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1 DIRK B. PALOUTZIAN #173676
dpaloutzian@bakermanock.com
2 LAUREN A. BAGDASARIAN #345585
lbagdasarian@bakermanock.com
3 Baker Manock & Jensen, PC
5260 North Palm Avenue, Suite 201
4 Fresno, California 93704
Telephone: 559.432.5400
5 Facsimile: 559.432.5620
6 Attorneys for Plaintiff and Cross-Defendant, SANDRIDGE PARTNERS, L.P.,
a California Limited Partnership
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF KERN
10
11 SANDRIDGE PARTNERS, L.P., a Limited Case No. BCV-18-102650 BCB
Partnership,
12 AMENDED DECLARATION OF DIRK B
Plaintiff, . PALOUTZIAN IN SUPPORT OF
13 OPPOSITION TO MOTION TO STRIKE
PLAINTIFF'S MEMORANDUM OF
14 COSTS IN ITS ENTIRETY OR IN THE
v. ALTERNATIVE, TO TAX PLAINTIFF'S
15 COSTS
16 Date: April 12, 2024
A&P AG STRUCTURES, INC., a California Time: 8:30 a.m.
17 corporation; and DOES 1-50, inclusive, Div.: H
18 Defendant. Judge: Hon. Bernard C. Barmann, Jr.
19 Action Filed: October 19, 2018
AND RELATED CROSS-ACTION. Trial Date: September 25, 2023
20
21
22 I, Dirk B. Paloutzian, declare as follows:
23 1. I am an attorney duly licensed to practice before all courts of the State of
24 California. I am a shareholder with Baker Manock & Jensen, PC, counsel of record for Plaintiff
25 and Cross-Defendant, SANDRIDGE PARTNERS, L.P. ("Sandridge"). I am familiar with the
26 pleadings, discovery, and issues in this matter.
27 2. The facts contained herein are within my personal knowledge, and if called upon to
28 testify, I could and would competently testify thereto.
3463859v1 / 19045.0046 1
AMENDED DECL OF DIRK B. PALOUTZIAN IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S
MEMORANDUM OF COSTS IN ITS ENTIRETY OR IN THE ALTERNATIVE, TO TAX PLAINTIFF'S COSTS
1
1 3. I am a graduate of the U.C. Davis School of Law, and have been continuously
2 engaged in the practice of law for nearly thirty (30) years. My practice focuses on business
3 litigation. My current hourly billing rate is $510.00. I am identified by the initials "DBP" on the
4 attached fee listings that show the amount of time I worked on this case.
5 4. I was assisted in this matter by other attorneys and paralegals in the firm, as
6 follows:
7 a. Donald R. Forbes is a graduate from San Joaquin College of Law, and has
8 been continuously engaged in the practice of law since 1978. Mr. Forbes' practice covers a broad
9 range of matters, including business and general civil litigation, agricultural issues, real property,
10 contract and business disputes and personal injury cases. Mr. Forbes' current hourly billing rate is
11 $405.00. He is identified by the initials "DRF" on the attached fee listings that show the amount of
12 time he worked on this case.
13 b. Parker W. Johnson is a graduate from UCLA School of Law and has been
14 continuously engaged in the practice of law for approximately one (1) year. Mr. Johnson's hourly
15 billing rate in this matter was $275.00. He is identified by the initials "PWJ" on the attached fee
16 listings that show the amount of time he worked on this case.
17 c. Ms. Kimberly A. White, a paralegal, performed work on this matter. She
18 received her paralegal certificate from the San Joaquin College of Law in 1991, and has worked as
19 a full-time paralegal for the last twenty (20) years. Ms. White's current hourly rate is $220.00. Ms.
20 White is identified by the initials "KAE" on the attached fee listings that show the amount of time
21 she worked on this case.
22 d. Ms. Angela Thomson, a paralegal, performed work on this matter. Ms.
23 Thomson's current hourly billing rate is $220.00. Ms. Thomson is identified by the initials "ART"
24 on the attached fee listings that show the amount of time she worked on this case.
25 5. I am the billing attorney responsible for preparing the fee listings on this matter. As
26 one of the billing attorneys on this matter, I am personally familiar with the process by which
27 billing entries of attorneys at the firm are created for billing purposes. Time entries for legal work
28 are entered into a computerized billing system at or near the time the work is performed. These
3463859v1 / 19045.0046 2
AMENDED DECL OF DIRK B. PALOUTZIAN IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S
MEMORANDUM OF COSTS IN ITS ENTIRETY OR IN THE ALTERNATIVE, TO TAX PLAINTIFF'S COSTS
2
1 entries state the amount of time spent and describe the particular legal services performed. Each
2 attorney has a business duty to enter their time and task descriptions for each client into the billing
3 system. At the end of each month, the billing department at the firm generates fee listings from the
4 computerized system. It is part of the billing department's duties to generate and maintain client
5 fee listings from time and task information placed into the computerized billing system by
6 attorneys at the firm. Those statements are reviewed by the attorneys for accuracy and then sent
7 out to the firm's clients. These statements are created and maintained in the normal course and
8 scope of business at Baker Manock & Jensen, PC.
9 6. Attached hereto as Exhibit "A" are true and correct copies of our billing records
10 regarding this matter for the period of time after Sandridge's Code of Civil Procedure section 998
11 offer, i.e., "post-offer costs." Consistent with the records contained in the fee listings attached to
12 this Declaration, 632.90 hours were spent and billed working on this matter during that period,
13 incurring fees in the amount of $265,462.00. However, Sandridge is not requesting the sum of
14 $195.00 because that time was ultimately written off and not charged to Sandridge, which results
15 in net, post-offer fees incurred by Sandridge in the amount of $265,267.00.
16 7. The fee listings show that I spent 463.80 hours working on this case, incurring a
17 total of $229,581.00 in fees.
18 8. The fee listings show that Mr. Forbes spent 10.40 hours working on this case,
19 incurring a total of $3,796.00 in fees.
20 9. The fee listings show that Mr. Johnson spent 4.60 hours working on this case,
21 incurring a total of $1,265.00 in fees.
22 10. The fee listings show that Ms. White spent 135.30 hours working on this case,
23 incurring a total of $27,060.00 in fees.
24 11. The fee listings show that Ms. Thomson spent 18.80 hours working on this case,
25 incurring a total of $3,760.00 in fees.
26 12. Our billing records regarding this matter for the period of time before Sandridge's
27 Code of Civil Procedure section 998 offer, i.e., "pre-offer fees," indicate that Sandridge incurred
28 fees in the amount of $250,009.00. The billing records for these pre-offer fees will be submitted
3463859v1 / 19045.0046 3
AMENDED DECL OF DIRK B. PALOUTZIAN IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S
MEMORANDUM OF COSTS IN ITS ENTIRETY OR IN THE ALTERNATIVE, TO TAX PLAINTIFF'S COSTS
3
1 in support of Sandridge's motion for attorneys' fees pursuant to contract in Civil Code section
2 1717, which will be timely filed and is forthcoming.
3 13. Baker, Manock & Jensen, PC began representing Sandridge in this matter 2018.
4 14. I filed a verified memorandum of costs on February 15, 2024 which is prima facie
5 evidence of the reasonableness of costs incurred by Sandridge. The burden of proof on a motion to
6 tax is on the party seeking to tax costs to show that the costs were not reasonable. A&P's motion to
7 tax failed to satisfy the burden of proof as the motion consisted of conclusory allegations that the
8 cost items were neither necessary nor reasonable. This is insufficient to meet the objecting party's
9 burden. This declaration is provided in the event the Court believes A&P has satisfied its burden
10 of proof.
11 15. On April 7, 2023, I caused to be served on A&P a Code of Civil Procedure section
12 998 offer in the amount of $3,999,999.00, inclusive of post-offer attorneys' fees and costs. A&P
13 did not respond to the offer and it therefore was deemed withdrawn 30 days thereafter. Attached
14 hereto as Exhibit "B" is a true and correct copy of the offer to compromise pursuant to Code of
15 Civil Procedure section 998.
16 16. Attached hereto as Exhibit "C" is a true and correct copy of Sandridge's Written
17 Exchange of Required Expert Witness Information and Expert Witness Declaration, served
18 pursuant to Code of Civil Procedure sections 2034.210 and 2034.260, which sets forth the
19 qualifications, hourly rates and subject matter of opinions offered by each of Sandridge's retained
20 expert witnesses.
