Najarian Holdings LLC v. CoreVest American Finance Lender LLC

Background

CoreVest moved for attorneys’ fees and $1,548.67 in non-taxable costs. The parties appeared through counsel at a January 27, 2022 hearing.

Attorneys’ fees

The court explained that attorneys’ fees are calculated under the lodestar method: the court multiplies the reasonable hours spent on the litigation by a reasonable hourly rate. CoreVest submitted attorney time records and client invoices supporting the hours claimed, along with cases supporting its attorneys’ hourly rates. The plaintiffs did not provide evidence showing that the rates were unreasonable and cited cases the court found inapplicable. The court rejected the plaintiffs’ arguments that the requested award violated the Eighth Amendment or was excessive. It stated that a fee award not payable to the government is not a civil penalty and that the lodestar method governed the calculation.

Non-taxable costs and ruling

The court stated that California law disallows certain costs, including postage, telephone, and photocopying charges, except for exhibits. CoreVest did not support its request for non-taxable costs and withdrew that request at the hearing. The court therefore granted CoreVest’s motion for attorneys’ fees, awarding $692,079.50, and denied CoreVest’s request for $1,548.67 in non-taxable costs. Judge Phyllis J. Hamilton signed the order.