Judge: Shirley K. Watkins, Case: 22VECP00106, Date: 2022-10-26 Tentative Ruling

Case Number: 22VECP00106    Hearing Date: October 26, 2022    Dept: T

            [TENTATIVE] ORDER:  Petitioner Carepatrol Franchise Systems LLC’s Motion for Attorneys’ Fees is GRANTED but reduced to the reasonable amount of $16,850.00. 

Petitioner Carepatrol Franchise Systems LLC’s Request for Judicial Notice is GRANTED but only as to the existence of the documents and not as to any hearsay or facts in dispute.

Respondent TSI Investment Group, Inc.’s Request for Judicial Notice is DENIED.

Introduction

Petitioner Carepatrol Franchise Systems LLC (Petitioner) moved for an award of attorneys’ fees from Respondent TSI Investment Group, Inc. (Respondent.)  Petitioner is requesting $20,885.00.

Procedure

Respondent made a request for judicial notice within the body of the Opposition and within a footnote.  The request is improper in its failure to comply with California Rules of Court 3.1113(l) because it was not made in a separate document.  For this defect, the Court denies Respondent’s request for judicial notice.   

            Discussion 

            When a contract provides for attorneys’ fees, the party prevailing on the contract is entitled to reasonable attorneys’ fees.  (Civ. C. sec. 1717.)  There is no dispute between the parties that Petitioner is the prevailing party and the contract includes an attorneys’ fees provision.  At issue is the reasonableness and necessity of the amount requested.  Respondent argues that the amount in fees should be reduced to $10,000.00. 

Mr. Elan Stone provides that his hourly rate is $400/hour and the hourly rate charged by Charles Stein is $450/hour.  Mr. Stone’s declaration provides sufficient facts to support the rates charged and Respondent does not dispute the rates.  Respondent did not dispute the hourly rates charged by Counsels. 

Petitioner provides that the fees incurred prior to the instant motion is $16,055.00.  For the instant motion, Petitioner incurred $4,800.  Further, Mr. Stein only expended an hour on this action.  Mr. Stone charged $15,605 sans the instant attorneys’ fees motion, which amounts to about 39.01 hours of work.  The hours expended and expected to be expended on the instant attorneys’ fees motion amounts to 12 hours.  Respondent argues the necessity of the fees incurred in Petitioner’s failed service attempts and the excessive hours expended.  The Court finds that a total of 51.01 hours is unreasonable and excessive for the action.  The hours expended by Mr. Stone is reduced to the reasonable amount of 41 hours and Mr. Stone’s fees are reduced to $16,400.00.  Including the hour expended by Mr. Stein, the total attorneys’ fees awarded is $16,850.00. 

Respondent argues that the inclusion of paralegal fees is not proper under the attorneys’ fees provision.  However, Respondent fails to cite to any legal authority to support this contention.  Without legal support, the Court does not find the argument persuasive.  Further, Petitioner disputes that the fees requested included paralegal fees.  Even if paralegal fees were included, Petitioner present legal authority to support such a request.  In any event, Respondent’s argument is without merit because it is unsupported by legal authority. 

            The Motion for Attorneys’ Fees is GRANTED but reduced to the reasonable amount of $16,850.00.

            IT IS SO ORDERED, ____________________ TO GIVE NOTICE.