Judge: Kerry Bensinger, Case: 20STCV24733, Date: 2024-02-21 Tentative Ruling

Counsel may submit on the tentative ruling by emailing Dept. 31 before 8:30 the morning of the hearing. The email address is smcdept31@lacourt.org. Please do not call the court to submit on the tentative. Please do not submit to the tentative ruling on behalf of the opposing party. Please do not e-mail the Court if you plan to appear and argue.

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The tentative rulings authored by this court reflect that the court has read and considered all pleadings and evidence timely submitted to the court in connection with the motion, opposition, and reply (if any). Because the pleadings were filed, they are part of the public record.

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**Tentative rulings on Motions for Summary Judgment will only be available for review in the courtroom on the day of the hearing.

Case Number: 20STCV24733    Hearing Date: March 29, 2024    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:     March 29, 2024                      TRIAL DATE:  Disposed

CASE:                                Hannah Park, As Trustee of the Gyoung Jae Park and Yoon Hee Choe Life Estate Trust, et al. v. Beverly OB & GYN Medical Center, Inc.

CASE NO.:                 20STCV24733

MOTION FOR ATTORNEY FEES

MOVING PARTY:                   Plaintiffs Hannah Park, as Trustee of the Gyoung Jae Park and Yoon Hee Choe Life Estate Trust, et al.

RESPONDING PARTY:     Defendant Beverly OB & GYN Medical Center, Inc.

            On June 30, 2020, Plaintiff, Plaintiffs Hannah Park and David park, as Trustees of the Gyoung Jae Park and Yoon Hee Choe Life Estate Trust, filed this declaratory relief action against Defendant, Beverly OB & GYN Medical Center, Inc.  On January 20, 2023, Plaintiff filed the operative First Amended Complaint (FAC).

            On September 15, 2021, the court granted Plaintiffs’ motion for summary judgment.  Judgment was entered on October 4, 2021.

            On November 17, 2021, Defendant filed a Notice of Appeal.

            On July 25, 2023, the Court of Appeal issued a Remittitur affirming the judgment.

            On September 15, 2023, Plaintiffs filed this motion for attorney fees incurred from the appeal.  Defendants filed an opposition and Plaintiffs replied.

            On November 30, 2023, the parties filed a stipulation to continue the hearing for Plaintiffs’ motion for attorney’s fees. The basis for the stipulation was three-fold: (1) Plaintiffs have been sued by prior counsel for fees arising out of this instant matter including legal services rendered for the appeal; (2) Plaintiffs disputed the amount claimed and timely demanded arbitration, and (3) the result or resolution of that pending fee dispute may impact the award to be considered by this court.

            On February 21, 2024, the court continued the hearing for the motion to March 29, 2024 and directed the parties to notify the court of the status of arbitration no later than 5 court days before the hearing.

            On March 25, 2024, the parties filed a joint status report.  The report states that the related fee arbitration was continued to April 2, 2024.  As such, the parties agree to continue the hearing for this motion for another 45 days or as soon thereafter to allow the arbitrator to issue a written decision and findings.

            Accordingly, the hearing for Plaintiffs’ motion for attorney’s fees is CONTINUED to May 17, 2024 at 8:30 a.m. 

Moving party to give notice. 

Dated:   March 29, 2024