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This case was last updated from Los Angeles County Superior Courts on 07/16/2021 at 01:28:31 (UTC).

THEE AGUILA, INC. VS SANTIAGO ACUNA

Case Summary

On 08/30/2011 THEE AGUILA, INC filed a Contract - Other Contract lawsuit against SANTIAGO ACUNA. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are MARGARET M. BERNAL, TORRIBIO, JOHN A., ROGER ITO, YVONNE T. SANCHEZ, LORI ANN FOURNIER, JOHN A. TORRIBIO and JOSEPH R. PORRAS. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9422

  • Filing Date:

    08/30/2011

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MARGARET M. BERNAL

TORRIBIO, JOHN A.

ROGER ITO

YVONNE T. SANCHEZ

LORI ANN FOURNIER

JOHN A. TORRIBIO

JOSEPH R. PORRAS

 

Party Details

Plaintiffs and Appellants

THEE AGUILA INC.

AGUILA HENRY

Others and Claimants

CENTURY LAW GROUP LLP

WLA LEGAL SERVICES INC.

IPSWICH SHELLFISH CO. INC.

INLAND FRESH SEAFOOD CORP OF AMERICA INC.

MORTILLARO LOBSTER INC.

LAW OFFICES OF BREYON DAVIS

GLASSER FREDERICK L. ATTORNEY AT LAW

Defendants and Respondents

ERDM INC.

MENESES EVA

FRAGOSO EDGAR

ACUNA SANTIAGO

Plaintiff and Cross Defendant

AGUILA HENRY

Attorney/Law Firm Details

Defendant and Plaintiff Attorneys

CENTURY LAW GROUP LLP

MALLEY GUINEVERE M. THE LAW OFFICE OF

THE LAW OFFICE OF CYNTHIA PUERTAS

GLASSER FREDERICK L. ATTORNEY AT LAW

NONG JULIE

LAW OFFICES OF BREYON J. DAVIS

WILZIG DAVID J.

ROACH GARY BYRON LAW OFFICES OF

WLA LEGAL SERVICES INC.

LARSON KAREN ANN

 

Court Documents

Legacy Document - LEGACY DOCUMENT TYPE: Notice

5/24/2017: Legacy Document - LEGACY DOCUMENT TYPE: Notice

Minute Order

8/24/2017: Minute Order

Legacy Document - LEGACY DOCUMENT TYPE: Declaration

10/11/2017: Legacy Document - LEGACY DOCUMENT TYPE: Declaration

Minute Order

10/19/2017: Minute Order

Legacy Document - LEGACY DOCUMENT TYPE: Miscellaneous-Other

10/26/2017: Legacy Document - LEGACY DOCUMENT TYPE: Miscellaneous-Other

Minute Order

10/31/2017: Minute Order

Legacy Document - LEGACY DOCUMENT TYPE: Motion in Limine

11/2/2017: Legacy Document - LEGACY DOCUMENT TYPE: Motion in Limine

Legacy Document - LEGACY DOCUMENT TYPE: Miscellaneous-Other

11/7/2017: Legacy Document - LEGACY DOCUMENT TYPE: Miscellaneous-Other

Exhibit List

11/8/2017: Exhibit List

Legacy Document - LEGACY DOCUMENT TYPE: Request

11/15/2017: Legacy Document - LEGACY DOCUMENT TYPE: Request

Minute Order

1/31/2018: Minute Order

Legacy Document - LEGACY DOCUMENT TYPE: Miscellaneous-Other

3/12/2018: Legacy Document - LEGACY DOCUMENT TYPE: Miscellaneous-Other

Legacy Document - LEGACY DOCUMENT TYPE: Miscellaneous-Other

3/28/2018: Legacy Document - LEGACY DOCUMENT TYPE: Miscellaneous-Other

Motion for Reconsideration

9/17/2018: Motion for Reconsideration

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

1/9/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Opposition - OPPOSITION CORRECTED ACUNA'S OPP TO AGUILA MTN TAX COSTS

10/7/2019: Opposition - OPPOSITION CORRECTED ACUNA'S OPP TO AGUILA MTN TAX COSTS

Appeal Document - APPEAL DOCUMENT NOA: 08/01/19 B299725- ORDER OF CONSOLIDATION

2/19/2020: Appeal Document - APPEAL DOCUMENT NOA: 08/01/19 B299725- ORDER OF CONSOLIDATION

Appeal - Notice of Fees Due for Clerk's Transcript on Appeal - APPEAL - NOTICE OF FEES DUE FOR CLERK'S TRANSCRIPT ON APPEAL 8/1, 8/1 & 8/1/19 B299725 SUPPLEMENTAL

10/7/2020: Appeal - Notice of Fees Due for Clerk's Transcript on Appeal - APPEAL - NOTICE OF FEES DUE FOR CLERK'S TRANSCRIPT ON APPEAL 8/1, 8/1 & 8/1/19 B299725 SUPPLEMENTAL

201 More Documents Available

 

Docket Entries

  • 07/13/2021
  • DocketApplication and Order for Appearance and Examination (of Henry Aguila); Filed by Century Law Group, LLP (Claimant)

