Judge: James A. Mangione, Case: 37-2016-00025716-CU-BC-CTL, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 18, 2024

04/19/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2016-00025716-CU-BC-CTL PANCHO VILLA NO 2 LLC VS F & R REAL ESTATE INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Cross-Defendant Stephen Boney's Motion for Attorney's Fees is granted in part.

In this motion, Stephen Boney seeks over one million dollars in attorney fees from Cross-complainant, F&R Real Estate ('F&R'). F&R sued cross-defendant, Pancho Villa No. 2, LLC, for breach of lease. Mr.

Boney was not a party to the lease. Mr. Boney was instead a personal guarantor of Pancho Villa's obligations under the lease. The claims advanced at this lengthy trial by F&R against Mr. Boney were based solely on this guarantee.

Mr. Boney prevailed because the guarantee expired. His guarantee was not litigated in any significant way. The Court rejects the argument that Mr. Boney, individually, incurred over $1 million in attorney fees to prove his guarantee had expired. Other than the introduction of the lease documents and guarantee, there was virtually no testimony concerning Mr. Boney's individual liability. Mr. Boney did not testify.

The parties agree the Court has broad discretion to determine if Mr. Boney suffered a recoverable loss by paying attorney fees and, under equitable principles, the amount. The Court may apportion fees even where the issues are connected, related, or intertwined. (El Escorial Owners' Assn. v. DLC Plastering Inc. (2007) 154 Cal.App.4th 1337, 1365.) Although there are no detailed billing records identifying the attorney work performed for Mr. Boney, in contrast to the work performed for Pancho Villa LLC, the Court agrees with counsel for F&R that a reasonable fee is $20,000.

Accordingly, the motion is granted in part; Cross-Defendant, Stephen Boney, is awarded attorney fees in the amount of $20,000, payment to be made within forty-five (45) days.

The minute order is the order of the Court.

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