2016-00204877-CL-EN

Parkview Villas of Scottsdale COA, Inc. vs. Tracy L. Rice

Nature of Proceeding: Motion for Attorney Fees and Costs

Filed By: Baillio, B. Austin

Plaintiff Parkview Villas of Scottsdate COA, Inc.’s (“Plaintiff”) Motion for an award of post-judgment attorneys fees and costs incurred in enforcing the Judgment is unopposed and is granted.

Plaintiff’s Request for Judicial Notice is granted.

Plaintiff seeks to recover its attorneys’ fees and litigation costs incurred attempting to enforce and collect on its judgment against judgment debtor, Tracy L. Rice. Judgment was entered against Debtor originally in Arizona on September 29, 2014 and the judgment was entered as a sister state judgment in California on December 15, 2016. Plaintiff has established that the CC&Rs governing the parties dispute allow for the prevailing party to obtain costs and fees to enforce the judgment. Plaintiff seeks a award of $4,076.50 in fees and costs.

The CC&R’s provide that “Each such assessment, together with interest, costs, and attorney’s fee, shall also be the personal obligation of the person who was the owner of such unit at the time the assessment fell due.” (RJN, Ex, 1, ArticleXII, Section

12.11.) As part of the Arizona Judgment, the Arizona Court awarded the Association “all reasonable costs and attorney fees incurred by Plaintiff after submission of this judgment for entry by the Court in collecting the amounts listed in this Judgment.” (See

Arizona Judgment, p. 2.)

Under California law, “The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney’s fees incurred in enforcing a judgment are not included m costs collectible under this title unless otherwise provided by law. Attorney’s fees incurred in enforcing a judgment are included as

costs collectible under this title if the underlying judgment includes an award of attorney’s fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5.” (Code Civ. Proc, § 685.040.)

“The judgment creditor may claim costs authorized by Section 685.040 by noticed motion. The motion shall be made before the judgment is satisfied in full, but not later than two years after the costs have been incurred. The costs claimed under this section may include, but are not limited to, costs that may be claimed under Section 685.070 and costs incurred but not approved by the court or referee in a proceeding under Chapter 6 (commencing with Section 708.010) of Division 2.” (Code Civ. Proc, § 685.080, subd. (a).) The fees and costs sought by the Association in this Motion were incurred from November 7, 2016 to the present. (Baillio Decl., ¶13.)

It is well-established that courts use the lodestar method as the starting point to calculate attorneys’ fees. (See Serrano v. Priest (1977) 20 Cal. 3d 25,48.) Under the lodestar method, the number of hours reasonably spent by an attorney is multiplied by his/her reasonable hourly billing rate. (Id.) A party is entitled to compensation for all hours reasonably spent. (Id. at 48-49.) The court finds that the fee request is reasonable given the extensive work and legal services rendered by the Association’s Counsel, Maxwell & Morgan, P.C.
(“M&M”), in pursuing collection of the Arizona and California Judgments. From November 7, 2016 to the present, the Association has incurred $4,076.50 in attorney’s fees and costs, supported by the declarations in support of the motion setting forth the reasonable hourly rates of between $250 and $300 per hour and the number of hours spent on the tasks. The court is subtracting only the time estimated for a hearing in this case, (.4 of an hour at $275 an hour, or $110) since no opposition was filed and no hearing is therefore anticipated. Fee award amounts are matters within the trial court’s discretion: the “trial judge is the best judge of the value of professional services rendered in his court, and while his judgment is of course subject to review, it will not be disturbed unless the appellate court is convinced that it is clearly wrong.” (Ketchum v. Moses (2001) Cal.4th 1122, 1132; accord PLCM Group v Drexler (2000) 22 Cal.4th 1084, 1096.)

The Court awards total attorneys fees and costs in the amount of $3,966.50.