Jacobs v. American Honda Motor Co. CA4/3

Filed 12/8/23 Jacobs v. American Honda Motor Co. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

BRIAN JACOBS,

Plaintiff and Appellant, G062739

v. (Super. Ct. No. MCC1900440)

AMERICAN HONDA MOTOR CO., OPINION INC.

Defendant and Respondent.

Appeal from a postjudgment order of the Superior Court of Riverside County, Angel M. Bermudez, Judge. Affirmed. Law Offices of Jim O. Whitworth and Jim O. Whitworth, for Plaintiff and Appellant. Nelson, Mullins, Riley & Scarborough, Michael J. Hurvitz, Ariel N. Redfern and Ian Schuler for Defendant and Respondent.

A prevailing buyer under the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.) (Song-Beverly Act) is entitled to recover attorney fees for time actually expended and reasonably incurred on the case. (Civ. Code § 1794, subd. (d).) Here, Brian Jacobs, the prevailing buyer, sought attorney fees, including paralegal fees, of more than $300,000. The trial court concluded a substantial portion of the claimed fees were not actually spent or reasonably incurred and, exercising its discretion, awarded fees in a substantially reduced amount. Jacobs contends the trial court abused its discretion in reducing the fees. We disagree and affirm.1

FACTS AND PROCEDURAL HISTORY Jacobs bought a 2018 Honda Accord Sport for $33,324.00. About 16 months after the purchase, Jacobs sued American Honda Motor Co., Inc. (AHM) for damages under the Song-Beverly Act, alleging the car suffered from unspecified, unrepaired defects in violation of express and implied warranties. With its answer, AHM served a Code of Civil Procedure section 998 offer to compromise (Original Offer). AHM offered to settle by paying Jacobs “the amount to which [he] is legally entitled under Civil Code section 1793.2, [subdivision] (d)(2)(B)” plus “any incidental and consequential damages to which [he] is legally entitled under Civil Code [s]ections 1793.2, [subdivision] (d)(2)(B) and 1794, [subdivision] (b),”