Judge: Matthew C. Braner, Case: 37-2022-00003237-CU-MC-CTL, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 02, 2023

11/03/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Misc Complaints - Other Motion Hearing (Civil) 37-2022-00003237-CU-MC-CTL LI VS LUO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants Dong Luo, Han Yu, Chao Yu and Li Chen's motion for attorney's fees is GRANTED in part.

Defendants bring their motion under Code of Civil Procedure section 473, subdivision (c)(1)(C) and pursuant to this court's July 14, 2023 order, wherein the court permitted Defendants to seek attorneys' fees and costs incurred from October 6, 2022 to March 27, 2023. Defendants now seek $52,086.78 in fees and costs.

Plaintiff Deli Li concedes that Defendants are owed fees and costs, but disputes certain categories set forth in Defendants' motion. After reviewing the billing entries submitted by Defendants' counsel, the court believes the rates used ($350/hour) and the hours expended (111.25) are generally reasonable.

The court is not inclined to strike expert-related costs and attorney hours, but will strike hours related to traveling to San Diego. These travel-related hours total 8.3, and amount to $2,905 in fees. As such, Defendants are awarded $47,968.61 in attorneys' fees and costs incurred during the period of October 6, 2022, to March 27, 2023. This fee award will be joint and several against Plaintiff and his former counsel, Zheng 'Andy' Liu.

The court agrees with Plaintiff that including the previously awarded discovery sanction (ROA #136) would amount to double billing hours, as that sanction was measured by the attorneys' fees incurred to bring the motion to compel. Plaintiff does not dispute he has failed to pay the sanction. To avoid a future dispute on this issue, the court will allow Defendants to include all hours expended in the time frame ordered by the court, including with respect to that motion to compel, but will vacate that portion of the January 13, 2023 order that awarded sanctions.

The court denies Plaintiff's request to make the fee award effective upon entry of judgment. Instead, the fee award will become effective on January 1, 2024.

Accordingly, Defendants' motion is granted. Defendants are awarded $47,968.61 in fees and costs, effective January 1, 2024.

The minute order is the order of the court.

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