Excerpt: ...andre Young T/R: DEFENDANTS' DEMURRER IS OVERRULED. THE MOTION TO STRIKE IS GRANTED. DEFENDANTS TO FILE AND SERVE ANSWERS TO THE COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers and oppositio...

Excerpt: ...tive, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. “Any party, within the time allowed to response to a pleading, may serve and file a notice of motion to strike the whole or any part" of that pleading. (CCP § 435(b)(1).) “The Court may, upon a motion made pursuant to Secti...

Excerpt: ...ng, LLC, Jeffery Anon and Daniel Urban. Responding Party: Cross-Complainants Trafero Technologies, LLC and Sahil Chaudhary T/R: CROSS-DEFENDANTS' DEMURRER AS TO CROSS-DEFENDANTS ANON AND CAVALLO IS SUSTAINED WITH LEAVE TO AMEND. CROSS-DEFENDANTS' DEMURRER AS TO THE REMAINING PARTIES AND CAUSES OF ACTION IS OVERRULED. THE MOTION TO STRIKE IS DENIED. CROSS-COMPLAINANTS TO FILE AND SERVE A SECOND AMENDED CROSS- COMPLAINT WITHIN 30 DAYS OF NOTICE OF ...

Excerpt: ...RVE AN ANSWER TO THE COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On November 8, 2023, Plaintiff A O Y K Properties, LLC filed a commercial unlawful deta...

Excerpt: ...NG. DEFENDANT'S REQUESTS FOR SANCTIONS ARE DENIED. PLAINTIFF TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, oppositions, and replies. BACKGROUND On June 6, 2022, Plaintiff Jane Doe filed the operative first amended complaint against Defendant Co...

Excerpt: ... TO AMEND. PLAINTIFFS TO FILE AND SERVE A FIRST AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO FILE AND SERVE A RESPONSE WITHIN 30 DAYS THEREAFTER. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and re...

Excerpt: ... TO STRIKE IS DENIED. DEFENDANT TO FILE AND SERVE AN ANSWER TO THE COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers and opposition. BACKGROUND On July 17, 2023, Plaintiff sued Defendant, asser...

Excerpt: ...04.77. DEFENDANT CITY OF WEST COVINA TO NOTICE. The Court considers the moving papers, opposition, and reply. Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (CCP § 1032(b).) “Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (CCP § 1033.5(c)(2)....

Excerpt: ...0 Remodeling Inc., and Elan Fadlon Responding Party: None, motion is unopposed. T/R: THE MOTION TO COMPEL IS GRANTED. DEFENDANT TO GIVE NOTICE. If the parties wish to submit on the tentative, please email the courtroom at¿[email protected]¿with notice to opposing counsel (or self-represented party) before 8:30 am on the day of the hearing . The Court considered the moving papers. No opposition has been received. BACKGROUND Perry and Irene V...

Excerpt: ... THE MOTION TO STRIKE IS GRANTED AS TO PUNITIVE DAMAGES ONLY. PLAINTIFFS TO FILE AND SERVE A FIRST AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANT TO FILE AND SERVE A RESPONSE WITHIN 30 DAYS THEREAFTER. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Cour...

Excerpt: ...CASE IS STAYED AS TO BALDWIN AND EL DORADO PICTURES ONLY. THE COURT WILL SET AN ORDER TO SHOW CAUSE CONCERNING THE STAY IN APPROXIMATELY 180 DAYS. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. On April 23, 2023...

Excerpt: ...: None T/R: PLAINTIFFS' MOTIONS ARE DENIED. PLAINTIFFS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:30 am on the day of the hearing. The Court considers the moving papers. No oppositions have been filed. On September 20, 2021, Plaintiffs filed case number 21STCV34663. (Spolsky Decl. ¶ 17.) Plaintiffs causes of ac...

Excerpt: ...ase email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers. No opposition has been received. “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) Defendants move to s...

Excerpt: ...rty: Plaintiff Misael Luna Jeronimo T/R: DEFENDANT GJOHNNY'S MOTION TO COMPEL ARBITRATION IS GRANTED. MOTION TO JOIN BY DEFENDANTS ADAMS HUMMUS BAR JV LLC, ROMAINE HUMMUS BAR JV, LLC, AND DANIEL ELMALEH IS GRANTED. DEFENDANT CASTRO'S MOTION IS DENIED. DEFENDANT GJOHNNY TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:...

Excerpt: ...fs Gerald Whitt, Alexander Whitt, Matthew Whitt, Christopher Whitt and Deborah Milam T/R: PEARL 33'S MOTION TO QUASH IS DENIED. CHRISTOPHER FERGUSON'S MOTION TO QUASH IS GRANTED. KEVIN FERGUSON'S MOTION TO QUASH IS DENIED. PHILLIP MCFILLIN'S MOTION TO QUASH IS DENIED. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party)...

