Judge: Mark C. Kim, Case: 21LBCV00146, Date: 2022-12-08 Tentative Ruling
Case Number: 21LBCV00146 Hearing Date: December 8, 2022 Dept: S27
1. Background
Facts
Plaintiff, GJ Property Services,
Inc. filed this action against Defendant, Barron Ebenstein for unlawful
detainer. Plaintiff alleges it is
entitled to possession of the property located at 212 Euclid Ave, Unit 204, because
Defendant has not paid his $1650 monthly rent and owes past due rent in the amount
of $19,800.
The case proceeded to trial by
jury, and on 4/06/22 the jury returned a special verdict in favor of Plaintiff. On 4/22/22, the Court entered judgment in
favor of Plaintiff for $3300 in past due rent, $9900 in holdover damages, plus
costs to be fixed by memorandum and attorneys’ fees to be fixed by noticed
motion. On 4/25/22, Plaintiff gave
notice of entry of judgment.
2. Motion
for Attorneys’ Fees
The parties’ contract has an
attorneys’ fees provision, such that Plaintiff, as the prevailing party, is
entitled to attorneys’ fees under Civil Code §1717 and CCP §1033.5(a)(10)(A). Plaintiff provides evidence, by way of attorney
declarations and billing records, that it incurred $47,835.50 in attorneys’ fees
in connection with this action. The Court
notes that there was extensive law and motion practice in this case, and that
it was pending for almost a year before it went to trial. The Court also notes that pre-trial
proceedings were extensive, and that the jury trial spanned the course of three
days. In light of all of the above, and
in light of the detailed evidence submitted with the motion, the Court finds
Plaintiff met its moving burden to show the fees were both actually and
reasonably incurred.
Any opposition to the motion was
due on or before 11/23/22. The Court has
not received opposition to the motion. In
light of the lack of opposition, the motion is granted in full. Plaintiff is awarded $47,835.50 in attorneys’
fees.
Plaintiff is ordered to give notice.