Judge: Mark E. Windham, Case: LAM16K13080, Date: 2023-04-19 Tentative Ruling
Case Number: LAM16K13080 Hearing Date: April 19, 2023 Dept: 26
The Village of Copper Basin v. Marciano, et
al.
MOTION FOR ATTORNEY’S FEES AND COSTS
TENTATIVE RULING:
Judgment
Creditor Village of Copper Basin Community Association’s Motion for Award of Attorney’s Fees and Costs is GRANTED IN THE AMOUNT OF $2,115.00 IN
ATTORNEY’S FEES AND $468.62 IN COSTS.
ANALYSIS:
On June 29, 2015, the Apache
Junction Precinct, Pinal County, in the State of Arizona, entered default
judgment in favor of Plaintiff The Village of Copper Basin Community
Association (“Judgment Creditor”) and against Defendants Jorge A. Marciano and
Jane Doe Marciano (“Judgment Debtors”) in The Village of Copper Basin
Community Association v. Marciano, Case No. CC2014-4107. The default
judgment was entered in the principal sum of $2,291.56, interest, attorney’s
fees of $962.50, and costs of $234.8. (Motion, RJN, Exh. 2.)
On November 16, 2016, this Court
entered judgment pursuant to the Application for Entry of Sister State Judgment
against Judgment Debtors in the amount of $4,747.13, plus interest and costs of
$225.00. On October 1, 2018, the Court granted Judgment Creditor’s first motion
for attorney fees and costs in the amount of $4,732.50 attorney fees and
$795.19 costs. (Minute Order, 10/01/18.) On December 12, 2018, the Court
granted Judgment Creditor’s motion for assignment order with respect to
Judgment Debtor Jorge A. Marciano’s interest in earnings from Eagles Mortgage
Company, Inc. (Minute Order, 12/12/18.) On January 15, 2020 and August 25, 2021,
the Court granted Judgment Creditor’s additional motions for attorney fees and costs.
(Minute Orders, 01/05/20, 08/25/21.)
Judgment Creditor filed the
instant motion for award of attorney fees and costs on November 17, 2022. To
date, no opposition has been filed.
Discussion
Request for Judicial Notice
The motion is accompanied by a
request for judicial notice of the (1) Declaration of Covenants, Conditions and
Restrictions for The Village of Copper Basin recorded in the Pinal County,
Arizona Recorder's Office on November 18, 2002 as Instrument No. 2002-062825;
(2) the Judgment entered in the Apache Junction Justice Court, County of Pinal,
State of Arizona entitled “The Village of Copper Basin Community Association v.
Jorge A. Marciano and Jane Doe Marciano,” case number CV2014-4197; and (3) a
copy of the Notice of Entry of Sister-State Judgment filed and entered in the
Los Angeles Superior Court, case number LAM16K13080. The request for judicial
notice is granted pursuant to California 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 with two years of the incurred costs. (Code Civ. Proc., § 685.080,
subd. (a).)
As the Court previously found on the first three motions for
attorney fees and costs, Judgment
Creditor is entitled to attorney fees incurred enforcing its judgment pursuant to
Code
of Civil Procedure section 685.040 based on the award of attorney fees in the underlying
sister-state judgment. (Motion, RJN, Exh. 2.) The Motion is timely
filed with respect to fees incurred between August 4, 2021 and November
7, 2022. (Motion,
Baillio Decl., ¶¶7-8 and Exh. A.)
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
fees. (Motion, Baillio Decl. and Exh. A.) Baillio declares he billed 1.5 hours
of attorney time on collection efforts, plus 1.5 hours to prepare the instant motion
and anticipates spending an additional 0.4 hours at the hearing. (Id. at
¶¶8, 14 and Exh. A.) Baillio billed at $300.00 an hour until January 1, 2022,
then billed $325.00 per hour. (Id. at ¶6.) The junior associate,
Kristopher L. Amundsen, billed $275.00 an hour and spent 3.1 hours on this
action. (Id. at ¶¶6-7.) Two paralegals billing at $150.00 per hour spent
1.1 hours on this action during the same time frame; another paralegal billed
0.2 hours at $125.00 per hour. (Id. at ¶¶11-13 and Exh. A.) The total
amount of attorney fees Judgment Creditor incurred during the relevant time
frame, therefore, is $2,115.00. (Id. at ¶¶8-15 and Exh. A.) The Court
finds this amount reasonable based the billing rates and the amount of time
spent. Plaintiff also incurred costs, including from investigation, filing fees,
and appearance fees, in the amount of $468.62. (Id. at ¶18 and Exh. A, pp.
1-2.) The Court awards these costs as reasonable. Accordingly, the Court grants
Plaintiff $2,115.00 in attorney fees and costs of $468.62.
Conclusion
Judgment
Creditor Village of Copper Basin Community Association’s Motion for Award of Attorney Fees and Costs is GRANTED IN THE AMOUNT OF $2,115.00 IN
ATTORNEY FEES AND $468.62 IN COSTS.
Moving
party to give notice.