This case was last updated from Los Angeles County Superior Courts on 06/28/2019 at 18:14:59 (UTC).

PEAK FORECLOSURE SERVICES VS BAYVIEW LOAN SERVICING LLC ET A

Case Summary

On 07/24/2015 PEAK FORECLOSURE SERVICES filed a Property - Other Real Property lawsuit against BAYVIEW LOAN SERVICING LLC ET A. This case was filed in Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California. The Judge overseeing this case is MEL RED RECANA. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7001

  • Filing Date:

    07/24/2015

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Property - Other Real Property

  • Courthouse:

    Torrance Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MEL RED RECANA

 

Party Details

Plaintiff and Petitioner

PEAK FORECLOSURE SERVICES

Claimant

310 CULVER LLC

Defendants and Respondents

BAYVIEW LOAN SERVICING LLC

DEL REY CLEANERS INC.

PEMOLL LLC

Other

GARDNER JEFFREY B.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

KRISHEL LAW OFFICES

Defendant and Claimant Attorney

GARDNER JEFFREY B. ESQ.

Defendant and Respondent Attorneys

LOCKYER BILL ATTORNEY GENERAL

B. GARDNER JEFFREY

FANGARY LAW GROUP

FANGARY HANY S.

FIRM TEPPER LAW

GARDNER JEFFREY B. ESQ.

 

Court Documents

CLERK?S CERTIFICATE RE MISSING DOCUMENT(S)

2/26/2018: CLERK?S CERTIFICATE RE MISSING DOCUMENT(S)

CLERK'S CERTIFICATE RE MISSING DOCUMENT(S)

3/19/2018: CLERK'S CERTIFICATE RE MISSING DOCUMENT(S)

NOTICE OF FEES DUE FOR CLERK'S TRANSCRIPT ON APPEAL (CIVIL)

3/19/2018: NOTICE OF FEES DUE FOR CLERK'S TRANSCRIPT ON APPEAL (CIVIL)

AMENDED PETITION TO DETERMINE UNRESOLVED CLAIMS (CIVIL CODE 2924J(C)(D))

7/30/2015: AMENDED PETITION TO DETERMINE UNRESOLVED CLAIMS (CIVIL CODE 2924J(C)(D))

AMENDED DECLARATION OF PEAK FORECLOSURE SERVICES RE: UNRESOLVED CLAIMS (CIVIL CODE 2924J(D)

8/6/2015: AMENDED DECLARATION OF PEAK FORECLOSURE SERVICES RE: UNRESOLVED CLAIMS (CIVIL CODE 2924J(D)

BAYVIEW LOAN SERVICING, LLC'S CLAIM FOR FUNDS IN RESPONSE TO VERIFIED PETITION TO DETERMINE UNRESOLVED CLAIM$

8/27/2015: BAYVIEW LOAN SERVICING, LLC'S CLAIM FOR FUNDS IN RESPONSE TO VERIFIED PETITION TO DETERMINE UNRESOLVED CLAIM$

NOTICE OF CASE MANAGEMENT CONFERENCE

9/2/2015: NOTICE OF CASE MANAGEMENT CONFERENCE

NOTICE OF CASE MANAGEMENT CONFERENCE

9/11/2015: NOTICE OF CASE MANAGEMENT CONFERENCE

JACK ESKENAZI'S CLAIM FOR FUNDS IN RESPONSE TO AMENDED PETITION TO DETERMINE UNRESOLVED CLAIMS.

9/25/2015: JACK ESKENAZI'S CLAIM FOR FUNDS IN RESPONSE TO AMENDED PETITION TO DETERMINE UNRESOLVED CLAIMS.

CLAIM OF CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION UNDER CIVIL CODE ? 2924J(D)

10/9/2015: CLAIM OF CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION UNDER CIVIL CODE ? 2924J(D)

CASE MANAGEMENT STATEMENT

10/14/2015: CASE MANAGEMENT STATEMENT

CASE MANAGEMENT STATEMENT

10/19/2015: CASE MANAGEMENT STATEMENT

CASE MANAGEMENT STATEMENT

10/22/2015: CASE MANAGEMENT STATEMENT

CASE MANAGEMENT STATEMENT

10/23/2015: CASE MANAGEMENT STATEMENT

Minute Order

10/26/2015: Minute Order

SUBSTITUTION OF ATTORNEY

5/16/2017: SUBSTITUTION OF ATTORNEY

NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED JURISDICTION)

7/18/2017: NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED JURISDICTION)

NOTICE OF DEFAULT (UNLIMITED CIVIL APPEALS)

7/20/2017: NOTICE OF DEFAULT (UNLIMITED CIVIL APPEALS)

12 More Documents Available

 

Docket Entries

  • 03/19/2018
  • Notice (CLERK'S CERTIFICATE RE MISSING DOCUMENTS ); Filed by Clerk

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  • 03/19/2018
  • Ntc to Prty re fee Clk's Transcpt; Filed by Clerk

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  • 03/19/2018
  • NOTICE OF FEES DUE FOR CLERK'S TRANSCRIPT ON APPEAL (CIVIL)

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  • 03/19/2018
  • CLERK'S CERTIFICATE RE MISSING DOCUMENT(S)

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  • 03/19/2018
  • Notice; Filed by Clerk

