Preview
ROBERT R. POWELL, ESQ. CSB #159747
POWELL & ASSOCIATES
925 West Hedding Street
San Jose, California 95126
T: (408) 553-0201
F: (408) 553-0203
E: rpowell@rrpassociates.com
In Pro Per
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
ROBERT R. POWELL, Case No: 16CV294580
10
i
Plaintiff, DECLARATION OF ROBERT R.
vs. POWELL IN SUPPORT OF
12 APPLICATION FOR
JOHN ADAMS IV, ATTORNEY’S FEES PURSUANT
13 TO CCP §585(d)
Defendant.
14
15
I, ROBERT R. POWELL, declare that the following is true and correct, and if called as
16
a witness, I could competently testify to the matters hereinafter set forth which are within my
17
personal knowledge:
18
1 I am an attorney licensed to practice before all of the courts of the State of California, all of
19
the District Courts of the 9" Circuit Court of Appeals in the State of California, and a
20
member in good standing to the bar of the U.S. Supreme Court.
21
I am the sole proprietor of Powell & Associates, a law firm based in San Jose, California.
22
On, or about, May 11, 2015, Defendant entered into a Retainer Agreement with Powell &
23
Associates for legal representation as to a juvenile dependency matter in Sacramento
24
County. [Exhibit A]
25
The terms of the Agreement were limited to representation through Disposition, and
26
outlined that at the conclusion of Attorney’s services all unpaid charges would become
27
immediately due and payable, and any efforts for collection of any unpaid charges shall be
28
1
Declaration of Robert R. Powell in Support of Application for Default Judgment
Powell v. Adams
Santa Clara Case # 16CV294580
reimbursable to Attorney, including reasonable attorney fees.
I represented Defendant through all matters in said Retainer Agreement and complied with
all terms of the Agreement.
Defendant was provided with an updated final invoice on January 25, 2016. [Exhibit B]
Defendant failed to make any payment.
On, or about, May 2, 2016, a Summons, Civil Complaint, and Civil Case Cover Sheet, were
filed in this Court. [Exhibit C] Defendant was served by substituted service on March 20,
2016. [Exhibit D]
My hourly billing rate is $400. Associate Counsel is billed at a rate of $300, and Paralegals
10
are billed at a rate of $125. An invoice for hours and costs related to this Collection case is
11
attached hereto as Exhibit E.
12
Defendant has failed to make any payment towards his balance, as was required by the May
13
11, 2015, Retainer Agreement, and to this day the principal amount owed remains
14
$27,898.54.
15
Wherefore I am respectfully requesting that the court award to Plaintiff judgment in the
16
principal sum of $27,898.54, interest in the sum of $12,107.20, and court costs and attorney
17
fees in the sum of $1,884.22 for a total judgment of $41,889.96.
18
19
I declare under penalty of perjury under the laws of the State of California that the
20
foregoing is true and correct.
21 POWELL & ASSOCIATES
22 Date: 05/27/2020
ROBERT R. POWELL, ESQ.
23 In Pro Per
24
25
26
27
28
2
Declaration of Robert R. Powell in Support of Application for Default Judgment
Powell v. Adams
Santa Clara Case # 16CV294580
RETAINER AGREEMENT
LEGAL SERVICES TO BE PROVIDED:
(Attorney /
John Adams IV, (“you” and/or “Clients”) and the Law Office of Robert R. Powell
), agree that I
Me /1) and the Law Offices of Joseph Weinberger (included in “Attorney/Me/I
will be your Attorney; and provide the following legal services:
children in
1.) Representation as to any juvenile dependency matter involving your minor
any such matter.
Sacramento County, and any investigation meetings that may preceed
ion of the
HOWEVER. this agreement is ONLY for representation through complet
Jurisdiction and Disposition phase of the juvenile proceeding, if necessar y. and no further
of Attorney
services are contemplated by this agreement, and Client will sign a Substitution
from represen tation. Any
after the Disposition phase is completed, releaseing Attorney
further or subsequent representation would have to be the subject of a separate signed
greement or addendum.
to
This agreement does not, in any manner or form, represent agreement by Attorney
matters would
representation on any appeal, writ, or related administrative proceeding. Such
nt
also be required to be the subject of a subsequent agreement or addendum to this agreeme
before any duty or obligation of representation of Client is undertaken by Attorney.
ATTORNEY FEES:
performed
Attorney will charge you a rate of $400 per hour for Robert R. Powell, for service
of $300 per hour
in the foregoing matter of representation. Attorney will charge you the rate
rate of $300 per
for service performed by Joseph Weinberger. Attorney will charge you a
ation.
hour for Dennis Ingols, for service performed in the foregoing matter of represent
performed in the
Attorney will charge you a rate of $250 per hour for Brett Terry, for service
Attorney,
foregoing matter of representation. Should any new/other attorney’s be utilized by
they will be billed to you at the rate of $200 per hour. Paralegal work is billed at $125 per
hour for both Attorney’s paralegals.
after 30 days
Attorney will bill you each month for the fees owed. Any amount left unpaid
The interest
from the date of each bill will incur interest at the rate of 10% per annum.
amounts will be added to your bill. Driving time portal-to-portal is charged.
. The signature by either attorney
You have placed a retainer in the amount of $ {Speen
will be
representative/owner below indicates the amount has been received. The retainer sums
at the time
placed in a trust account and the amounts reflected in billings will be withdrawn
entirely, the
billings are sent to you. If the retainer sums do not pay the invoice amount
to the
remaining amounts due are payable 10 days after the invoice is mailed. Any objection
attention within 15 days of
ount of any bill or portion thereof shall be brought to attorneys
waived. If we
receipt of the billing containing the objectionable matter, or are hereby deemed
of attorney, you understa nd that
cannot resolve disagreements timely brought to the attention
ion’s Fee
you have the opportunity to submit a claim to the Santa Clara County Bar Associat
Arbitration Panel to resolve the disagreement. If you submit your claim for review and
1
Initials: az fl
resolution to the arbitrator, the decision of the arbitrator will be final and binding on the
parties.
Attorney may request a further retainer in the sum of $3,000.00 at any point in time where
your trust account amount is below $2,000.00. Within 15 days thereafter, you must
immediately provide the further retainer amount, in addition to payment of any outstanding
amounts due and owing. Should the matter be set for a long cause trial at any time, Attorney
may request an additional $5,000.00 retainer for each estimated day of trial. Within 15 days
thereafter, you must immediately provide the further retainer amount. Unused retainer
amounts are returned to the client at the conclusion of representation.
You understand that at the conclusion of the attorneys’ services all unpaid charges will
become immediately due and payable. You also understand that should collection services or
effort be necessary for collection of any unpaid charges, I shall be entitled to reimbursement
for all costs of collection, including reasonable attorney fees.
You also agree to grant me a lien on any and all claims or causes of action covered by this
agreement. The lien will be applied to any recovery that is obtained for you including an
arbitration award, judgment, settlement or otherwise, and will be for any sums due and owing
to me at the conclusion of my services.
You understand that attorney has sole discretion in selecting any attorney in attorney’s office
to represent you at any stage in these proceedings. Every reasonable effort will be made to
accommodate your wishes as to the selection of a particular counsel, however, the decision of
who shall represent you at a particular hearing or trial, shall remain within the sole discretion
of attorney.
CASE COSTS AND OTHER EXPENSES:
You agree that you are responsible for paying all costs related to your case. You understand
that these costs may include: filing fees for court papers, serving or delivering court papers to
the opposing party in your case, copying charges at 15 cents per page, international telephone
charges, postage, messenger, fax pages received (.15/page), other delivery fees, investigation
expenses, expert witness fees, consultant fees, travel expenses at the prevailing federal
allowable rate (billed at the standard mileage rate used to calculate the deductible costs of
operating an automobile for business purposes, as published by the LR.S., in effect at the time
of the travel), court reporter fees, per diem fees, and all other related costs and expenses.
You agree that you will pay these costs and expenses in advance, upon request, and that you
will pay them even if you do not win your case or achieve a satisfactory resolution of your
matter. If attorney advances any costs or expense on your behalf in this case, you agree to
reimburse attorney, and you agree that attorney may, in his sole discretion, elect to take
payment/reimbursement for those costs out of any funds in the trust account, or otherwise in
attorney's possession and control.
