Judge: Shirley K. Watkins, Case: 22VECV02153, Date: 2023-03-23 Tentative Ruling

Case Number: 22VECV02153    Hearing Date: March 23, 2023    Dept: T

22VECV02153 BEST AGOURA V CAPCO

PLAINTIFF’S MOTION FOR ATTORNEY FEES: No opposition was filed. Granted in part and denied in part.  The court disallows prelitigation fees when the contract does not allow them.  The attorneys’ fees language states as follows: “If either party commences litigation against the other for the specific performance of this Lease, for damages for the breach hereof or otherwise for enforcement of a remedy hereunder, the prevailing party shall be entitled to recover from the other party such costs and reasonable attorneys’ fees as may been incurred, including any and all costs, incurred in enforcing, perfecting and executing the judgment.” (Emphasis added.)

The court finds that the intent of the parties was for the costs and fees incurred as a result of litigation to be recoverable.  Accordingly, the court disallows the fees incurred prior to litigation (prior to 11/2022) and grants attorney fees of $27,412.50 payable by defendant CAPCO LTD., a Nevada corporation, dba ONE SPORTS RX WESTLAKE, also dba ONE SPORTS RX to plaintiff BEST AGOURA DESIGN CENTER, LLC.  Fees were calculated using the Lodestar method.  The court found the fees awarded to be reasonable and necessary, and the hourly rate to be consistent with similarly educated and trained attorneys practicing this type of law in Los Angeles County.