Case Information

19-CLJ-01802 | BLUEWAVE HOME SOLUTIONS, LLC vs. MONTE MANIZ, II

Case Number
19-CLJ-01802

Court
Civil Limited 10k to 25k

File Date
03/28/2019

Case Type
(26) Limited Other Real Property – 10,000 -25,000

Case Status
Active

Party
Plaintiff
BLUEWAVE HOME SOLUTIONS, LLC

Active Attorneys

Lead Attorney
RYAN, PETE
Retained

Defendant
MANIZ, MONTE, II

Aliases
DBA PARAMOUNT BUILDERS

Cause of Action

File Date
Cause of Action
Type
Filed By
Filed Against
03/28/2019 Petition Action BLUEWAVE HOME SOLUTIONS, LLC
MANIZ, MONTE, II
Events and Hearings

03/28/2019 New Filed Case

03/28/2019 Civil Case Cover Sheet

Civil Case Cover Sheet

03/28/2019 Petition

Petition FOR RELEASE OF PROPERTY FROM LIEN

Comment
FOR RELEASE OF PROPERTY FROM LIEN
03/28/2019 Motion

Motion

03/28/2019 Cause Of Action

Action
PetitionFile Date
03/28/2019
04/25/2019 Memorandum of Points and Authorities in Opposition

Memorandum of Points and Authorities in Opposition RESPONDENT MONTE MANIZ II DOING BUSINESS AS PARAM

Comment
RESPONDENT MONTE MANIZ II DOING BUSINESS AS PARAMOUNT BUILDERS’ OPPOSITION TO PETITIONER’S PETITION FOR RELEASE OF PROPERTY FROM LIEN
04/25/2019 Request for Judicial Notice

Request for Judicial Notice IN SUPPORT OF RESPONDENT MONTE MANIZ II DOING BUSINESS AS PARAMOUNT BUIL

Comment
IN SUPPORT OF RESPONDENT MONTE MANIZ II DOING BUSINESS AS PARAMOUNT BUILDERS’ OPPOSITION TO PETITIONER’S PETITION FOR RELEASE OF PROPERTY FROM LIEN
04/25/2019 Proposed Order Received

Proposed Order Received DENYING PETITIONER’S PETITION FOR RELEASE OF PROPERTY FROM LIEN

Comment
DENYING PETITIONER’S PETITION FOR RELEASE OF PROPERTY FROM LIEN
04/25/2019 Declaration in Opposition

Declaration in Opposition OF KARYNE T GHANTOUS IN SUPPORT OF RESPONDENT MONTE MANIZ II DOING BUSINES

Comment
OF KARYNE T GHANTOUS IN SUPPORT OF RESPONDENT MONTE MANIZ II DOING BUSINESS AS PARAMOUNT BUILDERS’ OPPOSITION TO PETITIONER’S PETITION FOR RELEASE OF PROPERTY FROM LIEN
05/02/2019 Memorandum of Points and Authorities in Reply

Memorandum of Points and Authorities in Reply IN SUPPORT OF PETITION FOR RELEASE OF PROPERTY FROM LI

Comment
IN SUPPORT OF PETITION FOR RELEASE OF PROPERTY FROM LIEN

05/09/2019 Motion for Release

~CIV Minute Order – Motion for Release 05/09/2019

Judicial Officer
Greenberg, Susan

Hearing Time
9:00 AM

Result
Held

Comment
OF HEARING ON PETITION FOR RELEASE OF PROPERTY FROM LIEN

05/09/2019 Order

Order Type: GRANTING PETITIONER’S PETITION FOR RELEASE OF PROPERTY FROM MECHANIC’S LIEN Signed by: J

Comment
Type: GRANTING PETITIONER’S PETITION FOR RELEASE OF PROPERTY FROM MECHANIC’S LIEN Signed by: JUDGE GREENBERG Date Signed: 5/9/19
05/13/2019 Proof of Service by OVERNIGHT DELIVERY of

