2012-00137694-CU-PT
Bob Pellegrini vs. Louis B Garcia
Nature of Proceeding:
Filed By:
Motion for Attorney’s Fees
Goudy, Mark F.

Petitioner Bob Pellegrini’s (“Pellegrini”) motion for attorneys’ fees after order releasing
of property from design professional’s lien (Civ. Code section 8488(c) is ruled upon as
follows.

Respondent Louis B. Garcia’s (“Garcia”) request for judicial notice is granted as to Exhibit 1, but denied as to Exhibit 2.
Civ. Code section 8488(c) provides that a party prevailing on a petition to release
property from a design professional’s lien is entitled to reasonable attorneys’ fees.

On December 24, 2013, this Court granted Pellegrini’s Petition For Release of
Property from Design Professional’s Lien.

Pellegrini seeks the following costs:

· $4,118.75 in attorneys fees up to the filing of the motion ($1630 for fees incurred by
Pellegrini’s former counsel, Edward Misleh, plus $2,488.75 for fees incurred by
Pellegrini’s current counsel [9.05 hours x $275/hr].)

· $113 in costs ($26 for certification of order, plus $27 for recording of the order, plus
$60 filing fee)

· $550 in attorneys fees for the reply/hearing and $53 post judgment costs for
certification of the order releasing the lien and recordation of the same.

The total amount Pellegrini seeks is $4834.75.

Garcia argues that costs should be denied because Pellegrini could have brought the
action in small claims because Pellegrini purportedly knew that he could only expect to
recover about $5000. (Opposition, 6:3-20 [citing CCP section 1033(b).) However, as
Pellegrini notes in his reply, the lien filed by Garcia was in excess of $50,000. Thus, it
does not appear that Pellegrini could have brought the action in small claims court.
Garcia also argues that the fees are excessive, however, he has not specified
why/how the fees are excessive.

As the prevailing party, Pellegrini is entitled to reasonable attorneys’ fees.

The Court, however, declines to award $1630 for the fees incurred by Pellegrini’s
former counsel Edward Misleh. Pellegrini has not proffered evidence of Mr. Misleh’s
hourly rate nor his legal experience, thus, the Court cannot determine whether Mr.
Misleh’s rates are reasonable.

The court also declines to award the $550 for purported fees incurred for filing the
reply and hearing. Pellegrini’s counsel did not submit a reply declaration indicating the
amount of time he spent on the reply, thus, the Court cannot determine whether the
$550 is reasonable.

The Court lastly notes that Pellegrini also appears to charge Garcia twice for post
judgment costs for certification of the order releasing the lien and recordation of the
same. Thus, the amount is further reduced by $53.

The motion is GRANTED in the amount of $2601.75.

The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or further notice is required.