Western American Loan, Inc. v. Padilla, et al.

CASE NUMBER: 22STCP04184 NOTICE: OK PROCEEDINGS: MOTION OF WESTERN AMERICAN LOAN, INC. FOR ATTORNEYS' FEES AND COSTS MOVING PARTY: Plaintiff Western American Loan, Inc. RESP. PARTY: None MOTION FOR ATTORNEY FEES AND COSTS (Code Civ. Proc., Sec. 685.040) TENTATIVE RULING: The Court GRANTS Western American Loan, Inc.'s motion for attorney fees and costs in the amount of $3,312.13. Western is to give notice. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP Sec.Sec. 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP Sec.Sec. 12c, 1005(b)) OK OPPOSITION: None filed as of August 24, 2026 [] Late [X] None REPLY: None filed as of August 24, 2026 [] Late [X] None

ANALYSIS: In November 2022, the Court domesticated an Arizona judgment in favor of Western American Loan, Inc. and against Albert and "Doe Spouse" Padilla. Western now moves for an award of attorney fees and costs incurred post-judgment.

Attorney fees are allowable as costs when authorized by contract, statute, or law. (Code Civ. Proc., Sec. 1033.5, subd. (a)(10).) Code of Civil Procedure section 685.040 entitles a judgment creditor to reasonable and necessary costs of enforcing a judgment, including attorney fees, if the underlying judgment includes a fee award. The judgment creditor may claim those costs through a noticed motion before the judgment is satisfied in full, but not later than two years after the costs have been incurred. (Id., Sec. 685.080, subd. (a).)

Notice of Western's motion was served properly on judgment debtor Albert Padilla. The sister-state judgment provides for "all costs and reasonable attorney fees incurred by [Western] after submission of [the] judgment for entry by the Court in collecting the amounts listed in [the] Judgment." Western is therefore entitled to attorney fees pursuant to the sister-state judgment. The judgment has not yet been satisfied, and the fees and costs sought by Western were incurred between July 15, 2024 and the present.

The Court's objective is to award those fees at the fair-market value for the attorneys' work. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132.) That can be done by multiplying the number of hours the attorneys reasonably expended by a reasonable hourly rate. (Id. at p. 1132, 1134.)

Western seeks attorney fees based on its counsel, B. Austin Baillio's, hourly rate of $375.00 per hour until January 1, 2026, after which the rate increased to $395.00 per hour, with some services performed for a flat fee. Western also seeks paralegal fees based on the hourly rates of $175.00 per hour for some of the paralegals and $185.00 per hour for others. With his declaration, Baillio provides a ledger for this matter, with itemized hours demonstrating the specific tasks completed and the fees thereby incurred. In total, the ledger reflects $2,787.00 in fees, consisting of 7.8 hours of total work, including 0.4 hours for attending this hearing. The Court finds both the rates and number of hours expended to be reasonable--minus the 0.4 hours for attending a hearing for which there is a tentative ruling granting Western's motion.

Western also requests costs in the amount of $683.13, which includes electronic monitoring fees, filing fees, service fees, fees for writs of execution and wage garnishment orders, and background research fees. The Court finds this amount supported by the ledger provided by Baillio.

Accordingly, the Court GRANTS Western's motion for attorney fees and costs in the amount of $3,312.13. Western is to give notice.

Case Number: 26STLC02191 Hearing Date: August 26, 2026 Dept: 25 HEARING DATE: Wed., August 26, 2026 JUDGE /DEPT: Eisenman/25 CASE NAME: Cosey v. 1618 83rd LLC COMP. FILED: 04-01-26