Judge: Joel R Wohlfeil, Case: 37-2022-00010261-CU-BC-CTL, Date: 2023-08-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 30, 2023

08/31/2023  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) 37-2022-00010261-CU-BC-CTL PLAZA DEL SOL LLC VS HAN [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Attorney Fees, 08/04/2023

The Motion (ROA # 41) of Plaintiff PLAZA DEL SOL, LLC ('Plaintiff') for an Order for attorneys' fees against Defendant DEOK WEON HAN ('Defendant'), is GRANTED in the reasonable amount of $12,244.50. Civ. Code 1717 and Code Civ. Proc. 1021 and 1033.5(a)(10).

Plaintiff is the prevailing party, and it is undisputed that the applicable lease agreement contains a provision permitting for the recovery of attorney fees. Plaintiff submits evidence supporting the claimed fees. The hourly rates and total hours incurred are reasonable for this type of action.

The 'flat fee' for initial case research and drafting the Complaint represents about 3.5 hours of work for attorney Stelzer ($425 per hour). This is a reasonable amount of time for the listed tasks. Defendant argues the Motion papers fail to provide sufficient information to determine the nature and value of the services rendered. However, the declaration of counsel and attached billing records are sufficiently detailed and support the award.

The Court will sign the proposed order - ROA # 44 - as completed, at the hearing of this Motion.

In addition, in reviewing this file, the Court noted Defendant appears to have filed a pleading entitled MOTION TO SET ASIDE JUDGMENT; POINTS AND AUTHORITIES; DECLARATION OF DEOK WEON HAN. See ROA # 46. Defendant did not calendar a hearing date and time nor does the Motion reflect a scheduled hearing date and time. Accordingly, the Court will not rule upon this purported Motion.

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