Judge: Maurice A. Leiter, Case: 19STCV44546, Date: 2024-01-10 Tentative Ruling

Case Number: 19STCV44546    Hearing Date: January 10, 2024    Dept: 54

Hearing Date: January 10, 2024

Department 54, Judge Maurice A. Leiter

Motion for Attorney’s Fees

Moving Party: Plaintiff Richard Weise, M.D., individually and derivatively on behalf of Glendale Eye Medical Group

Responding Party: None

T/R:   PLAINTIFF’S MOTION FOR ATTORNEY’S FEES IS GRANTED.

PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers. No opposition has been received.

Plaintiff moves for an award of attorney’s fees under Penal Code § 496(c). Following a bench trial, the Court found in favor of Plaintiff and against Defendant on all causes of action, including that for violation of Penal Code § 496(a), which prohibits theft of property. Penal Code § 496(c) states, “any person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney's fees.”

Plaintiff requests $650,812.50 in attorney’s fees.  Plaintiff’s counsel, Alston & Bird LLP, represents that 914.3 hours at hourly rates of $325.00 to $1,075.00 were spent to prosecute this action. The Court finds these fees reasonable. This action lasted approximately four years and included motion work, discovery, and trial. Defendant has not opposed this motion to show why these fees should not be granted.

Plaintiff’s motion is GRANTED.