from $415 to $445 for counsel June Kim, and rates ranging from $210 to $215 for two paralegals. The court finds a reduction in hourly rate is required in light of the cost of comparable legal services in Placer County for a case of this nature. The court finds an hourly rate of $450 is reasonable for counsel Oliva, an hourly rate of $415 is reasonable for counsel Kim, and an hourly rate of $150 is reasonable for paralegal services.

Turning next to the question of whether the number of hours expended were reasonable, the court has carefully reviewed the declaration of counsel Kim and the billing invoice attached thereto as Exhibit 6. The billing invoice supports 33.90 total hours of incurred time. Plaintiff also submits evidence supporting 4.6 hours incurred drafting this motion for fees and reviewing the opposition and preparing the reply. (Supp. Decl. Kim.) With respect to Exhibit 6, the court observes a few instances where the work appears duplicative or unnecessary to the prosecution of the action.

The court also observes instances where the work performed is insufficiently explained. In light of these observations, a small reduction in hours is appropriate and the court approves a total of 31.4 hours. This total includes both the time incurred while the case was pending and on litigating this motion for fees. The court awards plaintiff attorneys’ fees as follows: - 1.9 hours at a reduced hourly rate of $450 (counsel Oliva) - 25.4 hours at a reduced hourly rate of $415 (counsel Kim) - 4.1 hours at a reduced hourly rate of $150 (paralegals Carreno and Caro)

As to costs, plaintiff seeks $892.42 and provides a memorandum of costs supporting that amount. Defendant concedes this amount both by not timely filing a motion to tax costs and expressly in the opposition. The court awards costs of $892.42 as requested.

Accordingly, plaintiff’s motion is granted in part. Plaintiff is awarded attorneys’ fees of $12,011 and costs in the amount of $892.42 for a total of $12,903.42.

13. S-CV-0054661 Natl. Default Serv. Corp. v. Claimants to Surplus Funds