Judge: David A. Hoffer, Case: 30-2019-01075005, Date: 2023-08-28 Tentative Ruling

Plaintiff Rancho San Joaquin Homeowners Association’s (“Plaintiff”) Motion for Attorney Fees and Costs (“Motion”) is GRANTED.

Plaintiff was determined to be the prevailing party on both its complaint and on defendant Anthony Aulisio, Jr.’s (“Defendant”) cross-complaint and judgment has been entered in favor of Plaintiff.  (ROA ##246, 275.)  Plaintiff now moves for attorney fees and costs pursuant to Civ. Proc. Code §§ 1032, 1033.5, 1717, and 5975.  These fees and costs are permissible as Plaintiff is the prevailing party.

Attorney fees are recoverable by the prevailing party pursuant to Civ. Proc. Code §§ 1717 and 5975 as the covenants, conditions, and restrictions (“CC&R”) covering Plaintiff and Defendant contain attorney fees and costs provisions.  (Nichter Decl., ¶ 39.)  Plaintiff has requested attorney fees totaling $124,641.00.  After reviewing the declarations and evidence in support of the Motion, the court finds the hourly billing rates and hours billed reasonable.  The court will however reduce the requested amount by $350 as the opposition, reply, and hearing time were likely less than Plaintiff’s counsel anticipated.  (Feldsott Decl. ¶ 13.)  The total attorney fees awarded to Plaintiff from Defendant is $124,291.

Costs are also recoverable by the prevailing party pursuant to Civ. Proc. Code §§ 1032 and 1033.5.  The court notes that a couple of the costs requested by Plaintiff are strictly prohibited.  Postage in the amount of $41.28 requested by attorney Gardner is not recoverable.  (Civ. Proc. Code § 1033.5(b)(3).)   The requested Court Reporter fees of $3,892.50 are also prohibited as they were not ordered by the court.  (Civ. Proc. Code § 1033.5(b)(5).)  The court reduces the requested costs by those amounts and awards a total of $6,232.85 in costs to Plaintiff from Defendant.

The court briefly notes Defendant’s only opposition was that this Motion should be stayed pending the appeal of the underlying judgment.  None of the statutes or cases cited by Defendant provided a legal basis for a stay of the present Motion.  As such, the court may make the present ruling.  The court also notes Defendant failed to file a proof of service with his opposition/request to stay.

The Motion is GRANTED in the amount of  $124,291 in attorney fees and $6,232.85 in costs.

Plaintiff is ordered to give notice of this ruling.