Case Number: TC029102 Hearing Date: December 17, 2019 Dept: A

# 9. Scottsdale Townhouses Association v. Alvaro Moreno

Case No.: TC029102

Matter on calendar for: Motion for Attorneys’ Fees

Tentative ruling:

Background

Plaintiff Scottsdale Townhouses Association is a mutual benefit corporation for the Scottsdale Townhouses, a 600-unit development in Carson. Defendant Alvaro Moreno was found to have violated the Association’s Governing Documents after a bench trial. Although initially represented, Defense counsel withdrew before the trial. Defendant is currently self-represented.

Plaintiff now moves to recover attorneys’ fees and costs. A motion to tax costs has not been filed as to challenge Plaintiff’s filed memorandum of costs. Accordingly, this motion is best treated as a motion for attorneys’ fees only.

Plaintiff seeks $77,504 in attorneys’ fees for prosecuting this action, with an additional $2,120 for drafting this motion and for any defense thereof.

Standard

Code of Civil Procedure § 1033.5(a) lists the costs that are recoverable and includes attorney’s fees when they are authorized by either contract, statute, or law. (C.C.P., § 1033.5(a)(10).) “ ‘[T]he fee setting inquiry in California ordinarily begins with the “lodestar,” i.e., the number of hours reasonably expended multiplied by the reasonable hour rate . . . . The reasonable hourly rate is that prevailing rate in the community for similar work. [Citations.] The lodestar figure may then be adjusted, based on consideration of factors specific to the case, in order to fix the fee at the fair market value for the legal services provided. [Citation.]’ [PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095]” (City of Santa Rosa v. Patel (2010) 191 Cal.App.4th 65, 69.)

Various factors to be considered are: “(1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them; (3) the extent to which the nature of the litigation precluded other employment by the attorneys’ (4) the contingent nature of the fee award. [Citation.]” (Ibid.) An adjustment may also account for the “ ‘lack of overall success.’ ” (Harman v. City and County of San Francisco (2007) 158 Cal.App.4th 407, 425.) “The ‘ “experienced 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.” ’ [Citation.]” (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132.)

Analysis

Civil Code § 5975 requires the award of attorneys’ fees to the prevailing party in an action to enforce an association’s governing documents (bylaws, association rules, articles of incorporation). A review of the judgment clearly indicates that Plaintiff is the prevailing party in this matter as it succeeded on its Complaint.

However, the burden is on Plaintiff to sufficiently set forth prima facie evidence to support its requested award of attorneys’ fees. Although Plaintiff provides a declaration that summarily recounts the hours spent on this action, the Court requests Plaintiff provide Plaintiff’s counsel billing records so the Court may review the reasonableness of the request. The party seeking fees “ ‘ “bear[s] the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates.” [Citation.] To that end, the court may require [a party] [ ] to produce records sufficient to provide “ ‘a proper basis for determining how much time was spent on particular claims.’ ” [Citation.] The court also may properly reduce compensation on account of any failure to maintain appropriate time records. [Citation.]’ [Citation.]” (Christian Research Institute v. Alnor (2008) 165 Cal.App.4th 1315, 1321.)

Ruling

The hearing on the motion for attorneys’ fees is continued until January 16, 2020. Plaintiff’s counsel to submit billing records for the requested fees by January 9, 2020.

Next dates: Motion for Attorney’s Fees – January 16, 2020 at 9:00 A.M., Compton Courthouse, Dept A.

Notice: Plaintiff to give notice.