What is a Motion for Attorney's Fees?

In general, “California follows the ‘American rule,’ under which each party to a lawsuit ordinarily must pay his or her own attorney fees.” “Except as attorney’s fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties....” (Code of Civ. Proc., § 1021.)

The Code of Civil Procedure, section 685.040 provides that attorney fees incurred in enforcing a judgment are recoverable as costs if the underlying judgment included an award of attorney fees to the judgment creditor. The Enforcement of Judgments Law (EJL) entitles judgment creditors to reasonable and necessary attorneys’ fees for enforcement efforts if provided by law. (Code of Civ. Proc., § 685.040.)

Where attorneys fees are permitted by statute as part of an underlying judgment and the statute does not limit the award of fees to those incurred prior to the judgment, post-judgment fees are provided by law. (Berti v. Santa Barbara Beach Properties (2006) 145 Cal.App.4th 70, 77.)

The Court’s Decision

The “black letter law” is that the major factors to be considered by a trial court in fixing reasonable attorney fees include the nature of the litigation and its difficulty; the amount involved; the skill required and the skill employed in handling the litigation; the attention given; the success of the attorney's efforts and his or her learning, age, and experience in the particular type of work demanded; the intricacies and importance of the litigation; the labor and the necessity for skilled legal training and ability in trying the cause; and the time consumed. When the trial court is informed of the extent and nature of the services rendered, it may rely on its own experience and knowledge in determining their reasonable value. Moreover, the exercise of sound discretion by the trial court in the matter of attorney fees includes also judicial evaluation of whether counsel's skill and effort were wisely devoted to the expeditious disposition of the case.

Attorney’s fees are affected by rules covering many types of claims. (e.g., Code of Civ. Proc., § 425.16(c) (“a prevailing defendant on [an anti-SLAPP motion] shall be entitled to recover his or her attorney's fees and costs.”); Code of Civ Proc., § 1717 (attorney’s fees on any action on a contract); Ketchum v. Moses (2001) 24 Cal.4th 1122, 1141 (in FEHA matters, “fees recoverable... ordinarily include compensation for all hours reasonably spent....”).)

The requirements vary by rule and must be looked into.

For example in anti-SLAPP matters the trial court is not constrained by the amount sought by the successful moving parties, but is obligated to award “reasonable attorney fees under section 425.16 [that] adequately compensate[] them for the expense of responding to a baseless lawsuit.” (Robertson v. Rodriguez (1995) 36 Cal.App.4th 347, 361-362; see also Dove Audio, Inc. v. Rosenfeld, Meyer & Susman (1996) 47 Cal.App.4th 777, 785.) The fees awarded should include services for all proceedings, including discovery initiated by the opposing party directly related to the special motion to strike. (Tuchscher Development Enterprises, Inc. v. San Diego Unified Port Dist. (2003) 106 Cal.App.4th 1219, 1248.)

Useful Resources for Motion for Attorney's Fees

Recent Rulings on Motion for Attorney's Fees

(NO CASE NAME AVAILABLE)

.: BC659102 Hearing Date: January 22, 2021 [TENTATIVE] RULING RE: dEFENDANTS’ MOTION FOR rECONSIDERATION OF RULING ON PLAINTIFF’S MOTION FOR ATTORNEYSFEES dEFENDANT jOHN bACHSIAN’S MOTION FOR ATTORNEYSFEES DEFENDANTS’ MOTION TO TAX COSTS Plaintiff Nigel Hudson’s MOTION TO TAX COSTS Moving Defendants’ Motion for Reconsideration is DENIED. Defendant John Bachsian’s Motion to Tax Costs is DENIED. Moving Defendants’ Motion for AttorneysFees is CONTINUED until March3,2021.

  • Hearing

    Jan 22, 2021

CITY NATIONAL BANK, CONSERVATOR OF THE ESTATE OF THOMAS B. WHITE VS OAKS OF RIGHTEOUNESS MINISTRY INC.