It is the policy of Attorney that clients shall pay for any experts hired by attorney or client
directly to perform services in the client’s matter, inclusive of any record review, report
writing, deposition or hearing/trial testimony. This is NOT a cost that will be advanced or
paid by Attorney. Client is aware this cost must be incurred promptly after the first detention
2
Initials Goeefu
hearing, and agrees to pay the amounts specified to Client for retention of any experts within
48 hours of being advised of the amount needed to retain any experts.
CLIENT RESPONSIBILITIES:
You agree to help me work on your case by telling me if there is a change in your address or
telephone number and by coming on time to any appointments that we make. You also agree
to cooperate with me in the preparation and presentation of your case by always telling me the
truth and by following my advice. You also understand that I may need to discuss your case
with other attorneys and professionals from time to time, and you agree this is not a breach of
the attorney client privilege. Anything you tell me, and any discussion I may have with other
such attorneys or professionals about your case will be held in strict confidence.
This agreement is the entire agreement between Client and Attorney, and can be changed only
in a writing signed by each. You also agree that nothing in this agreement and nothing in my
statements to you will be taken as a promise or guarantee about the outcome of your case.
Any comments I make about the outcome of your case are only my opinions and are not
promises or guarantees about the outcome of the case, or any proceeding, held during the
course of your matter.
RETRIEVAL OF CASE FILE UPON COMPLETION OF CASE OR DISCHARGE OR
WTHDRAWAL OF ATTORNEY:
Upon the completion of case, discharge or withdrawal of Attorneys, Client shall be
responsible for picking up the entire case file from Attorneys and signing of a file release
within 30 days. Attorneys shall make reasonable efforts to contact Client regarding same.
Should Client fail to make arrangements to pick up the case file within 30 days of the certified
mailing of a letter asking that Client do so, Attorneys are hereby authorized, but not required,
to destroy the entire case file.
TERMINATION OF AGREEMENT:
You may terminate this agreement with me at any time by writing to me. I may terminate this
agreement with you, also in writing, either with your consent or for good cause. Good cause
includes, but is not limited to, any of the following; your failure to comply with this
agreement, any failure to timely reply with the replenishment of the retainer amount and
payment of the outstanding balance due, as set forth hereinabove, your refusal to cooperate
with me or to follow my advice on a material matter, or any other fact or circumstance that
would result in my representation being unlawful, unethical, or impractical.
All the foregoing terms are understood and agreed to, and each party by their signature,
acknowledges they have had the opportunity to discuss and consult any person of their
choosing before entering this agreement, including counsel. Further in entering into this
agreement by their signature, all parties do so freely, voluntarily, and of their own free will.
WAIVER OF ATTORNEY-CLIENT PRIVILEGE AS TO SPECIFIC INDIVIDUALS
Client is entitled to absolute privacy with regards to their conversations the attorneys, and this
is known as the “attorney-client” privilege. It means that conversations between an attorney
and his/her client, cannot be compelled by anyone, even the court, to be disclosed, and
Attorney must hold those conversations in confidence. However, from time to time, in order
to best serve the clients needs and for various reasons personal to the Client or the case, the
Client wishes or prefers that Attorney be allowed to speak to someone such as a relative or
close friend, in addition to the Client, and this is frequently the case when someone else has
put up the money for the Client to obtain representation. Nothing in the waiver requires
Attorney to speak with such persons, and Attorney retains full discretion as to what, if
anything, will be disclosed to such persons. The persons Client waives the privilege with
regard to are as follows:
Date: May 11, 2015 Date: May 11, 2015
We Jos Weinberger — Attorney
hae
Gj May 11, 2015
RobertR. Powell - Attorney
WEINBERGER LAW FIRM
1839 Iron Point Road, Suite 180
Folsom, CA 95630
(916) 357-6767
CLIENT
John Adams
8146 Great House Way
Antelope, CA 95843
Date Service Hours Rate Amount
5/5/2015 T/C with client re: Potential Case 0.6 $ 350.00 n/c
5/8/2015 Email from client re case info; review documents from client 0.4 $ 350.00 $ 140.00
5/9/2015 Email from client re: article 0.2 350.00 $ 70.00
5/9/2015 email from client re: timeline; review of timeline 0.3 350.00 $105.00
5/10/2015 telephone conference with Robert Powell re: case 0.4 350.00 n/c
5/10/2015 multiple emails with co counsel re medical records 0.3 350.00 105.00
5/11/2015 extensive email to counsel re: photos and medical records 0.3 350.00 105.00
5/11/2015 Telephone call with Sandy Myers re: family law case 0.4 350.00 140.00
5/11/2015 email from Lisa Malerbi @ Keegan Myers 0.2 350.00 n/c
5/12/2015 review of detention report; preparation of summary of 1.2 350.00 420.00
claims and allegations; extended discussion with counsel
5/12/2015 Multiple emails from client re family law case; review 0.8 350.00 280.00
documents
5/12/2015 email from counsel 0.3 350.00 n/c
5/12/2015 email from Lisa Malervi 0.2 350.00 n/c
5/12/2015 email from counsel re: discovery 0.2 350.00 n/c
5/13/2015 email from client re: authorization 0.2 350.00 $ 70.00
5/13/2015 email from client re: changes and screenshots 0.2 350.00 $ 70.00
WEINBERGER LAW FIRM
1839 Iron Point Road, Suite 180
Folsom, CA 95630
(916) 357-6767
5/14/2015 email from client rel conversation with Jamie at CPS re: 0.3 350.00 $ 105.00
visitation
5/14/2015 email from counsel re: visitation 0.2 350.00 70.00
5/14/2015 email from Deputy County Counsel re: visitation; review 0.3 350.00 105.00
standing order; email from Childs attorney
5/14/2015 email from counsel re: detention report; review summary 0.4 350.00 140.00
5/14/2015 email from client re visitation and converstaion with FSW 0.2 350.00 $s 70.00
5/14/2015 email from client with insurance information 0.2 350.00 n/c
5/19/2015 Appear in court for hearing 350.00 n/c
5/20/2015 email from counsel re: safe video 0.3 350.00 $ 105.00
5/20/2015 email advising of change of counsel for County 0.2 350.00 n/c
5/21/2015 prepare summary of court orders 0.4 350.00 $ 140.00
5/21/2015 multiple emails from client re meeting with counselor 0.3 350.00 $ 105.00
5/22/2015 email from client re: injuries to child 0.2 350.00 70.00
5/22/2015 telephone conference with client re ongoing issues with 0.6 350.00 210.00
children
5/22/2015 email and telephone conference with Lisa Hlavy re: meeting 0.3 350.00 $ 105.00
with John and children
5/23/2015 email from client re: injuries to client (fwd from Mother) 0.2 350.00 $ 70.00
5/23/2015 email from client re: response 0.2 350.00 $ 70.00
5/23/2015 multiple emails to client and co-counsel 0.3 350.00 $ 105.00
5/23/2015 email from mother 0.2 350.00 70.00
5/24/2015 email from counsel 0.2 350.00 n/c
5/26/2015 email from Child's counsel re: photos 0.3 350.00 $ 105.00
WEINBERGER LAW FIRM
1839 Iron Point Road, Suite 180
Folsom, CA 95630
(916) 357-6767
5/26/2015 email from co-counsel in response 0.2 350.00 n/c
6/1/2015 email from County Counsel with SAFE transcript; review of 0.4 350.00 140.00
safe transript
6/1/2015 multiple emails to/from client re: CPS visits and supervision 0.4 350.00 n/c
6/3/2015 t/c from Lisa Hlavy re: meeting (multiple) 0.2 350.00 70.00
6/5/2015 Meeting with Clients 350.00 350.00
6/5/2015 telephone call and email to Yelena Miller re: meeting with 0.3 350.00 105.00
children and parents
6/5/2015 email from co-counsel re: working with Mother 0.3 350.00 n/c
6/9/2015 email from co-counsel re: dismissal 0.3 350.00 n/c
6/9/2015 multiple emails with client and counsel re: polygraph 0.3 350.00 105.00
