Judge: Stephen I. Goorvitch, Case: 20STCV20862, Date: 2023-10-12 Tentative Ruling

Case Number: 20STCV20862    Hearing Date: March 7, 2024    Dept: 39

Outsource, LLC v. Horizon Communications Technologies, Inc.

Case No. 20STCV20862

Motion for Attorneys’ Fees

Plaintiff Outsource, LLC (“Plaintiff”) prevailed on its breach of contract claim against Defendant Horizon Communications Technologies, Inc. (“Defendant”).  Now, Plaintiff seeks attorneys’ fees.  The prevailing party must seek an award of attorneys’ fees via a noticed motion, and bears the burden of proof to justify the amount sought.  (See Code Civ. Proc., § 1033.5, subd. (c)(5)(A).)  The parties’ contract provides that Plaintiff is “entitled to recover the reasonable attorney’s fees and costs incurred in enforcing its rights under this Agreement.”  (Declaration of Dayton B. Parcells, III, Exhibit 2.)  Plaintiff is therefore entitled to recover fees Plaintiff incurred in prevailing on Plaintiff’s contract claims against Defendant.  (See Santisas v. Goodin (1998) 17 Cal.4th 599, 615.)  However, Plaintiff’s billing records include substantial fees Plaintiff incurred in defending against the claim of third-party claimant Sunwest Bank.  Plaintiff is not entitled to recover those fees from Defendant, as those fees do not stem from the contract claims between Plaintiff and Defendant. 

Based upon the foregoing, Plaintiff’s motion is continued to May 2, 2024, at 8:30 a.m.  Plaintiff’s counsel may submit the following: (1) An amended notice making clear how much Plaintiff is requesting relating to the contractual claims between the parties; (2) A new declaration; (3) Billing records in support of the new, reduced amount; and (4) Any other evidence in support of the request.  Defendant may file an opposition, and Plaintiff may file a reply brief, based upon statutory deadlines associated with the new hearing date.

Plaintiff’s counsel shall provide notice and file proof of such with the Court.