Case Number: BC470894    Hearing Date: August 22, 2014    Dept: 73

Department 73
Rafael A. Ongkeko, Judge presiding

H.C.A.C., etc.
Plaintiff(s),
v.
PERCOS, etc., ET AL.
Defendant(s).

AND RELATED CROSS-ACTION

Case No.: BC470894

Hearing Date: 8/22/14

[TENTATIVE] RULING RE:
DEFENDANTS’ MOTION FOR AWARD OF ATTORNEY’S FEES

Counsel for defendants Marcus and Millichap, Cohen, and Bogoyevac: John Thornton
Counsel for Plaintiff H.C.A.C., LLC: Larry Mikelson (Mikelson & Mikelson)

Motion of M&M defendants for award of attorney’s fees (filed 7/23/14) is granted in part; denied in part.

Defendants Marcus & Millichap Real Estate Investment Services, Inc.; Joshua Cohen; and Steve Bogoyevac request the sum of $165,219.50 for reasonable attorney’s fees pursuant to an undisputedly valid contractual provision. Plaintiff objects only to that portion attributable to an unsuccessful motion to disqualify associated counsel. The court agrees that this unrelated and unsuccessful work should not be part of the fees awarded to the prevailing party. The undisputed amount ($7,247) will be deducted from the requested fees, which the court otherwise finds were reasonably and necessarily incurred as set forth in the moving papers and based on the court’s having presided over the lengthy trial. There is no need to adjust the hourly rates or the hours expended. The sum of $157,972.50 is awarded to the M&M defendants as and for reasonable attorney’s fees against plaintiff.

NOTE TO COUNSEL: Counsel should be prepared to address whether the proposed order re M&M’s costs, etc. (served 8/6/14) may now be signed, filed and entered.