Judgment in Lee vs. Town of Apple Valley: CIVDS1507221 (February 3, 2017)

LAW OFFICE OF CHAD D. MORGAN
Chad D. Morgan, Esq. SBN 291282
1101 California Ave., Ste. 100
Corona, CA 92881
Tel: (951) 667-1927
Fax: (866) 495-9985
[email protected]

Attorneys for Petitioner
Leane Lee

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO

Leane Lee,

Petitioner,

vs.

Town of Apple Valley et al,

Respondent.

Case No.: CIVDS 1507221

Assigned for all purposes to:

Hon. David Cohn, Dept. S-26

Judgment

Action Filed: May 20, 2015
Trial Date: Not Set

On January 31, 2017 at 8:30 a.m., Petitioner Leane Lee’s Motion for Attorneys’ Fees came for hearing before the Honorable David S. Cohn in Department S-26 of the San Bernardino 21 I County Superior Court. Chad D. Morgan, Esq. of the Law Office of Chad D. Morgan appeared on behalf of Petitioner Leane Lee and Jessica K. Lomakin, Esq. of Best Best & Kreiger, LLP appeared on behalf of Respondent Town of Apple Valley. Petitioner moved the court for an award of attorneys’ fees following dismissal of the Writ of Mandate causes of action in this matter on the basis that she was the prevailing party because Petitioner accomplished the goals of her litigation.

After considering the argument and evidence provided in support of and opposition to Petitioner’s motion and for the reasons stated by the Court on the record during the hearing, it is ordered, adjudged, and decreed as follows:

  1. Petitioner Leane Lee is the prevailing party as to Respondent Town of Apple Valley.
  2. Respondent Town of Apple Valley shall pay Petitioner’s attorneys’ fees in the amount of $41,470.00. The fee award is based on the Court’s finding that Petitioner’s counsel reasonably expended 114.4 hours at a comparable market rate of $290 per hour and enhanced by a factor of 1.25.
  3. Petitioner’s complaint for declaratory relief is dismissed as moot.

IT IS ADJUDGED.

Date: FEB 03 2017

Hon. David S. Cohn,
Judge of the Superior Court