Ramirez v. CL Education CA4/3

Filed 9/30/20 Ramirez v. CL Education CA4/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

ALEJANDRO RAMIREZ,

Plaintiff and Appellant, G057779

v. (Super. Ct. No. 30-2017-00912173)

CL EDUCATION, INC. et al., OPINION

Defendants and Respondents.

Appeal from an order of the Superior Court of Orange County, Derek W. Hunt, Judge. Reversed and remanded with directions. Pacific Premier Law Group, Arash Shridel, for Plaintiff and Appellant. Western Law Connection, Christopher G. Weston, for Defendants and Respondents. Plaintiff Alejandro Ramirez (Ramirez) appeals from the trial court’s order on his motion for attorney fees. Ramirez argues the trial court abused its discretion by

awarding without explanation only $1,000 on claimed fees and costs totaling $164,768. We agree. Therefore, we reverse the order and remand with directions for the trial court to reconsider the motion. FACTS AND PROCEDURAL HISTORY Plaintiffs Golnaz Shirdel and Alejandro Ramirez were tutors working for defendants CL Education, Inc., SM Education, Inc., My Kyong Kim, Elaine Kim, and Arlene Kim (defendants). Plaintiffs sued defendants, alleging Labor Code violations. Plaintiff Shirdel was later dismissed, leaving Ramirez as the sole plaintiff. After a series of procedural mishaps, an abortive trial, and various motions, the parties settled the case. Per the terms of the written settlement agreement, Ramirez was “awarded” $25,001. Defendants agreed to and did make four payments of $5,000 to Ramirez, with the remaining $5,001 waived after the first four payments were timely made. The parties also agreed Ramirez was entitled to recover his attorney fees and costs from defendants, and Ramirez agreed to bring his attorney fee motion within 45 days. Ramirez filed his attorney fee motion, seeking $161,947.50 in attorney fees (claiming 196.3 hours at a billing rate of $550 per hour, with a contingency multiplier of 1.5) and $2,820.70 in costs. Ramirez provided a declaration of counsel supporting the motion, and a declaration of another lawyer supporting the billing rate and vouching for the quality of Ramirez’s counsel’s work and the reasonableness of his hourly rate. Defendants opposed the motion, arguing (1) Ramirez’s counsel’s work on the case was largely rote, (2) the amount actually paid ($20,000) was below the jurisdictional limit of the court, giving the court discretion to deny or greatly reduce fees and costs, and (3) the fees and costs were not supported by sufficient evidence, particularly with regard to fees incurred in representing the dismissed plaintiff Shirdel and the time spent by Ramirez’s counsel traveling to court. In support of their opposition, defendants provided a declaration of counsel, authenticating certain letters sent by Ramirez’s counsel on behalf of plaintiff Shirdel, and