Judge: Brock T. Hammond, Case: 21CHCV00008, Date: 2024-02-14 Tentative Ruling

Case Number: 21CHCV00008    Hearing Date: February 14, 2024    Dept: F43

Dept. F-43

Date: 2-14-24

Case # 21CHCV00008, FW CA-Granada Village, LLC, vs. Tavistock Freebirds, LLC, et al.

Trial Date: N/A

MOTION FOR ATTORNEY FEES

MOVING PARTY: Plaintiff FW CA-Granada Village, LLC

RESPONDING PARTY: No response has been filed

RELIEF REQUESTED

Plaintiff FW CA-Granada Village, LLC (Plaintiff) is requesting attorney fees in the amount of $14,052.50 from the Defendants

RULING: Granted in the amount of $14,052.50

SUMMARY OF ACTION AND ANALYSIS

In this case, the parties settled in Plaintiff’s favor. After Defendants failed to follow the terms of the settlement agreement, judgment was entered in Plaintiff’s favor on May 30, 2023, though there has been some dispute as to the necessity of the judgment.

As the prevailing party on contracts containing provisions for attorney fees, in this case a commercial lease, Plaintiff is entitled to attorney fees. Plaintiffs filed this motion pursuant to Civ. Code § 1717, which allows for the recovery of attorney fees when a contract contains a fees provision. Both the lease between the parties and the settlement agreement allowed for the recovery of attorney fees for the prevailing party.

Plaintiff is requesting $14,052.50 in attorney fees from Defendant ($12,265.00 for the invoices through March 31, 2023, plus an expected $1,787.50 related to the judgment and this motion). (Park Decl., ¶ 13.) Plaintiff argues that the attorney fees that it has requested were reasonable and necessary. Plaintiff’s attorney’s hourly rate has been $275.00 an hour throughout this action. (Park Decl., ¶ 9.)

A prevailing party is entitled to recover its attorneys’ fees when authorized by contract, statute, or law. (See CCP § 1033.5(a)(10); Cal. Civ. Code § 1717(a).) “A successful party means a prevailing party, and [a party] may be considered prevailing parties for attorney’s fees purposes if they succeed on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit.” (Bowman v. City of Berkeley (2005) 131 Cal.App.4th 173, 178.)

Plaintiff is the prevailing party by virtue of the fact that the parties settled in Plaintiff’s favor. Plaintiff has requested a total of $14,052.50 in attorney fees.

Given the nature of the case, the Court finds that the amount of attorney fees requested by Plaintiff is reasonable. Additionally, the Court does not find that Plaintiff’s hourly rates were unreasonable. No adjustment will be made to the amount request by Plaintiff.

Plaintiff’s motion for attorney fees is granted in the amount of $14,052.50.

Defendants are ordered to pay $14,052.50 to Plaintiff’s attorney within 30 days.

Moving party to give notice.