Judge: Monica Bachner, Case: BS172538, Date: 2023-01-31 Tentative Ruling

Case Number: BS172538    Hearing Date: January 31, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Specially Appearing Non-Party Los Angeles Apparel, Inc.’s motion for attorneys’ fees and costs is continued to February 27, 2023.

Specially Appearing Non-Party Morris Charney’s, as Trustee of the Montreal Family Trust, joinder in LAA’s motion for attorneys’ fees and costs is denied without prejudice as an improper joinder.

          Specially Appearing Non-Party Los Angeles Apparel, Inc. (“LAA”) (“Non-Party”) moves for an order awarding attorneys’ fees to be paid by Judgment Creditors P Standard General Ltd. (“P Standard”) and Standard General Master Fund, L.P. (“Standard General”) (collectively, “Judgment Creditors”).  (Notice of Motion, pg. 2; Civ. Code §1717.)  Specifically, LAA seeks attorneys’ fees in the amount of $992,155.00, as well as costs for bringing this motion.  (Notice of Motion, pg. 2.)  In opposition, Judgment Creditors argue LAA because the statute on which LAA relies is not applicable, California law does not govern this action, and LAA’s outsized request is unreasonable.  (Opposition, pg. 1.)

          Specially Appearing Non-Party Morris Charney, as Trustee of the Montreal Family Trust (“Morris as Trustee”) filed a joinder to LAA’s motion, moving for an order awarding attorneys’ fees to be paid by Judgment Creditors P Standard and Standard General.  (Notice of Joinder, pg. 2; Civ. Code §1717.)  Specifically, Morris as Trustee seeks attorneys’ fees in the amount of $1,028,815.12, as well as costs for bringing this motion.  (Notice of Joinder, pg. 2.)  As of the date of this hearing, Judgment Creditors have not filed an opposition to Morris as Trustee’s motion.

1. LAA’s Motion for Attorneys’ Fees

LAA’s motion for attorneys’ fees is continued to February 27, 2022. 

LAA is directed to file a supplemental declaration explaining how LAA’s Counsel’s rates are reasonable based on the skill, reputation, and experience of attorneys in the community and to further support of its hours as reasonable and not duplicative, to be filed by February 7, 2023.

Judgment Creditors are directed to file a supplemental brief by February 14, 2023 of no more than 5 pages addressing the dates and hours referred to on page 12 of their opposition that are duplicative., and any response to the supplemental declaration.  Judgment Creditors are directed to identify the specific hours referred to on page 13, and in Exhibits 16, 17, 18, and 19 of their opposition that support their assertion that LAA’s Counsel’s billing for ex parte applications was excessive and unreasonable.

LAA may file a response of no more than 5 pages to Judgment Creditors supplemental brief. Such response is to be filed by February 21, 2023.

1. Morris as Trustee’s Motion for Attorneys’ Fees

Morris as Trustee’s joinder to LAA’s Motion for Attorneys’ fees is improper and is denied without prejudice. (See Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2022) § 9:27:2 [“A joinder may not be in order if you have different facts or authorities, or if the relief sought by the moving patry would not, on its own terms, benefit your client”[emphasis added].)

Dated:  January _______, 2023

Hon. Monica Bachner

Judge of the Superior Court