This case was last updated from Los Angeles County Superior Courts on 01/09/2021 at 17:31:31 (UTC).

OSCAR SILVA VS. RAAM CONSTRUCTION, INC.

Case Summary

On 10/22/2015 OSCAR SILVA filed a Contract - Other Contract lawsuit against RAAM CONSTRUCTION, INC. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are LORI ANN FOURNIER, MARGARET MILLER BERNAL, PATRICK T. MEYERS and JOHN A. TORRIBIO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5101

  • Filing Date:

    10/22/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LORI ANN FOURNIER

MARGARET MILLER BERNAL

PATRICK T. MEYERS

JOHN A. TORRIBIO

 

Party Details

Plaintiffs and Cross Defendants

OSCAR SILVA DBA SILVAS CONSTRUCTION

SILVA OSCAR

SILVA CONSTRUCTION

Defendants

LARA RICHARD

RAAM CONSTRUCTION INC.

RAAM CONTRUCTION INC. A CALIFORNIA

Cross Plaintiff

RAAM CONSTRUCTION INC A CALIFORNIA CORPO

Attorney/Law Firm Details

Plaintiff Attorneys

SILVA OSCAR

RODRIGUEZ R. GRACE THE LAW OFFICES OF

Defendant Attorneys

LINDBORG & MAZOR LLP

LINDBORG PETER FREDERICK

 

Court Documents

Minute Order - MINUTE ORDER (MANDATORY SETTLEMENT CONFERENCE (MSC))

10/9/2019: Minute Order - MINUTE ORDER (MANDATORY SETTLEMENT CONFERENCE (MSC))

Notice - NOTICE OF ENTRY OF JUDGMENT

3/4/2020: Notice - NOTICE OF ENTRY OF JUDGMENT

Motion for Attorney Fees

5/4/2020: Motion for Attorney Fees

Notice - NOTICE OF HEARING

5/15/2020: Notice - NOTICE OF HEARING

Notice - NOTICE OF CONTINUANCE OF HEARING

7/10/2020: Notice - NOTICE OF CONTINUANCE OF HEARING

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ATTORNEY FEES)

8/25/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ATTORNEY FEES)

Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER)

8/25/2020: Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER)

Case Management Statement

4/13/2016: Case Management Statement

Legacy Document - LEGACY DOCUMENT TYPE: Declaration

6/9/2016: Legacy Document - LEGACY DOCUMENT TYPE: Declaration

Legacy Document - LEGACY DOCUMENT TYPE: Demurrer

4/21/2017: Legacy Document - LEGACY DOCUMENT TYPE: Demurrer

Declaration - Declaration in Support of Demurrer to Second Amended Complaint

4/21/2017: Declaration - Declaration in Support of Demurrer to Second Amended Complaint

Minute Order - Minute order entered: 2017-06-13 00:00:00

6/13/2017: Minute Order - Minute order entered: 2017-06-13 00:00:00

Legacy Document - LEGACY DOCUMENT TYPE: Declaration

4/2/2018: Legacy Document - LEGACY DOCUMENT TYPE: Declaration

Proof of Service (not Summons and Complaint)

4/2/2018: Proof of Service (not Summons and Complaint)

Legacy Document - LEGACY DOCUMENT TYPE: Notice

5/25/2018: Legacy Document - LEGACY DOCUMENT TYPE: Notice

Request for Entry of Default / Judgment -

7/12/2018: Request for Entry of Default / Judgment -

Legacy Document - LEGACY DOCUMENT TYPE: Default Entered

7/12/2018: Legacy Document - LEGACY DOCUMENT TYPE: Default Entered

Order - ORDER RE: TRIAL SETTING

3/28/2019: Order - ORDER RE: TRIAL SETTING

87 More Documents Available

 

Docket Entries

  • 09/17/2020
  • DocketNotice (of Entry of Order); Filed by RICHARD LARA (Defendant); RAAM CONSTRUCTION, INC. (Defendant)

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  • 08/25/2020
  • Docketat 10:17 AM in Department G, John A. Torribio, Presiding; Nunc Pro Tunc Order

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  • 08/25/2020
  • Docketat 09:37 AM in Department G, John A. Torribio, Presiding; Ruling on Submitted Matter

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  • 08/25/2020
  • Docketat 09:00 AM in Department G, John A. Torribio, Presiding; Hearing on Motion for Attorney Fees - Held - Taken under Submission

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  • 08/25/2020
  • DocketMinute Order ( (Ruling on Submitted Matter)); Filed by Clerk

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  • 08/25/2020
  • DocketMinute Order ( (Nunc Pro Tunc Order)); Filed by Clerk

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  • 08/25/2020
  • DocketCertificate of Mailing for ((Nunc Pro Tunc Order) of 08/25/2020); Filed by Clerk

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  • 08/25/2020
  • DocketMinute Order ( (Hearing on Motion for Attorney Fees)); Filed by Clerk

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  • 08/25/2020
  • DocketCertificate of Mailing for ([Minute Order (Ruling on Submitted Matter)]); Filed by Clerk

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  • 07/28/2020
  • Docketat 09:00 AM in Department G, John A. Torribio, Presiding; Hearing on Motion for Attorney Fees - Held - Continued

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191 More Docket Entries
  • 10/22/2015
  • DocketSummons Filed; Filed by Plaintiff, & Plaintiff in Pro Per

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  • 10/22/2015
  • DocketNotice-Case Management Conference; Filed by Clerk

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  • 10/22/2015
  • DocketRequest-Waive Court Fees; Filed by Attorney for Plaintiff

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  • 10/22/2015
  • DocketOrder-Court Fee Waiver (DENIED ); Filed by Clerk

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  • 10/22/2015
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by Clerk

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  • 10/22/2015
  • DocketComplaint filed-Summons Issued; Filed by SILVA CONSTRUCTION (Legacy Party); Renay Grace Rodriguez (Attorney)

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  • 10/22/2015
  • DocketSummons; Filed by Renay Grace Rodriguez (Attorney); SILVA CONSTRUCTION (Legacy Party)

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  • 10/22/2015
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 10/22/2015
  • DocketRequest to Waive Court Fees; Filed by Renay Grace Rodriguez (Attorney); SILVA CONSTRUCTION (Legacy Party)

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  • 10/22/2015
  • DocketCivil Case Cover Sheet; Filed by SILVA CONSTRUCTION (Legacy Party)

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Tentative Rulings

Case Number: VC065101    Hearing Date: July 28, 2020    Dept: G

SILVA v. RAAM CONSTRUCTION, INC.

CASE NO.:  VC065101

HEARING 7/28/20

TENTATIVE ORDER

Defendant RAAM Construction, Inc. moves for attorneys fees in the sum of $72,805.50, and costs in the sum of $1,378.95 per CC § 1717.

In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. (CC § 1717(a).)

Contrary to Movant’s contention that the contract contains a “prevailing party attorneys’ provision” (Motion, 3:22-24), there is no “prevailing party attorneys’ provision” in the contract. The attorney’s fees provision appears in the Indemnity paragraph, which states: “7. Indemnity. To the maximum extent permitted by law, Subcontractor shall indemnify defend and save harmless Owner, Prime Contractor… of and from any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys’ fees, losses or liabilities, in law or inequity of every kind and nature whatsoever arising out of or in connection with Subcontractor’s operations to be performed under this Agreement.”

The Subcontractor agreed to indemnify the Contractor from third party claims (including actual attorneys’ fees) over the work performed.

The court could not locate any provision specifically granting attorney’s fees to the “prevailing party” for claims between the parties. The court will hear from the attorneys at the hearing.

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