Judge: H. Jay Ford, III, Case: 21SMCV00282, Date: 2024-01-30 Tentative Ruling

Case Number: 21SMCV00282    Hearing Date: January 30, 2024    Dept: O

Case Name:  The Rama Fund, LLC v. Comstock, et al.

SUBJECT:                 MOTION FOR ATTORNEY FEES

MOVING PARTY:   Plaintiff Rama Fund, LLC

RESP. PARTY:         None.

TENTATIVE RULING

            Plaintiff Rama Fund, LLC’s Motion for Attorney Fees is GRANTED. The Court orders Defendant to pay $32,283.70 (agreed $30,000 flat rate, 4.6 hours at $400 per hour, 1.3 hours at $400, and $443.70 in filing fees) to Plaintiff Rama Fund, LLC. Plaintiff is the undisputed prevailing party on appeal and is entitled to attorney fees.

            Plaintiff Rama Fund, LLC’s RJN is GRANTED.

            “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.)

            “A notice of motion to claim attorney's fees on appeal--other than the attorney's fees on appeal claimed under (b)--under a statute or contract requiring the court to determine entitlement to the fees, the amount of the fees, or both, must be served and filed within the time for serving and filing the memorandum of costs under rule 8.278(c)(1) in an unlimited civil case or under rule 8.891(c)(1) in a limited civil case.” (CA ST CIVIL RULES Rule 3.1702.) “Within 40 days after issuance of the remittitur, a party claiming costs awarded by a reviewing court must serve and file in the superior court a verified memorandum of costs under rule 3.1700.” (Cal. Rules of Court, 8.278, subd., (c)(1).)

            A general principle of attorney fees includes “that statutes authorizing attorney fee awards in lower tribunals include attorney fees incurred on appeals of decisions from those lower tribunals. (Morcos v. Board of Retirement (1990) 51 Cal.3d 924, 927; see also Serrano v. Unruh (1982) 32 Cal.3d 621, 637 [“[I]t is established that fees, if recoverable at all—pursuant either to statute or parties' agreement—are available for services at trial and on appeal,” and “[t]his rule governs whether or not the sole issue on appeal has been fee entitlement.”].)

            It is undisputed that Plaintiff Rama Fund, LLC was the prevailing party on appeal. (See RJN, Exh. 2.) The Remittitur was issued on 11-16-23 (See RJN, Exh. 3), and this motion was filed on 12-26-23, satisfying the 40-day filing requirement of Rule 3.1702. Thus, Plaintiff is entitled to reasonable attorney’s fees by contract and statute.