MOTION FOR ATTORNEYS FEES
1. CASE # CASE NAME HEARING NAME JARA HOLDING CVRI2400333 SECOND, LLC VS MOTION FOR ATTORNEYS FEES RAMANI Tentative Ruling:
The factual representations in the reply memorandum are not considered. The motion for attorney’s fees is granted in the reduced sum of $46,240.
Analysis:
The factual representations in the reply are not supported by any evidence. Even if they had been supported by a declaration, a declaration submitted with a reply is untimely. The Court rejects the cross-defendants’ contention that the results of the trial are mixed to the extent that the moving parties are not entitled to any fees. The cross-complaint sought ejectment and damages for breach of contract. The court found that the crosscomplainants were entitled to ejectment and found that the cross-defendants had breached the contract. Under those facts, as indicated in the judgment, the crosscomplainants are the prevailing parties. There is no basis to allocate fees or to deny fees to the prevailing party. The only question is the amount of fees reasonably incurred.
The moving party did not support its motion with contemporaneous time records. Instead, Rosen conceded that he “kept [his] time entries on a monthly basis.” Thus, they are estimates made up to 30 days after the fact. That those estimates are not entirely reliable is demonstrated by the fact that 28 of the entries are for whole hours. To account for the weakness of the evidence of the time incurred, the Court reduces the fees claimed by 15%.
2. CASE # CASE NAME HEARING NAME OCHOA VS CITY OF CVRI2405011 MOTION FOR LEAVE TO AMEND RIVERSIDE Tentative Ruling:
The hearing on the motion for leave to file a second amended complaint is continued to July 14, 2026, at 8:30 A.M. in this department. The moving party shall file and serve an amended declaration pursuant to section 377.32 no later than July 6, 2026. The defendants may file and serve a sur-reply no later than July 9, 2026. If no declaration is filed in a timely manner, the motion shall be denied.
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