Judge: Mark C. Kim, Case: 22LBCV00068, Date: 2023-05-16 Tentative Ruling

Case Number: 22LBCV00068    Hearing Date: May 16, 2023    Dept: S27

1.     Relevant Background Facts

Plaintiff, Genesis Condominium Association filed this action against Defendant, Tiffany Lacy Quisenberry for injunctive relief and damages arising out of Defendant’s breach of the condominium association’s governing documents.  Plaintiff’s complaint alleges Defendant is violating the governing rules in a variety of ways, including excessive noise, excessive noxious odors, and threatening neighbors. 

Plaintiff sought and obtained a preliminary injunction precluding Defendant’s misconduct.  Defendant failed to appear at numerous hearings, including the FSC and trial, which proceeded by way of default judgment prove-up.  At the 9/16/22 prove-up hearing, the Court found in Plaintiff’s favor and against Defendant.  The Court noted that no monetary damages were sought.  The Court ordered Plaintiff to seek recovery of attorneys’ fees and costs by way of a memorandum of costs and/or motion for attorneys’ fees. 

2.     Motion for Attorneys’ Fees

Civil Code §5975 permits the prevailing party on an action to enforce the CC&Rs to recover its attorneys’ fees.  Plaintiff, by way of this motion, seeks to recover $42,217.00 in attorneys’ fees.  Plaintiff’s request is supported by the Declaration of Counsel, David C. Swedelson, who details all time billed in connection with this matter.  The Court finds the declaration credible and the fees reasonable.  Notably, Defendant violated the terms of the injunction, and Plaintiff initiated contempt proceedings, which were continued multiple times, and Defendant ultimately failed to appear for the proceedings, resulting in the issuance of a bench warrant for her arrest.  Thus, Defendant necessitated additional attorneys’ fees by failing to comply with court orders issued against her.  The motion is therefore granted in its entirety. 

Plaintiff also seeks to recover costs by way of this motion.  CRC 3.1700 requires costs to be sought by way of a memorandum of costs.  The Court instructed Plaintiff to file a memorandum of costs.  Plaintiff failed to do so.  The request to recover costs by way of this motion is denied as unsupported by authority. 

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.