Judge: Theresa M. Traber, Case: 22STCV12040, Date: 2022-11-21 Tentative Ruling

Case Number: 22STCV12040    Hearing Date: November 21, 2022    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     November 21, 2022               TRIAL DATE: NOT SET

CASE:                         Mehmet Kaya Bolukgiray v. Glenn Eugene Stallings et al.

CASE NO.:                 22STCV12040           

MOTION FOR ATTORNEY’S FEES

MOVING PARTY:               Defendants Glenn Stallings, Carolina Arriola, Mauricia Vitangcol, Jesus Vitangcol.

RESPONDING PARTY(S): No response on eCourt as of 11/8/2022

CASE HISTORY:

·         04/11/22: Complaint filed.

·         09/26/22: Complaint dismissed without prejudice

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This was an action for breach of contract and intentional infliction of emotional distress arising from a landlord-tenant dispute.

Defendants move for attorney’s fees and costs following dismissal of the Complaint.

TENTATIVE RULING:

Defendants’ Motion for Attorney’s Fees is GRANTED.

DISCUSSION:

            Defendants move for attorney’s fees and costs in the amount of $1,000 pursuant to the terms of the operative lease agreement.

Civil Code section 1717 provides, in relevant part:

In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs.

(Civil Code § 1717(a), bold emphasis added.) Defendants construe the allegations in the now-dismissed Complaint and accompanying declaration as alleging a breach of Plaintiff’s rental lease. Defendants offer a document which they contend is a copy of Plaintiff’s rental lease (Motion, Exhibit 1; Declaration of Glenn Eugene Stallings ISO Mot. ¶ 2.) The document bears the signature of Plaintiff and the signatures of Defendants. (Motion Exh. 1.)

            Paragraph 43 of the Lease provides the prevailing party in any action on the lease with reasonable attorney’s fees and costs, not to exceed $1,000. (Exh. 1.) Defense counsel has provided an itemized list of time entries showing that Defendants’ counsel incurred at least 9.6 hours of attorney time at a rate of $400 per hour. (Declaration of Adolfo B. Garber ISO Mot. ¶¶ 2-3.) As Plaintiff has not opposed this motion, the Court finds that the request for attorney’s fees in the amount of $1,000, as limited by the Lease, is reasonable.

CONCLUSION:

Accordingly, Defendants’ Motion for Attorney’s Fees is GRANTED.

Moving Parties to give notice.

IT IS SO ORDERED.

Dated: November 21, 2022                             ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.