Judge: Jon R. Takasugi, Case: 23STCV08561, Date: 2023-05-22 Tentative Ruling

Case Number: 23STCV08561    Hearing Date: May 22, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s motion to strike is DENIED.

            On 4/18/2023, Plaintiff Manoochehr Yashari (Plaintiff) filed an unlawful detainer action against Amber Webb (Defendant).

            Now, Defendant moves to strike Plaintiff’s request for attorney fees.

Discussion  

            Defendant moves to strike Plaintiff’s request for attorney fees, on the grounds that they are not authorized by any contract, statute, or law. (See CCP § 1033.5, subd. (a)(10).)

            However, in opposition, Plaintiff notes that the Complaint alleges that, on or about June 30, 2017, the parties here entered into a written, fixed term agreement, which provided for attorney fees.  (Complaint ¿ 7) This allegation is sufficient at the pleading stage to show an entitlement to attorney fees.

            Based on the foregoing, Defendant’s motion to strike is denied.

It is so ordered.

Dated:  May    , 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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