Susan Scurich et al v. Northgate Cottages at Silverado, Inc. et al

CIVIL LAW & MOTION CALENDAR – Hon. Joseph J. Solga, Dept. B (Historic Courthouse) at 8:30 a.m.

Susan Scurich et al v. Northgate Cottages at Silverado, Inc. et al 24CV000076

MOTION TO BE RELIEVED AS COUNSEL

APPEARANCE REQUIRED

Platte River Insurance Company v. William Deem et al 24CV000384

MOTION FOR AWARD OF ATTORNEY FEES

TENTATIVE RULING: the motion is GRANTED.

The moving party failed to include in the notice of this motion proper notice of the Court’s tentative ruling system as required by Local Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who represents it did not timely receive the required notice, regardless of whether or not moving party is present at the hearing.

“Code of Civil Procedure section 1021 provides the basic right to an award of attorney fees.” (Xuereb v. Marcus & Millichap, Inc. (1992) 3 Cal.App.4th 1338, 1341 (Xuereb).) “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....” (Code Civ. Proc., § 1021; see also Code Civ. Proc., § 1033.5, subd. (a)(10)(A) [allowing attorneys’ fees authorized by contract as costs].)

By Minute Order of December 4, 2025 (12/4/25 M.O.), the Court found that “Plaintiff, Defendant Kimberton Wines, LLC (as Applicant and Indemnitor) and Defendant William Deem (as Indemnitor) entered into that certain General Indemnity Agreement (Agreement) attached as Exhibit A to the Declaration of Justin Hinton (Hinton Decl.).”

That Agreement provides, in part, that “Indemnitors, individually, and jointly and severally with Applicant and all other Indemnitors, agree to hold CIC and/or PR harmless from all Loss and to pay back or reimburse CIC and/or PR for all Loss.” (Id. at ¶ 2.) The Agreement defines Loss to include, “any payment or expense either incurred or anticipated by CIC and/or PR in connection with any Bond or this agreement, including: . . . any other expense in connection with claims, potential claims, or demands; claim fees, penalties; interest; court costs; collection agency fees; costs related to taking, protecting, administering, realizing upon, or releasing collateral; and attorney’s fees (including but not limited to those incurred in defense of bond claims or pursuing any rights of indemnification or subrogation and in obtaining and enforcing any judgment arising from those rights.” (Ibid.)

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