Motion - Attorney’s Fees
Plaintiff Rebecca Vosteen filed a motion for an award of reasonable attorneys’ fees and costs on March 20, 2026. The motion was amended on April 1. A reply brief was filed on May 29. Proof of electronic service entered on March 10, 2026, indicates that Defendant Porsche Cars North America was properly served with notice of the hearing.
Plaintiff seeks an award of reasonable attorney fees, costs, and expenses under the Song-Beverly Act and the Magnuson-Moss Warranty Act as the prevailing party in this action. Under the settlement agreement, defendant purchased back Plaintiff’s allegedly defective vehicle. Plaintiff also argues that defendant agreed to pay Plaintiff’s attorney fees and costs as determined by the Court.
Plaintiff’s reply brief appears to reference an opposition brief filed by the Defendant. However, there is no opposition in the file.
Defendant has not filed a response, nor was an opposition to the motion for fees filed. The failure to oppose is considered consent to the granting of the motion. (Cal. Rules of Court, rule 8.54(c); Local Rule Marin, Civil 2.8G.1.)
Plaintiff’s request for reasonable attorney fees and costs under the parties’ settlement agreement in the amount of $18,090 and costs/expenses of $628.94 is GRANTED. In Plaintiff’s request for a fee enhancement of 20% or $3,618 is also GRANTED and unopposed. The total fees awarded is $21,708. The grand total fee and cost award is $22,336.94. Plaintiff’s request for payment on the order is GRANTED, with payment due 21 days after entry of order.
Plaintiff’s motion is therefore GRANTED in it’s entirely.
Plaintiff to lodge the order.
Parties must comply with Marin County Superior Court Local Rules, Rule 2.10(A), (B), which provides that if a party wants to present oral argument, the party must contact the Court at (415) 444-7046 and all opposing parties by 4:00 p.m. the court day preceding the scheduled hearing. Notice may be by telephone or in person to all other parties that argument is being requested (i.e., it is not necessary to speak with counsel or parties directly.) Unless the Court and all parties have been notified of a request to present oral argument, no oral argument will be permitted except by order of the Court. In the event no party requests oral argument in accordance with Rule 2.10(B), the tentative ruling shall become the order of the court.
IT IS ORDERED that evidentiary hearings shall be in-person in Department L. For routine appearances, the parties may access Department L for video conference via a link on the court website. Kindly turn your camera on when your case is called and make sure the party or lawyer making the appearance is properly identified on the screen.
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FURTHER ORDERED that the parties are responsible for ensuring that they have a good connection and that they are available for the hearing while using the virtual remote courtroom. If the connection is inadequate, the Court may proceed with the hearing in the party’s absence. If it is determined that you are diving your car during the hearing, you will be removed from the virtual courtroom. (Yes, this happens).