VI LE VS. LUCAS FAMILY TRUST ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC23608174 - August 21, 2025 Hearing date: August 21, 2025 Case number: CGC23608174 Case title: VI LE VS. LUCAS FAMILY TRUST ET AL Case Number: | | CGC23608174 | Case Title: | | VI LE VS. LUCAS FAMILY TRUST ET AL | Court Date: | | 2025-08-21 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion For Attorneys Fees | Rulings: | | Real Property/Housing Court Motion calendar for August 21, 2025, line 8.

Defendants' Motion for Attorneys Fees is GRANTED pursuant to CCP sections 1032, 1033.5(a)(10)(A). The Court finds that the attorney fees provision in paragraph 39 of the Purchase Agreement is similar to the clauses in Xuereb v. Marcus & Millichap, Inc. (1992) 3 Cal.App.4th 1338 and Lerner v. Ward (1993) 13 Cal.App.4th 155, where the appellate court found the language sufficiently broad to encompass both contract actions and actions in tort. (See, Xuereb, supra, 3 Cal.App.4th at 1342-43; Lerner, supra, 13 Cal.App.4th at 158-59.) The provision at issue here is "not limited merely to an action on the contract, but to any action or preceding arising out of the agreement. This include[s] any action for fraud arising out of that agreement." (Lerner, at 160.)

The Court awards Defendants $25,790.00 in attorney fees. Fees incurred prior to the date the complaint was filed are excluded; as are duplicate fees incurred on 10/01/24 in the amount $60 and 2/20/25 in the amount of $60; and fees incurred as a result of attorney mistake on 10/18/24 and 10/21/24 in the amount of $270.00. =(501/CFH)

Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tent ative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear. | |