Excerpt: ...Joaquim Rowell T/R: THE COURT ORDERS AN EVIDENTIARY HEARING ON THE ISSUE OF ASSENT TO THE ARBITRATION AGREEMENT ON JANUARY 19, 2024 AT 9:00. THE CASE MANAGEMENT CONFERENCE IS CONTINUED TO THAT DATE. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the movi...

Excerpt: ...e tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On July 19, 2023, Plaintiff Nomi Abadi sued Defendant Danny Elfman, asserting one cause of action for breach of contract. ANALYSIS “On petition of a party to an arbitration agreement alleging the existence of...

Excerpt: ... TO COMPEL ARBITRATION IS GRANTED. THE ACTION IS STAYED. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On May 9, 2023, Plaintiff filed the operative first amended complaint against Defendant, assertin...

Excerpt: ...AINTIFF TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing The Ccourt considers the moving papers, opposition, and reply. BACKGROUND Plaintiff was employed as the Fire Chief for the City of West Covina beginning in 2014. Plaintiff alleges that he was terminated because of his disability a...

Excerpt: ...URRER IS OVERRULED. CROSS-DEFENDANT TO FILE AND SERVE AN ANSWER TO THE CROSS- COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. CROSS-DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:30 am on the day of the hearing . The Court considers the moving papers, opposition, and reply. BACKGROUND On August 22, 2023, Pla...

Excerpt: ... QUASH IS DENIED. DEFENDANT CARL WINSTON'S MOTION TO QUASH IS GRANTED. THE PARTIES' REQUESTS FOR SANCTIONS ARE DENIED. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, oppositions, and reply. “If a subpoena requires the attendance of ...

Excerpt: ..., please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. “Any party, within the time allowed to response to a pleading, may serve and file a notice of motion to strike the whole or any part" of that pleading. (CCP § 435(b)(1).) “The Court may, upon a motion made pursuant to Section 4...

Excerpt: ...T TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND This is a lemon law action arising out of Plaintiff's lease of a 2022 Mercedes- Benz EQS manufactured and distributed by Defendant Mercedes. ANALYSIS “On petiti...

Excerpt: ...ER IS SUSTAINED WITH LEAVE TO AMEND. CROSS-COMPLAINANT TO FILE AND SERVE A FIRST AMENDED CROSS- COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. CROSS-DEFENDANT TO FILE AND SERVE A RESPONSE WITHIN 30 DAYS THEREAFTER. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:30 am on the day of the hearing . The Court co...

Excerpt: ...ties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers. No opposition has been received. BACKGROUND On August 8, 2023, Plaintiff Curtis Randolph sued Defendant Bank of America, N.A., and others, asserting causes of action for (1) conversion; (2) unjust enrichment; (3) UCL vi...

Excerpt: ...strom, et al. T/R: CROSS-COMPLAINANT'S MOTION IS DENIED. CROSS-COMPLAINANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. The Court may allow, in furtherance of justice, and “upon any terms as may be just, an amendment t...

Excerpt: ...ntiff Aleksandr Gruzman T/R: DEFENDANTS' DEMURRER IS OVERRULED. THE MOTION TO STRIKE IS DENIED. DEFENDANTS TO FILE AND SERVE AN ANSWER TO THE FIRST AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the ...

Excerpt: ...Roy Penuela T/R: DEFENDANTS' DEMURRER IS TO THE FIRST THROUGH THIRD, SIXTH AND SEVENTH CAUSES OF ACTION IS SUSTAINED WITH LEAVE TO AMEND. THE DEMURRER TO THE FOURTH CAUSE OF ACTION IS OVERRULED. THE MOTION TO STRIKE IS DENIED. PLAINTIFF TO FILE AND SERVE A SECOND AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO FILE AND SERVE A RESPONSE WITHIN 30 DAYS THEREAFTER. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentat...

Excerpt: ...e Health Plan Responding Party: Plaintiffs Doctors Medical Center of Modesto, Inc., Lakewood Regional Medical Center, Inc. and Los Alamitos Medical Center, Inc. T/R: DEFENDANT'S DEMURRER IS OVERRULED. DEFENDANT TO FILE AND SERVE AN ANSWER TO THE COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or s...

Excerpt: ... IS DENIED. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. Defendant SSI moves for an order compelling Plaintiff to file a full satisfaction of judgment per CCP § 724.050. Defendant asserts it paid Plaintiff the...

Excerpt: ...UEST FOR SANCTIONS IS DENIED. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition and reply. BACKGROUND On February 28, 2022, Plaintiff Sheila Sansano sued Defendant Kaiser Foundation Hospitals, asserting causes of action for (1)...

Excerpt: ...NTED. THE COURT WILL ENTER THE NOVEMBER 6, 2023 PROPOSED PROTECTIVE ORDER FILED BY DEFENDANTS. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On June 20, 2023, Plaintiff Flag & Symbol, LLC sued Defend...

