Judge: Jon R. Takasugi, Case: 19STCV20062, Date: 2023-01-23 Tentative Ruling

Case Number: 19STCV20062    Hearing Date: January 23, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion for an award of after-judgment costs of $1,648.60 incurred in enforcing the award of attorney fees following this Court’s anti-SLAPP ruling is GRANTED.

On June 7, 2019, Plaintiff Jacob Reich filed a Complaint against Defendant Mansour Hashem. On September 1, 2020, Plaintiff filed a second amended complaint (SAC) alleging: (1) breach of written contract; (2) money had and received; (3) common counts; (4) open book account; (5) account stated; (6) failure to honor checks; (7) fraud; (8) negligence; (9) unjust enrichment; (10) judiciary foreclosure; and (11) reformation of contract.

On September 9, 2019, Defendant filed a XC against Plaintiff, setting forth claims for (1) fraud, (2) breach of fiduciary duty, and (3) declaratory relief. 

            Now, Plaintiff moves for an award of after-judgment costs.

Discussion 

            Plaintiff moves to recover costs incurred enforcing the 6/3/2021 judgment for the principal sum of $15,000.00, following an order granting Plaintiff attorney fees for Defendant’s frivolous anti-SLAPP motion.

            This motion, originally scheduled for 11/7/2022 (which the Court tentatively granted), was continued after Defendant moved ex parte for a continuance based on unavailability due to illness.

            Despite granting this request, Defendant still did not oppose this motion, nor is there any indication that he has since paid the underlying award.

            Given his failure to oppose, Defendant is considered to have conceded to the merits of the motion.

            Based on the foregoing, Plaintiff’s motion for an award of after-judgment costs of $1,648.60 is granted.

It is so ordered.

Dated:  January    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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