Judge: Mark E. Windham, Case: 22STCP01583, Date: 2023-03-09 Tentative Ruling

Case Number: 22STCP01583    Hearing Date: March 9, 2023    Dept: 26

Lonehill Manor, LP v. Williamsen, et al

MOTION FOR ATTORNEY’S FEES AND COSTS

(Civil Code §§ 798.85, 1717)

TENTATIVE RULING:

Petitioner Lonehill Manor Limited’s Motion for Attorney’s Fees and Costs is GRANTED IN THE AMOUNT OF $16,990.00 ATTORNEY’S FEES AND $499.43 COSTS.     

ANALYSIS:

Petitioner Lonehill Manor, LP (“Petitioner”) filed the instant Petition for Permanent Injunction Pursuant to Civil Code section 798.88 against Susan Williamsen (“Respondent”) on April 28, 2022. Petitioner moved pursuant to Civil Code section 786.88 for an order enjoining Respondent from continuing violations of the rules of Petitioner’s Mobile Home Park, Lonehill Manor (“the Park”). Respondent filed an Answer and Request for ADA Accommodation in response to the Petition.

Following multiple continuances of the hearing date, the Petition was heard and granted on June 28, 2022. On October 26, 2022, the Court granted the Petition and found Petitioner was entitled to an award of attorney’s fees and costs. (Order Granting Petition for Permanent Injunction, 10/26/22, p. 3:1-4.) Petitioner filed the instant Motion for Attorney’s Fees and Costs on November 23, 2022. No opposition to the Motion has been filed to date.

Discussion

Petitioner requests attorney’s fees of $19,734.00 and costs of $499.43 pursuant to Civil Code section 798.85 and 1717. (Motion, Beam Decl., ¶¶5-9.) A motion for attorneys’ fees must be filed and served with the time for filing a notice of appeal under Cal. Rules of Court Rule 8.822. (Cal. Rules of Court Rule 3.1702(a).) Cal. Rules of Court Rule 8.822 states that an attorneys’ fees motion must be filed within either (1) 30 days after the trial court clerk served the party filing the motion with notice of entry of judgment; or (2) 90 days after entry of judgment. (Cal. Rules of Court 8.822(1).) Here, the order granting the Petition was entered on October 26, 2022 and the instant motion was timely filed on November 23, 2022.

Entitlement to Attorney’s Fees and Costs

A prevailing party in entitled to recover costs, including attorneys’ fees when authorized by statute or contract. (Code Civ. Proc., § 1032, subd. (a)(4); § 1033.5, subd. (a)(10).) Similarly, Code of Civil Procedure section 1717 provides that attorneys’ fees and costs shall be awarded to the prevailing party in an action on a contract, where the contract specifically provides for attorneys’ fees and costs. (Code Civ. Proc., § 1717, subd. (a).) It is undisputed that Petitioner is the prevailing party in this action, as the party in whose favor the Petition was granted. (See Code Civ. Proc., § 1032, subd. (a)(4).) Accordingly, it is entitled to recover its attorney’s fees and costs if so provided in the contract at issue or the moving statute.

The parties’ contract provides for recovery of attorney’s fees pursuant to the Mobilehome Residency Law. (Motion, Beam Decl., Exh. 1, ¶32.) Under the Mobilehome Residency Law, at Civil Code section 798.85, the prevailing party is entitled to reasonable attorney’s fees and costs. (Civ. Code, § 798.85.) Therefore, both contract and statute provide that Petitioner is entitled to recover its reasonable attorney’s fees and costs.

Amount of Attorney’s Fees and Costs

The attorney’s fees sought are based on hourly rates of $275.00, $300.00, and $350.00 per hour, plus paralegal time billed at $140.00 per hour. (Motion, Beam Decl., ¶¶5-7.)

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.) “‘[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 reasonable hourly rate is that prevailing in the community for similar work.”  (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095.) The hourly rates are reasonable for an attorney with decades of experience, as Petitioner’s attorney does, in a particularly specialized area of practice. (Motion, Beam Decl., ¶8.) However, the increase in the hourly rate for Attorney Beam from $300.00 to $350.00 per hour and for Attorney Breen from $275.00 to $300.00 per hour, purportedly starting in July 2022, is not explained and is not accurately reflected in the billing records. (See id. at ¶¶5-7.) The billing records show that the higher rates were charged starting in June 2022. (Id. at Exh. 2.) Also, the Motion does not offer an explanation why the paralegal rates are $140.00, which is on the high end. (Id. at ¶5.) The Court finds the attorney’s rates should remain at $300.00 per hour for Attorney Beam and $275.00 per hour for Attorney Breen, and the paralegal rate should be reduced to $100.00 per hour.

Regarding the number of hours expended, the lodestar method looks to factors 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.” (Ketchum, supra, 24 Cal.4th at 1132.) The Court finds the Motion supports the number of hours billed on the matter.

Specifically, Petitioner’s counsel states that the work included issuing a 7-Day Notice, preparing and filing the Petition, communicating with witnesses, preparing and filing the supporting declarations, bringing an ex parte application to advance the hearing, preparing supplemental declarations to address the Answer, attending the hearing on the ADA accommodation request, attending the hearing on the Petition, obtaining the issuance of the Injunction Order and bringing the instant Motion. (Motion, Beam Decl., ¶¶3-6 and Exh. 2.) For this work, the attorneys and paralegals spent 66.6 hours. (Id. at ¶¶6-7.) Therefore, the attorney’s fees are reduced to $10,560.00 for Attorney Beam, $5,170.00 for Attorney Breen, and $1,260.00 for the paralegals’ time. Petitioner is awarded total attorney’s fees of $16,990.00.

The costs are set forth in the timely filed Memorandum of Costs and appear proper. (Memo of Costs, filed 07/18/22.) Petitioner is awarded costs of $499.43. 

Conclusion

Petitioner Lonehill Manor Limited’s Motion for Attorney’s Fees and Costs is GRANTED IN THE AMOUNT OF $16,990.00 ATTORNEY’S FEES AND $499.43 COSTS.

Moving party to give notice.