Judge: Stephen I. Goorvitch, Case: 21STCV13765, Date: 2022-12-13 Tentative Ruling

Case Number: 21STCV13765    Hearing Date: December 13, 2022    Dept: 39

VII Commercial Corporation v. Mountain View Shopping Center

Case No. 21STCV13765

Motion for Attorney’s Fees

Claimant VII Commercial Corporation (“Claimant”) moves for an award of attorneys’ fees against Respondent Mountain View Shopping Center, Inc. (“Respondent”).  If an underlying judgment includes an award of attorney fees based on a contractual provision, any attorney fees the judgment creditor incurs in enforcing the judgment are also recoverable as costs.  (Code Civ. Proc., § 685.040.)  In its order of July 13, 2021, the Court entered judgment on the underlying arbitration award, which required Respondent to pay Claimant $9,556.59, plus interest of $2,101.40, arbitration costs of $12,850, attorney costs of $998.28 and attorneys’ fees of $28,850.00.  In its order of January 6, 2022, the Court awarded Plaintiff’s motion for attorneys’ fees and costs in the sum of $19,778.92, which Claimant incurred in enforcing the judgment, plus interest in the amount of $2,629.27.  Now, Claimant seeks to recover an additional $15,228.37 in fees and costs, which Claimant incurred in enforcing the judgment, plus interest in the amount of $1,105.20. Claimant has submitted records to substantiate these sums.  Respondent does not oppose the motion.

Based upon the foregoing, Claimant’s motion is granted.  Claimant shall provide notice and file proof of such with the Court.