On February 11, 2019 a
Order
was filed
involving a dispute between
Toor Village, Llc,
and
Chin S. Chen, D.D.S.,
Fatemeh Hajihossein, D.D.S.,
for Civil-Roseville
in the District Court of Placer County.
Preview
CHAD M. LEW, SBN: 199723.
McCormick, Kabot, Jenner & Lew FILE dD
i { Californt
A Professional Corporation Superior Cour Placer.
04:19
4010 S. Demaree Street
Visalia, California 93277 OCT 05 2020
Telephone: (559) 734-6729 ake Chatters
7/2020
Facsimile: (559) 734-8762 tive Officer & Clerk
By: O. Lucatuorto, Deputy
Attorney for Plaintiff, TOOR VILLAGE, LLC.
09/1
SUPERIOR COURT OF CALIFORNIA
Received
COUNTY OF PLACER
Electronically
TOOR VILLAGE, LLC, Case No.: MCV00726152Z
meagre
II
Plaintiff, ORDER GRANTING MOTION
- FOR ATTORNEY FEES
PURSUANT TO CIVIL CODE
13 FATEMEH HAJIHOSSEIN, DDS _ , alae
CHIN S. CHEN, D.D.S. , AND DOES
14 1 through 50, inclusive, Bane: August 7, 2020
Time: 8:30 a.m.
15
Defendants.
Dept: Dept. 3, Historic Courthouse,
Auburn CA
Complaint filed: February 11,
2019
Trial: December 5, 2019
The motion of Plaintiff, Toor Village, LLC, a California
limited liability company, for attorney fees pursuant to Civil Code
23
§ 1717 came on for hearing in Department of this Court on August
24
7, 2020, at 8:30 a.m. Neither party having given notice of intent
25
to submit oral argument concerning the Court’s tentative ruling,
26
the tentative ruling, listed below, is adopted as the Court final order
27
28
ORDER GRANTING MOTIONFOR ATTORNEY FEES
PURSUANT TO CIVIL CODE§ 1717
as follows:
As a preliminary matter, due to the
unavailability of the judicial officer who
presided over trial in this action,
plaintiff’s motion for attorneys’ fees is
being heard by the Honorable Michael W.
Jones. Plaintiff's motion for attorneys’
fees is granted as set forth below.
Plaintiff is the prevailing party in this
10 contract action as judgment was entered in
11 its favor on January 2, 2020. Defendant
concedes that plaintiff is entitled to
reasonable attorneys’ fees pursuant to Civil
Code section 1717 based on the attorneys’
fees provision in the subject lease. Fee
setting typically begins with the “lodestar”
- i.e., a touchstone figure based on the
number of hours reasonably expended
multiplied by the reasonable hourly rate.
PLCM Group, Inc. v. Drexler (2000) 22
Cal.4th 1084, 1095-1097. Plaintiff seeks
fees totaling $18,457.50, at the requested
23 billing rate of $200 per hour for counsel,
24 and $75 per hour for a paralegal. “The
25 reasonable hourly rate is that prevailing in
26 the community for similar work.” Id. at
27 1095. The court finds that the requested
28 billing rates are reasonable in light of the
ORDER GRANTING MOTIONFOR ATTORNEY FEES
PURSUANT TO CIVIL CODE§ 1717
billing rates prevailing in the community
for similar services. Turning to the number
of hours expended, the court has carefully
reviewed the moving and opposing papers, and
the entire file in this action. Based upon
that review, the court awards plaintiff
reasonable attorneys’ fees totaling $16,000
Me Alf
SO ORDERED
DATE: /g- 5 “AO
sD y OF THE SYPERIOR COURT
hg TO FORM / Michae W. ls
Jone
With A Te 2
Michael Pazdernik, /
Attorney for Defendant
FATEMEH HAJIHOSSEIN, D.D.S.
20
21
22
23
24
25
26
27
28
ORDER GRANTING MOTIONFOR ATTORNEY FEES
PURSUANT TO CIVIL CODE§ 1717
Document Filed Date
October 05, 2020
Case Filing Date
February 11, 2019
Status
Closed Judgment: Court Finding 12/05/2019
For full print and download access, please subscribe at https://www.trellis.law/.