Judge: William A. Crowfoot, Case: 24AHCP00068, Date: 2024-04-29 Tentative Ruling
Case Number: 24AHCP00068 Hearing Date: April 29, 2024 Dept: 3
SUPERIOR COURT OF THE STATE OF
CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - NORTHEAST
DISTRICT
Petitioners Board of Trustees of the
Cement Masons Southern California Health and Welfare Fund, Board of Trustees of
Eleven Counties Cement Masons Vacation Savings Plan, Board of Trustees of
Cement Masons Joint Apprenticeship Trust, and Board of Trustees Cement Masons
Southern California Individual Retirement Account (Defined Contribution) Trust
(collectively, “Petitioners”) request the Court issue an order confirming the
arbitration award (“Award”) issued by Mark Burstein on October 19, 2023 against
respondent Fehoko Concrete, Inc. (“Respondent”).
Any party to an arbitration in which an
award has been made may petition the court to confirm, correct, or vacate the
award. (Cal. Code of Civ. Proc. §1285.) The procedural requirements of a
petition to confirm an arbitration award require the petition to:
“(a) Set forth the substance of or have
attached a copy of the agreement to arbitrate unless the petitioner denies the
existence of such an agreement.
(b) Set forth the names of the
arbitrators.
(c) Set forth or have attached a copy
of the award and the written opinion of the arbitrators, if any.”
(Code of Civ. Proc., §1285.4.)
Here, Petitioners seek entry of judgment
in the principal sum of $151,398.41, consisting of fringe benefit contributions
in the amount of $92,995.86, liquidated damages in the amount of $48,877.96, accrued
interest in the amount of $8,407.92, inter-office expenses in the amount of $250.00,
and arbitrators’ fees in the amount of $866.67. Additionally, Petitioners seek:
interest in the amount of $3,923.66, calculated at the per diem rate of $25.48
from October 18, 2023 to March 20, 2024, and continuing to accrue until the sum
of $92,995.86 is paid, attorney’s fees in the amount of $4,460.00, and costs in
the amount of $437.25, incurred or to be incurred by Petitioners in enforcing
the Award.
Respondent did not oppose the Petition.
Accordingly, the Court confirms the Award and proceeds to address Petitioners’
request for reasonable attorneys’ fees and costs.
“The reasonableness of attorney fees is
within the discretion of the trial court, to be determined from a consideration
of such factors as the nature of the litigation, the complexity of the issues,
the experience and expertise of counsel and the amount of time involved. The
court may also consider whether the amount requested is based upon unnecessary
or duplicative work.” (Wilkerson v.
Sullivan (2002) 99 Cal.App.4th 443, 448.) “The basis for the trial court's
calculation must be the actual hours counsel has devoted to the case, less
those that result from inefficient or duplicative use of time.” (Horsford v.
Board of Trustees of California State University (2005) 132 Cal.App.4th
359, 395.)
Petitioners’ counsel, Harrison Levy,
declares that his law firm’s blended rate is $300 per hour for partners and
associates and $115 for paralegal services. (Motion, Levy Decl., ¶ 6.) He states
that he spent 2.3 hours preparing a written demand and drafting the instant
petition, which was attached to the demand sent to Respondent. Kathryn Halford,
a partner, spent 2.9 hours reviewing and editing the demand and the petition.
Laura Taylor, a paralegal, spent .5 hours preparing the exhibits. (Levy Decl.,
¶ 4.) When Respondent did not respond to
the demand, Mr. Levy and Ms. Halford each spent 0.4 hours and 0.5 hours,
respectively, reviewing and finalizing the petition while Ms. Taylor spent 0.5
hours preparing the petition for filing. (Levy Decl., ¶ 5.) After the petition
was filed, Mr. Levy spent 4.6 hours preparing the instant motion and accompanying
papers. (Levy Decl., ¶ 6.) Ms. Taylor spent 1 hour revising the motion and
preparing the exhibits. (Ibid.) Ms. Halford spent 0.8 hours reviewing
and editing the motion and accompanying papers. In sum, Petitioners have incurred
the reasonable amount of $3,560 in fees for professional services and $437.25
in costs.
Mr. Levy declares that he expects to
spend an additional 3 hours preparing for, traveling to, and attending the
hearing on this motion and requests an additional $900 in anticipated fees. The
Court denies the request for these fees because they have not actually been
incurred.
In conclusion, the Court confirms the
Arbitration Award and enters judgment in accordance with the Award. The Court
also awards attorneys’ fees and costs in the total amount of $3,997.25.
Dated
this
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William A.
Crowfoot Judge of the Superior Court |
Parties who intend to submit on this
tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating
intention to submit on the tentative as directed by the instructions provided
on the court website at www.lacourt.org. Please be advised that if you submit
on the tentative and elect not to appear at the hearing, the opposing party may
nevertheless appear at the hearing and argue the matter. Unless you receive a
submission from all other parties in the matter, you should assume that others
might appear at the hearing to argue. If the Court does not receive emails from
the parties indicating submission on this tentative ruling and there are no
appearances at the hearing, the Court may, at its discretion, adopt the
tentative as the final order or place the motion off calendar.