On 07/19/2017 ARI DESIGN AND CONSTRUCTION INC filed a Contract - Other Contract lawsuit against JDN BROOKS LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are WILLIAM F. FAHEY and DEIRDRE HILL. The case status is Disposed - Judgment Entered.
Disposed - Judgment Entered
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
WILLIAM F. FAHEY
ARI DESIGN AND CONSTRUCTION INC
DOES 1 TO 50
JDN BROOKS LLC
ARI DESIGN AND CONSTRUCTION INC.
SPIKE CONSTRUCTION INC. A NEVADA CORPORATION
FREEMAN FREEMAN & SMILEY LLP
GRAHAM CURTIS ALLAN
KRAUSE-LEEMON DAVID RUSSELL
4/20/2020: Notice - NOTICE OF CONTINUANCE OF HEARING ON MOTION FOR ATTORNEYS' FEES
6/19/2019: Proof of Service (not Summons and Complaint) - PROOF OF SERVICE (NOT SUMMONS AND COMPLAINT) (AMENDED)
6/19/2019: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil
6/21/2019: Notice of Ruling
3/21/2018: CROSS-COMPLAINT FOR BREACH OF CONTRACT, NEGLIGENCE, PROFESSIONAL NEGLIGENCE, FRAUD AND NEGLIGENT MISREPRESENTATION
3/21/2018: SUMMONS -
12/20/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice
8/16/2018: NOTICE OF RULING RE MOTION TO BE RELIEVED AS COUNSEL OF RECORD FOR DEFENDANT AND CROSS-COMPLAINANT JDN BROOKS, LLC
5/23/2018: Minute Order -
6/1/2018: CROSS-DEFENDANTS ARI DESIGN CONSTRUCTION, INC., JONATHAN GUTTMAN, AND JOSEF GUTTMAN'S ANSWER TO DEFENDANT JDN BROOKS, LLC'S CROSS-COMPLAINT
6/8/2018: PEREMPTORY CHALLENGE TO JUDICIAL OFFICER (CODE CIV. PROC., SECTION 170.6)
7/6/2018: REQUEST FOR DISMISSAL -
7/13/2018: DECLARATION OF ROUBEN VAROZIAN IN SUPPORT OF CCP 170.6
7/20/2018: NOTICE OF CONTINUANCE OF STATUS CONFERENCE AND OSC HEARING
7/25/2018: NOTICE ENTRY JUDGMENT/ORDER FILING DISMISS & PROOF OF SERVICE -
1/9/2018: NOTICE OF RULING AT ORDER TO SHOW CAUSE RE DISMISAL
3/21/2018: DEFENDANT JDN BROOKS, LLC?S ANSWER TO PLAINTIFF ARI DESIGN AND CONSTRUCTION, INC.?S SECOND AMENDED COMPLAINT
8/11/2017: PROOF OF SERVICE OF SUMMONS
Docketat 2:00 PM in Department 49; Hearing on Motion for Attorney Fees (as Prevailing Party) - Held - Motion GrantedRead MoreRead Less
DocketOrder (RULING); Filed by ClerkRead MoreRead Less
DocketNotice of Ruling; Filed by JDN Brooks LLC (Defendant)Read MoreRead Less
DocketMinute Order ( (Hearing on Motion for Attorney Fees as Prevailing Party)); Filed by ClerkRead MoreRead Less
Docketat 08:31 AM in Department 49; Hearing on Motion for Attorney Fees - Not Held - Continued - Court's MotionRead MoreRead Less
DocketNotice (of Continuance of Hearing on Motion for Attorneys' Fees); Filed by JDN Brooks LLC (Defendant)Read MoreRead Less
Docketat 08:30 AM in Department 49; Court OrderRead MoreRead Less
DocketCertificate of Mailing for ((Court Order) of 04/15/2020); Filed by ClerkRead MoreRead Less
DocketMinute Order ( (Court Order)); Filed by ClerkRead MoreRead Less
Docketat 08:31 AM in Department 49; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Advanced and VacatedRead MoreRead Less
DocketProof-Service/SummonsRead MoreRead Less
DocketPROOF OF SERVICE OF SUMMONSRead MoreRead Less
DocketNOTICE OF PENDENCY OF ACTIONRead MoreRead Less
DocketNotice; Filed by ARI Design and Construction Inc (Plaintiff)Read MoreRead Less
DocketNOTICE OF CASE MANAGEMENT CONFERENCERead MoreRead Less
DocketNotice of Case Management Conference; Filed by ClerkRead MoreRead Less
DocketOSC-Failure to File Proof of Serv; Filed by ClerkRead MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketCOMPLAINT FOR: 1. BREACH OF CONTACT; 2. INDEBITATUS ASSUMPSIT; ETCRead MoreRead Less
DocketComplaint; Filed by ARI Design and Construction Inc (Plaintiff)Read MoreRead Less
Case Number: BC669106 Hearing Date: June 30, 2020 Dept: 49
Superior Court of California
County of Los Angeles
Ari Design and Construction, Inc.
JDN Brooks, LLC, et al.
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.
Date: June 30, 2020
Honorable Stuart M. Rice
Judge of the Superior Court