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KELLY LITIGATION GROUP, INC.
Richard M. Kelly, Esq.
Michael Mengarelli, Esq.
SBN 154504
SBN 215000 F I L
SAN MATEO eoumy
E
3 Lagoon Drive, Suite 225
Redwood City, CA 94065 JUL' 0 9 2013
Telephone: (650) 591-2282
Facsimile: (650) 591-2292
CHAUVEL &
\DWQQUIAUJNH%
GLATT, LLP
April S. Glatt, Esq. SBN 185708
Thomas J. Walsh, Esq. SBN 311862
66 Bovet Road, Suite 280
San Mateo, CA 94402
Telephone: (650) 573—9500
Facsimile: (650) 573—9689
Attorneys for Plaintiffs and Cross—Defendants,
O
MATTHEW SQUIRES and NICOLE SQUIRES
650-573—9500
LLP
| )—
N
94402
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
M
CA
GLATT,
(UNLIMITED CIVIL JURISDICTION)
A
Mateo,
MATTHEW SQUIRES; NICOLE SQUIRES, Case No.: ISCIV00846
&
I
San
280
U]
Plaintiffs,
DECLARATION OF THOMAS J.
CHAUVELO vs. WALSH IN SUPPORT OF PLAINTIFF
Suite
\l R.C. WEHMEYER CONSTRUCTION, INC., dba MATTHEW SQUIRES AND NICOLE
Road,
WEHMEYER CUSTOM HOMES; ROBERT C. SQUIRES’ FIRST, SECOND AND THIRD
0O
Bovel
WEHMEYER, an individual; AMERCLAN MOTIONS TO COMPEL
CONTRACTORS INDEMNITY COMPANY;
V: FAX
66 and DOES
NNNNNNNNNHHHHHHHHHH
1 through 20, inclusive, Date: July 12, 2018
O Defendants. Time: 9:00 am. BY
Dept. : Law and Motion
H
R.C. WEHMEYER CONSTRUCTION, INC., dba FILE
WEHMEYER CUSTOM HOMES; ROBERT C.
WEHMEYER, JEFFREY BORDIN AND l"13;clv:uus4s
DIS
bJ-N GREGORIO MARTINEZ, Declaration in Support
|1254424
Cross-Complainants,
J:-
VS.
U1
MATTHEW SQUIRES; NICOLE SQUIRES, and
IIIIIIII _
ROES 1 through 10,
Ch
Cross-Defendants.
\I
.
1
00
DECLARATION OF THOMAS J.WALSH IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE
SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL
I, Thomas J. Walsh, hereby declares and certifies as follows:
1. I am an attorney duly licensed to practice law in the State of California, am an Associate
at the Law Offices of Chauvel & Glatt, LLP (“C&G”) and one of the attorneys of record for Plaintiffs
Matthew and Nicole Squires (“Squires”). I received my Juris Doctor from the Nova Southeastern
University in 2012 and I am duly licensed in California as well as Florida. My practice focuses on civil
OOOQQUI-D-DJ
litigation with an emphasis in employment representing employer side only. I have been an attorney
i
with C&G for over one year and a licensed attorney for 6 years.
2. My hourly rate is $325/hour and is commensurate with other practicing attorneys with
like experience and location in the Bay Area.
10 3. I have personal knowledge of the facts set forth in this Declaration and could testify
650—573-9500
competently to them if called upon to do so.
LLP
| 11
12
94402
4. Chauvel & Glatt, LLP uses the recognized legal billing system Cosmolex to record time,
CA
13 fees and costs expended in this matter. Contemporaneous with work throughout this case, I entered the
GLATT,
14
Mateo,
time I spent with a detailed description of what was accomplished, properly recording all work billed.
&
|
San
280
15 At the end of each month, both I reviewed my billing on this matter to ensure accuracy.
CHAUVEL16 5. Since March 7, 2018, I have conducted reasonable and necessary work in this matter to
Suite
17 obtain legitimate discoverable information to adequately defend our client which Defendants’ counsel
Road,
18 refuses to provide.