Excerpt: ... TO SEAL IS GRANTED. PLAINTIFF TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, oppositions, and replies. BACKGROUND On September 6, 2022, Plaintiff Iconic Hearts Holdings, Inc. filed the operative first amended complaint against Defendants Raj Vi...

Excerpt: ...RRULED. DEFENDANTS' MOTION TO STRIKE IS DENIED. DEFENDANTS TO FILE AND SERVE ANSWERS TO THE COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, reply, and supplemental briefing. BAC...

Excerpt: ...tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. “Any party, within the time allowed to response to a pleading, may serve and file a notice of motion to strike the whole or any part" of that pleading. (CCP § 435(b)(1).) “The Court may, upon a motion made pursuant to ...

Excerpt: ...Timms, and Adam Gardner Responding Party: Plaintiff Marion Martinez T/R: DEFENDANTS' DEMURRER TO THE SIXTH AND SEVENTH CAUSES OF ACTION IS SUSTAINED WITH LEAVE TO AMEND. THE DEMURRER TO THE REMAINING CAUSES OF ACTION IS OVERRULED. PLAINTIFF TO FILE AND SERVE A SECOND AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO FILE AND SERVE A RESPONSE WITHIN 30 DAYS THEREAFTER. DEFENDANTS TO NOTICE. If the parties wish to submit on the te...

Excerpt: ...' DEMURRER IS OVERRULED. THE MOTION TO STRIKE IS DENIED. DEFENDANTS TO FILE AND SERVE ANSWERS TO THE FIRST AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BAC...

Excerpt: ...T'S DEMURRER IS OVERRULED. DEFENDANT'S MOTION TO STRIKE IS DENIED. DEFENDANT TO FILE AND SERVE AN ANSWER TO THE COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGRO...

Excerpt: ... DEFENDANT TO FILE AND SERVE AN ANSWER TO THE FIRST AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On July 3, 2023, Plaintiffs John UNB Doe, John U...

Excerpt: ...TRATION IS DENIED. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On September 1, 2023, Plaintiff filed a complaint against Defendants, asserting 15 causes of action for Labor Code and FEHA violations...

Excerpt: ...AND ATTENDANCE OF THE HEARING). PLAINTIFFS' MOTION TO TAX COSTS IS GRANTED. DEFENDANTS' MOTION TO TAX COSTS IS GRANTED IN PART AND DENIED IN PART. PLAINTIFFS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, oppositions, and replies. A. Plaintiffs'...

Excerpt: ...ANTS' MOTIONS TO QUASH ARE GRANTED. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers. No opposition has been received. “A defendant, on or before the last day of his or her time to plead or within any further time that the court may fo...

Excerpt: ...rty: Plaintiff Lawana Denise Redman T/R: DEFENDANTS' MOTION FOR RECONSIDERATION IS GRANTED. DEFENDANT STEEN'S DEMURRER IS SUSTAINED WITH LEAVE TO AMEND. DEFENDANT ESTATE'S DEMURRER IS SUSTAINED WITHOUT LEAVE TO AMEND. PLAINTIFF TO FILE AND SERVE A FIRST AMENDED COMPLAINT WITHIN 20 DAYS OF NOTICE OF RULING. DEFENDANTS TO FILE AND SERVE A RESPONSE WITHIN 20 DAYS THEREAFTER. DEFENDANTS TO NOTICE. The Court considers the moving papers and opposition....

Excerpt: ...li, M.D. and Dr. Mauricio Heilbron, M.D. T/R: DEFENDANTS' MOTION FOR ATTORNEY'S FEES IS GRANTED. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On February 16, 2023, Plaintiffs Dr. Nayyer Ali, M.D. an...

Excerpt: ...NIED. DEFENDANT TO FILE AND SERVE AN ANSWER TO THE COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND This is a lemon law action arising out of the purchase o...

Excerpt: ...Y FEES AND $874.75 IN COSTS. PLAINTIFF TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. The Court assumes the case has settled, though no notice of settlement has been filed. Plaintiff is ORDERED to file a notice of settleme...

Excerpt: ...mail the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On June 6, 2022, Plaintiff Jane Doe filed the operative first amended complaint against Defendant County of Los Angeles, asserting claims for injunctive relief and possession of personal property. Plaintiff alleges Defendant wrongf...

Excerpt: ...ULED. DEFENDANTS' MOTION TO STRIKE IS DENIED. DEFENDANTS TO FILE AND SERVE ANSWERS TO THE COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On May 18, 2023, ...

Excerpt: ...AINTIFFS' MOTION FOR LEAVE TO AMEND IS GRANTED. PLAINTIFFS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On November 24, 2021, Plaintiffs Joel Bernknopf and John Lamorte sued Defendants Brian M. Cronin, Natalie...

Excerpt: ...TORNEY'S FEES IS GRANTED IN THE AMOUNT OF $155,475.00. PETITIONER TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. A. Entitlement to Attorney's Fees Under CCP § 1021.5, attorneys' fees may be awarded (1) “to a successful ...