Case Number: BC615561 Hearing Date: March 20, 2017 Dept: 58

Hearing Date: Monday, March 20, 2017
Calendar No: 5
Case Name: TRC MM, LLC v. Park
Case No.: BC615561
Motion: Motion for Attorney Fees
Moving Party: Plaintiff TRC MM, LLC
Responding Party: No opposition filed

Tentative Ruling: Motion for attorney fees is granted as requested.

Plaintiff TRC MM, LLC filed this unlawful detainer action against Defendant Hong Suk Park concerning commercial premises located at Atlantic Square, 2076 S. Atlantic Blvd., Monterey Park, CA 91754 (“Premises”). On 7/29/16, the Court granted Plaintiff’s motion for summary judgment. Judgment was entered on 8/17/16.

Motion for Attorney Fees –
Plaintiff request attorney fees pursuant to Civil Code § 1717, submitting that the lease agreement contains an attorney fee provision (see Gabriel Decl. ¶ 2, Ex. A § 23.11(o)). As the prevailing party in this action to enforce the lease agreement, Plaintiff is entitled to recover its attorney fees. See, e.g., Wutzke v. Bill Reid Painting Service, Inc. (1984) 151 Cal.App.3d 36, 46. Plaintiff requests attorney fees of $20,720 reflecting all work performed concerning pre-litigation activity, the litigation of this action, and the preparation of this motion. Gabriel Decl. ¶¶ 5-9, Ex. F. Plaintiff’s counsels adequately support the reasonableness of the hourly rates and the time spent in litigating this action. No opposition was filed. Therefore, the motion for attorney fees is granted as requested.