17-UDU-00708 ALLAN & HENRY, INC, A CALIFORNIA CORPORATION VS. CEPHAS ENTERPRISES, INC, ET AL.

ALLAN & HENRY, INC CEPHAS ENTERPRISES, INC.
PAYMON HIFAI

MOTION FOR ATTORNEY FEES TENTATIVE RULING:

The Motion of Plaintiff/Judgment Creditor Allan & Henry, Inc. for post-juedgment attorney’s fees is granted, in part.

The preliminary issue is whether the motion is timely under Code of Civil Procedure section 685.080 [motion for costs and fees must be made before judgment is satisfied].) As this court previously ruled on Defendant’s motion to tax costs, the judgment had not been satisfied as of the time Plaintiff claimed costs. Plaintiff filed the present motion on June 26, 2018. There is no evidence before the court that Defendant satisfied the judgment before Plaintiff filed the present motion. Therefore, the motion is timely.

Plaintiff’s motion sets forth a prima facie showing of hours incurred for enforcement of judgment, as well as each attorney’s hourly rate. Defendants do not challenge the hourly rate requested by Plaintiff’s attorneys, and thus the court finds that the hourly rate for Clifford Horner, Esq. (“Horner”) of $545/hour and Paymon Hifai, Esq. (“Hifai”) of $325/hour are reasonable.

As to the work performed, the court grants the motion for attorney’s fees in part. The court finds that a reasonable number of hours for the work performed by Horner is 7.25 hours at $545/hour for a total of $3,951.25, and a reasonable number of hours for the work performed by Hifai is 26.3 hours at $325/hour for a total of $8,547.50. In reaching this calculation, the Court disallowed time incurred for matters that were insufficiently described as relating to enforcement of judgment.

Judgment is amended to include $12,498.75 in attorney’s fees.