This case was last updated from Los Angeles County Superior Courts on 09/27/2019 at 00:45:32 (UTC).

JEMAL WILLIAMS VS HOOSHANG RADNIA AS TRUSTEE OF THE HOOSHANG RADNIA FAMILY TRUST, ET AL.

Case Summary

On 03/28/2018 a Civil Right - Other Civil Right case was filed by JEMAL WILLIAMS against HOOSHANG RADNIA AS TRUSTEE OF THE HOOSHANG RADNIA FAMILY TRUST in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4967

  • Filing Date:

    03/28/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

GEORGINA T. RIZK

 

Party Details

Plaintiff

WILLIAMS JEMAL

Defendants

UNITED R T M INCORPORATED

HOOSHANG RADNIA AS TRUSTEE OF THE HOOSHANG RADNIA FAMILY TRUST

 

Court Documents

Opposition (name extension) - Opposition to Judgment Debtor's Motion to Tax Post-Judgment Costs; Declaration of Morse Mehrban

8/29/2019: Opposition (name extension) - Opposition to Judgment Debtor's Motion to Tax Post-Judgment Costs; Declaration of Morse Mehrban

Motion to Tax Costs - Motion to Tax Costs

5/16/2019: Motion to Tax Costs - Motion to Tax Costs

Acknowledgment of Satisfaction of Judgment - Acknowledgment of Satisfaction of Judgment

6/3/2019: Acknowledgment of Satisfaction of Judgment - Acknowledgment of Satisfaction of Judgment

Declaration (name extension) - Declaration Re Waived Fees

6/3/2019: Declaration (name extension) - Declaration Re Waived Fees

Opposition (name extension) - Opposition to Judgment Debtor's Motion to Tax Post-Judgment Costs

7/25/2019: Opposition (name extension) - Opposition to Judgment Debtor's Motion to Tax Post-Judgment Costs

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest - Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

8/6/2019: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest - Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Motion to Tax Costs - Motion to Tax Costs

8/8/2019: Motion to Tax Costs - Motion to Tax Costs

Judgment - - Default Judgment By Court - Before Trial - 09/28/2018 entered for Plaintiff Jemal Williams against Defendant United R T M Incorporated; Defendant Hooshang Radnia as Trustee of The Hooshan

9/28/2018: Judgment - - Default Judgment By Court - Before Trial - 09/28/2018 entered for Plaintiff Jemal Williams against Defendant United R T M Incorporated; Defendant Hooshang Radnia as Trustee of The Hooshan

Request for Entry of Default / Judgment

9/21/2018: Request for Entry of Default / Judgment

Motion to Set Aside/Vacate Default and / or Default Judgment

9/27/2018: Motion to Set Aside/Vacate Default and / or Default Judgment

Complaint

3/28/2018: Complaint

Notice (name extension) - of Lifting of Stay

7/13/2018: Notice (name extension) - of Lifting of Stay

Notice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility C

5/8/2018: Notice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility C

Order on Court Fee Waiver (Superior Court)

3/28/2018: Order on Court Fee Waiver (Superior Court)

24 More Documents Available

 

Docket Entries

  • 12/30/2019
  • Hearing12/30/2019 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Tax Costs

    Read MoreRead Less
  • 12/30/2019
  • Hearing12/30/2019 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Tax Costs

    Read MoreRead Less
  • 08/29/2019
  • DocketOpposition to Judgment Debtor's Motion to Tax Post-Judgment Costs; Declaration of Morse Mehrban; Filed by: Jemal Williams (Plaintiff)

    Read MoreRead Less
  • 08/09/2019
  • DocketHearing on Motion to Tax Costs scheduled for 12/30/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 08/08/2019
  • DocketMotion to Tax Costs; Filed by: Hooshang Radnia as Trustee of The Hooshang Radnia Family Trust (Defendant)

    Read MoreRead Less
  • 08/06/2019
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by: Jemal Williams (Plaintiff); As to: Hooshang Radnia as Trustee of The Hooshang Radnia Family Trust (Defendant); United R T M Incorporated (Defendant); Costs: 2037.00; Interest: 321.68; Credits: 5550.00; Service Date: 07/24/2019

