Judge: Latrice A. G. Byrdsong, Case: 22STCP00874, Date: 2024-02-07 Tentative Ruling
Case Number: 22STCP00874 Hearing Date: March 13, 2024 Dept: 25
Hearing Date: Wednesday, March 13, 2024
Case Name: SARAH
ANN RANCH HOMEOWNERS ASSOCIATION v. OMAR E. DAWOODJEE.
Case No.: 22STCP00874
Motion: Motion for Attorneys’ Fees and Costs
Moving Party: Judgment
Creditor Sarah Ann Ranch Homeowners Association
Responding Party: None
Notice: OK
Tentative Ruling: Judgment Creditor Sarah Ann
Ranch Homeowners Association’s
Motion for Attorneys’ Fees and Costs is GRANTED.
Judgment Creditor is awarded attorneys’ fees in the amount of
$2,025.00 and costs in the amount of $502.60, for a total of $2,527.60.
“Order Granting Attorney’s Fees and Costs” is signed and
filed this date.
SERVICE:
[X]
Proof of Service Timely Filed (CRC, rule 3.1300) OK
[X]
Correct Address (CCP §§ 1013, 1013a) OK
[X]
16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK
OPPOSITION: None filed as of February 29, 2024 [ ] Late [X] None
REPLY: None filed as of March 06, 2024 [ ] Late [X] None
BACKGROUND
On March 08, 2022, Judgment Creditor Sarah Ann Ranch Homeowners
Association (“Judgment Creditor”/ “Plaintiff”) filed an Application for Entry
of Judgment on Sister-State Judgement, to enter an Arizona judgment against Judgment
Debtor Omar E. Dawoodjee (“Judgment Debtor” / “Defendant.”).
On March 10, 2022, Judgment was entered for the sister-state judgment.
On October 30, 2023, the Court reassigned the instant case to
Department 25 at the Spring Street Courthouse.
On January 30, 2024, Plaintiff filed the instant Motion for Attorneys’
Fees and Costs and Request for Judicial Notice in support of the motion. The
Court on its own motion continued the hearing on the instant motion noting several
deficiencies, including lack of service on the Defendant and missing exhibits.
The Court ordered Plaintiff to file supplemental briefing addressing the deficiencies
noted.
On February 13, 2024, Plaintiff filed supplemental briefings in
support of the instant motion.
No opposition has been filed.
MOVING PARTY
POSITION
Plaintiff prays for the Court to enter an
award of $2,527.60 in attorneys’ fees and costs incurred post judgment.
Plaintiff argues that pursuant to the underlying sister-state judgment, the
CC&Rs (i.e., agreement between the parties), the Full Faith and Credit
clause of the U.S. Constitution and Civ. Code § 685.040, Plaintiff is entitled
to recover its attorney’s fees and costs incurred in this action.
OPPOSITION
No
opposition has been filed.
REPLY
No reply
has been filed.
ANALYSIS
I. Request
for Judicial Notice
1. Plaintiff’s request for the Court to
take judicial notice of “Exhibit 1,” relevant portions of the Declaration
of Covenants, Conditions, Restrictions and Easements for Sarah Ann Ranch
recorded in the Maricopa County, Arizona Recorder's Office on February 21,
2006, as Instrument No. 20060235062 is GRANTED under Evidence Code 452(c)
& (h) because it is an official record with Maricopa County and is a public
record that is not reasonably subject to dispute and is capable of immediate
and accurate determination by resort to sources of reasonable accuracy.
2. Plaintiff’s request for the Court to
take judicial notice of “Exhibit 2,” Judgment entered in the
Hassayampa Justice Court, County of Maricopa, State of Arizona, entitled, Sarah
Ann Ranch Homeowners Association v. Omar E. Dawoodjee with case number
CC2014-025623RC is GRANTED under Evidence Code 452(d) because it is a
record of another state court in the United States.
3. Plaintiff’s request for the Court to
take judicial notice of “Exhibit 3,” Notice of Entry of
Judgment on Sister-State Judgment entered in the above-entitled action, in the
Los Angeles County Superior Court with case number 22STCP00974 is GRANTED
under Evidence Code 452(d) as it is a record of a California Court.
II. Legal
Standard
A prevailing
party is entitled to recover costs, including attorney’s fees, as a matter of
right. (See Code Civ. Proc. §§ 1032(a)(4), 1032(b), 1033.5.)
Attorney’s fees are allowable as costs when
authorized by contract, statute, or law. (Code Civ. Proc. §
1033.5(a)(10).)
“The judgment creditor is entitled to the reasonable and
necessary costs of enforcing a judgment. Attorney’s fees incurred in
enforcing a judgment are not included in costs collectible under this title
unless otherwise provided by law. Attorney’s fees incurred in enforcing a
judgment are included as costs collectible under this title if the underlying
judgment includes an award of attorney’s fees to the judgment creditor pursuant
to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5.”
(Code Civ. Proc., § 685.040.)
“The judgment creditor may claim costs authorized by
Section 685.040 by noticed motion. The motion shall be made before the
judgment is satisfied in full, but not later than two years after the costs
have been incurred. The costs claimed under this section may include, but
are not limited to, costs that may be claimed under Section 685.070 and costs
incurred but not approved by the court or referee in a proceeding under Chapter
6 (commencing with Section 708.010) of Division 2.” (Code Civ. Proc., §
685.080(a).)
“The notice of motion shall describe the costs claimed,
shall state their amount, and shall be supported by an affidavit of a person
who has knowledge of the facts stating that to the person’s best knowledge and
belief the costs are correct, are reasonable and necessary, and have not been
satisfied. The notice of motion shall be served on the judgment
debtor. Service shall be made personally or by mail.” (Code Civ.
