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This case was last updated from Los Angeles County Superior Courts on 06/07/2021 at 01:44:47 (UTC).

NANNETTE HANSBERRY VS REGENCY WEST - LEIMERT PARK VILLAGE, INC.

Case Summary

On 06/21/2019 NANNETTE HANSBERRY filed a Civil Right - Other Civil Right lawsuit against REGENCY WEST - LEIMERT PARK VILLAGE, INC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5921

  • Filing Date:

    06/21/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

HANSBERRY NANNETTE

Defendants

REGENCY WEST - LEIMERT PARK VILLAGE INC.

CALLOWAY ANTHONY

Attorney/Law Firm Details

Plaintiff Attorney

MEHRBAN MORSE

Defendant Attorney

WILLOUGHBY ANTHONY W.

 

Court Documents

Minute Order - Minute Order (Hearing on Motion for Attorney Fees)

6/2/2021: Minute Order - Minute Order (Hearing on Motion for Attorney Fees)

Notice of Motion - Notice of Motion

11/25/2020: Notice of Motion - Notice of Motion

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

3/6/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

Amended Complaint - Amended Complaint (1st)

6/29/2020: Amended Complaint - Amended Complaint (1st)

Notice (name extension) - Notice of Entry of Judgment or Order

7/1/2020: Notice (name extension) - Notice of Entry of Judgment or Order

Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

7/23/2020: Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

Notice (name extension) - Notice of Entry of Judgment or Order

11/6/2020: Notice (name extension) - Notice of Entry of Judgment or Order

Challenge To Judicial Officer - Peremptory (170.6) - Challenge To Judicial Officer - Peremptory (170.6) (Against Judge C. Edward Simpson)

12/4/2020: Challenge To Judicial Officer - Peremptory (170.6) - Challenge To Judicial Officer - Peremptory (170.6) (Against Judge C. Edward Simpson)

Notice (name extension) - Notice of Entry of Judgment

12/11/2020: Notice (name extension) - Notice of Entry of Judgment

Motion for Attorney Fees - Motion for Attorney Fees

12/11/2020: Motion for Attorney Fees - Motion for Attorney Fees

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

12/11/2020: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

9/19/2019: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Proof of Personal Service - Proof of Personal Service

9/19/2019: Proof of Personal Service - Proof of Personal Service

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

9/25/2019: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6/21/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

6/21/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

6/21/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

6/24/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

25 More Documents Available

 

Docket Entries

  • 06/21/2021
  • Hearing06/21/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/02/2021
  • DocketUpdated -- Ex Parte Application FOR CONTINUANCE OF HEARING ON MOTION FOR AWARD OF ATTRONEY?S FEES AND COSTS: Filed By: Anthony Calloway (Defendant),Regency West - Leimert Park Village, Inc. (Defendant); Result: Withdrawn; Result Date: 06/02/2021; As To Parties changed from Nannette Hansberry (Plaintiff) to Nannette Hansberry (Plaintiff)

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  • 06/02/2021
  • DocketMinute Order (Hearing on Motion for Attorney Fees)

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  • 06/02/2021
  • DocketHearing on Motion for Attorney Fees scheduled for 06/02/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 06/02/2021; Result Type to Held - Motion Denied

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  • 06/02/2021
  • DocketHearing on Ex Parte Application FOR CONTINUANCE OF HEARING ON MOTION FOR AWARD OF ATTRONEY?S FEES AND COSTS scheduled for 06/02/2021 at 01:30 PM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 06/02/2021

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  • 05/28/2021
  • DocketEx Parte Application FOR CONTINUANCE OF HEARING ON MOTION FOR AWARD OF ATTRONEY?S FEES AND COSTS; Filed by: Anthony Calloway (Defendant); Regency West - Leimert Park Village, Inc. (Defendant); As to: Nannette Hansberry (Plaintiff)

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  • 05/28/2021
  • DocketHearing on Ex Parte Application FOR CONTINUANCE OF HEARING ON MOTION FOR AWARD OF ATTRONEY?S FEES AND COSTS scheduled for 06/02/2021 at 01:30 PM in Spring Street Courthouse at Department 26

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  • 05/20/2021
  • DocketUpdated -- Notice Re: Continuance of Hearing and Order: As To Parties: removed

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  • 05/20/2021
  • DocketUpdated -- Notice Re: Continuance of Hearing and Order: As To Parties: removed

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  • 05/20/2021
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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66 More Docket Entries
  • 06/24/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 06/24/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/24/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/24/2019
  • DocketNon-Jury Trial scheduled for 12/18/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/24/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Nannette Hansberry (Plaintiff)

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  • 06/21/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 06/21/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/21/2019
  • DocketRequest to Waive Court Fees; Filed by: Nannette Hansberry (Plaintiff)

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  • 06/21/2019
  • DocketCivil Case Cover Sheet; Filed by: Nannette Hansberry (Plaintiff); As to: Regency West - Leimert Park Village, Inc. (Defendant)

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  • 06/21/2019
  • DocketSummons on Complaint; Issued and Filed by: Nannette Hansberry (Plaintiff); As to: Regency West - Leimert Park Village, Inc. (Defendant)

