Judge: Craig Griffin, Case: "Sheward v Oh’s Design & Development, LLC et al", Date: 2022-10-31 Tentative Ruling

Before the Court at present is the Motion for Attorney’s Fees filed by Plaintiff Sheward and Son and Sons (“Plaintiff”), seeking an award of fees based on the contract between the parties in the amount of $20,317. Defendant Oh’s Design and Development LLC (“ODD”) has not filed any opposition thereto.

The Motion is GRANTED. It is undisputed here that an attorney’s fees provision was included in the contract at issue (Complaint, Ex. A, at ¶ 6) which applies to this action. Fees may thus be claimed here under Civil Code §1717 and C.C.P. § 1033.5(a)(10).

The fee setting inquiry ordinarily begins with the “lodestar,” i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095.)  Here, the hourly rates claimed appear reasonable, and the time claimed as reflected in the billing records appears reasonably expended.  ODD has not argued otherwise. Therefore, as the Motion appears well-taken and is unopposed, it is GRANTED. Plaintiff shall recover attorney’s fees in the amount of $20,317 from Defendant ODD.

Counsel for Plaintiff is to submit a proposed ruling in accordance with C.R.C 3.1312, and is to give notice of this ruling.