Judge: Mark H. Epstein, Case: 21SMCV01940, Date: 2023-02-03 Tentative Ruling

Case Number: 21SMCV01940    Hearing Date: February 3, 2023    Dept: R

The unopposed motion for attorneys’ fees is GRANTED IN PART conditioned on a representation that the fees sought have been billed and paid without discount and subject to a reduction of $2840.  While the fees seem to be on the high end of reasonable, they appear to be justified.  The court understands that at least some of the work was done by a more seasoned attorney than might sometimes be the case, but in the court’s experience that can result in fewer hours albeit at a higher hourly rate.  It also allowed fewer attorneys to be involved in the case, which in turn increases efficiency.  The total hours billed were under 25, which the court cannot say is unreasonable.  When that is coupled with the court’s presumption that clients are not in the habit of paying unreasonable bills, and assuming that the client paid the bills here without discount or offset, that is sufficient to justify the amount sought except for $2840.  Those fees pertain to informal attempts to resolve the matter—work done before drafting the complaint or any work the court can find relating to the complaint.  Civil Code section 5975 allows recovery of fees “in an action to enforce the governing documents.”  The court does not believe that those hours fall within the statutory scheme.  Further, the redactions as to those hours are pretty significant, making it impossible for the court to determine with sufficient comfort that the fees are within the statute.

Thus, the request is GRANTED in the amount of $14,557.50.