Judge: Holly J. Fujie, Case: 22STCV07973, Date: 2023-09-25 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: 22STCV07973    Hearing Date: September 25, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff

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

This action arises out of a commercial landlord/tenant relationship.  The first amended complaint alleges: (1) breach of lease. 

After this matter went to trial, a judgment (the “Judgment”) was entered in Plaintiff’s favor on June 20, 2023.  On June 27, 2023, Plaintiff filed a motion for attorney’s fees (the “Motion”).  The Motion seeks attorney’s fees in the amount of $13,082.50.

DISCUSSION

Under CCP section 1033.5, reasonable attorney’s fees may be awarded to a prevailing party where they are authorized by a contract, statute, or law.  (CCP § 1033.5, subd. (a)(10).)  Unless authorized by either statute or agreement, attorney’s fees ordinarily are not recoverable as costs.  (Reynolds Metals Co. v. Alperson (1979) 25 Cal.3d 124, 128.)  Civil Code section 1717 provides: in any action on a contract, where such contract specifically provides that attorney’s fees and costs, which are incurred to enforce the provisions of such contract, shall be awarded to one of the parties, the prevailing party, whether he is the party specified in the contract or not, shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.  (Civ. Code § 1717, subd. (a).) 

The lease agreement includes a provision that states: “In the event of any action or proceeding brought by either party against the other under this Lease, the prevailing party shall be entitled to recover for the fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the court may adjudge reasonable as attorneys' fees.” (Declaration of Ernie Zachary Park ¶ 2, Exhibit 1 at p. 38.)

The Court finds that Plaintiff has demonstrated its entitlement to attorney’s fees.  For this reason 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 25th day of September 2023