Judge: Maurice A. Leiter, Case: 21STCV37781, Date: 2023-09-08 Tentative Ruling

Case Number: 21STCV37781    Hearing Date: January 19, 2024    Dept: 54

Hearing Date: January 19, 2024

Department 54, Judge Maurice A. Leiter

Motion for Attorney’s Fees

Moving Party: Plaintiff Heather Reitman

Responding Party: Defendants Wild Card Media, LLC and 3AM Creative Group, LLC

T/R:     PLAINTIFF’S MOTION FOR ATTORNEY’S FEES AND COSTS 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, opposition, and reply.

BACKGROUND

This is an employment action. On October 12, 2021, Plaintiff Heather Reitman filed a complaint against Defendants Wild Card Media, LLC and 3AM Creative Group, LLC, asserting causes of action for disability discrimination and Labor Code violations.

On May 31, 2022, the Court granted Defendants’ motion to compel arbitration. On September 8, 2023, the Court vacated arbitration on the ground that Defendants failed to timely pay arbitration fees per CCP § 1281.98.

ANALYSIS

CCP § 1281.98(c) allows a party to recover attorney’s fees associated with an abandoned arbitration proceeding after a successful motion to vacate under Section 1281.98(a).

Plaintiff moves for attorney’s fees in the amount of $78,000.00 and costs of $1,916.90. Plaintiff’s counsel, Benjamin Davidson, declares that 151 hours, plus 5 hours to reply and attend the hearing on this motion, at $500.00 per hour were spent on the abandoned arbitration proceeding.

In opposition, Defendants assert counsel’s hours are improperly block billed, inflated, and include work related to general litigation. The Court does not take issue with the manner of billing or the number of hours billed. Similarly, the Court finds the hours requested were incurred “in association” with the arbitration. Plaintiff seeks fees that were incurred challenging the arbitration proceeding and participating in it. Plaintiff does not seek fees for litigation activity that occurred before Defendants moved to compel arbitration.

Plaintiffs’ motion is GRANTED in full.