Judge: Lee W. Tsao, Case: 22NWCV00055, Date: 2023-06-20 Tentative Ruling

Case Number: 22NWCV00055    Hearing Date: June 20, 2023    Dept: C

BENTON BAY HOMEOWNERS ASSOCIATION v. GRETCHEN AMOS, et al.

CASE NO.:  22NWCV00055

HEARING: 6/20/23

#1

TENTATIVE ORDER

Plaintiff Benton Bay Homeowner’s Association’s motion for attorney’s fees is GRANTED. Attorney’s fees in the amount of $29,304.50 are awarded to Plaintiff.

Moving Party to give NOTICE.

Plaintiff moves for attorney’s fees in the sum of $29,304.50 pursuant to Civil Code § 1717 and 5975(c).

Civil Code § 1717(a) provides for recovery of attorney’s fees and costs for the prevailing party in any action on a contract, where the contract specifically provides for attorney’s fees and costs.

Similarly, Civil Code § 5975(c) provides that in an action to enforce governing documents, the prevailing party shall be awarded reasonable attorney’s fees and costs.

On January 24, 2022, Plaintiff Benton Bay Homeowners Association filed this action against Gretchen A. Mos and Tyler Mos for (1) breach of governing documents – injunctive relief, eviction, receivership, and damages, (2) breach of governing documents – declaratory relief, and (3) abatement of nuisance and nuisance per se.

After the parties entered into a Stipulation for Judgment, the Court entered judgment on April 4, 2023, in favor of the Association and against Defendant for the first cause of action and the second cause of action.  The Stipulation and Judgment also provided that “Plaintiff shall be entitled to pursue a post-Judgment motion for attorney fees and costs incurred in pursuing this lawsuit against Defendant.”  

Thus, the Court finds that Plaintiff is the prevailing party and is entitled to attorney’s fees under Civil Code § 1717 and § 5975.

The most common method for calculating reasonable attorneys’ fees begins with the “lodestar” approach which is calculated as “the number of hours reasonably expended multiplied by the reasonable hourly rate.” (Margolin v. Regional Planning Com. (1982) 134 Cal.App.3d 999, 1004-1005.) The reasonable hourly rate is that prevailing in the community for similar work. (Id. at 1004.)  The lodestar figure may then be adjusted, based on consideration of factors specific to the case, in order to fix the fee at the fair market value for the legal services provided. (Serrano v. Priest (1977) 20 Cal. 3d 25, 49; PLCM Group, Inc. v. Drexler (2000) 22 Cal. App. 4th 1084, 1095.) 

The starting point for a determination of a fee award reasonably designed to compensate attorneys for their services is the attorney’s time records. (Horsford v. Board of Trustees of California State University (2005) 132 Cal.App.4th 359, 395-397.) When a fee request is supported by appropriate documentation and declarations, a successful attack on the request requires similar proof. (Premier Medical Management Systems, Inc. v. California Insurance Guarantee Ass’n (2008) 163 Cal.App.4th 550, 562.)

Plaintiff seeks $29,304.50 in attorney fees, plus $1,925.00 in anticipated fees for this motion. Counsel Moreno states that for common interest development litigation, Mr. Moreno charges $385 per hour. (Moreno Decl. ¶ 15.) Mr. Moreno declares that this hourly rate is reasonable and less than the rate of attorneys of his skill or experience. (Moreno Decl. ¶ 15, see ¶7 [relevant experience and qualifications].) The Court finds this rate to be reasonable.

Mr. Moreno puts forth a redacted summary of the attorney fees incurred by Plaintiff, as well as the time and billing records which support the claimed amount of $29,304.50. (Moreno Decl. ¶ 8,Ex. 3.) Verified time statements of attorneys are entitled to credence in the absence of a clear indication that the records are erroneous. (Horsford v. Bd. of Trustees (2005) 132 Cal.App.4th 359, 396.) Reviewing the records, the Court finds that the amount of time billed is reasonable.

As no opposition was filed, the Court does not award the anticipated fees of $1,925. (See Moreno Decl. ¶ 13.)

Motion is GRANTED. Attorney’s fees in the amount of $29,304.50 are awarded to Plaintiff.