Judge: Theodore R. Howard, Case: 16-873201, Date: 2022-09-22 Tentative Ruling

Defendant and cross-complainant Trabuco Highlands Community Association moves for an order awarding it reasonable attorneys’ fees of $63,296.00 and costs of $844.50 following the Court of Appeal’s opinion affirming the judgment entered in favor of defendant and against plaintiff Jennifer Loeffler.  

Attorneys’ fees and costs on appeal are governed by CRC 8.278.  Generally, under subdivision (a), the prevailing party on an appeal in a civil case is entitled to costs on appeal.  Under subdivision (c)(1), a party claiming costs awarded on appeal must file and serve a memo of costs in the superior court within 40 days after the issuance of the remittitur. 

Subdivision (d)(1) of Rule 8.278 specifies the costs that may be claimed on appeal.  Included are the amount the party paid for any portion of the record.  Subdivision (d)(2) states that, “[u]nless the court orders otherwise, an award of costs neither includes attorney's fees on appeal nor precludes a party from seeking them under rule 3.1702.” 

Here, moving party filed a memo of costs on 4-19-22 (ROA 1035) that claimed costs of $784.50 and attorneys’ fees as provided in the accompanying motion.  Under the memo, which is verified, the costs of $784.50 were incurred for the preparation of the reporter’s transcript.

As for attorneys’ fees, moving party retained two firms in connection with the appeal, and it appears that one represented moving party as a defendant and the other represented it as a cross-complainant.  The firm representing moving party as a defendant claims attorneys’ fees of $33,156.00 and the firm representing it as a cross-complainant claims $28,560.00. 

The attorneys at the firm representing moving party as a defendant billed at $240/hr. and $190/hr., which are very reasonable rates.  The attorney at the firm representing moving party as a cross-defendant billed at $400/hr., which is also reasonable.

Moving party was awarded attorneys’ fees in the trial court both as a defendant and as a cross-complainant based on the CC&Rs and the Civil Code, which means that it is entitled to such fees on appeal.

The motion of defendant and cross-complainant Trabuco Highlands Community Association for an order awarding it reasonable attorneys’ fees of $63,296.00 and costs of $844.50 following the Court of Appeal’s opinion affirming the judgment entered in favor of defendant and against plaintiff Jennifer Loeffler is GRANTED.