Judge: Mel Red Recana, Case: 21STCV24386, Date: 2024-03-28 Tentative Ruling
All rulings shown here are TENTATIVE ONLY, and thus oral argument WILL be heard. All Counsel are still required to attend.
Case Number: 21STCV24386 Hearing Date: March 28, 2024 Dept: 45
Hearing
date: March 28, 2024
Moving
Party: Plaintiffs Sophie Goodis and
Natalie Goodis
Responding
Party: None
Motion
for Attorneys’ Fees
The Court
considered the moving papers.
The
motion is GRANTED in the amount of $129,341.25.
Background
On
July 1, 2021, Plaintiffs Sophie Goodis and Natalie Goodis (“Plaintiffs”) filed
the operative Complaint against Defendant Eric Mizrahi, individually and as
trustee of the Brigitte Mizrahi 2019 Irrevocable Life Insurance Trust (“Defendant
Mizrahi”); and DOES 1-25, for (1) Breach of Fiduciary Duty; (2) Conversion; (3)
Money Had and Received; (4) Unjust Enrichment; and (5) Accounting.
On
October 23, 2023, this Court granted Plaintiffs’ Motion for Summary Judgment.
On December 28, 2023, this Court entered judgment in favor of Plaintiffs
against Defendant Mizrahi and awarded Plaintiffs: $112,876.93 in damages and $225,753.86
in double damages under Probate Code Section 859 plus $44,438.08 in prejudgment
interest for a total award of $270,191.94.
On
November 15, 2023, Plaintiffs’ filed this instant Motion for Attorneys’ Fees.
The opposition was due on March 15, 2024. As of March 25, 2024, no opposition
has been filed.
Legal
Standard
Pursuant
to Probate Code Section 859, “except as otherwise required by law, including
Section 15657.5 of the Welfare and Institutions Code,” the person who has in
bad faith wrongfully taken, concealed, or disposed of property belonging to a
conservatee, a minor, an elder, a dependent adult, a trust, or the estate of a
decedent, or has taken, concealed, or disposed of the property by using undue
influence or commission of financial abuse, “may in the court’s discretion, be
liable for reasonable attorney’s fees and costs. The remedies provided in this
section shall be in addition to any other remedies available in law to a person
authorized to bring an action pursuant to this part.” (Prob. Code § 859.)
Discussion
Plaintiffs move for an award of $136,091.25
in attorneys’ fees incurred by Plaintiffs in this case. Plaintiffs argue that
California Probate Code Section 859 entitled them to attorneys’ fees. Specifically,
Plaintiffs argue this Court determined in its Summary Judgment ruling that
Defendant acted in bad faith by wrongfully taking or disposing of property belonging
to the Trust. Plaintiffs further contend this Court determined they made a
prima facie showing that they are entitled to relief under Probate Code Section
859. Moreover, Plaintiffs assert they incurred unnecessary attorneys’ fees
solely because of Defendant’s bad faith actions. Plaintiffs contend Defendant
breached his duty as Trustee by not acting in accordance with Plaintiffs’
mother’s Trust but actively took the Trust’s funds for personal gain
immediately after receiving access to them. Plaintiffs also contend but for
Defendant’s conduct they would not have been forced to filed this lawsuit and
incur significant attorneys’ fees in pursuing their claims for over two years.
As such, Plaintiffs assert they have incurred $129,341.25 in attorneys’ fees
and estimate an additional $6,750.00 in fees to prosecute this Motion. (Ibrahim
Decl., ¶ 6; Ex. F.)
The Court finds that Plaintiffs are
entitled to attorneys’ fees as a matter of law. Furthermore, Plaintiffs’ have
provided evidence of the qualifications, hourly rates, and amount of time
expended by its litigation team in securing judgment in their favor in this
matter. However, the Court notes that this Motion is unopposed and was not
complex in nature. Thus, the Court will impose $129,341.25 excluding the
additional $6,750.00 in fees requested by Plaintiffs.
Therefore,
the motion for attorneys’ fees is GRANTED in the amount of $129,341.25.
It
is so ordered.
Dated: March 28, 2024
_______________________
ROLF M. TREU
Judge of the
Superior Court