Judge: Katherine Chilton, Case: 21STLC03112, Date: 2023-05-01 Tentative Ruling

Case Number: 21STLC03112     Hearing Date: May 1, 2023    Dept: 25

PROCEEDINGS:      MOTION FOR ATTORNEY’S FEES IN THE AMOUNT OF $31,885.00 

MOVING PARTY:    Plaintiff Brian Whitaker

RESP. PARTY:         Defendant Jharana Thapa Chhetri

MOTION FOR ATTORNEY’S FEES

(CC 52)

TENTATIVE RULING:

Plaintiff Brian Whitaker’s Motion for Attorney’s Fees is CONTINUED TO JUNE 1, 2023 at 10:30 a.m. in Department 25, Spring Street Courthouse.

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 April 26, 2023                [   ] Late                      [X] None

REPLY:                     None filed as of April 26, 2023                [   ] Late                      [X] None

ANALYSIS:

I.                Background

On April 20, 2021, Plaintiff Brian Whitaker (“Plaintiff”) filed an action against Defendant Jharana Thapa Chhetri (“Defendant”). On December 21, 2022, Defendant accepted Plaintiff’s Offer to Compromise under Code of Civil Procedure (“CCP”) section 998, entering judgment in the amount of $4,000.00 for Plaintiff and against Defendant and agreeing that Plaintiff is entitled to an award of attorney fees and costs to be added to the judgment. On January 5, 2023, the Court entered the agreed-upon judgment.

On January 9, 2023, Plaintiff filed the notice of entry of judgment and served it on Defendant.

On February 7, 2023, Plaintiff filed the instant Motion for Attorney’s Fees in the Amount of $31,885.00 (the “Motion”).

The Court notes that a Substitution of Attorney was filed by counsel for Defendant on July 29, 2022.  The Substitution form states that Defendant is to be served at 2914 Edgehill Drive, Los Angeles, CA 90018.  Plaintiff has submitted two proofs of service for the Motion: 

(1)   One is attached to the Motion showing that Defendant was served by Electronic Mail Transmission on February 7, 2023 which is not permitted for self-represented litigants unless they consent in writing to such service.

(2)   One is filed separately, dated February 8, 2023, showing that Plaintiff served Defendant at 8539 Sunset Blvd., West Hollywood, CA 90069 without indicating if the service was by mail or some other method but regardless, it was not served at the Edgehill Drive address. 

Accordingly, the Motion is continued to June 1, 2023, so that Plaintiff can properly serve Defendant. 

II.              Conclusion & Order

For the foregoing reasons, Plaintiff Brian Whitaker’s Motion for Attorney’s Fees is CONTINUED TO JUNE 1, 2023 at 10:30 A.M. IN DEPARTMENT 25, SPRING STREET COURTHOUSE.

Moving party is ordered to give notice.