Graham Bell et al vs Lucrezia DeLeon et al

Case Number

23CV03312

Case Type

Hearing Date / Time

Fri, 01/16/2026 - 10:00

Nature of Proceedings

Attorney Fees and Costs

Tentative Ruling

For all reasons discussed herein:

Plaintiffs’ motion for attorney fees and costs of enforcing judgment is granted in the amount of $7,276.50 in attorneys’ fees and $1,760.15 in costs, payable by defendants Lucrezia DeLeon and Itsi House LLC, jointly and severally, to counsel for plaintiffs Graham Bell and Whitney Rush.

Background: 

This action commenced on August 1, 2023, by the filing of the complaint by plaintiffs Graham Bell and Whitney Rush against defendants Lucrezia DeLeon and Itsi House LLC for breach of contract, fraud, conversion and unjust enrichment related to a contract between the parties for construction of a Junior Accessory Dwelling Unit at plaintiffs’ residence in Santa Barbara.

On April 16, 2024, the parties filed a signed stipulation for entry of judgment in favor of plaintiffs and against defendants in the total pre-judgment amount of $84,891.43, which defendants were to make payments on according to a payment schedule. On April 18, 2024, Judgment was entered in the amount of $81,891.43.

Plaintiffs now seek an order for post-judgment fees and costs incurred in enforcing the judgment.

Defendants have not filed opposition or any other response to the motion.

Analysis:

Plaintiffs’ counsel seeks total attorney fees of $8,662.50, consisting of $7,177.50 in already incurred fees and $1,485.00 as anticipated fees for appearance at the hearing on the present motion, as well as costs of $1,780.84.

Code of Civil Procedure section 685.040 provides:

“The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney’s fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Attorney’s fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney’s fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5.”

“The judgment creditor may claim costs authorized by Section 685.040 by noticed motion. The motion shall be made before the judgment is satisfied in full, but not later than two years after the costs have been incurred.” (Code Civ. Proc., § 685.080, subd. (a).)

“ ‘ “[T]he statutory purpose of requiring that the motion for enforcement costs be brought “ ‘before the judgment is satisfied in full’ ” (§ 685.080, subd. (a)) is to avoid a situation where a judgment debtor has paid off the entirety of what he [justifiably] believes to be his obligation in the entire case, only to be confronted later with a motion for yet more fees.’ “ [Citation.]’ ” [Citation.]” (Gray1 CPB, LLC v. SCC Acquisitions, Inc. (2015) 233 Cal.App.4th 882, 891 (Gray1).)

Plaintiffs have filed the present motion prior to the judgment being satisfied in full. It is therefore timely.

Plaintiffs’ counsel charges an hourly rate of $495.00. The court finds the hourly rate to be reasonable and the time spent on each task reasonable.

The court has reviewed the claimed fees and costs and finds that, while generally recoverable, there are three entries which were not fees incurred for enforcement of the judgment. The fees for preparation of notice of entry of judgment, on April 22, 2024 and April 26, 2024, totaling .8 hours, will be deducted, reducing the amount requested by $396.00.

Costs for electronically filing the notice of entry of judgment, in the amount of $20.69 will be deducted.

Plaintiffs’ estimate of three hours to appear on the motion is excessive and will be reduced to one hour.

The total amount of fees ordered will be $7,276.50. The total amount of costs ordered will be $1,760.15.