Judge: Linda S. Marks, Case: 2020-01148635, Date: 2023-07-17 Tentative Ruling

Motion for Attorney Fees filed by Carolina Brown on 12/15/22

Judgment was entered in favor of Carolina Brown on October 21, 2022. (ROA 105.) Motion was timely filed on December 15, 2022 before the December 20, 2022 deadline under California Rules of Court, rule 3.1702.

The contract at issue in this lawsuit provides for attorney’s fees. The contract states:

“In the event that this matter is assigned for collection, patient understands that any breach of this agreement, the breaching party will be responsible for all reasonable attorney fees, collection costs, including court costs and interest at the legal rate from the date of said breach.” (Complaint, Exhibit A.)

Then, the contract states:

“If this account is assigned for collections and/or lawsuit, the patient is responsible for all collection costs/interest and attorney fees and court costs, and will be added to the amount due.” (Complaint, Exhibit A.)

Thus, under Hsu v. Abbara (1995) 9 Cal.4th 863, 870, Defendant is entitled to such attorney’s fees. In the opposition, Plaintiffs do not dispute that Defendant Carolina Brown is entitled to attorney’s fees. Rather, Plaintiffs contend that the fees should be reduced by “at least $28,235.”

Plaintiffs’ argument that the hourly rate for Carolina Brown is too high is well taken. Accordingly, the court will apply the $125 hourly rate proposed by Plaintiffs.

Otherwise, the court finds attorney’s fees of $550/hr. reasonable under the circumstances given the experience of Defendant’s attorney and the complexity involved in defending against this action.

Tentative Ruling: Defendant Carolina Brown’s Motion for Attorney’s Fees is GRANTED in the amount of $47,600 pursuant to Code of Civil Procedure section 1021 and Civil Code section 1717.

Moving party to give notice