CIV458757 PETER BEDROSSIAN VS. CYNTHIA SMITH

PETER S. BEDROSSIAN CYNTHIA A. SMITH
DAVID J. COOK D. RANDALL ENSMINGER

MOTION FOR ORDER AWARDING ATTORNEY FEES TENTATIVE RULING:

The Motion of WVJP 2017-1, LP, Assignee of Peter S. Bedrossian (“Plaintiff”) for Order Awarding Attorney’s Fees is GRANTED IN PART. Plaintiff establishes that it is entitled to post-judgment attorney’s fees as costs pursuant to Code of Civil Procedure section 685.040. (See C.C.P. secs. 685.040, 1033.5(a)(10)(A); see also Eikenberry Decl., Exh. F.) Plaintiff seeks attorney’s fees of $32,770.95 for 55.2 hours of time paid to its bankruptcy counsel, the law firm of Sheppard, Mullin, Richter and Hampton, LLP (“Sheppard law firm”). In support, Plaintiff provides a declaration from partner J. Barrett Marum from the Sheppard firm describing the work performed and attaching a copy of the Sheppard firm’s billing statements. However, Marum fails to describe the qualifications of the individual attorneys performing the work such that the court may determine whether the hourly rates are reasonable. California courts ordinarily apply the lodestar approach in determining an award of reasonable attorney’s fees, i.e. the number of hours reasonably expended multiplied by the reasonable hourly rate. (See PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1094-1095.) The hourly rates are: (1) J. Barrett Marum, Partner, $685/hour, (2) Michael Lauter, Partner, $675/hour, and (3) Matt Klinger, Associate, $500/hour. It is worth noting that the other attorney’s fees sought by Plaintiff for work performed by Mr. Eikenberry, Plaintiff’s counsel in this action, is at an hourly rate of $400/hour, and that he has been practicing law since 1982. The court previously found such hourly rate reasonable on the prior motion for attorney’s fees. Thus, absent any other evidence to justify the hourly rates claimed, the court finds that a reasonable hourly rate for the work performed is $400/hour, and GRANTS IN PART the attorney’s fees for the work performed by the Sheppard firm in the amount of $22,080 (55.2 hours @ $400/hour).
Plaintiff also seeks attorney’s fees of $10,680 for 26.7 hours incurred by Mr. Eikenberry from September 25, 2018 through December 19, 2018. On Plaintiff’s prior motion for postjudgment attorney’s fees, the court awarded Plaintiff $36,280.00 in attorney’s fees for Mr. Eikenberry’s work from September 2016 through September 24, 2018. After reviewing Mr. Eikenberry’s declaration, the court finds that a reasonable number of hours expended for the work described by Mr. Eikenberry is 11.3 hours. Thus, Plaintiff is awarded $4,520.00 (11.3 hours @ $400/hour) for Mr. Eikenberry’s attorney’s fees.

Based on the above, Plaintiff is awarded $26,600.00 in attorney’s fees.