Bovct
66 19 6. I have conducted a total of 52.9 hours of billable hours of work on this matter and his
20 time is billed at a rate of $325.00 per hour for SEVENTEEN THOUSAND ONE HUNDRED AND
21 NINETY-TWO DOLLARS and 50/ 100 dollars ($17,192.50) as of May 31, 2018.
22 7. My hours are broken down for each motion as follows:
23 a. I have conducted a total of 13.5 hours of billable hours of work on bringing
24 Squires’ First Motion to Compel and his time is billed at a rate of $325.00 per hour for FOUR
25 THOUSAND THREE HUNDRED AND EIGHTY-SEVEN DOLLARS and 50/100 dollars
26 ($4,387.50) as ofMay 31, 2018.
27
’7
28
DECLARATION OF THOMAS J.WALSH IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE
SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL
b. I have conducted a total of 26.6 hours of billable hours of work on bringing
Squires’ Second Motion to Compel and his time is billed at a rate of $325.00 per hour for EIGHT
THOUSAND SIX HUNDRED AND F ORTY—FIVE DOLLARS and 00/100 dollars ($8,645) as
Ul-RWN
ofMay 31, 2018.
c. I have conducted a total of 12.8 hours of billable hours of work on bringing
Squires’ Third Motion to Compel and his time is billed at a rate of $325.00 per hour for FOUR
\1 THOUSAND ONE HUNDRED AND SIXTY DOLLARS and 00/100 dollars ($4,160) as of
May 31, 2018.
won
Under penalty of perjury under the laws of the State of California, the undersigned declares that
[
10
11
12
the foregoing is true and
650-573-9500
Dated this 6th day
correct.
of July 2018. %
THOMAS
V(A
J. WALSH
LLP
94402
CA
13
GLATT,
14
Mateo,
&
|
San
280
15
CHAUVEL16
Suite
17
Road,
18
Bovet
66 19
20
21
22
23
24_
25
26
27
3
28
DECLARATION OF THOMAS J.WALSH IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE
SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL
PROOF OF SERVICE
Code of Civil Procedure § 1013
Case: Matthew Squires; Nicole Squires v. R.C. Wehmeyer Construction, Inc., eta].
Case No.: 18CIV00846 (San Mateo County Superior Court—Unlimited Civil Jurisdiction)
I am a citizen of the United States and an employee in San Mateo in the County of San Mateo,
State of California. I am over the age of eighteen and not one of the parties to the within action. My,
\oooqaxmaua
business address is 66 Bovet Road, Suite 280, San Mateo, California 94402. My address for electronic
On the
DECLARATION
fl
service is tj@chauvellaw.com.
OF
day of July 2018,
THOMAS J.
I served the following document:
WALSH IN SUPPORT OF PLAINTIFF MATTHEW
SQUIRES AND NICOLE SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL
650-573-9500
LLP
| on the parties in this action by causing itto be electronically transmitted or by causing a true copy
94402
thereof to be placed in a sealed envelope addressed as shown below for service as designated below:
CA
GLATT,
(A) By First Class Mail: I deposited each such envelope, with first class postage thereon fully
prepaid, in a recognized place of deposit of the US. mail in San Mateo,
Mateo,
California, for collection
& and mailing to the office of the addressee on the date shown herein.
|
San
Mail: I am readily familiar with the practice of Chauvel & Glatt, LLP for the
280
CHAUVEL
(B) By US. Express
Suite collection and processing of correspondence for mailing Express Mail with the United States
Postal Service. I caused each such envelope, with the proper postage used for US. Express Mail
Road,
thereon fully prepaid, to be deposited in a recognized place of deposit for US. Express Mail in
Bovet
San Mateo, California, for collection and mailing to the office of the addressee on the date shown
NNNNNNNNNHHHHHI—IHHHH
herein.
66 ooqcxm-c-mwwocooqauxamNh-c
(C) By Personal Service: I caused each such envelope to be personally delivered to the office of
the addressee by a member of the staff of this law firm on the date last written below.
