Judge Kerry Bensinger, Case Number: BC594264, Date: 2024-11-14 Tentative Ruling

This is a quiet title action. On November 22, 2016, Plaintiff Heidi Lindegaard Brask (formerly known as Heidi Annette Christiansen) filed a Notice of Settlement of Entire Case. On January 19, 2017, Plaintiff and Defendant Carmiel Cohen entered into a Settlement Agreement and Release (the “Agreement”). The court dismissed the action pursuant to the Agreement on February 16, 2017. The parties, who have two children together, agreed that Defendant was to make child support payments until the parties’ youngest child turned 18 years of age on July 25, 2021, and to pay Plaintiff the sum of $600,000. Within 90 days of July 25, 2021, Defendant was to make an additional payment of $862,000 for the benefit of the two children. As security for the payment of child support, Defendant was to execute a Deed of Trust in the amount of $350,000 on the property located at 6460 Colgate Avenue, Los Angeles, CA 90048 (the “Subject Property”). As to the $600,000 payment, Defendant was to make the payment within 90 days of July 25, 2021. As security, Defendant was to provide Plaintiff with a Second Deed of Trust in the amount of $600,000, to be reconveyed to Defendant upon receipt of the $600,000 payment.

Defendant was obligated to pay the sums of $862,000 and $600,000 to Plaintiff on October 23, 2021. Defendant did not make the payments. As required by the Agreement, on January 26, 2024, Plaintiff sent Defendant a Notice of Default and Opportunity to Cure. Under the Notice, Defendant had 15 days to cure the default. Defendant did not cure the default.

On February 14, 2024, Plaintiff filed a Motion to Enforce Settlement Agreement. Plaintiff also seeks an award of attorney’s fees and costs. After two hearings and supplemental briefing, the court granted Plaintiff’s motion on September 5, 2024. The court also granted Plaintiff’s request for attorney’s fees, costs, and expenses, and directed Plaintiff to file her motion for reasonable attorney’s fees, costs, and expenses within 30 days of the order.

On September 25, 2024, Plaintiff concurrently filed this Motion for Attorneys’ Fees and her Memorandum of Costs. Plaintiff now seeks her attorneys’ fees in the sum of $5,772.50 and costs in the amount of $165.25.

A prevailing party in entitled to recover costs, including attorneys’ fees, as a matter of right. (See Code Civ. Proc., §§ 1032(a)(4), 1032(b), 1033.5.)

Civil Code section 1717 states that “[i]n any action on a contract, where the contract specifically provides that attorney’s fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney’s fees in addition to other costs. (Civ. Code, § 1717(a).) The term “on a contract” is liberally construed to include any action that “involves” a contact. (Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 894.) “To determine whether an action is on the contract, we look to the complaint and focus on the basis of the cause of action.” (Brown Bark III, L.P. v. Haver (2013) 219 Cal.App.4th 809, 821.) “[F]ees are properly awarded under section 1717 ‘to the extent that the action in fact is an action to enforce—or avoid enforcement of—the specific contract.’” (Turner v. Schultz (2009) 175 Cal.App.4th 974, 980.) The prevailing party on the contract is “the party who recovered greater relief in the action on the contract.” (Civ. Code, § 1717(b)(1).)

Here, the court granted Plaintiff’s Motion to Enforce Settlement Agreement because Defendant failed to comply with the terms of the Agreement. Plaintiff is therefore the prevailing party. Further, pursuant to section 10.0, of the Agreement, the Parties expressly reserved their right to recover “reasonable attorney’s fees, costs and expenses incurred in the enforcement of this Agreement if any Party fails to comply with the terms and conditions of the Agreement.” As the court stated in its September 5, 2024, order, Plaintiff may recover her attorney’s fees, costs, and expenses subject to noticed motion. Further, the court finds Plaintiff’s request for attorneys’ fees in the sum of $5,772.50 and costs in the amount of $165.25 is reasonable.

Accordingly, the Motion for Attorneys’ Fees is GRANTED. Plaintiff is awarded her attorneys’ fees in the sum of $5,772.50 and costs in the amount of $165.25.

Kerry Bensinger

Judge of the Superior Court