This case was last updated from Los Angeles County Superior Courts on 05/31/2019 at 06:08:15 (UTC).

RYAN T POINTER VS GENERAL MOTORS LLC

Case Summary

On 12/06/2017 RYAN T POINTER filed a Contract - Other Contract lawsuit against GENERAL MOTORS 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:

    ****5912

  • Filing Date:

    12/06/2017

  • 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

POINTER RYAN T.

Defendants and Respondents

DOES 1 TO 20

GENERAL MOTORS LLC

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

BARRY DAVID N. ESQ.

Defendant and Respondent Attorneys

ARENS MARY LYNN ESQ.

ARENS MARY LYNN

 

Court Documents

Minute Order

5/15/2018: Minute Order

CASE MANAGEMENT ORDER

5/15/2018: CASE MANAGEMENT ORDER

Unknown

6/5/2018: Unknown

PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT GENERAL MOTORS LLC'S SUPPLEMENTAL RESPONSES TO REQUESTS FOR PRODUCTION NOS. 31, 37,38 AND 39; MEMORANDUM OF POINTS & AUTHORITIES; REQUEST FO

7/20/2018: PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT GENERAL MOTORS LLC'S SUPPLEMENTAL RESPONSES TO REQUESTS FOR PRODUCTION NOS. 31, 37,38 AND 39; MEMORANDUM OF POINTS & AUTHORITIES; REQUEST FO

PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT GENERAL MOTORS LLC, SUPPLEMENTAL RESPONSES TO FORM INTERROGATORIES 1.1, 12.1,15.1 AND 17.1; MEMORANDUM OF POINTS & AUTHORITIES; REQUEST FOR

7/20/2018: PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT GENERAL MOTORS LLC, SUPPLEMENTAL RESPONSES TO FORM INTERROGATORIES 1.1, 12.1,15.1 AND 17.1; MEMORANDUM OF POINTS & AUTHORITIES; REQUEST FOR

DEFENDANT GENERAL MOTORS LLC'S OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL THE DEPOSITION OF DEFENDANT'S PERSON MOST KNOWLEDGEABLE AND REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTH

7/31/2018: DEFENDANT GENERAL MOTORS LLC'S OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL THE DEPOSITION OF DEFENDANT'S PERSON MOST KNOWLEDGEABLE AND REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTH

DEFENDANT GENERAL MOTORS LLC'S SEPARATE STATEMENT IN SIJPPORT OF OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL THE DEPOSITION OF DEFENDANT'S PERSON MOST KNOWLEDGEABLE AND REQUEST FOR PRODUCTION OF DOCUME

7/31/2018: DEFENDANT GENERAL MOTORS LLC'S SEPARATE STATEMENT IN SIJPPORT OF OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL THE DEPOSITION OF DEFENDANT'S PERSON MOST KNOWLEDGEABLE AND REQUEST FOR PRODUCTION OF DOCUME

PLAINTIFF'S SEPARATE STATEMENT OF ITEMS IN DISPUTE IN SUPPORT OF MOTION TO COMPEL THE DEPOSITION OF DEFENDANT GENERAL MOTORS LLC'S PERSON(S) MOST KNOWLEDGEABLE, WITH PRODUCTION OF DOCUMENTS

8/6/2018: PLAINTIFF'S SEPARATE STATEMENT OF ITEMS IN DISPUTE IN SUPPORT OF MOTION TO COMPEL THE DEPOSITION OF DEFENDANT GENERAL MOTORS LLC'S PERSON(S) MOST KNOWLEDGEABLE, WITH PRODUCTION OF DOCUMENTS

DEFENDANT GENERAL MOTORS LLC'S SEPARATE STATEMENT IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR MONETARY SANCTIONS

10/2/2018: DEFENDANT GENERAL MOTORS LLC'S SEPARATE STATEMENT IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR MONETARY SANCTIONS

Request for Judicial Notice

10/4/2018: Request for Judicial Notice

Declaration

10/4/2018: Declaration

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

10/16/2018: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

10/18/2018: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Minute Order

10/18/2018: Minute Order

Memorandum of Points & Authorities

11/14/2018: Memorandum of Points & Authorities

Request for Judicial Notice

11/19/2018: Request for Judicial Notice

Order

11/29/2018: Order

SUMMONS

12/6/2017: SUMMONS

34 More Documents Available

 

Docket Entries

  • 03/04/2019
  • Notice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 01/28/2019
  • at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion for Protective Order

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  • 12/05/2018
  • Order (Re: Plainitff's Motion(s) to Compel Defendant General Motors LLC's Further Responses to Form Interrogatories, Requests for Production of Documents, and Special Interrogatories with Sanctions); Filed by Ryan T. Pointer (Plaintiff)

