Judge: Steven A. Ellis, Case: 20STCV19195, Date: 2023-12-20 Tentative Ruling

Case Number: 20STCV19195    Hearing Date: January 4, 2024    Dept: 29

Motion for Attorney’s Fees filed by Plaintiffs Jill Rodin Spiegel and Larry Spiegel.

Tentative

The motion is GRANTED.

Background

On May 20, 2020, Plaintiffs Jill Rodin Spiegel and Larry Spiegel (“Plaintiffs”) filed their complaint alleging negligence based on medical malpractice and loss of consortium against Defendants Bobby Pourziaee, Bobby Pourziaee, D.P.M., Inc., and Rodeo Drive Podiatry.

On April 4, 2023, the parties entered into a settlement agreement. The settlement agreement provided (among other things) that in the event of any action or proceeding arising out of the agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees, costs, and expenses. On July 15, 2023, Defendants breached the settlement agreement by failing to pay the installment payment.

On August 29, 2023, the Court entered a stipulated judgment against Defendants for the amount of $120,000.00.

On November 8, 2023, Plaintiffs filed this motion for attorney’s fees. No opposition has been filed.

Legal Standard

In any action “on a contract” that provides for the prevailing party’s recovery of attorneys’ fees, the prevailing party “shall be entitled to [an award of] reasonable attorneys’ fees.”  (Civ. Code, § 1717; see also Drybread v. Chipain Chiropractic Corp. (2007) 151 Cal.App.4th 1063, 1071 (in action arising out of lease agreement, prevailing party entitled to attorneys’ fees, costs, and expenses incurred).)

Discussion

On April 4, 2023, the parties entered into a settlement agreement. (Lee Decl., ¶ 2.) On July 15, 2023, Defendants breached the settlement agreement by failing to pay the installment payment. (Lee Decl., ¶ 3.)

On August 25, 2023, Plaintiffs requested a Notice of Judgment Lien with the Secretary of State, as well as propounded post-judgment interrogatories and request for productions on Defendants. (Id., ¶ 4, 5.)

On August 28, 2023, Plaintiff submitted an abstract judgment and writ of execution against Defendants to the Court. (Id., ¶6, 8.) Plaintiffs also filed an application and order for appearance and examination of Defendant Bobby Pourziaee. (Id., ¶10.) Plaintiffs prepared a civil subpoena for production of documents from Defendant Bobby Pourziaee on September 8, 2023. (Id., ¶ 11.)

On August 29, 2023, the Court entered a stipulated judgment against Defendants for the amount of $120,000.00.

On November 7, 2023, the Los Angeles Sheriff’s Department website stated $117,111.31 was dispersed to Mr. Lee’s office. (Id., ¶14.)

Plaintiffs’ counsel Lee states that he worked 5.5 hours to enforce this judgment. (Id., ¶ 16.)  He stated that he anticipated spending an additional 2.5 hours reviewing the opposition and preparing the reply, but no opposition was filed and therefore no reply was necessary.  (Id., ¶ 17.)  He also states that he anticipates spending 1.0 hours at the hearing.  (Ibid.)

Plaintiffs’ counsel Schneberg states that he worked 2.9 hours to enforce this judgment. (Schneberg Decl., ¶ 9.)

Both attorneys represent that their ordinary and reasonable hourly rate is $500 per hour.

The Court GRANTS the motion for attorney’s fees in the total amount of $4,700, calculated based upon 9.4 hours of total attorney time.  The Court also awards $394.28 in expenses incurred by counsel Lee.  (Lee Decl., ¶19.)

Conclusion

The Court GRANTS Plaintiffs’ motion for fees and costs in the total amount of $5,094.28.

Defendants are ORDERED, jointly and severally, to pay this amount within 30 days of notice of the ruling.

Moving party is to give notice.