Judge: Elaine W. Mandel, Case: 21SMCV01266, Date: 2025-04-22 Tentative Ruling

Case Number: 21SMCV01266    Hearing Date: April 22, 2025    Dept: P

Tentative Ruling

Elysienne v. Mehdizadeh, Case no. 21SMCV01266

Hearing date April 22, 2025

Plaintiff Elysienne’s Motion for Attorney’s Fees

Plaintiff sues defendants Mehdizadeh and Pineapple Ventures, Inc. for breach of contract and open book accounting. Defendants cross-complained for breach of contract, breach of the duty of good faith and fair dealing, fraud, professional negligence and unfair business practices.

The court issued sanctions on 5/17/2024 prohibiting defendants from supporting their COAs. Min. Order 5/17/2024. The court granted plaintiff’s motion for judgment on the pleadings on the cross-complaint. Min. Order 8/2/2024. The court granted plaintiff’s motion for judgment on the pleadings on the complaint 10/18/24. Min. Order 10/18/24. Plaintiff now moves for attorney’s fees. The motion is unopposed.

“Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” Cal. Code Civ. Proc. §1032(b). Attorney’s fees are allowable as costs when authorized by contract, statute, or law. Cal. Code Civ. Proc. §1033.5(a)(10).

Paragraph 6.7 of the parties’ contract authorizes attorney’s fees. The court granted judgment on the pleadings in plaintiff’s favor, making it the prevailing party. See Min. Order 10/18/24; see also Cal. Civ. Code §1717(b)(1) (“the party prevailing on the contract shall be the party who recovered a greater relief in the action on the contract.”) The motion is unopposed. Plaintiff is entitled to attorney’s fees.

Plaintiff requests $44,700. Plaintiff offers the declarations of counsel Stelmach and Richards. Plaintiff requests 20 hours at $1,150/hour and 10 hours at $1,225/hour for Richards’ work, totaling 30 hours and $35,250. Decl. Richards paras. 11-14. Plaintiff requests 21 hours at $450/hour for Stelmach’s work, totaling $9,450. Decl. Stelmach paras. 2, 6-7. Plaintiff asserts no duplicate hours were billed or requested. Decl. Stelmach para. 5.

Plaintiff requests 51 hours for a case ongoing since 7/28/21. This is reasonable; the court will not adjust the number of hours sought. However, the court adjusts Richards’ rate to a more reasonable $1,000/hour for all hours billed. The court awards 30 hours at $1,000/hour for $30,000, plus 21 hours at $450/hour for $9,450, totaling $39,450. GRANTED; fees payable within 30 days.