DURA CRANE, INC. VS. J. L. AMONETT CO.

CASE NUMBER: 25CVG-00038 Tentative Ruling on Motion to Recover Reasonable Attorney Fees: Plaintiff Dura Crane, Inc. moves for an award of reasonable attorneys’ fees following entry of judgment in which the Court found in favor of Plaintiff. Although the motion was properly noticed, Defendant Amonett Co. did not oppose the motion.

As the prevailing party, Plaintiff moves for attorney’s fees based on the parties’ underlying contract. “Except as attorney’s fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.” CCP § 1021. Allowable costs include “Attorney’s fees, when authorized by any of the following: (A) Contract. (B) Statute. (C) Law.” CCP § 1033.5(a)(10).

(a) 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. Where a contract provides for attorney’s fees, as set forth above, that provision shall be construed as applying to the entire contract, unless each party was represented by counsel in the negotiation and execution of the contract, and the fact of that representation is specified in the contract.

Reasonable attorney’s fees shall be fixed by the court, and shall be an element of the costs of suit. Civ. Code § 1717(a)

Section 7 of the contract states that “[i]f the account is referred to collection the Lessee agrees to pay collection costs and attorney’s fees.” This case was filed as a breach of contract seeking, among other causes of action, enforcement and collection of payment for the use of rental equipment pursuant to the terms of the contract. Therefore, Section 7 of the contract would apply to this matter. Additionally, in the judgment entered on March 6, 2026, the Court ordered that the judgment include attorneys’ fees upon the filing of a motion.