Judge: Jon R. Takasugi, Case: 21STCV11869, Date: 2022-07-28 Tentative Ruling

Case Number: 21STCV11869    Hearing Date: July 28, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Sandoval’s motion for attorney fees is DENIED.  

            On 3/26/2021, Plaintiff Donelle Sandoval (Plaintiff or Sandoval) initiated this action against Boys and Girls Clubs of Metro Los Angeles, Calvin Lyons, Veronica Jimenez, and Norma Reyes (collectively, Defendants). On 8/19/2021, Plaintiff filed a first amended complaint (FAC) against Defendants, alleging: (1) discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) declaratory judgment; (5) wrongful termination; (6) failure to indemnify for necessary business expenses; (7) failure to provide rest periods; and (8) unfair competition.

            On 9/21/2021, Cross-Complainant Boys and Girls Club of Metro Los Angeles (BGCMLA) filed a cross-complainant (XC) against Cross-Defendant Sandoval, alleging: (1) defamation; and (2) intentional interference with prospective economic advantage. 

            On 1/6/2022, the Court granted in part Sandoval’s motion to strike as to the second cause of action, but denied the motion as to the first cause of action.

            Now, Sandoval moves for attorney fees pursuant to CCP section 425.16(c).

Discussion

            CCP section 425.16(c) provides:

(c) (1) Except as provided in paragraph (2), in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney’s fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney’s fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.

            Accordingly, Sandoval moves to recover attorney fees as the prevailing party on the second cause of action for intentional interference with prospective economic advantage. However, the Court’s ruling granting Sandoval’s motion as to the second cause of action was made without prejudice, and expressly provided that BGCMLA may seek leave to amend in the future if evidence is forthcoming:

Given that BGCMLA admits that it is unable at this time to show economic harm as required to establish this cause of action, BGCMLA has not met its burden, and Sandoval’s special motion to strike is granted as to this cause of action. The Court grants BGCMLA’s request that this ruling be made without prejudice, and it may seek leave to amend in the future if evidence of economic harm is forthcoming.

            (1/6/2022 Ruling)

            In light of this, attorney fees are not properly awarded at this time.  This is because if the Court were to grant Sandoval attorney fees as the prevailing party on this cause of action, and BGCMLA were to later amend the complaint and prevail on this cause of action at the summary judgment or trial stage, there would be conflicting judgments as to the prevailing party on the intentional interference with prospective economic advantage in this action. Accordingly, Sandoval’s motion is premature at this time, and it is highly questionable whether Defendant’s motion was “frivolous or is solely intended to cause unnecessary delay.”  

            Based on the foregoing, Sandoval’s motion for attorney fees is denied without prejudice. 

It is so ordered.

Dated:  July    , 2022

   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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