Erick M. Moron and Mauricio Moron-Gonzalez v. General Motors LLC and Does 1 to 10, inclusive

District Court, S.D. California·Decided February 9, 2026·No. 3:25-cv-02458·Unknown

Opinion

ERICK M. MORON, an individual, and Case No.: 3:25-cv-02458-H-BLM MAURICIO MORON-GONZALEZ, an individual, ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR Plaintiffs, ATTORNEYS’ FEES v. [Doc. No. 19.] GENERAL MOTORS LLC, a Delaware limited liability company, and DOES 1 to 10, inclusive, Defendants.

On December 19, 2025, Plaintiffs Erick M. Moron and Mauricio Moron-Gonzalez (“Plaintiffs”) filed a motion for attorneys’ fees. (Doc. No. 19.) On December 30, 2025, Defendant General Motors (“GM”) filed a response in opposition to Plaintiffs’ motion. (Doc. No. 20.) On February 2, 2026, Plaintiffs filed a reply. (Doc. No. 26.) On February 3, 2026, the Court took the matter under submission. (Doc. No. 27.) For the reasons below, the Court grants in part Plaintiffs’ motion for attorneys’ fees. Background On August 14, 2025, Plaintiffs filed a complaint in the Superior Court of California, County of San Diego against Defendant, alleging causes of action for: (1) violation of Civil Code § 1793.2(d); (2) violation of Civil Code § 1793.2(b); (3) violation of Civil Code § 1793.2(a)(3); (4) breach of the implied warranty of merchantability in violation of Civil Code § 1791.1 and § 1794; and (5) violation of the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301-2312. (Id. ¶¶ 8-44.) On September 17, 2025, Defendant filed an answer to Plaintiffs’ complaint. (Doc. No. 1-3, Answer.) Subsequently, on September 18, 2025, Defendant timely removed the action to United States District Court for the Southern District of California pursuant to 28 U.S.C. §§ 1332(a) and 1446(b) on the basis of diversity jurisdiction. (Doc. No. 1, Notice of Removal.) On October 10, 2025, Plaintiffs filed a motion to remand. (Doc. No. 8.) On November 21, 2025, the Court denied Plaintiffs’ motion. (Doc. No. 16.) On October 29, 2025, following a neutral evaluation conference, the parties partially settled except as to attorneys’ fees and costs. (Doc. No. 10.) On December 12, 2025, after weeks of discussion regarding attorneys’ fees and costs without resolution, the Court ordered Plaintiffs to file a motion for attorneys’ fees, costs, and expenses. (Doc. No. 18.) On December 17, 2025, the parties partially resolved this matter via Defendant’s Offer of Judgment Pursuant to Federal Rule of Civil Procedure 68 (“Rule 68 Offer”). (Doc. No. 19-6.) In the Rule 68 Offer, the parties agreed “Plaintiffs’ attorney’s fees, expenses and costs that have been reasonably incurred pursuant to California Civil Code § 1794(d) may be determined by the Court via noticed motion. For purposes of any such motion, GM will agree that Plaintiffs are the prevailing party.” (Doc. No. 19 at 5; Doc. No. 19-6 ¶ 4, Rule 68 Offer; Doc. No. 20 at 2.) By the present motion, Plaintiffs move for attorneys’ fees, costs, and expenses pursuant to Civil Code § 1794(d) of the Song-Beverly Consumer Warranty Act. (Doc. No. 19 at 2, 18.) Specifically, Plaintiffs request that the Court award attorneys’ fees in the amount of $27,337.501 plus a lodestar multiplier of .2 in the amount of $4,922.50. (Id. at 1-2, 18.) See Fed. R. Civ. P. 54(d)(2)(B)(iii) (requiring that any motion for attorney’s fees 1 Plaintiffs request attorneys’ fees in the amount of $24,612.50 with anticipated time of $2,725.00. must “state the amount sought or provide a fair estimate of it”). Plaintiffs also move this Court for reimbursement of verifiable costs and expenses in the amount of $507.39, totaling $32,767.39. (Doc. No. 19 at 1-2; Doc. No. 26 at 11.) Discussion I. Legal Standard Because Defendant removed this action under diversity jurisdiction, “the law of the state in which the district court sits