Judge: Carolyn M. Caietti, Case: 37-2022-00005395-CU-BC-CTL, Date: 2024-06-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 27, 2024

06/28/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00005395-CU-BC-CTL SAYFULLIN VS CITYSCAPE HOMEOWNERS ASSOCIATION INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Amended Motion, 03/21/2024

Plaintiff Rishat Sayfullin's unopposed Amended Motion for Attorney Fees and Costs is GRANTED.

Civil Code section 5975(c) provides for the recovery of reasonable attorney fees and costs incurred by a prevailing homeowner in an action to enforce governing documents of an association.

Plaintiff alleged and proved Defendant Cityscape Homeowners Association, Inc. breached a contract, the Covenants, Conditions and Restrictions (CC&Rs), breached the covenant of good faith and fair dealing and was negligent. (ROA 106.) The jury awarded Plaintiff damages of $42,238.11. (Ibid.) Plaintiff now seeks attorney fees in the total amount of $50,939.74.

Plaintiff duly served the motion on Defendant and the motion is unopposed. (ROA 122.) It is undisputed that Plaintiff is entitled to attorney fees under Civil Code section 5975(c), Plaintiff prevailed at trial and that the fees and costs sought are substantiated and reasonable. (San Diego Superior Court Local Rule 2.1.19(B) ['The court may deem a lack of opposition to be a concession that a motion is meritorious.'].) Notwithstanding, after review of the supporting declaration, including the billing records attached, Plaintiff's counsel's hourly rates are reasonable and the hours worked are sufficiently supported by billing records.

For these reasons, the motion is GRANTED.

Defendant Cityscape Homeowners Association is ordered to pay Plaintiff attorney fees in the amount of $50,939.74.

The Court will hear from the parties regarding the status of the judgment, which the Court ordered Plaintiff to prepare on March 7, 2024. (ROA 103.) If the tentative ruling is confirmed without modification, the minute order will be the Court's final ruling on this motion. Plaintiff is ordered to serve written notice of the Court's final ruling on all appearing parties by July 2, 2024.

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