Judge: Mark E. Windham, Case: 22STCP04118, Date: 2024-10-16 Tentative Ruling

Case Number: 22STCP04118    Hearing Date: October 16, 2024    Dept: 26

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

MOTION FOR ATTORNEY’S FEES AND COSTS

(CCP § 685.040)

TENTATIVE RULING:

Plaintiff Western American Loan, Inc.’s Motion for Award of Attorney’s Fees and Costs is GRANTED IN THE AMOUNT OF $3,835.00 ATTORNEYS’ FEES AND $1,548.73 COSTS.

ANALYSIS:

On January 30, 2020, the Superior Court of Maricopa County, in the State of Arizona, entered judgment in favor of Western American Loan, Inc. (“Judgment Creditor”) and against Esmerelda Mendoza and Doe Spouse Mendoza (“Judgment Debtors”). Pursuant to the Application for Entry of Sister State Judgment filed on November 10, 2022, this Court entered judgment against Judgment Debtors in the amount of $17,363.75 on the same date. 

Judgment Creditor filed the instant Motion for Attorney’s Fees and Costs (the “Motion”) on August 8, 2024. No opposition to the Motion has been filed to date.

Discussion

Request for Judicial Notice

The Motion is accompanied by a request for judicial notice of the (1) Judgment entered in the County of Maricopa, State of Arizona, entitled Western American Loan, Inc. v. Esmeralda Mendoza and Doe Spouse Medoza with case number CV2019-097118; and (2) Judgment on Sister-State Judgment entered in the above-entitled action, in the Los Angeles County Superior Court, case number 22STCP04118. The request for judicial notice is granted pursuant to California Evidence Code section 452, subdivisions (c)-(d).

Entitlement to Attorney’s Fees

“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 Civ. Proc., § 685.070, subd. (a).) Code of Civil Procedure, section 685.040 states: “The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney’s fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Attorney’s fees incurred in enforcing a judgment are included as costs collectible under this title 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.” Also, the motion must be brought within two years of the incurred costs. (Code Civ. Proc., § 685.080, subd. (a).)

Judgment Creditor is entitled to attorney’s fees incurred enforcing its judgment pursuant to Code of Civil Procedure section 685.040 based on the award of attorney’s fees in the underlying sister-state judgment. (Motion, RJN, Exh. 1, p. 2:4-5.) The Motion is timely filed with respect to fees incurred between August 26, 2022 and July 3, 2024. (Motion, Baillio Decl., ¶¶7-8.)

Calculation of Attorney Fees and Costs

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.)  “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 v. Moses (2001) 24 Cal.4th 1122, 1134.)  The lodestar method is based on the factors, as 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.”  (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.’’” (Id.) A negative modifier was appropriate when duplicative work had been performed. (Thayer v. Wells Fargo Bank, N.A. (2001) 92 Cal.App.4th 819.)

Judgment Creditor submits the declaration of its attorney, Austin Baillio (“Baillio”) with an itemization of work performed, in support of its request for attorney’s fees. (Motion, Baillio Decl. and Exh. A.) Baillio declares he billed 3.6 hours of attorney time on collection efforts and the drafting of the instant Motion. (Id. at ¶¶6, 12 and Exh. A.) The hourly rate started at $325.00 per hour and increased to $375.00 per hour. (Id. at ¶6.) Baillio also billed three flat fees of $450.00 each and one flat fee of $150.00 for writs of execution and earnings withholding orders. (Id. at ¶7 and Exh. A.) Finally, three paralegals billing at $150.00 to $175.00 per hour spent 2.8 hours on this action during the same time frame. (Id. at ¶¶8-11 and Exh. A.) The Court finds these fees are reasonable based on the continuing post-judgment enforcement efforts undertaken by Judgment Creditor and the hourly rates charged. Judgment Creditor is awarded attorney’s fees in the amount of $3,835.00.

Plaintiff also incurred costs from investigation, filing fees, appearance fees, and other costs in the amount of $1,612.97. (Id. at Exh. A.) The Court finds the costs should be reduced under Code of Civil Procedure section 1033.5, pursuant to the Court’s discretion under subdivision (c)(4) with respect to costs not expressly allowed for “postage” and “background investigation.” (Ibid.) Accordingly, Judgment Creditor is awarded costs of $1,548.73.

Conclusion

Based on the foregoing, Plaintiff Western American Loan, Inc’s Motion for Award of Attorney’s Fees and Costs is GRANTED IN THE AMOUNT OF $3,835.00 ATTORNEYS’ FEES AND $1,548.73 COSTS.

Moving party to give notice.