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  • Mandarich Development vs. Arsenault Holdingscivil document preview
  • Mandarich Development vs. Arsenault Holdingscivil document preview
  • Mandarich Development vs. Arsenault Holdingscivil document preview
  • Mandarich Development vs. Arsenault Holdingscivil document preview
  • Mandarich Development vs. Arsenault Holdingscivil document preview
  • Mandarich Development vs. Arsenault Holdingscivil document preview
  • Mandarich Development vs. Arsenault Holdingscivil document preview
  • Mandarich Development vs. Arsenault Holdingscivil document preview
						
                                

Preview

TRAINOR FAIRBROOK JOHN D. FAIRBROOK (SBN 105115) jfairbrook@trainorfairbrook.com 980 Fulton Avenue Sacramento, California 95825 Telephone: (916) 929-7000 FI LED ; Facsimile: 916) 929-7111 Superior Court of California kem:5774001 sear Sours Ot Plater JAN 26 1 2018 Attorneys for Defendants ARSENAULT HOLDINGS, LLC; REAL Jake Chgtters f CAPITAL SOLUTIONS, INC.; RCS- Oa Ae Eee oo f DH WINCHESTER, LLC; RCS-WINCHESTER GOLF, ieee Ae RY ST LLC; RCS-WINCHESTER LAND, LLC; RCS- WINCHESTER HOSPITALITY, LLC; RCS- CoO WINCHESTER DEVELOPMENT II, LLC; MARCEL J.C. ARSENAULT; DAVID BENNETT; oO AMY BENNETT; PETER WELLS; TAYLOR 10 COX; RCS-ORCHARD PENRYN, LLC (DOE 1) 1] SUPERIOR COURT OF CALIFORNIA 95825 929-7000 COUNTY OF PLACER 929-7111 FAIRBROOK 12 AVENUE CALIFORNIA Law 13 (916) At (916) FULTON Attorneys MANDARICH DEVELOPMENTS, a Case No. SCV0036592 TRAINOR 14 Telephone: SACRAMENTO, Facsimile: California Corporation, 880 15 Plaintiff, 16 v. 17 DECLARATION OF JOHN D. ARSENAULT HOLDINGS, LLC, a FAIRBROOK IN SUPPORT OF MOTION 18 Colorado limited liability company; REAL FOR ATTORNEYS' FEES CAPITAL SOLUTIONS, INC., a Colorado 19 corporation; RCS-WINCHESTER, LLC, a Date: February 22, 2018 Colorado limited liability company; RCS- Time: 8:30 a.m. 20 WINCHESTER GOLF, LLC, a Colorado Dept: 43 limited liability company; RCS- 21 WINCHESTER LAND, LLC, a Colorado Complaint Filed: July 22, 2015 limited liability company; RCS- Trial Date: October 23, 2017 22 WINCHESTER HOSPITALITY, LLC, a Colorado limited liability company; RCS- 23 WINCHESTER DEVELOPMENT II, LLC, a Colorado limited liability company; 24 MARCEL J.C, ARSENAULT, an individual; PETER WELLS, an individual; 25 TAYLOR COX, an individual; DAVID BENNETT, an individual; AMY 26 BENNETT, et al. 27 Defendants. 28 DECLARATION OF JOHN D. FAIRBROOK IN SUPPORT OF MOTION FOR ATTORNEYS' FEES I,JOHN D. FAIRBROOK declare and say: 1 I am an attorney duly licensed to practice law before allof the courts of the State of California. Additionally, Ihave been admitted to practice before the United States Supreme Court, as well as the following federal courts: Eastern District of California; Northern District of California; Central District of California; District of Arizona; and the United States Court of Appeals for the Ninth Circuit. |am a shareholder in the law firm of Trainor Fairbrook, counsel of record for Plaintiffs in the ahavocniiticd litigation. The information contained herein is personally known to me and, ifcalled as a witness, | would and could competently testify thereto, except where stated upon information and belief. 10 2. I was the primary attorney retained by Defendants to handle the defense of this 11 action. As will be discussed below, I was assisted during discovery by other attorneys within wD N 6 ~*~ PSH O wale oO astr SZac 12 Trainor Fairbrook. I was the primary contact with the client and directly supervised the other Yzrgeag OF50% eae o- 0°%o e-aues- @ “u tae SOS2a 13 hourly rates charged by the attorneys at Trainor Fairbrook. In my opinion, the rates charged are wey ite se yead7 “ o2502e 14 reasonable and customary for attorneys with similar experience performing similar services < Suas oe 22° 7 ee ue oO 15 within the Sacramento metropolitan area. Exhibit D truly and accurately represents the time < wo 16 expended by Trainor Fairbrook attorneys and paralegals at the various rates billed to Plaintiffs. 