MOTION FOR ATTORNEYSFEES Soleimani asks for $36,463.00 in fees as a baseline lodestar amount, a 2x lodestar multiplier on those fees, and costs and expenses in the amount of $1,105.97, for a total award of $74,031.97. (Motion at p. ii.) Parties to litigation must generally bear their own attorney’s fees, unless they otherwise agree. (Code Civ. Proc. § 1021.)

  • Hearing

    Jan 21, 2021

GEORGE SANTOPIETRO VS JAMES HARDEN, ET AL.

Accordingly, Plaintiff and Cross-Defendant George Santopietro’s Motion for AttorneysFees against Jeff Wiseman and Solimar Management LLC is GRANTED. The Court reduces the attorneys fee award by $12,576, for a total award of $68,677. DATED: January 21, 2021 _____________________________ Hon. Robert S. Draper Judge of the Superior Court

  • Hearing

    Jan 21, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

(NO CASE NAME AVAILABLE)

A motion for attorneysfees must be filed and served with the time for filing a notice of appeal under Cal. Rules of Court Rule 8.822. (Cal. Rules of Court Rule 3.1702, subd. (a).) Cal. Rules of Court Rule 8.822 states that an attorneys’ fees motion must be filed within either (1) 30 days after the trial court clerk served the party filing the motion with notice of entry of judgment; or (2) 90 days after entry of judgment. (Cal. Rules of Court 8.822(1).)

  • Hearing

    Jan 20, 2021

(NO CASE NAME AVAILABLE)

MOTION FOR ATTORNEYSFEES (CCP §§ 1032, 1033.5, 1717; CRC Rule 3.1702) TENTATIVE RULING: Plaintiff Law Offices of Marlo Van Oorschot, APLC’s Motion for Attorney Fees is PLACED OFF CALENDAR. ANALYSIS: Plaintiff Law Offices of Marlo Van Oorschot, APLC (“Plaintiff”) filed the instant action for breach of consulting agreement against Defendant Joseph Daneshrad (“Defendant”) on February 14, 2012.

  • Hearing

    Jan 19, 2021

SUREN SAHAKYAN VS LOS ANGELES CIVIL SERVICE COMMISSION, RESPONDENT, ET AL.

Conclusion Sahakyan’s motion for attorneysfees is denied.

  • Hearing

    Jan 19, 2021

  • Type

    Other

  • Sub Type

    Intellectual Property

RANCHO EL DORADO HOMEOWNERS ASSOCIATION VS FAVIO DE MARCO

Finally, with respect to the instant motion for attorneysfees, Baillio spent 2.4 hours for which he charged $720.00. (Id. at ¶14.) The total amount of attorneys’ fees Plaintiff incurred, therefore, is $2,850.00. Plaintiff also incurred costs, mostly from filing and service fees, in the amount of $1,320.60. (Id. at ¶16 and Exh. A.) Based on the above evidence, the court finds that that the hours spent and rates charged were reasonable.

  • Hearing

    Jan 19, 2021

PEAK FORECLOSURE SERVICES VS BAYVIEW LOAN SERVICING LLC ET A

BS157001 Bayview Loan Servicing, LLC’s Motion for AttorneysFees TENTATIVE RULING Bayview Loan Servicing, LLC’s Motion for AttorneysFees is granted. Defendant moves for an award of attorney’s fees on appeal in the amount of $17,765.00 as the prevailing party on appeal pursuant to Civil Code § 1717. Here, moving party prevailed on appeal and was awarded costs on appeal. An award of appellate costs does not preclude a party from seeking attorney fees.

  • Hearing

    Jan 19, 2021

  • Type

    Real Property

  • Sub Type

    other

(NO CASE NAME AVAILABLE)

Finally, with respect to the instant motion for attorneysfees, Baillio spent 2.4 hours for which he charged $720.00. (Id. at ¶14.) The total amount of attorneys’ fees Plaintiff incurred, therefore, is $4,950.00. Plaintiff also incurred costs, mostly from filing and service fees, in the amount of $973.03. (Id. at ¶16 and Exh. A.) Based on the above evidence, the court finds that that the hours spent and rates charged were reasonable.

