Judge: Kerry Bensinger, Case: 20STCV38239, Date: 2023-09-08 Tentative Ruling

Case Number: 20STCV38239    Hearing Date: September 8, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     September 8, 2023                             TRIAL DATE:  September 13, 2024

CASE:                         Sarmen Essagholian v. Letter Four, Inc., et al.

CASE NO.:                 20STCV38239

MOTION FOR ATTORNEY’S FEES

MOVING PARTY:               Defendants Letter Four, Inc., Lauren Adams, and Jeremy Baker

RESPONDING PARTY:     Plaintiff Sarmen Essagholian

I.          BACKGROUND

On October 5, 2020, Plaintiff, Sarmen Essagholian, initiated this action against Defendants, Letter Four, Inc. (“Letter Four”), Lauren Adams (“Adams”), Jeremy Baker (“Baker”), Alfred Jr. Anderson (“Anderson”), Shieda Monique Brown Anderson, and Willie D. Campbel arising from a motor vehicle collision.  Plaintiff alleges Anderson caused the collision when he was driving the vehicle as an agent, servant, or employee of the other defendants. Plaintiff asserts causes of action for negligence and negligent hiring, supervision, or retention of employee against Letter Four, Adams, and Baker (collectively, “the Letter Four Defendants”).   

On December 17, 2021, the Letter Four Defendants filed a motion for summary judgment.  Plaintiff filed an opposition on April 1, 2022, and Letter Four Defendants filed a reply on April 8, 2022.  The motion was heard and granted on April 14, 2022.

On June 17, 2022, the Letter Four Defendants filed a motion for attorneys’ fees.

On September 22, 2022, the Court granted in part the Letter Four Defendants’ motion for attorney’s fees.  Pursuant to that order, Letter Four Defendants were limited to recover their attorneys’ fees incurred after February16, 2022, in connection with their summary judgment motion, including reviewing Plaintiff’s opposition, drafting the reply brief, and preparing for and attending the hearing.  Letter Four Defendants were directed to file a proposed order and revised calculation of their attorneys’ fees.  Plaintiff was permitted to file an objection to the proposed order if he took issue with the fee calculation.

On September 28, 2022, the Letter Four Defendants submitted their proposed order seeking $22,534.60 in attorneys’ fees.

On October 10, 2022, Plaintiff filed an objection to the proposed order.

On June 23, 2023, the Court calendared a hearing for the motion for attorneys’ fees for September 8, 2023.  No additional briefing has been submitted to the Court.

II.        DISCUSSION 

            Plaintiff objects to the Letter Four Defendants’ proposed order because it is not limited to costs incurred after February 16, 2022, in connection with their summary judgment motion.  Plaintiff also objects to the portion of the proposed order requiring payment of the attorneys’ fees within 30 days.            

            A review of the billing invoice for the period between February 16, 2022 and April 14, 2022 supports Plaintiff’s objections.  The billing invoice includes activities which are not clearly connected to Letter Four Defendants’ summary judgment motion.  (See Declaration of Sean A. Fredin, Ex. 1.)  For example, on February 18, 2022, Letter Four Defendants billed for the following:

·         Correspondence to opposing counsel regarding person most knowledgeable deposition.

·         Conference with the client regarding continuing the trial.

·         Correspondence to the client regarding document production.

            None of the foregoing appear to be connected to Letter Four Defendants’ summary judgment motion.  As such, Letter Four Defendants are ordered to review their billing and provide an updated invoice which supports their attorneys’ fees request consistent with the Court’s February 16, 2022 order.

            As to the portion of the proposed order requiring payment within 30 days, the Court will hear from the parties and modify the proposed order accordingly.

IV.       CONCLUSION

            The motion for attorneys’ fees is CONTINUED to November 16, 2023 at 1:30 PM in Department 27 of the Spring Street Courthouse.  Letter Four Defendants are ordered to justify their attorneys’ fees request.  Supplemental briefing must be filed no later than November 2, 2023.  Plaintiff may file an objection by November 9, 2023. 

            Moving party to give notice. 

Dated:   September 8, 2023                            ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.