Judge: Lynne M. Hobbs, Case: 19STLC01891, Date: 2024-06-11 Tentative Ruling

Case Number: 19STLC01891    Hearing Date: June 11, 2024    Dept: 61

FML MANAGEMENT CORP. vs MIGUEL TUY, et al.

TENTATIVE   

Plaintiff FML Management Corp.’s Motion for Attorney Fees is GRANTED in the amount of $6,000.00 in attorney fees and $3,870.93 in prejudgment interest.

Defendant to give notice.

DISCUSSION  

“Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.” (Code Civ. Proc., § 1021.)

“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.” (Civ. Code, § 1717, subd. (a).) “[T]he party prevailing on the contract shall be the party who recovered a greater relief in the action on the contract.” (Civ. Code, § 1717, subd. (b)(1).)

In determining the proper amount of fees to award, courts use the lodestar method. The lodestar figure is calculated by multiplying the total number of reasonable hours expended by the reasonable hourly rate. “Fundamental to its determination . . . [is] a careful compilation of the time spent and reasonable hourly compensation of each attorney . . . in the presentation of the case.” (Serrano v. Priest (1977) 20 Cal.3d 25, 48 (Serrano III).) A reasonable hourly rate must reflect the skill and experience of the attorney. (Id. at p. 49.) “Prevailing parties are compensated for hours reasonably spent on fee-related issues. A fee request that appears unreasonably inflated is a special circumstance permitting the trial court to reduce the award or deny one altogether.” (Serrano v. Unruh (1982) 32 Cal.3d 621, 635 (Serrano IV).) The Court in Serrano IV also stated that fees associated with preparing the motion to recover attorneys’ fees are recoverable. (See id. at p. 624.)

Plaintiff FML Management Corp. (Plaintiff) seeks $6,000.00 in attorney fees, representing a flat fee of $6,000.00 per case agreed to between Plaintiff and its counsel in this and related matters. (Feffer Decl. ¶ 10.) At the $400 hourly rate customarily agreed to between Plaintiff and its counsel, this would amount to a lodestar of 15 hours of attorney work for this case. (Feffer Decl. ¶ 9.) This does not include the fees paid to prior counsel, which approaches but does not exceed $6,000.00, and which has been billed and paid. (Feffer Decl. ¶¶ 11–12.) These fees are sought pursuant to the attorney fees provision in the lease agreement with Defendants Miguel and Luis Tuy (Defendants). (Motion Exh. 1, ¶ 18.)

Plaintiff also seeks prejudgment interest in the amount of $3,870.93. This amount is based on a 10% per annum interest rate, evidently based on Civil Code § 3289, subd. (b) (prescribing a 10 percent per annum rate after a breach of contract. Identifying the date of breach as April 1, 2018, the date Defendant first failed to pay rent, Plaintiff calculates five years of 10% interest on $6,584.33 in unpaid rent from April 1, 2018 to April 1, 2023, amounting to $3,292.17, plus an additional $578.76 in interest from April 1, 2023, to February 15, 2024, the date of judgment. (Feffer decl. ¶ 15.)

The motion is GRANTED, and Plaintiff is awarded $6,000.00 in attorney fees and $3,870.93 in prejudgment interest.