  • Hearing

    Jan 19, 2021

THOMAS JUNG VS BMW OF NORTH AMERICA, LLC, ET AL.

.: 19STCV46665 Hearing Date: January 15, 2021 [TENTATIVE] RULING RE: PLAINTIFF thomas jung’s MOTION FOR ATTORNEYSFEES and COSTS Plaintiff Thomas Jung’s Motion for AttorneysFees and Costs is GRANTED in the amount of $14,647.50 in attorneys’ fees and $6,744.30 in costs. FACTUAL history This is a lemon law action.

  • Hearing

    Jan 15, 2021

ANCHOR R&R, LLC VS. THE ESTATES AT MONARCH COVE COMMUNITY ASSOCIATION

Defendant/Respondent Estates at Monarch Cove Community Association's Motion for Attorneys Fees and Costs on Appeal Defendant Estates at Monarch Cove Community Association’s unopposed motion for attorney fees and costs on appeal is GRANTED as modified below. Upon review of the moving papers, the Court awards a total of $38,045.78 in fees and costs (of the $38,340.78 requested). The Association prevailed on appeal against Plaintiff Anchor R&R, LLC in a matter involving the enforcement of CC&Rs.

  • Hearing

    Jan 15, 2021

SANTANDER CONSUMER USA INC., VS CHRIS OSITI DRATI, ET AL.

Attorneys’ fees may be sought pursuant to a noticed motion for attorneysfees. Plaintiff is ordered to give notice of this ruling.

  • Hearing

    Jan 14, 2021

  • Type

    Collections

  • Sub Type

    Promisory Note

SECOND GENERATION INC VS KODY BRANCH OF CALIFORNIA INC ET AL

On August 3, 2020, the Court granted SecGen’s Motion for AttorneysFees. On October 26, 2020, SecGen filed the its Motion to Amend Judgment to add additional entities based on an alter ego theory.

  • Hearing

    Jan 14, 2021

HAZE VS WHITESAILS COMM ASSOC

Motions: Respondent Whitesails Community Association's Motion for Attorneys' Fees Petitioners Suzan L. Fairly Haze and Robert Haze's Motion to Tax Costs The Court intends to DENY Respondent Whitesails Community Association's Motion for Attorneys' Fees pursuant to Civil Code section 5975, subdivision (c). Civil Code section 5975, subdivision (c) provides that: "In an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney's fees and costs."

  • Hearing

    Jan 12, 2021

ARMEN SAVADIAN VS BMW OF NORTH AMERICA, LLC, ET AL.

On November 30, 2020, Plaintiff also filed the instant motion for attorneysfees and costs in the amount of $34,066.67. On December 16, 2020, Defendants BMW of North America, LLC and Finchey Corporation of California, dba Pacific BMW filed the instant motion to strike Plaintiff’s memorandum of costs. ANALYSIS: I. Motion for AttorneysFees and Costs A.

  • Hearing

    Jan 12, 2021

  • Type

    Contract

  • Sub Type

    Breach

CARSON WILD WINGS, LLC VS LEBE LAW, A PROFESSIONAL LAW CORPORATION, ET AL.

MOTION FOR ATTORNEYSFEES Bustarde asks for $15,633.65 in fees and costs against Carson after prevailing against Carson’s claims in an anti-SLAPP motion. (Motion at p. 1.) Code of Civil Procedure § 425.16, subd. (c)(1) states that “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs.”

  • Hearing

    Jan 12, 2021

LOREN ROBINSON VS CITY OF INGLEWOOD

Conclusion Robinson’s motion for attorneysfees is granted. The court will discuss with counsel at hearing whether $2700 should be removed from the $70,924 lodestar.

