Bussolini vs. Ma

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# Case Name Tentative

1. 2025-1455712 The motion of Cordoba Legal Group, by Andrew Joseph Gramajo, Bank Of counsel of record for defendant Rex Sofonio to be relieved as counsel America, N.A. for Defendant is granted. [ROA #28.] vs. Sofonio The court will fill in the proposed order as to findings and to show that there are no future dates and will sign the amended order.

Upon the signing of the amended order, counsel shall serve the signed order on Defendant and all parties that have appeared. Counsel will be relieved as counsel of record for Defendant effective upon the filing of the proof of service of the signed amended order upon Defendant and all other parties.

2. 2026-1553859 Adam Kocaj, Esq. of Kocaj Law, P.C.’s motion to be relieved as Bussolini vs. counsel for Plaintiff Bradley Bussolini is granted. Ma Upon the signing of the order, counsel shall serve said order on all parties who have appeared as well as Mr. Bussolini.

Adam Kocaj, Esq. of Kocaj Law, P.C. will be relieved as counsel of record for Plaintiff effective upon the filing of the proof of service of the signed order upon the parties.

Mr. Kocaj shall give notice of the ruling.

5. 2022-1276938 Plaintiffs David K. Uthman and Wendace C. Witt’s Motion to Uthman vs. Amend Judgment to Award Attorney’s Fees, Prejudgment Interest Angel Babies and Costs is granted in part as set forth below. Surrogacy & Egg Donation Prejudgment Interest LLC The Judgment provides that Defendants unlawfully withheld and concealed Plaintiffs’ $67,400. (ROA 139, pg. 2:15.) Plaintiff David K. Uthman was awarded $267,400 plus interest pursuant to Civil Code § 3288; and Plaintiff Wendace C. Witt was awarded $200,000, plus interest pursuant to Civil Code § 3288. (Judgment, ROA 139. at pg. 2:17-20.)

Civil Code § 3288 provides for awarding prejudgment interest in tort and certain other non-contractual actions. Prejudgment interest pursuant to Civil Code § 3288 is 7 percent per annum. The damages base for the interest calculation consists of the ascertainable, economic losses. (Steinfeld v. Foote-Goldman Proctologic Medical Group, Inc. (1997) 60 Cal.App.4th 13, 21.) Thus, prejudgment interest is calculated using $67,400 that was taken by Defendants.

$67,400 x 7% = $4,718/yr. Thus, $4,718 divided by 365 days = $12.93 prejudgment interest per day.

The accrual start date runs from the date of the tortious act proximately causing the plaintiff’s damages, or 11/21/19. (See, Newby v. Vroman (1992) 11 Cal.App.4th 283, 289.) Thus, prejudgment interest is calculated from 11/21/19 until the date of Judgment, 3/19/26, which is 2310 days (not 1579 days as claimed by Plaintiffs).

2310 days x $12.93/day = $29,868.30

Accordingly, prejudgment interest in this matter is $29,868.30.

Attorney’s Fees

A. Entitlement to Fees

When authorized by contract, statute or “law,” reasonable attorney fees are “allowable costs.” (Code Civ. Proc. § 1033.5(a)(10)(A), (B) & (C).) Penal Code Section 496 states: “(c) Any person who has been