Case Name: George Kuo vs Smataics, LLC et al
Case No.: 16CV297762

Plaintiff George Kuo seeks an award of attorney fees and related expenses associated with his attempts to enforce the judgment against the Defendants in this action, which now includes Defendants Smataics, LLC, Smartaics Company, a corporation, and Lesley Chisenga. After Lesley Chisenga repeatedly thwarted collection of the judgment originally entered against Smataics, LLC, only, the Court ordered that both Smartaics and Chisenga were added as Judgment Debtors. Plaintiff seeks a total of $22,050 plus costs of $2,108.79. The motion was timely and properly served, and is unopposed.
Plaintiff seeks attorney fees under Labor Code section 98.2, which provides that “[t]he judgment creditor, or the Labor Commissioner as assignee of the judgment creditor, is entitled to court costs and reasonable attorney’s fees for enforcing the judgment that is rendered pursuant to this section.” Accordingly, Plaintiff is entitled to recover costs and reasonable attorney fees incurred in this action to enforce the judgment.
As noted above, Plaintiff seeks $22,050 in attorney fees, based on a total of 63 hours at the rate of $350 per hour.

A party challenging an award of fees has a burden to show do more than simply argue that the fees claimed are excessive: such a challenge must be specific and supported by relevant evidence. (Premier Med. Mgmt. Sys., Inc. v. California Ins. Guar. Ass’n (2008) 163 Cal.App.4th 550, 564.) Here, as no opposition has been filed, Defendant has not met his burden to support a claim that the fees are excessive.

The attorney fees that may be awarded are those fees that the court deems to be reasonable. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132.) In fixing a reasonable fee, the court computes the lodestar figure—a calculation based on the number of hours reasonably expended multiplied by the relevant hourly rate.
The Court finds that the hourly rate charged is reasonable and within the market rates prevalent in the community where the court is located for similar work. Moreover, the Court finds that the number of hours sought were reasonably and necessarily incurred. This case has been assigned to this Court since its inception. The Court has observed the efforts at collection that have been required and made more difficult due to Defendant’s refusal to comply with his obligation to pay the judgment.
Accordingly, the motion for attorney fees and costs is GRANTED. Plaintiff shall prepare an order granting the motion, and a separate amended judgment to include the amount of attorney fees and costs.