Judge Mark E. Windham, Case Number: 20STCP03969, Date: 2024-08-07 Tentative Ruling

Judge: Mark E. Windham, Case: 20STCP03969, Date: 2024-08-07 Tentative Ruling

Case Number: 20STCP03969 Hearing Date: August 7, 2024 Dept: 26

Desert Passage COA. v. Serrato, et al., et al.

MOTION FOR ATTORNEY’S FEES AND COSTS

(CCP § 685.040)

TENTATIVE RULING:

Plaintiff Desert Passage Community Association’s Motion for Award of Attorney Fees and Costs is GRANTED IN THE AMOUNT OF $2,232.50 IN ATTORNEY FEES AND $693.60 IN COSTS.

ANALYSIS:

On September 26, 2016, the Justice Court, Maricopa-Stanfield Precinct, County of Pinal, State of Arizona entered judgment in favor of Plaintiff Desert Passage Community Association (“Plaintiff”) in the action entitled Desert Passage Community Association v. Gabriel Serrato and Monica Serrato in Case No. CV2017-0049. The default judgment was entered in the principal sum of $2,145.21, plus interest and reasonable attorney’s fees and costs against Defendants Gabriel Serrato and Monica Serrato (collectively, “Defendants”). On December 2, 2020, this Court entered judgment based on the sister-state judgment in Case No. CV2017-0049. On October 19, 2022, the Court granted Plaintiff’s first Motion for Attorney’s Fees and Costs. (Minute Order, 10/19/22.)

Plaintiff brings the instant Motion for Attorney’s Fees and Costs, filed on June 3, 2024. To date, no opposition has been filed.

Discussion

Request for Judicial Notice

The Motion is accompanied by a request for judicial notice of the (1) Declaration of Covenants, Conditions and Restrictions for Desert Passage recorded in the Pinal County, Arizona Recorder's Office on December 30, 2004 as Instrument No. 2004-108203; (2) Judgment entered in the Justice Court, Maricopa-Stanfield Precinct, County of Pinal, State of Arizona in the action entitled Desert Passage Community Association v. Gabriel Serrato and Monica Serrato in Case No. CV2017-0049; and (3) Judgment on Sister-State Judgment entered in the above-entitled action, in the Los Angeles County Superior Court, case number 20STCP03969. The request for judicial notice is granted pursuant to Evidence Code section 452, subdivisions (c) and (d).

Entitlement to Attorney Fees and Costs

“The judgment creditor may claim under this section the following costs of enforcing a judgment: . . . (6) Attorney's fees, if allowed by Section 685.040.” (Code Civ. Proc., § 685.070, subd. (a).) Code of Civil Procedure, section 685.040 states: “The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney’s fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Attorney’s fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney’s fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5.” Also, the motion must be brought with two years of the incurred costs. (Code Civ. Proc., § 685.080, subd. (a).)

Based on the award of attorney’s fees in the judgment from the sister-state case and the Court’s earlier order awarding attorney’s fees, Plaintiff is again entitled to attorney’s fees incurred enforcing its judgment pursuant to Code of Civil Procedure section 685.040. (Motion, RJN, Exh. 2, p. 2.) The Motion is timely filed regarding fees incurred from July 1, 2022 and May 31, 2024. Judgment Creditor seeks fees of $2,267.50 and costs of $693.60. (Motion, Bailio Decl., ¶¶17-18.)

Calculation of Attorney Fees and Costs

The Court’s objective is to award attorney fees at the fair market value based on the particular action. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132.) “The reasonable hourly rate is that prevailing in the community for similar work.” (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095.) “‘[T]he fee setting inquiry in California ordinarily begins with the 'lodestar,' i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate . . . .’” (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1134.) The lodestar method is based on the factors, as relevant to the particular case: “(1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, (4) the contingent nature of the fee award.” (Id. at 1132.) “The ‘‘experienced trial judge is the best judge of the value of professional services rendered in his court, and while his judgment is of course subject to review, it will not be disturbed unless the appellate court is convinced that it is clearly wrong.’’” (Id.) A negative modifier was appropriate when duplicative work had been performed. (Thayer v. Wells Fargo Bank, N.A. (2001) 92 Cal.App.4th 819.)

Plaintiff submits the declaration of its attorney, B. Austin Baillio (“Baillio”), in support of its request for attorney fees. Baillio declares he billed $325.00 per hour until January 1, 2023, after which he billed $375.00 an hour. (Motion, Baillio Decl., ¶6.) During the relevant time, Baillio billed $1,587.50 for 3.1 hours of attorney time. (Id. at ¶¶7, 14 and Exh. A.) The firm’s paralegals also billed $645.00 for four hours billed at $150.00 to 175.00 per hour. (Id. at ¶¶10-13 and Exh. A, p. 1.) This attorney and paralegal time was spent attending the hearing on the first motion for attorney’s fees, searching for Defendants’ assets, communicating with Judgment Creditor, obtaining and recording an abstract of judgment, and drafting the instant Motion. (Id. at Exh. A.)

The Court finds the rates charged by Plaintiff’s counsel for the hours billed, and the time billed on collection efforts, reasonable based on the attorneys’ experience and the limited amount of time spent on collection efforts and this Motion. Accordingly, Plaintiff is awarded attorney’s fees of $2,232.50. Plaintiff also seeks an award of $693.60 for investigation, filing fees, appearance fees, and other costs. (Id. at Exh. A, p. 2.) These costs are likewise supported by the attorney declaration and are awarded to Plaintiff.

Conclusion

Plaintiff Desert Passage Community Association’s Motion for Award of Attorney Fees and Costs is GRANTED IN THE AMOUNT OF $2,232.50 IN ATTORNEY FEES AND $693.60 IN COSTS.

Moving party to give notice.