TENTATIVE RULING

Plaintiff Douglas Emmett 2014, LLC’s Motion to Fix Amount of Recoverable Fees and Costs is GRANTED in the amount of $36,336.54.

Plaintiff Douglas Emmett 2014, LLC to give notice. 

REASONING

Plaintiff Douglas Emmett 2014, LLC (“Plaintiff”) moves the Court for an order awarding it attorney fees in the amount of $26,496.50, costs in the amount of $9,704.08, and $135.96 in contractual costs and expenses against Defendant Boulon TP, LLC (“Defendant”) on the ground that Plaintiff prevailed in this action after the Court entered judgment in Plaintiff’s favor on January 3, 2025. Defendant has not filed an opposition to the present motion.

It is axiomatic that a party is permitted to recover reasonable attorney fees, when authorized by contract, statute, or law, pursuant to Code of Civil Procedure section 1033.5, subdivision (a)(10)(A)-(C). Section 20.16 of the Lease dated October 10, 2021 provides as follows:

If litigation is instituted between Landlord and Tenant, the cause for which arises out of or in relation to this Lease, the prevailing party in such litigation shall be entitled to receive its costs (not limited to court costs), expenses and reasonable attorneys’ fees from the non-prevailing party as the same may be awarded by the court..

(Mot., Ex. B, at § 20.16.) The Third Amendment to the lease states in paragraphs 1, 2, and 17:

1. Confirmation of Defined Terms. Unless modified herein, all terms previously defined and capitalized in the Original Lease, as amended, shall hold the same meaning for the purposes of this Third Amendment. The Original Lease, as modified by the First Amendment, the Second Amendment, and this Third Amendment, shall hereinafter be referred to as the “Lease.”

2. Assignment and Assumption of Lease. Effective as of the date hereof, Assignor hereby assigns, sets over and transfers unto Assignee all of Assignor’s rights, title and interest in, to and under the above described Lease. Effective as of the date hereof, Assignee hereby accepts from Assignor the assignment of all such rights, title and interest.

Effective as of the date hereof, Assignee assumes and covenants to observe and perform all of the terms, covenants, conditions, past obligations (only in the form of the Net Delinquent Rent Amount (as set forth in Section 5 below)) and future obligations and agreements of the “Tenant” under the Lease that arise and are to be performed from and after the date hereof. . . .

17. Reaffirmation. Landlord and Tenant acknowledge and agree that the Lease, as amended herein, constitutes the entire agreement by and between Landlord and Tenant relating to the Premises, and supersedes any and all other agreements written or oral between the parties hereto. Furthermore, except as modified herein, all other covenants and provisions of the Lease shall remain unmodified and in full force and effect. In the event of a conflict between the provisions of this Third Amendment and the Original Lease, First Amendment, and/or the Second Amendment, the provisions of this Third Amendment shall govern.

It is undisputed that Plaintiff is, therefore, entitled to recover fees and costs against Defendant and that Plaintiff prevailed on its claims against Defendant such that attorney fees are warranted here.

The fee setting inquiry in California ordinarily “begins with the ‘lodestar’ [method], i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate.” (Graciano v. Robinson Ford Sales, Inc. (2006) 144 Cal.App.4th 140, 154.) “[A] computation of time spent on a case and the reasonable value of that time is fundamental to a determination of an appropriate attorneys’ fee award.” (Margolin v. Reg’l Planning Comm’n (1982) 134 Cal.App.3d 999, 1004.)

Plaintiff has provided detailed billings sheets with the motion describing the work performed in the amount of 100.2 hours at the rate of $270 per hour for attorney work and $95 per hour for law clerk work. (Mot., Ex. A.) Both the rate per hour and the number of hours spent working on this action is reasonable. Counsel also describes that 4.3 hours were spent drafting the present motion, which is also reasonable.

As to costs, Plaintiff represents that it incurred $9,704.08 in recoverable costs under Code of Civil Procedure section 1033.5 and $135.96 in contractual costs and expenses for legal research fees, which is not recoverable under statute but is permitted under the agreement. The Court finds that the fees and costs sought are recoverable and proper. Accordingly, Plaintiff Douglas Emmett 2014, LLC’s Motion to Fix Amount of Recoverable Fees and Costs is GRANTED in the amount of $36,336.54, consisting of attorney fees in the amount of $26,496.50, costs in the amount of $9,704.08, and $135.96 in contractual costs and expenses.