6/16/2015 coordination of hearing with counsel 0.3 350.00 n/c
6/18/2015 Appearance in Court 350.00 $ 1,050.00
6/21/2015 review multiple emails re: child exchange 0.3 350.00 $ 105.00
6/22/2015 multiple calls with client re: post hearing status 04 350.00 140.00
6/25/2015 legal research re: cases cited by court 1.8 350.00 630.00
6/29/2015 telephone conference with County counsel re: dismissal 0.3 350.00 105.00
6/29/2015 prepare and serve Pre-trial statement of father 1.2 350.00 420.00
6/29/2015 entended conversation with co-counsel re: last hearing 0.4 350.00 140.00
6/29/2015 multiple calls with John Adams Sr. re: fees and payment 0.2 $ 350.00 70.00
WEINBERGER LAW FIRM
1839 Iron Point Road, Suite 180
Folsom, CA 95630
(916) 357-6767
6/29/2015 extensive discussion with counsel re: jurisdiction, causation 15 $ 350.00 $ 525.00
and need for dismissal. Review of case law and research re:
emotional distress in dependency setting
6/30/2015 complete research and prepare bench brief re: emotional 350.00 $ 700.00
distress; causation, and dismissal
7/2/2012 Pre-Trial hearing 350.00 $ 1,050.00
7/2/2015 research and prepare bench brief re: causation, need for 2.8 350.00 $ 980.00
expert testimony; directed verdict
7/7/2015 update bench brief with additional research 0.5 350.00 175.00
7/8/2015 email from counsty counsel with Addendum 0.8 350.00 280.00
7/8/2015 email from co-counsel re: addendum 0.3 350.00 n/c
7/9/2015 Appearance in Court 350.00 $ 1,050.00
7/9/2015 email from co-counsel re: court transcript 0.2 350.00 n/c
7/15/2015 multiple emails from client re: discussions with mother 0.3 350.00 $ 105.00
7/29/2015 review of Recusal motion, review of declaration; multiple 350.00 350.00
discussions with counsel; execute documents and file
8/5/2015 multiple emails from client re: upcoming hearing 0.2 350.00 70.00
8/6/2015 attend court; court to rule shortly on motion for recusal 2.5 350.00 700.00
8/15/2015 email from client re doctors appointments 0.2 350.00 70.00
8/16/2015 multiple emails re: assignment of doctor for the children 0.3 350.00 105.00
8/20/2015 multiple emails re: dental cards 0.2 350.00 $ 70.00
8/31/2015 multiple emails re: doctos 0.2 350.00 $ 70.00
10/13/2015 email from client re hearing date 0.2 350.00 n/c
WEINBERGER LAW FIRM
1839 Iron Point Road, Suite 180
Folsom, CA 95630
(916) 357-6767
10/15/2015 email from counsel re: additional court reports; review files 0.4$ 350.00 $ 140.00
10/15/2015 appearance in court for pre-trial hearing 3.$ 350.00 $ 1,050.00
11/17/2015 Appearance in Court; Case dismissed 3 $ 350.00 n/c
TOTALS 51.4 $ 14,070.00
Write off $ 3,920.00
per Contract
The Law Offices Of Robert R. Powell
925 West Hedding Street
San Jose, California 95126
(408)553-0200
Statement as of June 2, 2015
Statement No. 3845
John Adams
8146 Great House Way
Antelope, California 95843
1391-001: In re: AbigailA.
Professional Fees Hours Rate Amount
5/11/2015 RRP. [Note: The actual time spent on this case, excluding 9.00 400.00 3,600.00
lunch and two stops of about 30 mins each at Tesla
Supercharger in Vacaville was in excess of 10 hours]
Review all docs sent by client, print and create folder.
Travel and appear on Detention hearing - held over to
afternoon, then "heard" at 4:00 p.m
5/11/2015 BOT TCF RRP asking me to research whether a non-SW can 0.40 250.00 100.00
file a petition to commence JV proceedings. Reviewed
practice guide and found answer. Reviewed WIC 329, 331
and Cal. Rule of Court 5.520. Also located forms JV 210
and JV 215. Sent all in email to RRP.
5/12/2015 LAD Enter all counsel info onto prolaw // Create proof of service 0.15 125.00 18.75
template. -ES
5/12/2015 RRP. Prepare summary of notes from yesterday's hearing and 1.50 400.00 600.00
send to Joe for use in hearing today. Couple of phone
calls with Joe re: appearing in court this morning. Prepare
a 5.546 letter and send to all counsel by e-mail and fax.
Another discussion with Joe post hearing re: setting on
5/19 - calendared -he adivses that will be detention
hearing, and not juris???
5/14/2015 RRP Telephone call from client re: messed up visitation 0.20 400.00 80.00
yesterday - saw his e-mail to co-co too. Discussed
putting list together will get it
5/14/2015 UR EMF BOT requesting first names of children's teacher & 0.10 0.00 0.00
school address.//Did Google search, found school's
website. Obtained necessary info & sent to BOT
5/14/2015 UR L/up ctc info for "other" witnesses on list.//Emailed same 0.60 0.00 0.00
to BOT advising couldn't find a few
5/14/2015 BOT Tasked by RRP w/review of Detention Report and docs 2.40 250.00 600.00
from client and generating potential witness list.
Generated list w/descriptions of how each person is
involved in the case. Sent to UR to finish finding some
addresses.
5/14/2015 BOT Drafted & sent email to RRP and JW explaining potential 0.10 250.00 25.00
The Law Offices Of Robert R. Powell Page: 2
witness list (after conversation w/UR) and attached
potential witness Isit.
5/19/2015 RRP Prep, travel, appear on contested detention hearing. 7.00 400.00 2,800.00
(Actual time in excess of 7.5)
5/20/2015 RRP Review chronos provided yesterday morning and notes 3.10 400.00 1,240.00
made. Then review e-mails produced as well. Print
redacted pages have problem with. Compose letter to
opposing counsel re: same and want - sent fax and
e-mail. Talk to JW re: same, and iuncluded in chronos the
fact John says hit and disciplined by Ryan with foot and
hand
5/26/2015 RRP Reviewing of Warrant Application carefully, and comparing 2.50 400.00 1,000.00
with Title 20's - notes taken on for trial. E-mail from
minor's counsel complaining about photograph -
responded, and asked for discovery again
5/26/2015 RRP Review e-mail from E. Wright re: with chronos, but 0.30 400.00 120.00
refusing to provide screener narratives from other referrals,
and stalling on producing the tape of the SAFE interview
5/28/2015 UR EMT RRP asking if we need to file a motion to compel or 0.05 125.00 6.25
if they complied with providing screener notes, etc.
5/30/2015 LAD Scanned and replaced DSL pages with unredacted 0.20 125.00 25.00
versions. - CL
5/30/2015 DRI File research/legal research re: possible motion to compel 2.90 300.00 870.00
// discuss with RRP// meet and confer w/ opposing
counsel.
6/1/2015 RRP Meet and confer with DI re: preparing motoin to compel. 0.60 400.00 240.00
Review previously produced PDF's from Co-co and divide
into discrete documents by subject matter. Print medical
record with redaction, one page, scan and send to client
to see if can find out what that said. Go throuh meet and
confer e-mails and forward to DI for prepping motoin to
compel
6/1/2015 RRP. Review e-mails from East with attachments, reviewed. 0.40 400.00 160.00
Instruct Admin re: swap pages to unredacted. Meet and
confer with DI twice re: motion going forward, status of
prudction - agree down to a couple and he try an e-mail to
her to clarify and determine what exactly she holding back
and why. Review e-mail from client and respond, ask that
we speak in the evening, please send times
6/1/2015 RRP Review two e-mails from cleint and respond, call to s/w 0.10 400.00 40.00
Lisa and advise clients only meet with attorney present
6/2/2015 DRI Read emails from CoCo re discovery dispute, analyze 0.50 300.00 150.00
updated documents provided//discuss w/ RRP//decide not
to proceed with mtn to compel//
Sub-total Fees: 11,675.00
The Law Offices Of Robert R. Powell Page: 3
Rate Summary
Legal Admin 0.35 hours at $ 125.00/hr 43.75
Dennis R. Ingols 3.40 hours at $ 300.00/hr 1,020.00
Robert R. Powell 24.70 hours at $400.00/hr 9,880.00
Unique Rivera 0.70 hours at$ —0.00/hr 0.00
Unique Rivera 0.05 hours at $ 125.00/hr 6.25
Brett O'Neill Terry 2.90 hours at $ 250.00/hr 725.00
Total hours: 32.10
Expenses
Mileage 279.44
Photocopies 4.80
Sub-total Expenses: 284.24
Total Current Billing: 11,959.24
Previous Balance Due: 0.00
Total Now Due: 11,959.24
The Law Offices Of Robert R. Powell
925 West Hedding Street
San Jose, California 95126
(408)553-0200
Statement as of July 1, 2016
Statement No. 3861
John Adams
8146 Great House Way
Antelope, California 95843
1391-001: In re: AbigailA.