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  • 03/19/2018
  • Ntc to Prty re fee Clk's Transcpt; Filed by Clerk

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  • 02/26/2018
  • CLERK S CERTIFICATE RE MISSING DOCUMENT(S)

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  • 11/13/2017
  • Ntc to Reptr/Mon to Prep Transcrpt; Filed by Clerk

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  • 11/13/2017
  • NOTICE TO REPORTER TO PREPARE TRANSCRIPT ON APPEAL

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  • 10/06/2017
  • Notice of Designation of Record; Filed by Del Rey Cleaners, Inc. (Defendant)

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144 More Docket Entries
  • 08/06/2015
  • CIVIL DEPOSIT

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  • 08/06/2015
  • Miscellaneous-Other; Filed by Plaintiff/Petitioner

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  • 08/06/2015
  • Miscellaneous-Other (CIVIL DEPOSIT - JURY FEES ); Filed by Attorney for Plaintiff/Petitioner

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  • 07/30/2015
  • Petition (amended petition to determine unresolved claims ); Filed by Attorney for Plaintiff/Petitioner

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  • 07/30/2015
  • AMENDED PETITION TO DETERMINE UNRESOLVED CLAIMS (CIVIL CODE 2924J(C)(D))

    Read MoreRead Less
  • 07/30/2015
  • Petition; Filed by Plaintiff/Petitioner

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  • 07/24/2015
  • Petition

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  • 07/24/2015
  • Complaint; Filed by PEAK FORECLOSURE SERVICES (Plaintiff)

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  • 07/24/2015
  • VERIFIED PETITION TO DETERMINE UNRESOLVED CLAIMS (CIVIL CODE 2924J(C)(D))

    Read MoreRead Less
  • 07/24/2015
  • Petition; Filed by null

    Read MoreRead Less

Tentative Rulings

Case Number: BS157001    Hearing Date: January 19, 2021    Dept: B

LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT

Honorable Gary Y. Tanaka

Department B

Tuesday, January 19, 2021

Calendar No. 5

PROCEEDINGS

Peak Foreclosure Services v. Bayview Loan Servicing LLC et al.

BS157001

  1. Bayview Loan Servicing, LLC’s Motion for Attorneys’ Fees

    TENTATIVE RULING

    Bayview Loan Servicing, LLC’s Motion for Attorneys’ Fees is granted.

    Defendant moves for an award of attorney’s fees on appeal in the amount of $17,765.00 as the prevailing party on appeal pursuant to Civil Code § 1717. Here, moving party prevailed on appeal and was awarded costs on appeal. An award of appellate costs does not preclude a party from seeking attorney fees. “Unless the court orders otherwise, an award of costs neither includes attorney's fees on appeal nor precludes a party from seeking them under rule 3.1702.” Cal. Rules of Court, Rule 8.278(d)(2).

    Civ. Code, § 1717(a) states: “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.”

    Here, the contracts at issue are the Promissory Note (“Note”) and Deed of Trust (“DOT”) between Bayview Loan Servicing, LLC (“BLS”) and Del Rey Cleaners. Both contracts contain broad attorney fees provisions allowing for attorneys’ fees. (Defendant’s Exhibits 6-9). In addition, an action to stop enforcement of a contract is still on “on the contract” within the meaning of CC § 1717. Eden Township Healthcare Distr. v. Eden Medical Center (2013) 220 Cal.App.4th 418, 428. A note or deed of trust that contains an attorneys’ fees provision entitles the prevailing party to recover its attorney fees when the suit is based on the enforcement of the deed of trust. See, Kachlon v. Markowitz (2008) 168 Cal.App.4th 316, 347. Here, Del Rey Cleaners’ appeal attempted to attack BLS’ rights under the Note and DOT. Thus, BLS is entitled to obtain attorneys’ fees pursuant to the contracts.

    “The trial court has “broad authority” to determine the amount of a reasonable attorneys’ fees. PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095. “[T]he fee setting inquiry in California ordinarily begins with the ‘lodestar,’ i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate.” Id. [“California courts have consistently held that a computation of time spent on a case and the reasonable value of that time is fundamental to a determination of an appropriate attorneys' fee award.”]. “The experienced trial judge is the best judge of the value of professional services rendered in his court, and while his judgment is of course subject to review, it will not be disturbed unless the appellate court is convinced that it is clearly wrong.” Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132 (internal quotation omitted.)

    Thus, Defendant is entitled to attorneys’ fees under the lodestar method based on the reasonable amount of time the attorney spent multiplied by a reasonable rate. Defendant’s counsel has provided a list of the various attorneys who worked on this case, their qualification and experience, and their hourly rates ranging from $350 per hour to $400 per hour. (Decl., Laura J. Petrie, ¶¶ 13-19; Ex. 10.) The Court finds that the hourly rate is reasonable in considering the facts of this case and the attorneys’ experience. The Court finds that Defendant’s counsel’s declaration is sufficient to determine whether the amount of time expended was reasonable. Defendant’s counsel’s declaration set forth the total hours expended, and the nature of the services provided within the hours expended. Defendant’s counsel attached copies of billing statements, as well.

    Therefore, the Court awards attorneys’ fees in favor of Defendant§ in the total amount of $17,765.00.

    Moving party is ordered to give notice of this ruling.

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