Neamati v. Elite Property Management

contingency cases as a class. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1138 (Ketchum).) The aim is to compensate attorneys at fair market value as an inducement to accept these cases. (Id.)

“A trial court should award a multiplier for exceptional representation only when the quality of representation far exceeds the quality of representation that would have been provided by an attorney of comparable skill and experience billing at the hourly rate used in the lodestar calculation. Otherwise, the fee award will result in unfair double counting and be unreasonable. Nor should a fee enhancement be imposed for the purpose of punishing the losing party.” (Ketchum, supra, 24 Cal.4th at p. 1139.)

The Court further has the discretion to adjust the lodestar downward where appropriate. (Ketchum, supra, 24 Cal.4th at p. 1132, Chavez v. Netflix, Inc. (2008) 162 Cal.App.4th 43, 64.)

The representation of Plaintiffs did not exceed the quality of representation that would have been provided by an attorney of comparable skill and experience billing at the hourly rates reviewed above because the action did not involve any novel and difficult issues of law. The legal and factual issues presented were straightforward. Counsels’ declarations also did not present any facts to show that they were precluded from taking on other employment. The only element established by Plaintiffs, relevant to multipliers, is that Counsels took the case on a contingency basis. However, showing only one of three factors is insufficient to award a multiplier. Because of these facts, the Court is not persuaded that a fee enhancement is awardable in this case. Plaintiffs’ request for a fee enhancement is unpersuasive. Plaintiffs’ request for a 1.5 multiplier is DENIED.

The motion for attorneys’ fees is GRANTED at the reduced amount of $26,538.00. NTA is awarded $12,978.00. Wirtz is awarded $13,560.00. IT IS SO ORDERED, CLERK TO GIVE NOTICE.

Neamati v Elite Property Management E x parte application to continue trial set in August. This case was filed Jan. 2025. Defendant Elite Property appeared in the case in June 2025. Car Park appeared May 2026. Kadima appeared May 2026. Good cause is shown. The court grants the application to continue and will set Trial and FSC in April 2027. Discovery cutoffs will apply per the new trial date and will remain open. NO FURTHER CONTINUANCES.