On June 03, 2020 a
Motion-Secondary
was filed
involving a dispute between
Arata, Laura,
Peninsula Open Space Trust,
and
Arata, Laura,
Arata, Louis J.,
Arata, Marie Joanne,
Does 1-20,
John And Grace Arata 2004 Trust,
Mcnabb, Ernest J.,
Redwood Trust Deed Services, Inc., A California Corporation,
for (26) Unlimited Other Real Property
in the District Court of San Mateo County.
Preview
1 TAMARA S. GALANTER (SBN 142532)
SARA A. CLARK (SBN 273600)
2 AARON M. STANTON (SBN 312530)
SHUTE, MIHALY & WEINBERGER LLP
3 396 Hayes Street
San Francisco, California 94102
4 Telephone: (415) 552-7272
Facsimile: (415) 552-5816
5 Galanter@smwlaw.com
Clark@smwlaw.com
6 Stanton@smwlaw.com
4/20/2022
7 Attorneys for Plaintiff PENINSULA OPEN
SPACE TRUST
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN MATEO
11 PENINSULA OPEN SPACE TRUST, Case No. 20-CIV-02349
12 Plaintiff, AMENDED [PROPOSED] ORDER RE
ATTORNEYS’ FEES AND COSTS
13 v.
Date: July 1, 2022
14 REDWOOD TRUST DEED SERVICES, Time: 9:00 a.m.
INC., a California Corporation; Dept.: 21
15 ERNEST J. MCNABB, individually and Judge: Hon. Robert D. Foiles
as Trustee of the Ernest J. McNabb
16 Revocable Living Trust Dated
11/19/1990; LOUIS J ARATA,
17 individually; LAURA ARATA,
individually, and as sole successor
18 trustee of the John and Grace Arata
2004 Trust Executed August 11, 2004;
19 MARIE JOANNE ARATA, individually,
and as the Representative of the Estate
20 of Gary J. Arata, Deceased; and DOES
1-20.
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Defendants.
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Amended [Proposed] Order re Attorneys’ Fees and Costs
Case No. 20-CIV-02349
1 This matter came for hearing on _______________________ in the above-titled Court.
2 All parties were represented by their counsel. Having reviewed the pleadings and having
3 considered oral argument, and good cause appearing therefore, the Court HEREBY
4 ORDERS as follows:
5 1. Plaintiff Peninsula Open Space Trust (“POST”) is entitled to its attorneys’
6 fees and costs from Defendant Ernest J. McNabb pursuant to (a) Civil Code section 815.7,
7 which provides for fee and cost recovery in the successful enforcement of a conservation
8 easement; (b) the terms of the Conservation Easement; and (c) Code of Civil Procedure
9 section 1021.5, California’s private attorney general statute. POST is the prevailing party
10 in this litigation, in that it obtained the result it sought: prevention of the foreclosure
11 action on a portion of the Conservation Property until the Conservation Property could be
12 sold as a whole. The remaining Defendants are not liable to POST for its attorneys’ fees
13 and costs.
14 2. The reasonable rates and hours for the work performed by POST’s attorneys
15 and other professionals on this case are as follows:
16 TIMEKEEPER RATE HOURS
17 Tamara Galanter (Senior Partner) $700 61.9
18 Sara Clark (Partner) $645 162.8
19 Aaron Stanton (Associate) $585 222.3
20 Maurene Ryan (Paralegal) $270 2.6
21 Peter Daniels (Law Clerk) $180 11.2
22
23 3. The total lodestar fee to which POST is entitled for legal work on the
24 underlying litigation is $281,099.50. POST is entitled to a multiplier of 1.3, for a fee
25 enhancement of $84,329.85. POST is entitled to recover its costs of $1,431.00. POST is also
26 entitled to an additional $ __________________ for fees incurred for this fee motion.
27 //
28 //
2
Amended [Proposed] Order re Attorneys’ Fees and Costs
Case No. 20-CIV-02349
1 IT IS SO ORDERED.
2 DATED: __________________, 2022
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HONORABLE ROBERT D. FOILES
5 JUDGE OF THE SUPERIOR COURT
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Amended [Proposed] Order re Attorneys’ Fees and Costs
Case No. 20-CIV-02349
1 PROOF OF SERVICE
PENINSULA OPEN SPACE TRUST v. ERNEST J. MCNABB et al.
2 San Mateo County Superior Court
Case No. 20-CIV-02349
3
At the time of service, I was over 18 years of age and not a party to this action. I
4 am employed in the County of San Francisco, State of California. My business address is
396 Hayes Street, San Francisco, CA 94102.
5
On April 20, 2022, I served true copies of the following document(s) described as:
6
AMENDED [PROPOSED] ORDER RE ATTORNEYS’ FEES AND COSTS
7
on the parties in this action as follows:
8
SEE ATTACHED SERVICE LIST
9
BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to
10 the persons at the addresses listed in the Service List and placed the envelope for
collection and mailing, following our ordinary business practices. I am readily familiar
11 with Shute, Mihaly & Weinberger LLP's practice for collecting and processing
correspondence for mailing. On the same day that the correspondence is placed for
12 collection and mailing, it is deposited in the ordinary course of business with the United
States Postal Service, in a sealed envelope with postage fully prepaid.
