Judge: William D. Claster, Case: 20-01166993, Date: 2022-10-07 Tentative Ruling

Defendants Miriam J. Galindo, PSY.D., LCSW, RPT. (Dr. M. Galindo), Jorge Galindo, PSY.D., (Dr. J Galindo) , and Jorge Galindo Family Therapist and Associates, Inc.'s Motion to Recover for Attorney's Fees and Costs Pursuant to CCP 425.16  ROA 274

Defendants Miriam J. Galindo, Jorge F. Galindo, and Jorge Galindo Family Therapist and Associates, Inc.’s (collectively, “Moving Defendants”) motion for attorney’s fees and costs pursuant to CCP § 425.16(c) is GRANTED.  Plaintiff Christienne M. Black is ordered to pay Moving Defendants $63,410 in fees and costs.

In a joint statement filed on October 5, 2022, counsel for Moving Defendants and counsel for Plaintiff state, “Plaintiff did not oppose the motion for fees, and will submit on the Court’s ruling.”  (ROA 278.)

The Court has independently reviewed the moving papers and supporting evidence.  The Court finds counsel’s claimed rate of $350 per hour to be reasonable for the Orange County market, even though this is higher than the rate actually charged by counsel to the insurance carrier paying for Moving Defendants’ defense.  (See Zopatti Decl., ¶¶ 17-18; see also Chacon v. Litke (2010) 181 Cal.App.4th 1234, 1260 [court required to award fees at reasonable hourly rate, even when contracted rate was lower].)  The Court also finds the 165.1 hours claimed by counsel for work in this Court and on appeal to be reasonable.  Accordingly, Plaintiff is ordered to pay Moving Defendants $57,785 in attorney’s fees.

The Court has also reviewed Moving Defendants’ memorandum of costs (Zopatti Decl., Ex. H.)  All costs claimed are properly recoverable.  Plaintiff is therefore ordered to pay Moving Defendants $5,265 in costs.