ABP Pearl Highlands LLC v. Tigo Energy, Inc.

Summary

The United States Magistrate Judge recommends granting ABP Pearl Highlands LLC’s unopposed motion for attorneys’ fees and non-taxable costs following entry of default judgment against Tigo Energy, Inc. The recommendation concludes that the action was in the nature of assumpsit under Hawaii Revised Statutes § 607-14, that apportionment was impracticable, and that the requested fees and costs were reasonable. The recommended award is $29,371.55, consisting of attorneys’ fees, general excise tax, and costs.

Holdings

1. The action was in the nature of assumpsit because its substance concerned alleged breaches of express and implied warranties, and Plaintiff’s primary objective was monetary compensation for resulting damages.
2. Apportionment was impracticable because the non-assumpsit claims were inextricably linked to the breach-of-warranty claims.
3. Plaintiff was the prevailing party because default judgment was entered in its favor on all claims.
4. The requested attorneys’ fees of $28,546.06, including general excise tax, and costs of $825.49 were reasonable and recoverable, for a recommended total award of $29,371.55.

Questions Presented

1. Whether the action was in the nature of assumpsit under Haw. Rev. Stat. § 607-14.
2. Whether Plaintiff was the prevailing party entitled to attorneys’ fees.
3. Whether apportionment of fees between assumpsit and non-assumpsit claims was impracticable because the claims were inextricably linked.
4. Whether the requested attorneys’ fees and costs were reasonable and recoverable.

Disposition

other