Judge: Craig Griffin, Case: "Balboa Capital Corp. v. MS Physicians Group, PC", Date: 2022-10-03 Tentative Ruling

Before the Court is the unopposed Motion for Attorneys’ Fees etc., filed by Plaintiff Balboa Capital Corporation (“Plaintiff”) on 5/25/22. 

Under Civil Code §1717(a), the prevailing party on an action on a contract, where the contract specifically provides for  attorney’s fees and costs incurred to enforce that contract, is entitled to claim reasonable attorney’s fees.  Here, Plaintiff is plainly the prevailing party, and has identified a contractual right to claim such fees. (See ROA 115 and ROA 123 at Ex. 2.)

Reasonable attorney's fees “shall be fixed by the court.” (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1094.) The fee setting inquiry ordinarily begins with the “lodestar,” i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate. (Id.)  Here, Plaintiff has provided the hourly rates claimed for counsel and for paralegal staff, along with detailed entries reflecting the work performed and the time spent for each task. (ROA 123, at Ex. 1.) Both the rates claimed and the time expended appear reasonable in context here, except that two hours of attorney time claimed for an anticipated reply for this Motion will not be awarded, as no opposition or reply was filed. The Court thus finds that the amount which Plaintiff may recover in this action for reasonable attorney’s fees incurred therein is $15,500.50.

The Motion also claims costs in the amount of $1,169.10, as identified in the verified Memorandum of Costs (“MOC”) filed on 5/25/22.  As no motion to strike or tax costs was filed in response to the MOC, those costs are to be added to and become a part of the judgment. (C.C.P. § 685.090(a);  C.R.C. 3.1700(b)(4).)

Counsel for Plaintiff is to give notice of this ruling.