Fonseca, David vs. Chimienti & Associates

Case No.: VCU315048 Date: May 26, 2026

Time: 8:30 A.M. Dept. 2-The Honorable Bret D. Hillman Motion: Continued Motion for Preliminary Approval Tentative Ruling: To grant the motion; to set the motion for final approval for January 12, 2027, 8:30 am, Dept.

2.

Background

The Court previously continued this matter and ordered a supplemental declaration as to the lodestar, the presently incurred costs of counsel and the administrative costs. On May 19, 2026, Plaintiff's counsel filed a supplemental declaration addressing these issues as follows. Attorneys' Fees and Costs Attorneys' fees and costs no greater than of 33.3% of the gross settlement fund of $650,000 or $216,666.67 are sought in this matter. Counsel has utilized the percentage of common fund methodology as well as provided adequate lodestar information to evaluate the reasonableness of the fee request.

However, the Court notes that the stated rates are already higher than what is typically "... prevailing in the community for similar work." (PLCM Group Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095.) The Court, therefore, adjusts the hourly rates as follows: Kopelowitz Ostrow, P.A.: Name | Stated Hourly Rate | Approved Hourly Rate | Hours | Adjusted Total | Jeff Ostrow | $1,100 | $900 | 18.5 | $16,650 | Kenneth J. Grunfeld | $1,025 |

$850 | 0.2 | $170 | Kristen L. Cardoso | $950 | $800 | 52.4 | $41,920 | Courtney E. Maccarone | $900 | $750 | 8.9 | $6,675 | Steven P. Sukert | $815 | $675 | .2 | $135 | Andrew W. Haussdorf | $250 |

$150 | 2.8 | $420 | Allyson Stuart | $250 | $150 | 1 | $150 | Adjusted Base Lodestar - Kopelowitz Ostrow, P.A.: $66,120 | Siri & Glimstad, LLP: Name | Stated Hourly Rate | Approved Hourly Rate | Hours | Adjusted Total | Tyler Bean | $905 | $750 | 20.2 | $15,150 | Catherine Ybarra

| $1,020 | $850 | 15.8 | $13,430 | Neil Williams | $625 | $500 | 40 | $20,000 | Kennedy Brian | $625 | $500 | 9.7 | $4,850 | Alcira Pena | $325 | $250 | 5.1 | $1,275 | Delilah Estefano

| $280 | $150 | 60.2 | $9,030 | Cherie Cornfield | $280 | $150 | 17.8 | $2,670 | Adjusted Base Lodestar - Siri & Glimstad, LLP: $66,405 | Ellzey Kherkher Sanford Montgomery, LLP: Name | Stated Hourly Rate | Approved Hourly Rate | Hours | Adjusted Total | Leigh S. Montgomery | $950 | $800 | 32.9 |

$26,320 | Josh Sanford | $1,000 | $850 | 10.6 | $9,010 | Natischa Volpe | $650 | $500 | 11.9 | $5,950 | Alice Newlin | $260 | $150 | 2.3 | $345 | Raya Jacob | $225 | $150 | 5.7 |

$855 | Katheryn Orms | $225 | $150 | .3 | $45 | Adjusted Base Lodestar - Ellzey Kherkher Sanford Montgomery, LLP: $42,525 | Strauss Borrelli, PLLC Name | Stated Hourly Rate | Approved Hourly Rate | Hours | Adjusted Total | Raina Borrelli | $800 | $675 | 2.1 | $1,418 | Samuel Strauss | $800 | $675

| 13.6 | $9,180 | Cassandra Miller | $725 | $600 | 23.8 | $14,280 | Alex Phillips | $675 | $500 | 4.2 | $2,100 | Stephen Pigozzi | $600 | $475 | 3.3 | $1,568 | Andrew Gunem | $550 | $425

| 6 | $2,550 | John Erickson | $150 | $150 | 0.6 | $90 | Adjusted Base Lodestar - Strauss Borrelli, PLLC: $31,185 | Therefore, the total adjusted base lodestar is $206,235. To award the $216,666.67 in attorneys' fees as requested, the Court would need to apply a multiplier of.05. The Court permits a maximum lodestar multiple of 1.5 in these cases. Therefore, the fees, as requested, are approved. As to costs, counsel indicates the firms have incurred the following costs: Firm | Incurred Costs | Kopelowitz Ostrow, P.A. | $12,458.46 | Siri & Glimstad, LLP: | $2,413.40 | Ellzey Kherkher Sanford Montgomery, LLP: | $3,015.87 | Strauss Borrelli, PLLC | $3,216.70 |

Total: | $21,204.43 | Therefore, the Court preliminarily approves attorney costs not to exceed $25,000. Claims Administrator The Court previously preliminary approved Simpluris, Inc. as the administrator for this class action. The supplemental declaration indicates administration costs of $59,722.00. The Court approves this cost. Summary Therefore, the Court grants the motion for preliminary approval. Plaintiffs' deductions from the gross settlement of $650,000 are approved as follows: Preliminarily Approved Attorney Fees (33.3%): | $216,666.67 | Preliminarily Approved Attorney Costs (up to): | $25,000.00 | Preliminarily Approved Payment to Plaintiff Fonseca: | $2,500.00 | Preliminarily Approved Payment to Plaintiff Kim: | $2,500.00 | Preliminarily Approved Payment to Plaintiff Simplicio: | $2,500.00 | Preliminarily Approved Payment to Plaintiff Marshall: | $2,500.00 | Preliminarily Approved Payment to Plaintiff Prendez: | $2,500.00 | Preliminarily Approved Settlement Administrator Costs |

$59,722.00 | Preliminarily Approved Net Settlement Amount | $336,111.33 | The Court sets the motion for final approval for January 12, 2027, 8:30 am, Dept.

2. If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order. Court reporters are usually not available for law and motion matters in the civil division. The parties and counsel must provide their own reporter if they want a transcript of the proceedings. Re: Ratliff, Melaina M. vs. Hyundai Motor America, a California corporation