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
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Case Number:
****5101
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Filing Date:
10/22/2015
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Case Status:
Pending - Other Pending
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Court:
Los Angeles County Superior Courts
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Courthouse:
Norwalk Courthouse
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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
10/9/2019: Minute Order - MINUTE ORDER (MANDATORY SETTLEMENT CONFERENCE (MSC))
3/4/2020: Notice - NOTICE OF ENTRY OF JUDGMENT
5/4/2020: Motion for Attorney Fees
5/15/2020: Notice - NOTICE OF HEARING
7/10/2020: Notice - NOTICE OF CONTINUANCE OF HEARING
8/25/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ATTORNEY FEES)
8/25/2020: Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER)
4/13/2016: Case Management Statement
6/9/2016: Legacy Document - LEGACY DOCUMENT TYPE: Declaration
4/21/2017: Legacy Document - LEGACY DOCUMENT TYPE: Demurrer
4/21/2017: Declaration - Declaration in Support of Demurrer to Second Amended Complaint
6/13/2017: Minute Order - Minute order entered: 2017-06-13 00:00:00
4/2/2018: Legacy Document - LEGACY DOCUMENT TYPE: Declaration
4/2/2018: Proof of Service (not Summons and Complaint)
5/25/2018: Legacy Document - LEGACY DOCUMENT TYPE: Notice
7/12/2018: Request for Entry of Default / Judgment -
7/12/2018: Legacy Document - LEGACY DOCUMENT TYPE: Default Entered
3/28/2019: Order - ORDER RE: TRIAL SETTING
Docket Entries
- 09/17/2020
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DocketNotice (of Entry of Order); Filed by RICHARD LARA (Defendant); RAAM CONSTRUCTION, INC. (Defendant)
- 08/25/2020
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Docketat 10:17 AM in Department G, John A. Torribio, Presiding; Nunc Pro Tunc Order
- 08/25/2020
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Docketat 09:37 AM in Department G, John A. Torribio, Presiding; Ruling on Submitted Matter
- 08/25/2020
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Docketat 09:00 AM in Department G, John A. Torribio, Presiding; Hearing on Motion for Attorney Fees - Held - Taken under Submission
- 08/25/2020
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DocketMinute Order ( (Ruling on Submitted Matter)); Filed by Clerk
- 08/25/2020
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DocketMinute Order ( (Nunc Pro Tunc Order)); Filed by Clerk
- 08/25/2020
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DocketCertificate of Mailing for ((Nunc Pro Tunc Order) of 08/25/2020); Filed by Clerk
- 08/25/2020
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DocketMinute Order ( (Hearing on Motion for Attorney Fees)); Filed by Clerk
- 08/25/2020
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DocketCertificate of Mailing for ([Minute Order (Ruling on Submitted Matter)]); Filed by Clerk
- 07/28/2020
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Docketat 09:00 AM in Department G, John A. Torribio, Presiding; Hearing on Motion for Attorney Fees - Held - Continued
- 10/22/2015
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DocketSummons Filed; Filed by Plaintiff, & Plaintiff in Pro Per
- 10/22/2015
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DocketNotice-Case Management Conference; Filed by Clerk
- 10/22/2015
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DocketRequest-Waive Court Fees; Filed by Attorney for Plaintiff
- 10/22/2015
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DocketOrder-Court Fee Waiver (DENIED ); Filed by Clerk
- 10/22/2015
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DocketOrder on Court Fee Waiver (Superior Court); Filed by Clerk
- 10/22/2015
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DocketComplaint filed-Summons Issued; Filed by SILVA CONSTRUCTION (Legacy Party); Renay Grace Rodriguez (Attorney)
- 10/22/2015
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DocketSummons; Filed by Renay Grace Rodriguez (Attorney); SILVA CONSTRUCTION (Legacy Party)
- 10/22/2015
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DocketNotice of Case Management Conference; Filed by Clerk
- 10/22/2015
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DocketRequest to Waive Court Fees; Filed by Renay Grace Rodriguez (Attorney); SILVA CONSTRUCTION (Legacy Party)
- 10/22/2015
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DocketCivil Case Cover Sheet; Filed by SILVA CONSTRUCTION (Legacy Party)
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 attorney’s 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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