Case Number:?BC631631????Hearing Date:?October 30, 2018????Dept:?24
Plaintiff?s Motion for Attorney?s Fees is?continue to November 30, 2018 to allow the parties time to meet and confer as required pursuant to the terms of the parties? settlement agreement. Plaintiff is to file a declaration with the Court, with a courtesy copy filed directly in this department, on or before November 28, 2018 detailing the parties? meet and confer efforts and the outcome of those efforts.
Background:
Plaintiff David Lamden commenced this Lemon Law case on August 24, 2016, against Defendant Mercedes-Benz U.S.A., LLC. Defendant filed its answer on September 26, 2016. A mediation was held on September 29, 2017, which did not resolve the case. The parties executed a settlement agreement and release of claims on or about September 17, 2018. Pursuant to the settlement agreement, Defendant agreed to pay $15,000 to settle the case in exchange for a dismissal with prejudice and a release of all claims. Further, under the agreement, Defendant stipulated that Plaintiff is the ?prevailing party? for ?all purposes,? and Defendant ?agree[d] to pay Plaintiff?s reasonably incurred attorney?s fees, costs, and expenses as defined by Civ. Code section 1794(d). In the event the parties cannot agree on reasonable attorneys? fees, costs and expenses, the parties agree that Defendant shall pay Plaintiff?s attorneys? fees, costs and expenses pursuant to Civil Code section 1794(d) in an amount determined by the Court by way of a noticed motion to the Court, whom will retain jurisdiction to enforce the terms of this Agreement pursuant to Code of Civ. Proc. Section 664.6.? (Plf?s Appendix of Evidence ISO Motion for Attorney?s Fees and Costs, Ex. A.)
Defendant seeks an order pursuant to the parties? settlement agreement and Civil Code ? 1794(d) for an award of attorney?s fees for the litigation in the amount of $283,113.00, costs in the amount of $6,502.55, and attorney?s fees for the instant motion in the amount of $7,000.00.
Discussion:
Plaintiff brings this motion pursuant to the parties? settlement agreement wherein Defendant stipulated that Plaintiff is the prevailing party for all purposes and Defendant would pay Plaintiff?s reasonable attorney?s fees, costs and expenses. However, Defendant also agreed that it would pay Plaintiff?s attorney?s fees, costs and expenses as determined by the Court upon a noticed motion only ?[i]n the event the parties cannot agree on reasonable attorneys? fees, costs and expenses.? The Court interprets this provision as a meet and confer requirement. Yet there is nothing in the moving papers indicating the either party made any good faith attempts to meet and confer to try to determine informally Plaintiff?s reasonable attorney?s fees. As the parties expressly stipulated to this requirement in the settlement agreement, the Court will require the parties to satisfy this requirement before considering and ruling on the motion. Accordingly, the motion is continued to November 30, 2018. During that time the parties are to make good faith attempts to meet and confer in an attempt to determine Plaintiff?s reasonable attorney?s fees, expenses and costs. Plaintiff is to file a declaration, with a courtesy copy filed directly in this department, on or before November 28, 2018 detailing the parties meet and confer efforts?and the outcome of those efforts.
Moving party is ordered to give notice.