TENTATIVE RULING

Plaintiff Community Loan Servicing, LLC fka Bayview Loan Servicing, LLC’s Motion for Attorney’s Fees and Costs After Judgment Against Defendant Agness Isabel Van Volkenburgh is GRANTED in the reduced amount of $40,860.94, which represents $37,635.00 in attorney fees and $3,225.94 in costs.

Plaintiff Community Loan Servicing, LLC fka Bayview Loan Servicing, LLC to give notice. 

REASONING

Request for Judicial Notice

Plaintiff Community Loan Servicing, LLC fka Bayview Loan Servicing, LLC (“Plaintiff”) requests judicial notice of nine court documents. Plaintiff’s request is GRANTED pursuant to Evidence Code section 452, subdivision (d).

Analysis

Plaintiff moves the Court for an order awarding it attorney fees and costs in the amount of $37,310.00 in fees and $3,899.59 in costs, plus $1,300.00 for fees incurred in court appearance and any possible reply to the present motion, on the ground that it is entitled to its reasonable costs in enforcing a judgment if the underlying judgment includes an award of attorney fees. Code of Civil Procedure section 685.040 provides as follows: 

The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney's fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Attorney’s fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney’s fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5.

Here, the Court’s order dated September 5, 2023, amending the judgment to include attorney fees and costs, to change Plaintiff’s name, and to reflect Defendant Agnes Isabel Van Volkenburgh (“Defendnat”)’s aliases, noted that the judgment dated May 10, 2017 had contemplated an award for attorney fees in Plaintiff’s favor, and such an award was ordered in a minute order dated February 13, 2018. Thus, the Court already determined that Plaintiff was entitled to attorney fees in the underlying judgment, and such an award was made, such that the Court concludes that Plaintiff is entitled to its reasonable fees and costs incurred in enforcing the judgment against Defendant.

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 requests attorney fees of $37,310.00 and $3,899.59 in costs, plus $1,300.00 for fees incurred in court appearance and any possible reply to the present motion, which represents work performed from July 6, 2023, when Plaintiff initiated the process to amend the prior judgment, to July 25, 2024.

The work was performed at an hourly rate of $325.00, which is a reasonable rate for attorney work in a case of this nature, and the work consisted of 114.80 hours of work. The Court has reviewed counsel’s billing sheets and finds that the work performed was reasonable and necessary. As to costs, parking costs are not recoverable (Ladas v. California State Automobile Asosication (1993) 19 Cal.App.4th 761, 775 [“[t]he only travel expenses authorized by section 1033.5 are those to attend depositions”], and postage and photocopying charges are not recoverable (Code Civ. Proc., § 1033.5, subd. (b)(3)). Thus, the costs are reduced by $148.65 for parking (other), court parking fees, photocopies, and postage, as well as $525 for courtesy copies prepared by One Legal. The Court will also award one hour of attorney time for an appearance at the hearing on the motion. Thus, Plaintiff Community Loan Servicing, LLC fka Bayview Loan Servicing, LLC’s Motion for Attorney’s Fees and Costs After Judgment Against Defendant Agness Isabel Van Volkenburgh is GRANTED in the reduced amount of $40,860.94, which represents $37,635.00 in attorney fees and $3,225.94 in costs.