Case Number: ES017867    Hearing Date: September 05, 2014    Dept: B

. ES017867
MARINA MARKARIAN v BEST RESTORATION SERVICES, INC
Motion for Attorneys’ Fees

This petition arises from the Petitioner’s request that the Court release a mechanic’s lien recorded on the Petitioner’s property at 10311 Sherman Grove Ave., Los Angeles CA 91040. The mechanic’s lien was recorded on October 13, 2011 by the Respondent, Best Restoration Services, Inc., which had performed construction services for the Petitioner under a written agreement.
On July 11, 2014, the Court granted the Petition to release the property from the mechanic’s lien.

This hearing concerns the Petitioner’s request for an award of attorney’s fees. The statutory scheme for mechanic’s liens is enacted at Civil Code sections 8400 to 8494. Under Civil Code section 8488, the prevailing party on a petition for the release of a mechanic’s lien is entitled to reasonable attorney’s fees.

The Petitioner’s attorney, Andrew Sussman, provides facts in his declaration to demonstrate that $10,845 was billed on this case for the following:

1) 33.8 hours of attorney time billed at $300 per hour; and
2) 6.7 hours at $150 per hour for paralegal services.

Further, the Petitioner provided copies of the billing records in exhibit 2 to the motion.
A review of the records indicate that they include unreasonable requests. For example, the billing for July 11, 2014 indicates that it required 6.8 hours to attend the hearing and to prepare a notice of entry of the order. It is not reasonable to incur 6.8 hours to attend the hearing and prepare an order stating that the Court had granted the petition.
Another example, is the billing for July 10, 2014 that indicates that 3.6 hours were spent on legal research on seeking attorney’s fees in connection with the petition. There is an another entry on July 22, 2014 that indicates an additional 7.6 hours was spent to perform legal research and draft the motion for attorney’s fees. There is yet another entry on July 23, 2014 to state that 3.7 hours were spent on legal search regarding the entitlement for attorney’s fees and to draft the motion. It is unreasonable to spend a total of 14.9 hours doing legal research and preparing this motion because a single statute, Civil Code section 8488, expressly authorizes the prevailing party to recover attorney’s fees. Further, the request for attorney’s fees did not require a separate motion because it could have been resolved at the hearing on July 11, 1014, if the Petitioner’s attorney had properly supported the request for attorney’s fees at the hearing on the Petition. It would be reasonable to spend, at most, 4 to 5 hours reviewing the statute and case law, summarizing the billing records, and drafting a declaration to support the request for attorney’s fees.

Finally, it was not reasonable to spend 33.8 hours on this controversy to release a mechanic’s lien. The issue is simple and required little legal research because there is a statutory scheme that identifies the specific manner in which a party may seek the release of a mechanic’s lien. The issue was resolved at a single law and motion hearing. There was no discovery or other hearings. At would have been reasonable to spend 15 to16 hours to research the issues, prepare the Petition, and appear at the hearing.
Accordingly, the court grants reasonable attorneys’ fee in the amount of 8505 (25 hours at $300 per hour + 6.7 hours at $150 per hour for paralegal services).