Judge: Lee S. Arian, Case: 20STCV38239, Date: 2023-11-16 Tentative Ruling

Case Number: 20STCV38239    Hearing Date: December 1, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

INTRODUCTION 

This is a continuing hearing regarding attorney’s fees.  Both parties filed additional briefing the gist of which is that Defendant Letter Four Inc believes it should be paid attorney’s fees for depositions taken prior to the hearing on the summary judgment motion because those depositions were used in the Reply to the Motion for Summary Judgment; whereas Plaintiff believes that the depositions were not solely used for the summary judgment motion and thus the fees incurred as a result of those depositions should not be reimbursable.  Defendant further points to the September 22, 2022 order of the court and contends that the fees for the depositions should be reimbursed because the should be counted because they occurred “after Plaintiff’s counsel had the opportunity to examine Baker and Adams (February 15 and February 16) under oath, (and) Plaintiff’s belief that there was any connection between Anderson and the Letter Four Defendants became untenable (September 22, 2022 order pg. 5).”  The Court finds Defendant’s argument the more persuasive – the fees were to be recovered for work “in connection” with the summary judgment motion (September 22, 2022 order) -- and orders fees paid to include the deposition fees. 

Accordingly, Defendant’s Motion for Attorney’s fees is GRANTED in the amount of $13,691.10.  Plaintiff is to pay those fees within 60 days from the date of this ruling,

Moving party to give notice. 

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. 

Dated: December 1, 2023