Ricardo sepulveda, Plaintiff, v. general motors, llc, et al. Defendants.
Case No.: 18STCV01339
Hearing Date: October 14, 2020
[TENTATIVE] order RE:
motion for attorney fees and costs
Background
This is a lemon law case commenced by Plaintiff Ricardo Sepulveda (Plaintiff) against Defendant General Motors LLC (GM) on October 15, 2018. The Complaint asserts causes of action predicated on violations of the Song-Beverly Act.
On February 17, 2020, Plaintiff accepted GM’s CCP section 998 offer of compromise. Pursuant to the offer, GM agreed to pay Plaintiff $52,000 in exchange for return of the subject vehicle to GM. (Barry Decl. Ex. 4.) The parties agreed that Plaintiff’s request for attorney fees and costs would be determined by noticed motion and that Plaintiff would be the prevailing party in said motion. (Ibid.)
Legal Standard
A prevailing buyer in a lawsuit under the Song-Beverly Act is entitled to recover reasonable attorney fees: “If the buyer prevails in an action under this
Hearing Date
October 14, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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Ricardo sepulveda, Plaintiff, v. general motors, llc, et al. Defendants.
Case No.: 18STCV01339
Hearing Date: October 14, 2020
[TENTATIVE] order RE:
motion for attorney fees and costs
Background
This is a lemon law case commenced by Plaintiff Ricardo Sepulveda (Plaintiff) against Defendant General Motors LLC (GM) on October 15, 2018. The Complaint asserts causes of action predicated on violations of the Song-Beverly Act.
On February 17, 2020, Plaintiff accepted GM’s CCP section 998 offer of compromise. Pursuant to the offer, GM agreed to pay Plaintiff $52,000 in exchange for return of the subject vehicle to GM. (Barry Decl. Ex. 4.) The parties agreed that Plaintiff’s request for attorney fees and costs would be determined by noticed motion and that Plaintiff would be the prevailing party in said motion. (Ibid.)
Legal Standard
A prevailing buyer in a lawsuit under the Song-Beverly Act is entitled to recover reasonable attorney fees: “If the buyer prevails in an action under this