Judge: James A. Mangione, Case: 37-2020-00027037-CU-OR-CTL, Date: 2024-05-24 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 23, 2024

05/24/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2020-00027037-CU-OR-CTL CHIAESE VS MICHAELS [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants' Motion for Attorney's Fees is granted in part.

The Court finds that Defendants are the prevailing parties on the causes of action alleging violations of CCP §§ 1942.4 and 1942.5. Therefore, they are entitled to an award of attorney's fees.

The Court finds that an hourly rate of $400 is reasonable. However, the Court agrees that the number of hours worked by Mr. Ziegler are excessive for the two causes of action upon which Defendants are entitled to attorneys' fees. Although there is undoubtedly some crossover between the work performed defending against the breach of the warranty of habitability and retaliation claims and Plaintiff's other claims, including intentional infliction of emotional distress and invasion of privacy, the Court does not find these issues intertwined enough to warrant recovery of all attorney's fees on all causes of action.

Consequently, the Court finds that 145.2 hours, or 30% of the total hours worked, is a reasonable amount of time for Counsel to have spent defending against the CCP §§ 1942.4 and 1942.5 claims.

Plaintiff does not challenge the hourly rate or hours spent on paralegal work, and the Court finds the requested amounts reasonable.

Defendants are awarded attorney's fees of $63,930.

The minute order is the order of the Court.

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