KYLE WEBB ET AL VS ROBERTOS AUTO SALES ET AL

Tentative Rulings

Case Number: ****6285 Hearing Date: April 28, 2022 Dept: 74

****6285 KYLE WEBB VS ROBERTOS AUTO SALES

Plaintiff’s Unopposed Motion for Attorney Fees

TENTATIVE RULING: The motion is GRANTED IN PART.

Lodestar is $140,535 for 323.1 hours worked. The law presumes and the court finds the time spent and claimed hourly rates are reasonable.

Plaintiff’s request for a multiplier is DENIED. This case brought pursuant to the Song-Beverly Consumer Warranty Act presented the same issues raised in most Song-Beverly cases. There was nothing particularly novel or difficult about this case separating it from other cases brought pursuant to the Act. The court has considered the novelty and difficulty of the questions involved; the skill displayed in presenting them; the extent to which the nature of the litigation precluded other employment by the attorneys; the contingent nature of the fee award; and the success achieved. The court has also considered counsel’s skill, experience, and hourly rate in determining lodestar. And while counsel ably litigated this case, the quality of representation did not far exceed the quality of representation that would have been provided by an attorney of comparable skill and experience billing at the hourly rates used in the lodestar calculation.

Plaintiff is awarded fees in the amount of $140,535.

Case Number: ****6285    Hearing Date: October 27, 2020    Dept: 74

****6285 KYLE WEBB vs ROBERTOS AUTO SALES

Defense Counsel Cyrus S. Tabibnia’s Motion to be Relieved as Counsel

TENTATIVE RULING: The motion is GRANTED. Moving party to give notice.

Case Number: ****6285    Hearing Date: February 04, 2020    Dept: 74

****6285 KYLE WEBB ET AL VS ROBERTOS AUTO SALES ET AL

Defense Counsel’s Unopposed Motion to Relieved as Counsel of Record

TENTATIVE RULING: The motion is GRANTED. The court sets an OSC re striking the answer for failure obtain counsel for March 3, 2020 at 8:30. Moving party to give notice.

Case Number: ****6285    Hearing Date: February 03, 2020    Dept: 74

****6285 KYLE WEBB VS ROBERTOS AUTO SALES

Great American Insurance Company’s Unopposed Motion to Continue Trial

TENTATIVE RULING: The motion is granted. Trial on the cross complaint is continued to August 24, 2020 at 10:00 a.m. The FSC for the trial on the cross complaint is continued to August 10, 2020 at 8:30 a.m. Moving party to give notice.

Case Number: ****6285    Hearing Date: January 15, 2020    Dept: 74

****6285 KYLE WEBB ET AL VS ROBERTOS AUTO SALES ET AL

Defendant Roberto’s Auto Sales 2’s attorney Cyrus S. Tabibnia, Tabibnia Law Firm’s Motion to Be Relieved as Counsel

TENTATIVE RULING: The hearing is continued to February 4, 2020. Mr. Tabibnia may file a supplemental declaration five court days before the hearing. Moving party to give notice.

Counsel has emailed the motion and other motions, and has sent five emails to client. He has also called the telephone number for the client and served the motion at the last known address. This does not confirm the client is still located at that address, email address, and telephone number. The client is a business, and counsel can confirm whether the business remains operational and whether his contact, Mr. Campos, remains at the business. There has been no confirmation that the last known address is still correct. If the business is closed, a request for a forwarding address should be requested.