Judge: Joel R Wohlfeil, Case: 37-2022-00023763-CU-BC-CTL, Date: 2024-05-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - May 30, 2024

05/31/2024  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) 37-2022-00023763-CU-BC-CTL ENGDAW VS FARIES [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 04/17/2024

The unopposed Motion (ROA # 58) of Defendant AMSAL ENGDAW ('Engdaw' or 'Defendant') for an order for attorney's fees in the amount of $19,730.92 and costs in the amount of $829.08 against Defendant HABTAMU FARIES ('Faries' or 'Plaintiff'), is GRANTED IN PART and DENIED IN PART.

The Motion is GRANTED in the amount of $19,730.92 for attorney's fees only. Civ. Code 1717, and Code Civ. Proc. 1021 and 1033.5(a)(10).

As reflected in the judgment (ROA # 55), the entitlement to an award for ordinary costs must be pursuant to a Memorandum of Costs.

Regarding the award for attorney's fees, the judgment reflects that Plaintiff is the prevailing party and is entitled to the recovery of attorney fees pursuant to the promissory note.

Also, the declarations of Plaintiff and Plaintiff's counsel, and the attached exhibits, support the claimed fees. The hourly rates are reasonable and the total hours incurred are reasonable and necessary.

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