CIV458757 PETER BEDROSSIAN VS. CYNTHIA SMITH

PETER S. BEDROSSIAN CYNTHIA A. SMITH
JAMES T. JOHNSON D. RANDALL ENSMINGER

ASSIGNEE WVJP 2017-1, LP’S MOTION FOR 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 CONTINUED to December 12, 2018 at 9:00 a.m. in the Law and Motion Department.

Plaintiff seeks post-judgment attorney’s fees as costs pursuant to Code of Civil Procedure section 685.040. Such fees are allowed if attorney’s fees were awarded as part of the underlying judgment pursuant to contract. (See C.C.P. secs. 685.040, 1033.5(a)(10)(A).) Although attorney’s fees were awarded as part of the underlying judgment, Plaintiff should provide the court with a copy of the contract providing for attorney’s fees.

Additionally, Plaintiff seeks attorney’s fees of $25,700.00 paid to its bankruptcy counsel, the law firm of Sheppard, Mullin, Richter and Hampton, LLP (“Sheppard law firm”). Plaintiff provides only the billing statements from the Sheppard law firm though, which are insufficient for the court to determine whether the work performed and 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.) Therefore, Plaintiff may want to consider providing declarations from the Sheppard law firm to support the fees request.
Any supplemental papers in support of this motion are to be filed and served by December 3, 2018.

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.