Judge: Donald F. Gaffney, Case: "McCalla Central, LLC, v. Semaan", Date: 2022-12-14 Tentative Ruling

TENTATIVE RULING: 

For the reasons set forth below, Plaintiff McCalla Central, LLC’s Motion for Order Fixing Attorney’s Fees is GRANTED in the amount of $14,210.00, or 40.6 hours at $350.00 per hour.

“In any action on a contract, where the contract specifically provides that attorney’s fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney’s fees in addition to other costs.” (Civ. Code, § 1717, subd. (a); see Code Civ. Proc., § 1032, subd. (a)(4) [prevailing party includes the party with a net monetary recovery].)

The first step in determining the amount of attorney’s fees is calculating the number of hours reasonably expended, and multiplying it by the lawyer’s hourly rate. (EnPalm, LLC v. Teitler Family Trust (2008) 162 Cal.App.4th 770, 774.) The Court can then adjust this amount to ensure it is a reasonable figure, and the factors the Court considers include the nature and difficulty of the litigation, the amount of money involved, the skill required and employed to handle the case, the attention given, the success or failure, and other circumstances in the case. The necessity for and the nature of the litigation are also factors to consider. (EnPalm, supra, 162 Cal.App.4th at p. 774.)

The burden is on the party seeking attorney fees to prove the fees it seeks are reasonable. (Center for Biological Diversity v. County of San Bernardino (2010) 188 Cal.App.4th 603, 615.) Competent evidence as to the nature and value of the services rendered must be presented in a post-trial fee motion. (Weber v. Langholz (1995) 39 Cal.App.4th 1578, 1586-1587.) However, detailed time records are not required, and an attorney’s declaration is sufficient evidence to support an award of attorney fees. (Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 263-264.)

There is no question Article 31 of the lease allows a prevailing party in a dispute involving the premises to recover its reasonable attorney’s fees, and Plaintiff has presented competent evidence to support how he expended 40.6 reasonable hours to litigate this matter, which resulted in Plaintiff obtaining a judgment against Defendant. Plaintiff has also presented competent evidence as to why his hourly rate of $350.00 per hour is reasonable.

Plaintiff has met its burden of proving the attorney’s fees it seeks are reasonable. By not filing an Opposition, Defendant has not rebutted Plaintiff’s evidence. Thus, Plaintiff is entitled to recover $14,210.00 in reasonable attorney’s fees, or 40.6 hours at $350.00 per hour.

Moving party to give notice.