Ron Miller Enterprises, Inc. v. Bobadilla

(03) Tentative Ruling

Re: Ron Miller Enterprises, Inc. v. Bobadilla Case No. 24CECG02665

Hearing Date: July 16, 2026 (Dept. 501)

Motion: Plaintiff’s Motion for Attorney’s Fees and Costs

Tentative Ruling:

To grant plaintiff’s motion for attorney’s fees of $13,110.00 and costs of $1,348.71. (Civil Code, § 1717.) Plaintiff shall submit a separate proposed judgment within 10 days of the date of service of this order with the fees and costs included as part of the judgment.

Explanation:

The court has already determined that plaintiff is entitled to an award of its fees and costs when it granted the motion for summary judgment. (See Court’s Order Granting Summary Judgment dated September 10, 2025.) The court’s order was based on the fact that there is an attorney’s fees clause in the subject contracts that provides that, if a party has to file litigation in order to enforce the contract, then the prevailing party in the litigation shall be entitled to recover its attorney’s fees and costs. Therefore, since plaintiff is the prevailing party in the litigation to enforce the contracts, it is entitled to its attorney’s fees and costs. (Civil Code, § 1717.)

Plaintiff’s counsel has now filed his declaration with copies of his billings from the case, which appear to be reasonable and proper. (Exhibit 2 to Motion for Attorney’s Fees.) He has also submitted a supplemental declaration, in which he reduces the requested fees from $19,708.60 to $13,110. (Suppl. Taylor decl.) The requested fees appear to be reasonably incurred and reasonable in amount. Defendant has not filed any opposition or made any effort to show that the fees are unreasonable or that they were not necessarily incurred in the litigation.

Therefore, the court intends to award the full amount of fees requested. Counsel also submits a copy of his memo of costs in the amount of $1,348.71. The requested costs appear to be reasonable and proper. Defendant has not opposed the request for costs or attempted to show that the costs are not reasonable or allowable. As a result, the court intends to award them in full.