13
BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the
14 document(s) to be sent from e-mail address Larkin@smwlaw.com to the persons at the e-
mail addresses listed in the Service List. I did not receive, within a reasonable time after
15 the transmission, any electronic message or other indication that the transmission was
unsuccessful.
16
I declare under penalty of perjury under the laws of the State of California that the
17 foregoing is true and correct.
18 Executed on April 20, 2022, at San Francisco, California.
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Patricia Larkin
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Amended [Proposed] Order re Attorneys’ Fees and Costs
Case No. 20-CIV-02349
1 SERVICE LIST
2 PENINSULA OPEN SPACE TRUST v. ERNEST J. MCNABB et al.
San Mateo County Superior Court
3 Case No. 20-CIV-02349
4 Benjamin R. Levinson Andrew Wiegel
Law Office of Benjamin R. Levinson Ryan Patrick
5 4340 Stevens Creek Boulevard, Suite 199 Wiegel Law Group, PLC
San Jose, CA 95129 414 Gough Street, Suite 1
6 (408) 866-2999 San Francisco, CA 94102
ben@benlevinsonlaw.com (415) 552-8230
7 andrew@wiegellawgroup.com
Attorneys for Redwood Trust Deed ryan@wiegellawgroup.com
8 Services, Inc.
Attorneys for Ernest J. McNabb
9
Laura Arata Peter A. Kim
10 1402 W. 13th Avenue Law Office of Peter A. Kim
Stillwater, OK 74074 3440 Wilshire Boulevard, Suite 1208
11 larata@okstate.edu Los Angeles, CA 90010
peter@pkimlaw.com
12 Pro Per
Attorneys for David R. Duncan,
13 Successor Trustee of the John & Grace
Arata 2004 Trust
14
Eric Hanson Bishop Law Office COURTSEY COPY
15 213 West California Street
P.O. Box 337 Louis J. Arata
16 Garfield, WA 99130 53 E. Cremetti Lane
(509) 635-1551 Yerington, NV 89447
17 ehanson@palouse.net (209) 617-0446
louiejarata@gmail.com
18 Attorneys for Marie Arata
Pro Per
19
David R. Duncan
20 4920 E. La Palma Avenue
Anaheim, CA 92807
21 (714) 970-9800
david@bigtoprentals.com
22
Successor Trustee of the John & Grace
23 Arata 2004 Trust
24 1498156.1
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5
Amended [Proposed] Order re Attorneys’ Fees and Costs
Case No. 20-CIV-02349
Preview
1 TAMARA S. GALANTER (SBN 142532) SARA A. CLARK (SBN 273600) 2 AARON M. STANTON (SBN 312530) SHUTE, MIHALY & WEINBERGER LLP 3 396 Hayes Street San Francisco, California 94102 4 Telephone: (415) 552-7272 Facsimile: (415) 552-5816 5 Galanter@smwlaw.com Clark@smwlaw.com 6 Stanton@smwlaw.com 4/20/2022 7 Attorneys for Plaintiff PENINSULA OPEN SPACE TRUST 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN MATEO 11 PENINSULA OPEN SPACE TRUST, Case No. 20-CIV-02349 12 Plaintiff, AMENDED [PROPOSED] ORDER RE ATTORNEYS’ FEES AND COSTS 13 v. Date: July 1, 2022 14 REDWOOD TRUST DEED SERVICES, Time: 9:00 a.m. INC., a California Corporation; Dept.: 21 15 ERNEST J. MCNABB, individually and Judge: Hon. Robert D. Foiles as Trustee of the Ernest J. McNabb 16 Revocable Living Trust Dated 11/19/1990; LOUIS J ARATA, 17 individually; LAURA ARATA, individually, and as sole successor 18 trustee of the John and Grace Arata 2004 Trust Executed August 11, 2004; 19 MARIE JOANNE ARATA, individually, and as the Representative of the Estate 20 of Gary J. Arata, Deceased; and DOES 1-20. 21 Defendants. 22 23 24 25 26 27 28 Amended [Proposed] Order re Attorneys’ Fees and Costs Case No. 20-CIV-02349 1 This matter came for hearing on _______________________ in the above-titled Court. 2 All parties were represented by their counsel. Having reviewed the pleadings and having 3 considered oral argument, and good cause appearing therefore, the Court HEREBY 4 ORDERS as follows: 5 1. Plaintiff Peninsula Open Space Trust (“POST”) is entitled to its attorneys’ 6 fees and costs from Defendant Ernest J. McNabb pursuant to (a) Civil Code section 815.7, 7 which provides for fee and cost recovery in the successful enforcement of a conservation 8 easement; (b) the terms of the Conservation Easement; and (c) Code of Civil Procedure 9 section 1021.5, California’s private attorney general statute. POST is the prevailing party 10 in this litigation, in that it obtained the result it sought: prevention of the foreclosure 11 action on a portion of the Conservation Property until the Conservation Property could be 12 sold as a whole. The remaining Defendants are not liable to POST for its attorneys’ fees 13 and costs. 