Proc., § 685.080(b).)
III. Discussion
A.
Proof of Service
On February 7,
2024, the Court continued the hearing on Plaintiff’s Motion noting that
Plaintiff did not file a proper proof of service showing that the moving papers
were served on the Defendant. Plaintiff has since complied with the
Court’s order and filed a proper Proof of Service on February 13, 2024. Here, Plaintiff/Creditor
has filed Proof of Service indicating that Defendant/Debtor was served with the
moving papers by first class mail on February 12, 2024. (02-13-24 Proof
of Service.) Thus, the Court finds that Defendant/Debtor was properly served.
B.
Attorney’s Fees
In its prior order, the Court noted several deficiencies
with Plaintiff’s Motion. Specifically, that the Motion was incomplete as the
notice, memorandum, and declaration were not signed under penalty of perjury
and did not include all identified exhibits.
Here, Plaintiff provides evidence that it is entitled to
attorney’s fees pursuant to Code of Civil Procedure §¿685.070(a)(6) because the
sister-state judgment awarded all reasonable cost and attorney’s fees incurred
by Plaintiff after the entry of judgment in collecting the debt owed. (02-13-24
Request for Judicial Notice, Exh. 2.)
Plaintiff supports its request for $2,527.60 in
post-judgment attorney’s fees and costs by submitting a declaration of its
counsel. (See B. Austin Baillio Decl.) The Court finds that
these documents satisfy the requirements of Code of Civil Procedure §
685.080(b).
Plaintiff states that its Motion is timely because the
Judgment has not been satisfied. (Baillio Decl. ¶ 4.) Furthermore,
Plaintiff is requesting fees and costs incurred between December 22, 2021, and February
07, 2024. (Id. at ¶¶ 10-11; Mot. p. 5-6.)
Plaintiff argues that the attorney’s fees and costs
requested are “reasonable and necessary” since the attorneys in this case
provided extensive legal services to pursue collection of the Judgment.
(Mot. p. 5.) Plaintiff’s attorneys avers that he had to “(i) domesticate
the Arizona Judgment to California; (ii) serve notice of entry of judgment, (iii)
obtain and record an abstract of judgment, (iv) draft this Motion.” (Baillio
Decl. ¶ 5.)
Counsel avers that he has substantial experience in
collection cases arising out of obligations set in CC&Rs in favor of homeowners’
associations. (Id. ¶6.) In his declaration, Mr. Baillio states that his
hourly rate was “$300.00 per hour and then, after January 1, 2022, $325.00 and then,
after January 1, 2023, $375.00 an hour.” (Id.) These rates
are commensurate with those of other attorneys with similar levels of
experience and specialization in Maricopa County. (Id. ¶ 8.)
Between December 22, 2021, and September 06, 2023, Counsel spent
4.1 hours in collection efforts and billed a total of $1,312.50. (Id.
at ¶ 7.) For the instant Motion, Counsel avers that he spent 1.5 hours, at a
rate of $375.00 per hour, drafting the instant Motion and accompanying papers
and anticipates spending another 0.4 hours to attend the hearing on the
Motion. (Id. at ¶ 9.) In total, Plaintiff’s requests $2,025.00
in attorney’s fees, expended between December 22, 2021, and September 06, 2023.
(Id. at ¶ 10.) Counselor has attached an itemized billing statement
demonstrating the legal work performed for Plaintiff in pursuit of collecting
the Judgment. (Id. at ¶ 11, Ex. A.)
The Court reviews counsel’s billing statement for tasks
billed between December 22, 2021, and September 06, 2023, in pursuit of
enforcing the Judgment. (Id.; Ex. A.) The Court considers
factors such as counsel’s expertise, number of hours expended on each task, and
whether each task was expended in pursuit of the Judgment. The Court finds that
Plaintiff’s request for $2,025.00 is reasonable and awards the $2,025.00 in
attorney’s fees requested.
C. Costs
Code of Civil Procedure § 685.070(b) states: “Before the
judgment is fully satisfied but not later than two years after the costs have
been incurred, the judgment creditor claiming costs under this section shall
file a memorandum of costs with the court clerk and serve a copy on the
judgment debtor. Service shall be made personally or by mail. The memorandum of
costs shall be executed under oath by a person who has knowledge of the facts
and shall state that to the person's best knowledge and belief the costs are
correct, are reasonable and necessary, and have not been satisfied.”
Code of Civil Procedure 685.080(b) requires that: “The
notice of motion shall describe the costs claimed, shall state their amount,
and shall be supported by an affidavit of a person who has knowledge of the
facts stating that to the person's best knowledge and belief the costs are
correct, are reasonable and necessary, and have not been satisfied. The notice
of motion shall be served on the judgment debtor. Service shall be made
personally or by mail.” Here, Plaintiff requests costs in the amount of $502.60. (Motion p. 5, Baillio Decl. ¶ 15; Ex. A.)
The Court finds the costs requested reasonable and
necessary and awards costs in the amount of $502.60.
IV. Conclusion
Judgment Creditor Sarah
Ann Ranch Homeowners Association’s Motion for Attorneys’ Fees and Costs is GRANTED.
Judgment Creditor is awarded attorneys’
fees in the amount of $2,025.00 and costs in the amount of $502.60, for a total of
$2,527.60.
“Order Granting Motion for
Attorney’s Fees and Costs” is signed and filed this date.
Moving party is ordered to give
notice.