Skaggs v. Mitchell, et al.

CASE NUMBER: 24CV-0205961 Tentative Ruling on Motion for Attorney Fees: Plaintiff moves for an order awarding attorney fees and costs incurred for the common benefit of all owners in this partition action, pursuant to CCP §§ 874.010 and 874.040. The motion is unopposed.

CCP § 874.010 provides that the costs of partition include the reasonable attorney fees incurred or paid by a party for the common benefit. CCP § 874.040 provides that the court shall apportion the costs of partition among the parties in proportion to their interests, or as may be equitable. Here, the Court entered Interlocutory Judgment Granting Partition by Sale on March 30, 2026. That Judgment provides for the award of reasonable attorney fees and costs incurred for the common benefit of all owners in amount to be determined on motion. The Judgment further provides for the deduction of the awarded fees and costs from the proceeds of the sale prior to distribution to the parties.

The Court finds that the attorney fees sought are reasonable. The hourly rate for counsel ($325) and for the paralegal ($125) is within the range typically awarded for comparable work in Shasta County. Additionally, the request is supported by a Declaration of Counsel and detailed billing records. The hours billed are reasonable. The Declaration of Counsel also provides an itemized list of expenses. These are recoverable with the exception of costs for printing ($94.25) and mailing ($280.22). CCP § 1033.5(b)((3) provides that postage and photocopying charges are not allowable costs. Therefore, the total award will be reduced by $374.47.

The Motion is GRANTED. Attorney fees and costs in the total amount of $21,802.50 are awarded. Pursuant to the Court’s March 30, 2026 Judgment, this amount is to be deducted from the proceeds of the sale of the subject property prior to distribution to the parties. The proposed order will be modified.

SP CONTRACTING, INC. VS. HOUSTON, ET AL.