Judge: Michael Shultz, Case: 21CMUD00389, Date: 2023-08-14 Tentative Ruling

INSTRUCTIONS: If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must:

1. Contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling.

2. No later than 4:00 p.m. on the court day before the hearing, call the Courtroom (310-761-4302) advising that all parties will submit on the tentative ruling and waive hearing; and

3. Serve notice of the Court's ruling on all parties entitled to receive service.

If this procedure is followed, when the case is called the Court will enter its ruling on the motion in accordance with its tentative ruling. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing. If there is neither a telephone call nor an appearance, then the matter may either be taken off calendar or ruled on. 

TENTATIVE RULINGS -- http://www.lacourt.org/tentativeRulingNet/ui/main.aspx?casetype=civil

Case Number: 21CMUD00389    Hearing Date: August 14, 2023    Dept: A

21CMUD00389 Man Jenny Chung v. Joenelle Moszell Gaters

Monday, August 14, 2023 at 8:30 a.m.

[TENTATIVE] ORDER DENYING DEFENDANT’S MOTION TO ENFORCE ATTORNEY’S FEES

      This unlawful detainer action arises from a seven-day notice to quit residential real property resulting from Defendant’s breach of the lease agreement.    The Court’s file reflects that after a court trial on December 17, 2021, the Hon. Thomas D. Long entered judgment in favor of Defendant. On March 1, 2022, Judge Long granted Defendant’s motion for attorney’s fees and awarded $7,420.00.

      Defendant moves to enforce the Court’s order and require Defendant to pay attorney’s fees and added interest and costs associated with enforcement proceedings. Defendant also requests imposition of sanctions against Plaintiff for failing to comply with the Court’s order. Defendant relies on Civil Code section 1717 which permits an award of attorney’s fees to the prevailing party; it does not provide for an enforcement mechanism.

      Where a party is awarded attorney fees pursuant to contract after judgment is entered, the correct procedure is amend the judgment to include the amount of the award. (Kirk v. Culley (1927) 202 Cal. 501, 510 [judgment is properly modified to support an award of attorney’s fees.].) Thereafter, the judgment creditor may seek enforcement of judgment pursuant to Code of Civil Procedure § 681.010, et seq.

      Defendant attempted to amend the judgment to include the fee award.  Defendant’s filing was mistakenly rejected on May 16, 2022.  Accordingly, the Court strikes the notice of rejection on May 16, 2022, and signs the amended judgment submitted May 13, 2022, which properly includes the attorney’s fees award.