Judge: Elaine W. Mandel, Case: 20SMCP00318, Date: 2022-12-16 Tentative Ruling

Case Number: 20SMCP00318    Hearing Date: December 16, 2022    Dept: P

Tentative Ruling
Navitas Credit Corp. v. H. Babaali M.D. Medical Inc., Case No. 20SMCP00318
Hearing Date December 16, 2022
Plaintiff/Judgment Creditor Navitas Credit Corp’s Motion for an Award of Attorney’s Fees (UNOPPOSED)

Navitas Credit Corp. has a judgment of $155,258.30 against H. Babaali, M.C. Medical Inc. and Hossein Babaali (collectively “Dr. Babaali.”) Navitas states Dr. Babaali has not voluntarily paid any portion of the judgment, and that it has been unable to collect the amount due by levying on his medical practice profits. Navitas has conducted an appraisal of Dr. Baabali’s residence, preparing to recover the amount due via a forced sale of the property. Navitas seeks to recover the cost of the appraisal and its attorney’s fees incurred enforcing the judgment. 

A judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Cal. Code of Civ. Proc. §685.040. Additionally, attorney’s fees incurred in enforcing a judgment are collectible if the underlying judgment includes an award of attorney’s fees. 

Navitas has shown that Dr. Babaali’s only meaningful asset is his personal residence, and that therefore the sums expended obtaining a litigation guarantee and appraising the house were necessary to enforce the judgment. Navitas’ counsel states he has spent 65.65 total hours on this matter, billed at $275.00 per hour. Counsel’s declaration and the attached invoices indicate that the time spent and rate billed are reasonable. The underlying judgment includes an award of attorneys’ fees, therefore attorney’s fees incurred enforcing the judgment are recoverable.

GRANTED. Navitas is awarded $20,528.75 in fees and $1,489.00 in costs.