Judge: Gary I. Micon, Case: 22CHCV00289, Date: 2024-01-19 Tentative Ruling

Case Number: 22CHCV00289    Hearing Date: January 19, 2024    Dept: F49

Dept. F-49

Date: 1-19-24

Case #22CHCV00289

Trial Date: 4-29-24

MOTION FOR SANCTIONS

MOVING PARTY: Plaintiff Dunn Investment Properties, Inc.

RESPONDING PARTIES: No response filed

RELIEF REQUESTED

Sanctions in the amount of $9,840.00 for attorney fees and $60.00 in costs

SUMMARY OF ACTION

On August 8, 2023, this Court issued a ruling denying Defendants Charles and Sheila Johnson’s (Defendants) motion for reconsideration of the order granting summary adjudication on possession of the premises at issue in this case. The Court denied their motion for reconsideration on the basis that it did not present any new facts or law and instead tried to present new arguments without any explanation for why they did not present those arguments previously.

Plaintiff Dunn Investment Properties, Inc. (Plaintiff) now seeks sanctions from Defendants’ counsel, Dominic J. Trutanich and Anthony M. Horiates, in the amount of $9,840.00 for attorney fees and costs in the amount of $60.00. Plaintiff filed this motion pursuant to Code of Civil Procedure §§ 128.7 and 1008 based on Defendants’ failure to introduce any new facts or law in their motion for reconsideration. The amount that Plaintiff seeks in sanctions is based on its time opposing the motion for reconsideration and pursuing this motion for sanctions.

No opposition has been filed by Defendants.

RULING: Granted

Plaintiff moves for sanctions in the amount of $9,840.00 for attorney fees and $60.00 for costs.

Code of Civil Procedure  § 1008(a) states: “When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order.” (Emphasis added.) Further, “A violation of this section may be punished as a contempt and with sanctions as allowed by Section 128.7.” (Code of Civil Procedure § 1008(d).)

Code of Civil Procedure § 128.7(b) provides that “by presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person’s knowledge... (1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay… (2) [the] legal contentions therein are warranted by existing law… (3) The allegations and other factual contentions have evidentiary support… (4) The denials of factual contentions are warranted on the evidence…”

Plaintiff argues that Defendants’ counsel have abused Code of Civil Procedure § 1008 by filing a motion for reconsideration without a showing of “new or different facts, circumstances, or law” as required by that section. Plaintiff further argues that Defendants’ motion for reconsideration was filed for the improper purpose of causing delays in the litigation in violation of Code of Civil Procedure § 128.7(b)(1); was not supported by existing law in violation of Code of Civil Procedure § 128.7(b)(2); and lacked evidentiary support for their allegations in violation of Section 128.7(b)(3).

The Court agrees with Plaintiff’s reasoning. Sanctions should be assessed against Defendants’ counsel pursuant to Code of Civil Procedure §§ 1008 and 128.7.

Plaintiff has requested $9,840.00 in sanctions for attorney fees. Plaintiff’s counsel has a billing rate of $400.00 an hour. (Apollo Decl., ¶ 4.) Plaintiff’s counsel represents that he spent 4.3 hours defending the Motion for Reconsideration; spent 3.8 hours drafting the instant motion; anticipated spending 2.5 hours amending the opposition to the motion for reconsideration; anticipated spending 1.5 hours researching further law in opposition to the motion for reconsideration; anticipated spending 4 hours traveling to and arguing at the hearing on the motion for reconsideration; anticipates spending 4 hours traveling to and arguing at the hearing on the instant motion; anticipates spending 4 hours to draft a reply to the instant motion; and anticipates spending 0.5 hours discussing these proceedings with his client. (Apollo Decl., ¶¶ 5-12.) This is 24.6 hours in total. (Apollo Decl., ¶ 13.)

Because no opposition was filed to the motion for sanctions, Plaintiff has not filed a reply. That means that Plaintiff’s counsel’s anticipated 4 hours for drafting a reply to the instant motion can be subtracted from the amount for sanctions. That would be 20.6 hours at $400 an hour for a total of $8,240.00 in sanctions for attorney fees, plus $60.00 in costs.

Plaintiff’s motion for sanctions is granted in the total amount of $8,300.00 for attorney fees and costs. Defendants’ counsel are ordered to pay the sum of $8,300.00 to Plaintiff’s counsel within 30 days.

Moving party to provide notice.