Case Number: 19SMUD00861 Hearing Date: September 09, 2019 Dept: K

CASE NAME: ESSEX MANAGEMENT v. JOOBEEN

CASE NUMBER: 19SMUD00861 COMPLAINT FILED: 4/24/19

HEARING DATE: 9/9/19

TRIAL DATE: 7/11/19

NOTICE: OK

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MOTIONS: 1. Defendant’s Motion for a New Trial: DENIED

2. Plaintiff’s Motion for Attorney’s Fees: GRANTED

TENTATIVE RULING

Merits

DEFENDANT’S MOTION FOR NEW TRIAL

Defendant moves for a JNOV or in the alternative a new trial in this unlawful detainer action. Both motions are DENIED as Defendant failed to appear at trial and Plaintiff’s uncontested evidence made a prima facie case of unlawful detainer. There is no basis for Defendant’s alternative motions, and given his history of setting hearings and deliberately failing to appear at them, this Court is convinced that these motions are frivolous and brought for the sole purpose of delay and harassment of Plaintiff. CCP § 128.5.

PLAINTIFF’S MOTION FOR ATTORNEY’S FEES

Having prevailed at the uncontested trial in this matter, Plaintiff seeks attorney’s fees in the amount of $31,905 pursuant to an unlimited attorney’s fees clause contained in the vessel mooring agreement. Both Plaintiff’s motion and Defendant’s opposition were timely filed. Although Defendant asserts that this Court lack jurisdiction to award such fees, he fails to dispute the reasonableness of Plaintiff counsels’ hourly rate or the number of hours they expended. This Court having reviewed the pleadings and procedural history of this matter finds that the sum sought is reasonable, particularly given the delay tactics employed by Defendant, and therefore awards the amount of $31,905 in attorney’s fees plus costs of $931.04 for a total of $32,836.04. Motion is GRANTED.