White v. FCA US LLC

Background

Michelle J. White sued FCA US LLC under the Song-Beverly Act, alleging that FCA knowingly sold her a vehicle with defects that violated its express and implied warranties. The parties later notified the court that they had settled the case. FCA paid the settlement amount, and White surrendered the vehicle, but the parties could not agree on attorneys’ fees, costs, and expenses. White therefore filed the motion addressed in this order.

The parties did not dispute that White was entitled to fees as the prevailing party under California Civil Code section 1794(d). White requested $56,895 in lodestar fees, a $28,477.50 upward adjustment based on a 1.5 multiplier, and $11,393.55 in costs and expenses. FCA argued that the requested lodestar was excessive and that a positive multiplier was not justified.

Attorneys’ Fees

The court calculated the lodestar by multiplying reasonable hours by reasonable hourly rates. White sought fees for 122.4 hours worked by four attorneys and two paralegals. The court found that most of the time was reasonably incurred but reduced the compensable hours for certain client communications, disallowed one hour for attending an anticipated fee-motion hearing that did not occur, and disallowed 0.3 hours billed by Attorney Friday for taking a non-appearance record.

The court awarded the following hours:

- Attorney Rotman: 43.6 hours - Attorney Underwood: 27.3 hours - Attorney Mellgren: 7.5 hours - Attorney Friday: 0 hours - Paralegal Evans: 31.6 hours - Paralegal Vitanatchi: 4.6 hours

The court accepted the requested hourly rates as reasonable because FCA did not challenge them and the evidence supported rates consistent with the community’s prevailing rates for comparable work. The resulting lodestar was $53,000.

The court denied White’s request for a 1.5 lodestar multiplier. It found that the case involved no novel or especially difficult questions, required little discovery, and was handled by attorneys experienced in Song-Beverly Act cases. The court also found no evidence that the case prevented White’s attorneys from taking other work. It further concluded that the case’s contingent nature, standing alone, did not justify an upward adjustment.

Costs and Expenses

White requested $11,393.55 for costs and expenses related to generating an expert report and processing the case. FCA did not object to those amounts. The court found the costs and expenses reasonably incurred and awarded the full $11,393.55.

Disposition

Judge Beth Labson Freeman granted in part and denied in part White’s motion for attorneys’ fees and costs. The court awarded $53,000 in attorneys’ fees and $11,393.55 in costs, for a total award of $64,393.55. The order terminated the fee motion, identified as ECF No. 57.