Judge: Peter A. Hernandez, Case: KC070403, Date: 2023-10-31 Tentative Ruling

Case Number: KC070403    Hearing Date: January 31, 2024    Dept: K

Plaintiff R. Hayes, Inc.’s Motion for Attorney’s Fees is DENIED.

Background   

Plaintiff R. Hayes, Inc. (“Plaintiff”) alleges as follows: On or about October 5, 2017, Plaintiff entered into an oral agreement with Ran Li and Crystal Aixinjuelou (collectively, “Defendants”), wherein Plaintiff agreed to provide general remodeling services for the property located at 19103 Singingwood, Rowland Heights, Los Angeles, CA (“subject property”). Defendants have failed to pay for the work.

On February 8, 2022, Plaintiff filed a First Amended Complaint, asserting causes of action against Defendants and Does 1-100 for:

1.                  Breach of Contract

2.                  Foreclosure of Mechanics’ Lien

3.                  Quantum Meruit

4.                  Fraud and Deceit

On June 16, 2023, judgment was entered.

Discussion

Plaintiff moves the court, per Civil Code § 8800, for an award of attorney’s fees in the amount of $102,231.75.

The motion originally came on calendar for hearing on October 31, 2023. The court posted a tentative ruling prior to the hearing, advising therein that “Defendants assert that Plaintiff is not, in fact, entitled to recovery of fees pursuant to Civil Code § 8800, subdivision (c) on the basis that there is no progress payment contract in this case. The court needs additional briefing on this matter to make that determination” and that “[t]o the extent Plaintiff seeks attorneys’ fees under Civil Code § 8800, the court seeks further briefing how the various invoices introduced as trial exhibits comply with the provisions of section 8800.” (Bold in original; italics added). The court’s tentative ruling indicated that the hearing on the motion would be continued to January 26, 2024.

The court’s October 31, 2023 minute order reflects that Plaintiff’s counsel did not make an appearance on that date. The court clerk provided notice to both counsel of the new January 26, 2024 hearing date. On December 13, 2023, a “Notice Re: Continuance of Hearing and Order” was filed, wherein the court rescheduled the hearing to January 31, 2024; again, both counsel were provided notice by the court clerk. On December 20, 2023, Plaintiff filed (and email-served) a “Notice of Continuance of Motion for Attorneys’ Fees,” advising therein of the new January 31, 2024 hearing date.

The court has not received any additional briefing from the parties, to date (i.e., as of January 24, 2024 at 9:35 a.m.).

The court, then, will deny the motion, on the basis that Plaintiff has failed to show an entitlement to fees pursuant to Civil Code § 8800.