Judge Melvin D. Sandvig, Case PC055790 2022-09-15 Tentative Ruling

Judge: Melvin D. Sandvig, Case: PC055790, Date: 2022-09-15 Tentative Ruling

Case Number: PC055790 Hearing Date: September 15, 2022 Dept: F47

Dept. F47

Date: 9/15/22

Case #PC055790

MOTION FOR ATTORNEYS’ FEES

Motion filed on 5/19/22.

MOVING PARTY: Defendant/Cross-Complainant Indian Springs Homeowners Association

RESPONDING PARTY: Plaintiffs Ranch at the Falls LLC and April Hart

NOTICE: ok

RELIEF REQUESTED: An order awarding Defendant/Cross-Complainant Indian Springs Homeowners Association attorneys’ fees in the amount of $43,220.50 jointly and severally against Plaintiffs Ranch at the Falls LLC and April Hart.

RULING: The motion is granted.

This quiet title action arose out of the historical use by Plaintiffs/Cross-Defendants Ranch at the Falls LLC and April Hart (hereafter referred to as Plaintiffs) and their future need of access, ingress and egress to their property and the use of streets over and through the Indian Springs and Indian Oaks communities and the Lenope Property.

After a bench trial, on 5/10/17, the Court entered judgment against all defendants and cross-complainants, including Indian Springs. On 5/22/17, the Court awarded Plaintiffs attorney fees of $199,459.00. On 7/31/19, the Court of Appeal reversed with directions to the Court to enter judgment in favor of defendants. On 11/19/19, the Court of Appeal issued Remittitur confirming its 7/31/19 opinion. The Court of Appeal awarded Defendant/Cross-Complainant Indian Springs Homeowners Association (Indian Springs) costs on appeal and did not preclude Indian Springs from filing a motion to recover attorney fees pursuant to contract upon remand.

On 10/26/20, this Court granted Indian Springs’ Motion for Attorneys’ Fees awarding Indian Springs $731,682.08 in attorneys’ fees and $111,540.01 in costs. Plaintiffs appealed the award. The Court of Appeal affirmed the award and awarded Indian Springs costs on appeal.

On 5/19/22, Indian Springs filed the instant motion seeking an order awarding Defendant/Cross-Complainant Indian Springs Homeowners Association attorneys’ fees in the amount of $43,220.50 jointly and severally against Plaintiffs Ranch at the Falls LLC and April Hart. Plaintiffs have opposed the motion only as to the amount of attorneys’ fees requested.

Under the doctrine of “law of the case,” any principle or rule of law stated in an appellate court opinion that is “necessary” to the court’s decision must be followed in all subsequent proceedings in the action, whether in the trial court or on a later appeal. Leider (2017) 2 C5th 1121, 1127; Sargon Enterprises, Inc. (2013) 215 CA4th 1495, 1505-1506; Santa Clarita Organization for Planning the Environment (2007) 157 CA4th 149, 156. Based on the law of the case in this action, Plaintiffs are precluded from arguing that Indian Springs is not entitled to an award of attorneys’ fees. As noted above, Plaintiffs do not dispute Indian Springs’ entitlement to attorneys’ fees; however, Plaintiffs claim that the fees requested are excessive.

In determining an attorney fee award, the Court begins with the lodestar which is calculated by multiplying the number of hours spent by a reasonable hourly rate. See Serrano (1977) 20 C3d 25, 48; Press (1983) 34 C3d 311, 322; PLCM Group, Inc. (2000) 22 C4th 1084, 1097. The Court may also take other factors into consideration to determine a reasonable fee award (i.e., the nature of the litigation, its difficulty, the skill required and success of the attorney’s efforts; his or her learning, age, and experience in the type of work demanded; the intricacies and importance of the litigation; the labor and necessity of skilled legal training and ability in trying the cause and the time consumed). See Church of Scientology (1996) 42 CA4th 628, 659 (disapproved on other grounds in Equilon Enterprises (2002) 29 C4th 53, 68 n. 5).

The Court finds that the number of hours spent by attorney Tara Radley at the hourly rates of $365-$380 and the number of hours spent by attorney Nicholas A. Rogers and staff at the hourly rates of $95-$235 are reasonable. (See Radley Decl. ¶¶6-14, Ex.A; Rogers Decl. ¶¶8-15, Ex.A; Rogers Reply Decl.).

Contrary to Plaintiffs’ assertion, the Court does not find that the fees of attorney Radley are duplicative of the work performed by attorney Rogers. Indian Springs’ defense counsel was appointed by an insurer to defend Indian Springs against Plaintiffs’ claims, not to prosecute Indian Springs’ cross-complaint. (Rogers Reply Decl. ¶¶3, 8). As such, the services of attorney Radley were necessary to fully prepare for and defend against Plaintiffs’ latest appeal. The Court finds that counsel for Indian Springs as Defendant and Cross-Complainant coordinated their efforts to minimize any duplicative work. (See Radley Decl.; Rogers Decl.; Rogers Reply Decl.). Plaintiffs point to one billing entry which they claim is evidence of “discrepancies with respect to billing records” wherein attorney Radley charged 1.0 hour for a call with attorney Rogers who charged for .30 hours for the same call. (See Gooch Decl. ¶2). Such a “discrepancy” could be because attorney Radley had to prepare for the call and such time was included in the charge. Plaintiffs have failed to show any discrepancies which would warrant the denial of all fees charged by attorney Radley as requested in the opposition.

As such, the Court awards Indian Springs $12,876.00 for the fees of attorney Radley incurred by and/or on behalf of Cross-Complainant Indian Springs. (See Radley Decl. ¶¶9, 13 Ex.A). Additionally, the Court awards Indian Springs $30,334.50 for fees of attorney Rogers and staff incurred by and/or on behalf of Defendant Indian Springs. (See Rogers Decl. ¶¶10, 14, 15, Ex.A; Rogers Reply Decl.).