Preview
ELECTRONICALLY FILED
Superior Court of California,
ERIC O. JEPPSON (STATE BAR NO. 212287) County of Placer
ANNABEL H. CHANG (STATE BAR NO. 267261)
11/02/2020
JEPPSON & GRIFFIN, LLP
By: Laurel Sanders, Deputy Clerk
1478 Stone Point Drive, Suite 100
Roseville, CA 95661
Telephone: (916) 780-7008
Facsimile: (916) 780-7118
Attorneys for Defendant
BETSEY ALESSI
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF PLACER
10 UNLIMITED CIVIL JURISDICTION
11 —000-
12 JMK GOLF, LLC, a California limited Case No. S-CV-0043612
liability company,
13 DECLARATION OF ANNABEL H.
Plaintiff, CHANG IN SUPPORT OF DEFENDANT
14 BETSEY ALESSI’S CROSS-MOTION
Vv. FOR DETERMINATION OF
15
PREVAILING PARTY, ATTORNEY’S
16 BETSEY ALESSI aka BETSEY M. ALESSI FEES AND TO STRIKE PLAINTIFF’S
aka BETSEY MARIE ALESSI, and DOES 1 COSTS AND IN OPPOSITION TO
17 to 10, inclusive, PLAINTIFF’S MOTION FOR AWARD
OF REASONABLE ATTORNEY’S FEES
18 Defendants.
19
Date: December 3, 2020
20 Time: 8:30 a.m.
Dept.: 3
21 Judge: Hon. Michael W. Jones
22 I, Annabel H. Chang, declare as follows:
23 1 I am over the age of eighteen years and have personal knowledge of the matters
24 stated herein, except as to those matters based on information and belief and, as to those matters,
25 I believe them to be true. If called as a witness I would and could competently attest thereto.
26 2 I am one of the attorneys of record for defendant Betsey Alessi (“Ms. Alessi”) in
27 this action.
28 3 I have been a California licensed attorney since 2009, and in the past 11 years, have
1
AHC DECLARATION ISO DEFENDANT ALESSI’S CROSS-MOTION FOR ATTORNEY’S FEES AND TO STRIKE
PLAINTIFF’S COSTS AND OPPOSITION TO PLAINTIFF’S MOTION FOR AWARD OF ATTORNEY’S FEES
prepared numerous matters for bench and jury trial both in state and federal courts. My current
hourly rate for this matter is $325 per hour.
4 The partner overseeing this matter, Eric Jeppson, has been a California licensed
attorney since 2001, and in the past 19 years has prepared and tried numerous bench and jury trials.
His current hourly rate for this matter is $425 per hour.
5 I am familiar with the hourly rates charged by comparable litigation firms in the
greater Sacramento area and the hourly rates charged for this matter were comparable with rates
charged by other attorneys in California in similar law firms with similar experience and expertise.
6 The legal fees and costs incurred in this action were necessary, reasonable and
10 included, but were not limited to: (a) review, analysis of and response to the complaint; (b)
11 analysis, strategy and preparation of pleadings related to opposing Plaintiff's numerous attachment
12 attempts, and appearing at hearings; (c) communicating with Plaintiffs counsel in efforts to
13 resolve this action; (d) a reasonable amount of client meetings and communications; (e) responding
14 to Plaintiff's discovery; and (f) preparation and appearance at trial. Attached as Exhibit A and
15 Exhibit B are a true and correct printouts showing a breakdown of the legal fees, billed and
16 unbilled, which have been incurred in this action. The printouts are from the two separate
17 accounting systems used by Jeppson & Griffin, LLP.
18 7 I have expended 10.1 hours of my time totaling $3,470 in fees for preparing this
19 instant attorney fees motion, including legal research drafting, reviewing the client files, reviewing
20 the pleadings on file, meeting/communicating with the client, and anticipate expending at least
21 another 4-5 hours to review any opposition hereto, preparing a reply, and attending and arguing
22 this motion, at least another $1,530 in attorney fees will be incurred.
23 8 In total, Ms. Alessi requests an award of attorney fees against plaintiffs in the
24 amount of $48,464.44 ($43,021.44 fees to date + $443 costs + approx. $5,000 motion).
25 I declare under the penalty of perjury under the laws of the State of California that the
26 foregoing is true and correct.