14 2. The reasonable rates and hours for the work performed by POST’s attorneys 15 and other professionals on this case are as follows: 16 TIMEKEEPER RATE HOURS 17 Tamara Galanter (Senior Partner) $700 61.9 18 Sara Clark (Partner) $645 162.8 19 Aaron Stanton (Associate) $585 222.3 20 Maurene Ryan (Paralegal) $270 2.6 21 Peter Daniels (Law Clerk) $180 11.2 22 23 3. The total lodestar fee to which POST is entitled for legal work on the 24 underlying litigation is $281,099.50. POST is entitled to a multiplier of 1.3, for a fee 25 enhancement of $84,329.85. POST is entitled to recover its costs of $1,431.00. POST is also 26 entitled to an additional $ __________________ for fees incurred for this fee motion. 27 // 28 // 2 Amended [Proposed] Order re Attorneys’ Fees and Costs Case No. 20-CIV-02349 1 IT IS SO ORDERED. 2 DATED: __________________, 2022 3 4 HONORABLE ROBERT D. FOILES 5 JUDGE OF THE SUPERIOR COURT 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Amended [Proposed] Order re Attorneys’ Fees and Costs Case No. 20-CIV-02349 1 PROOF OF SERVICE PENINSULA OPEN SPACE TRUST v. ERNEST J. MCNABB et al. 2 San Mateo County Superior Court Case No. 20-CIV-02349 3 At the time of service, I was over 18 years of age and not a party to this action. I 4 am employed in the County of San Francisco, State of California. My business address is 396 Hayes Street, San Francisco, CA 94102. 5 On April 20, 2022, I served true copies of the following document(s) described as: 6 AMENDED [PROPOSED] ORDER RE ATTORNEYS’ FEES AND COSTS 7 on the parties in this action as follows: 8 SEE ATTACHED SERVICE LIST 9 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to 10 the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar 11 with Shute, Mihaly & Weinberger LLP's practice for collecting and processing correspondence for mailing. On the same day that the correspondence is placed for 12 collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. 13 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the 14 document(s) to be sent from e-mail address Larkin@smwlaw.com to the persons at the e- mail addresses listed in the Service List. I did not receive, within a reasonable time after 15 the transmission, any electronic message or other indication that the transmission was unsuccessful. 16 I declare under penalty of perjury under the laws of the State of California that the 17 foregoing is true and correct. 18 Executed on April 20, 2022, at San Francisco, California. 19 20 Patricia Larkin 21 22 23 24 25 26 27 28 4 Amended [Proposed] Order re Attorneys’ Fees and Costs Case No. 20-CIV-02349 1 SERVICE LIST 2 PENINSULA OPEN SPACE TRUST v. ERNEST J. MCNABB et al. San Mateo County Superior Court 3 Case No. 20-CIV-02349 4 Benjamin R. Levinson Andrew Wiegel Law Office of Benjamin R. Levinson Ryan Patrick 5 4340 Stevens Creek Boulevard, Suite 199 Wiegel Law Group, PLC San Jose, CA 95129 414 Gough Street, Suite 1 6 (408) 866-2999 San Francisco, CA 94102 ben@benlevinsonlaw.com (415) 552-8230 7 andrew@wiegellawgroup.com Attorneys for Redwood Trust Deed ryan@wiegellawgroup.com 8 Services, Inc. Attorneys for Ernest J. McNabb 9 Laura Arata Peter A. Kim 10 1402 W. 13th Avenue Law Office of Peter A. Kim Stillwater, OK 74074 3440 Wilshire Boulevard, Suite 1208 11 larata@okstate.edu Los Angeles, CA 90010 peter@pkimlaw.com 12 Pro Per Attorneys for David R. Duncan, 13 Successor Trustee of the John & Grace Arata 2004 Trust 14 Eric Hanson Bishop Law Office COURTSEY COPY 15 213 West California Street P.O. Box 337 Louis J. Arata 16 Garfield, WA 99130 53 E. Cremetti Lane (509) 635-1551 Yerington, NV 89447 17 ehanson@palouse.net (209) 617-0446 louiejarata@gmail.com 18 Attorneys for Marie Arata Pro Per 19 David R. Duncan 20 4920 E. La Palma Avenue Anaheim, CA 92807 21 (714) 970-9800 david@bigtoprentals.com 22 Successor Trustee of the John & Grace 23 Arata 2004 Trust 24 1498156.1 25 26 27 28 5 Amended [Proposed] Order re Attorneys’ Fees and Costs Case No. 20-CIV-02349