Judge: Lisa R. Jaskol, Case: 19STCV25169, Date: 2023-08-29 Tentative Ruling

Case Number: 19STCV25169    Hearing Date: January 23, 2024    Dept: 28

Having reviewed the moving papers, the Court rules as follows. 

BACKGROUND 

On July 17, 2019, Plaintiffs Michaela Reed (“Reed”) and Latrice Franklin (“Franklin”) filed this action against Defendants Angel Barrera (“Barrera”), Shapour Raziour (“Raziour”), and Does 1- 50 for negligence. 

On July 15, 2021, Barrera and Raziour (“Defendants”) filed an answer. 

The final status conference took place on June 23, 2023. The parties did not submit the required joint trial binder before the final status conference. (See Eighth Amended Standing Order for Procedures in the Personal Injury Hub Courts Effective October 10, 2022 (Eighth Amended Standing Order) ¶¶ 12.B, 12.C.) The Court continued the final status conference to July 7, 2023 – the trial date – and ordered the parties to submit jointly prepared trial binders by July 7, 2023. 

On July 7, 2023, the parties did not provide joint trial binders. Plaintiffs’ counsel informed the Court that he intended to file an ex parte application to continue the trial. The Court continued the trial and final status conference to July 26, 2023. 

On July 26, 2023, the Court continued the trial and final status conference to August 29, 2023, and advised counsel that no further trial continuances would be granted. The Court also advised counsel that if Plaintiffs were not ready for trial on August 29, 2023, the Court would dismiss the case without prejudice. 

On August 29, 2023, the Court denied Plaintiffs’ oral request for a continuance dismissed the action without prejudice. The Court signed an order of dismissal. 

On November 29, 2023, the Court granted Plaintiff’s motion under Code of Civil Procedure section 473, subdivision (b), for relief from the order of dismissal and vacated the order of dismissal. The Court set an Order to Show Cause Re: awarding of reasonable compensatory legal fees and costs to Defendants under Code of Civil Procedure section 473, subdivision (b), for January 23, 2024. 

On January 8, 2024, Defendants filed a memorandum addressing reasonable compensatory legal fees and costs under Code of Civil Procedure section 473, subdivision (b).  Plaintiffs have not filed a response. 

         Trial is currently scheduled for May 1, 2024. 

PARTIES’ REQUEST 

         Defendants ask the Court to order Plaintiffs to pay Defendants $8,330.00 as reasonable compensatory legal fees and costs incurred in opposing Plaintiffs’ motion for relief under Code of Civil Procedure section 473, subdivision (b). 

LEGAL STANDARD 

Code of Civil Procedure section 473, subdivision (b), provides in part: 

“The court shall, whenever relief is granted based on an attorney’s affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties.” 

(Code Civ. Proc., § 473, subd. (b).) 

          “In granting relief based on an ‘attorney affidavit of fault,’ the court must ‘direct the attorney to pay reasonable compensatory legal fees and costs’ to the opposing counsel or parties.”  (L. Edmon & C. Karnow, Cal. Practice Guide: Civil Procedure Before Trial (Rutter 2023) ¶ 5:306, p. 5-94, original emphasis, citing Code Civ. Proc., § 473, subd. (b).) 

DISCUSSION 

         Defendants have submitted a memorandum asking the Court to award them $8,330.00 for reasonable compensatory legal fees and costs.  The amount is based on 34 hours of attorney time billed at a rate of $245 per hour. 

         Counsel spent 1.9 hours analyzing Plaintiffs’ motion for reconsideration, 3.9 hours preparing counsel’s declaration supporting Defendants’ opposition to the motion, 9.7 hours preparing Defendants’ opposition to the motion, .8 hours preparing for the October 9, 2023 hearing on the motion, 1.7 hours traveling to and attending the hearing, 7.5 hours analyzing Plaintiffs’ brief in response to the Court’s tentative ruling and preparing Defendants’ response, 5.1 hours to complete Defendants’ responsive papers, 3.4 hours to analyze the tentative ruling and the parties’ briefs, prepare for argument, and attend the November 29, 2023 hearing. 

          The Court finds that Defendants are entitled to receive compensation for 21 hours of attorney time.  The Court awards Defendants $5,145.00 (21 hours times $245 per hour). 

CONCLUSION 

          The Court GRANTS the request of Defendants Angel Barrera and Shapour Raziour for compensatory legal fees and costs and orders Plaintiffs Michaela Reed and Latrice Franklin and their counsel to pay Defendants $5,145.00 by February 22, 2024. 

          Moving parties are ordered to give notice. 

          Moving parties are ordered to file proof of service of this ruling within five days.