  • Hearing

    Jan 12, 2021

  • Type

    Administrative

  • Sub Type

    Writ

EHAB ATALLA ET AL VS ARTASHES AMBARTSUMYAN

On 10/29/2020, Defendant filed the instant Motion for AttorneysFees (“Motion”). Pursuant to Civil Code section 1717, Code of Civil Procedure sections 998, 1032, 1033.5, and California Rules of Court, rule 8.278, Defendant requests attorneys’ fees in the amount of $22,075 on the grounds that Defendant was the prevailing party in the action and on appeal. I.

  • Hearing

    Jan 12, 2021

ILIANA PORTILLO MOLINA VS MERCEDES-BENZ USA, LLC, A DELAWARE LIMITED LIABILITY COMPANY,, ET AL.

.: 20STCV13679 Hearing Date: January 12, 2021 Plaintiff Iliana Portillo Molina’s unopposed motion for attorneysfees and costs is granted in the reduced total amount of $24,030.47.

  • Hearing

    Jan 12, 2021

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ERNEST L JARRETT VS DALE K. GALIPO, ET AL.

Jarrett’s Motion for AttorneysFees Pursuant to 42 U.S.C. § 1988” filed February 11, 2019 in the Underlying Action); Granted as to Exhibit F (i.e., complaint filed February 6, 2019 in case styled Jarrett, et al. v.

  • Hearing

    Jan 12, 2021

ALFRED DARYL CLEVELAND VS CURRENCY CORPORATION ET AL

Plaintiff clarifies that “[t]his Motion does not seek any attorney fees which are subject to the pending Motion for AttorneysFees on Appeal filed September 24, 2019, or the Renewed Motion for AttorneysFees (from March 10, 2016) filed October 11, 2019.”

  • Hearing

    Jan 11, 2021

CHRISTIAN MORAN CAMPUZANO VS CLASSIC DISTRIBUTING AND BEVERAGE GROUP, INC., A CALIFORNIA CORPORATION

Plaintiff is also incorrect on the costs and fees issue because the Revised Agreement states “if Classic or I prevail on a statutory claim which allows the prevailing party to recover attorneys’ fees and litigation costs, the arbitration shall rule upon a motion for attorneysfees and costs under the same standards a court would apply under applicable law.” (Ibid.)

  • Hearing

    Jan 11, 2021

  • Type

    Employment

  • Sub Type

    Other Employment

KATHLEEN SAIN VS AMY LEVAN, ET AL.

Plaintiff’s makes evidentiary objections to Defendants’ for Judicial Notice in support of their Motion for AttorneysFees. Plaintiff’s objections 1 – 6 are overruled. Defendant’s request for judicial notice is GRANTED. As these materials reflect court records, which are properly subject to judicial notice, the court grants Defendant’s request for judicial notice as to the existence of these documents. The truth of allegations made in these Court documents are not judicially noticeable.

  • Hearing

    Jan 08, 2021

  • Type

    Real Property

  • Sub Type

    other

JONATHAN C ROSEN ET AL VS DALE REICHENEDER LAW GROUP ET AL

Reicheneder Defendants argue that their request for attorney fees was timely, as the Memorandum of Costs was filed on July 13, 2020 and Motion for Attorneys' Fees and Costs was filed on November 10, 2020, both within 60 days of the Remittitur served on October 07, 2020. Reicheneder Defendants further argue that the attorney fees and costs requested are reasonable.

  • Hearing

    Jan 08, 2021

SWIFT FINANCIAL, LLC VS. RESURGENCE BEHAVIORAL HEALTH

Upon entry of judgment, Petitioner may seek fees and costs incurred in this action by memorandum of costs and motion for attorneysfees. A petition to confirm an arbitration award must be filed within four years from the date of service of a signed copy of the arbitration award upon the petitioner and at least 10 days after service of the award upon the petitioner. Code Civ. Proc. §§ 1288, 1288.4.

  • Hearing

    Jan 08, 2021

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