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Timothy P. Murphy, State Bar No. 120920 G.C. §6103
1 Vilma A. Lopez, State Bar No. 335453
EDRINGTON, SCHIRMER & MURPHY
2 2300 Contra Costa Boulevard, Suite 450
Pleasant Hill, CA 94523-3936
3 Telephone: (925) 827-3300
Facsimile: (925) 827-3320
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Attorneys for Defendant
5 NAPA COUNTY OFFICE OF EDUCATION
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
7 COUNTY OF NAPA
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Case No.: 19CV000733
10 CHARLES BERRY
DECLARATION OF TIMOTHY P.
11 Plaintiffs MURPHY IN SUPPORT OF NAPA
EDRINGTON, SCHIRMER & MURPHY LLP
COUNTY OFFICE OF EDUCATION’S
12 v. MOTION FOR ATTORNEYS’ FEES
2300 Contra Costa Blvd., Suite 450
Pleasant Hill CA 94523-3936
13 POPE VALLY UNION ELEMENTARY
SCHOOL; NAPA COUNTY OFFICE OF Date: May 22, 2024
14 EDUCATION; and DOES 1 through 10, Time: 8:30 a.m.
inclusive Dept.: A
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Defendants. Complaint Filed: May 15, 2019
16 Remittitur Filed: January 29, 2024
TAC Filed: February 14, 2024
17 Trial Date: None
18 I, Timothy P. Murphy, declare:
19 1. I am a partner with Edrington, Schirmer and Murphy LLP., counsel of record for
20 the NAPA COUNTY OFFICE OF EDUCATION (“NCOE”) in the above-captioned litigation. I
21 am duly licensed to practice law before all courts in the State of California. I have personal
22 knowledge of the facts contained in this declaration and if called to testify, I will competently be
23 able to.
24 2. A then-associate attorney at ESM, Jordan C. Meyer prepared a Special Motion to
25 Strike Plaintiff’s Third Amended Complaint. At the time the Motion was prepared, I was
26 overseeing and supervising Mr. Meyer’s work for the firm. Mr. Meyer is no longer an associate
27 with ESM. Thus, I am able to testify, based on a review of contemporaneously prepared billing
28 records, to the attorney’s fees incurred by the firm’s client, Napa County Office of Education
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Declaration of Timothy P. Murphy ISO Napa County Office of Education’s Motion for Attorneys’ Fees
1 (NCOE) in preparing the Special Motion to Strike Plaintiff’s Third Amended Complaint.
2 3. As a result of preparing this Special Motion, our firm’s contemporaneous billing
3 records reflect that NCOE incurred attorney’s fees consisting of the following:
4 a. A total of 41.60 hours in connection with the Anti-SLAPP motion costing
5 NCOE $7,696.00 in attorneys’ fees. A break down of this cost is as
6 follows:
7 i. 29.7 hours spent in research and preparation of the motion costing
8 NCOE $5,494.50.
9 ii. 9.4 hours in review of plaintiff’s opposition to the motion and
10 preparing a reply brief, costing NCOE $1,739.00.
11 iii. 2.5 hours in connection with and preparation for, and appearance
EDRINGTON, SCHIRMER & MURPHY LLP
12 at, the hearing of the motion ($462.50).
2300 Contra Costa Blvd., Suite 450
Pleasant Hill CA 94523-3936
13 b. From the above-listed total amount, billing records reflect that my firm
14 spent approximately 8.0 hours on efforts exclusively regarding Plaintiff’s
15 Third, Fourth, and/or Seventh Causes of Action costing NCOE $1,480.00
16 in attorney’s fees.
17 c. From the above-listed total amount, my firm spent approximately 29.4
18 hours on efforts that overlapped Plaintiff’s Third, Fourth, and/or Seventh
19 Cause of Action with the Fifth and/or Sixth Cause of Action costing
20 Defendant $5,439.00 in attorney’s fees.
21 4. From the above-listed total amount, my firm spent approximately 4.2 hours
22 efforts exclusively pertaining to Plaintiff’s Fifth and/or Sixth Cause of Action costing NCOE
23 $740.00 in attorney’s fees.
24 5. In total, my firm spent 37.4 hours in relation to Plaintiff’s Third, Fourth, and
25 Seventh Causes of Action, including overlap with the Fifth and Sixth Cause of Action, costing
26 NCOE $6,919.00 in attorney’s fees.
27 6. The trial court’s previous Order granting the Anti-SLAPP motion did not include
28 awards of fees or costs related to review of plaintiff’s opposition papers, preparation of NCOE’s
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Declaration of Timothy P. Murphy ISO Napa County Office of Education’s Motion for Attorneys’ Fees
1 reply brief, or oral arguments on the motion, because the associated figures as included in the
2 motion were estimates of expenses still to be incurred. As the motion was decided in May of
3 2022, the amounts expended for said activities are now known and, as prevailing party on the
4 motion, NCOE is entitled to recover the associated fees and costs.
5 I declare the following is true under the penalty of perjury under the laws of the State of
6 California. Executed this 10th day of April 2024, in Pleasant Hill, California.
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By _____________________________________
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Timothy P. Murphy, Esq.
