Judge: Craig Griffin, Case: "Balboa Capital Corp. v. Dulles Urgent Care Center, LLC et al", Date: 2022-10-17 Tentative Ruling

Before the Court is the unopposed Motion for Attorneys’ Fees etc., filed by Plaintiff Balboa Capital Corporation (“Plaintiff”) on 7/22/22. 

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 155 and ROA 166 at Agbayani Decl., ¶ 2, 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 166, at Ex. 1.) Both the rates claimed and the time expended appear generally reasonable in context here.  However, some of the paralegal time claimed lacks adequate support, such as a 4/21/21 entry for 3.3 hours for “Discovery Review,” or does not appear to have required paralegal services, such as time spent for preparing a TOC and TOA on 7/23/21, for serving an MSJ on 10/20/21, for preparing binders and notebooks on 2/11/22, and finding a court reporter on 2/14/22. The Court thus finds that a 20% reduction in the claimed paralegal fees is warranted, for a $2,159 deduction. 

In addition, 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 $64,765.50.

Counsel for Plaintiff is to give notice of this ruling.