Judge: John C. Gastelum, Case: 22-01258832, Date: 2023-08-09 Tentative Ruling

Motion for Attorney Fees

Ruling:  Off Calendar– no hearing will be held.   Plaintiff/Petitioner City of Garden Grove’s (“City”) unopposed Motion for Attorney Fees (“Motion”) is DENIED without prejudice.

The present matter is still ongoing as the receiver has not filed for, or been, discharged.

Health and Safety Code section 17980.7(c)(11) provides that: “The prevailing party in an action pursuant to this section shall be entitled to reasonable attorney’s fees and court costs as may be fixed by the court.” . . .

Generally, there can be no prevailing party until there is a final judgment. (Kaura v. Stabilis Fund II, LLC (2018) 24 Cal.App.5th 420, 436.) The court does not make interim attorney fee awards absent clear expression of legislative intent to permit such interim awards. (Bell v. Farmers Ins. Exchange (2001) 87 Cal.App.4th 805, 831 [re Labor Code].) Here, the motion is premature. The court has issued no judgment or final order, and the City continues to incur enforcement costs during the pendency of this action.

The Motion is denied without prejudice.

City to give notice.