Defendant/Cross-Complainant JSL Plaza Puente Hills LLC’s Motion for an Order Awarding Reasonable Attorney’s Fees is GRANTED. The court awards Cross-Complainant/Defendant JSL attorneys’ fees in the amount of $45,380.00.
The lease agreement at issue contains an attorneys’ fee provision. (Decl. Ex. A at 12 § 31.) Therefore, attorneys’ fees are properly awarded pursuant to Code of Civil Procedure section 1021 as well as Civil Code section 1717(a), “[T]he party prevailing on the contract shall be the party who recovered a greater relief in the action on the contract.” (Civ. Code § 1717.) Defendant/Cross-Complainant JSL was the prevailing party. JSL seeks $49,898.00 in attorneys’ fees.
As an initial matter, the court notes that the fee request improperly includes $1,098.00 in fees to the mediator. These fees are not recoverable attorneys’ fees. The court reduces the claimed lodestar by $1,098.00.
A trial court assessing attorney fees begins with a touchstone or lodestar figure, based on t
Hearing Date
September 20, 2018
Type
Breach Rental/Lease (not UD/Evict) (General Jurisdiction)
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Defendant/Cross-Complainant JSL Plaza Puente Hills LLC’s Motion for an Order Awarding Reasonable Attorney’s Fees is GRANTED. The court awards Cross-Complainant/Defendant JSL attorneys’ fees in the amount of $45,380.00.
The lease agreement at issue contains an attorneys’ fee provision. (Decl. Ex. A at 12 § 31.) Therefore, attorneys’ fees are properly awarded pursuant to Code of Civil Procedure section 1021 as well as Civil Code section 1717(a), “[T]he party prevailing on the contract shall be the party who recovered a greater relief in the action on the contract.” (Civ. Code § 1717.) Defendant/Cross-Complainant JSL was the prevailing party. JSL seeks $49,898.00 in attorneys’ fees.
As an initial matter, the court notes that the fee request improperly includes $1,098.00 in fees to the mediator. These fees are not recoverable attorneys’ fees. The court reduces the claimed lodestar by $1,098.00.
A trial court assessing attorney fees begins with a touchstone or lodestar figure, based on t