21 17. I retained the services of several experts in this case, including the services of
22 Jeffrey Hunt, Ph.D. Dr. Hunt is an expert in the field of civil and structural engineering design. Dr.
23 Hunt testified at the trial of this matter. It is my opinion, based upon my education, training and
24 experience as a business litigation attorney, that the expert witness fees billed by Dr. Hunt for his
25 consultation and services were reasonably necessary to establish A&P's negligence with respect to
26 the trellis failures, causation, fitness for purpose and its conformity to the contracts at issue. True
27 and correct copies of the invoices sent by Dr. Hunt are attached hereto as Exhibit "D." As shown
28 on these invoices, Dr. Hunt's total charges were $36,672.25.
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AMENDED DECL OF DIRK B. PALOUTZIAN IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S
MEMORANDUM OF COSTS IN ITS ENTIRETY OR IN THE ALTERNATIVE, TO TAX PLAINTIFF'S COSTS
4
1 18. I also the retained services of Robert Carnahan, P.E. as an expert witness in this
2 case. Mr. Carnahan is an expert engineer specializing in materials and corrosion. Mr. Carnahan did
3 not testify at the trial of this matter primarily because Dr. Hunt was allowed to offer trial
4 testimony that incorporated Mr. Hunt's opinions. It is my opinion, based upon my education,
5 training and experience as a business litigation attorney, that the expert witness fees billed by Mr.
6 Carnahan for his consultation and services were reasonably necessary to establish A&P's
7 negligence with respect to the trellis failures, causation, fitness for purpose and its conformity to
8 the contracts at issue. True and correct copies of the invoices sent by Mr. Carnahan are attached
9 hereto as Exhibit "D." As shown on these invoices, Mr. Carnahan's total charges were $4,400.00.
10 19. I retained the services of Barry Kriebel as an expert witness in this case. Mr.
11 Kriebel has been a licensed attorney in California for approximately 45 years and is the past
12 President and CEO of Sun-Maid Growers of California. Mr. Kriebel testified at the trial of this
13 matter. It is my opinion, based upon my education, training and experience as a business litigation
14 attorney, that the expert witness fees billed by Mr. Kriebel for his consultation and services were
15 reasonably necessary as he provided testimony concerning dried-on-the-vine raisins and damages.
16 True and correct copies of the invoices sent by Mr. Kriebel are attached hereto as Exhibit "D."
17 As shown on these invoices, Mr. Kriebel's total charges were $9,383.44.
18 20. I retained the services of Rick Stark as an expert witness in this case. Mr. Stark is
19 the former manager of Grower Relations for Sun-Maid Growers of California. Mr. Stark testified
20 at the trial of this matter. It is my opinion, based upon my education, training and experience as a
21 business litigation attorney, that the expert witness fees billed by Mr. Stark for his consultation
22 and services were reasonably necessary as he provided testimony concerning raisin production,
23 grading of raisins, raisin grape industry customs and practices, and damages. True and correct
24 copies of the invoices sent by Mr. Stark are attached hereto as Exhibit "D." As shown on these
25 invoices, Mr. Stark's total charges were $5,395.21.
26 21. I am familiar with the billing rates generally in the San Joaquin Valley and am of
27 the opinion that the rates charged by the attorneys and paralegals that worked on this case are
28 reasonable and within the range of rates charged by attorneys of like experience, skill and
3463859v1 / 19045.0046 5
AMENDED DECL OF DIRK B. PALOUTZIAN IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S
MEMORANDUM OF COSTS IN ITS ENTIRETY OR IN THE ALTERNATIVE, TO TAX PLAINTIFF'S COSTS
5
1 expertise. I am also of the opinion that the total amount of attorneys' fees was reasonable.
2 22. Additionally, the rates charged by our firm are in line with the Laffey/Fitzpatrick
3 Matrix. This Matrix is published by the U.S. Department of Justice, and is a guide to reasonable
4 hourly billing rates in the area of the District of Columbia, though it is often used as a baseline to
5 determine reasonable rates in other regions of the country. (See https://scalelegal.org/wp-
6 content/uploads/2018/03/California-Lawyer-Hourly-Rate.pdf [last accessed March 28, 2024].)
7 Indeed, California courts may rely on this Matrix to determine reasonable rates in this state. (Syers
8 Properties III, Inc. v. Rankin (2014) 226 Cal.App.4th 691, 702.) It offers tiered rates for lawyers,
9 paralegals, and law clerks differentiated according to their years of experience. The most recent
10 Matrix can be found at https://www.justice.gov/usao-dc/page/file/1504361/dl [last accessed
11 March 28, 2024]. As can be seen by this Matrix, every single one of our attorneys and paralegals
12 had hourly billing rates lower than the 2023 Matrix – often significantly so. For instance, my
13 current billing rate is $510.00, despite the fact that the Matrix sets a reasonable hourly rate for
14 attorneys with my level of experience at $795.00.
15 23. Another methodology in determining the reasonableness of an attorneys' rate is
16 through the U.S. Consumer Attorney Fee Survey found at:
17 https://www.nclc.org/images/pdf/litigation/tools/atty-fee-survey-2015-2016.pdf [last accessed
18 March 28, 2024].) As seen on this Survey, the median hourly billing rate for all California
19 attorneys in 2017-2018 was $450.00, which exceeds the rate of almost all of our attorneys who
20 worked on this case and . (Id. at 58.)
21 24. Trial in this matter was located in Bakersfield, California which is over 100 miles
22 away from my office in Fresno, California. As Sandridge's counsel of record, my presence at trial
23 was necessary to the conduct of the litigation, and a daily commute would require me to drive over
24 200 miles a day. Therefore, the meal, lodging and travel costs were necessary and reasonable.
25 25. Ms. Cindy Stewart, a contract paralegal, performed work on this matter. Ms.
26 Stewart billed the client directly at a hourly billing rate of $85.00 an hour. Ms. Stewart attended
27 the trial of this matter in a support role to me. It is my opinion, based upon my education, training
28 and experience as a business litigation attorney, that the paralegal fees billed by Ms. Stewart for
3463859v1 / 19045.0046 6
AMENDED DECL OF DIRK B. PALOUTZIAN IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S
MEMORANDUM OF COSTS IN ITS ENTIRETY OR IN THE ALTERNATIVE, TO TAX PLAINTIFF'S COSTS
6
1 her services were reasonable and necessary to the conduct of this litigation. Ms. Stewart engaged
2 in document management during the discovery phase of this litigation, prepared trial exhibits and
3 exhibit binders, and provided trial support throughout trial by locating relevant deposition
4 testimony for use in direct and cross examinations, preparing PowerPoint slides for opening and
5 closing arguments, providing general paralegal support before and during trial, and running the
6 AV system for counsel. In my opinion, Ms. Stewart's fees are more than reasonable as we billed
7 our paralegals at rates between $200.00 and $245.00 in 2023. Ms. Stewart is also located in
8 Fresno, California, so her meals and lodging costs were reasonably necessary.
9 >
I declare under penalty of perjury under the laws of the State of California that the
10 foregoing is true and correct and that this declaration was executed on this 29th day of March,
11 2024, at Fresno, California.
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Dirk B. Paloutzian
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AMENDED DECL OF DIRK B. PALOUTZIAN IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S
MEMORANDUM OF COSTS IN ITS ENTIRETY OR IN THE ALTERNATIVE, TO TAX PLAINTIFF'S COSTS
7
1 PROOF OF SERVICE
2 Sandridge Partners, L.P. v. A&P Structures, Inc.
Case No. BCV-18-102650
3
STATE OF CALIFORNIA, COUNTY OF FRESNO
4
At the time of service, I was over 18 years of age and not a party to this action. I am
5 employed in the County of Fresno, State of California. My business address is 5260 North Palm
Avenue, Suite 201, Fresno, CA 93704.
6
On March 29, 2024, I served true copies of the following document(s) described as
7 DECLARATION OF DIRK B. PALOUTZIAN IN SUPPORT OF OPPOSITION TO
MOTION TO STRIKE PLAINTIFF'S MEMORANDUM OF COSTS IN ITS ENTIRETY
8 OR IN THE ALTERNATIVE, TO TAX PLAINTIFF'S COSTS on the interested parties in
this action as follows:
9
Micah K. Nilsson, Esq. Attorneys for Defendant and Cross-
10 ZIMMER & MELTON, LLP Complainant, A&P STRUCTURES, INC.
11601 Bolthouse Drive
11 Suite 100
Bakersfield, CA 93311
12 P: 661-463-6700
F: 661-501-4221
13 e-mail: mnilsson@zimmermelton.com
rsandidge@zimmermelton.com
14
15 BY E-MAIL OR ELECTRONIC TRANSMISSION: Pursuant to California Rules of
Court, Rule 2.251 and Code of Civil Procedure §1010.6, I caused a copy of the document(s) to be
16 sent from e-mail address athomson@bakermanock.com to the persons at the e-mail addresses
listed in the Service List. I did not receive, within a reasonable time after the transmission, any
17 electronic message or other indication that the transmission was unsuccessful.
