Judge: Joel R Wohlfeil, Case: 37-2022-00004986-CU-BC-CTL, Date: 2024-01-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 04, 2024

01/05/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00004986-CU-BC-CTL RETIN VS PRIMOSHER [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Attorney Fees, 12/12/2023

The Motion (ROA # 51) of Plaintiff WILLIAM RETIN ('Plaintiff') for an award of attorneys' fees and expenses is GRANTED IN PART and DENIED IN PART.

Attorney fees are awarded in the reasonable amount of $14,350.00. Civ. Code 1717 and Code Civ.

Proc. 1032 and 1033.5(a)(10)(A).

However, the ordinary costs can only be awarded pursuant to the Memorandum of Cost procedure. See California Rules of Court, Rule 3.1700.

Defendant's evidentiary objections (ROA # 55) are OVERRULED.

Plaintiff's Request (ROA # 58) for judicial notice is GRANTED.

Plaintiff is the prevailing party as against Defendant PF Bakeries LLC, dba PF Pita Chips LLC, dba Lang's Bakery, dba Langs Bakery ('Defendant'). It is undisputed that a contract exists between Plaintiff and this Defendant, and that this action was premised on that contract.

Defendants' argument that this Motion is not timely lacks merit. The deadline to file a motion for attorney fees runs from the date judgment is entered. See California Rules of Court, Rules 3.1702 and 8.104.

Judgment has not yet issued such that this deadline could not have expired. The minute order dated September 11, 2023 constitutes the ruling after the bench trial, not a judgment. Tellingly, the minute order states: 'The Court directs Plaintiff to prepare the judgment.' The 'burden is on the party seeking attorney fees to prove that the fees it seeks are reasonable. Center for Biological Diversity v. County of San Bernardino (2010) 188 Cal. App. 4th 603, 615. The declaration of Maria J. Nunez and the attached billing matrix sufficiently evidence counsel's hourly rate and the hours incurred. The billing records are sufficiently detailed. Specifically, the entry for February 8, 2022 is sufficient. The single entry for the period of September 5 through 10, 2023 could be problematic because it includes multiple days and tasks. However, it only lists ten hours of billed time for trial preparation, drafting a trial brief, drafting the TRC report, drafting motions in liminie, and meeting with the client. This is a reasonable amount of time on its face given these multiple and complex tasks.

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