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  • 06/21/2019
  • DocketComplaint; Filed by: Nannette Hansberry (Plaintiff); As to: Regency West - Leimert Park Village, Inc. (Defendant)

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Tentative Rulings

Case Number: 19STLC05921    Hearing Date: June 2, 2021    Dept: 25

PROCEEDINGS: MOTION FOR AWARD OF ATTORNEY’S FEES

MOVING PARTY: Plaintiff Nannette Hansberry

RESP. PARTY: None

MOTION FOR ATTORNEY’S FEES

(Civ. Code, § 52)

TENTATIVE RULING:

Plaintiff Nannette Hansberry’s Motion for Award of Attorney’s Fees is DENIED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of May 28, 2021 [ ] Late [X] None

REPLY: None filed as of May 28, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On June 21, 2019, Plaintiff Nannette Hansberry (“Plaintiff”) filed an action alleging violations of the Unruh Civil Rights Act against Defendant Regency West – Leimert Park Village, Inc. (“Regency West”). Following Defendant Regency West’s failure to respond, a default judgment was entered on October 15, 2020.

Pursuant to the parties’ stipulation, the default and default judgment entered against Defendant Regency West were set aside on June 26, 2020. (6/26/20 Stipulation and Order.) The parties also stipulated for this action and Nannette Hansberry v. Anthony Calloway, Case No. 19STLC10668, to be consolidated with this case. This case was designated as the lead case. (Id.)

Plaintiff filed a First Amended Complaint against Defendants Regency West and Anthony Calloway (“Calloway”) (collectively, “Defendants”) on June 29, 2020. Defendants filed a joint Answer on July 16, 2020.

A trial setting conference was scheduled for October 9, 2020. At that time, counsel for Plaintiff represented to the Court that there was a possibility the parties would settle. (10/29/20 Minute Order.)

On November 25, 2020, Plaintiff filed the instant Motion for Award of Attorney Fees and Costs (the “Motion”). Plaintiff refiled the Motion on December 11, 2020.

Defendants filed a notice of settlement on January 5, 2021, which was rejected on February 18, 2021 due to Defendants’ failure to indicate whether the settlement was conditional or unconditional. (1/5/21 Notice of Settlement’; 2/18/21 Notice of Rejection.)

On January 26, 2021, Defendants’ counsel filed a declaration notifying the Court that, pursuant to the parties’ 998 offer and acceptance, Defendants mailed payment to Plaintiff on January 4, 2021, but that Plaintiff refused to cash the check until the instant Motion was ruled on. (1/25/21 Willoughby Decl., ¶¶ 4-5, Exh. D.)

Defendants did not file an opposition to this Motion.

II. Legal Standard & Discussion

A. Right to Attorney’s Fees

“Whoever denies, aids or incites a denial, or makes any discrimination or distinction contrary to Section 51, 51.5, or 51.6, is liable for each and every offense for the actual damages, and any amount that may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual damage but in no case less than four thousand dollars ($4,000), and any attorney’s fees that may be determined by the court in addition thereto, suffered by any person denied the rights provided in Section 51, 51.5, or 51.6.” (Civ. Code, § 52, subd. (a).) “The Legislature’s use of ‘may’ in the statutory damage and attorney fees context does not denote trial court discretion over entitlement to either. It merely recognizes trial court discretion over the amount of both.” (Engel v. Worthington (1997) 60 Cal.App.4th 628, 633.) “[T]he Legislature intended an award to be mandatory.” (Id. p. 635.) “Under the Unruh Civil Rights Act, the plaintiff can recover attorney’s fees if he or she prevails, but the defendant cannot. [Citation.]” (Molski v. Arciero Wine Group (2008) 164 Cal.App.4th 786, 791.)

Here, Plaintiff submits a copy of Defendant’s Statutory Offer to Compromise (the “998 Offer”) dated October 21, 2020. (Mot., Mehrban Decl., ¶ 3, Exh. A.) Plaintiff served her notice of acceptance of the 998 Offer on November 18, 2020. (Id. at ¶ 4, Exh. B.) The parties agreed to settle for $4,001.00 “plus costs and attorney’s fees as allowed by law…In return for the payment of the aforesaid settlement amount, Plaintiff shall file a dismissal with prejudice as to [Defendants].” (Id., Exh. 3.)

The 998 Offer also states, in pertinent part:

“Further, Defendants and Plaintiff agree that nothing in this statutory offer to compromise, or the acceptance thereof, shall constitute an admission or finding of liability on the part of any person for any purpose.

(Id.) (Emphasis added.)

Because Defendants did not accept any liability in their 998 Offer, and because Plaintiff accepted the 998 Offer specifically disclaiming Defendants’ liability, Plaintiff is not entitled to any attorney’s fees. In Linton v. County of Contra Costa (2019) 31 Cal.App.5th 628, 633, the court of appeal explained the Unruh Civil Rights Act requires a finding of liability before attorney’s fees may be awarded under Civil Code section 52. Code of Civil Procedure section 998 does not independently create a right to attorney’s fees. (Id. at p. 634.)

For this reason, Plaintiff’s request for attorney’s fees is DENIED.

III. Conclusion & Order

For the foregoing reasons, Plaintiff Nannette Hansberry’s Motion for Award of Attorney’s Fees is DENIED.

Moving party is ordered to give notice.