Judge: Michael T. Smyth, Case: 37-2020-00003698-CU-OR-CTL, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 18, 2024

04/19/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael T. Smyth

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2020-00003698-CU-OR-CTL INDUSTRIAL COURT BUILDING LLC VS MLR HOLDINGS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Attorney Fees, 09/05/2023

Plaintiff Industrial Court Building, LLC's unopposed Motion for Attorneys' Fees is GRANTED in the requested amount of $98,265.00.

Under Civil Code section 1717, a party that prevails in an action on a contract with a valid attorneys' fees provision is entitled to their reasonable fees. (See also Code Civ. Proc., § 1033.5(a)(10)(A).) A trial court has no discretion to deny a fee award to a prevailing party in such a case. (Hsu v. Abbara (1995) 9 Cal.4th 863, 875-876.) In awarding fees, the court must proceed with a lodestar analysis based on the reasonable time spent and reasonable hourly compensation for each attorney involved in the case. (Press v. Lucky Stores, Inc.

(1983) 34 Cal.3d 311, 322.) 'The magnitude of what constitutes a reasonable award of attorney fees is [] a matter committed to the discretion of the trial court.' (Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 263; see also PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1094-1095 [trial courts have broad discretion to determine the amount of reasonable fees].) Here, Plaintiff was unequivocally the prevailing party, succeeding both in a motion for summary adjudication (ROA 85) and motion for summary judgment (ROA 178). Plaintiff has provided evidence that it incurred $98,265.00 litigating this action. The amount is comprised of 256.76 hours of attorney time at a blended rate of $382.71 per hour. The court has reviewed the billing records and finds the amount of time billed for the tasks reasonable. Consistent with its experience in such matters, the court also finds the blended rate to be reasonable for the work performed and experience of Plaintiff's counsel.

(See PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1094-1095 [trial courts have broad discretion to determine the amount of reasonable fees].) Defendant has not opposed the motion and therefore conceded its merits.

The motion is granted.

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