Judge: John J. Kralik, Case: 23BBCV00356, Date: 2023-12-01 Tentative Ruling

Case Number: 23BBCV00356    Hearing Date: December 1, 2023    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations of the Operative Complaint

On February 14, 2023, Plaintiff Milan REI VIII, LLC (“Plaintiff”) commenced this unlawful detainer action against Defendant Claudia Cota, an individual dba Legal Action Group & Associates, Inc. (“Defendant”). 

The action involves the properties located at 6400 Laurel Canyon Blvd., Suite 540, in North Hollywood, CA 91606.  Plaintiff alleges that on January 5, 2022, Defendant agreed to rent the premises at a monthly rent of $5,418 pursuant to a written agreement with Plaintiff.  Pursuant to the lease terms, Defendant’s rent would be reduced by 50% until November 1, 2022.  Plaintiff alleges that Defendant was served with a 3-day notice to pay rent or quit and that on February 7, 2023, the period stated in the notice expired.  Plaintiff alleges that at the time of the 3-day notice, the amount of rent due was $35,217.  Plaintiff seeks possession of the premises, costs incurred in this proceeding, past due rent of $35,217, reasonable attorney’s fees, forfeiture of the agreement, and damages at the fair rental value of the premises of $180.60 per day starting January 1, 2023.      

B.     Relevant Background

On May 5, 2023, the Court granted Plaintiff’s motion for summary judgment.

On May 9, 2023, judgment was entered in favor of Plaintiff and against Defendant, such that Plaintiff was awarded possession of the commercial premises and monetary damages in the amount of $52,374.

C.     Motion on Calendar

On July 6, 2023, Plaintiff filed a motion for attorney’s fees seeking $8,563 against Defendant. 

The Court is not in receipt of a written opposition brief.

DISCUSSION 

Plaintiff moves for attorney’ fees against Defendant in the total amount of $8,563.00.

A.    Entitlement to Attorney’s Fees

Plaintiff relies on the fee provision in the lease as the basis for attorney’s fees.  The lease states in relevant part:

In any action to enforce the terms of this Lease, including any suit by Landlord for the recovery of rent or possession of the Premises, the losing party shall pay the successful party a reasonable sum for attorneys’ fees and costs in such suit and such attorneys’ fees and costs shall be deemed to have accrued prior to the commencement of such action and shall be paid whether or not such action is prosecuted to judgment.

(Corey E. Taylor Decl., Ex. A [Lease, § 31.2(i)].) 

Here, the lease agreement provides for a basis of attorney’s fees for this action.  Plaintiff is the prevailing party in this action as judgement was entered in Plaintiff’s favor following its motion for summary judgment, such that Plaintiff was entitled to possession of the premises and damages in the form of unpaid rent.  As the prevailing party, Plaintiff is entitled to fees pursuant to the parties’ contract. 

B.     Reasonableness of Attorney’s Fees

Plaintiff seeks $8,563 in attorney’s fees against Defendant.  In support of the request, Plaintiff provides the declaration of its counsel, Mr. Taylor.

Mr. Taylor provides the breakdown of his billing in connection with the action.  (Taylor Decl., ¶¶7-12.)  He states that she has been an attorney since 1995 and provides his experience.  (Id., ¶¶13-14.)  Mr. Taylor states that his standard billing rate is $495/hour, but he charged a reduced rate of $395/hour from March 1, 2023 and then increased it to $425/hour thereafter, which he believes is standard in the legal community and for the landlord-tenant practice in particular.  (Id., ¶15.)  He states: “The total fees sought here consist of .7 hours of my time at $395 per hour ($276.50), 11.1 hours of my time at $425 per hour ($4,717.50), 10.6 hours of associate attorney time at $295 per hour ($3,127.00), .5 hours of paralegal time at $150 per hour ($75) and 2.1 hours of paralegal time at $175 per hour ($367.50). Thus, the total fees sought by Plaintiff here through today are $8,563.50.”  (Id.)  He provides his firm’s billing records/invoices as Exhibit C.  (Id., ¶7, Ex. C.)   

The Court has reviewed the billing records and finds that the tasks performed and the time spent by counsel and his staff on this action are reasonable.  Further, the Court finds that Mr. Taylor’s hourly rates are reasonable in light of his experience and the work performed in this action.

Accordingly, the motion for attorney’s fees is granted in the amount requested. 

CONCLUSION AND ORDER 

Plaintiff Milan REI VIII, LLC’s motion for attorney’s fees is granted in the amount of $8,563.00.

Plaintiff shall provide notice of this ruling. 

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