Case Number: BC517403    Hearing Date: July 30, 2014    Dept: 58

JUDGE ROLF TREU
DEPARTMENT 58
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Hearing Date: Wednesday, July 30, 2014
Calendar No: 7
Case Name: Hartunian v. Griffin
Case No.: BC517403
Motion: Motion for Attorney Fees and Costs
Moving Party: Plaintiff Gary Hartunian
Responding Party: No opposition filed
Notice: OK

Tentative Ruling: Motion for attorney fees and costs is granted in the reduced amount of $51,203.38.
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Background –
On 8/5/13, Plaintiff Gary Hartunian filed this action against Defendant Paula Griffin arising out of the alleged failure to perform according to a real estate purchase and sale agreement. Plaintiff asserts causes of action for (1) breach of written contract, (2) express indemnity, and (3) violation of Bus. & Prof. Code § 17200. On 10/23/13, Defendant filed an answer. On 3/13/14, Plaintiff voluntarily dismissed the 2nd and 3rd COAs without prejudice. On 3/20/14, the Court granted Defendant’s counsel’s motion to be relieved as counsel: Defendant has not retained counsel. On 6/19/14, the Court granted Plaintiff’s motion for summary judgment. On 7/1/14, the Court granted Plaintiff’s ex parte application to advance the hearing on his motion for attorney fees in light of the date of the closing of escrow. On 7/15/14, the Court entered judgment in favor of Plaintiff.

Motion for Attorney Fees –
Plaintiff requests attorney’s fees and costs as the prevailing party. Plaintiff submits that the parties’ purchase agreement contains an attorney fee and costs provision. Shakelford Decl. Ex. A ¶ 21. Therefore, Plaintiff is entitled to attorney fees and costs pursuant to contract. See CCP §§ 1021, 1032(b), 1033.5.

Plaintiff’s counsel submits that he has expended 101.6 hours in litigating this action (Shakelford Decl. ¶¶ 6-8, Exs. B-C); 8.4 hours in connection with the ex parte application (id. ¶ 10); and 8.6 hours in drafting this motion and expects an additional 3.5 hours to respond to opposition and appear at the hearing (id. ¶ 9) at the hourly rate of $400 (id. ¶ 5). Plaintiff’s counsel also requests costs for filing the ex parte application and this motion (id. ¶¶ 9-10 ($120)) as well as litigation costs of $3,083.38 (id. Ex. C).

The Court notes that no opposition was filed. Therefore, the Court will reduce the requested attorney fees by $800. Plaintiff’s counsel’s declaration otherwise sufficiently establishes the reasonableness of the number of hours and the hourly rates. Martino v. Denevi (1986) 182 Cal.App.3d 553, 559. Therefore, the Court finds that the attorney fees, as reduced, are reasonable. See PLCM Group v. Dexler (2000) 22 Cal.4th 1084, 1095. The motion for attorney fees and costs is granted in the reduced amount of $51,203.38.