Judge: John C. Gastelum, Case: 18-01026612, Date: 2023-12-07 Tentative Ruling

(1) Motion for Attorney Fees (2) Status Conference

Tentative Ruling:  Plaintiff Ascentium Capital LLC’s (“Plaintiff”) Motion for Attorney Fees is GRANTED.

Plaintiff moves for attorney fees in the amount of $49,806.90, pursuant to Code of Civil Procedure sections 1033.5(a)(10)(A) and 1033.5(c)(5)(B), as well as costs in the amount of $3,336.93. Plaintiff was the prevailing party in this action following a summary judgment motion. (ROA 208.) Plaintiff has produced evidence that contracts between Plaintiff and defendants Watch Me Grow Learning Center, Inc., Jennifer Williams and Linda Williams (collectively, “Defendants”) contained attorney fees provisions.  (Motion, Exhs. A-C.)  The court has reviewed the billing submitted by Plaintiff and finds the hourly billing rates are reasonable (and notes that Defendants have not objected to reasonableness of the rates), and the billed amounts also generally appear reasonable, with the following exceptions:

The court finds the 1-21-2020 entry for 5.6 hours spent in preparation for and appearance at CMC to be excessive. The court reduces the award by $1,025 (or 4.1 hours).

The court also deducts $2,049 for purely clerical tasks that were billed as attorney or paralegal time. This includes entries for service, e-filing, retrieving and saving documents from the court website, and checking the court’s website to see whether a ruling had issued.

The court finds the costs requested to be proper on their face and Defendants have made no objection thereto.

Accordingly, the court GRANTS the motion and awards Plaintiff $46,732.50 in attorney fees and $3,336.93 in costs.

Plaintiff to give notice.