Judge: Robert P. Dahlquist, Case: 37-2022-00036610-CU-BC-NC, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - October 05, 2023

10/06/2023  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00036610-CU-BC-NC TOWART VS. JOINER [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Attorney Fees, 08/21/2023

Defendant William Glen Joiner's motion for attorney's fees (ROA #42) is granted.

On September 13, 2022, plaintiffs Joel Towart and Laurel Towart filed a complaint for breach of real estate purchase contract, breach of the implied covenant and duty of good faith and fair dealing, fraudulent misrepresentation and concealment of defects, negligent misrepresentation, unfair and deceptive trade practices and unjust enrichment. ROA # 1.

On June 16, 2023, plaintiffs dismissed defendant Joiner. ROA # 39. According to plaintiffs, they decided to dismiss defendant Joiner after plaintiffs reached a settlement with defendant King Roofing.

Defendant Joiner moves to recover attorney's fees in the amount of $12,224 as the prevailing party.

ROA # 42. Plaintiffs oppose the motion, asserting primarily that the amount sought is not reasonable.

ROA # 48.

After careful review of the evidence and argument, the court finds that the amount sought -- $12,224 – is reasonable and appropriate. Therefore, the court will grant the motion.

Defendant Joiner has filed a memorandum of costs, claiming costs of $501.15. No motion to tax or strike costs has been filed. As such, defendant is entitled to recover costs of $501.15.

The court invites defendant Joiner shall submit a judgment reflecting the award of attorney's fees ($12,224) and costs ($501.15).

This is the tentative ruling for an appearance (in person or remote) hearing at 1:30 p.m. on Friday, October 6, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of October 6, 2023. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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