Case Number: 19STCP00239 Hearing Date: March 02, 2020 Dept: 25

MOTION FOR ATTORNEYS’ FEES AND COSTS

(CCP §§ 685.040, 685.080, 1033.5)

TENTATIVE RULING:

Plaintiff Amber Ridge Homeowners Association’s Motion for Attorney’s Fees and Costs is GRANTED in the amount of $3,117.75.

ANALYSIS:

Background

On February 6, 2014, the Justice Court of South Mountain Precinct of the County of Maricopa, State of Arizona, entered a Judgment in favor of Plaintiff Amber Ridge Homeowners Association (“Plaintiff”) and against Defendants Renee Allred and John Doe Allred whose true name is Greg Lanham (collectively, “Defendants”). Judgment was entered in the amount of $2,626.80, which included a principal amount of $1,678.14, attorneys’ fees of $600.00, and costs of $348.66. (Request for Judicial Notice (“RJN”), Exh. 2, p. 1-2.) The Court also awarded all “all costs and attorney fees incurred by Plaintiff after submission of this judgment and for entry by the Court in collecting the amounts listed in this Judgment.” (Id. at p. 2.)

On January 14, 2019, Plaintiff domesticated the Judgment in California in the amount of $7,158.16.

On July 29, 2019, Plaintiff filed the instant Motion of Amber Ridge Homeowners Association for Attorneys’ Fees and Costs (the “Motion”) and Request for Judicial Notice. To date, no opposition has been filed.

Request for Judicial Notice

Plaintiff requests the Court take judicial notice of: (1) the relevant excerpts of the Declaration of Covenants, Conditions, Restrictions, and Easements for Crossings at Amber Ridge recorded in the Maricopa County, Arizona Recorder’s office, Instrument No. 2003-1066135, (2) a copy of the Judgment entered in the South Mountain Justice Court, County of Maricopa, State of Arizona entitled Amber Ridge Homeowners Association v. Renee Allred and John Doe Allred, whose true name is Greg Lanham, wife & Husband, Cyan A. Thor and Jane Doe Thor, husband and Wife, Case No. CC2011-213162, and (3) a copy of the sister state Judgment domesticated in California against Defendants, Case No. 19STCP00239.

Plaintiff’s request is GRANTED. (Evid. Code, § 452, subd. (d).)

Legal Standard

The Court’s objective is to award attorney’s fee at the fair market value based on the particular action. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132.) “The reasonable hourly rate is that prevailing in the community for similar work.” (PLCM Group v. Drexler (2000) 22 Cal.4th

1084, 1095.) “‘[T]he fee setting inquiry in California ordinarily begins with the ‘lodestar,’ i.e., the

number of hours reasonably expended multiplied by the reasonable hourly rate . . . .’” (Ketchum

v. Moses (2001) 24 Cal.4th 1122, 1134.) The lodestar method is based on several factors, as relevant

to each particular case: “(1) the novelty and difficulty of the questions involved, (2) the skill

displayed in presenting them, (3) the extent to which the nature of the litigation precluded other

employment by the attorneys, (4) the contingent nature of the fee award.” (Id. at 1132.) “The

‘‘experienced trial judge is the best judge of the value of professional services rendered in his

court, and while his judgment is of course subject to review, it will not be disturbed unless the

appellate court is convinced that it is clearly wrong.’’” (Id.) A negative modifier is appropriate

when duplicative work is performed. (Thayer v. Wells Fargo Bank, N.A. (2001) 92 Cal.App.4th 819.)

Code of Civil Procedure, section 685.070, subdivision (a) states in pertinent part: “The judgment creditor may claim under this section the following costs of enforcing a judgment: . . . (6) Attorney’s fees, if allowed by Section 685.040.” Code of Civil Procedure section 685.040 provides that a “judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment.” Attorney’s fees incurred in enforcing a judgment are expressly excluded unless otherwise provided by law. (Id.) Attorney’s fees that are incurred in enforcing a judgment are collectible as costs “if the underlying judgment includes an award of attorney’s fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of section 1033.5” which allows for attorney’s fees when authorized by contract. (Id; Code Civ. Proc., § 1033.5, subd. (a)(10)(A).)

In addition, Code of Civil Procedure, section 685.080 subdivision (b) requires that:

“[t]he notice of motion shall describe the costs claimed, shall state their amount, and shall be supported by an affidavit of a person who has knowledge of the facts stating that to the person’s best knowledge and belief the costs are correct, are reasonable and necessary, and have not been satisfied. The notice of motion shall be served on the judgment debtor. Service shall be made personally or by mail.”

Discussion

Here, because the Judgment from the underlying action provided for “all costs and attorney fees incurred by Plaintiff after submission of this judgment,” Plaintiff is entitled to attorneys’ fees and costs incurred in enforcing its Judgment pursuant to Code of Civil Procedure section 685.040.

Plaintiff submits a declaration from its attorney, B. Austin Baillio (“Baillio”) in support of its request for attorneys’ fees and costs. Baillio has spent a total of 5.6 hours in collection efforts billed at his hourly rate of $300.00 per hour and Attorney Emily Cooper has spent .1 hour of attorney time in collection efforts billed at $275.00 per hour. (Mot., Baillio Decl., ¶ 6-7, 8, 10, 12, Exh. A.) Fees include two flat fees of $450.00 incurred for the preparation of a writ of execution and an earnings withholding order. (Id. at ¶ 8.)

Attorneys’ fees incurred to date, including the anticipated fee of $120.00 for the hearing on this Motion, total $2,607.50 and costs total $510.25. (Id. at ¶¶ 13-14, Exh. A.) In reviewing the billing records, the Court finds that the rate charged is reasonable and that the hours charged were reasonably expended in collection efforts in Plaintiff’s interest.

Accordingly, the Court GRANTS Plaintiff’s request for $2,607.50 in attorneys’ fees and $510.25 in costs.

Conclusion & Order

For the foregoing reasons, Plaintiff Amber Ridge Homeowners Association’s Motion for Attorney’s Fees and Costs is GRANTED in the amount of $3,117.75.

Moving party is ordered to give notice.