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EDRINGTON, SCHIRMER & MURPHY LLP
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2300 Contra Costa Blvd., Suite 450
Pleasant Hill CA 94523-3936
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Declaration of Timothy P. Murphy ISO Napa County Office of Education’s Motion for Attorneys’ Fees
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Timothy P. Murphy, State Bar No. 120920 G.C. §6103 1 Vilma A. Lopez, State Bar No. 335453 EDRINGTON, SCHIRMER & MURPHY 2 2300 Contra Costa Boulevard, Suite 450 Pleasant Hill, CA 94523-3936 3 Telephone: (925) 827-3300 Facsimile: (925) 827-3320 4 Attorneys for Defendant 5 NAPA COUNTY OFFICE OF EDUCATION 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF NAPA 8 9 Case No.: 19CV000733 10 CHARLES BERRY DECLARATION OF TIMOTHY P. 11 Plaintiffs MURPHY IN SUPPORT OF NAPA EDRINGTON, SCHIRMER & MURPHY LLP COUNTY OFFICE OF EDUCATION’S 12 v. MOTION FOR ATTORNEYS’ FEES 2300 Contra Costa Blvd., Suite 450 Pleasant Hill CA 94523-3936 13 POPE VALLY UNION ELEMENTARY SCHOOL; NAPA COUNTY OFFICE OF Date: May 22, 2024 14 EDUCATION; and DOES 1 through 10, Time: 8:30 a.m. inclusive Dept.: A 15 Defendants. Complaint Filed: May 15, 2019 16 Remittitur Filed: January 29, 2024 TAC Filed: February 14, 2024 17 Trial Date: None 18 I, Timothy P. Murphy, declare: 19 1. I am a partner with Edrington, Schirmer and Murphy LLP., counsel of record for 20 the NAPA COUNTY OFFICE OF EDUCATION (“NCOE”) in the above-captioned litigation. I 21 am duly licensed to practice law before all courts in the State of California. I have personal 22 knowledge of the facts contained in this declaration and if called to testify, I will competently be 23 able to. 24 2. A then-associate attorney at ESM, Jordan C. Meyer prepared a Special Motion to 25 Strike Plaintiff’s Third Amended Complaint. At the time the Motion was prepared, I was 26 overseeing and supervising Mr. Meyer’s work for the firm. Mr. Meyer is no longer an associate 27 with ESM. Thus, I am able to testify, based on a review of contemporaneously prepared billing 28 records, to the attorney’s fees incurred by the firm’s client, Napa County Office of Education 1 Declaration of Timothy P. Murphy ISO Napa County Office of Education’s Motion for Attorneys’ Fees 1 (NCOE) in preparing the Special Motion to Strike Plaintiff’s Third Amended Complaint. 2 3. As a result of preparing this Special Motion, our firm’s contemporaneous billing 3 records reflect that NCOE incurred attorney’s fees consisting of the following: 4 a. A total of 41.60 hours in connection with the Anti-SLAPP motion costing 5 NCOE $7,696.00 in attorneys’ fees. A break down of this cost is as 6 follows: 7 i. 29.7 hours spent in research and preparation of the motion costing 8 NCOE $5,494.50. 9 ii. 9.4 hours in review of plaintiff’s opposition to the motion and 10 preparing a reply brief, costing NCOE $1,739.00. 11 iii. 2.5 hours in connection with and preparation for, and appearance EDRINGTON, SCHIRMER & MURPHY LLP 12 at, the hearing of the motion ($462.50). 2300 Contra Costa Blvd., Suite 450 Pleasant Hill CA 94523-3936 13 b. From the above-listed total amount, billing records reflect that my firm 14 spent approximately 8.0 hours on efforts exclusively regarding Plaintiff’s 15 Third, Fourth, and/or Seventh Causes of Action costing NCOE $1,480.00 16 in attorney’s fees. 17 c. From the above-listed total amount, my firm spent approximately 29.4 18 hours on efforts that overlapped Plaintiff’s Third, Fourth, and/or Seventh 19 Cause of Action with the Fifth and/or Sixth Cause of Action costing 20 Defendant $5,439.00 in attorney’s fees. 21 4. From the above-listed total amount, my firm spent approximately 4.2 hours 22 efforts exclusively pertaining to Plaintiff’s Fifth and/or Sixth Cause of Action costing NCOE 23 $740.00 in attorney’s fees. 24 5. In total, my firm spent 37.4 hours in relation to Plaintiff’s Third, Fourth, and 25 Seventh Causes of Action, including overlap with the Fifth and Sixth Cause of Action, costing 26 NCOE $6,919.00 in attorney’s fees. 27 6. The trial court’s previous Order granting the Anti-SLAPP motion did not include 28 awards of fees or costs related to review of plaintiff’s opposition papers, preparation of NCOE’s 2 Declaration of Timothy P. Murphy ISO Napa County Office of Education’s Motion for Attorneys’ Fees 1 reply brief, or oral arguments on the motion, because the associated figures as included in the 2 motion were estimates of expenses still to be incurred. As the motion was decided in May of 3 2022, the amounts expended for said activities are now known and, as prevailing party on the 4 motion, NCOE is entitled to recover the associated fees and costs. 5 I declare the following is true under the penalty of perjury under the laws of the State of 6 California. Executed this 10th day of April 2024, in Pleasant Hill, California. 7 8 By _____________________________________ 9 Timothy P. Murphy, Esq. 10 11 EDRINGTON, SCHIRMER & MURPHY LLP 12 2300 Contra Costa Blvd., Suite 450 Pleasant Hill CA 94523-3936 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Declaration of Timothy P. Murphy ISO Napa County Office of Education’s Motion for Attorneys’ Fees