Judge: Randall J. Sherman, Case: 2020-01143326, Date: 2022-09-09 Tentative Ruling

Plaintiff Balboa Capital Corporation’s unopposed Motion for Attorney Fees Pursuant to Civil Code §1717 is granted in the amount of $36,845.50.  The court also confirms that because plaintiff filed a Memorandum of Costs on May 27, 2022 requesting $1,092.00 in costs, and defendant did not file a Motion to Tax Costs, plaintiff is entitled to costs of suit in the amount of $1,092.00.

Plaintiff is entitled to an award of reasonable attorneys’ fees pursuant to Civil Code §1717 based on the attorneys’ fees provision contained in the Default and Remedies section of the Equipment Finance Agreement between plaintiff and defendant.  However, reasonable attorneys’ fees consist only of the $36,845.50 plaintiff has incurred thus far.  The additional estimated $1,185.00 in fees preparing for and attending the hearing on this motion should not need to be incurred because this motion is unopposed.

Plaintiff is ordered to give notice of the ruling unless notice is waived.