Kensington Apartment Properties, LLC v. Loanvest IX, L.P.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

KENSINGTON APARTMENT Case No. 19-cv-05749-VC

PROPERTIES, LLC,

Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART MOTION FOR

v. FEES AND COSTS

LOANVEST IX, L.P., et al., Re: Dkt. No. 204 Defendants.

The request for attorneys’ fees is denied, and the request for costs is granted in part. This ruling assumes the reader’s familiarity with the facts, the applicable legal standard, and the arguments made by the parties. 1. Kensington prevailed on its reorganization plan, on the theory that Loanvest was wrong to collect as much as it did from Kensington under the plan. See Dkt. No. 191 at 5. That is the only contract that Kensington could have prevailed on, because the plan effectively replaced the note as the operative contract between the parties. See In re Pan American General Hospital, LLC, 385 B.R. 855, 865–66 (Bankr. W.D. Tex. 2008). But the plan lacks an appropriate fee- shifting provision, and Kensington does not argue otherwise. So section 1717 of the California Civil Code does not apply, and Kensington must pay its own fees by default. See Cal. Civ.…