Judge: Curtis A. Kin, Case: 20STCV44428, Date: 2022-08-02 Tentative Ruling

Case Number: 20STCV44428    Hearing Date: August 2, 2022    Dept: 72

MOTION FOR ATTORNEY FEES

MOTIONS TO CHARGE DEFENDANT’S INTEREST IN LIMITED LIABILITY COMPANY (2)

Date:               8/2/22 (8:30 AM)

Case:               Essam Taymour v. Lee Marek (20STCV44428)

TENTATIVE RULING:

Plaintiff Essam Taymour, M.D.’s Motion for Attorney’s Fees is DENIED.

Plaintiff Essam Taymour, M.D.’s Motion to Charge Defendant’s Interest in California Surgery Center Medical Specialists LLC is GRANTED.

Plaintiff Essam Taymour, M.D.’s Motion to Charge Defendant’s Interest in National Surgery Center Operations TWO, LLC is GRANTED.

I.                   MOTION FOR ATTORNEY’S FEES

On December 15, 2021, the Court entered default judgment against defendant Lee Marek, D.P.M., in the amount of $119,525.  Plaintiff did not seek attorney’s fees in connection with plaintiff’s request for entry of default judgment, and the Court awarded none.  Months later, on March 18, 2022, plaintiff Essam Taymour, M.D. filed the instant motion for attorney’s fees, seeking to recover $22,311.20 in fees, which includes $19,971.20 for prosecuting the case and $2,340 for the motion. (Cole Decl. ¶ 9.)

Rule 3.1702 of the California Rules of Court provides that a fee motion must be made within the time for filing a notice of appeal.  Rule 8.104 in turn provides that a notice of appeal must be filed within 60 days after notice of entry of the judgment is given.  Here, as noted above, the Court entered judgment on December 15, 2021.  As is reflected in the Minute Order for the hearing on that same date regarding the Court’s Order to Show Cause Re: Entry of Default Judgment, plaintiff’s counsel received notice of the entry of judgment (without an award of attorney’s fees) and no further notice to plaintiff was required.  More than 60 days later, on March 18, 2022, the instant motion was filed untimely and must therefore be DENIED.

Further, even if the motion were not untimely, the Court would not award the over $22,000 in fees sought by plaintiff.  This was a straightforward collections matter in which defendant failed to appear and defend.  As such, the Court would find that the schedule of fees for default judgment cases as set forth in Rule 3.214 of the Los Angeles County Rules of Court adequately provides for reasonable attorney’s fees in accordance with the parties’ agreement.  (See Cole Decl. ¶ 2 & Ex. 1 at 3.)  For a judgment of $119,525, Rule 3.214 provides for reasonable fees of $3085.25, namely, $2,890 plus 1% of the excess over $100,000 awarded in the default judgment (i.e., $195.25).  Regardless, as explained above, plaintiff’s request for any attorney’s fees is untimely.

II.                TWO MOTIONS TO CHARGE DEFENDANT’S INTEREST IN LIMITED LIABILITY COMPANIES – CALIFORNIA SURGERY MEDICAL SPECIALISTS LLC AND NATIONAL SURGERY CENTER OPERATIONS TWO, LLC

In two separate motions, plaintiff Essam Taymour, M.D. seeks to charge defendant Lee Marek’s interest in two limited companies, California Surgery Center Medical Specialists LLC and National Surgery Center Operations TWO, LLC. Plaintiff provides evidence from the California Secretary of State indicating that defendant Marek is a member of these two LLCs. (Cole Decls. ¶ 3 & Exs. A.) Plaintiff also indicates that the amount of the judgment in this action, $119,525, remains unsatisfied. (Cole Decls. ¶ 2.)

Accordingly, the motions are GRANTED. Pursuant to CCP § 708.310, defendant Lee Marek’s interest in California Surgery Center Medical Specialists LLC and National Surgery Center Operations TWO, LLC are charged with $119,525.00, the unsatisfied amount of the judgment entered in this action.  The Court will sign the two Proposed Orders to Charge Defendant’s Interest in Limited Liability Company, electronically received March 18, 2022.