Judge Mark E. Windham, Case Number: 22STCP01915, Date: 2023-05-24 Tentative Ruling

Judge: Mark E. Windham, Case: 22STCP01915, Date: 2023-05-24 Tentative Ruling

Case Number: 22STCP01915 Hearing Date: May 24, 2023 Dept: 26

Twin Oaks Mobile Home Park, LP v. Mora, et al.

MOTION FOR ATTORNEY FEES AND COSTS

(Civil Code §§ 798.85, 1717)

TENTATIVE RULING:

Petitioner Twin Oaks Mobile Home Park LP dba Twin Oaks Mobile Home’s Motion for Attorney’s Fees and Costs is GRANTED IN THE AMOUNT OF $6,418.21 ATTORNEY FEES AND $60.00 COSTS.

ANALYSIS:

Petitioner Twin Oaks Mobile Home Park, LP (“Petitioner”) filed the instant Petition for Permanent Injunction Pursuant to Civil Code section 798.88 against Belen Mora (“Respondent”) on May 19, 2022. Proof of personal service of the Petition was filed on July 27, 2022. The Petition initially came for hearing on September 22, 2022 at which time the matter was continued to November 17, 2022 to allow Petitioner to demonstrate proper notice. (Minute Order, 09/22/22.) Petitioner filed a Notice of Continuance on September 22, 2022 and proof of service of the same on September 30, 2022. On November 10, 2022, however, the Court continued the hearing again with instruction to Petitioner to give Respondent notice of the continuance. (Minute Order, 11/10/22.) Petitioner filed a Notice of Continuance on December 16, 2022. At the next hearing on December 21, 2022, the Court again found notice of the hearing insufficient and ordered a continuance. (Minute Order, 12/21/22.) Petitioner filed a Notice of Continuance on December 20, 2022. No response to the Petition has been filed to date.

On January 27, 2023, the Court entered judgment in favor of Petitioner and found Petitioner was entitled to an award of attorney’s fees and costs. (Order Granting Petition for Permanent Injunction, 01/27/23, ¶5.) Petitioner filed the instant Motion for Attorney Fees and Costs on February 27, 2023. No opposition to the Motion has been filed to date.

Discussion

Petitioner requests attorney’s fees of $9,622.50 and costs of $60.00 pursuant to Civil Code section 798.85 and 1717. (Motion, Egan Decl., ¶¶13-15.) 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 January 27, 2023 and the instant motion was timely filed on February 27, 2023.

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.

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, the charging statute provides 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 from $175.00 to $425.00 per hour, plus paralegal time billed at $125.00 to $150.00 per hour. (Motion, Egan Decl., ¶10 and Exh. A.) Plaintiff’s counsel billed 38 hours or attorney/paralegal time. (Id. at ¶15 and Exh. A.)

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 many years of experience, as Petitioner’s attorneys do, in a particularly specialized area of practice. (Motion, Egan Decl., ¶10.) However, the Motion does not offer an explanation why the paralegal rates are $125.00 and $150.00, which is on the high end. (Ibid.) The Court finds 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 does not support all the hours billed on this action.

First, the number of different attorneys working on this matter was not necessary and resulted in time spent by the attorneys coordinating their work. Second, much of the time spent from the end of September 2022 to the end of January 2023 was the result of improper notice to Respondent. Ultimately, this was an unopposed Petition that should have been resolved more expeditiously and with less attorney involvement. The attorney and paralegal time reasonably billed on this action is reduced by one-third of the hours to 25.35 hours, with an attorney fee award of $6,418.21. The costs are awarded in the amount of $60.00.

Conclusion

Petitioner Twin Oaks Mobile Home Park LP dba Twin Oaks Mobile Home’s Motion for Attorney’s Fees and Costs is GRANTED IN THE AMOUNT OF $6,418.21 ATTORNEY’S FEES AND $60.00 COSTS.

Moving party to give notice.