Professional Fees Hours Rate Amount
6/9/2015 RRP. Prepare e-mail to J. EAst and all counsel re: dismiss or 0.20 400.00 80.00
not dismiss. have to subpoena witnesses - ask for her trial
plans too. Submit list of witnesses
6/9/2015 RRP E-mail to client re: any thoughts on e-mail about 0.10 400.00 40.00
polygraph? Review e-mail from J. East re: they are willing
to dismiss now, but need to see if atty for children willing -
Resond will wait on subpoenas then, but need clarification
on if it comes to serving Brezinski, Hobbs and Crum
6/9/2015 BOT Reviewed back and forth email correspondence b/w RRP 0.10 250.00 25.00
and opposing counsel. (5 emails).
6/10/2015 RRP. E-mail exchange with client re: polygraph and having a 0.05 400.00 20.00
phone call between us
6/12/2015 LAD Received, scanned, and filed Minute Orders for 5/11, 5/12, 0.15 125.00 18.75
and 5/20, EMT BOT & RRP.
6/15/2015 RRP Review jurisdiction report and call Joe to discuss - he will 0.50 400.00 200.00
handle if going to settle. Report recommends dismissal.
6/16/2015 RRP Telephone call with Joe re: status of payment, issue of 0.60 400.00 240.00
atty for child not speaking to children yet - know
anything? Advises no, said | will e-mail her- e-mailed her,
she responded, said 6/18 not an actual "contest" and
must speak to children there (e-mail to client re: kids
must be in court) - telephone call with Joanne East re:
status of hearing on 6/18 and she also says no contest.
Says believes Stevens will dismiss too. Advise Joe of
same and confirm he will appear
6/17/2015 LAD Print all DSLs on server, create DSL file. - CL 0.25 125.00 31.25
6/18/2015 UR Emails w/JW & RRP re rescheduled dismissal hearing set 0.15 125.00 18.75
for 6/25; JW can't handle & RRP in trial so BOT or DRI will
have to appear.//Informed BOT of same
6/29/2015 RRP Telephone calls with Joe about tasks coming up - then 0.90 400.00 360.00
from office re: the pre-trial statement date is
TOMORROW! Call back to Joe re: no way! He says he'll
do it, but asks me to review cases judge cited which he
will send by e-mail. Review cases sent by Joe and review
The Law Offices Of Robert R. Powell Page: 2
all on Westlaw, memo to Joe re: same - none of these
case are really relevant Discuss on phone the case review
and trial strategy re: keep all 40 witnesses on the list.
Also discuss my suggest we absolutley call kids, to put
Stevens on the hot seat for having pushed forward at all.
Agree in end keep all 40 on list, advise court we need to
see what Ms. sTevens puts on before decidig who we will
call
6/29/2015 UR Rvw EMF JW re upcoming deadlines/dates in case; 0.10 125.00 12.50
tasked/calendared same
6/29/2015 BOT Email from JW re: 355 objections and pretrial statement 0.20 250.00 50.00
due tomorrow. Emails w/DRI and UR and reviewed pretrial
statement template on court website and determined RRP
or JW needs to handle. TCT RRP to discuss. Per RRP,
drafted and sent RRP pretrial statement template.
Sub-total Fees: 1,096.25
Rate Summary
Legal Admin 0.40 hours at $ 125.00/hr 50.00
Robert R. Powell 2.35 hours at $400.00/hr 940.00
Unique Rivera 0.25 hours at $ 125.00/hr 31.25
Brett O'Neill Terry 0.30 hours at $250.00/hr 75.00
Total hours: 3.30
Expenses
Photocopies 2.70
Postage 2.60
Sub-total Expenses: 5.30
Total Current Billing: 1,101.55
Previous Balance Due: 11,959.24
Total Now Due: 13,060.79
The Law Offices Of Robert R. Powell
925 West Hedding Street
San Jose, California 95126
(408)553-0200
Statement as of July 31, 2015
Statement No. 3876
John Adams
8146 Great House Way
Antelope, California 95843
1391-001: In re: AbigailA.
Professional Fees Hours Rate Amount
7/3/2015 LAD Received, scanned, and filed CoCo P&A for request to 0.25 125.00 31.25
dismiss petition, sent to BOT & RRP // Also EMT BOT &
RRP about filing response/non-opposition to request to
dismiss.
7/4/2015 RRP Telephone call with Joe re: prior hearing, confusion of 0.40 400.00 160.00
attorney for minor about she has burden, failure to prepare
pre-trial wit and exhibit list, etc... | to write Stevens re: you
have burden, and consider motion to exculde evidence
and testimony due fail comply court orders twice
7/6/2015 LAD EMF RRP w/ docs for trial, printed and created trial folder. 0.15 125.00 18.75
7/6/2015 RRP. Review Joanne East's brief, print for take to trial. Read 0.30 400.00 120.00
Joe's Bench Brief, reply with question on where atuhority
for proposition expert must testify to meet the burden?
Copy Nicole Williams and ask if she has any case we can
use. E-mail to Stevens re: your burdern to prove and we
going to move to exclude witnesses and testimony
7/7/2015 RRP Review e-mails and four cases sent by Nicole Williams on 0.70 400.00 280.00
issue of whether expert testimony needed to establish
“substantial probability" of emotional damage. Respond
and thank you
7/8/2015 RRP. Review e-mail from JW with text client sent him re: mom 0.10 400.00 40.00
telling kids dad abused them. Telephone call and left
message re: please call back to client on issue
7/8/2015 UR EMT Chang asking if she rcv'd a response on whether or 0.05 125.00 6.25
not we must file something in response to CoCo's MMPA
to dimiss petitionl; if not, for her to f/up by end of week
7/9/2015 LAD Received, scanned, and filed pre-trial statements for 0.25 125.00 31.25
mother & childrens' attorney. Prepped file for RRP trial
this afternoon.
7/9/2015 RRP Prep for trial, review DSLs and reports and pretrial 1.00 400.00 400.00
statements of atty for child and mom
7/9/2015 RRP. Travel and appear on trial - however, request court recusal 0.00 0.00 0.00
re: tentative ruling. Dates continued for status conference
and obtaining transcripts to file recusal motion
The Law Offices Of Robert R. Powell Page: 2
7/12/2015 RRP Letter to court reporter for 6/25 hearing requesting 0.20 400.00 80.00
transcript. copy client and JW by e-mail
7/14/2015 RRP Review e-mail from both court reporters separately and 0.20 400.00 80.00
respond with money in the mail tomorrow and please send
to office address. Telephone call to John and left message
re: please call back re: coffee meeting with opposing
party. Then e-mail re: same
7/15/2015 RRP Telephone call with client (after failed back and forth 0.10 400.00 40.00
attempts yesterday). Talked about the coffee shop
meeting - did not get into anything material at all, simply
was a polite meeting.
