Judge: Lee W. Tsao, Case: VC066929, Date: 2023-04-04 Tentative Ruling

Case Number: VC066929    Hearing Date: April 4, 2023    Dept: C

H.P. AUTOMOTIVE AND TOW, INC. v. CITY OF HUNTINGTON PARK

CASE NO.:  VC066929

HEARING:  4/4/23 @ 10:30 AM

#6

TENTATIVE RULING

Defendant City of Huntington Park’s motion for an award of attorney’s fees pursuant to Civil Code § 1717 in the amount of $129,820.00 is CONTINUED to May 30, 2023 at 1:30 pm in Dept. C.

Moving Party to give NOTICE.

Defendant City of Huntington Park moves for an award of attorney’s fees in the amount of $129,820.00.

CCP § 1717(a) provides, “In 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.”

The parties’ agreement contained an attorney’s fee provision.  (Kang Decl., ¶ 4, Ex. C.)  Defendant prevailed at summary judgment, which was recently affirmed on appeal.  (3/23/23 Remittitur).

However, Exhibit C is not attached to Kang’s declaration.

Accordingly, the motion is CONTINUED to May 30, 2023 at 1:30 pm in Dept. C.  Kang is ordered to file Exhibit C prior to the next hearing.  No further briefing is allowed.