Judge Elaine W. Mandel, Case Number: 21SMCP00166, Date: 2023-06-30 Tentative Ruling

Judge: Elaine W. Mandel, Case: 21SMCP00166, Date: 2023-06-30 Tentative Ruling

Case Number: 21SMCP00166 Hearing Date: August 8, 2023 Dept: P

Tentative Ruling

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

Hearing Date September 13, 2022. Continued to August 8, 2023

Motion to Tax Costs— Plaintiff SCLU’s Supplemental Brief

This court denied defendant Varastehpour’s (Vara) motion to set aside arbitration award on May 20, 2022. Plaintiff SCLU filed a memorandum of post-judgment fees and costs seeking $46,214.90. Vara filed a motion to tax, which the court granted in part, reducing the fees to $18,298.00.

On June 30, 2023 SCLU filed another memorandum of costs after judgment, seeking $55,862.55 in post-judgment attorney’s fees. Vara moves to strike and/or tax.

A trial court has discretion to disallow recovery of costs if it determines they lack sufficient evidentiary support or were incurred unnecessarily. See, e.g., Perko’s Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th 238, 245.

Vara argues the memorandum does not substantiate how or for what the claimed postjudgment fees were incurred. The opposition states attorney time was spent opposing Vara’s first motion to tax, preparing an application to sell the dwelling, engaging in settlement negotiations, drafting a settlement agreement and responding to Vara’s attempt to obtain an acknowledgment of satisfaction of judgment.

Some attorney’s fees are recoverable. The total sought is excessive, for example 30 hours spent in June 2023 responding to Vara’s efforts to obtain a notice for satisfaction of judgment. Plaintiff’s Exhibit O, pgs. 19-20. After examining the invoice, the time spent appears excessive by two-thirds. The court will reduce the $17,940.30 sought by $11,960.20.

The July 2022 billings, which include 24.19 hours spent opposing Vara’s motion to tax costs, are excessive, given that the motion was only five pages long. Exhibit O pgs. 1-2. The billing will be reduced by 50%, for a total July 2022 fee award of $5,695.08.

The rest of the claimed fees are reasonable. The total requested award will be reduced by $17,655.28. SCLU is awarded post-judgment attorney’s fees from July 2022 to the present of $38,207.27. GRANTED. Payable within 30 days.