Gezalyan

Gezalyan v. Bmw of North America, LLC

Good Law
697 F. Supp. 2d 1168·2010 WL 1133427·2010 U.S. Dist. LEXIS 34175
United States District Court, Central District of CaliforniaMarch 25, 2010Case SACV08-00852-CJC(ANx)California1,019 words

Opinion

Opinion

Carney, J.

ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES

INTRODUCTION

Plaintiff Sofía Gezalyan brought this case against Defendant BMW of North America (“BMW”) under California’s lemon law, the Song-Beverly Consumer Warranty Act. Ms. Gezalyan sought to have BMW unconditionally repurchase or replace her vehicle. Before Ms. Gezalyan filed her case, BMW offered to repurchase the vehicle subject to certain conditions. Ms. Gezalyan rejected this offer and filed this action on August 1, 2008. On November 5, 2009, BMW unconditionally repurchased Ms. Gezalyan’s vehicle, paying her $58,725.03 in total. Ms. Gezalyan now moves for attorneys’ fees under the Act. For the following reasons, Ms. Gezalyan’s motion is GRANTED.

ANALYSIS

In diversity actions, federal courts look to state law in determining whether a party has a right to attorneys’ fees and how to calculate those fees. Mangold v. Cal. Pub. Util. Comm’n, 67 F.3d 1470, 1478 (9th Cir.1995). Under California law, if a buyer prevails in an action under the Song-Beverly Consumer Warranty Act (the “Act”) she may recover “the aggregate amount of costs and expenses, including attorney’s fees based on actual time expended, determined by the…

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