March 12, 2019 Law and Motion Calendar PAGE 2 Judge: HONORABLE LELAND DAVIS, III, Department 1
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9:00 LINE: 1 18-CIV-00441 CITIBANK, N.A. VS. WILLIAM S. COATS, ET AL.

CITIBANK, N.A. WILLIAM S. COATS
NICHOLAS M. GROSS PRO/PER

MOTION FOR ATTORNEY FEES RELATED TO JUDGMENT ON ITS COMPLAINT BY CITIBANK, N.A. TENTATIVE RULING:

Plaintiff’s Motion for Attorney’s Fees is GRANTED, in part, in the amount of $25,361.61.

Plaintiff’s counsel, Mr. Gross, has indicated that 2.5 hours were expended on 09/13/18 to prepare for and attend the hearing on the Motion for Summary Judgment and to draft a notice of continued hearing. Mr. Gross further indicates that 5.1 hours were expended on 09/17/18 and 09/18/18 reviewing the tentative ruling and preparing for and attending the continued hearing. The hearing, however, was continued due to counsel’s failure to provide a code-compliant proof of service, and the matter was subsequently taken under submission after counsel failed to provide authority supporting a cause of action for an account stated where the underlying debt is evidenced by a promissory note. Because the time spent preparing for and attending the continued hearing was duplicative, the Court declines to award fees for the 5.1 hours expended on 09/17/18 and 09/18/18.

Mr. Gross also indicates that 9 hours will be spent preparing this motion (5), reviewing the opposition brief (2) and preparing for and attending the hearing (2). However, no opposition has been filed and attendance at the hearing will likely not be necessary. Accordingly, the Court declines to award fees for those activities.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.