WILBOR vs LEDUC & DEXTER INC., et al.

22CV009431: WILBOR vs LEDUC & DEXTER INC., et al. 06/02/2026 Hearing on Motion for Attorney Fees filed by Anthony Barbato (Defendant) CRS# 135538931645 in Department 512

Tentative Ruling - 05/29/2026 Jenna Whitman

The Motion for Attorney Fees filed by Anthony Barbato on 03/17/2026 is Granted.

Defendant Anthony Barbato’s (“Defendant”) unopposed Motion for Attorney’s Fees is GRANTED.

The Court AWARDS Defendant attorney’s fees payable by plaintiff Rosalinda Wilbor (“Plaintiff”) in the amount of $88,585. (See Arouh Dec. ¶ 8.)

The Court notes that the motion purports to seeks costs of suit also, but that request has already been made pursuant to Defendant’s filing of a Memorandum of Costs on 5/22/2026. A ruling on costs would therefore be premature. (CRC Rule 3.1700(a)(1).)

The basis for the award of attorney’s fees is the written lease agreement between Plaintiff and defendant Redwood Senior Living Inc. (“Redwood”) at ¶ 19 providing for an award of attorney’s fees to the prevailing party in litigation arising under the lease. (Complaint Exh. 1.) Plaintiff’s Operative First Amended Complaint (“FAC”) alleges that Defendant is the owner and CEO of Redwood and alleges that Redwood and Defendant are alter egos. (FAC ¶¶ 4-8.)

On 9/14/2024, Defendant’s Motion for Summary Judgment was granted based on Defendant meeting his initial burden of production to show that he and Redwood were not alter egos and Plaintiff’s failure to submit sufficient evidence in opposition to create triable issues of material fact regarding Defendant’s alter ego liability.

Because Plaintiff would have been entitled to an award of attorneys’ fees under the lease had she established at trial Redwood’s liability and that Redwood and Defendant were alter egos, Defendant is entitled to an award of attorneys’ fees in this action. (Reynolds Metals Co. v. Alperson (1979 25 Cal.3d 124, 128.) The declaration filed in support of the motion supports the reasonableness of the (discounted) hourly fee charged by each billing professional. It also provides an adequate explanation of the tasks performed and documents prepared, which appear to be reasonable and necessary to defend this action.

Plaintiff’s Counsel filed a declaration on 5/27/2026 regarding the termination of his services by Plaintiff on 9/30/2025 and his transmission of the moving papers to Plaintiff on an unspecified date by mail. Counsel’s declaration does not contest Defendant’s Motion on the merits. Counsel remains Plaintiff’s counsel of record in this action until an executed Substitution of Counsel has been filed or a Motion to Be Relieved as Counsel has been filed and granted by the Court.

Wherefore, Defendant’s Motion for Attorneys’ Fees is GRANTED to the extent set forth above. 22CV009431: WILBOR vs LEDUC & DEXTER INC., et al. 06/02/2026 Hearing on Motion for Attorney Fees filed by Anthony Barbato (Defendant) CRS# 135538931645 in Department 512 Once the issue of fees is resolved, moving party may wish to submit a [proposed] Amended Judgment for the Court’s consideration.

CONTESTING TENTATIVE RULINGS

PLEASE NOTE: If any party contests the tentative ruling, the hearing on the motion will occur remotely via the court's own video-conferencing system.

Pursuant to California Rule of Court 3.1308, subdivision (a)(1), this tentative ruling will become the order of the Court unless it is contested before 4:00 PM on the court day preceding the noticed hearing date.

To contest a tentative ruling, a party should do the following:

First, the party must notify Department 512, by email at Dept512@alameda.courts.ca.gov and copy all counsel of record and self-represented parties. The contesting party must state in the subject line of the email the case name, case number and motion.

Second, the party shall log into the eCourt Public Portal, search for this case (e.g., by case number), select the case name, select the "Tentative Rulings" tab, click the "Click to Contest this Ruling" button, enter the party's name and a brief statement of the party's reason for contesting the tentative, and click "Proceed."

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