| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Motion for attorneys' fees
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TENTATIVE RULINGS May 14, 2026
# Case Name Tentative
1. 30-2021-01184189- Defendants Aliso Villas Condominium Association and CU-PO-CJC Total Property Management, Inc., seek an award of Holcomb vs. $48,111.00 as reasonable attorneys’ fees incurred in Aliso Villas connection with the appeal brought by plaintiff and Condominium appellant Scott Palmer Holcomb. Association Plaintiff brought an appeal in this case after the Court granted nonsuit at trial and entered a judgment against him. The Court of Appeal affirmed the judgment and denied a motion for rehearing. After plaintiff’s petition for review by the Supreme Court was denied, the Court of Appeal issued remittitur on February 25, 2026. ROA 760.
This Court previously awarded prevailing party attorneys’ fees to moving defendant for fees incurred before and at trial. See Minute Order of April 7, 2025, ROA 659. The Court held that the award was authorized under Civil Code §
5975(c), which provides that, “[i]n an action to enforce the governing documents [of a common interest development], the prevailing party shall be awarded reasonable attorney's fees and costs.”
While attorneys’ fees are usually not a recoverable cost on appeal, if they are recoverable under statute or contract at the trial court, they are also recoverable for services on appeal.
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Thus, moving defendants are entitled to recover reasonable attorneys’ fees as the prevailing parties on appeal.
In statutory fee-shifting cases, in which the prevailing party is statutorily authorized to recover his or her attorney's fees from the losing party, the lodestar method is the primary method for establishing the amount of recoverable fees. Glaviano v Sacramento City Unified School District, 22 Cal. App. 5th 744, 750-751 (2018). Under the lodestar method, the trial court must first determine the lodestar figure, which is the reasonable hours spent multiplied by the reasonable hourly rate, based on a careful compilation of the time spent and reasonable hourly compensation of each attorney involved in the presentation of the case. Id. At 751.
Moving defendants have presented evidence, consisting of the declaration of Attorney Jody Steinberg and a copy of the billing entries (Exhibit B to the Steinberg declaration) to show that the request for attorneys’ fees of $48,111.00 is based on a total of 235.3 hours billed as follows:
• 36.5 hours at a rate of $135/hr. ($4927.50) • 16.3 hours at a rate of $220/hr. ($3586.00) • 168.5 hours at a rate of $235/hr. ($39,597.50)
Given the tasks performed, the Court can find that the billing rates and the number of hours billed are more than reasonable and the fees requested by moving defendants may be awarded.
Accordingly, the motion of defendants Aliso Villas Condominium Association and Total Property Management, Inc., for an award of $48,111.00 as reasonable attorneys’ fees incurred in connection with the appeal brought by plaintiff and appellant Scott Palmer Holcomb is GRANTED.
Moving party to give notice.
2. 30-2025-01469044- Before the Court are the following TEN (10) motions: two CU-PO-CJC (2) Motions to Compel Further Responses to Request for Michaud vs. Production of Documents (“MF-RFP”), Set Two, and Costco Wholesale Sanctions (ROA 446), brought by Plaintiff Valeda Michaud, Membership, Inc by and through her Guardian Ad Litem, Melanie Michaud (collectively, “Michaud”), and Charles Michaud (collectively, “Plaintiffs”), one against Defendant Costo Wholesale Corporation (“Corporation”), and one against Defendant Costco Wholesale Membership, Inc. (“Membership”) (collectively, “Defendants”); two (2) MF- RFP, Set One, and Sanctions (ROA 450) brought by Plaintiffs, one against Corporation, and one against Membership; a Motion to Compel the Deposition (“MC- DEPO”) of Corporation’s employee Leigh Ann Ruijters (“Ruijters”), and Sanctions (ROA 451), brought by Michaud against Corporation; a Motion to Compel Further Responses to Request for Admissions (“MF-RFA”), Set Two, and Sanctions (ROA 453), brought by Plaintiffs against Membership; two (2) Motions to Compel Further Responses to Special Interrogatories (“MF-SROG”), Set Two (ROA 262), and Sanctions, brought by Plaintiffs, one against Corporation, and one against Membership; and two (2) MF- SROG, Set One, and Sanctions (ROA 449), brought by Plaintiffs, one against Membership, and one against Corporation.
As a preliminary matter, the Court notes that on March 27, 2026, the Court ordered Plaintiffs to file amended motions, declarations, and separate statements for the pending motions. ROA 400. On April 8, 2026, Plaintiffs filed amended moving papers as to all pending motions except for Plaintiffs’ MF-SROG, Set Two (ROA 262). The Court