Judge: Mark H. Epstein, Case: 19SMCV00057, Date: 2023-04-10 Tentative Ruling

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Case Number: 19SMCV00057    Hearing Date: April 10, 2023    Dept: R

The court has reviewed the supplemental papers.  The court appreciates that defendant has limited the argument to the question of the enhancement and has not challenged the time entries. 

The court does not view this as a 1008 application under a different name.  Defendants’ argument is that no enhancement is now necessary because the Ketchum analysis has changed.  There has been a change, but the court does not change its view.  The likelihood of a recovery is now much greater than it was before trial, but it is not certain.  Defendant has raised a number of legal grounds at various times that the court assumes will go forward on appeal as well as issues in the new trial motion.  The court believes that the judgment is correct, but in a case like this, appellate review is anything but a foregone conclusion.  The court agrees that this is now the only Ketchum factor that warrants an enhancement.  But the court was aware of that at the last hearing.  In short, the court’s thinking has not changed.  The court will allow the additional fees as prayed. 

Plaintiff’s counsel now seeks fees in writing the final brief.  That brief was short and straightforward.  The court agrees fees are appropriate, but it declines to award the amount sought.  The court will award $10,000 for the final period, which it believes is appropriate, all things considered having reviewed plaintiff’s counsel’s submissions.

With that, the court believes that the matter is concluded at least in this court.  Plaintiff is to prepare the remaining orders consistent with the court’s various prior orders on fees, costs, and offsets to the extent not already done.  Plaintiff should provide the order to defendant’s counsel for approval as to form.  (The court will not award fees for that task.  All things must end, even litigation.)