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.
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12/06/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
ELIZABETH ALLEN WHITE
POINTER RYAN T.
DOES 1 TO 20
GENERAL MOTORS LLC
BARRY DAVID N. ESQ.
ARENS MARY LYNN ESQ.
ARENS MARY LYNN
5/15/2018: Minute Order
5/15/2018: CASE MANAGEMENT ORDER
6/5/2018: Unknown
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
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
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
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
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
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
10/4/2018: Request for Judicial Notice
10/4/2018: Declaration
10/16/2018: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
10/18/2018: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
10/18/2018: Minute Order
11/14/2018: Memorandum of Points & Authorities
11/19/2018: Request for Judicial Notice
11/29/2018: Order
12/6/2017: SUMMONS
Notice Re: Continuance of Hearing and Order; Filed by Clerk
at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion for Protective Order
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)
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
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
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
Ruling: Motion to Compel Further Responses to Requests for Production of Documents; Filed by Clerk
Ruling: Motion to Compel Further Responses to Special Interrogatories; Filed by Clerk
Minute Order ((Hearing on Plaintiff Ryan T. Pointer's Motion to Compel Gener...)); Filed by Clerk
Ruling: Motion to Compel Further Responses to Form Interrogatories; Filed by Clerk
Notice of Case Management Conference; Filed by Ryan T. Pointer (Plaintiff)
Answer; Filed by General Motors LLC (Defendant)
ANSWER OF DEFENDANT GENERAL MOTORS LLC TO UNVERIFIED COMPLAINT OF PLAINTIFF RYAN T. POINTER
NOTICE OF CASE MANAGEMENT CONFERENCE
Notice of Case Management Conference; Filed by Clerk
PROOF OF SERVICE OF SUMMONS
Proof-Service/Summons; Filed by Ryan T. Pointer (Plaintiff)
COMPLAINT FOR DAMAGES
SUMMONS
Complaint; Filed by Ryan T. Pointer (Plaintiff)
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.