17 18. As noted above, I was assisted in my preparation of this case by other attorneys in 18 Trainor Fairbrook. In my experience, the rates charged by each of the attorneys and paralegals at 19 Trainor Fairbrook in this case represent both reasonable and customary rates for attorneys and 20 paralegals at their level of experience doing the type of work which was performed. 21 19. During the course of this litigation from 2009 through the present, courts have 22 approved Trainor Fairbrook's rates as reasonable in connection with contractual attorney fee 23 awards. I acted as trial counsel in each of the following actions: 24 a. In the case of Vintage Creek, LLC v.Baniqued, Sacramento County 25 Superior Court in December 2009, the Honorable Brian R. Van Camp awarded fees to our client 26 following the successful prosecution of a claim for breach of a commercial real estate contract. 27 The fee was based on rates for Trainor Fairbrook attorneys of between $185.00 per hour and 28 $350.00 per hour for attorneys and $120.00 to $125.00 per hour for paralegals. DECLARATION OF JOHN D. FAIRBROOK IN SUPPORT OF MOTION FOR ATTORNEYS' FEES b. In September 2011 in the matter of BAPH3 v. DIK Tracy Enterprises, Inc., in the San Joaquin County Superior Court, the Honorable Lesley Holland awarded our client WN attorney's fees in connection with the successful defense of claims for breach of contract, WD conversion and alter ego liability. The fee was based on the rates for Trainor Fairbrook attorneys Fe of between $205.00 and $375.00 per hour; and rates for Trainor Fairbrook's paralegal between nm $125.00 to $140.00 per hour. One hundred percent of the fees and expenses were awarded. The DN defendants in that case did not contest the reasonableness of either the firm's billing rate of the Ss overall fees charged. OO C, On February 13, 2012, in the matter of Western Pacific Housing v.Arlene Oo Lawry, et al. in the San Joaquin County Superior Court, after a successful jury trialthe Honorable Co wm N a 11 Lesley Holland awarded 100% of plaintiff's attorneys’ fees in connection with the prosecution of x Sg~ 6 es SShk Zee FWEAG 12 a claim for breach of a real estate purchase contract. The motion for attorneys’ fees was OD§s0%q e2t4os aitzigre uwSOS2a sQOo~e 13 unopposed by defendants. (a O 2502s Ztezee fe2 ZaubseE 14 Amount 5/26/16 VMB Preparation of case chronology. 4.80 175.00 840.00 5/27/16 VMB_ Review documents insupport of case chronology. 1.20 175.00 210.00 5/31/16 JDF — conference with Bryna Stiefel regarding Execs 10 415.00 41.50 5/31/16 JDF Review document chronology. 50 415.00 207.50 5/31/16 JDF Review documents supporting chronology regarding Belvedere. 1.80 415.00 747.00 5/31/16 VMB_ Preparation of documents in support of the Belvedere project 50 175.00 87.50 chronology. 6/06/16 JDF Review emails and related documents with respect to acquisition 2.80 415.00 1,162.00 of Winchester property. 6/13/16 AEG Analyze 12,000 client documents in preparation for production. 2.90 250.00 725.00 6/14/16 AEG Continue analysis of 12,000 client documents inpreparation for 50 250.00 125.00 production. 6/15/16 AEG Continue analysis of 12,000 client documents inpreparation for 3.30 250.00 825.00 production. 6/16/16 AEG Continue analysis of 12,000 client documents in preparation for 2.90 250.00 725.00 production. 6/17/16 AEG Continue analysis of 12,000 client documents in preparation for 1.80 250.00 450.00 production. 6/19/16 AEG Continue analysis of 12,000 client documents in preparation for 2.20 250.00 550.00 production. 6/20/16 AEG Continue analysis of 12,000 client documents inpreparation for 50 250.00 125.00 production. 6/21/16 AEG Continue analysis of 12,000 client documents inpreparation for 80 250.00 200.00 production. 6/22/16 AEG Continue analysis of 12,000 client documents inpreparation for .80 250.00 200.00 production. 