Karapetian

ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR AN ORDER REIMBURSING PLAINTIFF’S ATTORNEY FEES, COURT COSTS, AND LITIGATION EXPENSES

INTRODUCTION

Plaintiff Mamikon Karapetian seeks an award of $127,461.73 in attorneys’ fees and costs as the prevailing party under the Song-Beverly Consumer Warranty Act after reaching a settlement of his automobile lemon law claims with Defendant Kia Motors America, Inc. (“KMA”) for approximately $30,000 in restitution and incidental damages. KMA objects to Mr. Karapetian receiving such a significant award, contending that the settlement he ultimately obtained was in fact essentially the same as that KMA had offered to him pursuant to Federal Rule of Civil Procedure 68 almost a year and a half earlier and prior to the time that his attorney incurred the substantial majority of the attorneys’ fees he seeks. After considering the evidence presented by the parties and the arguments of their counsel, the Court concludes that Mr. Karapetian is only entitled to a modest fee and cost award of $20,857.73, which represents the attorney’s fees and costs that he incurred prior to KMA’s Rule 68 offer. The attorneys’ fees and costs that Mr. Karapetian incurred…