Judge: Theodore R. Howard, Case: 17-951357, Date: 2023-08-17 Tentative Ruling
Defendant Nicholas Mostafa Niknafs’ (“Niknafs”) Motion for Attorney Fees (“Motion”) is GRANTED.
Niknafs brings the Motion pursuant to Civ. Code § 1717 as the contract between the parties contained an attorney fee provision. (Complaint, Ex. A at § 13.2.) As the prevailing party, Niknafs is entitled to an award of attorney fees under the contract for having to defend against plaintiff Luther Eugene Secrest d/b/a Secrest Construction’s (“Plaintiff”) Complaint.
The court has reviewed the declarations and evidence submitted to the court, as well as the arguments of the parties. The court finds the hourly billing rate of the attorneys and paralegal who submitted billing to be more or less reasonable. The hours also seem to be more or less reasonable, with the exception of some in-house attorney communications at Madison Law, APC, that will not be permitted in the amount of $747.50. Additionally, the court previously awarded reasonable attorney fees on motions to compel prepared by Madison Law, APC, and their billing is reduced by $3,675.00 for those motions. (ROA #146.)
The court awards $81,572.00 total to Defendant from Plaintiff on this Motion, which breaks down to the following:
Theodora Oringher PC - $25,725.00
Ross, Wolcott, Teinert & Prout LLP - $17,187.50
Madison Law, APC - $38,659.50
Total: $81,572.00
Plaintiff’s arguments are not compelling as the court’s prior attorney fee award in Plaintiff’s favor found numerous overbilling and improper entries which caused Plaintiff’s request amount to be drastically reduced. Additionally, it appears Defendant did incur greater litigations costs due to the actions/inactions by Plaintiff. Finally, the court notes there is verifiable work performed by Theodora Oringher PC during the time period referenced by Plaintiff. (ROA ##249-250, 255, 260, 268, 270, 274, 276, 283, 285, 290, 292.)
Defendant to give notice.