Case Number: 18PDUD02858 Elmer 180, LLC v. Urizar, etc. et. al
2/8/2019 Plaintiff’s Motion for Attorney’s Fees
TENTATIVE RULING
Elmer 180, LLC is awarded attorney’s fees in the amount of $26,880 as against defendants Urizar and Miranda, jointly and severally. Award is based upon the lodestar amount calculated for the 76.8 hours of attorney time spent by Plaintiff’s counsel on this matter at the reasonable hourly rate of $350 per hour. The award is made pursuant to CC §1717, CCP §1032(a)(4) and §1033.5(a)(10). Plaintiff to submit an amended judgment indicating this award within 5 days. OSC Re: Entry of Amended Judgment is set for hearing on 3/7/2019 at 8:30 a.m. in Dept. 46.
Defendant’s contentions in the opposition regarding Civil Code §1632(b), unconscionability, and improper claim for liquidated damages were waived as these were unpled affirmative defenses and Plaintiff was not placed on notice prior to trial that a Spanish translation of the lease or request for rescission was a
Hearing Date
February 08, 2019
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Case Number: 18PDUD02858 Elmer 180, LLC v. Urizar, etc. et. al
2/8/2019 Plaintiff’s Motion for Attorney’s Fees
TENTATIVE RULING
Elmer 180, LLC is awarded attorney’s fees in the amount of $26,880 as against defendants Urizar and Miranda, jointly and severally. Award is based upon the lodestar amount calculated for the 76.8 hours of attorney time spent by Plaintiff’s counsel on this matter at the reasonable hourly rate of $350 per hour. The award is made pursuant to CC §1717, CCP §1032(a)(4) and §1033.5(a)(10). Plaintiff to submit an amended judgment indicating this award within 5 days. OSC Re: Entry of Amended Judgment is set for hearing on 3/7/2019 at 8:30 a.m. in Dept. 46.
Defendant’s contentions in the opposition regarding Civil Code §1632(b), unconscionability, and improper claim for liquidated damages were waived as these were unpled affirmative defenses and Plaintiff was not placed on notice prior to trial that a Spanish translation of the lease or request for rescission was a