Base v. FCA US LLC

Background

Glen R. Base filed an action against FCA US LLC under California’s Song-Beverly Consumer Warranty Act concerning a 2012 Dodge Ram 2500. The opinion says the vehicle developed serious transmission, engine, and electrical problems during the warranty period, and that repeated repairs did not fix them. FCA removed the case from state court based on diversity jurisdiction. The parties later settled for $135,000 plus attorney fees and costs.

Base moved for an award under California Civil Code section 1794(d), requesting $124,215 in attorney fees and $14,797.93 in costs. The requested fee amount included an $82,810 lodestar—the basic fee calculated from reasonable hours multiplied by reasonable hourly rates—plus a 0.5 multiplier enhancement. FCA challenged the requested rates, the amount of time billed, the use of two law firms, travel time, 15-minute billing increments, and various costs.

Attorney Fees

The court concluded that most of the billed time was reasonable. It excluded 12.5 hours of “anticipated” time billed by Larry S. Castruita because Base did not provide supporting documentation. The court declined to reduce travel time, fees based on the involvement of two firms and multiple attorneys, or fees based on HDMN’s use of 15-minute billing increments.

The court adjusted several hourly rates. It found reasonable rates for the attorneys based partly on its experience and rates previously determined in another case. It reduced Christopher Swanson’s rate from $375 to $350 per hour, reduced Mitchell Rosensweig’s rate from $325 to $325 per hour as requested, reduced Steve Mikhov’s rate from $550 to $500 per hour, reduced Russell Higgins’s rate from $450 to $400 per hour, and made other rate determinations described in the opinion. The court awarded no fees for Lauren C. Martin’s work because the record did not establish that her rates were reasonable.

After adjusting the hours and rates, the court calculated a $42,595 lodestar for Knight Law and a $33,037.50 lodestar for HDMN, for a total lodestar of $75,632.50. The court denied Base’s request for a positive 0.5 multiplier. It reasoned that the case was not particularly novel or complex, the statutory fee award was available to a prevailing party, and the approved rates adequately compensated counsel for delay associated with the contingent-fee arrangement.

Costs

The court held that California law governed the request for costs under the Song-Beverly Act, including expenses beyond those generally available under federal cost provisions. It rejected FCA’s challenges to the requested costs, including jury fees, expert-witness expenses, and travel expenses. The court found the costs reasonable and awarded them in full.

Disposition

Chief Magistrate Judge Joseph C. Spero granted in part and denied in part Base’s motion for attorney fees, costs, and expenses. The court awarded $75,632.50 in attorney fees and $14,796.93 in costs. The opinion’s caption identifies the plaintiff as “Glen R. Base,” while the introduction refers to “Galen Base.”