Judge: Monica Bachner, Case: 20STCV25643, Date: 2023-03-13 Tentative Ruling

Department 71: Attorneys who elect to submit on these published tentative rulings, without making an appearance at the hearing, may so notify the Court by communicating this to the Department's staff at (213) 830-0771 before the set hearing time.  See, e.g., CRC Rule 324(b).   All parties are otherwise encouraged to appear by Court Call for all matters.

Case Number: 20STCV25643    Hearing Date: March 13, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff SAS Woodland Hills, LLC’s, unopposed motion for attorneys’ fees and costs is granted for attorneys’ fees in the reduced amount of $45,240.00 as well as costs and expenses in the amount of $4,249.55 for a total of $49,489.55.

            Plaintiff SAS Woodland Hills, LLC (“SAS”) (“Plaintiff”) moves unopposed for an order awarding attorneys’ fees and costs against Defendant Barbara Jones (“Jones”) (“Defendant”).  (Notice of Motion, pg. 1.)  Specifically, Plaintiff seeks attorneys’ fees in the total amount of $46,740.00 as well as costs and expenses in the amount of $4,249.55 for a total amount requested by this motion of $50,989.55.  (Notice of Motion, pg. 1.)

            Background

            On July 8, 2020, Plaintiff filed the instant action for breach of written contract, fraud, and common count against Defendant arising from Defendant’s alleged breach of a commercial lease (“Lease”) of Plaintiff’s real property at 21524 Ventura Boulevard, Woodland Hills, CA 91364 (“Property”).  The Lease includes a provision for attorneys’ fees. (Decl. of Klinkert ¶1, Exh. A ¶31.)

            Plaintiff filed a memorandum of costs on June 14, 2022. Plaintiff filed the instant motion on July 27, 2022.  As of the date of this hearing, Defendant has not filed an opposition. Plaintiff did not file a notice of non-opposition.

Attorneys’ Fees

Civil Code §1717 provides,

In any action on a contract, where the contract specifically provides that attorney’s fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs.

Where a contract provides for attorney’s fees, as set forth above, that provision shall be construed as applying to the entire contract, unless each party was represented by counsel in the negotiation and execution of the contract, and the fact of that representation is specified in the contract.

Reasonable attorney’s fees shall be fixed by the court, and shall be an element of the costs of suit.

Attorney’s fees provided for by this section shall not be subject to waiver by the parties to any contract which is entered into after the effective date of this section. Any provision in any such contract which provides for a waiver of attorney’s fees is void.

(Civ. Code §1717(a).)

Attorneys’ fees provided for by contract are an element of costs allowed to the prevailing party.  (C.C.P. §1033.5(a).)  C.C.P. §1033.5(a) provides, in part:

The following items are allowable as costs under Section 1032:

. . .

(10) Attorney’s fees, when authorized by any of the following:

(A) Contract.

(C.C.P. §1033.5.)  Fees allowed under this provision “shall be fixed either upon

a noticed motion or upon entry of a default judgment.”  (C.C.P. §1033.5(c)(5).)  Moreover, “[a]ttorneys’ fees awarded pursuant to Section 1717 of the Civil Code are allowable costs under Section 1032 of this code as authorized by subparagraph (A) of paragraph (10) of subdivision (a).”  (C.C.P. §1033.5(B).)

“In determining what constitutes a reasonable compensation for an attorney who has rendered services in connection with a legal proceeding, the court may and should consider ‘the nature of the litigation, its difficulty, the amount involved, the skill required and the skill employed in handling the litigation, the attention given, the success of the attorney’s efforts, his learning, his age, and his experience in the particular type of work demanded . . . ; the intricacies and importance of the litigation, the labor and necessity for skilled legal training and ability in trying the cause, and the time consumed.’”  (Church of Scientology v. Wollersheim (1996) 42 Cal.App.4th 628, 659.)

            Reasonableness of Hourly Rate

Plaintiff’s counsel declares his hourly rate, the hourly rate of Counsel Paul J. Gutierrez, and Counsel Kelly A. Neavel was $300.  (Decl. of Klinkert ¶3.)  Plaintiff’s counsel has sufficiently demonstrated his hourly rate is reasonable in his community of practice in his specialized area of law.  (Decl. of Klinkert ¶¶5-6.)  Based on the Court’s experience, Plaintiff’s counsel’s rate is reasonable.

Reasonableness of Hours for Actual Work Performed

Although detailed time records are not required, California Courts have expressed a preference for contemporaneous billing and an explanation of work. (Raining Data Corp. v. Barrenechea (2009) 175 Cal.App.4th 1363, 1375.) “Of course, the attorney’s testimony must be based on the attorney’s personal knowledge of the time spent and fees incurred.  (Evid. Code, § 702, subd. (a) [‘the testimony of a witness concerning a particular matter is inadmissible unless he has personal knowledge of the matter’].)  Still, precise calculations are not required; fair approximations based on personal knowledge will suffice.”  (Mardirossian & Associates, Inc. v. Ersoff (2007) 153 Cal.App.4th 257, 269.)

Plaintiff submitted documentation supporting the work performed by Plaintiff’s counsel for what Plaintiff’s counsel for $46,740, however, as there was no opposition, the Court declines to award anticipated fees of $1,500. (Decl. of Klinkert ¶7, Exh. B.) 

            Costs

            Plaintiff submitted a memorandum of costs on June 14, 2022.  Plaintiff’s is entitled to costs and expenses necessarily incurred and included in the submitted memorandum of costs.

            Conclusion

Plaintiff SAS Woodland Hills, LLC’s, unopposed motion for attorneys’ fees in the reduced total amount of $45,240.00 as well as costs and expenses in the amount of $4,249.55 for a total of $49,489.55.

Dated:  March _______, 2023

Hon. Monica Bachner

Judge of the Superior Court