7/16/2015 UR Prep cover letter & mailed to court reporters w/payment 0.15 125.00 18.75
for 6/25 & 7/9 hearing trx; emailed reporters advising
same
7/23/2015 UR EMF court reporter advising rev'd payment for 6/25 & 7/1 0.05 125.00 6.25
hearing trxs; request | email her once we rev trxs in mail
7/27/2015 LAD Received, scanned, and filed proceeding transcripts for 0.10 125.00 12.50
July 9 and July 25
7/27/2015 UR Rev'd 7/9 & 6/25 trxs; EMT reporter advising rev'd 0.05 125.00 6.25
7/29/2015 RRP Review transx of proceedings. Research recusal statute 2.40 400.00 960.00
and secondary sources. Prepare Motion for Recusal and
declaration (set up for JW so his office can file and he can
sign). Then call JW re: same, and then send all when
scanned by email with note to UR to follow up
Sub-total Fees: 2,291.25
Rate Summary
Legal Admin 0.75 hours at $ 125.00/hr 93.75
Robert R. Powell 0.00 hours at $ —0.00/hr 0.00
Robert R. Powell 5.40 hours at $400.00/hr 2,160.00
Unique Rivera 0.30 hours at $ 125.00/hr 37.50
Total hours: 6.45
Ex
Preview
ROBERT R. POWELL, ESQ. CSB #159747 POWELL & ASSOCIATES 925 West Hedding Street San Jose, California 95126 T: (408) 553-0201 F: (408) 553-0203 E: rpowell@rrpassociates.com In Pro Per SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ROBERT R. POWELL, Case No: 16CV294580 10 i Plaintiff, DECLARATION OF ROBERT R. vs. POWELL IN SUPPORT OF 12 APPLICATION FOR JOHN ADAMS IV, ATTORNEY’S FEES PURSUANT 13 TO CCP §585(d) Defendant. 14 15 I, ROBERT R. POWELL, declare that the following is true and correct, and if called as 16 a witness, I could competently testify to the matters hereinafter set forth which are within my 17 personal knowledge: 18 1 I am an attorney licensed to practice before all of the courts of the State of California, all of 19 the District Courts of the 9" Circuit Court of Appeals in the State of California, and a 20 member in good standing to the bar of the U.S. Supreme Court. 21 I am the sole proprietor of Powell & Associates, a law firm based in San Jose, California. 22 On, or about, May 11, 2015, Defendant entered into a Retainer Agreement with Powell & 23 Associates for legal representation as to a juvenile dependency matter in Sacramento 24 County. [Exhibit A] 25 The terms of the Agreement were limited to representation through Disposition, and 26 outlined that at the conclusion of Attorney’s services all unpaid charges would become 27 immediately due and payable, and any efforts for collection of any unpaid charges shall be 28 1 Declaration of Robert R. Powell in Support of Application for Default Judgment Powell v. Adams Santa Clara Case # 16CV294580 reimbursable to Attorney, including reasonable attorney fees. I represented Defendant through all matters in said Retainer Agreement and complied with all terms of the Agreement. Defendant was provided with an updated final invoice on January 25, 2016. [Exhibit B] Defendant failed to make any payment. On, or about, May 2, 2016, a Summons, Civil Complaint, and Civil Case Cover Sheet, were filed in this Court. [Exhibit C] Defendant was served by substituted service on March 20, 2016. [Exhibit D] My hourly billing rate is $400. Associate Counsel is billed at a rate of $300, and Paralegals 10 are billed at a rate of $125. An invoice for hours and costs related to this Collection case is 11 attached hereto as Exhibit E. 12 Defendant has failed to make any payment towards his balance, as was required by the May 13 11, 2015, Retainer Agreement, and to this day the principal amount owed remains 14 $27,898.54. 15 Wherefore I am respectfully requesting that the court award to Plaintiff judgment in the 16 principal sum of $27,898.54, interest in the sum of $12,107.20, and court costs and attorney 17 fees in the sum of $1,884.22 for a total judgment of $41,889.96. 18 19 I declare under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct. 21 POWELL & ASSOCIATES 22 Date: 05/27/2020 ROBERT R. POWELL, ESQ. 23 In Pro Per 24 25 26 27 28 2 Declaration of Robert R. Powell in Support of Application for Default Judgment Powell v. Adams Santa Clara Case # 16CV294580 RETAINER AGREEMENT LEGAL SERVICES TO BE PROVIDED: (Attorney / John Adams IV, (“you” and/or “Clients”) and the Law Office of Robert R. Powell ), agree that I Me /1) and the Law Offices of Joseph Weinberger (included in “Attorney/Me/I will be your Attorney; and provide the following legal services: children in 1.) Representation as to any juvenile dependency matter involving your minor any such matter. Sacramento County, and any investigation meetings that may preceed ion of the HOWEVER. this agreement is ONLY for representation through complet Jurisdiction and Disposition phase of the juvenile proceeding, if necessar y. and no further of Attorney services are contemplated by this agreement, and Client will sign a Substitution from represen tation. Any after the Disposition phase is completed, releaseing Attorney further or subsequent representation would have to be the subject of a separate signed greement or addendum. to This agreement does not, in any manner or form, represent agreement by Attorney matters would representation on any appeal, writ, or related administrative proceeding. Such nt also be required to be the subject of a subsequent agreement or addendum to this agreeme before any duty or obligation of representation of Client is undertaken by Attorney. ATTORNEY FEES: performed Attorney will charge you a rate of $400 per hour for Robert R. Powell, for service of $300 per hour in the foregoing matter of representation. Attorney will charge you the rate rate of $300 per for service performed by Joseph Weinberger. Attorney will charge you a ation. hour for Dennis Ingols, for service performed in the foregoing matter of represent performed in the Attorney will charge you a rate of $250 per hour for Brett Terry, for service Attorney, foregoing matter of representation. Should any new/other attorney’s be utilized by they will be billed to you at the rate of $200 per hour. Paralegal work is billed at $125 per hour for both Attorney’s paralegals. after 30 days Attorney will bill you each month for the fees owed. Any amount left unpaid The interest from the date of each bill will incur interest at the rate of 10% per annum. amounts will be added to your bill. Driving time portal-to-portal is charged. . The signature by either attorney You have placed a retainer in the amount of $ {Speen will be representative/owner below indicates the amount has been received. The retainer sums at the time placed in a trust account and the amounts reflected in billings will be withdrawn entirely, the billings are sent to you. If the retainer sums do not pay the invoice amount to the remaining amounts due are payable 10 days after the invoice is mailed. Any objection attention within 15 days of ount of any bill or portion thereof shall be brought to attorneys waived. If we receipt of the billing containing the objectionable matter, or are hereby deemed of attorney, you understa nd that cannot resolve disagreements timely brought to the attention ion’s Fee you have the opportunity to submit a claim to the Santa Clara County Bar Associat Arbitration Panel to resolve the disagreement. If you submit your claim for review and 1 Initials: az fl resolution to the arbitrator, the decision of the arbitrator will be final and binding on the parties. Attorney may request a further retainer in the sum of $3,000.00 at any point in time where your trust account amount is below $2,000.00. Within 15 days thereafter, you must immediately provide the further retainer amount, in addition to payment of any outstanding amounts due and owing. Should the matter be set for a long cause trial at any time, Attorney may request an additional $5,000.00 retainer for each estimated day of trial. Within 15 days thereafter, you must immediately provide the further retainer amount. Unused retainer amounts are returned to the client at the conclusion of representation. You understand that at the conclusion of the attorneys’ services all unpaid charges will become immediately due and payable. You also understand that should collection services or effort be necessary for collection of any unpaid charges, I shall be entitled to reimbursement for all costs of collection, including reasonable attorney fees. You also agree to grant me a lien on any and all claims or causes of action covered by this agreement. The lien will be applied to any recovery that is