Judge: Keri G. Katz, Case: 37-2019-00041913-CU-FR-CTL, Date: 2023-11-09 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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HALL OF JUSTICE
TENTATIVE RULINGS - November 08, 2023
11/09/2023 08:30:00 AM C-74 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:Keri Katz
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Civil - Unlimited Fraud Motion Hearing (Civil) 37-2019-00041913-CU-FR-CTL CUI VS SECURED CAPITAL LIMITED PARTNERSHIP [IMAGED] CAUSAL DOCUMENT/DATE FILED:
Defendants Secured Capital Limited Partnership and El Dorado Properties, Inc.'s motion for attorneys' fees is GRANTED. CC § 1717.
Following entry of judgment in favor of Defendants [ROA 302], the court finds Defendants are the prevailing party under the Lease Agreement for purposes of the award of CC § 1717 attorneys' fees.
As to the amount of fees, PLCM Group v. Drexler (2000) 22 Cal.4th 1084 sets forth the applicable analysis.
[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. 'California courts have consistently held that a computation of time spent on a case and the reasonable value of that time is fundamental to a determination of an appropriate attorneys' fee award.' (Margolin v. Regional Planning Com. (1982) 134 Cal.App.3d 999, 1004-1005 [185 Cal.Rptr. 145].) The reasonable hourly rate is that prevailing in the community for similar work. (Id. at p. 1004; Shaffer v. Superior Court (1995) 33 Cal.App.4th 993, 1002 [39 Cal.Rptr.2d 506].) The lodestar figure may then be adjusted, based on consideration of factors specific to the case, in order to fix the fee at the fair market value for the legal services provided.
(Serrano v. Priest, supra, 20 Cal.3d at p. 49.) PLCM Group, 22 Cal.4th at 1095. These factors include ' ' the nature of the litigation, its difficulty, the amount involved, the skill required in its handling, the skill employed, the attention given, the success or failure, and other circumstances in the case.' ' PLCM Group, 22 Cal.4th at 1096 citing Melnyk v. Robledo (1976) 64 Cal.App.3d 618, 623-624.
The court finds the hourly rates charged by Defendants' attorneys reasonable. Based on the evidence and authorities Defendants submit, and based on the court's own experience, the court finds the rates charged are commensurate with counsel's skill and experience and within the range of market rates charged by attorneys of equivalent experience, skill and expertise. PLCM Group, 22 Cal.4th at 1095 ['[t]he reasonable hourly rate is that prevailing in the community for similar work'].
Based on the factors set forth above, the court's own experience and the court's familiarity with this case, and absent any opposition from Plaintiff, the court finds the hours spent by Defendants' attorneys reasonable. The court exercises its discretion in favor of a finding of attorneys' fees of $230,741.00 as reasonable.
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2989118 5 CASE NUMBER: CASE TITLE: CUI VS SECURED CAPITAL LIMITED PARTNERSHIP [IMAGED] 37-2019-00041913-CU-FR-CTL Defendants also seek $19,688.47 in statutory costs. Court records show that Defendants filed their Memorandum of Costs on June 16, 2023 [ROA 305] and that Plaintiff did not file a motion to tax within the 15-day time period required under California Rules of Court, Rule 3.1700(b)(1). Absent a timely motion to tax, there is no basis for Plaintiff to challenge Defendants' claimed statutory costs.
Accordingly, the court awards Defendants' statutory costs of $19,688.47.
The court directs the clerk to interlineate the Judgment [ROA 302] to reflect the award of attorneys' fees of $230,741.00 and costs of $19,688.47 in favor of Defendants Secured Capital Limited Partnership and El Dorado Properties, Inc. and against Plaintiff Paul Cui.
If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.
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