White

White v. Taylor CA2/4

Good Law
Court of Appeal of CaliforniaSeptember 25, 2014B252350California2,889 words

Opinion

Opinion

Collins, J.

INTRODUCTION

Defendant Jayceon Terrell Taylor appeals an award of attorney fees following the granting of his second motion to set aside the entry of default. Taylor contends the trial court abused its discretion in awarding $19,125 in attorney fees to plaintiff Lawrence White, claiming it was unreasonable for the court to rely on White’s attorney’s declaration regarding the amount of time the attorney spent seeking the default and opposing Taylor’s motions. We disagree and therefore affirm the trial court’s award.

FACTUAL AND PROCEDURAL HISTORY

On October 25, 2012, White initiated the underlying action against Taylor and others, alleging claims for assault, battery, defamation, and other related causes of action stemming from an alleged physical altercation between the two hip-hop artists and the subsequent publication of a cellphone video of the fight. White filed a proof of service on November 2, 2012, showing service of the summons and complaint on Taylor by substituted service—first by leaving a copy of the papers at Taylor’s residence with a person identified as “Ice,” and then by mailing a copy of the papers to the same address the following day.

A. Taylor’s First…

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