SAN LEANDRO ASHLAND LLC vs WARD, et al.

24CV061477: SAN LEANDRO ASHLAND LLC vs WARD, et al. 05/28/2026 Hearing on Motion for Attorney Fees filed by KERI A EVILSIZOR (Attorney) CRS# A-61477-001 in Department 512

Tentative Ruling - 05/27/2026 Jenna Whitman

The Motion for Attorney Fees filed by KERI A EVILSIZOR on 04/29/2026 is Granted in Part.

Plaintiff San Leandro Ashland LLC’s (“Plaintiff”) unopposed Motion for Attorney’s Fees and Costs of Suit is GRANTED IN PART.

The Court AWARDS Plaintiff attorneys’ fees pursuant to § 4.11 of the parties’ lease agreement in the amount of $2,000 payable by defendant Ronald Ward (“Defendant”).

The Court AWARDS Plaintiff costs of suit in the total amount of $858.76 payable by Defendant.

Although the Notice of Motion fails to state either the amount of attorneys’ fees requested or the costs of suit requested, the attached memorandum of points and authorities arguably cures the defect, making sufficiently clear the fees and costs sought by Plaintiff.Thus, rather than requiring Plaintiff to incur additional fees to re-file the motion, the Court addressses the merits.

Plaintiff establishes that fees are recoverable pursuant to the subject lease. (Civil Code § 1717; Hjelm v. Promethius (2016) 3 Cal.App.5th 1155, 1168.) Plaintiff presents evidence that its legal counsel spent ten hours on this action and billed a rate of $200/hr. The Court finds both that the time spent, in light of the nature of the case and tasks performed, and the requested hourly rate are reasonable.

Wherefore, the Court AWARDS Plaintiff $2,000 in attorneys’ fees.

Plaintiff’s request for costs of suit appears to seek costs from a related underlying unlawful detainer action, San Leandro Ashland LLC v. Ward, 23CV036269 (the “UD Action”) in the amount of $513.90. However, the UD Action did not result in a judgment in favor of Plaintiff because Defendant surrendered the leased premises to Plaintiff before trial. The UD Action was then transferred to a CDC department to address the remaining issues of back rent and any remaining issues not involving right to possession. However, Plaintiff filed a new action, the present action, apparently so that Plaintiff could seek unpaid rent in an amount greater than that requested in the UD Action Complaint. In these circumstances, the Court declines to award Plaintiff as costs in this action costs incurred in the prior UD Action ($513.90).