Tentative ruling issued by Judge Donna Geck on Nov. 22, 2019 in Santa Barbara County, CA - Case no: xxxxx303

Nature of Proceedings: Motion for Attorney Fees and Costs to Plaintiff Against Defendant

Tentative Ruling: The court grants plaintiff David Weisman’s motion to attorney fees and awards attorney fees in the amount of $104,863.50.

Background: On October 24, 2014, plaintiff David Weisman brought this action against defendant Michael Post to determine that defendant had no publicity rights under Civil Code § 3344.1 because Edie Sedgwick was not a “deceased personality” as defined in that statute. On August 26, 2019, the court entered judgment after a court trial in favor of plaintiff. The court specifically ordered and decreed that plaintiff was the prevailing party entitled to costs of suit.

On October 8, plaintiff served by mail a notice of entry of judgment and a memorandum of costs in the amount of $12,312.30 plus attorney fees in an amount to be determined. There is no motion to tax or strike costs. On November 7, defendant filed a motion for new tria….....