Minutes CivilCal. Super. - 3rd Dist.July 31, 2017SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER Date: January 17, 2019 Time: 8:30 AM Judge: Charles D. Wachob Dept.: EM 42. Reporter: Clerk: (4 y lee Tay lor Filimon, Andrea et al vs. Roseville Toyota et al Cw L Burry [W Present per yn -s7 : Folin Ani A 0} resent jor A [_] And related Cross Action(s) Case # S-CV-0039808 Law and Motion Minutes Proceedings RE: Motion: Attorney's Fees - _] Dropped. C] continued to____ [[] by Plaintiff [_] by Defendant , (] by Stipulation (J by Court ote argued and submitted. [_] Submitted on points and authorities without CT argument C] appearance. [] Motion/Petition granted. [] Motion/Petition denied. [_] Demurrer [_] sustained [_] overruled (_] without [_] with leave to [_] amend (_] answer. (] Counsel appointed for: (_] Taken under submission. [_] Debtor is sworn and retired with counsel for examination. [_] Stipulation to []Judge Pro Tem [_]Commissioner executed in open court. LJ Counsel for to prepare the written order and submit it to opposing counsel for approval as to content and form. [_] Other . whe tentative ruling is adopted as the ruling of the court, to wit: Plaintiffs’ Motion for Attorneys’ Fees and Costs Ruling on Objections Plaintiffs’ objections to the Daniel Costa declaration and David Sidran declaration NN A Va phone are sustained. Plaintiffs’ objections to the John Britton declaration are overruled. Ruling on Motion The motion is granted. In the current motion, plaintiffs seek $34,455.00 in attorneys’ fees under Civil Code section 1780(e) along with $1,459.40 in costs. Determining the reasonable amount of attorney’s fees begins with the lodestar method, i.e. the number of hours reasonably expended multiplied by the reasonable hourly rate. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095; Serrano v. Priest (Serrano III) (1977) 20 Cal.3d 25, 48-49.) The lodestar figure may then be adjusted, based upon factors specific to the case, to fix the fees at a fair market value. (/bid.) Reasonable Number of Hours In determining the lodestar, the court has considering plaintiffs supporting declarations and determines 61.6 hours are reasonable under the circumstances. The court reduces the hours of legal services billed by Mike Mixer from 47.5 hours to 35.5 hours as the court determines 4 hours for the drafting of the complaint in this matter is a reasonable number of hours for a routine complaint that is commonly seen filed in these types of actions as opposed to the 16 hours billed by counsel. Reasonable Hourly Rate rn im, Plaintiff assert hourly rates ranging from $305 to $640 per hour in this case are reasonable hourly rates. “The reasonable hourly rate is that prevailing in the community for similar work.” (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095.) The court has carefully considered this rate as compared to other comparable rates for similar work within Placer County. The court determines that an hourly rate of $350 for the services of Hawk Barry; Hal Rosner; and Mike Mixer along with an hourly rate of $300 for Adriana Gutierrez and Lacee Smith are more in line with rates for similar work performed by counsel of similar skill and experience. In sum, the court reduces the number of hours and hourly rate as seen in the chart below: as HOURS HOURLY | ae NAME OF COUNSEL TOTAL | BILLED RATE Hawk Barry 12.1 $350 $ 4,235.00 Hal Rosner 1.6 $350 $ 560.00 Adriana Gutierrez 0.4 $300 $ 120.00 Mike Mixer 35.5 $350 $12,425.00 Lacee Smith 12.0 $300 $ 3,600.00 61.6 $20,940.00 Plaintiffs’ request for attorneys’ fees is granted with the reductions as mentioned above. Plaintiffs are awarded $20,940.00 in attorneys’ fees. Costs Plaintiffs’ request for costs is granted in its entirety. Plaintiffs are awarded $1,459.40 in costs. Disposition Plaintiffs’ motion is granted. Plaintiffs are awarded $20,940.00 in attorneys’ fees and $1,459.40 in costs.
