CALVIN JENN ET AL VS. TOYOTA MOTOR SALES, U.S.A., INC. ET AL

SF Superior Court - Law & Motion / Discovery Dept 302 - CGC24614316 - June 3, 2025 Hearing date: June 3, 2025 Case number: CGC24614316 Case title: CALVIN JENN ET AL VS. TOYOTA MOTOR SALES, U.S.A., INC. ET AL Case Number: | | CGC24614316 | Case Title: | | CALVIN JENN ET AL VS. TOYOTA MOTOR SALES, U.S.A., INC. ET AL | Court Date: | | 2025-06-03 09:00 AM | Calendar Matter: | | MOTION FOR PAYMENT OF ATTORNEY'S FEES AND REIMBURSEMENT OF COSTS AND EXPENSES | Rulings: | | Matter on the Law & Motion/Discovery Calendar for Tuesday, June 03, 2025, Line 8, PLAINTIFF CALVIN JENN, FUSAMI JENN's Motion For Payment Of Attorney's Fees And Reimbursement Of Costs And Expenses. (Part 2 of 2).

Defendant's argument that much of the time the time spent drafting this motion should not be allowed because it was unnecessary and it's disproportional to the amount of fees recoverable on the merits is not well taken. The motion was reasonably necessary, and the time was reasonably spent (less the time disallowed by the court). Here, Section 1794(d) seems to require a demonstration of time spent on the matter (i.e., a fee motion) and a fee motion was otherwise necessary here because Defendant agreed to pay attorney's fees only "in an amount determined by the Court by way of noticed motion to have been reasonably incurred by Plaintiffs' in the commencement and prosecution of this action."

The court is not going to determine a fee amount absent a noticed motion, like the one Plaintiffs filed and have prosecuted. The reasonableness of Plaintiffs' costs is undisputed. Thus, the court finds Plaintiffs shall recover attorney's fees of $19,696. Plaintiff shall recover costs of $508.28.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.