Famili v. Wells Fargo Bank NA et al

Filing 40

ORDER That Defendants' motion for attorneys' fees (Doc. 35 ) is granted. Defendants are awarded attorneys' fees in the amount of $8,270.00 pursuant to A.R.S. § 12-341.01(A). Signed by Judge David G Campbell on 4/23/2014.(KMG)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Azadeh Famili,

No. CV-13-00702-PHX-DGC
Plaintiff,

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v.

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ORDER

Wells Fargo Bank NA, et al.,

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Defendants.

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The Court granted Defendants’ motion for summary judgment on December 19,

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2013. Doc. 33. Defendants now ask the Court to award attorneys’ fees in the amount of

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$8,270.00 in connection with this action, and have filed a memorandum in support of the

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motion. Doc. 35. Plaintiff has not responded to the motion and Defendants have not

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requested oral argument. For the reasons that follow, the Court will grant the motion.

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Defendants request fees under A.R.S. § 12-341.01 and section nine of the Deed of

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Trust. Doc. 35 at 2; Doc. 1-1 at 40-41. Because Defendants prevailed on a matter arising

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out of contract – specifically, the Deed of Trust – a fee award is authorized.

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The Court has discretion to award fees under section 12-341.01. Wenk v. Horizon

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Moving & Storage Co., 639 P.2d 321, 323 (Ariz. 1982). Because Plaintiff’s position

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lacked merit, litigation could have been avoided, Plaintiff has made no showing of

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extreme hardship, Defendants prevailed on all points, the issues were not novel, and no

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improper deterrence of actions would occur, the Court concludes that an award of

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attorneys’ fees is appropriate. See Velarde v. PACE Membership Warehouse, Inc., 105

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F.3d 1313, 1319-20 (9th Cir. 1997).

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Defendants discuss most of the factors outlined in Schweiger v. China Doll

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Restaurant, Inc., 673 P.2d 927, 932 (Ariz. Ct. App. 1983), including (1) the qualities of

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the advocate; (2) the work actually performed, including the skill, time and attention

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given to the work; and (3) the result. Defendants’ attorney contends that the billing rates

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charged were “below market [hourly rates] for attorneys with [his] experience.” Doc. 36

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at 2. Defendants’ attorneys have a combined thirty five years of experience litigating in

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the area of real estate. Id.

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The Court finds the hourly rates charged by Defendants’ legal team to be

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reasonable for the Phoenix market and for attorneys of the skill and experience needed

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for a case such as this. The Court also finds the time records provided by defense counsel

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to be sufficiently detailed, and the hours incurred in defending this case to be reasonable.

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Having considered the record as a whole and the relevant fee award factors, see

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Associated Indemnity Corporation v. Warner, 694 P.2d 1181, 1184 (Ariz. 1985), the

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Court finds the requested fee award to be reasonable and appropriate. See also LRCiv

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54.2(c)(3)(A)-(M) (listing factors bearing on the reasonableness of a fee award).

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IT IS ORDERED:

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That Defendants’ motion for attorneys’ fees (Doc. 35) is granted.

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2.

Defendants are awarded attorneys’ fees in the amount of $8,270.00

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pursuant to A.R.S. § 12-341.01(A).
Dated this 23rd day of April, 2014.

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