INHALE SOLUTIONS, INC VS. KATHERINE BRYAN

Tentative Rulings

Case Number: NC053600    Hearing Date: December 01, 2020    Dept: S27

Cross-Complainants secured a judgment against Cross-Defendant in 2012. On 4/19/18, Cross-Complainants filed a memorandum of costs pursuant to which they sought to recover attorneys’ fees and costs in the amount of $87,045. The Court, on 9/19/18, found Cross-Complainants were entitled to recover attorneys’ fees incurred post-judgment, and found their attorneys’ claimed rates reasonable. The Court found many of the fees were unreasonable in nature and amount, and reduced the fees to $17,500.

On 5/15/20, Cross-Complainants filed a memorandum of costs after judgment, acknowledgment of credit, and declaration of accrued interest. The memorandum indicates prior allowed costs were in the amount of $187,034.50, and seeks an award of $77,533.35 in attorneys’ fees incurred between 3/02/16 and 4/14/18.

On 5/19/20, Cross-Defendant filed a motion to tax costs, correctly noting that (a) the Court did not previously award costs in the amount indicated on the memorandum, and (b) all of the attorneys’ fees claimed by way of the memorandum were the subject of the motion decided on 9/19/18.

On 6/02/20, in response to the motion, Cross-Complainants filed a corrected memorandum of costs. In their corrected memorandum, they indicate they are seeking to recover $35,331.02 in attorneys’ fees incurred between 10/2018 and 04/2020.

The motion to tax costs is directed at the 5/15/20 memorandum, and is granted. It is granted because Cross-Complainants concede the costs claimed in the memorandum are not proper.

The Court is making no ruling on the 6/02/20 memorandum of costs, as Cross-Defendant has not filed a motion to tax those costs. The Court’s JA will process the 6/02/20 memorandum per the Rules of Court.

Cross-Defendant is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear remotely.