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  • 11/29/2018
  • at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion to Compel (Supplemental Responses to Special Interrogatories 1, 14, 25, 26, 40, 55 and 56) - Held - Motion Granted

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  • 11/29/2018
  • at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion to Compel Interrogatories (GM LLC's Supplemental Responses to Form Interrogatories 1.1, 12.1, 15.1 and 17.1; Request for Sanctions) - Held - Motion Granted

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  • 11/29/2018
  • at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion to Compel (Supplemental Responses to Requests for Production Nos. 31, 37, 38 and 39) - Held - Motion Granted

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  • 11/29/2018
  • Ruling: Motion to Compel Further Responses to Requests for Production of Documents; Filed by Clerk

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  • 11/29/2018
  • Ruling: Motion to Compel Further Responses to Special Interrogatories; Filed by Clerk

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  • 11/29/2018
  • Minute Order ((Hearing on Plaintiff Ryan T. Pointer's Motion to Compel Gener...)); Filed by Clerk

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  • 11/29/2018
  • Ruling: Motion to Compel Further Responses to Form Interrogatories; Filed by Clerk

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70 More Docket Entries
  • 04/16/2018
  • Notice of Case Management Conference; Filed by Ryan T. Pointer (Plaintiff)

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  • 01/08/2018
  • Answer; Filed by General Motors LLC (Defendant)

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  • 01/08/2018
  • ANSWER OF DEFENDANT GENERAL MOTORS LLC TO UNVERIFIED COMPLAINT OF PLAINTIFF RYAN T. POINTER

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  • 12/27/2017
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 12/27/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 12/12/2017
  • PROOF OF SERVICE OF SUMMONS

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  • 12/12/2017
  • Proof-Service/Summons; Filed by Ryan T. Pointer (Plaintiff)

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  • 12/06/2017
  • COMPLAINT FOR DAMAGES

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  • 12/06/2017
  • SUMMONS

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  • 12/06/2017
  • Complaint; Filed by Ryan T. Pointer (Plaintiff)

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Tentative Rulings

Case Number: BC685912    Hearing Date: December 18, 2019    Dept: 48

MOTION FOR ATTORNEY’S FEES

MOVING PARTY: Plaintiff Ryan T. Pointer

RESPONDING PARTY(S): Defendant General Motors LLC

PROOF OF SERVICE:

ANALYSIS

Request for Judicial Notice

Defendant’s request that the Court take judicial notice of court documents in other cases is DENIED as not relevant to the determination of this motion. The Court need only take judicial notice of relevant materials. Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063. The Court may deny a request for judicial notice of material unnecessary to its decision. Rivera v. First DataBank, Inc. (2010) 187 Cal.App.4th 709, 713.

Defendant’s Evidentiary Objections

Declaration of Ryan T. Pointer

Nos. 1 – 3: SUSTAINED. Lack of foundation.

Motion for Attorneys’ Fees

Costs

Plaintiff must seek to recover costs by way of the memorandum of costs procedure. CRC Rule 3.1700(a)(1). Accordingly, the motion to recover $5,343.26 in costs and expenses is DENIED without prejudice to Plaintiff seeking to recover such costs via the memorandum of costs, subject to a motion to tax/strike those costs.

Attorney Fees

The parties settled this lawsuit, and Plaintiff now seeks an award of attorney’s fees in the amount of $42,830.00 plus a lodestar multiplier of 1.50 in the amount of $42,415.00 for a total of $64,245.00 in attorney’s fees.

Plaintiff brought causes of action pursuant to the Song-Beverly Act, Civil Code § 1790, et seq.

Pursuant to the Settlement agreement, Plaintiff recovered $107,500.00 in exchange for return of the subject vehicle. Settlement Agreement, Motion, Exh. 3, Page 2, ¶ 2(b). Plaintiff is the prevailing buyer in this action.

The Court finds the hourly rates of $475/hour for a sole practitioner with Plaintiff’s counsel’s experience to be reasonable. Declaration of David N. Barry. ¶ 14. The Court also notes that there was some discovery law and motion after the Complaint was filed, and the parties attended mediation. On the other hand, the issues involved in this case were applicable to other consumers’ vehicles, thereby triggering economies of scale in terms of Plaintiff’s counsel’s efficiency in litigating this type of lemon law case. The Court has reviewed the billing records attached as Exh. 4 to the motion. The Court finds that, given the reduced $475/hour rate, the reasonable amount of attorney’s fees incurred in this action is $38,000.00.

The Court declines to apply any multiplier.

The motion for attorney’s fees is GRANTED in the reduced amount of $38,000.00.