Proof of Service by OVERNIGHT DELIVERY of RESPONDENT MONTE MANIZ II DOING BUSINESS AS PARAMOUNT BUIL

Comment
RESPONDENT MONTE MANIZ II DOING BUSINESS AS PARAMOUNT BUILDER’S OPPOSITION TO PETITIONER’S PETITION FOR RELEASE OF PROPERTY FROM LIEN; ETC… served on L. PETER RYAN
06/12/2019 Notice of Motion and Motion for Award of Attorneys’ Fees

Notice of Motion and Motion for Award of Attorneys’ Fees AND COSTS

Comment
AND COSTS
06/12/2019 Memorandum of Points and Authorities in Support

Memorandum of Points and Authorities in Support OF PETITIONER BLUE WAVE HOME SOLUTIONS, LLC’S MOTION

Comment
OF PETITIONER BLUE WAVE HOME SOLUTIONS, LLC’S MOTION FOR ATTORNEYS’ FEES AND COSTS
06/12/2019 Declaration in Support

Declaration in Support OF PETITIONER BLUE WAVE HOME SOLUTIONS, LLC’S MOTION FOR ATTORNEYS’ FEES AND

Comment
OF PETITIONER BLUE WAVE HOME SOLUTIONS, LLC’S MOTION FOR ATTORNEYS’ FEES AND COSTS
07/11/2019 Memorandum of Points and Authorities in Opposition

Memorandum of Points and Authorities in Opposition TO PETITIONER’S MOTION FOR ATTORNEY FEES AND COST

Comment
TO PETITIONER’S MOTION FOR ATTORNEY FEES AND COSTS
07/11/2019 Request for Judicial Notice

Request for Judicial Notice IN SUPPORT OF RESPONDENT’S OPPOSITION TO PETITIONER’S MOTION FOR ATTORNE

Comment
IN SUPPORT OF RESPONDENT’S OPPOSITION TO PETITIONER’S MOTION FOR ATTORNEY FEES AN COSTS
07/11/2019 Proposed Order Received

Proposed Order Received DENYING PETITIONER’S MOTION FOR ATTORNEY FEES AND COSTS

Comment
DENYING PETITIONER’S MOTION FOR ATTORNEY FEES AND COSTS
07/11/2019 Objection

Objection TO DECLARATION OF JESSICA HUANG IN SUPPORT OF MOTION FOR ATTORNEYS FEES AND COSTS

Comment
TO DECLARATION OF JESSICA HUANG IN SUPPORT OF MOTION FOR ATTORNEYS FEES AND COSTS
07/17/2019 Memorandum of Points and Authorities in Reply

Memorandum of Points and Authorities in Reply Reply Memorandum of Points and Authorities in Support

Comment
Reply Memorandum of Points and Authorities in Support of Petitioner Blue Wave Home Solutions, LLC’s Motion for Attorneys’ Fees and Costs
07/17/2019 Declaration in Reply

Declaration in Reply Reply Declaration of Jessica Huang in Support of Petitioner Blue Wave Home Solu

Comment
Reply Declaration of Jessica Huang in Support of Petitioner Blue Wave Home Solutions, LLC’s Motion for Attorneys’ Fees and Costs
07/22/2019 Proof of Service by OVERNIGHT DELIVERY of

Proof of Service by OVERNIGHT DELIVERY of RESPONDENT MONTE MANIZ II DOING BUSINESS AS PARAMOUNT BUIL

Comment
RESPONDENT MONTE MANIZ II DOING BUSINESS AS PARAMOUNT BUILDERS’ OPPOSITION TO PETITIONER’S MOTION FOR ATTORNEY FEES AND COSTS;ETC served on SEE SERVICE LIST

07/24/2019 Motion for Attorney Fees

~CIV Minute Order – Motion for Attorney Fees 07/24/2019

Judicial Officer
Davis, III, Leland

Hearing Time
9:00 AM

Result
Held

07/24/2019 Tentative ruling adopted and becomes order:

