Judge: Mark E. Windham, Case: 20STLC03449, Date: 2024-01-25 Tentative Ruling

Case Number: 20STLC03449    Hearing Date: January 25, 2024    Dept: 26

Manzella v. Najjarin, et al.

MOTION FOR CONTEMPT AND SANCTIONS

(CCP §§ 1209(a)(5), 1212, 177, et seq.; LASC Rule 3.11)

TENTATIVE RULING:

Judgment Creditor Salvatore Manzella’s Request for Attorney’s Fees and Costs Upon an Order of Contempt is GRANTED IN THE AMOUNT OF $1,775.01 IN ATTORNEY’S FEES AND $160.01 IN COSTS.

ANALYSIS:

Plaintiff Salvatore Manzella (“Judgment Creditor”) filed the instant action for breach of contract and fraud against Defendant Rami S. Najjarin (“Judgment Debtor”) on April 20, 2020. Judgment Debtor filed an answer on May 20, 2020. On October 25, 2022, the Court granted the parties’ stipulation for entry of judgment in the amount of $21,008.44 principal, $13,316.00 attorney’s fees, and $639.92 costs. (Order for Entry of Judgment, 10/25/22.)

On February 22, 2023, Judgment Creditor filed an Application and Order for Appearance and Examination, which was set for May 11, 2023. On May 11, 2023, Judgment Debtor appeared, was sworn, and examined. (Minute Order, 05/11/23.) The examination was continued to June 15, 2023 with orders for Judgment Debtor to appear on that date and for the subpoena duces tecum to remain in full force and effect. (Ibid.) On June 15, 2023, Judgment Debtor called into the Court and indicated he could not appear due to health/back issues. (Minute Order, 06/15/23.) The Court ordered a bench warrant to be held until August 10, 2023 with bail set in the amount of $5,000.00. (Ibid.) The Court also ordered Judgment Debtor to produce the requested documents at the next hearing. (Ibid.)

On August 10, 2023, Judgment Debtor appeared, was sworn, and examined. (Minute Order, 08/10/23.) The Court recalled and quashed the bench warrant and continued the examination to October 5, 2023 to allow Judgment Debtor to bring the subpoenaed documents. (Ibid.) On October 5, 2023, Judgment Debtor appeared, was sworn, and examined. (Minute Order, 10/05/23.) The Court again continued the examination to November 9, 2023 to allow Judgment Debtor to bring the subpoenaed documents. (Ibid.)

The examination did not continue on November 9, 2023 due to the Court’s unavailability. (Minute Order, 11/09/23.) On the same date, Judgment Creditor filed the instant Motion for Order for Contempt and Request for Attorney’s Fees and Costs. The Motion initially came for hearing on December 13, 2023 and was granted as to the order for contempt. (Minute Order, 12/13/23.) The hearing was continued to allow Judgment Creditor to file a declaration in support of the requested attorney’s fees and costs. (Ibid.) Judgment Creditor filed a supporting declaration on January 9, 2024. No opposition has been filed to date.

Discussion

“[I]f it be adjudged that the person is guilty of the contempt, a fine may be imposed on the person not exceeding one thousand dollars ($1,000), payable to the court, or the person may be imprisoned not exceeding five days, or both.” (Code Civ. Proc., 1218, subd. (a).) “In addition, a person who is subject to a court order as a party to the action, or any agent of this person, who is adjudged guilty of contempt for violating that court order may be ordered to pay to the party initiating the contempt proceeding the reasonable attorney’s fees and costs incurred by this party in connection with the contempt proceeding.” (Code Civ. Proc., § 1218, subd. (a).) The requested contempt order having been granted, Judgment Creditor is entitled to an award of their attorney’s fees and costs. In the Motion, Judgment Creditor requested attorney’s fees of $1,275.01. (Motion, p. 7:20-25.) Following the hearing, the amount has increased to $2,450.00. (Motion, Schoen Decl., ¶12.) The Court does not find it reasonable that Judgment Creditor incurred almost the same amount of fees after the Motion was filed as before. Attending the hearing and preparing a supporting declaration should add only minimal time to the work on this Motion. (See id. at Exhs. A-C.) Also, the lack of any opposition renders the proposed time spent on the reply improper. Therefore, Judgment Creditor is awarded an additional $500.00 in attorneys’ fees, for a total of $1,775.01, plus costs of $160.01.

Conclusion

Judgment Creditor Salvatore Manzella’s Request for Attorney’s Fees and Costs Upon an Order of Contempt is GRANTED IN THE AMOUNT OF $1,775.01 IN ATTORNEY’S FEES AND $160.01 IN COSTS.

Moving party to give notice.