Judge: Mark E. Windham, Case: 23STCP00068, Date: 2023-11-22 Tentative Ruling

Case Number: 23STCP00068    Hearing Date: November 22, 2023    Dept: 26

Laveen Meadows HOA v. Carrizales, et al.

MOTION FOR ATTORNEY FEES AND COSTS

(CCP § 685.040)

TENTATIVE RULING:

Plaintiff Laveen Meadows Homeowners Association’s Motion for Award of Attorney Fees and Costs is GRANTED IN THE AMOUNT OF $2,855.00 ATTORNEY’S FEES AND $778.93 COSTS.

ANALYSIS:

Judgment Creditor Laveen Meadows Homeowners Association (“Judgment Creditor”) filed an application for entry of sister state judgment against Judgment Debtor Javier Carrizales (“Judgment Debtor”) on January 3, 2023. The Court entered judgment in the principal amount of $11,954.70 on the same day.

Judgment Creditor filed the instant Motion for Attorney Fees and Costs on September 5, 2023. No opposition has been filed to date.

Discussion

Request for Judicial Notice

Judgment Creditor asks the Court to take judicial notice of the following: (1) the relevant portions of the Master Declaration of Covenants, Conditions and Restrictions for Laveen Meadows recorded in the Maricopa County, Arizona Recorder's Office on April 23, 2004, as Instrument No. 20040437118; (2) judgment entered in the Maricopa County Superior Court, State of Arizona on November 2, 2016 in Laveen Meadows Homeowners Association, Inc. v. Javier Carrizales and Does Spouse

Carrizales with case number CC2016-028303; and (3) the Notice of Entry of Judgment on Sister-State Judgment in the above-entitled action, in the Los Angeles County Superior Court with case number 23STCP00068. The request is granted pursuant to Cal. Evidence Code section 452, subdivisions (c) and (d).

Entitlement to Attorney Fees and Costs

“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).)

Based on the award of attorney’s fees in the judgment from the underlying case, Plaintiff is also entitled to attorney fees incurred enforcing its judgment in this action pursuant to Code of Civil Procedure section 685.040. (Motion, RJN, Exh. 2, p. 2:7.) The Motion was timely filed with respect to fees and costs incurred from November 28, 2022 to August 24, 2023. (Motion, Baillio Decl., ¶7.)

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”), in support of its request for attorney’s fees. Baillio declares he billed $325.00 per hour for his work on this matter until January 1, 2023, at which time the rate increased to $375.00 per hour. (Motion, Baillio Decl., ¶6.) During that time, Baillio billed 3.3 hours of attorney time and charged two flat rates of $450.00 for writs of execution and earnings withholding orders. (Id. at ¶7.) Additionally, Baillio anticipates spending 1.9 hours on the instant Motion for Attorney’s Fees. (Id. at ¶9.) Paralegals for Judgment Creditor’s attorney billed 0.2 hours at $150.00 per hour.

The Court finds the time spent and rates charged were reasonable for the collection efforts undertaken by Judgment Creditor. These efforts included (1) obtaining and recording an abstract of judgment; (2) obtaining a writ of execution, a wage garnishment, and a bank levy; (3) searching for assets owned by Debtors to use to satisfy judgment; and (4) drafting the instant motion. (Id. at ¶5 and Exh. A.) Judgment Creditor also incurred costs for filing, service and other fees in connection with this action. (Ibid.) However, the Court exercises its discretion to deny costs that are not allowed under Code of Civil Procedure section 1033.5 (See Code Civ. Proc., § 1033.5, subd. (d).) Costs are reduced in the amount of $78.74 to $778.93. (Id. at ¶15 and Exh. A.)

Therefore, Judgment Creditor is awarded attorney fees of $2,855.00 and costs of $778.93.

Conclusion

Plaintiff Laveen Meadows Homeowners Association’s Motion for Award of Attorney Fees and Costs is GRANTED IN THE AMOUNT OF $2,855.00 ATTORNEY’S FEES AND $778.93 COSTS.

Moving party to give notice.