27 ///
28
2
AHC DECLARATION ISO DEFENDANT ALESSI’S CROSS-MOTION FOR ATTORNEY’S FEES AND TO STRIKE
PLAINTIFF’S COSTS AND OPPOSITION TO PLAINTIFF’S MOTION FOR AWARD OF ATTORNEY’S FEES
Dated this 2nd day of November 2020 at Roseville, California.
JL Annabel H. Chang
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
AHC DECLARATION ISO DEFENDANT ALESSI’S CROSS-MOTION FOR ATTORNEY’S FEES AND TO STRIKE
PLAINTIFF’S COSTS AND OPPOSITION TO PLAINTIFF’S MOTION FOR AWARD OF ATTORNEY’S FEES
EXHIBIT A
Hunt Jeppson & Griffin, LLP
1478 Stone Point Drive, Suite 100
Roseville, CA 95661
Ph: (916) 780-7008 Fax:(916) 780-7118
Betsey Alessi November 2, 2020
Attention
DATE DESCRIPTION HOURS AMOUNT LAWYER
Sep-23-19 Initial consult with client regarding responding 1.00 425.00 EOJ
to lawsuit
Oct-09-19 NO CHARGE: Internal discussion and case 0.20 0.00 MCG
strategy.
Oct-10-19 Review verified complaint and draft verified 1.80 585.00 MCG
answer.
Oct-11-19 Final review of verified answer and take to 1.30 422.50 MCG
court house for filing.
Oct-16-19 NO CHARGE: Phone call with opposing 0.20 0.00 MCG
counsel regarding upcoming writ of
attachment.
Oct-18-19 Correspondence from opposing counsel 0.40 170.00 EOJ
regarding petition for attachment
Oct-21-19 Research regarding status of Petition and 0.30 127.50 EOJ
strategy in handling lawsuit
Oct-22-19 Telephone conference with client regarding 0.40 170.00 EOJ
Petition for Attachment and strategy regarding
the same
NO CHARGE: Review complaint and 1.40 0.00 AHC
research and analysis re opposing writ of
attachment; Telephone call to client
Oct-23-19 Prepare for conference call with client by 1.00 300.00 AHC
drafting memo outlining opposition and
exemption; Telephone conference with client;
Telephone conferences with opposing counsel
Invoice #: Settle Page 2 November 2, 2020
Oct-24-19 Finalize response to opposing counsel; 0.40 170.00 EOJ
research regarding same
Research and analysis re settlement and 1.60 480.00 AHC
damages
Oct-28-19 Telephone conference with opposing counsel; 0.80 240.00 AHC
Analysis of mitigation
Oct-29-19 Email correspondence from opposing counsel 0.30 127.50 EOJ
regarding Stipulation to deal with Petition for
Attachment
Analysis re mitigation of damages; Research 1.60 480.00 AHC
re opposition to attachment
Oct-31-19 Research re release of attachment 0.50 150.00 AHC
Nov-04-19 Prepare financial statement form and email to 0.80 240.00 AHC
client; Prepare and send email to opposing
counsel
Nov-06-19 Prepare opposition to application for 4.00 1,200.00 AHC
attachment
Nov-08-19 Analysis re opposition to application, 0.50 0.00 AHC
Nov-11-19 Analysis re alternative damages with new 0.30 90.00 AHC
lease
Nov-13-19 Review and analysis of plaintiff's reply in 0.90 270.00 AHC
support of attachment; Check tentative
Nov-14-19 Strategy and research regarding motion to 0.60 255.00 EOJ
attach and responding accordingly
Attend hearing re attachment; Analysis re 2.50 737.50 AHC
hearing and next steps
Nov-15-19 Telephone call with client re hearing and 2.30 0.00 AHC
further credits; Research and analysis re 998
offer, abuse of process claim
Nov-19-19 Research and conference with Annabel 0.80 340.00 EOJ
regarding denial of motion to attach; Research
and strategy regarding same
Analysis re next steps 0.50 147.50 AHC
Nov-22-19 Follow up call to client 0.20 59.00 AHC
Nov-25-19 Conference with Annabel regarding a second 0.30 127.50 EOJ
motion to attach from plaintiff; research
regarding same
Invoice #: Settle Page 3 November 2, 2020
Analysis re ex parte writ of attachment 2.70 796.50 AHC
Nov-26-19 Further research regarding write of attachment 0.40 170.00 EOJ
and strategy in handling
Meeting with client 0.70 297.50 EOJ
Appear at ex parte hearing; Analysis re case 2.00 590.00 AHC
Dec-16-19 Research issues related to yet another 0.40 170.00 EOJ
attachment motion; strategy regarding moving
this case to the finish line
Dec-17-19 Prepare opposition to attachment 0.90 265.50 AHC
Dec-20-19 Finalize opposition to attachment 1.40 413.00 AHC
Dec-26-19 Prepare draft demand letter 0.50 147.50 AHC
Dec-30-19 Prepare demand letter and CCP 998 offer 1.60 472.00 AHC
Dec-31-19 Interest Due on Amounts Outstanding for 30 0.00 144.43 EOJ
Days or more.
