Judge: Salvatore Sirna, Case: 23PSCV02129, Date: 2024-03-19 Tentative Ruling

Case Number: 23PSCV02129    Hearing Date: March 19, 2024    Dept: G

Plaintiff Mabek Co.’s Motion for Attorney Fees

Respondent: Defendant Pilot Inc.

TENTATIVE RULING

Plaintiff Mabek Co.’s Motion for Attorney Fees is GRANTED in the reduced amount of $20,518.75.

BACKGROUND

On July 14, 2023, Plaintiff Mabek Co. (Mabek) filed an unlawful detainer action for commercial premises in the City of Industry against Defendants Pilot Inc. (Pilot); NFI California Cartage Holding Company, LLC; Mike Campbell & Associates, LTD.; HaoRong Global, Inc.; HIXIH Rubber Industry Group Co., LTD; Pacific Import Manufacturing, Inc.; Eco Green Ology, Inc.; Wang’s International, Inc.; Dreamway Express, Inc.; EPS International Logistics Inc.; Shipflex Logistics LLC; Spring Wind Logistics Inc.; Bully Truck Accessories; Cosmo Group; DC Sports; ECO USBCELL; Lunna Smart Home; Pickman; Rolling Big Power; RPVI Accessories; ShopThatHere.com; Tofu Lights; VooDoo Ride; YNeon; and Does 1-30.

On October 12, 2023, Mabek and Pilot entered into a stipulation for the issuance of a writ of possession and entry of judgment. On February 1, 2024, the court entered a judgment of unlawful detainer pursuant to the stipulation.

On February 16, 2024, Mabek submitted a memorandum of costs and filed the present motion. A hearing on the present motion is set for March 19.

ANALYSIS

Mabek moves the court for an award of reasonable attorney fees in the amount of $83,297.50. For the following reasons, the court GRANTS Mabek’s motion, but reduces the amount requested.

Legal Standard

“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).)

“The 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.)

Discussion

In this case, Mabek requests attorney fees pursuant to section 31 of their lease agreement with Pilot which states as follows:

“Attorneys' Fees. If any Party or Broker brings an action or proceeding involving the Premises whether founded in tort, contract or equity, or to declare rights hereunder, the Prevailing Party (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The term, ‘Prevailing Party’ shall include, without limitation, a Party or Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The attorneys' fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys' fees reasonably incurred. In addition, Lessor shall be entitled to attorneys' fees, costs and expenses incurred in the preparation and service of notices of Default and consultations in connection therewith, whether or not a legal action is subsequently commenced in connection with such Default or resulting Breach ($200 is a reasonable minimum per occurrence for such services and consultation).” (Complaint, Ex. 1, ¶ 31.)

Here, Mabek obtained a judgment of unlawful detainer against Pilot. Thus, the court finds Mabek is the prevailing party in the present unlawful detainer action and is accordingly entitled to reasonable attorney fees.

Reasonableness of Hourly Rate

To determine if an hourly rate is reasonable, courts consider the rates of similar attorneys in the community as well as “the experience, skill, and reputation of the attorney requesting fees.” (Heritage Pacific Financial, LLC v. Monroy (2013) 215 Cal.App.4th 972, 1009.)

In this case, Mabek’s counsel requested hourly rates of $595. In support of this request, Daniel A. Corren provided a declaration describing counsel experience and stating counsel’s requested rate is comparable to other litigators in the Los Angeles area with comparable experience. (Corren Decl., ¶ 16.) Corren also provided information about Corren’s co-counsel, Gary Fidler, that included Fidler’s experience and justification for a similar rate. (Corren Decl., ¶ 17.) Based on this information and the court’s own experience, the court finds an hourly rate of $595 to be reasonable.

Reasonableness of Hours Billed

Although a verified fee bill is “prima facie evidence the costs, expenses and services listed were necessarily incurred,” (Hadley v. Krepel (1985) 167 Cal.App.3d 677, 682), counsel still has the burden to demonstrate the reasonableness of charges. (Mikhaeilpoor v. BMW of North America, LLC (2020) 48 Cal.App.5th 240, 247.) Here, Mabek requests fees for a total of 104 hours spent by counsel and 15.75 hours spent by counsels’ paralegals. Mabek also requests an additional 10 hours of fees for time spent on the present motion. The court addresses each category of requests below.

