This case was last updated from Los Angeles County Superior Courts on 05/24/2019 at 04:12:20 (UTC).

ISMAEL SAUCEDO VS FCA US LLC

Case Summary

On 11/17/2017 ISMAEL SAUCEDO filed a Contract - Other Contract lawsuit against FCA US LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELIZABETH ALLEN WHITE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3987

  • Filing Date:

    11/17/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

ELIZABETH ALLEN WHITE

 

Party Details

Plaintiff and Petitioner

SAUCEDO ISMAEL

Defendants and Respondents

FCA US LLC

DOES 1 TO 20

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

BARRY DAVID N. ESQ.

ROSENSTEIN MICHAEL HARRIS

Defendant and Respondent Attorneys

PROUDFOOT MATTHEW M. ESQ.

PROUDFOOT MATTHEW M.

 

Court Documents

PLAINTIFF ISMAEL SAUCEDO'S NOTICE OF MOTION AND MOTION TO COMPEL THE DEPOSITION OF DEFENDANT FCA US LLC'S PERSON(S) MOST KNOWLEDGEABLE, WITH PRODUCTION OF DOCUMENTS; ETC.

2/27/2018: PLAINTIFF ISMAEL SAUCEDO'S NOTICE OF MOTION AND MOTION TO COMPEL THE DEPOSITION OF DEFENDANT FCA US LLC'S PERSON(S) MOST KNOWLEDGEABLE, WITH PRODUCTION OF DOCUMENTS; ETC.

PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT FCA US LLC'S (1) FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS NOS. 17, 31, 34, 35, 36, 37, 38, 39; AND (2) CODE-COMPLIANT VERIFI

5/21/2018: PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT FCA US LLC'S (1) FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS NOS. 17, 31, 34, 35, 36, 37, 38, 39; AND (2) CODE-COMPLIANT VERIFI

PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT FCA US LLC'S FURTHER RESPONSES TO: (1) FORM INTERROGATORIES 1.1, 12.1, 15.1 AND 17.1; ETC

5/21/2018: PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT FCA US LLC'S FURTHER RESPONSES TO: (1) FORM INTERROGATORIES 1.1, 12.1, 15.1 AND 17.1; ETC

NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF ISMAEL SAUCEDO'S FURTHER RESPONSES TO THE FORM INTERROGATORIES, SET ONE; REQUES FOR SANCTIONS IN THE AMOUNT OF $1,660.00; DECLARATION OF MARISA E. MADRI

6/26/2018: NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF ISMAEL SAUCEDO'S FURTHER RESPONSES TO THE FORM INTERROGATORIES, SET ONE; REQUES FOR SANCTIONS IN THE AMOUNT OF $1,660.00; DECLARATION OF MARISA E. MADRI

SEPARATE STATEMENT IN SUPPORT OF DEFENDANT FCA US LLC'S MOTION TO COMPEL PLAINTIFF ISMAEL SAUCEDO'S FURTHER RESPONSES TO THE REQUESTS FOR ADMISSION OF THE GENUINENESS OF DOCUMENTS, SET ONE

6/27/2018: SEPARATE STATEMENT IN SUPPORT OF DEFENDANT FCA US LLC'S MOTION TO COMPEL PLAINTIFF ISMAEL SAUCEDO'S FURTHER RESPONSES TO THE REQUESTS FOR ADMISSION OF THE GENUINENESS OF DOCUMENTS, SET ONE

NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF ISMAEL SAUCEDO'S FURTHER RESPONSES TO THE SPECIAL INTERROGATORIES, SET ONE; REQUEST FOR SANCTIONS IN THE AMOUNT OF $1,660.00; DECLARATION OF MARISA E. M

8/28/2018: NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF ISMAEL SAUCEDO'S FURTHER RESPONSES TO THE SPECIAL INTERROGATORIES, SET ONE; REQUEST FOR SANCTIONS IN THE AMOUNT OF $1,660.00; DECLARATION OF MARISA E. M

Request for Judicial Notice

2/11/2019: Request for Judicial Notice

Memorandum of Points & Authorities

2/11/2019: Memorandum of Points & Authorities

Notice of Ruling

2/22/2019: Notice of Ruling

Minute Order

2/26/2019: Minute Order

Unknown

3/5/2019: Unknown

Request for Judicial Notice

4/5/2019: Request for Judicial Notice

Notice

4/12/2019: Notice

Motion in Limine

5/10/2019: Motion in Limine

Motion in Limine

5/10/2019: Motion in Limine

Motion in Limine

5/10/2019: Motion in Limine

NOTICE OF CASE MANAGEMENT CONFERENCE

12/11/2017: NOTICE OF CASE MANAGEMENT CONFERENCE

SUMMONS

11/17/2017: SUMMONS

89 More Documents Available

 

