Wilkinson et al v. Wells Fargo Bank NA et al

Filing 49

ORDER granting 45 Motion for Attorney Fees. Plaintiffs shall pay to Defendants $7,620.00 in attorneys' fees and $661.41 in costs. Signed by Judge David G Campbell on 12/4/2012.(NVO)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Christopher C. and Laura L. Wilkinson,
Plaintiffs,

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No. CV11-02467-PHX-DGC
ORDER

v.
Wells Fargo Bank, N.A., et al.,
Defendants.

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Defendants TruCap Grantor Trust 2010-2 and Marix Servicing, LLC have filed a

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motion for attorneys’ fees. Docs. 45, 48. Plaintiffs have not responded. The Court will

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grant the motion.

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Plaintiffs’ claims in this case arose out of a loan they obtained in the amount of

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$1,120,000. On May 22, 2010, the Court granted Defendants’ motion for judgment on

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the pleadings with respect to all claims against Defendants, including a claim for breach

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of contract. Doc. 43.

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A.R.S. § 12-341.01 provides that a prevailing party in a contract action is entitled

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to an award of reasonable attorneys’ fees. Defendants clearly are the prevailing parties in

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this case, which arose out of Plaintiffs’ loan agreement and alleged breach of contract

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claims. The Court therefore concludes that Defendants are entitled to an award of

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attorneys’ fees under § 12-341.01.

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The amount of fees sought by Defendants are clearly reasonable. Defendants’

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attorneys billed at a rate of $150.00. They seek a total of $7,620.00 in attorneys’ fees and

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$661.41 in costs. Doc. 48 at 14. The Court finds these amounts to be reasonable and

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appropriate.

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IT IS ORDERED:

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1.

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The motion of Defendants TruCap Grantor Trust 2010-2 and Marix

Servicing, LLC for attorneys’ fees (Doc. 45) is granted.

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2.

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in costs.

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Plaintiffs shall pay to Defendants $7,620.00 in attorneys’ fees and $661.41

Dated this 4th day of December, 2012.

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