Judge: Melvin D. Sandvig, Case: 24CHCV00404, Date: 2025-04-02 Tentative Ruling

Case Number: 24CHCV00404    Hearing Date: April 2, 2025    Dept: F47

Dept. F47

Date: 4/2/25

Case #24CHCV00404

MOTION FOR ATTORNEY FEES & INTEREST

Motion filed on 12/20/24.

MOVING PARTY: Plaintiff Minaskanian Properties, LLC

RESPONDING PARTY: Defendants Marlo Richardson, Takela Corbitt, Tremendo, LLC, Edward Long, Brandon Watson, Greenwood & Company Management, LLC and Greenhouse Trees

NOTICE: ok

RELIEF REQUESTED: An order awarding Plaintiff Minaskanian Properties, LLC attorney fees and interest in the total amount of $49,886.07 against Defendants Marlo Richardson, Takela Corbitt, Tremendo, LLC, Edward Long, Brandon Watson, Greenwood & Company Management, LLC and Greenhouse Trees, jointly and severally.

RULING: The motion is granted as set forth below. 

SUMMARY OF FACTS & PROCEDURAL HISTORY

On 2/8/24, Plaintiff Minaskanian Properties, LLC (Plaintiff) filed this unlawful detainer action against Defendants Marlo Richardson, Takela Corbitt, Tremendo, LLC, Edward Long, Brandon Watson, Greenwood & Company Management, LLC and Greenhouse Trees (collectively, Defendants). 

On 11/5/24, after a court trial, judgment was entered in favor of Plaintiff and against Defendants for past due rent in the amount of $48,879.00 from August 2023 through November 2023, holdover damages of $49,020.00 from November 2023 through May 2024 and damages of $96,081.00 for a total of $193,980.00, jointly and severally.  (See 11/5/24 Judgment; 10/16/24 Minute Order). 

On 12/20/24, Plaintiff filed and served the instant motion seeking an order awarding Plaintiff  attorney fees and interest in the total amount of $49,886.07 against Defendants, jointly and severally.  No opposition or other response to the motion has been filed. 

ANALYSIS

Based on the judgment entered in favor of Plaintiffs and against Defendants, Plaintiff is the prevailing party in this action.  Pursuant to the terms of the lease agreement relied on at trial, the prevailing party in an action brought by a party to the lease agreement or any broker involving the premises is entitled to recover reasonable attorney’s fees.  (See Ex.B, p.14, ¶31; 10/15/24 Minute Order).

Plaintiff reasonably incurred $25,975.07 in attorney’s fees related to the prosecution of this case and the instant motion.  (See Jamgotchian Decl., Ex.A).  The Court has deducted $1,280.00 from the amount of attorney’s fees requested because Plaintiff’s attorney did not incur the 3.2 hours expected to review an opposition and prepare a reply (3.2 hours multiplied by $400/hour).  (See Jamgotchian Decl. ¶¶6-7). 

Interest may be awarded when the amount is certain and past due.  Civil Code 3287(a).  Here, the damages owed to Plaintiff were certain and consisted of past due rent, holdover damages and damages caused to the subject premises necessitating repairs.  As such, Plaintiff seeks interest on the damage award in the amount of $22,631.00.  (Jamgotchian Decl. ¶¶8-9).

CONCLUSION

The motion is granted.  Plaintiff is awarded $25,975.07 in attorney’s fees as the prevailing party in this action.  Plaintiff is awarded $22,631.00 in interest.