Comment
PETITIONER BLUE WAVE HOME SOLUTIONS, LLC’S MOTION FOR ATTORNEY FEES AND COSTS. Petitioner Blue Wave Home Solutions, LLC’s (“Petitioner”) Motion for Attorney Fees and Costs is DENIED, WITHOUT PREJUDICE. Respondent Monte Maniz II dba Paramount Builders’ (“Respondent”) objection is OVERRULED. (See Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (Rutter, Jun. 2019 Update) 9:102.6.) Respondent’s Request for Judicial Notice is GRANTED, BUT NOT FOR THE TRUTH OF THE MATTERS ASSERTED THEREIN, as to: (1) Request no. 1 (Petition filed on March 28, 2019); (2) Request no. 5 (Petitioner’s reply papers filed May 2, 2019); and (3) Request no. 6 (Court’s tentative ruling and order of May 9 and 10, 2019). Respondent’s Request for Judicial Notice is DENIED as to: (1) Request no. 2 (Petitioner’s “Opposition to Petitioner’s Motion for Attorney Fees and Costs filed April 25, 2019”); (2) Request no. 3 (“Declaration of Karyne T. Ghantous in support of [Respondent]’s Opposition to Petitioner’s Motion for Attorney Fees and Costs filed April 25, 2019”); and (3) Request no. 4 (“Request for Judicial Notice in Support of [Respondent]’s Opposition to Petitioner’s Motion for Attorney Fees and Costs filed April 25, 2019”). These filings do not exist. On April 25, 2019, Respondent filed his opposition, counsel’s declaration, and request for judicial notice in “opposition to Petitioner’s Petition for Release of Property From Lien,” and not in “opposition to Petitioner’s Motion for Attorney Fees and Costs.” Petitioner is the prevailing party on the petition and entitled to attorney fees and costs. (Civ. Code 8488, subd. (c). See also 9 Miller & Starr, Cal. Real Est. (4th ed., May 2019 Update) 32:67.) Code of Civil Procedure section 1032 is not applicable to this motion. The instant motion is not a sanctions motion. Respondent cites to no legal authority to support his argument that a fees motion brought pursuant to Civil Code section 8488, subdivision (c) is a sanctions motion. (Do It Urself Moving & Storage, Inc. v. Brown, Leifer, Slatkin & Berns (1992) 7 Cal.App.4th 27, 35, superseded by statute on other grounds in Union Bank v. Sup.Ct. (1995) 31 Cal.App.4th 573, 583 (“A point which is merely suggested by a party’s counsel, with no supporting argument or authority, is deemed to be without foundation and requires no discussion”). Accordingly, Code of Civil Procedure section 128.7 is not applicable to this motion. Petitioner has not sufficiently demonstrated the reasonableness of the fees sought. The Court finds Petitioner counsel’s declaration insufficient. (Huang Dec. ISO Atty Fees, filed Jun. 12, 2019, 7, 8.) Ms. Huang failed to provide detailed evidence of hours spent and the tasks concluded. Moreover, Ms. Huang has not established her personal knowledge for the hours billed by Mr. Ryan. Furthermore, the redacted invoices for billings incurred through April 30, 2019 are of no assistance. (Huang Dec., supra, at Ex. B.) First, the redaction of the entirety of billing descriptions based on attorney-client privilege is overbroad. (See Los Angeles County Bd. of Supervisors v. Sup.Ct. (2016) 2 Cal.5th 282, 296 (“The same is true for billing invoices. While a client’s fees have some ancillary relationship to legal consultation, an invoice listing amounts of fees is not communicated for the purpose of legal consultation. The mere fact that an attorney transmitted a communication to his or her client confidentially (in the sense that no one other than the recipient could see the communication) does not end the inquiry into whether the communication’s contents are protected by the attorney-client privilege.”).) Second, the Court declines Petitioner’s request to hold an in camera review. Third, Exhibit B does not account for any time billed by Mr. Ryan. Petitioner 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.
08/06/2019 Proposed Order Received

