In re Giusto

MEMORANDUM DECISION RE: MOTION FOR ATTORNEY’S FEES

Before the Court is the motion of Debt- or Jacqueline Giusto (“Debtor”) for recovery of attorney’s fees under Cal. Civ. Code § 1717 (“CCC § 1717”) as the prevailing party in litigation of Green Tree Servicing LCC’s (“Green Tree”) motion for relief from the automatic stay. Debtor is represented by attorney Jim Erickson. Green Tree is represented by attorney Nathan Smith. For the reasons explained below, the motion is granted.

I. FACTS

Debtor filed a chapter 13 bankruptcy case on October 21, 2013. 1 Listed on Schedule A was the real property located at 3971 Arbuckle Drive, San Jose, California (the “Property”). Debtor’s Schedule D states that Debtor is not listed on the mortgage, the mortgage is currently in Debtor’s deceased grandmother’s name, and that Debtor has been making the mortgage payments for the past decade.

In June 2001, Debtor’s grandmother, Maddelena E. Giusto, executed a note (“Note”) and deed of trust (“DOT”) in favor of Bank of America, N.A., which encumbers the Property. After Debtor’s grandmother passed away in 2002, Debt- or’s uncle inherited the Property; upon Debtor’s uncle’s death, the Property passed to…