Judge: Douglas W. Stern, Case: 21STCV02526, Date: 2023-08-25 Tentative Ruling

Case Number: 21STCV02526    Hearing Date: August 25, 2023    Dept: 68

Remodeling Guys, Inc., et al. vs. Independence Enterprises, LLC, et al., 21STCV02526

Motion to Enforce the Court’s Order and for an Order Imposing Sanctions

BACKGROUND

            On November 2, 2022, this Court granted Cross-Complainant Warner Associates’ Motion for Summary Adjudication on the issue that Cross-Defendants Mark Lawrence and Darlene Lawrence, dba Trophyman, have a duty to defend and indemnify Warner Associates in this action. Cross-Defendants have failed to do so. Warner Associates now seeks an order from the Court stating that Cross-Defendants have a duty to immediately defend Warner Associates and to reimburse Warner Associates for its post-tender fees and costs.

            Warner Associates also seeks sanctions in the amount of $1,358.75 against Cross-Defendants pursuant to CCP § 128.5 for their failure to comply with the Court order and for Warner Associates’ costs associated with having to bring this motion.

            No opposition has been filed.

ANALYSIS

            Warner Associates has filed this motion pursuant to CCP § 2778, which is the statute that outlines the duty to indemnify. Further, this Court can issue an enforcement order enforcing the prior summary adjudication order and directing Cross-Defendants to pay all post-tender fees and costs to Warner Associates and to pay all such costs going forward. (American Motorist Ins. Co. (1998) 68 Cal.App.4th 864, 868.) The Court will issue an order enforcing its prior order.

            Additionally, the Court may impose sanctions for Warner Associates’ reasonable expenses pursuant to CCP § 128.5. The sanctions requested by Warner Associates breaks down as follows: (6 hours at the associate rate of $170 an hour) + (1.5 hour at Pleše’s rate of $185 an hour) + ($61.61 filing fee) = $1,358.75. (Pleše Decl., ¶ 8.) The Court finds that this is a reasonable amount for sanctions given Cross-Defendants’ failure to comply with the prior Court order.

ORDER

1.      Cross-Defendants Mark Lawrence and Darlene Lawrence, dba Trophyman, are ordered to immediately defend and indemnify Cross-Complainant Independence Enterprises, LLC dba Warner Associates.

2.      Cross-Defendants are also ordered to reimburse Cross-Complainant for its post-tender fees and costs and other such costs going forward.

3.      Cross-Defendants are ordered to pay $1,358.75 in sanctions to Cross-Complainant’s counsel within 20 days of service of this order.