(D) By Messenger Service: I am readily familiar with the practice of Chauvel & Glatt, LLP for
messenger delivery, and I caused each such envelope to be delivered to a courier employed by,
who personally delivered each such envelope to the office of the addressee on the date last
written below.
(E) By Federal Express: I am readily familiar with the practice of Chauvel & Glatt, LLP for the
collection of overnight courier deliveries, and I caused each such envelope to be delivered to
at San Mateo, California, to be delivered to the office
’
of the addressee on the next business day. I deposited this package at the -
location.
l
PROOF OF SERVICE
(F) By Facsimile Transmission: I caused such document to be served via Facsimile electronic
equipment transmission (fax) on the parties in this action by transmitting a true copy to the
N
addressee at the fax number indicated below.
(G) By Electronic Transmission: On July fl, 2018, at or about E
309 .m., I caused such document
to be served via electronic transmission on the parties in this action by transmitting a true copy to the
addressee at the e—mail address indicated below. The aforementioned transmission was reported as
complete and without error.
Type of Service Addresscc Party
\DOCQGUl-RM
G Brian Newcomb Defendants, R.C. Wehmeyer
-
Attorney At Law Construction, Inc., dba
770 Menlo Avenue, Suite 101 Wehmeyer Custom Homes;
Menlo Park, CA 94025 ,
Robert C. Wehmeyer
o Telephone: 650322-7780
Facsimile: 650322—7740 Cross—Complainants, RC.
650—573-9500
H E-Mail: brianwnewcornb@gmail.com Wehmeyer Construction, Inc.,
LLP
I N
dba Wehmeyer Custom
Homes; Robert C. Wehmeyer;
94402
L»
Jeffrey Bordin; and Gregorio
CA
GLATT,
Martinez
A
Mateo,
&
|
San
280
U1
I declare under penalty of perjury under the laws of the
foregoing is true and correct.
NNNNHHHl—IHHHHHl—i
O\
State of California that the
CHAUVEL
Suite
Executed at San Mateo, California, this Z/H day of July 2018.
00.x!
Road,
Bovet
66
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Thoi‘nas \Vals‘h/ \
6
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'
PROOF OF SERVICE
Preview
E KELLY LITIGATION GROUP, INC. Richard M. Kelly, Esq. Michael Mengarelli, Esq. SBN 154504 SBN 215000 F I L SAN MATEO eoumy E 3 Lagoon Drive, Suite 225 Redwood City, CA 94065 JUL' 0 9 2013 Telephone: (650) 591-2282 Facsimile: (650) 591-2292 CHAUVEL & \DWQQUIAUJNH% GLATT, LLP April S. Glatt, Esq. SBN 185708 Thomas J. Walsh, Esq. SBN 311862 66 Bovet Road, Suite 280 San Mateo, CA 94402 Telephone: (650) 573—9500 Facsimile: (650) 573—9689 Attorneys for Plaintiffs and Cross—Defendants, O MATTHEW SQUIRES and NICOLE SQUIRES 650-573—9500 LLP | )— N 94402 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO M CA GLATT, (UNLIMITED CIVIL JURISDICTION) A Mateo, MATTHEW SQUIRES; NICOLE SQUIRES, Case No.: ISCIV00846 & I San 280 U] Plaintiffs, DECLARATION OF THOMAS J. CHAUVELO vs. WALSH IN SUPPORT OF PLAINTIFF Suite \l R.C. WEHMEYER CONSTRUCTION, INC., dba MATTHEW SQUIRES AND NICOLE Road, WEHMEYER CUSTOM HOMES; ROBERT C. SQUIRES’ FIRST, SECOND AND THIRD 0O Bovel WEHMEYER, an individual; AMERCLAN MOTIONS TO COMPEL CONTRACTORS INDEMNITY COMPANY; V: FAX 66 and DOES NNNNNNNNNHHHHHHHHHH 1 through 20, inclusive, Date: July 12, 2018 O Defendants. Time: 9:00 am. BY Dept. : Law and Motion H R.C. WEHMEYER CONSTRUCTION, INC., dba FILE WEHMEYER CUSTOM HOMES; ROBERT C. WEHMEYER, JEFFREY BORDIN AND l"13;clv:uus4s DIS bJ-N GREGORIO MARTINEZ, Declaration in Support |1254424 Cross-Complainants, J:- VS. U1 MATTHEW SQUIRES; NICOLE SQUIRES, and IIIIIIII _ ROES 1 through 10, Ch Cross-Defendants. \I . 