Competing Motions for Attorney’s Fees and Costs
CASE NUMBER: 22CV-0200321 Tentative Ruling on Competing Motions for Attorney’s Fees and Costs: Plaintiffs move for an order awarding attorneys’ fees and costs totaling $255,507.56. Defendant opposes the motion. Defendant also separately moves for an order awarding attorney’s fees and costs of $239,561.99, 1
less the judgment amount of $24,174.63, for a total of $215,387.36. Plaintiffs oppose Defendant’s motion.
This case arises from the sale of residential real property in which Plaintiffs alleged several causes of action primarily related to a bat infestation and secondarily related to unpermitted structures. A final judgment in this matter was entered on March 6, 2026, after a 14-day court trial and after several amended statement of decisions had been issued. The Court ultimately found that Plaintiffs failed to sustain their burden of proving the claims regarding the bat infestation but awarded Plaintiffs $24,174.63 regarding the unpermitted structures.
Both parties argue that they are the prevailing party and are thus entitled to attorneys’ fees and costs. In the interests of justice, the Court will continue this matter to be heard by Judge Stephen Baker who presided over the 14-day court trial and who therefore has detailed knowledge of the underlying facts and merits of the various claims. The matter is continued to Monday, July 13, 2026, at 8:30 a.m. in Department 63 for further proceedings on the competing motions for attorneys’ fees and costs.
No further briefing is permitted. No appearance is necessary on today’s calendar.
****************************************************************************** 9:00 a.m. Review Hearings ****************************************************************************** BIANCHIN VS. ARIK, MD, ET AL.
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