Leonberger v. Wells Fargo Bank et al

Filing 32

ORDER by Judge Hamilton granting 27 Motion for Attorney Fees (pjhlc2, COURT STAFF) (Filed on 11/13/2013)

1
2
UNITED STATES DISTRICT COURT
3
NORTHERN DISTRICT OF CALIFORNIA
4
5
6
LIDIA LEONBERGER,
7
Plaintiff,

No. C 13-1114 PJH

8
v.
9

ORDER GRANTING MOTION FOR
ATTORNEYS’ FEES

WELLS FARGO BANK, et al.,
11
For the Northern District of California

United States District Court

10
Defendants.
_______________________________/

12
13

Defendant Wells Fargo’s motion for an award of attorneys’ fees and costs came on

14

for hearing before this court on November 13, 2013. Plaintiff Lidia Leonberger (“plaintiff”)

15

did not appear at the hearing, nor did she file an opposition to Wells Fargo’s motion. Wells

16

Fargo appeared telephonically through its counsel, Viddell Heard. Having read the papers

17

filed in conjunction with the motion and carefully considered the arguments and the relevant

18

legal authority, and good cause appearing, the court hereby GRANTS Wells Fargo’s motion

19

for attorneys’ fees and costs for the reasons stated in the hearing and as follows.

20

As Wells Fargo points out, both it and plaintiff were parties to contracts that included

21

attorneys’ fees provisions (specifically, the note and the deed of trust). California Civil

22

Code § 1717 states that, “where the contract specifically provides that attorney’s fees and

23

costs, which are incurred to enforce that contract, shall be awarded,” then the prevailing

24

party “shall be entitled to reasonable attorney’s fees.” The court, like other courts in this

25

district, finds that section 1717's “shall be entitled” language makes the fee award

26

mandatory. See, e.g., Omega v. Wells Fargo, 2012 WL 2249820, at *3 (N.D. Cal. June 15,

27

2012) (citing Hsu v. Abarra, 9 Cal.4th 863, 872 (1995)). Accordingly, the court GRANTS

28

Wells Fargo’s motion, and awards it $9,725 in fees and costs.

1
IT IS SO ORDERED.
2
Dated: November 13, 2013
3

______________________________
PHYLLIS J. HAMILTON
United States District Judge

4
5
6
7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2