Judge: Armen Tamzarian, Case: 22STCV34840, Date: 2023-08-28 Tentative Ruling

Please notify Department 52 via email at smcdept52@lacourt.org and indicate that the parties are submitting on the tentative ruling. Please provide the attorney's name and represented party. Please notify the opposing side via email if submitting on the Court's tentative ruling.

Case Number: 22STCV34840    Hearing Date: January 17, 2024    Dept: 52

Plaintiff Ryan Reeder’s Motion for Attorney Fees

Plaintiff Ryan Reeder moves for $11,115 in attorney fees and $1,301.72 in costs from defendant Adam Sandahl. 

Plaintiff is entitled to recover attorney fees under the parties’ written loan agreement.  Plaintiff prevailed on his causes of action for breach of loan agreement and for common counts arising from the same dispute.  The loan agreement includes the following provision for attorney fees: “All costs, expenses and expenditures including, without limitation, the complete legal costs incurred by enforcing this Agreement as a result of any default by the Borrower, will be added to the principal then outstanding and will immediately be paid by the Borrower.”  (Comp., Ex. 1, ¶ 6.)  Plaintiff incurred these attorney fees as legal costs to enforce the loan agreement.  Plaintiff therefore may recover attorney fees pursuant to the contract.  (CCP § 1033.5(a)(10)(A).)

Plaintiff presents billing records showing $9,655 in attorney fees for 28.4 hours of work.  (Normandin Decl., ¶ 5, Ex. 1.)  Plaintiff reasonably incurred these fees.  Attorney Tom R. Normandin’s hourly rate reflects the reasonable market value of his services.

Plaintiff, however, claims “attorney’s fees of $11,115.00 (including preparation of the instant motion, analysis of the opposition, preparation of a reply brief, and attendance at the hearing).”  (Normandin Decl., ¶ 5.)  Plaintiff thus claims an extra $1,460 not included in the billing entries.  He does not explain how he arrived at that amount.  At Normandin’s rate of $350 hourly, that would be 4.17 hours of fees.  Defendant did not file an opposition.  Plaintiff did not file a reply brief.  Plaintiff reasonably incurred no more than an additional hour of fees at $350 hourly.  The court will therefore award plaintiff $10,005 in attorney fees.

In this motion, plaintiff also claims $1,301.72 in costs.  Plaintiff filed a memorandum of costs for the same costs.  All costs are facially proper.  Defendant did not move to strike or tax the memorandum of costs.  The court will award all costs.

Disposition

            Plaintiff Ryan Reeder’s motion for attorney fees and costs is granted in part.  Plaintiff Ryan Reeder shall recover $10,005.00 in attorney fees and $1,301.72 in costs from defendant Adam Sandahl.