Judge: Gregory Keosian, Case: 19STCV44611, Date: 2023-02-07 Tentative Ruling

Case Number: 19STCV44611    Hearing Date: February 7, 2023    Dept: 61

I.                   MOTION FOR ATTORNEY FEES

“Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.” (Code Civ. Proc., § 1021.)

“In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs.” (Civ. Code, § 1717, subd. (a).) “[T]he party prevailing on the contract shall be the party who recovered a greater relief in the action on the contract.” (Civ. Code, § 1717, subd. (b)(1).)

This court on June 20, 2022, entered judgment in favor of Plaintiff M&O Holdings, LLC (Plaintiff), including an award of $23,885.00 in attorney fees, based on a previous motion for same. On November 7, 2022, this court denied Defendant David Cunningham’s motion to set aside the judgment. Plaintiff thus seeks fees incurred in that motion and bringing the present motion for fees, both under the attorney fee provision for prevailing parties contained in the lease at issue (Puritsky Decl. Exh. A), and under Code of Civil Procedure § 685.040, which allows for attorney fees incurred in enforcing the judgment, if the judgment enforced includes an attorney fee award. (Code Civ. Proc. § 685.040.)

The fees that Plaintiff seeks amount to $19,332.50, representing 47.7 hours of work by two attorneys at $395 and $475 per hour. (Puritsky Decl. Exh. D.) As attested to in the billing records provided with the motion, this time is divided into 24.4 hours at $475 per hour spent contesting Defendant’s motion to vacate judgment, and 23.3 hours preparing the present motion for fees. (Ibid.) Each attorney provides a declaration attesting to their qualifications and experience in litigation of this type in support of the rates charged. (Puritsky Decl. ¶¶ 7–9; Moore Decl. ¶ 2.) The charges described in the billing records are reasonable, as are the hourly rates. Defendant has filed no opposition to this motion.

The motion for attorney fees is therefore GRANTED in the amount of $19,332.50.