Jan-03-20 Review and analysis of plaintiff's reply for 0.80 236.00 AHC
application; Research re same
Jan-23-20 Telephone conference with AHC regarding 0.30 127.50 EOJ
tentative ruling on hearing for Attachment
Request by plaintiffto determine opposition
and requesting oral argument
Review tentative ruling and analysis re 0.50 147.50 AHC
contesting ruling
Jan-24-20 Prepare for and attend hearing on attachment 2.40 708.00 AHC
Jan-27-20 Research results of Attachment Hearing and 0.30 127.50 EOJ
strategy related to resolution
Analysis re hearing and next steps; Call client 0.70 206.50 AHC
and prepare and send follow up email
Jan-28-20 Call with client re case status and set meeting; 0.70 0.00 AHC
Prepare and send follow up email re same
Jan-29-20 Meeting with client with update and approach 1.00 425.00 EOJ
to strategy for remainder of case
NO CHARGE: Meeting with client re case 1.00 0.00 AHC
status and next steps
Invoice #: Settle Page 4 November 2, 2020
Jan-31-20 Interest Due on Amounts Outstanding for 30 168.62 EOJ
Days or more.
Feb-04-20 Telephone conference with Michelle Marden 0.40 170.00 EOJ
to obtain information and insight from her
about opposing party and opposing counsel
Feb-29-20 Interest Charge 201.20 EOJ
Mar-10-20 Contact client regarding status of case and 0.20 59.00 AHC
attachment
Mar-20-20 Prepare letter to client re next steps 1.20 354.00 AHC
Mar-31-20 Interest Charge 0.00 206.77 EOJ
Totals 47.00 $13,918.02
DISBURSEMENTS
Oct-10-19 Placer County Superior Court; Filing fee: 435.00
Answer
Nov-06-19 Federal Express: overnight delivery to Richard 25.74
Gray
Dec-24-19 Federal Express: overnight delivery to: The 25.68
Law Offices of Richard Gray
Totals $486.42
Total Fees & Disbursements $14,404.44
Transferred from Trust $0.00
Previous Balance $14,404.44
Previous Payments $0.00
Balance Due Now $28,808.88
EXHIBIT B
Client Activity Report (11/02/2020)
Betsey Alessi
1857-001: Defend Complaint to collect unpaid rent (Eric Jeppson)
Date Status User Description Note Quantity Price Total
Billed Eric Altention to email correspondence from opposing counsel, ick 0.40 $425.00 $170.00
09/21/2020 Jeppson Gray, regarding proposed judgment
Billed Eric Finalize proposed judgment and correspondence to opposing 0.30 $425.00 $127.50
09/18/2020 Jeppson counsel regarding same
Billed Eric Attention to revisions to Proposed Judgment 0.30 $425.00 $127.50
09/17/2020 Jeppson
Billed Annabel Prepare revisions to proposed judgment and draft email to R. Gray 0.50 $295.00 $147.50
09/17/2020 Chang
Billed Eric Receive email correspondence from opposing counsel regarding 0.80 $425.00 $340.00
09/16/2020 Jeppson Proposed Judgment for our review;
Billed Annabel Review proposed judgment from R. Gray; Research re requirements 1.20 $295.00 $354.00
09/16/2020 Chang re parties’ signatures to judgment; Prepare revisions to judgment
Billed Annabel Review and analysis of revised statement of decision from court 0.50 $295.00 $147.50
09/14/2020 Chang
Billed Eric Telephone conference with opposing counsel, Dick Gray, regarding 0.30 $425.00 $127.50
09/11/2020 Jeppson proposed judgment from court; Reveiw and research court's
statement of decision regarding same
Billed Annabel Review local rules to determine filing requirements; Analysis with E. 0.90 $295.00 $265.50
09/01/2020 Chang Jeppson re next steps; Prepare letter to judge re objections
Billed Eric Attention to Court's Ruling and attorneys’ fees issue 0.80 $425.00 $340.00
09/01/2020 Jeppson
Billed Barb Filing fees incurred filing letter with the Court regarding 1,00 $3.95 $3.95
09/01/2020 Taylor Administrative Oversight.
