Sphear Investments LLC vs MOD Super Fast Pizza California LLC et al

Case Number

24CV05699

Case Type

Hearing Date / Time

Fri, 01/09/2026 - 10:00

Nature of Proceedings

Motion: Attorney Fees

Tentative Ruling

On August 11, 2025, the court entered judgment in this action in favor of plaintiff and against defendants in the amount of $114,244.36. On August 25, plaintiffs filed their motion for an award of contractual attorney fees in the amount of $35,873.50 now set for this hearing. Defendants have filed no opposition or other response to the motion.

After reviewing the motion and supporting documents, the court finds that there exists a contractual provision for the award of attorney fees to the prevailing party, that plaintiff is the prevailing party, and that the respective hourly rates and hours accrued as set forth in the declaration of attorney Kevin R. Nimmons are reasonable (with the exception of anticipated time reviewing opposition, drafting a reply and preparing for this hearing). Because no opposition or other response was filed and the reply consists of a statement to that effect, amounts corresponding to anticipated time for such work are not reasonable. The court otherwise grants the motion and will award attorney fees in favor of plaintiff and against defendants in the amount of $33,623.50.