Judge: Malcolm Mackey, Case: 21STCV28887, Date: 2023-08-24 Tentative Ruling
Case Number: 21STCV28887 Hearing Date: August 24, 2023 Dept: 55
HILL
v. VAULT LOUNGE, LLC 21STCV28887
Hearing Date: 8/24/23,
Dept. 55
#6: MOTION FOR ATTORNEYS’ FEES AND COSTS.
Notice: Okay
No
Opposition
MP:
Plaintiff
RP:
Summary
On 8/5/21, Plaintiff filed a Complaint for Violation
Of The Unruh Civil Rights Act, alleging that defendants failed to comply with
California disability access standards applying at the time of each new
construction and/or alteration, or failed to maintain accessible features in operable
working condition, and, when Plaintiff visited the property, he experienced
multiple access barriers, including those related to parking, paths of travel,
signage, and entryway.
Defense counsel withdrew, by order filed 1/23/23.
On 4/20/23, an unopposed summary Judgment was entered
in favor of Plaintiff JONELLE HILL, and against Defendant VAULT LOUNGE, LLC, in
the amount of $16,000 in statutory damages.
MP
Positions
Plaintiff moves for an award of reasonable attorneys’
fees in the amount of $17,902.00, and litigation costs/expenses in the amount
of $805.07, for a total award of $18,707.07, on grounds including the following:
·
The motion is made pursuant to California
Civil Code § 52(a), California Code of Civil Procedure §1033.5(10)(B), and
California Rules of Court 3.1702.
·
Plaintiff has a judgment in her favor
against Defendant Vault Lounge, LLC, showing that Defendant made discrimination
contrary to California Civil Code §51.
Tentative
Ruling
The unopposed motion is granted, as prayed.
The Court awards to Plaintiff JONELLE HILL attorneys'
fees, costs and expenses in the total sum of $18,707.07 against Defendant VAULT
LOUNGE, LLC.
The failure to file a proper and timely opposition in
trial court creates a waiver of the issues on any appeal. Bell v. Am. Title Ins. Co. (1991) 226
Cal. App. 3d 1589, 1602; Cabrini
Villas Homeowners Assn. v. Haghverdian (2003) 111 Cal. App. 4th 683, 693. A judge in a civil case is not
"'obligated to seek out theories [a party] might have advanced, or to
articulate … that which … [a party] has left unspoken.'" Mesecher v.