Category Archives: Nevada County Superior Court Tentative Ruling

Inglis v. Vaupell

Plaintiffs’ Motion for Attorney’s Fees and Costs and Back-Rent is granted in its entirety.

Civil Code §1717 permits attorney’s fees to the prevailing party when a contract has an attorney’s fees provision. Here, the contract at issue has an attorney’s fees provision at paragraph 22 and the contract was signed by both Defendants.

Plaintiffs are clearly the prevailing party under CCP §1032 and are entitled to attorney’s fees as an element of costs under CCP §1033.5.

The determination of reasonable amount of attorney fees is within the sound discretion of trial courts. PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095; Akins v. Enterprise Rent-A-Car Co. (2000) 79 Cal. App. 4th 1127, 1134.

“In determining what constitutes a reasonable attorney fee when a contract or statute provides for such an award, courts should consider the nature of the litigation, its difficulty, the amount involved, and the skill required and success of the attorney’s efforts, his or her learning, age and experience in the particular type of work demanded, the intricacies and importance of the litigation, the labor and necessity for skilled legal training and ability in trying the cause, and the time consumed.” Contractors Labor Pool, Inc. v. Westway Contractors, Inc. (1997) 53 Cal.App.4th 152, 168.

“‘Statutory authorization for recovering attorney fees in the trial court necessarily includes attorney fees incurred on appeal unless the statute specifically provides otherwise’”. Maranatha Corrections, LLC v. Dept. of Corrections and Rehab. (2008) 158 Cal.App.4th 1075, 1091 (determining defense entitlement to fees under SLAPP statute).

In the present case, Plaintiffs’ attorney submitted billing statements and descriptions of services rendered. The hourly rate for the attorney is reasonable at $300/hr and the hourly rate for the paralegal is reasonable at $75/hr. The court further finds the number of hours billed to be reasonable.

As such, the motion for attorney’s fees and costs is granted in its entirety.

In addition, Plaintiffs are awarded back-rent in the amount of $2,400 for the months of July and August 2013.

Plaintiffs’ attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order.

This is the Court’s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court’s law and motion secretary at (530) 265-1273 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3.

Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court’s expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.