LLC v. LLC (2010)

MEMORANDUM OF DECISION

On December 9, 2010 the parties were heard concerning whether, and to what extent, attorneys fees should be awarded to the defendant, Pocket Knife Square, LLC. The court's memorandum of decision dated September 28, 2010 had left this issue for a further hearing.

The defendant offered an itemized invoice from its attorneys, Cramer & Anderson.   This invoice was received in evidence without objection.   The court has reviewed the invoice and finds that the hourly rates and the time spent on this matter are fair and reasonable as is the total attorneys fees of $61,259.50.

The plaintiff objects to an award of the entire amount of the invoice.   The plaintiff argues that, in this case, the lease only permits recovery of fees incurred in the counterclaim for collection of unpaid rent.   I find this to be an unconvincing reading of the lease.   In paragraph 32 of the lease the plaintiff, as lessor, agreed to pay all costs incurred in the enforcement of any provision of the lease.   When the plaintiff sued the defendant, it put into question the enforceability of the entire lease.   The defense made by the defendant constitutes an enforcement of the lease for which it is entitled to be awarded attorneys fees.   As conceded by the plaintiff, the defendants are also entitled to fees spent on the counterclaim to recover unpaid rent.

Therefore, the plaintiff, Old Factory, LLC is ordered to pay the sum of $61,259.50 to the defendant, Pocket Knife Square, LLC, as additional damages awarded as part of the court's judgment entered on September 28, 2010.

BY THE COURT,

John W. Pickard

Pickard, John W., J.