Judge: Malcolm Mackey, Case: BC384093, Date: 2022-08-11 Tentative Ruling

Case Number: BC384093    Hearing Date: August 11, 2022    Dept: 55

AMERICAN CONTRACTORS INDEMNITY CO. v. HERNANDEZ              BC384093

Hearing Date:  8/11/22,  Dept. 55

#5:  MOTION TO CLAIM ATTORNEYS’ FEES AND COSTS ON APPEAL.

Notice:  Okay

No Opposition

MP:  Plaintiff/Judgment Creditor.

RP:

Summary

On 5/8/09, default judgment was filed against Defendant.

MP Positions

Moving party requests the Court to award attorneys’ fees on appeal, on bases including the following:

·         The motion is made pursuant to California Rules of Court, Rule 3.1702(c)(1).

·         The written contract between the parties included a provision that permitted ACIC to recover its attorney fees and costs against Defendant.

·         Plaintiff filed a complaint alleging breach of the Indemnity Agreement by Defendant.

·         Plaintiff prevailed on default judgment against Defendant.

·         Plaintiff again prevailed, as to Defendant’s appeal, which had contested this Court’s renewal of the judgment.

·         Plaintiff’s attorneys’ fees and costs, incurred on appeal, are reasonable.

Tentative Ruling

The unopposed motion is granted, as prayed.

The Court awards to Plaintiff AMERICAN CONTRACTORS INDEMNITY COMPANY attorneys' fees in the sum of $5,848.00, plus costs in the amount of $581.27, against Defendant RUBEN HERNANDEZ.

"[T]rial courts retain discretion to award attorney fees incurred on appeal to the eventual prevailing party without any order from the appellate court, even where the appellate court, in its remand order, orders the parties to bear their own appellate costs."  Butler-Rupp v. Lourdeaux (2007) 154 Cal.App.4th 918, 924.  “‘Statutory authorization for recovering attorney fees in the trial court necessarily includes attorney fees incurred on appeal unless the statute specifically provides otherwise’”.  Maranatha Corrections, LLC v. Dept. of Corrections and Rehab.  (2008) 158 Cal.App.4th 1075, 1091.