Judge: Douglas W. Stern, Case: 20STCP00529, Date: 2023-08-15 Tentative Ruling

Case Number: 20STCP00529    Hearing Date: October 30, 2023    Dept: 68

Bahram Nowparvar vs. Jeremy Daniels-Stock, et al., 20STCP00529

Motion for Attorneys’ Fees, Costs, and Expenses

Moving Parties – Plaintiff Bahram Nowparvar

Responding Parties – Defendants JDS Minions and Jeremy Daniels-Stock

Moving Party’s Position

            In this case, the parties settled in Plaintiff’s favor. As the prevailing party on a contract containing a provision for attorney fees, Plaintiff is entitled to attorney fees. Plaintiffs filed this motion pursuant to Civ. Code § 1717, which allows for the recovery of attorney fees when a contract contains a fees provision. Defendants JDS Minions and Jeremy Daniels-Stock (Defendants) also agreed to pay attorney fees in the settlement agreement.

            Plaintiff is requesting $22,685 in attorney fees from Defendants ($21,060 for the invoices, and an expected $1,625 for reviewing the opposition, drafting a reply, and attending the hearing). Plaintiff argues that the attorney fees that he has requested are reasonable. Plaintiff’s attorney’s hourly rate is $650 an hour. (Gentino Decl., ¶ 1.)

Opposing Parties’ Position

            Defendants do not dispute Plaintiff’s entitlement to attorney fees. Defendants do, however, dispute the amount requested as being unreasonable. Defendants argue that the hourly rate of Plaintiff’s attorney is unreasonable, as most attorneys in the area charge $400-$450/hour. Defendants also argue that Plaintiff’s attorney engaged in bill padding, though Defendant does not point to any specific examples.

            Defendants also oppose Plaintiff’s memorandum of costs in their opposition.

Reply

            Plaintiff argues that its billing is reasonable. Plaintiff also argues that Defendants failed to support their assertion that Plaintiff’s attorney’s hourly rate is excessive.

Analysis

            A prevailing party is entitled to recover its attorneys’ fees when authorized by contract, statute, or law. (See CCP § 1033.5(a)(10); Cal. Civ. Code § 1717(a).)

            Plaintiffs’ request for $22,685 in attorney’s fees is based on just under 35 hours of work at $650 an hour.

            Given that the litigation in the matter has been going on for over three and a half years, 35 hours of work in the litigation is reasonable. Additionally, the Court does not find that Plaintiff’s hourly rate of $650 an hour is unreasonable. The Court will not adjust the amount of attorney fees requested by Plaintiff.

            Plaintiff’s motion for attorneys’ fees is granted in the amount of $22,685.

            Costs are awarded pursuant to Rule 3.1700, and nothing in this order addresses that matter. If Defendants wish to oppose the memorandum of costs, they should file a motion to tax costs.

Order

1.      Plaintiffs’ motion for attorney fees is granted against Defendants JDS Minions and Jeremy Daniels-Stock in the amount of $22,685.

2.      Defendants JDS Minions and Jeremy Daniels-Stock are ordered to pay attorney fees to Plaintiff’s attorney in the amount of $22,685.