Judge: Robert B. Broadbelt, Case: BC696568, Date: 2023-08-07 Tentative Ruling

Case Number: BC696568    Hearing Date: August 7, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Defendant Donald J. Trump

RESPONDING PARTY:       Unopposed

Motion to Offset Prior Attorneys’ Fees Award

The court considered the moving papers filed in connection with this motion.  No opposition papers were filed.

DISCUSSION

Defendant Donald J. Trump (“Defendant”) moves the court for an order offsetting the $54,436.25 in attorney’s fees awarded by the court to plaintiff Stephanie Clifford (“Plaintiff”) in its November 16, 2022 order against the attorney’s fees awarded to Defendant in the case Clifford v. Trump, filed in United States District Court for the Central District of California, Case No. 2:18-cv-006893-SJO (FFMx).

The court finds that Defendant is entitled to have his award of attorney’s fees offset against Plaintiff’s award of attorney’s fees and therefore grants Defendant’s motion.

In federal court, Defendant was awarded attorney’s fees in the amount of $292,052.33 and $1,000 in monetary sanctions, for a total award of $293,052.33 in attorney’s fees, costs, and sanctions, payable to Defendant by Plaintiff.  (Dhillon Decl., Ex. 1, pp. 8-9 [December 11, 2018 order granting in part Defendant’s motion for attorneys’ fees in the amount of $293,052.33].)

On June 30, 2022, the court in this action issued an order granting Defendant’s motion to offset prior attorneys’ fee award, and ordered that Plaintiff’s August 17, 2020 award of $44,100 in attorney’s fees was offset against Defendant’s December 11, 2018 award of $292,052.33 in attorney’s fees.  (June 30, 2022 Order, p. 5:20-23.)  The court therefore reduced Defendant’s net award of attorney’s fees to $247,952.33.  (June 30, 2022 Order, pp. 5:24-6:2.)

On November 16, 2022, the court granted Plaintiff’s motion for attorney’s fees and costs for the attorney’s fees incurred following Defendant’s appeal of the court’s August 17, 2020 order granting Plaintiff’s previous motion for attorney’s fees.  (Nov. 16, 2022 Order, pp. 2:9-11, 5:14.)  The court awarded Plaintiff $54,436.25 in attorney’s fees against Defendant.  (Nov. 16, 2022 Order, p. 5:15-16.)

Thus, Defendant requests that the court offset the November 16, 2022 award of attorney’s fees to Plaintiff against Defendant’s award of attorney’s fees, issued in federal court on December 11, 2018 and thereafter reduced by this court in its June 30, 2022 order.

“When a debtor recovers a money judgment against his creditor or acquires a third person’s judgment or any other claim against that creditor, the debtor may use the claim as an offset, satisfying in whole or in part the judgment his creditor has against him.  One method of asserting such right is by motion of the debtor in the action in which judgment has been given in favor of the creditor.”  (Norman v. Berney (1965) 235 Cal.App.2d 424, 434.)  Thus, “a judgment debtor who has acquired a judgment or claim against his judgment creditor may ask the court in which the judgment against him was rendered to have his judgment or claim offset against the first judgment.  The offset of judgment against judgment is a matter of right absent the existence of facts establishing competing equities or an equitable defense precluding the offset.”  (Brienza v. Tepper (1995) 35 Cal.App.4th 1839, 1847-1848 (“Brienza”).)

Plaintiff did not file opposition papers or other evidence with the court establishing that “competing equities” or an “equitable defense” support denial of Defendant’s motion.  (Brienza, supra, 35 Cal.App.4th at p. 1848.)  Specifically, Plaintiff has not presented evidence or argument establishing that Defendant has acted inequitably or that public policy weighs in favor of disallowing offset.  (Id. at pp. 1849-1850; Crasnick v. Marquez (2016) 248 Cal.App.4th Supp. 1, 8 [setting forth factors considered by Brienza to determine whether the balancing of equities favored or disfavored offset].)  Thus, the court finds that “[t]he offset of judgment against judgment is a matter of right” and therefore grants Defendant’s motion.  (Brienza, supra, 35 Cal.App.4th at p. 1848.)

ORDER

The court grants defendant Donald J. Trump’s motion to offset prior attorneys’ fees award.

The court orders that plaintiff Stephanie Clifford’s November 16, 2022 award of attorney’s fees in the amount of $54,436.25 is offset against defendant Donald J. Trump’s December 11, 2018 award of $292,052.33 award of attorney’s fees, which was reduced by the court in its June 30, 2022 order to a net award of $247,952.33.

The court therefore orders that (1) plaintiff Stephanie Clifford’s net award of $54,436.25 in attorney’s fees against defendant Donald J. Trump pursuant to the November 16, 2022 order in this case is reduced to $0.00, and (2) defendant Donald J. Trump’s net award of $247,952.33 in attorney’s fees against plaintiff Stephanie Clifford pursuant to the December 11, 2018 order in Clifford v. Trump, United States District Court, Central District of California, Case No. 2:18-cv-06893-SJO (FFMx) and this court’s June 30, 2022 order is reduced to $193,516.08.

The court orders defendant Donald J. Trump to give notice of this ruling.

IT IS SO ORDERED.

DATED:  August 7, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court