Judge: Salvatore Sirna, Case: 22PSCV00286, Date: 2023-01-25 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel may submit on the tentative rulings by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 22PSCV00286    Hearing Date: January 25, 2023    Dept: G

Defendant Belle Gonzales Halili’s Motion for Attorney Fees and Costs

Respondent: Plaintiff M&K, LLC

TENTATIVE RULING

Defendant Belle Gonzales Halili’s Motion for Attorney Fees and Costs is GRANTED with Attorney Fees Awarded in the Amount of $8,200 and Costs in the Amount of $495.00.

BACKGROUND

This is an unlawful detainer action. On September 8, 2016, Defendant Belle Gonzales Halili agreed to lease a West Covina property from Plaintiff M&K, LLC for three years with a monthly rent of $3,375. The lease was extended from October 1, 2019, to September 30, 2024, with monthly rent being increased to $3,800. On July 1, 2021, Defendant failed to comply with a three-day notice to quit or pay rent by Plaintiff. At the time of the notice, Defendant owed $46,968 in rent.

On March 24, 2022, Plaintiff filed a complaint against Defendant for unlawful detainer. The court held a bench trial and on September 12, entered judgment for Defendant. The same day, Defendant filed the present motion.

On September 27, 2022, the court granted Defendant’s ex parte application to shorten time for hearing. Following a December 7 hearing, the court ordered parties to submit supplemental declarations on the amount of attorney fees Defendant is entitled to. Another hearing is set for January 25, 2023.

ANALYSIS

Defendant requests the court award reasonable attorney fees of $17,337.50 and costs of $495 for a total of $17,832.50. The court agrees that Defendant is entitled to reasonable attorneys, but reduces the amounts awarded as set forth below.

“Except as attorney’s fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs . . . .” (Code Civ. Proc., § 1021.)  The prevailing party on a contract, which specifically provides for attorney fees and costs incurred to enforce the agreement, is entitled to reasonable attorney fees in addition to other costs.  (Civ. Code, § 1717, subd. (a); Code Civ. Proc., §§ 1032, 1033.5, subd. (a)(10)(A).)  The court, upon notice and motion by a party, shall determine the prevailing party and shall fix, as an element of the costs of suit, the reasonable attorney fees.  (Civ. Code, § 1717, subd. (a), (b).) 

In this case, Defendant requests reasonable attorney fees pursuant to paragraph 13.2(a) of the lease agreement. (Motion, Ex. 1.) In relevant part, the provision states as follows:

Remedies. . . . In the event of a Breach, Lessor may, with or without further notice or demand, and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such Breach: (a) Terminate Lessee’s right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession to Lessor. In such event Lessor shall be entitled to recover from Lessee: . . . (iv) any other amount necessary to compensate Lessor for all the detriment proximately caused by Lessee’s failure to perform its obligations under this Lease . . . , including . . . reasonable attorneys’ fees . . . .”

Although the provision only grants attorney fees to Plaintiff as the lessor, Civil Code section 1717, subdivision (a) makes clear such a provision is applicable to either party. Thus, because Defendant was the prevailing party, Defendant is entitled to reasonable attorney fees. Ultimately, “[t]he amount to be awarded to a party as attorney fees is a matter within the sound discretion of the trial judge.” (Contractors Labor Pool, Inc. v. Westway Contractors, Inc. (1997) 53 Cal.App.4th 152, 168.) In determining the reasonableness of an attorney fees award, the court considers “the nature, difficulty, intricacy and importance of the litigation, the amount involved, the skill required and success of the attorney's efforts, his or her learning, age and experience, and the time consumed.” (Id., at p. 169.)

Here, Defendant’s counsel requests attorney fees for 36.5 hours of work billed at $475 per hour. Defendant also requests an additional 11.5 hours for work on this motion in supplemental briefing.[1]  In light of the fact that there was limited discovery and a brief bench trial cut short by Defendant’s successful motion for non-suit, the court finds a reduced hourly rate of $200 per hour is reasonable.

Plaintiff argues the court should only award attorney fees for prejudgment work pursuant to Rule 3.1700 of the California Rules of Court. (Awa Opp. Suppl. Dec., ¶ 2-3.) However, this rule merely establishes the requirement for prejudgment costs. (Cal. Rules of Court, Rule 3.1700, subd. (a).) In requesting attorney fees, Defendant also pointed to Code of Civil Procedure section 685.040 which allows a judgment creditor to obtain reasonable and necessary costs of enforcing a judgment, including attorney fees. Last, Plaintiff argues Plaintiff is also entitled to attorney fees that should be deducted from Defendant’s award because the lease allows attorney fees for preparation and service of notices of default, whether or not legal action is subsequently commenced. (Awa Opp. Suppl. Dec., ¶ 10-11.) However, Plaintiff does not identify any legal authority that would allow Plaintiff to collect attorney fees as the non-prevailing party.

Thus, while the court awards attorney fees, the court will reduce the time spent attending the December 6, 2022, hearing and January 25, 2023 hearing to thirty minutes each for an hour total. Accordingly, the court finds and awards reasonable attorney fees in the amount of $8,200 at $200 an hour for 41 hours, as detailed below.

In addition to attorney fees in Defendant’s memorandum of costs, Defendant requests $495 for filing and motion fees, including $435 for filing an answer and $60.00 for filing the present motion. The court finds this appropriate.

Accordingly, the court GRANTS Defendant’s motion for attorney fees and costs.  

CONCLUSION

Based on the foregoing, Defendant’s motion for attorney fees and costs is GRANTED with attorney fees awarded in the amount of $8,200 and costs in the amount of $495.00.