    Read MoreRead Less
  • 07/25/2019
  • DocketOpposition to Judgment Debtor's Motion to Tax Post-Judgment Costs; Filed by: Jemal Williams (Plaintiff)

    Read MoreRead Less
  • 06/03/2019
  • DocketAcknowledgment of Satisfaction of Judgment; Filed by: Jemal Williams (Plaintiff); As to: Hooshang Radnia as Trustee of The Hooshang Radnia Family Trust (Defendant); United R T M Incorporated (Defendant)

    Read MoreRead Less
  • 06/03/2019
  • DocketDeclaration Re Waived Fees; Filed by: Jemal Williams (Plaintiff)

    Read MoreRead Less
  • 05/16/2019
  • DocketMotion to Tax Costs; Filed by: Hooshang Radnia as Trustee of The Hooshang Radnia Family Trust (Defendant)

    Read MoreRead Less
28 More Docket Entries
  • 03/29/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 04/01/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

    Read MoreRead Less
  • 03/29/2018
  • DocketNon-Jury Trial scheduled for 09/25/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 10/04/2018

    Read MoreRead Less
  • 03/29/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/01/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 10/04/2018

    Read MoreRead Less
  • 03/29/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

    Read MoreRead Less
  • 03/28/2018
  • DocketComplaint; Filed by: Jemal Williams (Plaintiff); As to: Hooshang Radnia as Trustee of The Hooshang Radnia Family Trust (Defendant); United R T M Incorporated (Defendant)

    Read MoreRead Less
  • 03/28/2018
  • DocketRequest to Waive Court Fees; Filed by: Jemal Williams (Plaintiff)

    Read MoreRead Less
  • 03/28/2018
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Jemal Williams (Plaintiff)

    Read MoreRead Less
  • 03/28/2018
  • DocketCivil Case Cover Sheet; Filed by: Jemal Williams (Plaintiff)

    Read MoreRead Less
  • 03/28/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

    Read MoreRead Less
  • 03/28/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: 18STLC04967     Hearing Date: December 30, 2019    Dept: 94

Williams v. Hooshang Radnia et al.

MOTIONS TO TAX COSTS

(CCP §§ 685.040, 1033.5)

TENTATIVE RULING:

Defendants Hooshang Radnia, Trustee of Hooshang Radnia Family Trust and United RTM Incorporated’s Motions to Tax Costs are GRANTED IN PART and DENIED IN PART. 

The parties should also be prepared to address the procedural posture of Defendant's Motion to Vacate Entry of Default/ Default Judgment filed September 27, 2018, Opposed by Plaintiff on October 10, 2018, and Replied to by Defendant on October 18, 2018.  Due to Default Judgment being entered on September 28, 2018, the hearing on Defendant's Motion to Vacate Entry of Default was never heard. 

ANALYSIS:

Background

On March 28, 2018, Plaintiff Jemal Williams (“Plaintiff”) filed a complaint against Defendants Hooshang Radnia as Trustee of the Hooshang Radnia Family Trust and United RTM Incorporated (collectively, “Defendants”) for violations of the Unruh Civil Rights Act.

On September 27, 2018, Defendants filed a Motion to Set Aside Entry of Default. On September 28, 2018, default judgment was entered by the Court for Plaintiff in the amount of $5,105.00, which included $800.00 in attorney fees. The hearing for the Motion to Set Aside Entry of Default was vacated by the Court on October 4, 2018.

On April 26, 2019, Plaintiff filed a Memorandum of Costs After Judgment. On May 16, 2019, Defendants filed a Motion to Tax Costs on Plaintiff’s Memorandum of Costs (the “First Motion”). Plaintiff filed an Opposition to Defendant’s First Motion (the “First Opposition”) on July 25, 2019.

On August 6, 2019, Plaintiff filed a second Memorandum of Costs After Judgment. On August 8, 2019, Defendants filed a second Motion to Tax Costs (the “Second Motion”) on Plaintiff’s second Memorandum of Costs. Plaintiff filed an Opposition (“Second Opposition”) to Defendant’s Second Motion on August 29, 2019.

