On 01/06/2014 THEE AGUILA INC filed a Property - Commercial Eviction lawsuit against CALIFORNIA EMINENT DOMAIN LAW GROUP. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is RAFAEL A. ONGKEKO. The case status is Pending - Other Pending.
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01/06/2014
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
RAFAEL A. ONGKEKO
THEE AGUILA INC.
CALIFORNIA EMINENT DOMAIN LAW GROUP
DOES 1 THROUGH 10
FRAGOSO EDGAR
MANESES EVA
CENTURY LAW GROUP
CONNOLLY TERRENCE M. (DOE 2)
PEDERSEN CHRIS (DOE 1)
AGUILA HENRY
MALLEY GUINEVERE M.
LARSON KAREN A. ESQ.
3/25/2014: PROOF OF SERVICE SUMMONS AND 1ST A-C
5/5/2014: Unknown
2/10/2015: REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF THE DEMURRER OF THEE AGUILA INC. ECT
6/12/2015: Minute Order
8/5/2015: DECLARATION OF KAREN LARSON SUPPORTING DEFENDANTS' MOTION TO COMPEL DOCUMENTS WITH REQUEST FOR AN ORDER STAYING DEPOSITIONS UNTIL DOCUMENTS ARE PRODUCED AND DEPOSITION OF MR. AGUILA SET (AND MOTION FO
8/27/2015: FRAGOSO, MENESES, AND CLG'S SECOND AMENDED CROSS-COMPLAINT AS PERMITTED BY ORDER OF COURT AUGUST 13, 2015 FOR: 1. ABUSE OF PROCESS 2. FRAUD
2/26/2016: DECLARATION OF CHRIS PEDERSEN IN SUPPORT OF DEFENDANTS' DEMURRER AND ANTI SLAPP MOTION IN RESPONSE TO BEING SERVED AS A DOE DEFENDANT ON PLAINTIFF'S SECOND VERIFIED AMENDED COMPLAINT; MEMORANDUM OF PO
2/26/2016: PEDERSEN AND CONNOLLY'S DEMURRER TO PLAINTIFF'S SECOND AMENDED COMPLAINT; ETC.
5/3/2016: OPPOSITION OF THEE AGUILA INC. TO THE ANTI-SLAPP MOTION OF DEFENDANT'S CHRIS PEDERSEN AND TERRENCE CONNOLLY TO THE SECOND AMENDED COMPLAINT
5/9/2016: DECLARATION OF KAREN LARSON IN REBUTTAL TO PLAINTIFFS OPPOSITION TO DOE DEFENDANTS' CONNOLLY AND PEDERSEN'S ANTI SLAPP MOTION PER C.C.P. 430.41
7/22/2016: RESPONSE OF THEE AGUILA INC. TO THE REPLY OF DEFENDANT?S CHRIS PEDERSEN AND TERRENCE CONNOLLY TO THE ANTI-SLAPP MOTION
8/11/2016: NOTICE OF RULING ON DEFENDANTS? PEDERSEN AND CONNOLLY ANTI-SLAPP MOTION ETC.
8/26/2016: DEFENDANTS' REQUEST FOR JUDICIAL NOTICE SUPPORTING THEIR MOTION TO SEVER/BIFURCATE
9/21/2016: JOINT NOTICE OF CHANGE OF HEARING DATE PRESENTLY SCHEDULED ON DEFENDANT'S MOTION FOR ATTORNEYS FEES FROM OCTOBER 3, 2016 TO OCTOBER 21, 2016
3/21/2017: DEFENDANTS' REPLY TO ABSENCE OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION IN LIMINE FOR ORDER EXCLUDING EXPERT EVIDENCE AT BENCH TRIAL
3/29/2017: THEE AGUILA INC.?S EXHIBIT LIST
9/11/2017: THEE AGUILA INC.'S AND HENRY AGUILA'S MOTION FOR RECOSIDERATION OF THE RULING ON THE APRIL 13& 44, 2017 BENCH TRIAL AFTER BIFURICATION
10/23/2017: DEFENDANTS' SUPPLEMENT TO THEIR OPPOSITION TO THEE AGUILA'S MOTION FOR RECONSIDERATION, REQUESTING THAT COURT STRIKE THE MOTION BASED ON ATTORNEY'S STATE BAR SUSPENSION
Reply to Opposition (TO THEIR DEMURRER ) Filed by Attorney for Defendant/Respondent
Request for Judicial Notice (IN SUPPORT OF THE OPPOSITION TO THE DEMURRER OF CHRIS PEDERSEN AND TERRENCE O'CONNOLLY TO THE SECOND AMENDED COMPLAINT ) Filed by Atty for Plaintiff and Cross-Deft
Opposition Document (TO THE DEMURRER OF DEFENDANTS CHRIS PEDERSEN AND TERRENCE CONNOLLY TO THE SECOND AMENDED COMPLAINT ) Filed by Attorney for Plaintiff/Petitioner
Answer (TO THE THIRD AMENDED CROSS- COMPLAINT ) Filed by Atty for Plaintiff and Cross-Deft