1 00 DECLARATION OF THOMAS J.WALSH IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL I, Thomas J. Walsh, hereby declares and certifies as follows: 1. I am an attorney duly licensed to practice law in the State of California, am an Associate at the Law Offices of Chauvel & Glatt, LLP (“C&G”) and one of the attorneys of record for Plaintiffs Matthew and Nicole Squires (“Squires”). I received my Juris Doctor from the Nova Southeastern University in 2012 and I am duly licensed in California as well as Florida. My practice focuses on civil OOOQQUI-D-DJ litigation with an emphasis in employment representing employer side only. I have been an attorney i with C&G for over one year and a licensed attorney for 6 years. 2. My hourly rate is $325/hour and is commensurate with other practicing attorneys with like experience and location in the Bay Area. 10 3. I have personal knowledge of the facts set forth in this Declaration and could testify 650—573-9500 competently to them if called upon to do so. LLP | 11 12 94402 4. Chauvel & Glatt, LLP uses the recognized legal billing system Cosmolex to record time, CA 13 fees and costs expended in this matter. Contemporaneous with work throughout this case, I entered the GLATT, 14 Mateo, time I spent with a detailed description of what was accomplished, properly recording all work billed. & | San 280 15 At the end of each month, both I reviewed my billing on this matter to ensure accuracy. CHAUVEL16 5. Since March 7, 2018, I have conducted reasonable and necessary work in this matter to Suite 17 obtain legitimate discoverable information to adequately defend our client which Defendants’ counsel Road, 18 refuses to provide. Bovct 66 19 6. I have conducted a total of 52.9 hours of billable hours of work on this matter and his 20 time is billed at a rate of $325.00 per hour for SEVENTEEN THOUSAND ONE HUNDRED AND 21 NINETY-TWO DOLLARS and 50/ 100 dollars ($17,192.50) as of May 31, 2018. 22 7. My hours are broken down for each motion as follows: 23 a. I have conducted a total of 13.5 hours of billable hours of work on bringing 24 Squires’ First Motion to Compel and his time is billed at a rate of $325.00 per hour for FOUR 25 THOUSAND THREE HUNDRED AND EIGHTY-SEVEN DOLLARS and 50/100 dollars 26 ($4,387.50) as ofMay 31, 2018. 27 ’7 28 DECLARATION OF THOMAS J.WALSH IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL b. I have conducted a total of 26.6 hours of billable hours of work on bringing Squires’ Second Motion to Compel and his time is billed at a rate of $325.00 per hour for EIGHT THOUSAND SIX HUNDRED AND F ORTY—FIVE DOLLARS and 00/100 dollars ($8,645) as Ul-RWN ofMay 31, 2018. c. I have conducted a total of 12.8 hours of billable hours of work on bringing Squires’ Third Motion to Compel and his time is billed at a rate of $325.00 per hour for FOUR \1 THOUSAND ONE HUNDRED AND SIXTY DOLLARS and 00/100 dollars ($4,160) as of May 31, 2018. won Under penalty of perjury under the laws of the State of California, the undersigned declares that [ 10 11 12 the foregoing is true and 650-573-9500 Dated this 6th day correct. of July 2018. % THOMAS V(A J. WALSH LLP 94402 CA 13 GLATT, 14 Mateo, & | San 280 15 CHAUVEL16 Suite 17 Road, 18 Bovet 66 19 20 21 22 23 24_ 25 26 27 3 28 DECLARATION OF THOMAS J.WALSH IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL PROOF OF SERVICE Code of Civil Procedure § 1013 Case: Matthew Squires; Nicole Squires v. R.C. Wehmeyer Construction, Inc., eta]. Case No.: 18CIV00846 (San Mateo County Superior Court—Unlimited Civil Jurisdiction) I am a citizen of the United States and an employee in San Mateo in the County of San Mateo, State of California. I am over the age of eighteen and not one of the parties