Case Number: KC065803 Hearing Date: June 12, 2014 Dept: J

Re: East West Bank v. Banti Holding Company, Inc., etc., et al. (KC065803)

MOTION FOR ATTORNEYS’ FEES

Moving Party: Plaintiff East West Bank

Respondents: No timely opposition filed

POS: Moving OK

In this action for breach of a business loan and guaranty, Plaintiff sought $626,794.22 in damages. Summary Judgment was granted in favor of Plaintiff on 2/13/14. The Judgment and Decree of Foreclosure of Deed of Trust was entered on 2/24/14.

Plaintiff East West Bank (“Bank”) now moves for an order awarding it attorneys’ fees of $76,696.50 as its costs to prosecute this action against Defendant Banti Holding Company, Inc. dba Crossroads School (“Banti”) and Melaku M. Madhin (“Madhin”) pursuant to CCP §1033.5(a)(1)(A), which authorizes costs of suit to include attorneys’ fees when such fees are provided for by contract.

Here, the parties agreed to attorneys’ fees in provisions in four written agreements lodged as Exhibit “A” to the Request for Judicial Notice (“RJN”): (1) the Business Loan Agreement (p. 18-19); (2) the Commercial Security Agreement (p. 31); (3) the Unconditional Guarantee (p. 39); and (4) the Deed of Trust (p. 49). The Court takes judicial notice of these documents pursuant to Evid. Code §453.

Trial courts have discretion to determine the reasonableness of fee requests, and any award of attorney’s fees by the trial court is governed by equitable principles. Ellis v. Toshiba America Information Systems, Inc. (2013) 218 Cal.App.4th 853, 881. In this case, Plaintiff’s counsel engaged in numerous tasks during the prosecution of this breach of business agreement and guaranty case. Counsel drafted pleadings; argued for a prejudgment writ of possession; opposed a demurrer; drafted discovery, including document demands and deposition notices; drafted a motion to compel further responses and attendance at a deposition; drafted a motion for summary judgment, etc.; and numerous communications. Plaintiff has incurred the sum of $76,696.50 in attorney’s fees and costs to prosecute this action, which includes fees for bringing this motion (Declaration of Michael Muse-Fischer). Accordingly, in light of the nature of the case and the type of work involved, the attorneys’ fees and costs appear reasonable. The court awards attorney’s fees as costs to Plaintiff in the amount of $76,696.50.