Martinez v. Gonzalez, et al.

MOTION FOR ATTORNEY’S FEES; MOTION TO TAX COSTS

(Civ. Code § 52(a); Cal. Rules of Court Rule 3.1702)

TENTATIVE RULING:

Plaintiff Julio Martinez’s Motion for Attorney Fees is GRANTED IN THE AMOUNT OF $950.00.

ANALYSIS:

On August 28, 2018, Plaintiff Julio Martinez (“Plaintiff”) filed the instant action for discrimination on the basis of disability against Defendants Elgio Gonzalez and Isabel M. Gonzalez (“Defendants”). Following Defendants’ failure to file a responsive pleading, Plaintiff obtained default judgment against on February 8, 2019 in the amount of $4,000.00 principal and $800.00 attorney fees. Plaintiff’s request for costs of $514.94 were not included in the judgment.

On March 25, 2019, Plaintiff filed an appeal with respect to the lack of costs in the judgment. On February 11, 2020, the Appellate Division issued a remittitur ordering the Court to determine the legitimacy of the costs sought. (Remittitur, filed 2/11/20, p. 5:4-8.)

Plaintiff