to the within action. My, \oooqaxmaua business address is 66 Bovet Road, Suite 280, San Mateo, California 94402. My address for electronic On the DECLARATION fl service is tj@chauvellaw.com. OF day of July 2018, THOMAS J. I served the following document: WALSH IN SUPPORT OF PLAINTIFF MATTHEW SQUIRES AND NICOLE SQUIRES’ FIRST, SECOND AND THIRD MOTIONS TO COMPEL 650-573-9500 LLP | on the parties in this action by causing itto be electronically transmitted or by causing a true copy 94402 thereof to be placed in a sealed envelope addressed as shown below for service as designated below: CA GLATT, (A) By First Class Mail: I deposited each such envelope, with first class postage thereon fully prepaid, in a recognized place of deposit of the US. mail in San Mateo, Mateo, California, for collection & and mailing to the office of the addressee on the date shown herein. | San Mail: I am readily familiar with the practice of Chauvel & Glatt, LLP for the 280 CHAUVEL (B) By US. Express Suite collection and processing of correspondence for mailing Express Mail with the United States Postal Service. I caused each such envelope, with the proper postage used for US. Express Mail Road, thereon fully prepaid, to be deposited in a recognized place of deposit for US. Express Mail in Bovet San Mateo, California, for collection and mailing to the office of the addressee on the date shown NNNNNNNNNHHHHHI—IHHHH herein. 66 ooqcxm-c-mwwocooqauxamNh-c (C) By Personal Service: I caused each such envelope to be personally delivered to the office of the addressee by a member of the staff of this law firm on the date last written below. (D) By Messenger Service: I am readily familiar with the practice of Chauvel & Glatt, LLP for messenger delivery, and I caused each such envelope to be delivered to a courier employed by, who personally delivered each such envelope to the office of the addressee on the date last written below. (E) By Federal Express: I am readily familiar with the practice of Chauvel & Glatt, LLP for the collection of overnight courier deliveries, and I caused each such envelope to be delivered to at San Mateo, California, to be delivered to the office ’ of the addressee on the next business day. I deposited this package at the - location. l PROOF OF SERVICE (F) By Facsimile Transmission: I caused such document to be served via Facsimile electronic equipment transmission (fax) on the parties in this action by transmitting a true copy to the N addressee at the fax number indicated below. (G) By Electronic Transmission: On July fl, 2018, at or about E 309 .m., I caused such document to be served via electronic transmission on the parties in this action by transmitting a true copy to the addressee at the e—mail address indicated below. The aforementioned transmission was reported as complete and without error. Type of Service Addresscc Party \DOCQGUl-RM G Brian Newcomb Defendants, R.C. Wehmeyer - Attorney At Law Construction, Inc., dba 770 Menlo Avenue, Suite 101 Wehmeyer Custom Homes; Menlo Park, CA 94025 , Robert C. Wehmeyer o Telephone: 650322-7780 Facsimile: 650322—7740 Cross—Complainants, RC. 650—573-9500 H E-Mail: brianwnewcornb@gmail.com Wehmeyer Construction, Inc., LLP I N dba Wehmeyer Custom Homes; Robert C. Wehmeyer; 94402 L» Jeffrey Bordin; and Gregorio CA GLATT, Martinez A Mateo, & | San 280 U1 I declare under penalty of perjury under the laws of the foregoing is true and correct. NNNNHHHl—IHHHHHl—i O\ State of California that the CHAUVEL Suite Executed at San Mateo, California, this Z/H day of July 2018. 00.x! Road, Bovet 66 Va (fl Thoi‘nas \Vals‘h/ \ 6 H N Lu 4‘— U1 NNNN Ox \l N no ’7 ' PROOF OF SERVICE