Judge: Teresa A. Beaudet, Case: BC630866, Date: 2023-08-14 Tentative Ruling
Case Number: BC630866 Hearing Date: January 8, 2024 Dept: 50
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DANIEL PEREZ, Plaintiff, vs. JOSEPH SAFRAN, et al. Defendants. |
Case No.: |
BC630866
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Hearing Date: |
January 8, 2024 |
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Hearing Time: |
10:00 a.m. |
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[TENTATIVE]
ORDER RE: PLAINTIFF DANIEL
PEREZ’S MOTION FOR ATTORNEY’S FEES |
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Background
Plaintiff Daniel Perez (“Plaintiff”) filed
this action against Defendants Joseph Safran (“Safran”) and One Capital Group,
Inc. on August 17, 2016. The Complaint asserts causes of action for (1) breach
of written contract, (2) open book account, (3) money had and received, (4)
unjust enrichment, (5) conversion, (6) fraud in the inducement, and (7)
equitable relief.
On October 25, 2018, the Court entered a
Judgment in this action indicating that “judgment is entered in favor of
Plaintiff Daniel Perez (“Plaintiff”) and against defendants Joseph
Safran, an individual (“Safran”) and One Capital Group, Inc., a
California Corporation (“One Capital”) jointly and severally, in the sum
of $190,000.00.”
Plaintiff now moves for an order
awarding attorney’s fees incurred by Plaintiff in this matter against Safran relating to Safran’s failure to appear at a
judgment debtor examination in connection with the above-entitled action. The
motion is unopposed.
Discussion
On May 31, 2023 in this action, the Court
issued a minute order providing, inter alia, that “[p]ursuant to
oral stipulation, the Hearing on Application for Order for Appearance and
Examination scheduled for 05/31/2023 is continued to 07/06/23 at 10:00 AM in
Department 50 at Stanley Mosk Courthouse. The Court Orders Joseph Safran to
appear on July 6, 2023 at 10:00 a.m. in Department 50.”
On July 6, 2023, the Court held a Hearing on Application for Order for
Appearance and Examination. The Court’s July 6, 2023 minute order provides, inter
alia, as follows:
“The Court
issues a Bench Warrant and finds that the failure to appear by Defendant Safran
is without good cause.
A belated
unsigned letter from an entity identified as ‘PlushCare’ is insufficient and
inadmissible.
Joseph Safran
(Defendant/Defendant/Respondent) failed to appear for the hearing. The Court
finds that Joseph Safran (Defendant/Defendant/Respondent) was properly served
with an order for appearance. (Code of Civil Procedure, section
708.170). A bench warrant is ordered and issued. Bail is set in the amount
of $5,000.00.
On the Court’s
own motion, the Hearing on Application for Order for Appearance and Examination
Joseph Safran scheduled for 07/06/2023 is continued to 08/03/23 at 10:00 AM in
Department 50 at Stanley Mosk Courthouse.
Contempt Hearing
for failing to appear pursuant to C.C.P 708.170(a)(1)(A) as to Joseph Safran is
scheduled for 08/03/23 at 10:00 AM in Department 50 at Stanley Mosk Courthouse…
Moving party may
file and service [sic] a Motion for Attorney Fees…”
Plaintiff cites to Code
of Civil Procedure section 708.170, subdivision (a), which provides as follows:
“(a) If an order requiring a person to appear for an examination under
subdivision (e) of Section 708.110 was served by a
sheriff, marshal, a person specially appointed by the court in the order, or a
registered process server, and the person fails to appear:
(1) The court may do either of the following:
(A) Pursuant to a warrant, have the person brought before the court to
answer for the failure to appear and may punish the person for contempt.
(B) Issue a warrant for the arrest of the person who failed to appear
as required by the court order, pursuant to Section 1993.
(2) If the person’s failure to appear is without good cause, the
judgment creditor shall be awarded reasonable attorney’s fees incurred in the
examination proceeding. Attorney’s fees awarded against the judgment debtor
shall be added to and become part of the principal amount of the judgment.”
As set forth above, the Court’s July
6, 2023 minute order provides, inter alia, that “[t]he Court issues a
Bench Warrant and finds that the failure to appear by Defendant Safran is
without good cause.” The Court also found that “Joseph Safran…was properly
served with an order for appearance. (Code of Civil Procedure, section
708.170).” (See July 6, 2023 Minute Order.) Plaintiff accordingly seeks attorney’s
fees and costs in connection with the judgment debtor examination proceedings
against Safran.
In his supporting declaration,
Plaintiff’s counsel states that “Plaintiff will have incurred $4,312.50 in fees
(11.50 hours x $375.00), which includes $375.00/two (2) hours of time preparing
this motion and supporting declaration, plus $375.00 [sic] one (1) hour to
appear telephonically at the hearing on this motion. Plaintiff has also
incurred $1,058.84 (includes $60.00 motion fee) in costs in connection with the
examination proceedings.” (Medioni Decl.,
¶ 12.) The Court finds that the requested
amount of attorney’s fees and costs are reasonable.
Conclusion
Based on the foregoing, the Court grants Plaintiff’s motion
for an award of attorney’s fees in the amount of $4,312.50 and costs in
the amount of $1,058.84 against Safran. The Court thus orders that $4,312.50 in
attorney’s fees and $1,058.84 in costs “shall be
added to and become part of the principal amount of the judgment” as against
Safran. (Code Civ. Proc.,
§ 708.170, subd. (a)(2).)
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Plaintiff is ordered to give notice
of this Order.
DATED:
Hon. Teresa A.
Beaudet
Judge, Los
Angeles Superior Court