Judge: Mark C. Kim, Case: 22LBUD00394, Date: 2023-05-25 Tentative Ruling

Case Number: 22LBUD00394    Hearing Date: May 25, 2023    Dept: S27

1.     Background Facts

Plaintiff, Coast MH, LLC filed this action against Defendant, Patricia Van Duyn for unlawful detainer, alleging Defendant is in violation of an order citing Defendant for a non-permitted addition to her mobile home, which addition is too close to the property line for an adjoining parcel.  Plaintiff also contends Defendant is in violation of an 8/17/21 inspection, which revealed exposed romex wiring and an unfished porch and egress door with non-complying steps.  Plaintiff served Defendant with a sixty-day notice to quit, but Defendant has not vacated the premises or removed her mobile home. 

Plaintiff filed a request for dismissal of the entire lawsuit on 11/01/22. 

2.     Motion for Attorneys’ Fees

Defendant seeks to recover the attorneys’ fees expended defending this lawsuit.  The parties’ lease provision contains an attorneys’ fees clause in favor of any party who prevails on litigation relating to the tenancy.  Attorneys’ fees are therefore appropriate pursuant to Civil Code §§1717. 

Defense Counsel provided detailed billing records showing Defendant incurred $37,080 in attorneys’ fees in connection with this case.  The Court has reviewed the hourly rates and hours claimed by Counsel, and finds them to be fair and reasonable in light of the litigation history of the case. 

Any opposition to the motion was due on or before 5/12/23.  The Court has not received timely opposition to the motion, and will not consider any late-filed opposition papers.  In light of the lack of opposition, the motion is granted in its entirety. 

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.