Judge: Eddie C. Sturgeon, Case: 37-2020-00035772-CU-OR-CTL, Date: 2023-09-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 28, 2023

09/29/2023  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2020-00035772-CU-OR-CTL AMERIS BANK VS JEAN BAPTISTE [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Attorney Fees, 03/27/2023

Plaintiff Ameris Bank's Motion for Attorneys' Fees and Costs is GRANTED in the amount of $111,952.25 consisting of $109,430 in appellate attorneys' fees and $2,522.25 in appellate costs.

Defendant Jean-Baptiste appealed both the judgment and the fees order in this case. The Fourth District Court of Appeal denied the appeals and affirmed the judgment as well as the fee order: '[w]e therefore affirm the judgment in favor of Ameris Bank and the order awarding Ameris Bank its attorneys' fees and costs.' (See ROA 132 [Remittitur], p. 2.) Additionally, the Fourth District stated that 'Ameris Bank is awarded its costs on both appeals.' (Id., p. 20.) In addition to costs, Plaintiff may also recover fees pursuant to the contractual attorneys' fees provisions in the underlying instruments. Those fee provisions were subject of the appeal and the Fourth District determined that 'Jean-Baptiste does not dispute that the promissory note and deed of trust contained provisions authorizing recovery of attorneys' fees[.]' (Id., p. 19.) Those fee provisions also require an award of appellate fees. (See Morcos v. Board of Retirement (1990) 51 Cal.3d 924, 927.) Plaintiffs have sufficiently substantiated their request with redacted invoices. (See ROA 142, Ex. P.) Defendant's arguments (ROA 152) provide no reason to deny fees or costs.

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