obtained for you including an arbitration award, judgment, settlement or otherwise, and will be for any sums due and owing to me at the conclusion of my services. You understand that attorney has sole discretion in selecting any attorney in attorney’s office to represent you at any stage in these proceedings. Every reasonable effort will be made to accommodate your wishes as to the selection of a particular counsel, however, the decision of who shall represent you at a particular hearing or trial, shall remain within the sole discretion of attorney. CASE COSTS AND OTHER EXPENSES: You agree that you are responsible for paying all costs related to your case. You understand that these costs may include: filing fees for court papers, serving or delivering court papers to the opposing party in your case, copying charges at 15 cents per page, international telephone charges, postage, messenger, fax pages received (.15/page), other delivery fees, investigation expenses, expert witness fees, consultant fees, travel expenses at the prevailing federal allowable rate (billed at the standard mileage rate used to calculate the deductible costs of operating an automobile for business purposes, as published by the LR.S., in effect at the time of the travel), court reporter fees, per diem fees, and all other related costs and expenses. You agree that you will pay these costs and expenses in advance, upon request, and that you will pay them even if you do not win your case or achieve a satisfactory resolution of your matter. If attorney advances any costs or expense on your behalf in this case, you agree to reimburse attorney, and you agree that attorney may, in his sole discretion, elect to take payment/reimbursement for those costs out of any funds in the trust account, or otherwise in attorney's possession and control. It is the policy of Attorney that clients shall pay for any experts hired by attorney or client directly to perform services in the client’s matter, inclusive of any record review, report writing, deposition or hearing/trial testimony. This is NOT a cost that will be advanced or paid by Attorney. Client is aware this cost must be incurred promptly after the first detention 2 Initials Goeefu hearing, and agrees to pay the amounts specified to Client for retention of any experts within 48 hours of being advised of the amount needed to retain any experts. CLIENT RESPONSIBILITIES: You agree to help me work on your case by telling me if there is a change in your address or telephone number and by coming on time to any appointments that we make. You also agree to cooperate with me in the preparation and presentation of your case by always telling me the truth and by following my advice. You also understand that I may need to discuss your case with other attorneys and professionals from time to time, and you agree this is not a breach of the attorney client privilege. Anything you tell me, and any discussion I may have with other such attorneys or professionals about your case will be held in strict confidence. This agreement is the entire agreement between Client and Attorney, and can be changed only in a writing signed by each. You also agree that nothing in this agreement and nothing in my statements to you will be taken as a promise or guarantee about the outcome of your case. Any comments I make about the outcome of your case are only my opinions and are not promises or guarantees about the outcome of the case, or any proceeding, held during the course of your matter. RETRIEVAL OF CASE FILE UPON COMPLETION OF CASE OR DISCHARGE OR WTHDRAWAL OF ATTORNEY: Upon the completion of case, discharge or withdrawal of Attorneys, Client shall be responsible for picking up the entire case file from Attorneys and signing of a file release within 30 days. Attorneys shall make reasonable efforts to contact Client regarding same. Should Client fail to make arrangements to pick up the case file within 30 days of the certified mailing of a letter asking that Client do so, Attorneys are hereby authorized, but not required, to destroy the entire case file. TERMINATION OF AGREEMENT: You may terminate this agreement with me at any time by writing to me. I may terminate this agreement with you, also in writing, either with your consent or for good cause. Good cause includes, but is not limited to, any of the following; your failure to comply with this agreement, any failure to timely reply with the replenishment of the retainer amount and payment of the outstanding balance due, as set forth hereinabove, your refusal to cooperate with me or to follow my advice on a material matter, or any other fact or circumstance that would result in my representation being unlawful, unethical, or impractical. All the foregoing terms are understood and agreed to, and each party by their signature, acknowledges they have had the opportunity to discuss and consult any person of their choosing before entering this agreement, including counsel. Further in entering into this agreement by their signature, all parties do so freely, voluntarily, and of their own free will. WAIVER OF ATTORNEY-CLIENT PRIVILEGE AS TO SPECIFIC INDIVIDUALS Client is entitled to absolute privacy with regards to their conversations the attorneys, and this is known as the “attorney-client” privilege. It means that conversations between an attorney and his/her client, cannot be compelled by anyone, even the court, to be disclosed, and Attorney must hold those conversations in confidence. However, from time to time, in order to best serve the clients needs and for various reasons personal to the Client or the case, the Client wishes or prefers that Attorney be allowed to speak to someone such as a relative or close friend, in addition to the Client, and this is frequently the case when someone else has put up the money for the Client to obtain representation. Nothing in the waiver requires Attorney to speak with such persons, and Attorney retains full discretion as to what, if anything, will be disclosed to such persons. The persons Client waives the privilege with regard to are as follows: Date: May 11, 2015 Date: May 11, 2015 We Jos Weinberger — Attorney hae Gj May 11, 2015 RobertR. Powell - Attorney WEINBERGER LAW FIRM 1839 Iron Point Road, Suite 180 Folsom, CA 95630 (916) 357-6767 CLIENT John Adams 8146 Great House Way Antelope, CA 95843 Date Service Hours Rate Amount 5/5/2015 T/C with client re: Potential Case 0.6 $ 350.00 n/c 5/8/2015 Email from client re case info; review documents from client 0.4 $ 350.00 $ 140.00 5/9/2015 Email from client re: article 0.2 350.00 $ 70.00 5/9/2015 email from client re: timeline; review of timeline 0.3 350.00 $105.00 5/10/2015 telephone conference with Robert Powell re: case 0.4 350.00 n/c 5/10/2015 multiple emails with co counsel re medical records 0.3 350.00 105.00 5/11/2015 extensive email to counsel re: photos and medical records 0.3 350.00 105.00 5/11/2015 Telephone call with Sandy Myers re: family law case 0.4 350.00 140.00 5/11/2015 email from Lisa Malerbi @ Keegan Myers 0.2 350.00 n/c 5/12/2015 review of detention report; preparation of summary of 1.2 350.00 420.00 claims and allegations; extended discussion with counsel 5/12/2015 Multiple emails from client re family law case; review 0.8 350.00 280.00 documents 5/12/2015 email from counsel 0.3 350.00 n/c 5/12/2015 email from Lisa Malervi 0.2 350.00 n/c 5/12/2015 email from counsel re: discovery 0.2 350.00 n/c 5/13/2015 email from client re: authorization 0.2 350.00 $ 70.00 5/13/2015 email from client re: changes and screenshots 0.2 350.00 $ 70.00 WEINBERGER LAW FIRM 1839 Iron Point Road, Suite 180 Folsom, CA 95630 (916) 357-6767 5/14/2015 email from client rel conversation with Jamie at CPS re: 0.3 350.00 $ 105.00 visitation 5/14/2015 email from counsel re: visitation 0.2 350.00 70.00 5/14/2015 email from Deputy County Counsel re: visitation; review 0.3 350.00 105.00 standing order; email from Childs attorney 5/14/2015 email from counsel re: detention report; review summary 0.4 350.00 140.00 5/14/2015 email from client re visitation and converstaion with FSW 0.2 350.00 $s 70.00 5/14/2015 email from client with insurance information 0.2 350.00 n/c 5/19/2015 Appear in court for hearing 350.00 n/c 5/20/2015 email from counsel re: safe video 0.3 350.00 $ 105.00 5/20/2015 email advising of change of counsel for County 0.2 350.00 n/c 5/21/2015 prepare summary of court orders 0.4 350.00 $ 140.00 5/21/2015 multiple emails