Re: Universal General Holdings, LLC v. Jon Kibbie (16UR1409)

MOTION TO DETERMINE PREVAILING PARTY AND FIX ATTORNEY’S FEES

Moving Party: Defendant John Kibbie

Respondent: Plaintiff Universal General Holdings, LLC

POS: (Continued from 10/23/18)

This was an unlawful detainer (“UD”) action involving the premises located at 1511 W. 2nd Street #B in Pomona. On 6/9/16, plaintiff filed its UD complaint against John Kibbie (“Kibbie”). This matter proceeded to bench trial on 7/7/16; that day, judgment was entered for Kibbie and against plaintiff, with “[a]ttorney’s fees to be awarded by way of noticed motion.”

On 7/29/16, plaintiff filed its “Notice of Appeal.” On 11/14/16, the court granted Kibbie’s motion to determine prevailing party and fix attorney’s fees. On 7/9/18, the superior court appellate division issued its opinion. On 9/10/18, a remittitur was issued.

Defendant Jon Kibbie (“Kibbie”) now moves per Civil Code § 1717 and the parties’ written contract, for an award of attorney’s