Judge: Andrew E. Cooper, Case: 20CHCV00200, Date: 2024-11-12 Tentative Ruling

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Case Number: 20CHCV00200    Hearing Date: November 12, 2024    Dept: F51

MOTION FOR ATTORNEY FEES

Motion Filed: 7/26/24

MOVING PARTY: Plaintiff Sierra Canyon School (“Plaintiff”)

RESPONDING PARTY: None

NOTICE: OK

RELIEF REQUESTED: An order granting Plaintiff its attorney fees in the amount of $22,100.00.

TENTATIVE RULING: The unopposed motion is granted. Plaintiff is awarded $22,100.00 in attorney fees.

BACKGROUND

This is a collections action in which Plaintiff, a non-profit school, alleges that Defendant failed to pay $35,070.00 of tuition for his child’s enrollment during the 2015-2016 school year. On 3/16/20, Plaintiff filed its complaint, alleging against Defendant and his wife the following causes of action: (1) Goods Sold & Delivered; (2) Account Stated; (3) Open Book Account; (4) Breach of Contract; and (5) Unjust Enrichment.

On 8/11/20, the Court granted Plaintiff default judgment against both defendants. On 2/1/21, the Court granted defendants’ motion to set aside the default judgment. On 2/22/21, defendants filed their answer.

On 5/23/24, the Court granted Plaintiff’s unopposed motion for summary judgment. On 6/4/24, the Court entered a judgment in favor of Plaintiff and against Defendants “in the principal sum of $35,070.00, together with interest thereon at the rate of 10% per annum in the sum of $27,907.44, costs of suit in the sum of $1,867.36, plus attorney’s fees to be determined pursuant to a noticed motion.” (6/4/24 Judgment 1:22–25.)

On 7/26/24, Plaintiff filed the instant motion. No opposition has been filed to date.

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ANALYSIS

“In any action on a contract, where the contract specifically provides that attorney’s fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney’s fees in addition to other costs.” (Civ. Code § 1717, subd. (a).)

Here, Plaintiff states that “Plaintiffs complaint requested attorney’s fees pursuant to the” Student Enrollment Agreements breached by Defendants. (Pl.’s Mot. 3:21.) Specifically, the contract entered into between the parties provides that “Parents agree to pay any and all costs and expenses, including attorney fees, incurred by School in the collection of any of the amounts due or in the enforcement of any of the provisions of this agreement.” (Ex. 1 to Decl. of Michael D. Frischer, ¶ 6.) Therefore, here, Plaintiff is entitled to reasonable attorney fees as the prevailing party.

1.      Attorney Fees Incurred

In determining a reasonable fee award, the Court begins with the lodestar method of calculation, i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate.¿(Karton v. Ari Design & Construction, Inc. (2021) 61 Cal.App.5th 734, 744; PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095–1096.) Here, Plaintiff seeks to recover $22,100.00 in attorney fees, encompassing 47.0 total hours of its attorneys’ time. (Frischer Decl. ¶ 9.)

The Court notes that Defendants have failed to file any opposition to the instant motion, and therefore do not challenge the reasonableness of Plaintiff’s attorney fees incurred. Accordingly, the Court grants Plaintiff’s motion to recover $22,100.00 in reasonable attorney fees.

CONCLUSION

The unopposed motion is granted. Plaintiff is awarded $22,100.00 in attorney fees.