Motion for Attorney Fees
25CV014582: AHMADZAI vs GENERAL MOTORS, LLC 07/29/2026 Hearing on Motion for Attorney Fees in Department 8D
Tentative Ruling
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Department 8D Oral Argument Request Line at (916) 874-7719 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.
The Department 8D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16113421868 and the Zoom Meeting ID is 161 1342 1868. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed on the Court Reporter Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporter-services-transcripts. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000.
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A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with
25CV014582: AHMADZAI vs GENERAL MOTORS, LLC 07/29/2026 Hearing on Motion for Attorney Fees in Department 8D
a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
*** EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN SACRAMENTO, CA 95814. ALL HEARINGS NOTICED FOR DEPARTMENT 25 WILL BE HEARD IN DEPARTMENT 8D OF THE NEW COURTHOUSE. ***
TENTATIVE RULING
Plaintiff Faisal Ahmadzais (Plaintiff) motion for attorneys fees and costs under Civil Code section 1794, subdivision (d) is ruled on herein.
Plaintiffs Notice of Motion does not provide notice of the Courts tentative ruling system, as required by Local Rule 1.06(D). Plaintiffs counsel is directed to contact opposing counsel forthwith to advise opposing counsel of Local Rule 1.06 and the Courts tentative ruling procedure. If Plaintiffs counsel is unable to contact opposing counsel prior to the hearing, Plaintiffs counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory notice to todays tentative rulings), in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B).
Factual Background
This is a lemon law action arising from Plaintiffs purchase of a 2021 Chevrolet Tahoe. On June 20, 2025 Plaintiff filed his Complaint against defendant General Motors, LLC (Defendant). The parties subsequently entered into a settlement agreement, wherein, as relevant here, Defendant agreed to pay Plaintiffs counsels fees in an agreed-upon amount or reasonable attorneys fees, costs, and expenses pursuant to Civil Code section 1794, subdivision (d). (Barahmand Decl., ¶ 3, Exhibit A; Aminpour Decl., ¶ 3. Exhibt A.) Plaintiffs counsel requested attorneys fees and costs in the amount of $10,000, and Defendant counteroffered $5,000. (Barahmand Decl., ¶ 5; Aminpour Decl., ¶ 5.)
Plaintiff now brings the instant motion to recover attorneys fees of $8,652.50, $626.52 in recoverable costs, a lodestar multiplier of 1.1 in the amount of $865.25, and an additional $2,500 for Plaintiffs counsel to review Defendants opposition.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV014582: AHMADZAI vs GENERAL MOTORS, LLC 07/29/2026 Hearing on Motion for Attorney Fees in Department 8D
Defendant filed a late opposition on June 4, 2026, wherein it requests that the Court accept its late opposition under Code of Civil Procedure section 473, subdivision (b). The Court continued the matter to allow Plaintiff to file a reply brief.
Legal Standard
Civil Code section 1794, subdivision (d) provides that a prevailing buyer is entitled to recover costs and expenses, including attorneys fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.
The fee setting inquiry in California ordinarily begins with the lodestar, i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095.) It is not necessary to provide detailed billing timesheets to support an award of attorneys fees under the lodestar method Declarations of counsel setting forth the reasonable hourly rate, the number of hours worked, and the tasks performed are sufficient. (Conception v. Amscam (2014) 223 Cal.App.4th 1309, 1324.) The appropriate hourly rate used to arrive at the lodestar is measured by the prevailing billing rates of comparable private attorneys as the touchstone for determination of that value. (Serrano v. Unruh (1982) 32 Cal.3d 621, 643; see Ketchum v. Moses (2002) 24 Cal.4th 1122, 1132.)
The Court then determines whether the lodestar should be enhanced or decreased by a multiplier based on factors such as (1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, [and] (4) the contingent nature of the fee award. [Citation.] [Citation.] (Amaral v. Cintas Corp. No. 2 (2008) 163 Cal.App.4th 1157, 1216.) There is no hard-and-fast rule limiting the factors that may justify an exercise of judicial discretion to increase or decrease a lodestar calculation. [Citation.] There are numerous such factors, and their evaluation is entrusted to a trial courts sound discretion; any one of those factors may be responsible for enhancing or reducing the lodestar. (Krumme v. Mercury Ins. Co. (2004) 123 Cal.App.4th 924, 947.)
Discussion
Plaintiffs counsel Brandon Aminpour (Aminpour) attests to billing 9.65 hours at a rate of $400.00 an hour, totaling $3,860. (Aminpour Decl., ¶ 6, Exhibit B.) Plaintiffs counsel Navid Barahmand (Barahmand) attests to billing 11.5 hours at a rate of $425, which Barahmand computes as $3,645. (Barahmand Decl., ¶ 6.) Barahmand also estimates recoverable costs in the amount of $626.50. (Id. at ¶ 7., Exhibit C.) Initially, Aminpours claimed attorneys fees of $3,860 (9.65 hours × $400.00 per hour) are supported by the accompanying declaration and exhibit (see Aminpour Decl., ¶ 6, Exhibit B). Barahmands accompanying declaration and Exhibit B show that Barahmands hourly rate increased from $400 to $425 in October 2025 and
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV014582: AHMADZAI vs GENERAL MOTORS, LLC 07/29/2026 Hearing on Motion for Attorney Fees in Department 8D
that Barahmand billed a total of $4,792.50 for 11.5 hours in this matter. (See Barahmand Decl., Exhibit B.)