Proposed Order Received DENYING WITHOUT PREJUDICE PETITIONER’S MOTION FOR ATTORNEYS’ FEES AND COSTS

Comment
DENYING WITHOUT PREJUDICE PETITIONER’S MOTION FOR ATTORNEYS’ FEES AND COSTS
08/07/2019 Notice of Motion and Motion for Award of Attorneys’ Fees

Notice of Motion and Motion for Award of Attorneys’ Fees Petitioner’s Notice of Motion and Motion fo

Comment
Petitioner’s Notice of Motion and Motion for Attorneys’ Fees and Costs
08/07/2019 Memorandum of Points and Authorities in Support

Memorandum of Points and Authorities in Support Memorandum of Points & Authorities in Support of Pet

Comment
Memorandum of Points & Authorities in Support of Petitioner Blue Wave Home Solutions, LLC’s Motion for Attorneys’ Fees and Costs
08/07/2019 Declaration in Support

Declaration in Support Declaration of Jessica Huang in Support of Petitioner Blue Wave Home Solution

Comment
Declaration of Jessica Huang in Support of Petitioner Blue Wave Home Solutions, LLC’s Motion for Attorneys’ Fees and Costs
08/07/2019 Declaration in Support

Declaration in Support Declaration of L. Peter Ryan in Support of Petitioner Blue Wave Home Solution

Comment
Declaration of L. Peter Ryan in Support of Petitioner Blue Wave Home Solutions, LLC’s Motion for Attorneys’ Fees and Costs
08/13/2019 Order

Order Type: DENYING WITHOUT PREJUDICE PETITIONER’S MOTION FOR ATTORNEY’S FEES AND COSTS Signed by:

Comment
Type: DENYING WITHOUT PREJUDICE PETITIONER’S MOTION FOR ATTORNEY’S FEES AND COSTS Signed by: JUDGE DAVIS Date Signed: 8/12/19
09/19/2019 Proposed Order Received

Proposed Order Received TO CONTINUE HEARING ON PLAINTIFF’S MOTION FOR ATTORNEY FEES AND COSTS. FWD T

Comment
TO CONTINUE HEARING ON PLAINTIFF’S MOTION FOR ATTORNEY FEES AND COSTS. FWD TO DEPT. #1
09/20/2019 Stipulation & Order

Stipulation & Order Type: TO CONTINUE HEARING ON PLAINTIFF’S MOTION FOR ATTORNEY FEES AND COSTS Sign

Comment
Type: TO CONTINUE HEARING ON PLAINTIFF’S MOTION FOR ATTORNEY FEES AND COSTS Signed by: JUDGE DAVIS Date Signed: 9-20-19

09/24/2019 Motion for Attorney Fees

~CIV Minute Order – Motion for Attorney Fees 09/24/2019

Judicial Officer
Davis, III, Leland

Hearing Time
9:00 AM

Result
Held

Comment
Petitioner’s Notice of Motion and Motion for Attorneys’ Fees and Costs

09/24/2019 Tentative ruling adopted and becomes order:

Comment
PETITIONER’S MOTION FOR ATTORNEY’S FEES AND COSTS Petitioner’s motion for attorney’s fees and costs is granted in the amount of $6,918.57.
10/22/2019 Request to Vacate Hearing Received

Request to Vacate Hearing Received Blue Wave Home Solutions, LLC’s Notice to Remove Motion for Attor

Comment
Blue Wave Home Solutions, LLC’s Notice to Remove Motion for Attorneys Fees from Calendar

11/15/2019 Motion for Attorney Fees

Judicial Officer
Law and Motion, –

Hearing Time
9:00 AM

Cancel Reason
Vacated