from client re meeting with counselor 0.3 350.00 $ 105.00 5/22/2015 email from client re: injuries to child 0.2 350.00 70.00 5/22/2015 telephone conference with client re ongoing issues with 0.6 350.00 210.00 children 5/22/2015 email and telephone conference with Lisa Hlavy re: meeting 0.3 350.00 $ 105.00 with John and children 5/23/2015 email from client re: injuries to client (fwd from Mother) 0.2 350.00 $ 70.00 5/23/2015 email from client re: response 0.2 350.00 $ 70.00 5/23/2015 multiple emails to client and co-counsel 0.3 350.00 $ 105.00 5/23/2015 email from mother 0.2 350.00 70.00 5/24/2015 email from counsel 0.2 350.00 n/c 5/26/2015 email from Child's counsel re: photos 0.3 350.00 $ 105.00 WEINBERGER LAW FIRM 1839 Iron Point Road, Suite 180 Folsom, CA 95630 (916) 357-6767 5/26/2015 email from co-counsel in response 0.2 350.00 n/c 6/1/2015 email from County Counsel with SAFE transcript; review of 0.4 350.00 140.00 safe transript 6/1/2015 multiple emails to/from client re: CPS visits and supervision 0.4 350.00 n/c 6/3/2015 t/c from Lisa Hlavy re: meeting (multiple) 0.2 350.00 70.00 6/5/2015 Meeting with Clients 350.00 350.00 6/5/2015 telephone call and email to Yelena Miller re: meeting with 0.3 350.00 105.00 children and parents 6/5/2015 email from co-counsel re: working with Mother 0.3 350.00 n/c 6/9/2015 email from co-counsel re: dismissal 0.3 350.00 n/c 6/9/2015 multiple emails with client and counsel re: polygraph 0.3 350.00 105.00 6/16/2015 coordination of hearing with counsel 0.3 350.00 n/c 6/18/2015 Appearance in Court 350.00 $ 1,050.00 6/21/2015 review multiple emails re: child exchange 0.3 350.00 $ 105.00 6/22/2015 multiple calls with client re: post hearing status 04 350.00 140.00 6/25/2015 legal research re: cases cited by court 1.8 350.00 630.00 6/29/2015 telephone conference with County counsel re: dismissal 0.3 350.00 105.00 6/29/2015 prepare and serve Pre-trial statement of father 1.2 350.00 420.00 6/29/2015 entended conversation with co-counsel re: last hearing 0.4 350.00 140.00 6/29/2015 multiple calls with John Adams Sr. re: fees and payment 0.2 $ 350.00 70.00 WEINBERGER LAW FIRM 1839 Iron Point Road, Suite 180 Folsom, CA 95630 (916) 357-6767 6/29/2015 extensive discussion with counsel re: jurisdiction, causation 15 $ 350.00 $ 525.00 and need for dismissal. Review of case law and research re: emotional distress in dependency setting 6/30/2015 complete research and prepare bench brief re: emotional 350.00 $ 700.00 distress; causation, and dismissal 7/2/2012 Pre-Trial hearing 350.00 $ 1,050.00 7/2/2015 research and prepare bench brief re: causation, need for 2.8 350.00 $ 980.00 expert testimony; directed verdict 7/7/2015 update bench brief with additional research 0.5 350.00 175.00 7/8/2015 email from counsty counsel with Addendum 0.8 350.00 280.00 7/8/2015 email from co-counsel re: addendum 0.3 350.00 n/c 7/9/2015 Appearance in Court 350.00 $ 1,050.00 7/9/2015 email from co-counsel re: court transcript 0.2 350.00 n/c 7/15/2015 multiple emails from client re: discussions with mother 0.3 350.00 $ 105.00 7/29/2015 review of Recusal motion, review of declaration; multiple 350.00 350.00 discussions with counsel; execute documents and file 8/5/2015 multiple emails from client re: upcoming hearing 0.2 350.00 70.00 8/6/2015 attend court; court to rule shortly on motion for recusal 2.5 350.00 700.00 8/15/2015 email from client re doctors appointments 0.2 350.00 70.00 8/16/2015 multiple emails re: assignment of doctor for the children 0.3 350.00 105.00 8/20/2015 multiple emails re: dental cards 0.2 350.00 $ 70.00 8/31/2015 multiple emails re: doctos 0.2 350.00 $ 70.00 10/13/2015 email from client re hearing date 0.2 350.00 n/c WEINBERGER LAW FIRM 1839 Iron Point Road, Suite 180 Folsom, CA 95630 (916) 357-6767 10/15/2015 email from counsel re: additional court reports; review files 0.4$ 350.00 $ 140.00 10/15/2015 appearance in court for pre-trial hearing 3.$ 350.00 $ 1,050.00 11/17/2015 Appearance in Court; Case dismissed 3 $ 350.00 n/c TOTALS 51.4 $ 14,070.00 Write off $ 3,920.00 per Contract The Law Offices Of Robert R. Powell 925 West Hedding Street San Jose, California 95126 (408)553-0200 Statement as of June 2, 2015 Statement No. 3845 John Adams 8146 Great House Way Antelope, California 95843 1391-001: In re: AbigailA. Professional Fees Hours Rate Amount 5/11/2015 RRP. [Note: The actual time spent on this case, excluding 9.00 400.00 3,600.00 lunch and two stops of about 30 mins each at Tesla Supercharger in Vacaville was in excess of 10 hours] Review all docs sent by client, print and create folder. Travel and appear on Detention hearing - held over to afternoon, then "heard" at 4:00 p.m 5/11/2015 BOT TCF RRP asking me to research whether a non-SW can 0.40 250.00 100.00 file a petition to commence JV proceedings. Reviewed practice guide and found answer. Reviewed WIC 329, 331 and Cal. Rule of Court 5.520. Also located forms JV 210 and JV 215. Sent all in email to RRP. 5/12/2015 LAD Enter all counsel info onto prolaw // Create proof of service 0.15 125.00 18.75 template. -ES 5/12/2015 RRP. Prepare summary of notes from yesterday's hearing and 1.50 400.00 600.00 send to Joe for use in hearing today. Couple of phone calls with Joe re: appearing in court this morning. Prepare a 5.546 letter and send to all counsel by e-mail and fax. Another discussion with Joe post hearing re: setting on 5/19 - calendared -he adivses that will be detention hearing, and not juris??? 5/14/2015 RRP Telephone call from client re: messed up visitation 0.20 400.00 80.00 yesterday - saw his e-mail to co-co too. Discussed putting list together will get it 5/14/2015 UR EMF BOT requesting first names of children's teacher & 0.10 0.00 0.00 school address.//Did Google search, found school's website. Obtained necessary info & sent to BOT 5/14/2015 UR L/up ctc info for "other" witnesses on list.//Emailed same 0.60 0.00 0.00 to BOT advising couldn't find a few 5/14/2015 BOT Tasked by RRP w/review of Detention Report and docs 2.40 250.00 600.00 from client and generating potential witness list. Generated list w/descriptions of how each person is involved in the case. Sent to UR to finish finding some addresses. 5/14/2015 BOT Drafted & sent email to RRP and JW explaining potential 0.10 250.00 25.00 The Law Offices Of Robert R. Powell Page: 2 witness list (after conversation w/UR) and attached potential witness Isit. 5/19/2015 RRP Prep, travel, appear on contested detention hearing. 7.00 400.00 2,800.00 (Actual time in excess of 7.5) 5/20/2015 RRP Review chronos provided yesterday morning and notes 3.10 400.00 1,240.00 made. Then review e-mails produced as well. Print redacted pages have problem with. Compose letter to opposing counsel re: same and want - sent fax and e-mail. Talk to JW re: same, and iuncluded in chronos the fact John says hit and disciplined by Ryan with foot and hand 5/26/2015 RRP Reviewing of Warrant Application carefully, and comparing 2.50 400.00 1,000.00 with Title 20's - notes taken on for trial. E-mail from minor's counsel complaining about photograph - responded, and asked for discovery again 5/26/2015 RRP Review e-mail from E. Wright re: with chronos, but 0.30 400.00 120.00 refusing to provide screener narratives from other referrals, and stalling on producing the tape of the SAFE interview 5/28/2015 UR EMT RRP asking if we need to file a motion to compel or 0.05 125.00 6.25 if they complied with providing screener notes, etc. 5/30/2015 LAD Scanned and replaced DSL pages with unredacted 0.20 125.00 25.00 versions. - CL 5/30/2015 DRI File research/legal research re: possible motion to compel 2.90 300.00 870.00 // discuss with RRP// meet and confer w/ opposing counsel. 6/1/2015 RRP Meet and confer with DI re: preparing motoin to compel. 0.60 400.00 240.00 Review previously produced PDF's from Co-co and divide into discrete documents by subject matter. Print medical record with redaction, one page, scan and send to client to see if can find out what that said. Go throuh meet and confer e-mails and forward to DI for prepping motoin to compel 6/1/2015 RRP. Review e-mails from East with attachments, reviewed. 