determines whether a party is entitled to attorney fees,” but “the procedure for requesting an award of attorney fees is governed by federal law.” Carnes v. Zamani, 488 F.3d 1057, 1059 (9th Cir. 2007) (emphasis added) (citation omitted). Thus, California law is determinative “not only [of] the right to fees, but also in the method of calculating the fees.” Mangold v. Cal. Pub. Utilities Comm’n, 67 F.3d 1470, 1478 (9th Cir. 1995) (alteration in original) (citations omitted). Under California Civil Code § 1794, the “prevailing buyer” in a Song-Beverly action “shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney’s fees.” Cal. Civ. Code § 1794(d). The Ninth Circuit utilizes the lodestar method for calculating reasonable attorneys’ fees, “multiplying the number of hours reasonably expended on the litigation by a reasonable hourly rate.” Welch v. Metro. Life Ins. Co., 480 F. 3d 942, 945 (9th Cir. 2007). The burden is on the party seeking fees to establish their reasonableness. Id. at 945-46 (citing Hensley v. Eckerhart, 461 U.S. 424, 437 (1983)). In determining a reasonable hourly rate, the district court should consider: (1) the experience, reputation, and ability of the attorney; (2) the outcome of the proceedings; (3) customary fees; and (4) the novelty or difficulty of the question presented. Hiken v. Dep't of Def., 836 F. 3d 1037, 1044 (9th Cir. 2016) (citing Chalmers v. City of L.A., 796 F.2d 1205, 1211 (9th Cir. 1986)). Additionally, district courts may “rely[] on their own knowledge of customary rates and their experience concerning reasonable and proper fees.” Ingram v. Oroudjian, 647 F. 3d 925, 928 (9th Cir. 2011). District courts have broad “discretion in determining the amount of a fee award ... in view of [their] superior understanding of the litigation and the desirability of avoiding frequent appellate review of what essentially are factual matters.” Hensley, 461 U.S. at 437. The “district court may exclude from the fee request any hours that are ‘excessive, redundant, or otherwise unnecessary.’” Ingram, 647 F.3d at 926 (quoting Hensley, 461 U.S. at 434). If a court determines that some hours billed are not reasonable, it may exclude them using one of two methods: the court may either conduct an “hour-by-hour analysis” of the fee request or make an “across the board percentage cut.” Gonzalez v. City of Maywood, 729 F.3d 1196, 1203 (9th Cir. 2013). II. Analysis The parties do not dispute that Plaintiffs are entitled to attorneys’ fees under § 1794(d) as the prevailing parties in this action. Rather, at issue is whether Plaintiffs’ request for $27,337.50 in attorneys’ fees plus a lodestar multiplier of .2 in the amount of $4,922.50 is reasonable. Defendants do not oppose Plaintiffs’ request for costs in the amount of $507.39. (Doc. No. 19 at 18; Doc. No. 20 at 1, 12.) A. Reasonable Rates The first step in calculating the lodestar is determining the reasonable hourly rate. In determining a reasonable rate for attorneys’ fees, “the burden is on the fee applicant to produce satisfactory evidence—in addition to the attorney’s own affidavits—that the requested rates are in line with those prevailing in the community for similar services by lawyers of reasonably comparable skill, experience, and reputation.” Blum v. Stenson, 465 U.S. 886, 895 n.11 (1984). “The relevant community is that in which the district court

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Erick M. Moron and Mauricio Moron-Gonzalez v. General Motors LLC and Does 1 to 10, inclusive, (S.D. Cal. 2026).

Erick M. Moron and Mauricio Moron-Gonzalez v. General Motors LLC and Does 1 to 10, inclusive (Erick M. Moron and Mauricio Moron-Gonzalez v. General Motors LLC and Does 1 to 10, inclusive) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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