On June 03, 2020 a
Order
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
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, [PROPOSED] ORDER RE ATTORNEYS’
FEES AND COSTS – UPDATED FOR
13 v. REPLY
14 REDWOOD TRUST DEED SERVICES, Date: July 1, 2022
INC., a California Corporation; Time: 9:00 a.m.
15 ERNEST J. MCNABB, individually and Dept.: 21
as Trustee of the Ernest J. McNabb Judge: Hon. Robert D. Foiles
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.
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[Proposed] Order re Attorneys’ Fees and Costs – Updated for Reply
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 $54,858 for fees and costs incurred for this fee motion. The total
27 amount of the award is $421,718.35.
28
2
[Proposed] Order re Attorneys’ Fees and Costs – Updated for Reply
Case No. 20-CIV-02349
1 4. If POST is paid compensation for its fees through the related partition action,
2 Gary Arata v. Lillian Arata, San Mateo County Superior Court Case No. CIV531627,
3 POST is precluded from collecting those same fees from Defendant McNabb. McNabb
4 remains liable for any amount not so paid.
5 IT IS SO ORDERED.
6 DATED: __________________, 2022
7
8
HONORABLE ROBERT D. FOILES
9 JUDGE OF THE SUPERIOR COURT
10 1525945.1
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[Proposed] Order re Attorneys’ Fees and Costs – Updated for Reply
Case No. 20-CIV-02349
Document Filed Date
June 24, 2022
Case Filing Date
June 03, 2020
Category
(26) Unlimited Other Real Property
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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 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, [PROPOSED] ORDER RE ATTORNEYS’ FEES AND COSTS – UPDATED FOR 13 v. REPLY 14 REDWOOD TRUST DEED SERVICES, Date: July 1, 2022 INC., a California Corporation; Time: 9:00 a.m. 15 ERNEST J. MCNABB, individually and Dept.: 21 as Trustee of the Ernest J. McNabb Judge: Hon. Robert D. Foiles 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 [Proposed] Order re Attorneys’ Fees and Costs – Updated for Reply 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 $54,858 for fees and costs incurred for this fee motion. The total 27 amount of the award is $421,718.35. 28 2 [Proposed] Order re Attorneys’ Fees and Costs – Updated for Reply Case No. 20-CIV-02349 1 4. If POST is paid compensation for its fees through the related partition action, 2 Gary Arata v. Lillian Arata, San Mateo County Superior Court Case No. CIV531627, 3 POST is precluded from collecting those same fees from Defendant McNabb. McNabb 4 remains liable for any amount not so paid. 5 IT IS SO ORDERED. 6 DATED: __________________, 2022 7 8 HONORABLE ROBERT D. FOILES 9 JUDGE OF THE SUPERIOR COURT 10 1525945.1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 [Proposed] Order re Attorneys’ Fees and Costs – Updated for Reply Case No. 20-CIV-02349