18 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
19
Executed on March 29, 2024, at Fresno, California.
20
21
/s/ Angela R. Thomson
22 Angela R. Thomson
23
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3463859v1 / 19045.0046 8
AMENDED DECL OF DIRK B. PALOUTZIAN IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S
MEMORANDUM OF COSTS IN ITS ENTIRETY OR IN THE ALTERNATIVE, TO TAX PLAINTIFF'S COSTS
8
Sandridge Parners, L.P. v. A&P Ag Structures – Case No. BCV-18-102650 BCB
INDEX OF EXHIBITS:
EXHIBIT A PAGE 10
EXHIBIT B PAGE 30
EXHIBIT C PAGE 37
EXHIBIT D PAGE 57
9
EXHIBIT A
10
Statement of Account
019045 John Vidovich 04/01/2023 -
000046 Sandridge Partners v. A&P Structures, et al. Time & Rate: Bill Value
960 N. San Antonio Road, Ste. 114
Los Altos, CA 94022
Fees
Page: 1 Baker Manock & Jensen, PC 01/22/2024 10:36am
11
Statement of Account
019045 John Vidovich 04/01/2023 -
000046 Sandridge Partners v. A&P Structures, et al. Time & Rate: Bill Value
Fees
Date ID Description Time Hrly Rate Orig Amount Bill Amount
4/7/2023 DBP Preparation for trial, including review and analysis of exhibits for use with 6.60 $495 $3,267.00 $3,267.00
various witnesses and preparation of witness exams; review and analysis of
Mr. Hunt's expert file to be produced to opposing counsel; emails with Mr.
Kriebel regarding backup for his damages testimony regarding retrofitting of
non-failing trellises; email to Mr. Andrew for his review to prepare
for his expert deposition; review and analysis of expert Rob Carnahan's file for
production to opposing counsel; Preparation of 998 offer.
4/7/2023 KAE Receipt of email from Jeff Hunt with alternate format of records in Analysis 2.00 $200 $400.00 $400.00
folder; Download Analysis folder documents to OneDrive for Jeff Hunt's expert
file; Receipt of email from Rob Carnahan asking for what documents Jeff Hunt
produced; Preparation of reply email to Rob Carnahan with link to Jeff Hunt's
expert file; Receipt of additional email from Rob Carnahan that he cannot
access the documents from the prior link provided; Preparation of additional
email to Rob Carnahan with OneDrive link to the expert file of Jeff Hunt;
Receipt of additional email from Rob Carnahan with link to documents included
in his expert file; Gather all email correspondences with expert Rob Carnahan
to add to his expert file; Download expert file documents provided by Rob
Carnahan to OneDrive and our document management system; Receipt of
email from opposing counsel regarding sharing cost of court reporter.
4/7/2023 ART Draft 998 Offer to Compromise for attorney review and signature; arrange for 0.80 $200 $160.00 $160.00
personal delivery to opposing counsel; Draft Stipulation re Certified Shorthand
Reporter for attorneys signature; email to opposing counsel for his signature
and to court reporter. Emails to/from opposing counsel regarding same.
4/10/2023 DBP Emails with opposing counsel regarding deposition of Mr. Andrew; text 7.70 $495 $3,811.50 $3,811.50
messages and telephone conference with Mr. Andrew regarding
; continued trial preparation, including
preparation of witness exams and exhibits; emails with opposing counsel
regarding trial exhibits and deposition of Mr. Andrew; conference with Ms.
Stewart regarding preparation of PowerPoint presentations for expert
witnesses; attention to Mr. Kriebel's file to add recently provided documents;
receipt, review and analysis of Mr. Kriebel's expert report and conference with
Mr. Kriebel regarding form and content of same; emails with attorney Scott Ivy
regarding his client Kip Green's potential trial testimony; emails with opposing
counsel regarding numbering of trial exhibits; review and analysis of
defendant's motion in limine number three and conference with Mr. Johnson
regarding preparation of opposition to same; emails with Judge Barmann's
court clerk regarding trial readiness; email defendants expert Osteen's
deposition transcript to Mr. Andrew for his preparation for expert witness
deposition; review and analysis of emails with Mr. Andrew to produce to
opposing counsel as part of his expert witness file.
4/10/2023 PWJ Preparation of opposition to Motion in Limine #3. 2.10 $275 $577.50 $577.50
4/10/2023 KAE Receipt of email from Rob Carnahan that change in start time for his 4.10 $200 $820.00 $820.00
deposition will be fine; Review status of correspondence to client enclosing
additional invoice for the depositions of Shawn Berbereia and David Parrish
volume 2; Receipt of additional documents for Barry Kriebel's expert file and
download to our document management system and OneDrive; Telephone call
to the Kern County Superior Court clerk regarding potential remote testimony
of Philip Boghosian as he has Covid; Receipt of email from opposing counsel
regarding changing start time of the deposition of Rob Carnahan; Preparation
of email to Rob Carnahan asking about changing the start time for his
deposition; Preparation of email to opposing counsel that change in start time
for Rob Carnahan's deposition will be fine; Receipt of email from Philip
Boghosian with his signed stand-by letter; Update to trial subpoena chart with
additional stand-by letter received; Preparation of additional documents to send
Page: 2 Baker Manock & Jensen, PC 01/22/2024 10:36am
12
Statement of Account
019045 John Vidovich 04/01/2023 -
000046 Sandridge Partners v. A&P Structures, et al. Time & Rate: Bill Value
Fees
Date ID Description Time Hrly Rate Orig Amount Bill Amount
to experts Dr. Hunt and Mr. Carnahan; Preparation of email to Jeff Hunt with
OneDrive link to three depositions for his review; Preparation of email to Rob
Carnahan with OneDrive link to three depositions for his review; Review all
depositions received to make certain those in XMEF format have been added
to TextMap; Update Hunt records log with additional documents provided for
his review; Update Carnahan records log with additional documents provided
for his review; Receipt of email from Veritext with the invoice related to the
deposition of Craig Andrew; Receipt of email from Philip Boghosian assistant
that he has Covid-19 and will still be able to make the remote deposition but
not in-person testimony for trial; Preparation of email to Mr. Boghosian to
please sign and return our stand-by letter and we will check on availability of
remote testimony for trial; Review status of service of trial subpoena upon Alex
Sytsma.
4/11/2023 DBP Telephone call with Sun-Maid general counsel Zach Chapman regarding 7.60 $495 $3,762.00 $3,762.00
subpoena for trial witnesses; continued trial preparation including review and
analysis of document productions for additional trial exhibits; Telephone call
with Mr. Andrew to
; emails with Mr. Dan Drake regarding his deposition; preparation
of direct examination of Mr. Andrew for his expert deposition; review and
analysis of depositions of Mr. Peacock and Mr. Osteen for same; emails with
opposing counsel regarding health of Mr. Parrish; Emails with Judge
Barmann's clerk regarding whether counsel and parties are prepared to
proceed to trial.
4/11/2023 PWJ Preparation of opposition to motion in limine #3. 2.50 $275 $687.50 $687.50
4/11/2023 KAE Preparation of the deposition transcript of Steven Jackson to OneDrive; 4.80 $200 $960.00 $960.00
Preparation of email to Steven Jackson enclosing his deposition for his review
prior to trial; Preparation of the deposition transcript of Ceil Howe III to
OneDrive; Preparation of email to Ceil Howe III enclosing his deposition for his
review prior to trial; Preparation of the deposition transcript of Craig Andrew to
OneDrive; Preparation of email to Craig Andrew enclosing
; Preparation of email to Ted Page enclosing his deposition
for his review prior to trial; Preparation of the deposition transcript of Ted Page
to OneDrive; Preparation of the deposition transcript of Larry Ritchie to
OneDrive; Preparation of email to Bob Down on behalf of Larry Ritchie
enclosing Mr. Ritchie's deposition for his review prior to trial; Preparation of the
deposition transcript of John Vidovich to OneDrive; Preparation of email to
John Vidovich enclosing his deposition for his review prior to trial; Receipt of
email from Dan Drake with enclosed signed stand-by letter; Receipt of email
from Philip Boghosian requesting a link to his remote deposition coming up
soon; Receipt of emails from Veritext with R & S and Errata sheets for the
depositions of David Heinz and Dan Drake; Receipt of voice mail message
from assistant to Philip Boghosian requesting a link to his remote deposition
coming up soon; Receipt of email from Devin Stout with enclosed signed
stand-by letter and asking about potential dates for trial testimony; Preparation
of reply email to Devin Stout with best estimate for potential testimony dates at
current; Preparation of email to Philip Boghosian and his assistant that we
have yet to receive a link for his deposition but we will follow up with opposing
counsel and provide one upon receipt; Preparation of email to opposing
counsel asking for links to the depositions of Jeff Hunt, Rob Carnahan, and
Craig Andrew set for the next day; Receipt of reply email from opposing
counsel with links to depositions; Preparation of email to Jeff Hunt with link to
his remote deposition; Preparation of email to Rob Carnahan with link to his
remote deposition; Preparation of email to Craig Andrew with link to his remote
deposition.
