Judge: Melissa R. Mccormick, Case: "Alliance Funding Group v. Gill's Printing & Business Forms, Inc.", Date: 2022-11-03 Tentative Ruling

Plaintiff Alliance Funding Group’s Motion for Attorneys’ Fees

Plaintiff Alliance Funding Group moves pursuant to Civil Procedure Code section 1033.5(a)(10)(A) and (c)(5)(B) for an award of attorneys’ fees against defendant Gill’s Printing & Business Forms, Inc.  Defendant did not file an opposition.  For the following reasons, plaintiff’s motion for an award of attorneys’ fees in the amount $8,841.00 is granted.

The court granted plaintiff’s motion for summary judgment on June 16, 2022.  See 6/16/22 Order & 6/27/22 Judgment.  The contract on which plaintiff sued contains an attorneys’ fees provision.  See Beyer Decl. Ex. A (¶ 13).  Civil Procedure Code section 1033.5(a)(10)(A) states that attorneys’ fees authorized by contract are recoverable as costs under section 1032. 

The court has reviewed plaintiff’s counsel invoice (Beyer Decl. ¶ 3 & Ex. B) and finds the attorneys’ fees reasonable in amount.  See Civ. Proc. Code § 1033.5(c)(3).  Plaintiff’s motion for an award of attorneys’ fees in the amount of $8,841.00 is granted.  (The court notes that plaintiff’s reference to “Ascentium” in its motion and counsel’s declaration appears to be a typographical error.)

In its brief plaintiff also seeks an award of “court costs” in the amount $1,375.55.  Plaintiff did not include a request for an award of “court costs” in its notice of motion.  Plaintiff also did not file a costs memorandum and has not otherwise itemized or substantiated any “court costs.”  Plaintiff’s request for an award of “court costs” is denied.

Plaintiff to give notice.