Judge: Olivia Rosales, Case: VC066039, Date: 2022-12-13 Tentative Ruling

Case Number: VC066039    Hearing Date: December 13, 2022    Dept: SEC

MORGA v. RODRIGUEZ

CASE NO.:  VC066039

HEARING: 12/13/22 @ 9:30 AM

#1

TENTATIVE RULING

Defendant Rodriguez’s unopposed motion for attorney’s fees and costs is GRANTED in part.  Rodriguez is entitled to recover $10,893.52 in attorney’s fees and costs.

Moving Party to give NOTICE.

Defendant Rodriguez moves for attorney’s fees and costs pursuant to CCP § 874.010, which provides:

The costs of partition include:

(a)  Reasonable attorney’s fees incurred or paid by a party for the common benefit.

(b)  The fee and expenses of the referee.

(c)  The compensation provided by contract for services of a surveyor or other person employed by the referee in the action.

(d)  The reasonable costs of a title report procured pursuant to Section 872.220 with interest thereon at the legal rate from the time of payment or, if paid before commencement of the action, from the time of commencement of the action.

(e)  Other disbursements or expenses determined by the court to have been incurred or paid for the common benefit.

Attorneys fees are recoverable when obtaining and enforcing a partition judgment, even when the partition is contested. (Capuccio v. Caire (1932) 215 Cal. 518, 524-526)

Partition costs, including attorney's fees, were to be equitably distributed to parties who incurred them for the common benefit. These costs were to be awarded in proportion to the litigant's property interest.  (Stutz v. Davis (1981) 122 Cal.App.3d 1, 4.)

Rodriguez obtained a partition of the real property at 12032 South Circle Drive in Whittier.  On August 12, 2020, the Court entered an Interlocutory Judgment, quieting title in the Whittier Property at 50% to Morga and 50% to Rodriguez.  

Rodriguez’s amended motion seeks $20,527.04 in attorney’s fees and costs and an additional $2,610.00 in fees incurred in bringing this motion.

The court finds counsels’ hourly rates are reasonable (Kowal Decl., ¶¶ 6-8), and the statement of services rendered attached as Ex. 1 is also reasonable.  Plaintiff Morga failed to submit any opposition.

Since there is no opposition to respond to, the court will reduce the anticipated attorney’s fees by three hours @ $450/hour.  (Kowal Decl., ¶¶ 6, 9.)

Therefore, total fees and costs incurred in this action are $21,787.04.  Since the judgment quieting title was 50% to Morga and 50% to Rodriguez, Rodriguez is entitled to a respective share of half the total fees and costs.  

Accordingly, the motion is GRANTED in part.  Rodriguez is entitled to recover $10,893.52 in attorney’s fees and costs.