4/12/2023 DBP Prepare for and attend depositions of Sandridge experts Dr. Jeff Hunt and Mr. 7.40 $495 $3,663.00 $3,663.00
Rob Carnahan; receipt and review of draft stipulation to continue trial date;
revisions to same; execute and return same to opposing counsel.
4/12/2023 KAE Preparation of email to opposing counsel regarding issue with link to Jeff 2.60 $200 $520.00 $520.00
Hunt's deposition; Receipt of email from Jeff Hunt that the link to his remote
deposition is not working; Receipt of email from opposing that issue with link to
the remote depositions of Jeff Hunt is resolved; Receipt of email from Devin
Stout asking the change his deposition date; Receipt of additional email from
Devin Stout asking "remote" deposition versus "in-person."; Preparation of
reply email to Devin Stout that his deposition will be conducted by Zoom or
Page: 3 Baker Manock & Jensen, PC 01/22/2024 10:36am
13
Statement of Account
019045 John Vidovich 04/01/2023 -
000046 Sandridge Partners v. A&P Structures, et al. Time & Rate: Bill Value
Fees
Date ID Description Time Hrly Rate Orig Amount Bill Amount
similar; Preparation of email to opposing counsel asking if they have already
reached out to Philip Boghosian regarding changing his deposition date;
Receipt of reply email from opposing counsel that they are working with Mr.
Boghosian's assistant to obtain a new deposition date; Preparation of email to
opposing counsel asking if they have would be willing to change the date of the
Devin Stout deposition; Receipt of reply email from opposing counsel that they
will re-schedule the deposition of Devin Stout and to provide new dates of
availability; Preparation of email to Mr. Boghosian's assistant confirming
deposition date change; Receipt of email from Boghosian's assistant that they
are working with opposing counsel to agree on a new deposition date;
Preparation of email to Barry Kriebel enclosing link to access his remote
deposition.
4/13/2023 DBP Prepare for and attend deposition of Barry Kriebel; meeting with Mr. Kriebel to 6.50 $495 $3,217.50 $3,217.50
prepare for his deposition; revisions to his expert report and email same to
opposing counsel prior to deposition; Prepare for and attend hearing on
defendant's motion to continue trial date based upon illness of Mr. Parrish.
4/13/2023 KAE Receipt of email from Ted Page asking for directions to court as well as date 4.40 $200 $880.00 $880.00
and time for his trial testimony; Preparation of email to Craig Andrew advising
; Preparation of
email to Ted Page advising of new trial date and request to confirm availability
for same; Telephone call from Ted Page that he will be out of the country
during the new trial date; Preparation of email to Jeff Hunt advising of new trial
date and request to confirming availability for same; Preparation of email to
Dan Drake advising of new trial date and request to confirm availability for
same; Preparation of email to David Heinz advising of new trial date and
request to confirm availability for same; Preparation of email to Rob Carnahan
advising of new trial date and request to confirm availability for same; Receipt
of email from Rob Carnahan confirming his availability for new trial date;
Receipt of email from Dan Drake confirming his availability for new trial date;
Receipt of email from David Heinz confirming his availability for new trial date;
Preparation of email to Rick Stark advising of new trial date and request to
confirm availability for same; Receipt of additional email from David Heinz
enclosing document related to failed vineyard area for review by Mr.
Paloutzian; Receipt of email from Matthew Fidelibus asking about trial date;
Preparation of reply email to Matthew Fidelibus advising of new trial date and
request to confirm availability for same; Receipt of additional email from
Matthew Fidelibus confirming availability for new trial date; Preparation of email
to opposing counsel checking on status of the deposition of Paul Zimmer,
Craig Andrew, Devin Stout, and Philip Boghosian; Receipt of reply email from
opposing counsel that the deposition of Paul Zimmer will be rescheduled and
other moved as well; Preparation of email to Devin Stout checking his
availability for deposition on April 20, 2023; Receipt of reply email from Devin
Stout confirming availability for April 20, 2023 deposition; Preparation of
additional email to Devin Stout advising of new trial date and request to confirm
availability for same; Receipt of email from Devin Stout confirming his
availability for new trial date.
4/13/2023 ART Emails to/from opposing counsel regarding updated expert deposition 0.20 $200 $40.00 $40.00
schedule.
4/14/2023 DBP Emails with Sun-Maid general counsel regarding trial continuance; emails with 1.00 $495 $495.00 $495.00
counsel for Mr. Ritchie regarding same; emails with Mr. Drake, Mr. Heinz and
Mr. Stout regarding same; telephone conference with Mr. Stark regarding his
expert witness fees and billing statement; emails with opposing counsel
regarding defendant's payment of plaintiff's expert witness deposition fees.
4/14/2023 KAE Receipt of email from Ted Page that he is not available for the September trial 1.00 $200 $200.00 $200.00
date; Preparation of reply email to Ted Page that I will inform Mr. Paloutzian of
his availability and follow up; Preparation of email to Bob Dowd on behalf of
Larry Ritchie advising of new trial date and request to confirm availability for
same; Receipt of email from Philip Boghosian confirming his availability for
new trial date; Receipt of reply email from Bob Dowd he will let Mr. Ritchie now
of new trial date and will advise of any conflicts; Preparation of draft
correspondence to Mr. Vidovich .
4/17/2023 KAE Receipt of auto email indicating last email to Jeff Hunt was undeliverable; 0.60 $200 $120.00 $120.00
Preparation of additional email to Jeff Hunt advising of new trial date and
request to confirm availability for same; Preparation of email to opposing
Page: 4 Baker Manock & Jensen, PC 01/22/2024 10:36am
14
Statement of Account
019045 John Vidovich 04/01/2023 -
000046 Sandridge Partners v. A&P Structures, et al. Time & Rate: Bill Value
Fees
Date ID Description Time Hrly Rate Orig Amount Bill Amount
counsel checking on status of depositions this week; Receipt of email from Jeff
Hunt confirming his availability for new trial date; Receipt of email from
opposing counsel with deposition notices of Craig Andrew and Devin Stout;
Receipt of email from opposing counsel with links to the remote deposition
Craig Andrew and Devin Stout.
4/18/2023 KAE Preparation of email to Devin Stout with link to his remote deposition 0.40 $200 $80.00 $80.00
scheduled April 20, 2023 at 9:00 a.m; Preparation of email to Craig Andrew
.
4/19/2023 DBP Text messages with Mr. Andrew regarding ; emails 0.40 $495 $198.00 $198.00
with opposing counsel regarding same.
4/19/2023 KAE Preparation of additional email to Devin Stout with link to his remote deposition 0.80 $200 $160.00 $160.00
scheduled April 20, 2023 at 9:00 a.m; Receipt of reply email from Mr. Stout
that he has the link to his deposition; Receipt of additional email from Mr. Stout
confirming Mr. Paloutzian's attendance at his deposition; Preparation of reply
email to Mr. Stout that Mr. Paloutzian will attend hid deposition.
4/20/2023 DBP Prepare for and attend deposition of non-retained expert witness Devin Stout. 4.00 $495 $1,980.00 $1,980.00
4/20/2023 KAE Receipt of email from opposing counsel with the link to the remote deposition 0.20 $200 $40.00 $40.00
of Craig Andrew.
4/25/2023 KAE Receipt of email from court reporter with executed Errata from William 0.20 $200 $40.00 $40.00
Peacock.
4/26/2023 KAE Receipt of email from Johnny at Loeb & Loeb that thumb drive with the main 0.40 $200 $80.00 $80.00
production from Annette will be arriving today; Receipt of email from court
reporter with Errata sheet from expert William Peacock.
Total Fees: 04/2023 99.10 $38,897.50 $38,897.50
5/1/2023 DBP Meeting with David Heinz regarding revisions to his deposition testimony; 1.00 $495 $495.00 $495.00
review of trial exhibits with Mr. Heinz for same.
5/2/2023 DBP Emails with opposing counsel regarding expert depositions and deposition 0.40 $495 $198.00 $198.00
fees; text messages with Mr. Andrew regarding .