Billed Barb Fees relating to the filing of Defendant's Objections to Plaintiffs 1.00 $3.95 $3.95,
08/26/2020 Taylor Objections to Proposed Statement of Decision
Billed Eric Revise and finalize Objections to JMK’s objections to Proposed 0.40 $425.00 $170.00
08/25/2020 Jeppson Decision
Billed Annabel Prepare objections to Plaintiff's objections to proposed statement of 2.60 $295.00 $767.00
08/25/2020 Chang decision; Review revisions and finalize objections
115
Billed Annabel Review plaintiff's objections to proposed statement of decision; 0.70 $295.00 $206.50
08/21/2020 Chang Research re procedure;
Billed Eric Attention to objections filed by opposing counsel; research regarding 0.30 $425.00 $127.50
08/21/2020 Jeppson same
Billed Eric Attention to objections plaintiff's counsel filed with court regarding 0.40 $425.00 $170.00
08/20/2020 Jeppson order and research regarding same; Strategy about closing out this
case and filing attorneys fee motion
Billed Annabel Review of court's judgment for prevailing party determination; 1.20 $295.00 $354.00
08/19/2020 Chang Analysis re motion for attorney fees
Billed Annabel Review tentative decision from court; Prepare and send email to 1.00 $295.00 $295.00
08/13/2020 Chang client reporting; Analysis re timing for proposed judgment and motion
for attorney fees
Billed Eric Attention to correspondence from escrow company; telephone 1.20 $425.00 $510.00
08/10/2020 Jeppson conference with client; telephone message to Dick Gray and email
correspondence regarding Release of Attachment Lien; Telephone
conference with client regarding same
Billed Annabel Prepare draft email re agreementto hold attachment proceeds in 0.40 $295.00 $118.00
08/10/2020 Chang trust
Billed Annabel Prepare memo re attachment lien and payoff demand issue 2.10 $295.00 $619.50
08/09/2020 Chang
Billed Eric Telephone conference with client and title company on the close of 0.40 $425.00 $170.00
08/07/2020 Jeppson her personal residence regarding payoff demand from plaintiff
Billed Annabel NO CHARGE: Telephone call from client re sale of home, trial 0.30 $0.00 $0.00
07/28/2020 Chang update and liquor license sale
Billed Eric Attend Trial 6.00 $425.00 $2,550.00
07/17/2020 Jeppson
Billed Annabel Prepare trial brief, exhibit list, statement of case; Analysis with E. 5.40 $295.00 $1,593.00
07/16/2020 Chang Jeppson re mitigation issues; Research re mitigation credit for
delayed replacement lease
Billed Susan Review exhibits and prepare trial binders. 3.30 $125.00 $412.50
07/16/2020 Heu
Billed Eric Prepare for trial 2.50 $425.00 $1,062.50
07/16/2020 Jeppson
Billed Annabel Analysis with B. Taylor re remote appearance for trial 0.10 $295.00 $29.50
07/15/2020 Chang
Billed Annabel Analysis re factual or legal issues remaining for trial and prepare 2.20 $295.00 $649.00
07/14/2020 Chang memo re same
Billed Eric Attention to trial preparation 1.20 $425.00 $510.00
07/14/2020 Jeppson
2/5
Billed Eric Telephone conference with client regarding settlement; Continue 2.90 $425.00 $1,232.50
07/10/2020 Jeppson correspondence and negotiations with opposing counsel; Continue
negotiations with replacement tenant for sale of liquor license.
