Judge: Melissa R. Mccormick, Case: Fernhill Owners Community Association No. 1 v. Garra, Date: 2022-09-29 Tentative Ruling

Plaintiff Fernhill Owners Community Association No. 1’s Motion for Attorneys’ Fees and Costs

Plaintiff Fernhill Owners Community Association No. 1 moves for an award of attorneys’ fees and costs.  Defendant Terese Helene Garra, individually and as trustee of the Terese Helene Garra Trust (5/24/19), did not file an opposition.  For the following reasons, plaintiff’s motion is granted.

Plaintiff filed suit seeking, inter alia, an injunction requiring defendant to cease using her property for purposes other than single-family dwelling.  While this lawsuit was pending, defendant complied and ceased using her property for other than single-family dwelling purposes.  Plaintiff thereafter voluntarily dismissed its complaint.

In determining the prevailing party under the Davis-Stirling Act, the trial court should compare the relief awarded on the claim or claims with the parties’ demands on those same claims and their litigation objectives as disclosed by the pleadings, trial briefs, opening statements, and similar sources.  Champir, LLC v. Fairbanks Ranch Association (2021) 66 Cal.App.5th 583, 592.  The prevailing party determination is made by comparing the extent to which each party has succeeded and failed to succeed in its contentions.  Id.

Plaintiff achieved its primary litigation objective, i.e., compelling defendant to stop using her property for other than single-family dwelling purposes.  Having achieved its objective, plaintiff voluntarily dismissed its complaint.  See Champir, 66 Cal.App.5th at 595 (“It is a reasonable conclusion, from the litigation history, that Plaintiffs voluntarily dismissed the action because the Association's capitulation after issuance of the preliminary injunction had mooted their action.”).  Plaintiff is the prevailing party and is entitled to an award of reasonable attorneys’ fees and costs.  Cal. Civ. Code § 5975(c).

Defendant did not oppose plaintiff’s motion and has not challenged any of plaintiff’s specific attorneys’ fees and costs.  The court has reviewed plaintiff’s counsel’s declaration and invoice (Speights Decl. ¶¶ 17, 18 & 19 & Ex. AA) and plaintiff’s costs memorandum (Speights Decl. ¶¶ 17, 18 & 19 & Ex. BB), and finds the hourly rates, fees, and costs reasonable given the length of the litigation, the motion practice, and the other case proceedings.  Plaintiff is awarded $107,508.50 in attorneys’ fees and $10,748.48 in costs. 

Defendant Terese Helene Garra, individually and as trustee of the Terese Helene Garra Trust (5/24/19), shall pay plaintiff Fernhill Owners Community Association No. 1 $118,256.98 ($107,508.50 + $10,748.48) by October 27, 2022.

Plaintiff’s request for judicial notice of Exhibits A and B is denied.  It is not necessary to seek judicial notice of documents in the court file for this case.  Plaintiff’s request for judicial notice of exhibits C, D, E, F and G is granted.

Plaintiff to give notice.