5/8/2023 KAE Preparation of draft correspondence to Mr. Vidovich enclosing 0.20 $200 $40.00 $40.00
.
5/9/2023 KAE Receipt of several outstanding invoices from court reporters related to various 0.60 $200 $120.00 $120.00
depositions; Review of our document management system
Preview
1 DIRK B. PALOUTZIAN #173676 dpaloutzian@bakermanock.com 2 LAUREN A. BAGDASARIAN #345585 lbagdasarian@bakermanock.com 3 Baker Manock & Jensen, PC 5260 North Palm Avenue, Suite 201 4 Fresno, California 93704 Telephone: 559.432.5400 5 Facsimile: 559.432.5620 6 Attorneys for Plaintiff and Cross-Defendant, SANDRIDGE PARTNERS, L.P., a California Limited Partnership 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF KERN 10 11 SANDRIDGE PARTNERS, L.P., a Limited Case No. BCV-18-102650 BCB Partnership, 12 AMENDED DECLARATION OF DIRK B Plaintiff, . PALOUTZIAN IN SUPPORT OF 13 OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S MEMORANDUM OF 14 COSTS IN ITS ENTIRETY OR IN THE v. ALTERNATIVE, TO TAX PLAINTIFF'S 15 COSTS 16 Date: April 12, 2024 A&P AG STRUCTURES, INC., a California Time: 8:30 a.m. 17 corporation; and DOES 1-50, inclusive, Div.: H 18 Defendant. Judge: Hon. Bernard C. Barmann, Jr. 19 Action Filed: October 19, 2018 AND RELATED CROSS-ACTION. Trial Date: September 25, 2023 20 21 22 I, Dirk B. Paloutzian, declare as follows: 23 1. I am an attorney duly licensed to practice before all courts of the State of 24 California. I am a shareholder with Baker Manock & Jensen, PC, counsel of record for Plaintiff 25 and Cross-Defendant, SANDRIDGE PARTNERS, L.P. ("Sandridge"). I am familiar with the 26 pleadings, discovery, and issues in this matter. 27 2. The facts contained herein are within my personal knowledge, and if called upon to 28 testify, I could and would competently testify thereto. 3463859v1 / 19045.0046 1 AMENDED DECL OF DIRK B. PALOUTZIAN IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S MEMORANDUM OF COSTS IN ITS ENTIRETY OR IN THE ALTERNATIVE, TO TAX PLAINTIFF'S COSTS 1 1 3. I am a graduate of the U.C. Davis School of Law, and have been continuously 2 engaged in the practice of law for nearly thirty (30) years. My practice focuses on business 3 litigation. My current hourly billing rate is $510.00. I am identified by the initials "DBP" on the 4 attached fee listings that show the amount of time I worked on this case. 5 4. I was assisted in this matter by other attorneys and paralegals in the firm, as 6 follows: 7 a. Donald R. Forbes is a graduate from San Joaquin College of Law, and has 8 been continuously engaged in the practice of law since 1978. Mr. Forbes' practice covers a broad 9 range of matters, including business and general civil litigation, agricultural issues, real property, 10 contract and business disputes and personal injury cases. Mr. Forbes' current hourly billing rate is 11 $405.00. He is identified by the initials "DRF" on the attached fee listings that show the amount of 12 time he worked on this case. 13 b. Parker W. Johnson is a graduate from UCLA School of Law and has been 14 continuously engaged in the practice of law for approximately one (1) year. Mr. Johnson's hourly 15 billing rate in this matter was $275.00. He is identified by the initials "PWJ" on the attached fee 16 listings that show the amount of time he worked on this case. 17 c. Ms. Kimberly A. White, a paralegal, performed work on this matter. She 18 received her paralegal certificate from the San Joaquin College of Law in 1991, and has worked as 19 a full-time paralegal for the last twenty (20) years. Ms. White's current hourly rate is $220.00. Ms. 20 White is identified by the initials "KAE" on the attached fee listings that show the amount of time 21 she worked on this case. 22 d. Ms. Angela Thomson, a paralegal, performed work on this matter. Ms. 23 Thomson's current hourly billing rate is $220.00. Ms. Thomson is identified by the initials "ART" 24 on the attached fee listings that show the amount of time she worked on this case. 25 5. I am the billing attorney responsible for preparing the fee listings on this matter. As 26 one of the billing attorneys on this matter, I am personally familiar with the process by which 27 billing entries of attorneys at the firm are created for billing purposes. Time entries for legal work 28 are entered into a computerized billing system at or near the time the work is performed. These 3463859v1 / 19045.0046 2 AMENDED DECL OF DIRK B. PALOUTZIAN IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S MEMORANDUM OF COSTS IN ITS ENTIRETY OR IN THE ALTERNATIVE, TO TAX PLAINTIFF'S COSTS 2 1 entries state the amount of time spent and describe the particular legal services performed. Each 2 attorney has a business duty to enter their time and task descriptions for each client into the billing 3 system. At the end of each month, the billing department at the firm generates fee listings from the 4 computerized system. It is part of the billing department's duties to generate and maintain client 5 fee listings from time and task information placed into the computerized billing system by 6 attorneys at the firm. Those statements are reviewed by the attorneys for accuracy and then sent 7 out to the firm's clients. These statements are created and maintained in the normal course and 8 scope of business at Baker Manock & Jensen, PC. 9 6. Attached hereto as Exhibit "A" are true and correct copies of our billing records 10 regarding this matter for the period of time after Sandridge's Code of Civil Procedure section 998 11 offer, i.e., "post-offer costs." Consistent with the records contained in the fee listings attached to 12 this Declaration, 632.90 hours were spent and billed working on this matter during that period, 13 incurring fees in the amount of $265,462.00. However, Sandridge is not requesting the sum of 14 $195.00 because that time was ultimately written off and not charged to Sandridge, which results 15 in net, post-offer fees incurred by Sandridge in the amount of $265,267.00. 16 7. The fee listings show that I spent 463.80 hours working on this case, incurring a 17 total of $229,581.00 in fees. 18 8. The fee listings show that Mr. Forbes spent 10.40 hours working on this case, 19 incurring a total of $3,796.00 in fees. 20 9. The fee listings show that Mr. Johnson spent 4.60 hours working on this case, 21 incurring a total of $1,265.00 in fees. 22 10. The fee listings show that Ms. White spent 135.30 hours working on this case, 23 incurring a total of $27,060.00 in fees. 24 11. The fee listings show that Ms. Thomson spent 18.80 hours working on this case, 25 incurring a total of $3,760.00 in fees. 26 12. Our billing records regarding this matter for the period of time before Sandridge's 27 Code of Civil Procedure section 998 offer, i.e., "pre-offer fees," indicate that Sandridge incurred 28 fees in the amount of $250,009.00. The billing records for these pre-offer fees will be submitted 3463859v1 / 19045.0046 3 AMENDED DECL OF DIRK B. PALOUTZIAN IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S MEMORANDUM OF COSTS IN ITS ENTIRETY OR IN THE ALTERNATIVE, TO TAX PLAINTIFF'S COSTS 3 1 in support of Sandridge's motion for attorneys' fees pursuant to contract in Civil Code section 2 1717, which will be timely filed and is forthcoming. 3 13. Baker, Manock & Jensen, PC began representing Sandridge in this matter 2018. 4 14. I filed a verified memorandum of costs on February 15, 2024 which is prima facie 5 evidence of the reasonableness of costs incurred by Sandridge. The burden of proof on a motion to 6 tax is on the party seeking to tax costs to show that the costs were not reasonable. A&P's motion to 7 tax failed to satisfy the burden of proof as the motion consisted of conclusory allegations that the 8 cost items were neither necessary nor reasonable. This is insufficient to meet the objecting party's 9 burden. This declaration is provided in the event the Court believes A&P has satisfied its burden 10 of proof. 11 15. On April 7, 2023, I caused to be served on A&P a Code of Civil Procedure section 12 998 offer in the amount of $3,999,999.00, inclusive of post-offer attorneys' fees and costs. A&P 13 did not respond to the offer and it therefore was deemed withdrawn 30 days thereafter. Attached 14 hereto as Exhibit "B" is a true and correct copy of the offer to compromise pursuant to Code of 15 Civil Procedure section 998. 16 16. Attached hereto as Exhibit "C" is a true and correct copy of Sandridge's Written 17 Exchange of Required Expert Witness Information and Expert Witness Declaration, served 18 pursuant to Code of Civil Procedure sections 2034.210 and 2034.260, which sets forth the 19 qualifications, hourly rates and subject matter of opinions offered by each of Sandridge's retained 20 expert witnesses. 