ARI DESIGN AND CONSTRUCTION INC VS JDN BROOKS LLC

Tentative Rulings

Case Number: BC669106    Hearing Date: June 30, 2020    Dept: 49

Department 49, Judge Stuart M. RiceHearing Date: June 30, 2020

(1) Defendant/Cross-Complainant’s Motion for Attorney Fees

Moving Party:  Defendant/Cross-Complainant JDN Brooks, LLC

Responding Party:      none

Ruling: JDN’s unopposed motion for attorney fees is granted. JDN is awarded $57,685.25 against cross-defendants Ari Design and Construction, Inc., Jonathan Guttman, Josef Guttman, and Spike Construction, Inc., jointly and severally.

Defendant/cross-complainant JDN Brooks, LLC (JDN) moves for attorney fees in the amount of $57,685.25 as the prevailing party under Civil Code section 1717. Cross-defendants filed no opposition to this motion.

Civil Code section 1717, subdivision (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, there is an indemnification provision in the subject contract which provides for attorney fees arising or resulting from the performance of the work. (See Motion, Exhibit B at p. 18, § 3.18.1.) The court granted JDN’s motion to deem requests for admissions admitted on October, 30, 2019. On November 6, 2019, JDN proved up its damages and obtained a judgment  against cross-defendants, jointly and severally, in the total amount of $464,000 based on fraud. There is no dispute that JDN is entitled to attorney fees under the subject attorney fee provision.

The first attorney who represented JDN was Robert P. Friedman, who billed $6,894 for his work (about 19.7 hours at a rate of $350/hour). (Declaration of David Krause-Leemon ¶ 11.) JDN was then represented by Freeman, Freeman & Smiley, LLP, which invoiced JDN for $22,726.25 for its representation from July 2017 through September 2018 (about 50.50 hours at $450/hour), when Krause-Leemon was substituted into this action. (Id.) Krause-Leemon seeks $28,065 based on his hourly rate of $450, which indicates he spent about 62.37 hours on this case. (Krouse-Leemon Decl. ¶¶ 8-10, Exhibit C.) The court finds reasonable all the fee rates and the hours spent on this matter by each firm. Therefore, JDN’s motion for attorney fees in the amount of $57,685.25 is granted in full.

JDN is ordered to give notice of this ruling.