Judge: Blaine K. Bowman, Case: 37-2022-00017336-CU-OR-NC, Date: 2023-08-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - August 16, 2023

08/17/2023  01:30:00 PM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2022-00017336-CU-OR-NC WOODS VS ESPINOZA [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 07/27/2023

The Motion for Attorneys' Fees and Costs brought by plaintiffs/cross-defendants James Woods and Isabel Luengo (collectively, Plaintiffs) is GRANTED in the total amount of $162,798.35 (which breaks down as $156,124.00 for attorney fees and $6,674.53 for costs) pursuant to Civil Code § 5975(c).

This was a fencing and lot line dispute. Though defendants/cross-complainants David and Erin Espinoza (collectively, Defendants) argue that it was unnecessary to spend as much attorney and paralegal time as Plaintiffs did, the Court notes that Defendants filed a cross-complaint in this action that increased the amount of legal work that needed to be done – all while knowing that attorney fees would be awarded to the prevailing party. As such, the Court does not find the overall amount of attorney time or paralegal time to have been unreasonable. And the rates charged were reasonable as well.

The Court is also mindful of Defendants' argument that Plaintiffs only prevailed on one of five causes of action. However, Plaintiffs prevailed on the critical issue in the lawsuit. As such, regardless of the number of claims, as long as none of those claims were outliers in some way (which none of the claims were) Plaintiff pursued this litigation in a sensible and reasonable way and prevailed on the critical issue.

They are thus entitled to their attorney fees for doing so under Civil Code § 5975(c).

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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