Compliance with Pre-Lawsuit Notice Requirements

Mabek requests $3,675 in attorney fees for 6.5 hours of compliance with pre-lawsuit notice requirements. (Motion, p. 9.) It is unclear to the court from where these costs come as Mabek failed to provide any citations to the specific invoice entries that support this request. Thus, the court finds this request unsupported and declines to award these requested fees.

Preparation of Complaint and Associated Filings

Mabek requests $4,725 in attorney fees for 8.75 hours spent preparing the complaint and associated filings in the present action. (Motion, p. 9.) Given counsel’s significant experience and counsel’s use of an unlawful detainer form complaint, the court finds this amount to be excessive. Accordingly, the court reduces the hours awarded to 3.25 hours (2.0 hours for counsel at an hourly rate of $595 and 1.25 hours for paralegal work at an hourly rate of $210) for a total fee award of $1,452.50.

Service of Tenant and Subtenants, Research and Service on Illegal Subtenants, Negotiation of Agreements with Cooperative Subtenants

Mabek requests $11,427.50 in attorney fees for 14.25 hours spent serving parties in this action and negotiating agreements with cooperative subtenants. (Motion, p. 9.) It is unclear to the court from where these costs come as Mabek failed to provide any citations to the specific invoice entries that support this request. The court is also not inclined to award fees for any time spent negotiating with or serving parties other than Pilot. Thus, the court finds this request unsupported and declines to award these requested fees.

Written Discovery and Inspection of Premises

Mabek requests $4,016.25 in attorney fees for 6.75 hours spent on written discovery and inspection of the premises. (Motion, p. 9.) Upon review of the discovery requests Mabek submitted (Corren Decl., Ex. C) and in light of counsel’s significant experience, the court finds 6.75 hours excessive and reduces the requested time to 3.75 hours for a total fee award of $2,231.25.

Trial Preparation Time

Mabek requests $18,886.25 for 24.25 hours spent on trial preparation. (Motion, p. 9.) Given counsel’s experience, the court finds the time spent excessive and reduces the requested time to 12.5 hours at an hourly rate of $595 in addition to 4 hours of paralegal time at an hourly rate of $210 for a total fee award of $8,277.50.

Preparation of Motion for Summary Judgment

Mabek requests $5,311.25 for 9.25 hours spent on preparing a motion for summary judgment. (Motion, p. 9.) Given counsel’s experience, the court finds this request excessive and reduces the requested time to 4.5 hours at an hourly rate of $595 in addition to 0.5 hours of paralegal time at an hourly rate of $210 for a toral fee award of $2,782.50.

Stipulation for Entry of Judgment

Mabek requests $8,881.25 for 15.25 hours spent negotiating and preparing stipulation for entry of judgment, corresponding with Pilot, and corresponding with third parties regarding Pilot’s compliance. (Motion, p. 9.) It is unclear to the court from where these costs come as Mabek failed to provide any citations to the specific invoice entries that support this request. Thus, the court finds this request unsupported and declines to award these requested fees.

Writ of Execution

Mabek requests $1,373.75 for 2.75 hours spent preparing a writ of execution and communicating with the sheriff regarding lockout. (Motion, p. 9.) It is unclear to the court from where these costs come as Mabek failed to provide any citations to the specific invoice entries that support this request. Thus, the court finds this request unsupported and declines to award these requested fees.

Ex Parte Application Regarding Default

Mabek requests $19,051.25 for 32.5 hours spent preparing ex parte application regarding Pilot’s default, analyzing opposition, preparing supplemental filings, and three appearances for hearings on application. (Motion, p. 9.) It is unclear to the court from where these costs come as Mabek failed to provide any citations to the specific invoice entries that support this request.

Furthermore, the court finds this amount excessive given counsel’s experience. Accordingly, the court reduces the requested time to 5.5 hours (2.0 hours drafting ex parte application, 1.0 hour reviewing opposition papers, 1.0 drafting supplemental filings, and 1.5 hours attending the hearings) at an hourly rate of $595 in addition to 2.0 hours of paralegal time at an hourly rate of $210 for a total fee award of $3,692.50.

Present Motion

Mabek requests $5,950 for 10 hours preparing the present motion and appearing at the hearing. (Motion, p. 9.) The court finds this amount excessive given counsel’s experience and accordingly reduces the requested time to 3.5 hours (2.0 hours drafting the present motion, 1 hour reviewing the opposition and drafting the reply, and 0.5 hours attending the hearing) at an hourly rate of $595 for a toral fee award of $2,082.50.

CONCLUSION

Based on the foregoing, Mabek’s motion for attorney fees is GRANTED in the reduced amount of $20,518.75.