Judge: Holly J. Fujie, Case: 19STCP03171, Date: 2023-09-06 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 19STCP03171    Hearing Date: September 6, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Petitioner Rosen & Associates, P.C. (“Petitioner”)

The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

On August 9, 2023, Petitioner filed a motion to amend judgment and for attorney’s fees (the “Motion”).  The Motion requests that the Court award Petitioner attorney’s fees incurred on appeal in the amount of $210,615 and amend the Judgment to reflect that Petitioner’s recovery also includes the attorney’s fees previously awarded by this Court on March 1, 2021.

REQUEST FOR JUDICIAL NOTICE

            Petitioner’s Request for Judicial Notice is GRANTED.

DISCUSSION

Civil Code section 1717, subdivision (a) provides for an award of attorney’s fees and costs to a prevailing party 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).)  Where a contract or a statute creates a right for the prevailing party to recover attorney fees, the prevailing party is also entitled to attorney fees on appeal.  (Villinger/Nicholls Development Co. v. Meleyco (1995) 31 Cal.App.4th 321, 329.)   

The Court finds that Petitioner has demonstrated its entitlement to attorney’s fees incurred on appeal and finds it appropriate to amend the Judgment, consistent with the Court of Appeal’s June 15, 2023 Remittitur.  (See Declaration of Robert C. Rosen (“Rosen Decl.”) ¶¶ 2-12.)  For these reasons and because it is unopposed, the  Court GRANTS the Motion.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) 

Moving party is ordered to give notice of this ruling.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar. 

  Dated this 6th day of September 2023