Declaration (OF TERRY CONNOLLY IN SUPPORT OF DEFENDANTS' DEMURRER AND ANTI SLAPP MOTION ) Filed by Attorney for Defendant/Respondent
Demurrer (TO PLAINTIFF'S SECOND AMENDED COMPLAINT ) Filed by Attorney for Defendant/Respondent
Notice of Motion (MOT/STRIKE (ANTI SLAPP) ) Filed by Attorney for Defendant/Respondent
Declaration (CHRIS PEDERSEN ISO DEMURRER AND ANTI SLAPP TERRY CONNOLLY KAREN LARSON ) Filed by Attorney for Defendant/Respondent
Declaration (OF CHRIS PEDERSEN IN SUPPORT OF DEFENDANTS' DEMURRER AND ANTI SLAPP ) Filed by Attorney for Defendant/Respondent
Notice of Change of Address Filed by Attorney for Plaintiff/Petitioner
Order-Case Management Filed by Attorney for Plaintiff/Petitioner
Request for Judicial Notice (SUPPORTING DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT ) Filed by Attorney for Defendant/Respondent
Demurrer (TO PLAINTIFF'S FIRST AMENDED COMPLAINT ) Filed by Attorney for Defendant/Respondent
Proof of Service Filed by Attorney for Plaintiff/Petitioner
Notice of Reassignment and Order Filed by Clerk
Partial Dismissal (with Prejudice) (CALIFORNIA EMINENT DOMAIN LAW GROUP ONLY. ) Filed by Attorney for Plaintiff/Petitioner
First Amended Complaint Filed by Attorney for Plaintiff/Petitioner
Complaint
Notice-Case Management Conference Filed by Clerk
Declaration (OF KAREN LARSON SUPPORTING DEFTS' MOTION TO AMEND SECOND CROSS COMPLAINT ) Filed by Attorney for Defendant/Respondent
Case Number: BC532354 Hearing Date: February 05, 2020 Dept: 73
2/5/20
Dept. 73
Rafael Ongkeko, Judge presiding
THEE AGUILA, INC. v. CALIFORNIA EMINENT DOMAIN LAW GROUP, et al.
(BC532354)
DEFENDANTS’ MOTION FOR ATTORNEY FEES ON APPEAL
Moving parties: Defendants Edgar Fragoso, Eva Meneses, dba El Parral
TENTATIVE RULING
Defendants Fragoso and Meneses’ unopposed motion for attorney fees and costs on appeal is GRANTED as prayed in the amount of $60,219.65, payable to defendants Edgar Fragoso and Eva Meneses and their counsel Century Law Group (CLG) and against Plaintiff Thee Aguila Inc.
Discussion
Following the remittitur in this matter on 9/3/19, on 9/18/19 moving parties filed a memorandum of costs on appeal. On 10/10/19 moving parties filed the instant motion for attorney fees.
Defendants Fragoso and Meneses request $60,219.65 in attorney fees and costs as the prevailing parties on appeal. This amount breaks down as follows:
· $42,300 in attorney fees
· $10,575 (a 1.25 multiplier)
· $ 3,600.00 for the fee motion
· $ 3,744.65 in costs
$60,219.65
Fee entitlement
The court refers to a previous fee award regarding the moving parties’ entitlement to attorney fees.
Lodestar analysis
Hourly rate. The court is cognizant of its previous fee award in this case based on an hourly rate of of $450 per hour. That hourly rate is what moving parties request; it remains within the reasonable range here for the appellate work and is more than reasonable.
Hours. Counsel has adequately supported the 94 hours expended for the appeal and 8 hours for the fee motion.
Lodestar. The lodestar is based on 102 hours @ $450 per hour for a total of $45,900.
Multiplier. The court agrees with moving parties that a multiplier is appropriate given the complexities of the appeal and the complete success the El Parral defendants achieved resulting in a published opinion. The court finds that a multiplier of 1.25 is appropriately applied on the 94 hours.