West Sacramento Hospitality v. S.A.V. Texas CA3

BACKGROUND

After succeeding in the bench trial on some of the causes of action in the cross- complaint, defendants made two separate motions for attorney’s fees. The first motion sought an award of attorney’s fees incurred to defend certain causes of action asserted in the complaint. They brought the motion based on the attorney’s fee provision in the hotel purchase agreement, pursuant to Civil Code section 1717. In support of the motion, defendants submitted declarations from attorney Monica Hans Folsom with the law firm Delfino Madden O’Malley Coyle & Koewler LLP (the Delfino law firm), and attorney Lauren Jones. Ms. Folsom stated it was difficult to apportion the time billed by the Delfino law firm between the complaint and the cross- complaint, but that based on the number of claims and elements involved in the two pleadings, a reasonable apportionment would be 75% to the complaint and 25% to the cross-complaint. The second motion sought attorney’s fees incurred in litigating the cross- complaint, again pursuant to Civil Code section 1717. The motion was supported by declarations from Jones and attorneys from the Delfino law firm. At the hearing on the motions, the trial…