Judge: Stephen I. Goorvitch, Case: 20STCV48123, Date: 2023-09-11 Tentative Ruling

Case Number: 20STCV48123    Hearing Date: September 11, 2023    Dept: 39

Millinium Properties, Inc. v. Aaron Hoh Yin Shum, et al.

Case No. 20STCV48123

Motion for Attorney’s Fees

            Plaintiff Millinium Properties, Inc. (“Plaintiff” or “Millinium”) filed this action against Aaron Hoh Yin Shum, Taksang Allen Shum, and Connie Moling Chan (collectively, “Defendant”) based upon a failed real estate transaction.  Plaintiff alleges that it entered into a written real estate contract to purchase a property in Walnut, California for $480,000.  Plaintiff alleges that Defendants failed to complete the transaction and deliver the property to Plaintiff.  Accordingly, Plaintiff asserts three causes of action: (1) Breach of contract, (2) Declaratory relief, and (3) Specific performance.  Defendants moved for summary judgment or, in the alternative, summary adjudication.  The Court granted that motion, because Plaintiff failed to include an earnest money deposit of $1,000 with the signed contract.  Now, Defendants seek attorney’s fees in the amount of $110,137.51 and costs in the amount of $2,045.95. 

            The parties’ contract states: “In any action, proceeding, or arbitration between BUYER and SELLER arising out of this agreement, the prevailing BUYER or SELLER shall be entitled to reasonable attorney fees and costs from the non-prevailing BUYER or SELLER.”  Defendants were the prevailing party in this litigation.  However, the Court reduces the requested amount by $11,740, as this was related to Defendants’ cross-complaint and related discovery.  The Court also reduces the remaining amount—$98,397.51—by 15% to account for inefficiencies and slightly high billing rates.  Therefore, the Court awards $83,637.88 in attorney’s fees.  The Court also awards $2,045.95 in costs.

            Based upon the foregoing, the Court orders as follows:

            1.         Defendants’ motion for attorney’s fees is granted.

            2.         Plaintiff shall pay Defendants’ counsel, by and through counsel, a total of $85,683.83 within thirty (30) days.

            3.         Defendants’ counsel shall provide notice and file proof of such with the Court.