17-CIV-02547 DERRICK BURNS, ET AL. VS. SUNEET SINGAL, ET AL.

DERRICK BURNS SUNEET SINGAL
ADAM M. FOREST ROBERT M. MERRITT

PLAINTIFFS DERRICK BURNS AND VINCE NAKAYAMA’S MOTION FOR ATTORNEY FEES AND COSTS TENTATIVE RULING:

Plaintiffs/Judgment Creditors Derrick Burns’ and Vince Nakayama’s “Motion for Attorney’s Fees and Costs,” filed 9-27-19, is GRANTED-IN-PART, in the amount of $48,787.50. Defendants/Judgment debtors do not dispute that the 12-24-18 Stipulated Judgment entitles Plaintiffs to recover reasonable attorney’s fees incurred in enforcing the Judgment. 9-27-19 Forest Decl., Ex. A; see also Code Civ. Proc. § 685.080. Without repeating the details of Plaintiffs’ collection efforts, the Court agrees Judgment debtors have themselves to blame for the post-Judgment fees incurred. See, generally, 9-27-19 Forest Decl.; 11-13-19 Reply brief at 2-3; 5-30-19 Minute Order. The Court finds the claimed attorney’s fees are sufficiently documented/supported. 9-27-19 Forest Decl., ¶22, Ex. L. Defendants cite no authority requiring Plaintiffs to attach the actual invoices sent to the client rather than the billing statement that was filed, nor a requirement to provide proof that the incurred fees were paid by the client. The Court finds the $375/hr. rates charged by attorneys Forest, Yuen, and Snyder are reasonable. The Court also finds that Mr. Forest’s time spent communicating with counsel in the JFURTI matter, and his attendance at Mr. Singal’s debtor’s examination, were reasonably related to the collection efforts and are recoverable. 9-27-19 Forest Decl., ¶¶6-12.

Plaintiffs seek $53,287.50 in fees. 9-27-19 Forest Decl. Ex. L. The Court will reduce the recoverable hours spent on this motion by 12 hrs. (down from 28.6 hrs. to 16.6 hrs.), which reduces the claimed fees by $4,500 (12 hrs. x $375/hr. = $4,500). This reduces the $53,287.50 in fees down to $48,787.50 ($53,287.50 – $4,500 = $48,787.50).

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiffs 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.