To date, no reply briefs have been filed.

Legal Standard & Discussion

Code of Civil Procedure section 685.040 provides that a “judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment.” Attorney’s fees incurred in enforcing a judgment are expressly excluded unless otherwise provided by law. (Id.) Attorney’s fees that are incurred in enforcing a judgment are collectible as costs “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” which allows for attorney’s fees when authorized by contract. (Id; Code Civ. Proc., § 1033.5, subd. (a)(10)(A).) (Italics added.)

Defendants argue that Plaintiff is not entitled to $25.00 in costs for preparing and issuing abstract judgment and $112.00 in costs for recording and indexing abstract judgment. (First Mot., p. 2.) Defendants further argue that Plaintiff is not entitled to $1,425.00 in attorney’s fees because those fees are not allowed by Code of Civil Procedure, section 685.040. (Id.) Plaintiff argues that Defendant’s First Motion is untimely and must be denied. (First Oppo., p 1-2.)

Code of Civil Procedure section 685.070 provides that “[w]ithin 10 days after the memorandum of costs is served on the judgment debtor, the judgment debtor may apply to the court on noticed motion to have the costs taxed by the court.” (Code Civ. Proc., § 685.070, subd. (c).) This time is extended by five days if the memorandum is served by mail. (Id., subd. (f).) If no motion to tax costs is made within 10 days, or 15 days if mailed, the costs claimed in the memorandum are allowed. (Id., subd. (d).)

Here, Plaintiff filed and served by mail the first Memorandum of Costs on April 26, 2019. (4/26/19 Memorandum of Costs.) Defendants did not file their First Motion until 20 days after being served. Defendants’ motion is untimely.

However, attorney’s fees under Code of Civil Procedure section 685.040 are only recoverable if the judgment Plaintiff recovered includes an award of attorney’s fees as authorized by contract. (Code Civ. Proc., § 685.040.) Plaintiff recovered a judgment against Defendants for violations of the Unruh Civil Rights Act, Civil Code Sections 52, subdivision (a), not a contract between the parties. (See Case Summary and Declaration in Support of Court Judgment, p. 5.)

Therefore, although Defendants’ First Motion is untimely, Plaintiff is not entitled to $1,425.00 in attorney’s fees under Code of Civil Procedure 685.040. However, because Defendants failed to file a timely motion to tax costs, the remaining $137.00 in costs are allowed. (Code Civ. Proc., § 685.070, subd. (d).)

Defendants’ motion is GRANTED as to attorney’s fees but DENIED as to the remaining costs on Plaintiff’s first Memorandum of Costs.

Defendants similarly challenge Plaintiff’s second Memorandum of Costs filed on August 6, 2019, on the basis that attorney’s fees are not recoverable under Code of Civil Procedure section 685.040. Plaintiff argues that he is entitled to attorney’s fees under the Unruh Civil Rights Act and that where a statutory fee provision mandates fees, the trial court has no discretion to decline to award such reasonable attorney’s fees. (Second Oppo., p. 2.)

Plaintiff served Defendant with its second Memorandum of Costs on July 24, 2019. Defendants timely filed their Second Motion on August 8, 2019.

As with the First Motion, Plaintiff is not entitled to recover attorney’s fees of $475.00 under Code of Civil Procedure section 685.040 because he was not awarded attorney’s fees as authorized by contract. Indeed, Plaintiff is not being denied attorney’s fees as attorney’s fees have already been awarded in the amount of $800.00. (9/21/18 Court Judgment.)

Because Code of Civil Procedure section 685.040 does not authorize the attorney’s fees requested in Plaintiff’s second Memorandum of Costs, Defendants’ Second Motion is GRANTED.

Conclusion & Order

For the foregoing reasons, Defendants Hooshang Radnia, Trustee of Hooshang Radnia Family Trust and United RTM Incorporated’s First Motion to Tax Costs is GRANTED as to attorney’s fees and DENIED as to the remaining costs.

Defendants’ Second Motion to Tax Costs is GRANTED.

Moving parties are ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.