0.40 400.00 160.00 Instruct Admin re: swap pages to unredacted. Meet and confer with DI twice re: motion going forward, status of prudction - agree down to a couple and he try an e-mail to her to clarify and determine what exactly she holding back and why. Review e-mail from client and respond, ask that we speak in the evening, please send times 6/1/2015 RRP Review two e-mails from cleint and respond, call to s/w 0.10 400.00 40.00 Lisa and advise clients only meet with attorney present 6/2/2015 DRI Read emails from CoCo re discovery dispute, analyze 0.50 300.00 150.00 updated documents provided//discuss w/ RRP//decide not to proceed with mtn to compel// Sub-total Fees: 11,675.00 The Law Offices Of Robert R. Powell Page: 3 Rate Summary Legal Admin 0.35 hours at $ 125.00/hr 43.75 Dennis R. Ingols 3.40 hours at $ 300.00/hr 1,020.00 Robert R. Powell 24.70 hours at $400.00/hr 9,880.00 Unique Rivera 0.70 hours at$ —0.00/hr 0.00 Unique Rivera 0.05 hours at $ 125.00/hr 6.25 Brett O'Neill Terry 2.90 hours at $ 250.00/hr 725.00 Total hours: 32.10 Expenses Mileage 279.44 Photocopies 4.80 Sub-total Expenses: 284.24 Total Current Billing: 11,959.24 Previous Balance Due: 0.00 Total Now Due: 11,959.24 The Law Offices Of Robert R. Powell 925 West Hedding Street San Jose, California 95126 (408)553-0200 Statement as of July 1, 2016 Statement No. 3861 John Adams 8146 Great House Way Antelope, California 95843 1391-001: In re: AbigailA. Professional Fees Hours Rate Amount 6/9/2015 RRP. Prepare e-mail to J. EAst and all counsel re: dismiss or 0.20 400.00 80.00 not dismiss. have to subpoena witnesses - ask for her trial plans too. Submit list of witnesses 6/9/2015 RRP E-mail to client re: any thoughts on e-mail about 0.10 400.00 40.00 polygraph? Review e-mail from J. East re: they are willing to dismiss now, but need to see if atty for children willing - Resond will wait on subpoenas then, but need clarification on if it comes to serving Brezinski, Hobbs and Crum 6/9/2015 BOT Reviewed back and forth email correspondence b/w RRP 0.10 250.00 25.00 and opposing counsel. (5 emails). 6/10/2015 RRP. E-mail exchange with client re: polygraph and having a 0.05 400.00 20.00 phone call between us 6/12/2015 LAD Received, scanned, and filed Minute Orders for 5/11, 5/12, 0.15 125.00 18.75 and 5/20, EMT BOT & RRP. 6/15/2015 RRP Review jurisdiction report and call Joe to discuss - he will 0.50 400.00 200.00 handle if going to settle. Report recommends dismissal. 6/16/2015 RRP Telephone call with Joe re: status of payment, issue of 0.60 400.00 240.00 atty for child not speaking to children yet - know anything? Advises no, said | will e-mail her- e-mailed her, she responded, said 6/18 not an actual "contest" and must speak to children there (e-mail to client re: kids must be in court) - telephone call with Joanne East re: status of hearing on 6/18 and she also says no contest. Says believes Stevens will dismiss too. Advise Joe of same and confirm he will appear 6/17/2015 LAD Print all DSLs on server, create DSL file. - CL 0.25 125.00 31.25 6/18/2015 UR Emails w/JW & RRP re rescheduled dismissal hearing set 0.15 125.00 18.75 for 6/25; JW can't handle & RRP in trial so BOT or DRI will have to appear.//Informed BOT of same 6/29/2015 RRP Telephone calls with Joe about tasks coming up - then 0.90 400.00 360.00 from office re: the pre-trial statement date is TOMORROW! Call back to Joe re: no way! He says he'll do it, but asks me to review cases judge cited which he will send by e-mail. Review cases sent by Joe and review The Law Offices Of Robert R. Powell Page: 2 all on Westlaw, memo to Joe re: same - none of these case are really relevant Discuss on phone the case review and trial strategy re: keep all 40 witnesses on the list. Also discuss my suggest we absolutley call kids, to put Stevens on the hot seat for having pushed forward at all. Agree in end keep all 40 on list, advise court we need to see what Ms. sTevens puts on before decidig who we will call 6/29/2015 UR Rvw EMF JW re upcoming deadlines/dates in case; 0.10 125.00 12.50 tasked/calendared same 6/29/2015 BOT Email from JW re: 355 objections and pretrial statement 0.20 250.00 50.00 due tomorrow. Emails w/DRI and UR and reviewed pretrial statement template on court website and determined RRP or JW needs to handle. TCT RRP to discuss. Per RRP, drafted and sent RRP pretrial statement template. Sub-total Fees: 1,096.25 Rate Summary Legal Admin 0.40 hours at $ 125.00/hr 50.00 Robert R. Powell 2.35 hours at $400.00/hr 940.00 Unique Rivera 0.25 hours at $ 125.00/hr 31.25 Brett O'Neill Terry 0.30 hours at $250.00/hr 75.00 Total hours: 3.30 Expenses Photocopies 2.70 Postage 2.60 Sub-total Expenses: 5.30 Total Current Billing: 1,101.55 Previous Balance Due: 11,959.24 Total Now Due: 13,060.79 The Law Offices Of Robert R. Powell 925 West Hedding Street San Jose, California 95126 (408)553-0200 Statement as of July 31, 2015 Statement No. 3876 John Adams 8146 Great House Way Antelope, California 95843 1391-001: In re: AbigailA. Professional Fees Hours Rate Amount 7/3/2015 LAD Received, scanned, and filed CoCo P&A for request to 0.25 125.00 31.25 dismiss petition, sent to BOT & RRP // Also EMT BOT & RRP about filing response/non-opposition to request to dismiss. 7/4/2015 RRP Telephone call with Joe re: prior hearing, confusion of 0.40 400.00 160.00 attorney for minor about she has burden, failure to prepare pre-trial wit and exhibit list, etc... | to write Stevens re: you have burden, and consider motion to exculde evidence and testimony due fail comply court orders twice 7/6/2015 LAD EMF RRP w/ docs for trial, printed and created trial folder. 0.15 125.00 18.75 7/6/2015 RRP. Review Joanne East's brief, print for take to trial. Read 0.30 400.00 120.00 Joe's Bench Brief, reply with question on where atuhority for proposition expert must testify to meet the burden? Copy Nicole Williams and ask if she has any case we can use. E-mail to Stevens re: your burdern to prove and we going to move to exclude witnesses and testimony 7/7/2015 RRP Review e-mails and four cases sent by Nicole Williams on 0.70 400.00 280.00 issue of whether expert testimony needed to establish “substantial probability" of emotional damage. Respond and thank you 7/8/2015 RRP. Review e-mail from JW with text client sent him re: mom 0.10 400.00 40.00 telling kids dad abused them. Telephone call and left message re: please call back to client on issue 7/8/2015 UR EMT Chang asking if she rcv'd a response on whether or 0.05 125.00 6.25 not we must file something in response to CoCo's MMPA to dimiss petitionl; if not, for her to f/up by end of week 7/9/2015 LAD Received, scanned, and filed pre-trial statements for 0.25 125.00 31.25 mother & childrens' attorney. Prepped file for RRP trial this afternoon. 7/9/2015 RRP Prep for trial, review DSLs and reports and pretrial 1.00 400.00 400.00 statements of atty for child and mom 7/9/2015 RRP. Travel and appear on trial - however, request court recusal 0.00 0.00 0.00 re: tentative ruling. Dates continued for status conference and obtaining transcripts to file recusal motion The Law Offices Of Robert R. Powell Page: 2 7/12/2015 RRP Letter to court reporter for 6/25 hearing requesting 0.20 400.00 80.00 transcript. copy client and JW by e-mail 7/14/2015 RRP Review e-mail from both court reporters separately and 0.20 400.00 80.00 respond with money in the mail tomorrow and please send to office address. Telephone call to John and left message re: please call back re: coffee meeting with opposing party. Then e-mail re: same 7/15/2015 RRP Telephone call with client (after failed back and forth 0.10 400.00 40.00 attempts yesterday). Talked about the coffee shop meeting - did not get into anything material at all, simply was a polite meeting. 7/16/2015 UR Prep cover letter & mailed to court reporters w/payment 0.15 125.00 18.75 for 6/25 & 7/9 hearing trx; emailed reporters advising same 7/23/2015 UR EMF court reporter advising rev'd payment for 6/25 & 7/1 0.05 125.00 6.25 hearing trxs; request | email her once we rev trxs in mail 7/27/2015 LAD Received, scanned, and filed proceeding transcripts for 0.10 125.00 12.50 July 9 and July 25 7/27/2015 UR Rev'd 7/9 & 6/25 trxs; EMT reporter advising rev'd 0.05 125.00 6.25 7/29/2015 RRP Review transx of proceedings. Research recusal statute 2.40 400.00 960.00 and secondary sources. Prepare Motion for Recusal and declaration (set up for JW so his office can file and he can sign). Then call JW re: same, and then send all when scanned by email with note to UR to follow up Sub-total Fees: 2,291.25 Rate Summary Legal Admin 0.75 hours at $ 125.00/hr 93.75 Robert R. Powell 0.00 hours at $ —0.00/hr 0.00 Robert R. Powell 5.40 hours at $400.00/hr 2,160.00 Unique Rivera 0.30 hours at $ 125.00/hr 37.50 Total hours: 6.45 Ex