21 17. I retained the services of several experts in this case, including the services of 22 Jeffrey Hunt, Ph.D. Dr. Hunt is an expert in the field of civil and structural engineering design. Dr. 23 Hunt testified at the trial of this matter. It is my opinion, based upon my education, training and 24 experience as a business litigation attorney, that the expert witness fees billed by Dr. Hunt for his 25 consultation and services were reasonably necessary to establish A&P's negligence with respect to 26 the trellis failures, causation, fitness for purpose and its conformity to the contracts at issue. True 27 and correct copies of the invoices sent by Dr. Hunt are attached hereto as Exhibit "D." As shown 28 on these invoices, Dr. Hunt's total charges were $36,672.25. 3463859v1 / 19045.0046 4 AMENDED DECL OF DIRK B. PALOUTZIAN IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S MEMORANDUM OF COSTS IN ITS ENTIRETY OR IN THE ALTERNATIVE, TO TAX PLAINTIFF'S COSTS 4 1 18. I also the retained services of Robert Carnahan, P.E. as an expert witness in this 2 case. Mr. Carnahan is an expert engineer specializing in materials and corrosion. Mr. Carnahan did 3 not testify at the trial of this matter primarily because Dr. Hunt was allowed to offer trial 4 testimony that incorporated Mr. Hunt's opinions. It is my opinion, based upon my education, 5 training and experience as a business litigation attorney, that the expert witness fees billed by Mr. 6 Carnahan for his consultation and services were reasonably necessary to establish A&P's 7 negligence with respect to the trellis failures, causation, fitness for purpose and its conformity to 8 the contracts at issue. True and correct copies of the invoices sent by Mr. Carnahan are attached 9 hereto as Exhibit "D." As shown on these invoices, Mr. Carnahan's total charges were $4,400.00. 10 19. I retained the services of Barry Kriebel as an expert witness in this case. Mr. 11 Kriebel has been a licensed attorney in California for approximately 45 years and is the past 12 President and CEO of Sun-Maid Growers of California. Mr. Kriebel testified at the trial of this 13 matter. It is my opinion, based upon my education, training and experience as a business litigation 14 attorney, that the expert witness fees billed by Mr. Kriebel for his consultation and services were 15 reasonably necessary as he provided testimony concerning dried-on-the-vine raisins and damages. 16 True and correct copies of the invoices sent by Mr. Kriebel are attached hereto as Exhibit "D." 17 As shown on these invoices, Mr. Kriebel's total charges were $9,383.44. 18 20. I retained the services of Rick Stark as an expert witness in this case. Mr. Stark is 19 the former manager of Grower Relations for Sun-Maid Growers of California. Mr. Stark testified 20 at the trial of this matter. It is my opinion, based upon my education, training and experience as a 21 business litigation attorney, that the expert witness fees billed by Mr. Stark for his consultation 22 and services were reasonably necessary as he provided testimony concerning raisin production, 23 grading of raisins, raisin grape industry customs and practices, and damages. True and correct 24 copies of the invoices sent by Mr. Stark are attached hereto as Exhibit "D." As shown on these 25 invoices, Mr. Stark's total charges were $5,395.21. 26 21. I am familiar with the billing rates generally in the San Joaquin Valley and am of 27 the opinion that the rates charged by the attorneys and paralegals that worked on this case are 28 reasonable and within the range of rates charged by attorneys of like experience, skill and 3463859v1 / 19045.0046 5 AMENDED DECL OF DIRK B. PALOUTZIAN IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S MEMORANDUM OF COSTS IN ITS ENTIRETY OR IN THE ALTERNATIVE, TO TAX PLAINTIFF'S COSTS 5 1 expertise. I am also of the opinion that the total amount of attorneys' fees was reasonable. 2 22. Additionally, the rates charged by our firm are in line with the Laffey/Fitzpatrick 3 Matrix. This Matrix is published by the U.S. Department of Justice, and is a guide to reasonable 4 hourly billing rates in the area of the District of Columbia, though it is often used as a baseline to 5 determine reasonable rates in other regions of the country. (See https://scalelegal.org/wp- 6 content/uploads/2018/03/California-Lawyer-Hourly-Rate.pdf [last accessed March 28, 2024].) 7 Indeed, California courts may rely on this Matrix to determine reasonable rates in this state. (Syers 8 Properties III, Inc. v. Rankin (2014) 226 Cal.App.4th 691, 702.) It offers tiered rates for lawyers, 9 paralegals, and law clerks differentiated according to their years of experience. The most recent 10 Matrix can be found at https://www.justice.gov/usao-dc/page/file/1504361/dl [last accessed 11 March 28, 2024]. As can be seen by this Matrix, every single one of our attorneys and paralegals 12 had hourly billing rates lower than the 2023 Matrix – often significantly so. For instance, my 13 current billing rate is $510.00, despite the fact that the Matrix sets a reasonable hourly rate for 14 attorneys with my level of experience at $795.00. 15 23. Another methodology in determining the reasonableness of an attorneys' rate is 16 through the U.S. Consumer Attorney Fee Survey found at: 17 https://www.nclc.org/images/pdf/litigation/tools/atty-fee-survey-2015-2016.pdf [last accessed 18 March 28, 2024].) As seen on this Survey, the median hourly billing rate for all California 19 attorneys in 2017-2018 was $450.00, which exceeds the rate of almost all of our attorneys who 20 worked on this case and . (Id. at 58.) 21 24. Trial in this matter was located in Bakersfield, California which is over 100 miles 22 away from my office in Fresno, California. As Sandridge's counsel of record, my presence at trial 23 was necessary to the conduct of the litigation, and a daily commute would require me to drive over 24 200 miles a day. Therefore, the meal, lodging and travel costs were necessary and reasonable. 25 25. Ms. Cindy Stewart, a contract paralegal, performed work on this matter. Ms. 26 Stewart billed the client directly at a hourly billing rate of $85.00 an hour. Ms. Stewart attended 27 the trial of this matter in a support role to me. It is my opinion, based upon my education, training 28 and experience as a business litigation attorney, that the paralegal fees billed by Ms. Stewart for 3463859v1 / 19045.0046 6 AMENDED DECL OF DIRK B. PALOUTZIAN IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S MEMORANDUM OF COSTS IN ITS ENTIRETY OR IN THE ALTERNATIVE, TO TAX PLAINTIFF'S COSTS 6 1 her services were reasonable and necessary to the conduct of this litigation. Ms. Stewart engaged 2 in document management during the discovery phase of this litigation, prepared trial exhibits and 3 exhibit binders, and provided trial support throughout trial by locating relevant deposition 4 testimony for use in direct and cross examinations, preparing PowerPoint slides for opening and 5 closing arguments, providing general paralegal support before and during trial, and running the 6 AV system for counsel. In my opinion, Ms. Stewart's fees are more than reasonable as we billed 7 our paralegals at rates between $200.00 and $245.00 in 2023. Ms. Stewart is also located in 8 Fresno, California, so her meals and lodging costs were reasonably necessary. 9 > I declare under penalty of perjury under the laws of the State of California that the 10 foregoing is true and correct and that this declaration was executed on this 29th day of March, 11 2024, at Fresno, California. 12 13 Dirk B. Paloutzian 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3463859v1 / 19045.0046 7 AMENDED DECL OF DIRK B. PALOUTZIAN IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S MEMORANDUM OF COSTS IN ITS ENTIRETY OR IN THE ALTERNATIVE, TO TAX PLAINTIFF'S COSTS 7 1 PROOF OF SERVICE 2 Sandridge Partners, L.P. v. A&P Structures, Inc. Case No. BCV-18-102650 3 STATE OF CALIFORNIA, COUNTY OF FRESNO 4 At the time of service, I was over 18 years of age and not a party to this action. I am 5 employed in the County of Fresno, State of California. My business address is 5260 North Palm Avenue, Suite 201, Fresno, CA 93704. 6 On March 29, 2024, I served true copies of the following document(s) described as 7 DECLARATION OF DIRK B. PALOUTZIAN IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S MEMORANDUM OF COSTS IN ITS ENTIRETY 8 OR IN THE ALTERNATIVE, TO TAX PLAINTIFF'S COSTS on the interested parties in this action as follows: 9 Micah K. Nilsson, Esq. Attorneys for Defendant and Cross- 10 ZIMMER & MELTON, LLP Complainant, A&P STRUCTURES, INC. 11601 Bolthouse Drive 11 Suite 100 Bakersfield, CA 93311 12 P: 661-463-6700 F: 661-501-4221 13 e-mail: mnilsson@zimmermelton.com rsandidge@zimmermelton.com 14 15 BY E-MAIL OR ELECTRONIC TRANSMISSION: Pursuant to California Rules of Court, Rule 2.251 and Code of Civil Procedure §1010.6, I caused a copy of the document(s) to be 16 sent from e-mail address athomson@bakermanock.com to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any 17 electronic message or other indication that the transmission was unsuccessful. 