Judge: Matthew C. Braner, Case: 37-2023-00018991-CU-BC-CTL, Date: 2023-12-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - November 30, 2023

12/01/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2023-00018991-CU-BC-CTL RUIZ VS AM PM VN LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants AM PM VN, LLC and Adel Somo's motion to determine prevailing party and award attorney fees is CONTINUED to December 15, 2023 at 9:00 a.m. in this department.

As of November 30, 2023, Plaintiff David Ruiz has not filed an opposition to Defendants' motion.

Pursuant to this court's local rules, this failure to respond will be regarded as a concession that Defendants' motion has merit. (See San Diego Superior Court Local Rule 2.1.19, subd. (B).) Having read the moving papers, the court agrees with Defendants they are the prevailing party due to the court's dismissal of Plaintiff David Ruiz's complaint on September 19, 2023. (ROA #50; Code Civ.

Proc., § 1032, subd. (a)(4) [''Prevailing party' includes . . . a defendant in whose favor a dismissal is entered . . . .'].) The court also agrees that Defendants are the prevailing party in an 'action on a contract' within the meaning of Civil Code section 1717, as Plaintiff's complaint was primarily founded on a written lease agreement that contains a provision for attorney fees and costs to the prevailing party.

(Complaint, Ex. A, ¶ 31.) As such, Defendants may seek reasonable attorney fees and costs as the prevailing party.

However, the court is unable to fully assess the reasonableness of the fees and costs requested by Defendants. While the court agrees that the proposed rates are reasonable ($400/hour for attorney Kiamilev and $325/hour for attorneys Payne and Ferguson), Defendants have failed to sufficiently allocate and describe the hours worked by each attorney. Particularly in light of Plaintiff's self-represented status (ROA #60), the court requires more information from Defendants before it can rule on their motion.

As such, Defendants are directed to submit supplemental documentation that specifically sets forth the work done by each attorney and the hours attributable to that work. Defendants have until December 8, 2023 to submit this documentation and serve it on Plaintiff.

Calendar No.: Event ID:  TENTATIVE RULINGS

3018362  13