Judge: Mark C. Kim, Case: 19CMCV00086, Date: 2023-05-18 Tentative Ruling

Case Number: 19CMCV00086    Hearing Date: May 18, 2023    Dept: S27

1.     Background Facts

Plaintiff, Koretoff Industrial Complex filed this action against Defendant, Michael Navi for rent and waste damages.  Plaintiff rented the subject property to Defendant for use under his business name, Millbrook Kitchens.  Plaintiff subsequently filed an amended complaint naming Millbrook Kitchens as an additional defendant. 

2.     Motion for Attorneys’ Fees

a.     Trial and Judgment

This case proceeded to a bench trial on 11/02/22 and 11/03/22.  The Court found in favor of Plaintiff and against Navi, and awarded Plaintiff damages in the amount of $284,915.84.  The Court issued a statement of decision on 12/05/22, and judgment on 1/03/23.  The judgment is in favor of Plaintiff and against Navi. 

b.     Analysis

Plaintiff seeks an order requiring Navi to pay its attorneys’ fees.  The lease agreement that formed the basis of this action contains an attorneys’ fees provision, and therefore fees are recoverable per Civil Code §§1033.5(a)(1) and 1717.  Plaintiff provides evidence that it expended $62,690 in attorneys’ fees in connection with this action.  Plaintiff supports the attorneys’ fees request with the Declaration of Counsel, Jason D. Annigian, as well as contemporaneous billing records from the action.  The Court has reviewed the declaration and finds the amounts are reasonable in light of the complexity of issues presented and time required to prosecute the action.

Navi was timely and properly served with the moving papers, and failed to file timely opposition to the motion.  Because Plaintiff met its moving burden to show it is entitled to an award of all fees incurred, because all fees sought are objectively reasonable in both rate and duration, and because Navi did not oppose the motion, the motion is granted in full. 

The Clerk will interlineate the judgment to add the attorneys’ fees award. 

Plaintiff is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If any party does not submit on the tentative, the party should make arrangements to appear remotely at the hearing on this matter.