MISTY A MIRANDA ET AL VS FCA US LLC ET AL

Tentative Rulings

Case Number: BC625980    Hearing Date: August 13, 2020    Dept: 74

BC625980 MISTY A MIRANDA vs FCA US LLC

Plaintiff’s Motion for Attorney’s Fees

TENTATIVE RULING: The motion is GRANTED. The court awards plaintiff attorney’s fees in the amount of $73,512.50.

Reasonable Rate

In this case, Plaintiffs’ counsel submitted declarations in support of its hourly rates, which range from $225-$650 an hour depending upon their experience in the legal field. (Wirtz Decl. ¶¶ 3-8; Mikhov Decl. ¶¶29-38.) In addition, Plaintiffs’ counsel submitted extensive case law in support of the reasonableness of its fees. (Mikhov Decl. ¶¶41-69 and corresponding exhibits.) Defendants argue that Plaintiff’s rates are unreasonable without support. As such, the court finds Plaintiffs’ counsels’ rates are reasonable.

Reasonable Hours

The litigation of this case spanned the course of two years and nine months and continued to the eve of trial. (MFA p.1: 1; p.5: 9-28.) During the course of this suit, Plaintiffs’ counsel expounded 201.8 hours. (Wirtz Decl. Exhibit A; Mikhov Decl. Exhibit A.) Defendants argue Plaintiffs’ counsel billed an unreasonable excessive amount for such a routine case, which warrants a reduction of the fees by 30%. (Opp. to MFA p. 11: 23-28; p.12: 1-3.) Defendants further note Plaintiffs’ counsel lumped several tasks together in their entries and included administrative tasks. (Opp. to MFA p. 8: 22-28; p.9: 1-8.) While “a fee request ordinarily should be documented in great detail,” the absence of time records and billing statements did not deprive the court of “substantial evidence” to support an award when the attorney provided a declaration under the penalty of perjury which described the work and permitted the trial court to make its own evaluation of the reasonableness of the work done in light of the nature of the case and on the credibility of counsel’s declaration. (Weber v. Langholz (1995) 39 Cal.App.4th 1578, 1587.) The court finds Plaintiffs’ counsel’s hours are reasonable.

Muliplier

The lodestar method may be adjusted based upon the specific considerations of an action so that the fee is calculated at the fair market value of legal services. (Ketchum v. Moses (2001) 104 Cal.Rptr.2d 377, 386.) A fee may be adjusted based upon the following factors, “ (1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, (4) the contingent nature of the fee award.” (Id. at 384.)

Though Plaintiffs’ counsel represented Plaintiffs on a contingency basis, a multiplier is not warranted here because the issues raised were not novel or difficult and this litigation did not preclude other employment by counsels.

Case Number: BC625980    Hearing Date: February 04, 2020    Dept: 74

BC625980 MISTY A MIRANDA VS FCA US LLC

Defendants’ Motion to Strike and/or Tax Costs

TENTATIVE RULING: The motion is GRANTED IN PART. Costs are taxed in the amount of $860.02. Moving party to give notice.

Expert witness fees. Defendant’s motion to tax expert witness fees is denied. Plaintiffs have submitted satisfactory evidence to show the expert witness fees requested were necessarily incurred.

Other fees. Defendants request the Court tax the following items (as sequentially listed in the memorandum of costs): (1) attorney services and messengers for court filings and service in the amount of $900.48; (2) overnight (delivery) in the amount of $98.75; (3) transcript in the amount of $289.42; (4) travel in the amount of $691.91; (5) postage in the amount of $1.30; (6) copies in the amount of $514.20; (7) scans in the amount of $5.80; and (8) Westlaw legal research in the amount of $49.30.

The motion to tax costs incurred for attorney services and messengers for court filings and service is denied. The court finds these costs were reasonably necessary to prosecute this action.

The motion to tax costs incurred for overnight delivery is denied for the same reason.

The motion to tax costs incurred for the transcript of the August 6, 2018 hearing is granted. The court did not order this transcript and it was not reasonably necessary to prosecute this action.

The motion to tax costs incurred for travel to court appearances is denied. The court finds these costs were reasonably necessary to prosecute this action.

The motion to tax costs incurred for postage, copies and scans is granted. Plaintiffs do not sufficiently itemize these costs. Therefore, the Court cannot find the costs incurred were reasonably necessary.

The motion to tax costs incurred for Westlaw legal research is denied for the same reason.

Attorney fees. Plaintiffs’ request for attorney fees is denied without prejudice to a properly noticed fee motion.

Conclusion

Defendants’ motion to tax costs is granted in part. The following costs are taxed: transcript in the amount of $289.42; postage in the amount of $1.30; copies in the amount of $514.20; scans in the amount of $5.80; and Westlaw legal research in the amount of $49.30.