Judge: Blaine K. Bowman, Case: 37-2022-00035606-CU-BC-NC, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - October 26, 2023

10/27/2023  10:00:00 AM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00035606-CU-BC-NC LAS CASITAS HOMEOWNERS ASSOCIATION OF ESCONDIDO VS ABOOD [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 07/21/2023

The Motion to Set Amount of Prevailing Party's Attorney Fees brought by plaintiff Las Casitas Homeowners Association of Escondido (the HOA) is GRANTED in part and DENIED in part as follows: --as to the $2,789.50 in fees to draft a two-page cease and desist letter, the request is reduced by $2,347.00 to $442.50 --as to the $4,717.70 in fees to draft the six-page complaint, the request is reduced by $4,027.70 to $690.00 --as to the $5,369.00 in fees to marshal evidence, the request is reduced by $4,679.00 to $690.00 --as to the $5,989.50 for attending a settlement conference, handling a default, and preparing stipulation for entry of judgment, the request is reduced by $5,989.50 to $1,350.00 --as to the $5,509.50 to prepare the instant motion, the request is reduced by $4,009.50 to $1,500.

With these adjustments, the total award sought of $32,852.50 is reduced by $21,052.70 to $11,799.80.

While attorney fees are appropriate in this case under Civil Code §§ 1717 and/or 5975(c), the legal work involved in this case appears to pertain to a relatively simple and straightforward process: a cease and desist letter, a simple complaint, basic discovery, settlement efforts, entry of stipulated judgment, and a motion for attorney fees. At $32,852.50, the HOA's requested attorney fees are significantly in excess of what would be reasonable. The Court accordingly reduces the fees associated with these tasks consistent with the reductions requested by defendant Christine Abood. In so reducing the award, the Court notes the following authority: If... the Court were required to award a reasonable fee when an ... unreasonable one has been asked for, claimants would be encouraged to make unreasonable demands, knowing that the only unfavorable consequences of such misconduct would be reduction of their fee to what they should have asked in the first place. To discourage such greed, a severer reaction is needful... Serrano v. Unruh (1982) 32 Cal.3d 621, 635.

Accordingly, while an amount greater than $11,799.80 may have been incurred in these circumstances (perhaps in a range between $15,000.00 and $17,000.00), the unreasonableness of a fee request Calendar No.: Event ID:  TENTATIVE RULINGS

2997929 CASE NUMBER: CASE TITLE:  LAS CASITAS HOMEOWNERS ASSOCIATION OF ESCONDIDO VS  37-2022-00035606-CU-BC-NC pegged at $32,852.50 warrants granting the reductions requested by the opposing party.

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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2997929