Judge: Gregory Keosian, Case: 22STCV33876, Date: 2023-12-06 Tentative Ruling

Case Number: 22STCV33876    Hearing Date: April 2, 2024    Dept: 61

Defendants Manjit Singh and Sunny Latino Market, Inc.’s Motion for Attorney Fees is GRANTED in the amount of $18592.50.

Defendants to provide notice.

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).)

In determining the proper amount of fees to award, courts use the lodestar method.  The lodestar figure is calculated by multiplying the total number of reasonable hours expended by the reasonable hourly rate.  “Fundamental to its determination . . . [is] a careful compilation of the time spent and reasonable hourly compensation of each attorney . . . in the presentation of the case.”  (Serrano v. Priest (1977) 20 Cal.3d 25, 48 (Serrano III).)  A reasonable hourly rate must reflect the skill and experience of the attorney.  (Id. at p. 49.)  “Prevailing parties are compensated for hours reasonably spent on fee-related issues.  A fee request that appears unreasonably inflated is a special circumstance permitting the trial court to reduce the award or deny one altogether.”  (Serrano v. Unruh (1982) 32 Cal.3d 621, 635 (Serrano IV).)  The Court in Serrano IV also stated that fees associated with preparing the motion to recover attorneys’ fees are recoverable.  (See id. at p. 624.)

Defendants Manjit Singh and Sunny Latino Market Inc. (Defendants) seek $18,592.50 in attorney fees, per a provision in the contract with Plaintiff Worldwide ATM, Inc. (Plaintiff). This contract states: “If suit or action is instated to enforce or interpret any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to costs, its reasonable attorney’s fees, irrespective of the Premises, the jurisdiction and venue for legal proceedings shall be the Central Courthouse of Los Angeles County.” (Motion Exh. 1.) Defendants having obtained summary judgment in their favor are the prevailing parties in this action.

The motion is supported by the declaration of Defendants’ counsel, Stephen J. Chonoles, who presents billing records supporting the amount of fees sought. (Chonoles Decl. ¶ 4, Exh. 3.) Chonoles’ rate is $400 per hour, and he presents work performed by his law clerk at $175 per hour, and his paralegals bill at $150 per hour. (Chonoles Decl. ¶¶ 5–7.) No opposition to the motion has been filed.

The motion is therefore GRANTED in the amount of $18,592.50.