Department 58

Hearing Date: January 26, 2023

Case Name: Brycden Entertainment, LLC vs. Levaie Brewer, et al.

Case No.: 19STCV04083

Motion: Motion for post-judgment attorney’s fees and costs

Moving Party: Plaintiff Brycden Entertainment, LLC

Responding Party: Unopposed/Defendant Levaie Brewer

Tentative Ruling: The Court grants the motion for attorney’s fees and costs.

This was a breach of contract dispute in which Plaintiff Brycden Entertainment, LLC alleged that Levaie Brewer and his company, Hundreds Entertainment, LLC, failed to provide it with, among other things, the rights to various master recordings despite payment exceeding $420,000. On August 27, 2019, Plaintiff filed the Complaint for breach of oral/written contract, declaratory relief, monies had and received, conversion, fraud, accounting, and intentional/negligent interference with contract.

The parties settled on March 9, 2020. After Defendants failed to pay, Plaintiff moved to enforce the settlement. On August 18, 2020, this Court entered judgment for $150,000 in damages, $500 in interest, and $2,675 in attorney’s fees and costs.[1]

Plaintiff now moves for additional attorney’s fees and costs for its post-judgment enforcement actions. No opposition was filed.

Legal Standard

Plaintiff brings the current motion pursuant to Code of Civil Procedure sections 685.040 and 685.080. Code of Civil Procedure section 685.040 allows the judgment creditor to “reasonable and necessary costs of enforcing a judgment. . . . Attorney's fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney’s fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5.” Section 1033.5, subdivision (a)(10) authorizes attorney’s fees if authorized by contract, statute or law.

Code of Civil Procedure section 685.080 provides the procedural requirements of a motion for post-judgment fees as follows:

(a) The judgment creditor may claim costs authorized by Section 685.040 by noticed motion. The motion shall be made before the judgment is satisfied in full, but not later than two years after the costs have been incurred. The costs claimed under this section may include, but are not limited to, costs that may be claimed under Section 685.070 and costs incurred but not approved by the court or referee in a proceeding under Chapter 6 (commencing with Section 708.010) of Division 2.

(b) The notice of motion shall describe the costs claimed, shall state their amount, and shall be supported by an affidavit of a person who has knowledge of the facts stating that to the person’s best knowledge and belief the costs are correct, are reasonable and necessary, and have not been satisfied. The notice of motion shall be served on the judgment debtor. Service shall be made personally or by mail.

(c)The court shall make an order allowing or disallowing the costs to the extent justified under the circumstances of the case.

Discussion

Here, the underlying judgment was issued pursuant to Plaintiff’s motion to enforce the settlement and awarded attorney’s fees of $2,600. (Order dated 8/18/20.) Those fees were authorized by the parties’ settlement agreement. (Perry Decl., Ex. 1, ¶ 4.) Thus, because the underlying judgment awarded attorneys’ fees based on the settlement agreement, Plaintiff may seek attorneys’ fees incurred in enforcing the judgment.

Procedural requirements

In its memorandum of points and authorities, Plaintiff asserts that there is still an outstanding balance on the judgment of $153,175 and Defendant has only paid $35. This satisfies the outstanding balance requirement. (Code Civ. Proc., § 685.080, subd. (a). The memorandum of points and authorities describes the costs claimed, the amounts, and is supported by Plaintiff’s counsel. The notice was mailed to Defendant.

Reasonableness of fees and costs

Plaintiff is only entitled to collect the “reasonable and necessary costs” of enforcing a judgment, including attorneys’ fees. (Code of Civ. Proc., § 685.040.) It submits a declaration from its counsel and requests $15,254 in attorney’s fees and $524 in costs. It argues that since August 2020, it had to engage in the following matters that justify the additional imposition of fees (billed at $325 per hour):

· $3,501.50: August - December 2020: filed two motions to compel requests for documents and interrogatory responses. The Court granted the motions.

· $954.50: December 2020 – March 2021: attended the hearing on the motions to compel and had to serve a subpoena on Defendant for document production.

· $1,399.41: March – July 2021: prepared the judgment debtor exam application and attended the hearing.

· $3,320.27: July – October 2021: conducted a search for Defendant, filed a judgment lien, drafted opposition to the Defendant’s motion to quash subpoena, and filing an ex parte application for a new debtor examination.

· $845.00: October 2021 – March 2022: prepared a stipulation and attended hearing to continue the debtor examination.

· $1,484.72: March 2022 – May 2022: opposition to Defendant’s ex parte application to continue debtor examination, preparation of writ of execution, and court appearance.

· $2,168.25: May 2022 – August 2022: travel to the debtor examination and application for third party judgment debtor exam of Defendant corporation.

· $3,246.50: August 2022 – October 2022: travel to the debtor exam, research/drafting the instant motion. (See generally, Motion, pp. 4-5.)

The actual total is $16,920.15, but counsel only seeks $15,254. The Court finds that these fees were reasonable and necessary to enforcing the judgment. For example, the motions to compel sought information for collection purposes. And the debtor examinations were necessary to seek information on Defendants’ assets.

As to costs, Plaintiff requests $230 for filing fees, $92 in electronic filing fees, and $202 to serve the judgment debtor examination applications. These amounts relate to filing and serving post-judgment pleadings, such as debtor examination applications, writ of execution, and this motion for attorney’s fees.

Accordingly, the Court grants fees in the amount of $15,254 and $524 in costs.

[1] The judgment was amended on August 3, 2021 due to a typographical error in Defendant’s name.