Billed Annabel Review and analysis of plaintiff's damages calculations for purposes 1.40 $295.00 $413.00
07/09/2020 Chang of settlement; Analysis with E. Jeppson re settlement; Research re
mitigation of damages
Billed Eric Telephone conference with Dick Gray negotiating settlement; 3.20 $425.00 $1,360.00
07/09/2020 Jeppson Research regarding same
Billed Eric Attention to response letter for negotiating settlement; Telephone 1,80 $425.00 $765.00
07/08/2020 Jeppson conference with Rod Dennis, attorney for replacement tenant,
regarding liquor license transfer
Billed Annabel Review lease to confirm commission amounts; Analysis re difference 1.10 $295.00 $324.50
07/08/2020 Chang between leases; Revise response to R. Gray re settlement
Billed Susan Continue batestamp and mark discovery document production to 0.20 $125.00 $25.00
07/08/2020 Heu identify with the specific request number to which to the documents
respond
Billed Annabel Analysis re trial-related deadlines and prepare notice to appear, 4.10 $295.00 $1,209.50
07/07/2020 Chang Review settlement response and prepare response to R. Gray
Billed Eric Telephone conference with Tamara, general manager of 0.80 $425.00 $340.00
07/07/2020 Jeppson replacement tenant, regarding liquor license; Telephone conference
with opposing counsel, Dick Gray, regarding negotiations to settle
Billed Eric Attention to possible settlement and stipulations to avoid trial 1.40 $425.00 $595.00
07/06/2020 Jeppson readiness; Telephone conference with opposing counsel regarding
same and negotiate resolution; research regarding same and
strategy of trial readiness issues
Billed Susan Batestamp and mark discovery document production to identify with 0.50 $125.00 $62.50
07/06/2020 Heu the specific request number to which to the documents respond
Billed Annabel Further prepare memo on mitigation of damages, settlement, 2.90 $295.00 $855.50
07/06/2020 Chang damages calculation; Analysis with E. Jeppson re next steps; Call to
ABC re portability of liquor license; Call with R. Gray re settlement
Billed Annabel Finalize discovery responses for service to JMK 0.30 $295.00 $88.50
06/26/2020 Chang
Billed Eric Attention to discovery responses and strategy of settling this case 0.40 $425.00 $170.00
06/25/2020 Jeppson
Billed Annabel Finalize responses and verifications and email to client 1.30 $295.00 $383.50
06/25/2020 Chang
Billed Annabel Further draft responses to form and special interrogatories, requests 4.80 $295.00 $1,416.00
06/24/2020 Chang for admission
Billed Annabel Further draft responses to special and form interrogatories, requests 2.00 $295.00 $590.00
06/23/2020 Chang for admission, request for production of documents
Billed Annabel Analysis with E. Jeppson re discovery, next steps; Check court 3.50 $295.00 $1,032.50
06/22/2020 Chang website re continuance; Draft responses to form and special
interrogatories, requests for admission
3/5
Billed Eric Research regarding damages claim and how to work towards a 1.40 $425.00 $595.00
06/22/2020 Jeppson resolution in an attempt to find a resolution and take matter off
calendar and settle
Billed Eric NO CHARGE: Visit with client at her home to discuss status of case, 0.80 $0.00 $0.00
06/19/2020 Jeppson discovery responses and strategy moving forward
Billed Eric Attention to matter regarding discovery and trial preparation 0.20 $425.00 $85.00
06/15/2020 Jeppson
Billed Annabel Draft responses to special interrogatories 1,50 $295.00 $442.50
06/03/2020 Chang
Billed Annabel Prepare and send email to OPC re extension of time for discovery 0.40 $295.00 $118.00
05/22/2020 Chang responses
Billed Eric Follow up research and attention to matter for discovery and 0.20 $425.00 $85.00
05/18/2020 Jeppson determination of withdrawing from the case
Billed Annabel Confirm Placer Court rules re trials and related deadlines; Respond 0.40 $295.00 $118.00
