Moreno v. Kim, et. al.

TENTATIVE RULINGS

DEPARTMENT N17

Judge Craig L. Griffin

Date: July 6, 2026 Time: 2:00 PM

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# 1 Moreno v. Kim, The motion by Defendants Mong Suh Kim and Aiza Kim for an award et. al. of attorney’s fees against plaintiff Marvin Moreno is DENIED, as set forth herein.

The within action arises from alleged misrepresentations, along with concealment of facts, regarding water leaks and damage in the sale of an Anaheim home in 2023. On December 12, 2025, the court ordered the entire action dismissed, without prejudice, as a result of plaintiff failing to appear at the October 17, 2025 Status Conference.

In this motion, Defendants seek an award of attorney’s fees based on their assertion they are the prevailing party and entitled to fees “pursuant to ¶22 of the attached ‘California Residential Purchase Agreement and Joint Escrow Instructions’.” (Motion at 3:5-6) Civil Code §1717(a) provides: “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.”