Judge: Katherine Chilton, Case: 19STCP05534, Date: 2022-09-29 Tentative Ruling

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Case Number: 19STCP05534     Hearing Date: September 29, 2022    Dept: 25

PROCEEDINGS:      MOTION FOR ATTORNEYS’ FEES AND COSTS

MOVING PARTY:   Judgment Creditor The Village of Copper Basin Community Association

RESP. PARTY:         None

MOTION FOR ATTORNEYS’ FEES AND COSTS

(CCP § 685.040)

TENTATIVE RULING:

Judgment Creditor The Village of Copper Basin Community Association’s Motion for Attorney’s Fees and Costs is GRANTED. The Court awards Judgment Creditor attorney’s fees of $2012.50 and costs of $555.91 for a total of $2,568.41.

SERVICE: 

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[X] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          None filed as of Sept. 28, 2022                [   ] Late                      [X] None

REPLY:                     None filed as of Sept. 28, 2022                [   ] Late                      [X] None

ANALYSIS:

I.                Background  

On December 19, 2019, Judgment Creditor The Village of Copper Basin Community Association (“Judgment Creditor”) filed an Application for Entry of Judgment on Sister State Judgment against Judgment Debtors Stefan T. Lee and Jane Doe Lee, husband and wife (collectively, “Judgment Debtors”). That same day, a judgment of $8,532.52 was entered against Judgment Debtors.

On October 26, 2020, Judgment Creditor filed a Motion for Attorney’s Fees and Costs, which the Court granted on May 19, 2021, for fees and costs through October 20, 2020. (5/19/21 Minute Order).

On June 7, 2022, Judgment Creditor filed a second Motion for Attorney’s Fees and Costs (the “Motion”), for fees and costs from October 21, 2020 to the present.

No opposition was filed.

II.              Request for Judicial Notice

Judgment Creditor requests that the Court take judicial notice of (1) the relevant portions of the Declarations of Covenants, Conditions, and Restrictions for the Village of Copper Basin recorded in the Pinal County, State of Arizona’s County Recorder’s Office on November 18, 2020, Instrument No. 2002-062825, (2) the judgment entered in the Apache Junction Justice Court, County of Pinal, State of Arizona case entitled The Village of Copper Basin Community Association v. Stefan T. Lee and Jane Doe Lee, Case No. CV2012-1534, and (3) a copy of the judgment entered in the instant action.  Judgment Creditor’s request is GRANTED. (Evid. Code, § 452, subds. (c), (d).)

III.            Legal Standard

The Court’s objective is to award attorney’s fees at the fair market value based on the particular action. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132.) “The reasonable hourly rate is that prevailing in the community for similar work.” (PLCM Group v. Drexler (2000) 22 Cal.4th

1084, 1095.) “‘[T]he fee setting inquiry in California ordinarily begins with the 'lodestar,' i.e., the

number of hours reasonably expended multiplied by the reasonable hourly rate . . . .’” (Ketchum

v. Moses (2001) 24 Cal.4th 1122, 1134.) The lodestar method is based on several factors, as relevant

to each particular case: “(1) the novelty and difficulty of the questions involved, (2) the skill

displayed in presenting them, (3) the extent to which the nature of the litigation precluded other

employment by the attorneys, (4) the contingent nature of the fee award.” (Id. at 1132.) “The

‘‘experienced trial judge is the best judge of the value of professional services rendered in his

court, and while his judgment is of course subject to review, it will not be disturbed unless the

appellate court is convinced that it is clearly wrong.’’” (Id.) A negative modifier is appropriate

when duplicative work is performed. (Thayer v. Wells Fargo Bank, N.A. (2001) 92 Cal.App.4th 819.)

Code of Civil Procedure, section 685.070, subdivision (a) states in pertinent part: “The judgment creditor may claim under this section the following costs of enforcing a judgment: . . . (6) Attorney's fees, if allowed by Section 685.040.” Code of Civil Procedure section 685.040 provides that a “judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment.” Attorney’s fees incurred in enforcing a judgment are expressly excluded unless otherwise provided by law. (Id.) Attorney’s fees that are incurred in enforcing a judgment are collectible as costs “if the underlying judgment includes an award of attorney’s fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of section 1033.5” which allows for attorney’s fees when authorized by contract. (Id; Code Civ. Proc., § 1033.5, subd. (a)(10)(A).) 

In addition, Code of Civil Procedure, section 685.080 subdivision (b) requires that:

“[t]he notice of motion shall describe the costs claimed, shall state their amount, and shall be supported by an affidavit of a person who has knowledge of the facts stating that to the person's best knowledge and belief the costs are correct, are reasonable and necessary, and have not been satisfied. The notice of motion shall be served on the judgment debtor. Service shall be made personally or by mail.”

IV.           Discussion

Here, the judgment in the underlying action provides for “all costs and attorney fees incurred by [Judgment Creditor] after submission of this judgment for entry by the Court in collecting the amounts listed in this Judgment.” (5/19/21 Minute Order; referencing Mot. RJN, Exh. 2.) In addition, the underlying contract (i.e., the CC&Rs) states that Debtors are personally obligated to pay the Association’s attorney’s fees and costs incurred in collecting delinquent asssessments.  (See, CC&Rs, Article 6, Section 6.1). Thus, Judgment Creditor is entitled to attorney’s fees and costs in enforcing and collecting its judgment under Code of Civil Procedure section 685.040 and the CC&Rs. The judgment has not yet been satisfied. (Mot., Baillio Decl., ¶ 4.)

Judgment Creditor seeks fees incurred between October 21, 2020 and the present and submits the declaration of its attorney, B. Austin Baillio (“Baillio”) in support of its request. (Mot., p. 4, Baillio Decl., ¶¶ 6-15, Exh. A.)

Judgment Creditor seeks attorney’s fees of $2,012.50. (Baillio Decl. ¶ 14). Baillio’s billing rate was $300.00 per hour until January 1, 2022, at which point it became $325.00 per hour.  (Id.at ¶ 7). Baillio states that he billed 4.1 hours in collection efforts in this matter which does not include time billed for this Motion. (Id.) He also charged the Association a flat fee of $450.00 to obtain a writ of execution. (Id.)  His total fees are $1,230.00.  (Id.)  In addition, several paralegals provided support at a billing rate of $125.00 per hour.  The paralegals billed a total of 1.3 hours in assisting with collections, for a total of $165.00.  (Id. at ¶¶ 9-12).  In addition, Baillio spent 1.5 hours drafting this Motion, the declaration and request for judicial notice in support, the history bill, the proposed order and the proof of service. He anticipates billing an additional 0.4 hours at $325.00 per hour to attend the hearing on this Motion.  (Id. at ¶ 13).

With regard to costs,  Baillio states that they total $555.91, which includes a $61.65 filing fee for this Motion and $15.00 for the telephonic fee. (Baillio Decl. ¶¶ 13, 17; Exh. A.)

Having reviewed the attached billing record, the Court finds the time billed, the rate charged, and the costs sought to be reasonably incurred in collection efforts to benefit Judgment Creditor. Thus, Judgment Creditor is awarded $2,012.50 in attorney’s fees and $555.91 in costs.

V.             Conclusion & Order

For the foregoing reasons, Judgment Creditor The Village of Copper Basin Community Association’s Motion for Attorney’s Fees and Costs is GRANTED. The Court awards Judgment Creditor attorney’s fees of $2,012.50 and costs of $555.91, for a total of $2,568.41.

Moving party is ordered to give notice.