Judge Mark E. Windham, Case 21STCP02630 2023-05-03 Tentative Ruling

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Western American Loan, Inc. v. Geezil, et al.

MOTION FOR ATTORNEY FEES

(CCP § 685.040)

Plaintiff Western American Loan, Inc.’s motion for attorneys’ fees and costs is GRANTED in the amount of $3,785.21.

Plaintiff Western American Loan, Inc. moves for an award of post-judgment attorneys’ fees and costs in the amount of $3,785.21.

On August 12, 2021, Judgment Western American Loan, Inc. (“Judgment Creditor”) filed an Application for Entry of Judgment on Sister-State Judgment against Judgment Debtors Alex Michael Geezil and Doe Spouse Geezil, a marital community (collectively, “Judgment Debtors”). That same day, a judgment of $18,956.90 was entered.

On November 21, 2022, Judgment Creditor filed the instant Motion for Attorney’s Fees and Costs. No opposition was filed.

Judgment Creditor requests that the Court take judicial notice of (1) the Judgment entered in the Maricopa County Superior Court in the State of Arizona, entitled Western American Loan, inc. v. Alex Michael Geezil and Doe Spouse Geezil with case number CV2019-094497, and (2) the Notice of Entry of Judgment on Sister-State Judgment entered in this action. Judgment Creditor’s request is GRANTED. (Evid. Code., § 452, subds. (c), (d).)

The Court’s objective is to award attorney’s 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, supra, 24 Cal.4th at 1134.) The lodestar method is based on several factors, as relevant to each 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.’’” (Ibid.) A negative modifier is appropriate when duplicative work is performed. (Thayer v. Wells Fargo Bank, N.A. (2001) 92 Cal.App.4th 819.)

Code of Civil Procedure, section 685.070, subdivision (a) states in pertinent part: “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 of Civil Procedure section 685.040 provides that a “judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment.” Attorney’s fees incurred in enforcing a judgment are expressly excluded unless otherwise provided by law. (Code Civ. Proc. § 685.040.) Attorney’s fees that are incurred in enforcing a judgment are collectible as costs “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” which allows for attorney’s fees when authorized by contract. (Ibid; Code Civ. Proc., § 1033.5, subd. (a)(10)(A).)

In addition, Code of Civil Procedure, section 685.080 subdivision (b) requires that: “[t]he notice of motion shall describe the costs claimed, shall state their amount, and shall be supported by an affidavit of a person who has knowledge of the facts stating that to the person's best knowledge and belief the costs are correct, are reasonable and necessary, and have not been satisfied. The notice of motion shall be served on the judgment debtor. Service shall be made personally or by mail.”

Judgment Creditor provides that between March 3, 2021 and November 14, 2022 during collection efforts, attorney’s fees charged by the attorneys, the paralegals, and expected to be charged for the hearing on this motion amount to $2,827.50. (Baillio Decl., ¶14.) Counsel provides the relevant billing records and a break down thereof in his declaration. (See Baillio Decl.) Further, advancements of costs and disbursements in this case amount to $957.71. (Baillio Decl., ¶17.) Thus, the total amount of $3,785.21 is justified and awarded.

Plaintiff Western American Loan, Inc.’s motion for attorneys’ fees and costs is GRANTED in the amount of $3,785.21.