05/06/2020 Chang to B. Taylor's email re same
Billed Annabel Prepare and send email to client; Follow up call 0.20 $295.00 $59.00
05/04/2020 Chang
Billed Annabel Review discovery requests from plaintiff; Analysis re next steps and 1.30 $295.00 $383.50
04/24/2020 Chang attempt to contact client; Research re calculation of landlord's
damages
Billed Eric Balance carried forward from previous billing software 1.00 $14,404.44 $14,404.44
03/31/2020 Jeppson
Billed Total: 77.70 hours, $39,622.34
Unbilled Annabel Prepare and finalize declaration in support of motion for attorney's 1.20 $295.00 $354.00
11/02/2020 Chang fees
Unbilled Annabel Review and further revise motion for attorney's fees; Research re 1.10 $295.00 $324.50
10/30/2020 Chang same
Unbilled Eric Attention to Motion for Attorney Fees 0.40 $425.00 $170.00
10/30/2020 Jeppson
Unbilled Annabel Prepare motion and opposition re prevailing party attorney fees 1.90 $295.00 $560.50
10/29/2020 Chang
Unbilled Annabel Prepare motion and opposition re prevailing party attorney fees 2.30 $295.00 $678.50
10/28/2020 Chang
Unbilled Eric Attention to Motion for Attomeys' Fees 0.30 $425.00 $127.50
10/27/2020 Jeppson
Unbilled Annabel Call with R. Gray re rescheduling motion hearing; Analysis re same 0.50 $295.00 $147.50
10/27/2020 Chang
4/5
Unbilled Annabel Prepare motion for attorney's fees 1.00 $295.00 $295.00
10/14/2020 Chang
Unbilled Barb Drafted Costs Memorandum Worksheet and Summary. 0.50 $75.00 $37.50
10/13/2020 Taylor
Unbilled Eric Attend hearing on OSC for Proposed Judgment 2.30 $425.00 $977.50
10/02/2020 Jeppson
Unbilled Annabel Review court's tentative ruling re OSC and check court docket 0.30 $295.00 $88.50
10/01/2020 Chang
Unbilled Total: 11.80 hours, $3,761.00
Matter Total: 89.50 hours, $43,383.34
Client Total: 89.50 hours, $43,383.34
Total: 89.50 hours, $43,383.34
5/5
PROOF OF SERVICE
CASE TITLE: JMK Golf LLC v. Betsey Alessi, et al.
Court: Placer County Superior Court
CASE No.: S-CV-0043612
Iam a citizen of the United States, and I am employed in Placer County, State of
California. My business address is 1478 Stone Point Drive, Suite 100, Roseville, CA 95661. I
am over the age of 18 years and not a party to the above-entitled action.
I am familiar with JEPPSON & GRIFFIN, LLP’S office practice whereby the mail is sealed,
given the appropriate postage and placed in a designated mail collection area. Each day’s mail is
collected and deposited in the U.S. mailbox after the close of each day’s business.
On November 2, 2020, I served the following:
DECLARATION OF ANNABEL H. CHANG IN SUPPORT OF DEFENDANT BETSEY
ALESSI’S CROSS-MOTION FOR DETERMINATION OF PREVAILING PARTY,
10 ATTORNEY’S FEES AND TO STRIKE PLAINTIFF’S COSTS AND IN OPPOSITION
TO PLAINTIFF’S MOTION FOR AWARD OF REASONABLE ATTORNEY’S FEES
1
Mon the party(ies) in this action by causing a true copy(ies) thereofto be placed in a sealed
12 envelope with postage thereon fully prepaid and deposited in the designated area for
outgoing U.S. Mail addressed as follows:
13
14 on the party(ies) in this action by causing a true copy(ies) thereof to be delivered by hand
as follows:
15
on the party(ies) in this action by causing a true copy(ies) thereof to be delivered by
16 Overnight Delivery in a sealed envelope(s) with receipts affixed thereto promising overnight
delivery thereof addressed as follows:
17
18 on the party(ies) in this action by causing a true copy(ies) thereof to be delivered by
electronic transmission at the email address below:
19
Richard H. Gray
20 Law Office of Richard H. Gray
1500 River Park Drive, Suite 115-B
21
Sacramento, CA 95815-4607
22 Ph: (916) 929-7730
F (916) 929-8967
23 Email: rhg@rgraylawoffice.com
24 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct, and that this declaration is executed on November 2, 2020, at
25 Roseville, California.
26
Dinh typ
27
28 BARB TAYLOR
PROOF OF SERVICE