Taken together, Aminpours claimed attorneys fees of $3,860 and Barahmands attorneys fees of $4,792.50 set forth in Exhibit B to Barahmands declaration yield a lodestar of $8,652.50, which is consistent with the amount of attorneys fees requested in Plaintiffs motion. (See MPA, p. 3.) Plaintiffs counsel also request a lodestar multiplier of 1.1 in the amount of $865.25, plus additional $2,500 in connection with drafting the present motion and reply brief, for a total fee award of $12,017.75. Plaintiffs counsel further request costs of $626.52, as set forth in Appendix 1 to Plaintiffs Memorandum of Points and Authorities and Exhibit C to the Barahmand Declaration, which allocates $20 to the filing fee for Plaintiffs reply to Defendants opposition to the present motion. In total, Plaintiffs counsel request attorneys fees and costs of $12,644.27.
In opposition, Defendant argues that Plaintiffs counsels claimed fees are unreasonable and excessive. Defendant disputes all claimed fees for 2.9 hours of prelitigation work, arguing that the time spent evaluating potential clients prior to engagement and preparing fee agreements is a business expense routinely treated as overhead. Defendant also disputes 1 hour of 1.5 total hours claimed in drafting the Complaint, arguing that Plaintiffs counsel impermissibly combined multiple discrete tasks into a single billing entry (e.g., drafting multiple documents and filing the same) and that the Complaint filed in this action was standard lemon law complaint that was not drafted from scratch.
Next, Defendant disputes duplicate entries for.3 hours and.2 hours for billed by both Aminpour and Barahmand on August 7, 2025, and October 5, 2025, as well as 9.8 hours billed for routine communications and internal discussions, arguing that the billing descriptions are vague and fail to establish the substance or necessity of the work performed. Lastly, Defendant disputes Plaintiffs counsels claimed anticipated fees and costs in the amount of $2,500 and $100, respectively, arguing that such claimed amounts represent speculative bill padding.
On reply, Plaintiffs counsel argue that their pre-litigation work was not overhead but instead reasonably related to the commencement and prosecution of the action. Counsel also insist that their internal communications were reasonable and non-duplicative. Counsel further argue that the time spent on the present motion is compensable within the meaning of Code of Civil Procedure section 1794, subdivision (d).
The reasonable market value of an attorneys services is the measure of the reasonable hourly rate, which is the rate prevailing in the community for similar work. (PLCM Group Inc. v. Drexler (2000) 22 Cal.4th 1084, 1094-1095.) The Court exercises its own judgment and its own familiarity with these matters and finds that the requested hourly rates of $400 and $425 are reasonable for this type of case, in this community, for attorneys of similar skill and experience.
Defendants counsel challenges Plaintiffs counsels 2.9 claimed hours of prelitigation work on
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV014582: AHMADZAI vs GENERAL MOTORS, LLC 07/29/2026 Hearing on Motion for Attorney Fees in Department 8D
the basis that such work constitutes overhead, citing Goglin v. BMW of North America LLC, (2016) 4 Cal.App.5th 462. However, the Court of Appeal in Goglin affirmed an award of attorneys fees to a plaintiff who refused to accept a prelitigation settlement from vehicle manufacturer defendants due to the settlements unfavorable terms. The Court is unclear how Goglin supports Defendants counsels argument or relates to the facts this case, which did not involve a prelitigation settlement. Furthermore, Code of Civil Procedure section 1794, subdivision (d) explicitly allows for recovery of attorneys fees in connection with the commencement and prosecution of an action under the Song-Beverly Consumer Warranty Act.
Accordingly, the Court declines to strike the 2.9 hours from Plaintiffs counsels claimed attorneys fees. For the same reason, the Court declines to strike the Plaintiffs counsels speculative fees and costs of $2,500 and $100, respectively, for drafting the present motion and reply brief, as such work was not speculative and was in fact performed as part of the prosecution of this action.
However, Defendant is correct that the billing records indicate that some of Plaintiffs attorneys time entries contain block-billing which prevents the Court from determining whether the time entries are reasonable. The Court also agrees that Plaintiffs counsels billing entries reflect some lack of efficiency with duplicate entries on August 7, 2025, and October 5, 2025. It is appropriate for a trial court to reduce a fee award based on its reasonable determination that a routine, noncomplex case was overstaffed to a degree that significant inefficiencies and inflated fees resulted." (Morris v.
Hyundai Motor America (2019) 41 Cal.App.5th 24, 29.) The Court finds that 1 hour of 1.5 total hours claimed in drafting the Complaint and related documents in a standard lemon law action should be stricken from the claimed hours, representing a reduction of $400. Because both Aminpour and Barahmand claimed a total of.5 hours on August 7, 2025, and October 5, 2025 for reviewing Defendants Answer and for document production, respectively, Court reduces claimed fees by such amount, equal to $200.
The Court further finds that Plaintiff's attorneys billing records reflect excessive and duplicative billing for communications with other counsel and the client given the nature of this action; indeed, it is unclear whether time allocated is to drafting or reading emails. Thus, the Court agrees that 4 of the 14 hours in this category, representing $1,650, will not be allowed.
Lastly, the Court denies Plaintiffs request for a lodestar multiplier for a relatively straightforward lemon law case that was not complex.
Based on the foregoing, the Court awards attorneys fees of $8,902.50 to Defendants counsel (i.e., claimed lodestar fees of $8,652.50, plus $2,500 for the present motion and reply, less adjustments of $400, $200, and $1,650.) The Court also awards costs of $626.52, for a total award of $9,529.02.
Disposition
Plaintiffs motion for attorneys fees and costs is GRANTED in the amount of $9,529.02.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV014582: AHMADZAI vs GENERAL MOTORS, LLC 07/29/2026 Hearing on Motion for Attorney Fees in Department 8D
The minute order is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.