Judge: Kevin C. Brazile, Case: 24STCV09664, Date: 2024-10-03 Tentative Ruling

Hearing Date: October 3, 2024

Case Name: Spratt, et al. v. Ward, et al.

Case No.: 23STCV25793

Matter: Motion for Attorneys’ Fees

Moving Party: Plaintiffs Jessica Spratt, Steven Spratt, and Carla Whalen

Responding Party: Defendants James M. Ward and Duopoly, LLC

Notice: OK

Ruling: The Motion is granted in part.

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

On October 23, 2023, Plaintiffs Jessica Spratt, Steven Spratt, and Carla Whalen filed the operative Complaint against their landlords, Defendants James M. Ward and Duopoly, LLC, for (1) breach of contract, (2) breach of implied warranty of habitability, (3) breach of covenant of quiet enjoyment, (4) negligence, (5) breach of implied covenant of good faith and fair dealing, (6) private nuisance, (7) premises liability, (8) retaliatory acts, and (9) violation of LA TAHO.

On May 14, 2024, Defendants filed a Cross-Complaint against Plaintiffs for (1) breach of contract, (2) fraud, and (3) defamation.  

On July 11, 2024, the Court granted an anti-SLAPP motion filed by Plaintiffs with respect to the third cause of action for defamation in the Cross-Complaint.

Plaintiffs now seek $28,225 in attorneys’ fees, plus $3,150 for a reply as to the instant Motion.

“[A] prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney’s fees and costs.”  (Code Civ. Proc. § 425.16(c).) 

The Court has considered this matter closely and will award Plaintiffs reduced fees in the amount of $10,000.

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.