Judge: Daniel M. Crowley, Case: 21STCV23368, Date: 2025-01-10 Tentative Ruling

Case Number: 21STCV23368    Hearing Date: January 10, 2025    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff Theodore Faye’s motion for an order to enforce the judgment interest in the unpaid amount of $27,033.07, with interest continuing to accrue at $5.18 per day until paid against Defendant Los Angeles Unified School District is granted.

Plaintiff’s request for attorneys’ fees incurred on the instant motion is granted in the total reduced amount of $8,550.00, payable within 20 days.

Plaintiff Theodore Faye (“Faye”) (“Plaintiff”) moves for an order to enforce the judgment interest in the unpaid amount of $27,033.07, with interest continuing to accrue at $5.18 per day until paid and attorney fees in the amount of $11,780.00 against Defendant Los Angeles Unified School District (“LAUSD”) (“Defendant”).  (Notice of Motion, pg. i; C.C.P. §§187, 680.00, 1033.5(a)(10)(B), 685.090, 685.020.)

Request for Judicial Notice

Defendant’s 12/20/24 request for judicial notice of (1) this Court’s 3/28/23 Minute Order;[1] and (2) this Court’s 7/9/24 Minute Order is denied because the Court does not need to take judicial notice of filings on the instant docket.

Background

On February 20, 2024, a jury awarded Plaintiff $915,281.00 in damages.  On March 20, 2024, this Court entered judgment. 

Plaintiff then moved for statutory attorney fees and costs.  On July 9, 2024, this Court issued its final order on the attorney fees and costs.  On July 10, 2024, Notice of Entry of Order was served and filed.  This Court recognized that Plaintiff was the prevailing party and granted attorney fees and costs pursuant to Government Code §12965(c)(6) in the amount of $1,269,893.26, consisting of $1,196.687.50 attorney fees and $73,205.76 costs.

On August 22,2024, Defendant paid $1,280,609.07 for payment of the attorney fees and costs.  Defendant calculated the interest from the order on July 9, 2024.

Plaintiff filed the instant motion on September 30, 2024.  Defendant filed its opposition on December 20, 2024.  Plaintiff filed his reply on January 3, 2025.

Legal Standard

C.C.P. §187 provides:

When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.

(C.C.P. §187.)

          C.C.P. §680.300 provides: “‘Principal amount of the judgment’ means the total amount of the judgment as entered or as last renewed, together with the costs thereafter added to the judgment pursuant to Section 685.090, reduced by any partial satisfactions of such amount and costs and by any amounts no longer enforceable.”  (C.C.P. §680.300.)

C.C.P. §1033.5(a)(10)(B) establishes that attorney fees are costs:

(a)  The following items are allowable as costs under Section 1032:

(10) Attorney’s fees, when authorized by any of the following:

(B) Statute.

(C.C.P. §1033.5(a)(10)(B).)

C.C.P. §685.090 provides that costs are part of the judgment:

(a)  Costs are added to and become a part of the judgment:

. . .

(b)  The costs added to the judgment pursuant to this section are included in the principal amount of the judgment remaining unsatisfied.

(C.C.P. §§685.090(a), (b).)

C.C.P. §685.020(a) provides, “[e]xcept as provided in subdivision (b), interest commences to accrue on a money judgment on the date of entry of the judgment.”  (C.C.P. §685.020(a).)

Discussion

Plaintiff’s motion is granted.

          In Felczer v. Apple, Inc., the Court of Appeal stated that interest begins to accrue from the original judgment when the entitlement to fees and costs is established: “We ultimately conclude that interest begins to run on the date their right to those items is determined, even if the exact amount is ascertained at a later time.”  (Felczer v. Apple, Inc. (2021) 63 Cal.App.5th 406, 411.)  The Felczer Court explained: “Accordingly, interest begins accruing as soon as a money judgment establishing a party’s entitlement to recover funds is entered. Waiting until the amount is certain would only create incentives for the judgment debtor to delay the final accounting.”  (Id. at pg. 418.)

          However, the attorneys’ fees granted in Felczer were granted under PAGA.  Here, the attorneys’ fees were granted under FEHA (Govt. Code §12965(c)(6)).  Unlike under PAGA, FEHA does not impose a requirement for additional findings of “necessity” or public interest impact; the entitlement to attorney fees in FEHA cases is automatic upon the plaintiff becoming the prevailing party.  (Horsford v. Board of Trustees (2005) 132 Cal.App.4th 359, 394 [prevailing plaintiff “should ordinarily receive attorney fees unless special circumstances would render such an award unjust”].)  The Court of Appeal has consistently held that denial of FEHA fees is appropriate only in “unusual circumstances.”  (Williams v. Chino Valley Independent Fire District (2015) 61 Cal.4th 97, 115.)  This presumption reflects FEHA’s core purpose of ensuring effective representation for discrimination victims.  (Stephens v. Coldwell Banker (1988) 199 Cal.App.3d 1394, 1406.)  FEHA’s fee provision must be “liberally construed” to achieve its remedial purpose.  (Robinson v. Fair Employment & Housing Commission (1992) 2 Cal.4th 226, 243.)

          Here, this Court determined that because Plaintiff prevailed on his FEHA causes of action he is entitled to attorneys’ fees under Government Code §12965(c)(6). The original judgment, to which the Defendant did not object, provides for the recovery of attorney fees and costs.  Under CRC, Rule 3.1700(b)(4), the Court Clerk enters the amount of the attorney fees and costs once ascertained and it becomes part of the original judgment.

Defendant did not object to the language of the Judgment. Therefore, the entitlement to the fees and costs was established on March 20, 2024.

Accordingly, Plaintiff’s motion is granted.

Attorneys’ Fees

C.C.P. §685.040 provides:

The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney’s fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Attorney’s fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney’s fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5.

(C.C.P. §685.040.)

The Court in Cardinale v. Miller explained that under C.C.P. §685.040, if the underlying judgment includes an award of attorney fees, then attorney fees can be recovered for post-judgment enforcement proceedings as long as it meets two requirements: “(1) the fees must have been incurred to ‘enforce’ a judgment; and (2) the underlying judgment had to include an award for attorney fees pursuant to Code of Civil Procedure section 1033.5, subdivision (a)(10)(A) . . ..”  (Cardinale v. Miller (2014) 222 Cal.App.4th 1020, 1025; see also Guo v. Moorpark Recovery

Service, LLC (2021) 60 Cal.App.5th 745, 747 [“We conclude that because the underlying judgment awarded reasonable attorney fees, the court'’ failure to include a specific amount of fees in the judgment does not defeat section 685.040.”].)

          Plaintiff is entitled to recover attorneys’ fees incurred on this motion in the total reduced amount of $8,550.00.  Plaintiff cannot recover attorneys’ fees for time spent meeting and conferring on the instant motion.

          The Court calculates Plaintiff’s attorneys’ fees as follows:

($950/hour x 5 hours on the initial motion) + ($950/hour x 3 hours to review the opposition and prepare a reply) + ($950/hour x 1 hour to appear at the hearing) = $8,550.00

Plaintiff’s request for attorneys’ fees incurred on the instant motion is granted in the total reduced amount of $8,550.00, payable within 20 days.

Conclusion

Plaintiff’s motion for an order to enforce the judgment interest in the unpaid amount of $27,033.07, with interest continuing to accrue at $5.18 per day until paid against Defendant is granted.

Plaintiff’s request for attorneys’ fees incurred on the instant motion is granted in the total reduced amount of $8,550.00, payable within 20 days.

Moving Party to give notice.

Dated:  January _____, 2025