18 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 19 Executed on March 29, 2024, at Fresno, California. 20 21 /s/ Angela R. Thomson 22 Angela R. Thomson 23 24 25 26 27 28 3463859v1 / 19045.0046 8 AMENDED DECL OF DIRK B. PALOUTZIAN IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S MEMORANDUM OF COSTS IN ITS ENTIRETY OR IN THE ALTERNATIVE, TO TAX PLAINTIFF'S COSTS 8 Sandridge Parners, L.P. v. A&P Ag Structures – Case No. BCV-18-102650 BCB INDEX OF EXHIBITS: EXHIBIT A PAGE 10 EXHIBIT B PAGE 30 EXHIBIT C PAGE 37 EXHIBIT D PAGE 57 9 EXHIBIT A 10 Statement of Account 019045 John Vidovich 04/01/2023 - 000046 Sandridge Partners v. A&P Structures, et al. Time & Rate: Bill Value 960 N. San Antonio Road, Ste. 114 Los Altos, CA 94022 Fees Page: 1 Baker Manock & Jensen, PC 01/22/2024 10:36am 11 Statement of Account 019045 John Vidovich 04/01/2023 - 000046 Sandridge Partners v. A&P Structures, et al. Time & Rate: Bill Value Fees Date ID Description Time Hrly Rate Orig Amount Bill Amount 4/7/2023 DBP Preparation for trial, including review and analysis of exhibits for use with 6.60 $495 $3,267.00 $3,267.00 various witnesses and preparation of witness exams; review and analysis of Mr. Hunt's expert file to be produced to opposing counsel; emails with Mr. Kriebel regarding backup for his damages testimony regarding retrofitting of non-failing trellises; email to Mr. Andrew for his review to prepare for his expert deposition; review and analysis of expert Rob Carnahan's file for production to opposing counsel; Preparation of 998 offer. 4/7/2023 KAE Receipt of email from Jeff Hunt with alternate format of records in Analysis 2.00 $200 $400.00 $400.00 folder; Download Analysis folder documents to OneDrive for Jeff Hunt's expert file; Receipt of email from Rob Carnahan asking for what documents Jeff Hunt produced; Preparation of reply email to Rob Carnahan with link to Jeff Hunt's expert file; Receipt of additional email from Rob Carnahan that he cannot access the documents from the prior link provided; Preparation of additional email to Rob Carnahan with OneDrive link to the expert file of Jeff Hunt; Receipt of additional email from Rob Carnahan with link to documents included in his expert file; Gather all email correspondences with expert Rob Carnahan to add to his expert file; Download expert file documents provided by Rob Carnahan to OneDrive and our document management system; Receipt of email from opposing counsel regarding sharing cost of court reporter. 4/7/2023 ART Draft 998 Offer to Compromise for attorney review and signature; arrange for 0.80 $200 $160.00 $160.00 personal delivery to opposing counsel; Draft Stipulation re Certified Shorthand Reporter for attorneys signature; email to opposing counsel for his signature and to court reporter. Emails to/from opposing counsel regarding same. 4/10/2023 DBP Emails with opposing counsel regarding deposition of Mr. Andrew; text 7.70 $495 $3,811.50 $3,811.50 messages and telephone conference with Mr. Andrew regarding ; continued trial preparation, including preparation of witness exams and exhibits; emails with opposing counsel regarding trial exhibits and deposition of Mr. Andrew; conference with Ms. Stewart regarding preparation of PowerPoint presentations for expert witnesses; attention to Mr. Kriebel's file to add recently provided documents; receipt, review and analysis of Mr. Kriebel's expert report and conference with Mr. Kriebel regarding form and content of same; emails with attorney Scott Ivy regarding his client Kip Green's potential trial testimony; emails with opposing counsel regarding numbering of trial exhibits; review and analysis of defendant's motion in limine number three and conference with Mr. Johnson regarding preparation of opposition to same; emails with Judge Barmann's court clerk regarding trial readiness; email defendants expert Osteen's deposition transcript to Mr. Andrew for his preparation for expert witness deposition; review and analysis of emails with Mr. Andrew to produce to opposing counsel as part of his expert witness file. 4/10/2023 PWJ Preparation of opposition to Motion in Limine #3. 2.10 $275 $577.50 $577.50 4/10/2023 KAE Receipt of email from Rob Carnahan that change in start time for his 4.10 $200 $820.00 $820.00 deposition will be fine; Review status of correspondence to client enclosing additional invoice for the depositions of Shawn Berbereia and David Parrish volume 2; Receipt of additional documents for Barry Kriebel's expert file and download to our document management system and OneDrive; Telephone call to the Kern County Superior Court clerk regarding potential remote testimony of Philip Boghosian as he has Covid; Receipt of email from opposing counsel regarding changing start time of the deposition of Rob Carnahan; Preparation of email to Rob Carnahan asking about changing the start time for his deposition; Preparation of email to opposing counsel that change in start time for Rob Carnahan's deposition will be fine; Receipt of email from Philip Boghosian with his signed stand-by letter; Update to trial subpoena chart with additional stand-by letter received; Preparation of additional documents to send Page: 2 Baker Manock & Jensen, PC 01/22/2024 10:36am 12 Statement of Account 019045 John Vidovich 04/01/2023 - 000046 Sandridge Partners v. A&P Structures, et al. Time & Rate: Bill Value Fees Date ID Description Time Hrly Rate Orig Amount Bill Amount to experts Dr. Hunt and Mr. Carnahan; Preparation of email to Jeff Hunt with OneDrive link to three depositions for his review; Preparation of email to Rob Carnahan with OneDrive link to three depositions for his review; Review all depositions received to make certain those in XMEF format have been added to TextMap; Update Hunt records log with additional documents provided for his review; Update Carnahan records log with additional documents provided for his review; Receipt of email from Veritext with the invoice related to the deposition of Craig Andrew; Receipt of email from Philip Boghosian assistant that he has Covid-19 and will still be able to make the remote deposition but not in-person testimony for trial; Preparation of email to Mr. Boghosian to please sign and return our stand-by letter and we will check on availability of remote testimony for trial; Review status of service of trial subpoena upon Alex Sytsma. 4/11/2023 DBP Telephone call with Sun-Maid general counsel Zach Chapman regarding 7.60 $495 $3,762.00 $3,762.00 subpoena for trial witnesses; continued trial preparation including review and analysis of document productions for additional trial exhibits; Telephone call with Mr. Andrew to ; emails with Mr. Dan Drake regarding his deposition; preparation of direct examination of Mr. Andrew for his expert deposition; review and analysis of depositions of Mr. Peacock and Mr. Osteen for same; emails with opposing counsel regarding health of Mr. Parrish; Emails with Judge Barmann's clerk regarding whether counsel and parties are prepared to proceed to trial. 4/11/2023 PWJ Preparation of opposition to motion in limine #3. 2.50 $275 $687.50 $687.50 4/11/2023 KAE Preparation of the deposition transcript of Steven Jackson to OneDrive; 4.80 $200 $960.00 $960.00 Preparation of email to Steven Jackson enclosing his deposition for his review prior to trial; Preparation of the deposition transcript of Ceil Howe III to OneDrive; Preparation of email to Ceil Howe III enclosing his deposition for his review prior to trial; Preparation of the deposition transcript of Craig Andrew to OneDrive; Preparation of email to Craig Andrew enclosing ; Preparation of email to Ted Page enclosing his deposition for his review prior to trial; Preparation of the deposition transcript of Ted Page to OneDrive; Preparation of the deposition transcript of Larry Ritchie to OneDrive; Preparation of email to Bob Down on behalf of Larry Ritchie enclosing Mr. Ritchie's deposition for his review prior to trial; Preparation of the deposition transcript of John Vidovich to OneDrive; Preparation of email to John Vidovich enclosing his deposition for his review prior to trial; Receipt of email from Dan Drake with enclosed signed stand-by letter; Receipt of email from Philip Boghosian requesting a link to his remote deposition coming up soon; Receipt of emails from Veritext with R & S and Errata sheets for the depositions of David Heinz and Dan Drake; Receipt of voice mail message from assistant to Philip Boghosian requesting a link to his remote deposition coming up soon; Receipt of email from Devin Stout with enclosed signed stand-by letter and asking about potential dates for trial testimony; Preparation of reply email to Devin Stout with best estimate for potential testimony dates at current; Preparation of email to Philip Boghosian and his assistant that we have yet to receive a link for his deposition but we will follow up with opposing counsel and provide one upon receipt; Preparation of email to opposing counsel asking for links to the depositions of Jeff Hunt, Rob Carnahan, and Craig Andrew set for the next day; Receipt of reply email from opposing counsel with links to depositions; Preparation of email to Jeff Hunt with link to his remote deposition; Preparation of email to Rob Carnahan with link to his remote deposition; Preparation of email to Craig Andrew with link to his remote deposition. 