THEMISTOCLES CHILICAS, AGENT FOR THE ANASTACIOS VS. OSCAR GONZALEZ ET AL

Real Property/Housing Court Law and Motion Calendar for June 5, 2025 line 6.

DEFENDANT OSCAR GONZALEZ, DELIA CARBAJAL, LUIGI MERCADO NOTICE OF MOTION FOR ATTORNEYS' FEES is GRANTED. Plaintiff Themistocles Chilicas shall pay $10,025.00 in attorneys' fees to defendants Oscar Gonzalez, Delia Carbajal, and Luigi Mercado.

All arguments made in opposition to this motion lack merit. There is no binding law of the case regarding the award of fees relating to a motion pertaining to parties' Stipulation nor does any prior ruling on the award of fees in any way constrain the court from making a fair and neutral ruling on the current motion for fees. The court construes paragraphs 2D and 4G of the Stipulation in light of Civil Code 1717 as allowing for an award of fees without entry of judgment. In accordance with plaintiff's own interpretation of the Stipulation as of the date he filed his unsuccessful motion for entry of judgment which is the predicate for this motion, the court interprets the Stipulation as providing for an award of fees without need for the filing of a separate lawsuit.

Due to their unqualified win on plaintiff's motion for entry of judgment, defendants are the prevailing parties on that motion for purposes of an award of fees. Based on the court's own review of the papers filed in support of and in opposition to the motion for entry of judgment, the fees sought by defendants are reasonable in that the time for which their attorneys claim to have spent and their requested hourly rates are reasonable. =(501/HEK)

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 tentative 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. | |