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  • 04/12/2021
  • DocketNotice of Related Case; Filed by Thee Aguila, Inc. (Plaintiff)

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  • 11/05/2020
  • DocketAppeal - Original Clerk's Transcript 2 Volumes Certified (for Notice of Appeal, filed 8/1/19; Supplemental) (see also BC482246 & VC063598); Filed by Clerk

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  • 10/26/2020
  • DocketAbstract of Judgment - Civil and Small Claims; Filed by Century Law Group, LLP (Claimant)

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  • 10/26/2020
  • DocketAbstract of Judgment - Civil and Small Claims; Filed by Century Law Group, LLP (Claimant)

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  • 10/16/2020
  • DocketAbstract of Judgment - Civil and Small Claims; Filed by ERDM, INC. (Defendant)

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  • 10/08/2020
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by Century Law Group, LLP (Claimant)

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  • 10/07/2020
  • DocketAppeal - Notice of Fees Due for Clerk's Transcript on Appeal (8/1, 8/1 & 8/1/19 B299725 SUPPLEMENTAL); Filed by Clerk

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  • 09/16/2020
  • DocketNotice of Limited Scope Representation; Filed by CENTURY LAW GROUP, LLP (Attorney)

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  • 08/17/2020
  • DocketAppeal - Original Clerk's Transcript 13 Volumes Certified (for 3 Notices of Appeal, filed under BC482246 {"U"}, VC05954 & VC063598); Filed by Clerk

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528 More Docket Entries
  • 12/29/2011
  • DocketCase Management Statement; Filed by Thee Aguila, Inc. (Plaintiff)

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  • 12/09/2011
  • DocketDeft's Ntc of Hrng on Demurrer; Filed by Santiago Acuna (Defendant); ERDM, INC. (Defendant); EDGAR FRAGOSO (Defendant) et al.

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  • 11/15/2011
  • DocketFirst Amended Complaint

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  • 10/27/2011
  • DocketNotice; Filed by Defendant

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  • 10/26/2011
  • Docketat 08:30 AM in Department C; Hearing on Demurrer - without Motion to Strike (Hearing on Demurrer; Demurrer sustained with leave) -

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  • 10/26/2011
  • DocketOrder; Filed by Court

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  • 09/22/2011
  • DocketDeft's Ntc of Hrng on Demurrer; Filed by Santiago Acuna (Defendant); ERDM, INC. (Defendant); EDGAR FRAGOSO (Defendant) et al.

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  • 08/30/2011
  • DocketSummons; Filed by null

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  • 08/30/2011
  • DocketComplaint; Filed by Thee Aguila, Inc. (Plaintiff)

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  • 08/30/2011
  • DocketNotice of Case Management Conference; Filed by Clerk

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Tentative Rulings

Case Number: VC059422    Hearing Date: January 17, 2020    Dept: SEG

THEE AGUILA, INC. v. ERDM, INC. ET AL

CASE NO.: VC059422

MOTION FOR ATTORNEY FEES FILED BY ERDM, INC., ET AL, MOTION FOR ATTORNEY FEES FILED BY THEE AGUILA, INC., MOTION TO TAX COSTS FILED BY THEE AGUILA, INC.

EDRM Fees

ERDM request for attorney fees and the opposing papers have been read and considered by the Court. The request for fees is granted en toto.

ERDM prevailed on 3 of 5 lawsuits and did not prevail in the other 2. Based on this Court’s deep familiarity with these lawsuits there is no realistic way to apportion fees among the 5 lawsuits. Discovery, pretrial motions, motions in limine, witnesses and evidence were inextricably interconnected.

ERDM Costs

The Thee Aguila motion to tax costs is ruled on as follows: with the exception of filing fees, there is no realistic way to apportion costs as noted above. Filing fees are stricken as to two cases.

Thee Aguila Fees

This analysis applies to both fee motions.

Thee Aguila fees are granted en toto. These were complicated and inextricably linked matters. The Court adopts its statement of not apportioning fees as stated under ERDM fees award. Counsel argues there are no records to support the fee request. The Court notes that ERDM spent $1,140.74 in fees before the lode star was applied. The fee request is eminently reasonable in that it is $300,000.00 less than ERDM’s.

Ms. Malley performed at a very high level throughout all of the proceedings. She obtained an excellent result considering the difficult issues. The Court paraphases Ribbens cited by ERDM. This Court is “exhaustively familiar with the scope, history and complexity of this litigation, as well as the time necessarily …involved …the Court has closely observed the performance of (counsel-my word) during the long pendency of this action and is fully aware of the degree of success.” Ribbens International S.A. de C.V. 47 Fed Supp 2d at 1128.

This Court also notes that ERDM, in its own motion argued for fees and lodestar in pursuit of litigation “including hours reasonably spent on legal theories or arguments that ultimately prove unsuccessful.” Citations omitted ERDM motion page 7.

The Court finds the motion timely. Parenthetically the Court reviewed the billing records for ERDM and notes that some billing was assigned to specific cases and in other instances billing was generic. Yet, there was just a request for an order for all fees incurred. Yet, ERDM did not make any effort to allocate these fees. In two of 5 cases ERDM is not entitled to fees, but for the reasons stated above each side is granted fees as requested.

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