4/12/2023 DBP Prepare for and attend depositions of Sandridge experts Dr. Jeff Hunt and Mr. 7.40 $495 $3,663.00 $3,663.00 Rob Carnahan; receipt and review of draft stipulation to continue trial date; revisions to same; execute and return same to opposing counsel. 4/12/2023 KAE Preparation of email to opposing counsel regarding issue with link to Jeff 2.60 $200 $520.00 $520.00 Hunt's deposition; Receipt of email from Jeff Hunt that the link to his remote deposition is not working; Receipt of email from opposing that issue with link to the remote depositions of Jeff Hunt is resolved; Receipt of email from Devin Stout asking the change his deposition date; Receipt of additional email from Devin Stout asking "remote" deposition versus "in-person."; Preparation of reply email to Devin Stout that his deposition will be conducted by Zoom or Page: 3 Baker Manock & Jensen, PC 01/22/2024 10:36am 13 Statement of Account 019045 John Vidovich 04/01/2023 - 000046 Sandridge Partners v. A&P Structures, et al. Time & Rate: Bill Value Fees Date ID Description Time Hrly Rate Orig Amount Bill Amount similar; Preparation of email to opposing counsel asking if they have already reached out to Philip Boghosian regarding changing his deposition date; Receipt of reply email from opposing counsel that they are working with Mr. Boghosian's assistant to obtain a new deposition date; Preparation of email to opposing counsel asking if they have would be willing to change the date of the Devin Stout deposition; Receipt of reply email from opposing counsel that they will re-schedule the deposition of Devin Stout and to provide new dates of availability; Preparation of email to Mr. Boghosian's assistant confirming deposition date change; Receipt of email from Boghosian's assistant that they are working with opposing counsel to agree on a new deposition date; Preparation of email to Barry Kriebel enclosing link to access his remote deposition. 4/13/2023 DBP Prepare for and attend deposition of Barry Kriebel; meeting with Mr. Kriebel to 6.50 $495 $3,217.50 $3,217.50 prepare for his deposition; revisions to his expert report and email same to opposing counsel prior to deposition; Prepare for and attend hearing on defendant's motion to continue trial date based upon illness of Mr. Parrish. 4/13/2023 KAE Receipt of email from Ted Page asking for directions to court as well as date 4.40 $200 $880.00 $880.00 and time for his trial testimony; Preparation of email to Craig Andrew advising ; Preparation of email to Ted Page advising of new trial date and request to confirm availability for same; Telephone call from Ted Page that he will be out of the country during the new trial date; Preparation of email to Jeff Hunt advising of new trial date and request to confirming availability for same; Preparation of email to Dan Drake advising of new trial date and request to confirm availability for same; Preparation of email to David Heinz advising of new trial date and request to confirm availability for same; Preparation of email to Rob Carnahan advising of new trial date and request to confirm availability for same; Receipt of email from Rob Carnahan confirming his availability for new trial date; Receipt of email from Dan Drake confirming his availability for new trial date; Receipt of email from David Heinz confirming his availability for new trial date; Preparation of email to Rick Stark advising of new trial date and request to confirm availability for same; Receipt of additional email from David Heinz enclosing document related to failed vineyard area for review by Mr. Paloutzian; Receipt of email from Matthew Fidelibus asking about trial date; Preparation of reply email to Matthew Fidelibus advising of new trial date and request to confirm availability for same; Receipt of additional email from Matthew Fidelibus confirming availability for new trial date; Preparation of email to opposing counsel checking on status of the deposition of Paul Zimmer, Craig Andrew, Devin Stout, and Philip Boghosian; Receipt of reply email from opposing counsel that the deposition of Paul Zimmer will be rescheduled and other moved as well; Preparation of email to Devin Stout checking his availability for deposition on April 20, 2023; Receipt of reply email from Devin Stout confirming availability for April 20, 2023 deposition; Preparation of additional email to Devin Stout advising of new trial date and request to confirm availability for same; Receipt of email from Devin Stout confirming his availability for new trial date. 4/13/2023 ART Emails to/from opposing counsel regarding updated expert deposition 0.20 $200 $40.00 $40.00 schedule. 4/14/2023 DBP Emails with Sun-Maid general counsel regarding trial continuance; emails with 1.00 $495 $495.00 $495.00 counsel for Mr. Ritchie regarding same; emails with Mr. Drake, Mr. Heinz and Mr. Stout regarding same; telephone conference with Mr. Stark regarding his expert witness fees and billing statement; emails with opposing counsel regarding defendant's payment of plaintiff's expert witness deposition fees. 4/14/2023 KAE Receipt of email from Ted Page that he is not available for the September trial 1.00 $200 $200.00 $200.00 date; Preparation of reply email to Ted Page that I will inform Mr. Paloutzian of his availability and follow up; Preparation of email to Bob Dowd on behalf of Larry Ritchie advising of new trial date and request to confirm availability for same; Receipt of email from Philip Boghosian confirming his availability for new trial date; Receipt of reply email from Bob Dowd he will let Mr. Ritchie now of new trial date and will advise of any conflicts; Preparation of draft correspondence to Mr. Vidovich . 4/17/2023 KAE Receipt of auto email indicating last email to Jeff Hunt was undeliverable; 0.60 $200 $120.00 $120.00 Preparation of additional email to Jeff Hunt advising of new trial date and request to confirm availability for same; Preparation of email to opposing Page: 4 Baker Manock & Jensen, PC 01/22/2024 10:36am 14 Statement of Account 019045 John Vidovich 04/01/2023 - 000046 Sandridge Partners v. A&P Structures, et al. Time & Rate: Bill Value Fees Date ID Description Time Hrly Rate Orig Amount Bill Amount counsel checking on status of depositions this week; Receipt of email from Jeff Hunt confirming his availability for new trial date; Receipt of email from opposing counsel with deposition notices of Craig Andrew and Devin Stout; Receipt of email from opposing counsel with links to the remote deposition Craig Andrew and Devin Stout. 4/18/2023 KAE Preparation of email to Devin Stout with link to his remote deposition 0.40 $200 $80.00 $80.00 scheduled April 20, 2023 at 9:00 a.m; Preparation of email to Craig Andrew . 4/19/2023 DBP Text messages with Mr. Andrew regarding ; emails 0.40 $495 $198.00 $198.00 with opposing counsel regarding same. 4/19/2023 KAE Preparation of additional email to Devin Stout with link to his remote deposition 0.80 $200 $160.00 $160.00 scheduled April 20, 2023 at 9:00 a.m; Receipt of reply email from Mr. Stout that he has the link to his deposition; Receipt of additional email from Mr. Stout confirming Mr. Paloutzian's attendance at his deposition; Preparation of reply email to Mr. Stout that Mr. Paloutzian will attend hid deposition. 4/20/2023 DBP Prepare for and attend deposition of non-retained expert witness Devin Stout. 4.00 $495 $1,980.00 $1,980.00 4/20/2023 KAE Receipt of email from opposing counsel with the link to the remote deposition 0.20 $200 $40.00 $40.00 of Craig Andrew. 4/25/2023 KAE Receipt of email from court reporter with executed Errata from William 0.20 $200 $40.00 $40.00 Peacock. 4/26/2023 KAE Receipt of email from Johnny at Loeb & Loeb that thumb drive with the main 0.40 $200 $80.00 $80.00 production from Annette will be arriving today; Receipt of email from court reporter with Errata sheet from expert William Peacock. Total Fees: 04/2023 99.10 $38,897.50 $38,897.50 5/1/2023 DBP Meeting with David Heinz regarding revisions to his deposition testimony; 1.00 $495 $495.00 $495.00 review of trial exhibits with Mr. Heinz for same. 5/2/2023 DBP Emails with opposing counsel regarding expert depositions and deposition 0.40 $495 $198.00 $198.00 fees; text messages with Mr. Andrew regarding . 5/8/2023 KAE Preparation of draft correspondence to Mr. Vidovich enclosing 0.20 $200 $40.00 $40.00 . 5/9/2023 KAE Receipt of several outstanding invoices from court reporters related to various 0.60 $200 $120.00 $120.00 depositions; Review of our document management system