Judge: Elaine W. Mandel, Case: 22SMCV00724, Date: 2022-09-08 Tentative Ruling

Case Number: 22SMCV00724    Hearing Date: September 8, 2022    Dept: P

Tentative Ruling
Gagliano v. Beverly-Westwood Condominium Homeowners, Case No. 22SMCV00724
Hearing Date September 8, 2022
Defendant Beverly-Westwood’s Motion for Attorney’s Fees

Plaintiff Gagliano sued, challenging his disqualification as a candidate for defendant HOA’s board of directors. On July 1, 2022, the HOA prevailed at a court trial, as the court found Gagliano failed to request alternative dispute resolution as required under the HOA’s bylaws. The HOA seeks attorney’s fees of $18,390, for 38.3 hours billed by two attorneys at $250/hour.

The HOA requests the court award 16 hours at $450/hour for work by James Kosnett (JVK) and 22.3 hours at $350/hour for work by Louis Kosnett (LK). Additionally, the HOA requests 5.5 hours at $350/hour to draft this motion and 4 hours at $350 an hour reviewing the opposition, drafting a reply and appearing at the hearing.

The prevailing party in an action to enforce an HOA’s governing documents shall be awarded reasonable attorney’s fees and costs. Cal. Civ. Code §5975.

The HOA prevailed at trial, so is entitled to fees and costs under Cal. Civ. Code §5975. Gagliano argues several entries in the billing statement (exhibit D to motion) are vague and/or incomprehensible; these entries comprise 10.7 hours attributed to opposing his complaint. Gagliano argues the billing statement contains block entries and the HOA seeks an unreasonable amount of time strategizing and/or preparing for the hearing and excessive time on tasks such as preparation of the opposition brief. Gagliano argues the rates are unreasonable.

Each entry straightforwardly and succinctly describes the task performed and provides enough information for the court to gauge the nature of the task and its importance. The instances of block billing, with multiple tasks lumped under a single heading (6/8/2022 -.4 hours by attorney LK at $350 an hour, total $140; 6/15/2022 -.9 hours by LK at $350 an hour, total $315; entries from 6/27/2022 -.8 and .9 hours by LK at $350, total $595) are sufficiently specific, and for less than one hour each. These entries are not improper.

The court generally disagrees with claims of overbilling in terms of the number of hours requested. The total number of hours requested is not excessive. JVK and LK’s requested rates are $450 and $350/hour. However, counsel charged $250/hour to the HOA. It seems inequitable to ask the court to impose a fee award seeking rates that are significantly more than counsel charged their own client and were willing to accept from their client. All fees will be awarded at $250/hour for 38.3 hours of work (38.3 x $250/hour = $9,575). The court further awards five hours of time at $250/hour for work on this motion (5 x $250/hour = $1,250).

Fees of $10,825 to be awarded to defendant.