Judge: Elaine W. Mandel, Case: 21SMCP00166, Date: 2022-09-13 Tentative Ruling

Case Number: 21SMCP00166    Hearing Date: September 13, 2022    Dept: P

Tentative Ruling

Southern California Land Use, Inc. v. Varastehpour et al., Case No. 21SMCP00166

Hearing Date September 13, 2022

Motion to Tax Costs— Plaintiff SCLU’s Supplemental Brief

The court denied defendant Varastehpour’s motion to set aside arbitration award on May 20, 2022. Plaintiff SCLU filed a memorandum of post-judgment fees and costs; Varastehpour moved to tax, arguing SCLU was not entitled to attorney’s fees. On August 11, 2022 the court found SCLU was entitled to recover fees incurred enforcing arbitration, but the supporting evidence SCLU submitted was insufficient to determine whether the fees requested were reasonable. SCLU filed a supplemental declaration.

The declaration indicates counsel spent 67.14 hours opposing Varastehpour’s motion to tax costs, requesting $36,596.40 at an average rate of $545.08. This is unreasonable; the issue was not complex. It turned on a straightforward question of statutory interpretation, whether Varastehpour’s motion was time-barred under Cal. Code of Civ. Proc. §§1288 and 473. The court will award a reasonable number of hours billed at $545.08. SCLU may recover $18,298 for time spent opposing the motion, a 50% reduction.

The court also declines to award the requested $9,619.05 for unspecified post-judgment enforcement as unreasonable and excessive. SCLU is awarded $18,298. GRANTED pursuant to the above modifications.