Judge: Mark E. Windham, Case: 20STCV28776, Date: 2023-05-18 Tentative Ruling

Case Number: 20STCV28776    Hearing Date: May 18, 2023    Dept: 26

Silva v. Agnes, et al.

MOTION FOR ATTORNEY’S FEES

(CCP § 2033.420)

TENTATIVE RULING:

Cross-Complainant Dana Verro Agnes’ Motion for Attorney Fees is PLACED OFF CALENDAR. THE MOTION IS TO BE SCHEDULED IN DEPARTMENT 93 OF THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Anne Silva (“Cross-Defendant”) filed the instant action for fraud and wrongful eviction against Defendant Dana Verro Agnes (“Cross-Complainant”) on July 30, 2020. On October 8, 2020, Cross-Complainant filed a Cross-Complaint for breach of contract against Plaintiff. On September 17, 2021, the Court granted Cross-Complainant’s Motion for Summary Judgment on the Complaint. (Minute Order, 09/17/21.) Due to the amount in controversy on the Cross-Complaint falling below $10,000.00, the case was reassigned to the Limited Jurisdiction Department. (Ibid.) The Cross-Complaint came for trial on September 6, 2022, at which time the trial court found in favor of Cross-Complainant in the amount of $2,608.54 (Minute Order, 09/06/22, p. 2.)

Cross-Complainant filed the instant Motion for Attorney’s Fees on November 7, 2022. Cross-Defendant filed an opposition on February 3, 2023.

Discussion

Cross-Complainant moves for attorney’s fees pursuant to Code of Civil Procedure section 2033.420, which provides:

If a party fails to admit the genuineness of any document or the truth of any matter when requested to do so under this chapter, and if the party requesting that admission thereafter proves the genuineness of that document or the truth of that matter, the party requesting the admission may move the court for an order requiring the party to whom the request was directed to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees.

(Code Civ. Proc., § 2033.420, subd. (a). The court must award reasonable fees unless it finds:

(1) An objection to the request was sustained or a response to it was waived under Section 2033.290.

(2) The admission sought was of no substantial importance.

(3) The party failing to make the admission had reasonable ground to believe that that party would prevail on the matter.

(4) There was other good reason for the failure to admit

(Code Civ. Proc., § 2033.240, subd. (b).) In opposition, Cross-Defendant first argues that only the trial judge can hear this motion. Case law stands for the proposition that the discretion to “determine whether the party propounding the admission thereafter proved the truth of the matter which was denied” is vested in the trial judge. (See Bloxham v. Saldinger (2014) 228 Cal.App.4th 729, 753; Garcia v. Hyster Co. (1994) 28 Cal.App.4th 724, 735.) Accordingly, this motion must be reserved with the trial judge, Judge Ian Fusselman, in Department 93 of the Spring Street Courthouse.

Conclusion

Cross-Complainant Dana Verro Agnes’ Motion for Attorney Fees is PLACED OFF CALENDAR. THE MOTION IS TO BE SCHEDULED IN DEPARTMENT 93 OF THE SPRING STREET COURTHOUSE.

Moving party to give notice.