17CV-01281 Steven Geringer vs. Bhupinder Sahota, et al.

Motion for Attorney’s Fees and Costs

The motion by defendant Bhupinder Sahota to award and fix contractual attorney fees pursuant to Civil Code section 1717 is GRANTED. The Court finds that defendant is the party prevailing on the contract for purposes of Civil Code section 1717 because defendant obtained a simple, unqualified victory by successfully demurring to the first amended complaint and thereby defeating all contract claims. (Scott Co. of Calif. v. Blount, Inc. (1999) 20 Cal.4th 1103, 1109.) The alleged contract provides for attorney fees.

The Court finds that the requested award of attorney’s fees in the amount of $4,977.50 is reasonable and fixes an award of contractual attorney’s fees in that amount. Plaintiff has not moved to strike or tax or otherwise disputed costs of $675.16 listed in defendant’s memorandum of costs, therefore the Court awards costs in that amount.

The Court will sign the proposed order submitted with the moving papers.