The McMillan Law Firm Lost Case and Attorney Fee Motion

La Mesa Attorney Scott McMillan, http://www.scottmcmillan.us/ 4670 Nebo Dr #200, La Mesa, CA 91941.

2005 WL 6205708 (Cal.Superior) (Trial Order)

Superior Court of California.

San Diego County

Webster BIVENS, Plaintiff/Petitioner,

BANNER BEDDING INC, Defendant/Respondent.

No. GIC833749.

November 10, 2005.

Attorney for Plaintiff/Petitioner, Scott a Mcmillan (1,2).

Attorney for Defendant/Respondent, Amy M. Gantvoort.

Hon. Joan M. Lewis.

COMPLAINT DATE 08-04-04

HEARING DATE 11/10/05

HEARING TIME 08:30AM

DEPT 65

CLERK REGINA LINDSEY-COOPER

1, PLAINTIFF MTN TO TAX. COSTS ALT. STRIKE COSTS

2. PLAINTIFF MTN FOR ATTY FEES

THIS MATTER HAVING COME BEFORE THE COURT THIS DATE, THE COURT ORDERS:

□ PRIOR TO CALENDAR CALL	□ OFF-CALENDAR	□ GRANTED	□ BOND$ .............................................................................
		□ DENIED	□ WITH/WITHOUT PREJUDICE

□ PRIOR TO CALENDAR CALL □ CONT. TO ____________________ IN DEPT _______________ AT ____________________

□ TRO □ CONTINUED □ VACATED

□ ALL PREVIOUS ORDERS REMAIN IN FULL FORCE AND EFFECT.

X ORAL ARGUMENT TENTATIVE DATED 11-10-05 X CONFIRMED □ MODIFIED

□ DISPOSES OF ENTIRE ACTION □ DOES NOT DISPOSE OF ENTIRE ACTION

□ PREVAILING PARTY TO PREPARE AND FILE FORMAL ORDER PURSUANT TO CRC 391.

□ OTHER

Plaintiff’s motion to strike Defendant’s memorandum of costs is denied. The motion to tax the service of process fees and the messenger fees is granted. Defendant, as the prevailing party, is entitled to recover its costs in the sum of $442.40.

Plaintiff’s motion for attorneys’ fees is denied as the Court concludes that Plaintiff was not a successful party in this matter and his actions did not result in the enforcement of a important right. Moreover, the Court agrees with Defendant that Plaintiff’s action failed to create a significant benefit for the general public.

Dated: 11/10/05

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JUDGE/COMMISSIONER OF THE SUPERIOR COURT