Docket Entries

  • 05/20/2019
  • Exhibit List; Filed by Ismael Saucedo (Plaintiff)

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  • 05/20/2019
  • Statement of the Case; Filed by Ismael Saucedo (Plaintiff)

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  • 05/20/2019
  • Jury Question; Filed by Ismael Saucedo (Plaintiff)

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  • 05/20/2019
  • Witness List; Filed by Ismael Saucedo (Plaintiff)

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  • 05/10/2019
  • Motion in Limine (Number 14 DUI); Filed by Ismael Saucedo (Plaintiff)

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  • 05/10/2019
  • Motion in Limine (Number 2 Attorneys fees); Filed by Ismael Saucedo (Plaintiff)

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  • 05/10/2019
  • Motion in Limine (Number 1 Nonparty Witnesses); Filed by Ismael Saucedo (Plaintiff)

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  • 05/10/2019
  • Motion in Limine (Number 3Hypothetical fixes); Filed by Ismael Saucedo (Plaintiff)

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  • 05/10/2019
  • Motion in Limine (Number 4 Financial condition); Filed by Ismael Saucedo (Plaintiff)

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  • 05/10/2019
  • Motion in Limine (Number 5 Misuse Abuse Neglect); Filed by Ismael Saucedo (Plaintiff)

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132 More Docket Entries
  • 02/27/2018
  • Motion to Compel; Filed by Ismael Saucedo (Plaintiff)

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  • 12/19/2017
  • Answer; Filed by FCA US LLC (Defendant)

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  • 12/19/2017
  • ANSWER TO COMPLAINT

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  • 12/11/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 12/11/2017
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 11/28/2017
  • PROOF OF SERVICE SUMMONS

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  • 11/28/2017
  • Case Management Statement; Filed by Ismael Saucedo (Plaintiff)

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  • 11/17/2017
  • SUMMONS

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  • 11/17/2017
  • Complaint; Filed by Ismael Saucedo (Plaintiff)

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  • 11/17/2017
  • COMPLAINT FOR DAMAGES

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Tentative Rulings

Case Number: BC683987    Hearing Date: January 07, 2020    Dept: 48

MOTION FOR ATTORNEY’S FEES

MOVING PARTY: Plaintiff Ismael Saucedo

RESPONDING PARTY(S): Defendant FCA US LLC

PROOF OF SERVICE:

ANALYSIS

Motion for Attorney’s Fees and Costs

Plaintiff moves for an award of attorney fees, costs and expenses in the total amount of $78,963.02, consisting of $49,603.00 in attorney’s fees, $4,559.27 in costs and expenses and a 1.50 multiplier enhancement ($24,801.75) on the attorney’s fees.

The parties prepared this case for trial, but settled shortly before trial began. According to Plaintiff’s counsel, Plaintiff received a full buyback of the subject vehicle plus nearly $40,000 (a total of over $90,000). Defendant agreed to pay Plaintiff’s attorney’s fees and costs incurred in the subject action, either by way of informal resolution or by way of a motion for attorney’s fees and costs if necessary. Settlement Agreement, ¶ 5 (Barry Decl., Exh. 5).

Costs

On January 6, 2020, Plaintiff filed a memorandum of costs. If Defendant does not file a timely motion to tax costs, the costs will be added to the attorney’s fees order.

Attorney’s Fees

Plaintiff brought two causes of action pursuant to the Song-Beverly Act, Civil Code § 1790, et seq. § 1794(d) provides:

(d) If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney’s fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.

Here, in light of the fact that Plaintiff recovered more than $90,000 and a buyback of the subject vehicle, Plaintiff is the prevailing party under the Song-Beverly Act.

The Court has broad discretion in determining the amount of a reasonable attorney's fee award which will not be overturned absent a “manifest abuse of discretion, a prejudicial error of law, or necessary findings not supported by substantial evidence.” Bernardi v. County of Monterey (2008) 167 Cal. App. 4th 1379, 1393-94. The Court need not explain its calculation of the amount of attorney’s fees awarded in detail; identifying the factors considered in arriving at the amount will suffice. Ventura v. ABM Industries Inc. (2012) 212 Cal.App.4th 258, 274-75.

The Court finds the hourly rates of $475, as set forth in the Declaration of David N. Barry, ¶ 9, and $400 and $600 set forth in the Declaration of Michael H. Rosenstein to be reasonable, with the accompanying observation that attorneys who bill at these hourly rate should not need to research routine issue of law and should resort to boilerplate when it will serve the client’s purposes.

The Court notes that there was a fair amount of discovery motions filed, and Plaintiff had to prepare for trial. The Court finds that the lodestar amount of $49,603.00 is the amount of reasonable attorney’s fees to be awarded.

The Court declines to award any lodestar multiplier to attorney’s fees.

The motion for attorney’s fees is GRANTED in the amount of $49,603.00