Judge: Michael P. Linfield, Case: 21STCV29064, Date: 2023-02-23 Tentative Ruling
Case Number: 21STCV29064 Hearing Date: February 23, 2023 Dept: 34
SUBJECT: Motion for Attorney’s Fees
Moving Party: Plaintiff Eric Young
Resp. Party: Defendant
Precious Young
Plaintiff’s Motion for Attorney’s Fees is GRANTED. Attorney’s
fees are AWARDED for Plaintiff Eric Young and against Defendant Precious Young
in the amount of $44,625.00.
BACKGROUND:
On December 22, 2021,
the Court sustained Defendant’s Demurrer as to the fourth cause of action for
constructive trust.
On December 29, 2021,
Defendant/Cross-Complainant Precious Young filed her Verified Cross Complaint
against Plaintiffs/Cross-Defendants Eric Young and Paula Young.
On December 6, 2022,
the Jury found the following after Trial: (1) that Plaintiff Eric Young proved
his claim against Defendant Precious Young for elder abuse, awarding damages of
$0.00; (2) that Cross-Complainant Precious Young did not prove her claim
against Cross-Defendant Eric Young for fraud; and (3) that there was clear and
convincing evidence that Defendant/Cross-Complainant Precious Young acted with
malice, oppression, or fraud. Pursuant to his oral request, the Court dismissed
Plaintiff Eric Young’s claim for punitive damages.
On January 13, 2023,
Plaintiffs filed their Motion for Attorney’s Fees.
On February 9, 2023,
Defendant filed her Opposition.
On February 17, 2023,
Plaintiffs filed their Reply.
ANALYSIS:
I.
Legal
Standard
“Except as
otherwise expressly provided by statute, a prevailing party is entitled as a
matter of right to recover costs in any action or proceeding.” (Code Civ.
Proc., § 1032, subd. (b).)¿¿
“‘Prevailing
party’ includes the party with a net monetary recovery, a defendant in whose
favor a dismissal is entered, a defendant where neither plaintiff nor defendant
obtains any relief, and a defendant as against those plaintiffs who do not
recover any relief against that defendant. If any party recovers other than
monetary relief and in situations other than as specified, the ‘prevailing
party’ shall be as determined by the court, and under those circumstances, the
court, in its discretion, may allow costs or not and, if allowed, may apportion
costs between the parties on the same or adverse sides pursuant to rules
adopted under Section 1034.” (Code Civ. Proc., § 1032, subd. (a)(4).)¿¿
Attorneys’ fees
are allowed as costs when authorized by contract, statute, or law. (Code Civ.
Proc, § 1033.5, subd. (a)(10)(B).)¿¿¿
“Where
it is proven by clear and convincing evidence that a defendant is liable for
physical abuse as defined in Section 15610.63, neglect as defined in Section
15610.57, or abandonment as defined in Section 15610.05, and that the defendant
has been guilty of recklessness, oppression, fraud, or malice in the commission
of this abuse, the following shall apply, in addition to all other remedies
otherwise provided by law:
“(a) The
court shall award to the plaintiff reasonable attorney’s fees and costs. The
term “costs” includes, but is not limited to, reasonable fees for the services
of a conservator, if any, devoted to the litigation of a claim brought under
this article.”
(Welf. & Inst. Code, § 15657, subd. (a).)
II.
Discussion
Plaintiff Eric Young moves the Court to award him $45,843.50
in attorney’s fees. (Motion, p. 9:10–11.) Plaintiff argues that he is entitled
to his reasonable attorney’s fees expended in prosecuting his claims for
financial elder abuse. (Id. at p. 6:21–23.)
Defendant opposes the Motion, arguing that the Court should
deny the Motion or reduce any award because of the excessive time spent and the
hourly rate charged. (Opposition, pp. 2:14–15.) Defendant claims many of the
hours could have been done by staff and points to the demurrer and motion for
summary judgment hearings as areas where excessive fees have been charged. (Id.
at pp. 3–5.)
In his Reply, Plaintiff argues that the attorney’s fees
charged are reasonable, that almost all of the pretrial fees were to oppose
Defendant’s frivolous actions and tactics, and that Defendant and Defense
Counsel had been repeatedly warned about the cause of action for elder abuse.
(Reply, pp. 2:1–2, 3:1–2, 4:1–2.)
There is no question that Plaintiff is the prevailing party. The jury found that Defendant Precious Young
was liable for elder abuse. During the
court trial on the quiet title cause of action, the Court quieted title with
Plaintiff and found that Defendant Precious Young acted out of pure greed. The Court also found it telling that, despite
the fact that his daughter tried to take his house, Plaintiff Eric Young did
not pursue his claim for punitive damages against Precious Young, and in fact
stated that he wished his house to go to both his daughter, Precious Young, and
his son upon his death.
Pursuant to Welfare and Institutions Code section 15657,
subdivision (a), Plaintiff is entitled to attorney’s fees and costs.
The Court finds that Plaintiff’s Counsel’s hourly rate of
$425.00 per hour is reasonable. However, the Court agrees with Defendant that
some of the 129.5 hours claimed appear to be excessive. The Court will award
attorney’s fees for 105 hours at a rate of $425.00 per hour.
The Court GRANTS Plaintiff’s Motion for Attorney’s Fees. The
Court awards attorney’s fees for Plaintiff Eric Young and against Defendant
Precious Young in the amount of $44,625.00.
III. Conclusion
Plaintiff’s Motion for Attorney’s Fees is GRANTED. Attorney’s
fees are AWARDED for Plaintiff Eric Young and against Defendant Precious Young
in the amount of $44,625.00.