Judge: Kenneth J. Medel, Case: 37-2022-00002824-CU-BC-CTL, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 11, 2024

01/12/2024  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00002824-CU-BC-CTL STEARNS BANK NATIONAL ASSOCIATION VS JURGENS CHIROPRACTIC PC CAUSAL DOCUMENT/DATE FILED: Motion for Attorney Fees, 07/18/2023

Plaintiff's Motion for Attorney Fees and Costs is GRANTED.

Plaintiff Bank made a commercial loan to Jurgens Chiropractic pursuant to Equipment Finance Agreement. Defendant Flores guaranteed Jurgens' payment obligations under the EFA pursuant to a Guaranty. Jurgens' defaulted which resulted in this litigation. The Court granted summary judgment in favor the bank and judgment has been entered against defendants. Pursuant to contract, plaintiff is entitled to reasonable attorney fees. The Court finds that the amount request for attorney fees to be reasonable and awards $28,597.00 (which amount is inclusive of $3,924.00 in attorney's fees incurred in bringing this motion. (Because this motion was not contested, the Court is not awarding attorney fees for anticipated costs to respond to opposition or appear at hearing.) Neither Jurgens nor Flores moved to strike or tax costs claimed in the Bank's Memorandum of Costs, served and filed on May 22, 2023. Therefore, all costs specified in the Bank's Memorandum of Costs totaling $1,775.90 are deemed allowed and are to be added by the clerk to the judgment pursuant to Rule 3.1700(b)(4) of the California Rules of Court ('After the time has passed for a motion to strike or tax costs or for determination of that motion, the clerk must immediately enter the costs on the judgment.') Calendar No.: Event ID:  TENTATIVE RULINGS

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