Judge: Barbara M. Scheper, Case: 21STCP02156, Date: 2023-08-22 Tentative Ruling

Case Number: 21STCP02156    Hearing Date: August 22, 2023    Dept: 30

Dept. 30

Calendar No.

Sitrick Group, LLC vs. Vivera Pharmaceuticals, LLC, et. al., Case No. 21STCP02156

Tentative Ruling re:  Petitioner’s Motion for Attorney’s Fees

            Petitioner Sitrick Group, LLC (Sitrick) moves for an award of appellate attorney’s fees against Respondent Vivera Pharmaceutical, Inc. (Vivera). The Court awards attorney’s fees to Sitrick in the amount of $61,135.80.

“Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc. § 1032, subd. (b).) “Prevailing party” includes the party with a net monetary recovery. (Code Civ. Proc. § 1032, subd. (a)(4).) “[A]s a general rule, attorney fees are not recoverable as costs unless they are authorized by statute or agreement.” (People ex rel. Dept. of Corporations v. Speedee Oil Change Systems, Inc. (2007) 147 Cal.App.4th 424, 429.) “

The attorney bears the burden of proof as to “reasonableness” of any fee claim. (Code Civ. Proc., § 1033.5(c)(5).) This burden requires competent evidence as to the nature and value of the services rendered. (Martino v. Denevi (1986) 182 Cal.App.3d 553, 559.) “Testimony of an attorney as to the number of hours worked on a particular case is sufficient evidence to support an award of attorney fees, even in the absence of detailed time records.” (Ibid.) Requested rates are reasonable if they are “within the range of reasonable rates charged by and judicially awarded comparable attorneys for comparable work.” (Children’s Hospital & Medical Center v. Bonta (2002) 97 Cal.App.4th 740, 783.)

            The Court granted Sitrick’s Petition to Confirm Arbitration Award on November 10, 2021, and subsequently entered judgment in favor of Sitrick in the amount of $556,639.98, plus post-award attorney’s fees of $17,424.60. The parties’ arbitration agreement included a provision that “[i]n the event that a dispute arises hereunder, the prevailing party in any litigation or arbitration shall be entitled to attorneys’ fees and all costs and expenses of any sort.” (Stone Decl. ¶ 3, Ex. 1 [19].)

            On January 5, 2022, Vivera filed a Notice of Appeal from the Judgment. On March 30, 2023, the Court of Appeal issued a decision denying Vivera’s appeal and affirming the Judgment. The Court of Appeal issued remittitur on June 2, 2023.

            In this motion, Sitrick seeks an award of $62,433.80 for attorney’s fees incurred on appeal. The requested amount is based on 85 hours billed at an hourly rate of $649 ($55,165) in connection with the appeal, plus 11.20 hours billed at an hourly rate of $649 ($7,268.80) in connection with the current motion. (Stone Decl. ¶ 16.) Because Vivera has not opposed the motion, the Court strikes 2 hours requested by Sitrick for review of the opposition and preparation of a reply. (Ibid.) The requested fees are otherwise granted. The Court awards attorney’s fees to Sitrick in the amount of $61,135.80.