Judge Salvatore Sirna, Case Number: KC070458, Date: 2024-03-27 Tentative Ruling

Judge: Salvatore Sirna, Case: KC070458, Date: 2024-03-27 Tentative Ruling

Case Number: KC070458 Hearing Date: March 27, 2024 Dept: G

Plaintiff Sun Bees Groups Inc.’s Motion for Attorney’s Fees and Costs

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Sun Bees Groups Inc.’s Motion for Attorney’s Fees and Costs is GRANTED in the reduced amount of $6,015 in Attorney Fees and $371.59 in Costs.

BACKGROUND

This is an action for fraud and breach of contract initially commenced on July 13, 2018. On January 31, 2020, Plaintiff Sun Bees Groups Inc. (Sun Bees) filed the operative Third Amended Complaint (TAC) against Defendants Soulie Elkarake, Kooly Solar Energy LLC (Kooly), Great Energy Solar Solution LLC (Great Energy LLC), Great Energy Solutions Inc. (Great Energy Inc.), and Does 1-20, alleging the following causes of action: (1) intentional misrepresentation, (2) concealment, (3) constructive fraud, (4) breach of contract, (5) unjust enrichment, (6) breach of the covenant of good faith and fair dealing, and (7) violation of Business and Professions Code section 17200.

After a non-jury trial on January 17, 2024, the court issued a judgment in favor Sun Bees on February 6 that awarded Sun Bees $30,000 in damages.

On February 8, 2024, Sun Bees filed the present motion. A hearing on the motion is set for March 27.

ANALYSIS

Sun Bees moves the court for an award of reasonable attorney fees and costs in the amount of $8,731.59. For the following reasons, the court GRANTS Sun Bees’ motion.

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, the court previously found Sun Bees was entitled to reasonable attorney fees and costs pursuant to paragraph (K) of a confidential settlement agreement. (1/17/2024 Minute Order, p. 2.) Thus, the court now considers whether Sun Bees’ requested attorney fees and costs are reasonable.

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, Sun Bees’ counsel requested an hourly rate of $400. In support of this request, counsel provided a declaration describing counsel’s experience. (Carter Decl., ¶ 6.) Counsel also requested an hourly rate of $150 for counsel’s paralegal. (Carter Decl., ¶ 6.) Based upon the information provided and the court’s own experience, the court finds an hourly rate of $400 for counsel and $150 for counsel’s paralegal 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, Sun Bees requests fees for a total of 19.7 hours spent by counsel and 3.2 hours spent by counsel’s paralegal. The court addresses each category of requests below.

Communications

Sun Bees requests $480 in attorney fees for 1.2 hours spent by counsel on client or opposing party communications including 0.2 hours for communications regarding the breach of the settlement agreement on March 21, 2023; 0.1 hours for emailing Sun Bees on April 11; 0.1 hours for emailing Sun Bees case updates on May 26; 0.1 hours for telephone calls with Sun Bees on July 7; 0.2 hours for brief telephone call with Sun Bees on August 4; 0.3 hours for telephone call with Sun Bees on November 28; and 0.2 hours for telephone call with Sun Bees on December 19.

Sun Bees also requests $75 in fees for 0.5 hours spent by counsel’s paralegal on client or opposing party communications including 0.3 hours for emailing Sun Bees case updates on May 18, 2023, and 0.2 hours for emailing Sun Bees case updates on December 14.

The court finds these requested hours to be reasonable.

Case Preparation

Sun Bees requests $800 in attorney fees for 2.0 hours spent on case preparation by counsel including 0.5 hours for case review on May 15, 2023; 0.2 hours for case discussion with team on September 15; and 1.3 hours for drafting of proposed judgment on January 24, 2024.

Sun Bees also requests $405 in fees for 2.7 hours spent by counsel’s paralegal on case preparation including 0.8 hours for preparing notice of ruling on April 21, 2023; 0.2 hours for updating calendar with upcoming hearings on August 7; 0.6 hours for preparing notice of ruling on October 23; 0.8 hours for preparing exhibit list and witness list on January 11, 2024; and 0.3 hours for review and calendaring of minute order on January 24, 2024.

Based upon the brevity of the April 21, 2023 notice of ruling, the court finds 0.8 hours to be excessive and reduces the requested amount to 0.5 hours. For the same reasons, the court also reduces the hours spent on the October 23, 2023 notice of ruling from 0.6 hours to 0.5 hours. The court also reduces the time requested for drafting the proposed judgment from 1.3 hours to 1.0 hour. Last, the court reduces the time spent calendaring hearing dates from 0.2 hours and 0.3 hours to 0.1 hours and 0.1 hours respectively.

Accordingly, the court finds the total number of reasonable hours spent on case preparation to be 1.7 hours spent by counsel and 2.0 hours spent by counsel’s paralegal.

Motion Drafting

Sun Bees requests $3,120 in attorney fees for 7.8 hours spent by counsel on motion drafting including 3.1 hours for drafting an ex parte application to continue trial and 4.7 hours for drafting the present motion. Based upon a review of these filings, the court reduces the total number of hours awarded to 2.0 hours for drafting the ex parte application and 2.0 hours for drafting the present motion for a total reasonable amount of 4.0 hours.

Time Spent Attending Hearings

Sun Bees requests $3,480 in attorney fees for 8.7 hours spent by counsel attending court hearings including 0.6 hours for attending a status conference remotely on April 17, 2023; 1.3 hours for attending a settlement hearing in person on July 25; 1.2 hours for attending an OSC hearing remotely on August 17; 1.4 hours for attending a scheduled non-jury trial in person on October 20; 2.2 hours for attending a scheduled non-jury trial in person on January 17, 2024; and 2.0 hours for attending a hearing on the present motion. After reducing the hours for the hearing on the present motion from 2.0 hours to 0.5 hours, the court finds the total number of reasonable hours requested is 7.2 hours.

Accordingly, the court GRANTS Sun Bees’ request for attorney fees and awards attorney fees in the reasonable amount of $6,015, including $5,640 in fees for 14.1 hours of work at counsel’s reasonable rate of $400 per hour and $375 for 2.5 hours of paralegal work at a rate of $150 per hour.

Costs

Sun Bees also requests the award of $371.59 in costs including $13.11 in filing fees for notice of ruling on April 21, 2023; $240 in service fees for the service of cease and desist letter; $2.00 in fees for copy of minute order on September 29; $13.12 in filing fees for notice of ruling on October 23, 2023; $74.92 in filing fees for ex parte application; $14.22 in filing fees for exhibit list and witness list; and $14.22 in filing fees for filing of judgment.

Because the court finds these requested costs are reasonable, Sun Bees’ request is GRANTED.

CONCLUSION

Based on the foregoing, Sun Bees’ motion for attorney fees and costs is GRANTED in the reduced amount of $6,015 in attorney fees and $371.59 in costs.