6/24/16 AEG Exchange emails with Rudy Fettig regarding s 40 250.00 100.00 Professional Services This Statement Period $ 7,320.50 All statements aredueuponreceipt. Certain costs incurred prior to the date of this statement mayappear on later statements. TFO55 _T |INOR FAIRBROOK. . RA a I July 14, 2016 Statement #: 253447 Client: RCS-Winchester, LLC Client #: 5774 Matter: Mandarich Developments v. RCS-Winchester Matter #: j SUMMARY OF SERVICES BY PROFESSIONAL Professional Hours Total Alison E. Geddes, Attorney 16.10 4,025.00 John D. Fairbrook, Attorney 5.20 2,158.00 Vicky M. Bell, Paralegal 6.50 1,137.50 TOTALS 27.80 $ 7,320.50 COSTS INCURRED THIS STATEMENT PERIOD Description Amount 3/23/16 Outside Photocopies -Cal Legal Support 8.02 5/02/16 Information search on Gary Mandarich - LexisNexis Risk Solutions 11.79 5/10/16 Westlaw Research Charges 138.01 5/25/16 Westlaw Research Charges ($143.90 Hours - NO CHARGE) .00 6/25/16 Administrative Fee 292.82 Costs Incurred This Statement Period $ 450.64 Total Fees and Costs for this Statement $ 7,771.14 Allstatements are dueuponreceipt. Certain costs incurred prior tothedate of this statement mayappear on later statements, 3 TFOS6 TELEPHONE FEDERAL (916)929-7000 IDENTIFICATION # : TRAtNOR FAIR BROOK FACSIMILE 68-0142998 (918)929-7711 A PROFESSIONAL CORPORATION ATTORNEYS AT LAW POST OFFICE BOX 255824 SACRAMENTO, CALIFORNIA 95865-5824 RCS-Winchester, LLC August 11, 2016 Rudy Fettig Statement #: 253879 c/o Real Capital Solutions Client #: 5774 371 Centennial Parkway, Suite 200 Matter #: 1 Louisville, Colorado 80027 For Professional Services Rendered Through: July 25, 2016 Matter Name: Mandarich Developments v. RCS-Winchester Statement Summary Professional Services This Statement Period $ 9,832.00 Costs Incurred This Statement Period $ 393.28 Total Fees and Costs for this Statement $ 10,225.28 (Remittance Advice is on Last Page) Allstatements are dueuponreceipt. Certain costs incurred prior tothedate ofthis stztement mayappear onlater statements. TFO57 FA!tRBROO K August 11, 2016 Statement #: 253879 Client: RCS-Winchester, LLC Client #: 5774 Matter: Mandarich Developments v. RCS-Winchester Matter #: ] PROFESSIONAL SERVICES RENDERED THROUGH: July 25, 2016 Date Prof Description Of Services Hours Rate Amount 6/28/16 AEG Continue analysis of 12,000 client documents inpreparation for 4.20 250.00 1,050.00 production. 6/29/16 AEG Continue analysis of 12,000 client documents in preparation for 3.40 250.00 850.00 production. 6/30/16 AEG Continue analysis of 12,000 client documents inpreparation for 50 250.00 125.00 production. 6/30/16 JDF Receipt and review of notice of deposition of person most 20 415.00 83.00 qualified at Real Capital Solutions. 7/01/16 AEG Continue analysis of 12,000 client documents inpreparation for 1.90 250.00 475.00 production. 7/01/16 AEG Review Notice of Deposition of Real Capital Solusions' Person 30 250.00 75.00 Most Knowledgeable and Request for Production of Documents. 7/02/16 AEG Continue analysis of 12,000 client documents inpreparation for 4.60 250.00 1,150.00 production. 7/05/16 AEG Review Code of Civil Procedure section 2025.250 regarding 30 250.00 75.00 place of deposition of an organization and strategize regarding Deposition Notice of Person Most Knowledgeable for RCS. 7/05/16 AEG Conduct legal research regarding place of deposition of out of 1.00 250.00 250.00 state defendant's person most knowledgeable. 7/06/16 AEG Conduct further legal research regarding place of deposition of 2.10 250.00 525.00 person most knowledgable of entity party and prepare memorandum regarding same. 7/06/16 AEG Conduct legal research regarding definition of business office for 50 250.00 125.00 purpose of interpreting Code of Civil Procedure section 2025.250. 7/06/16 AEG Identify objections to assert in response to Notice of Deposition 1.10 250.00 275.00 of Real Capital Solution's Person Most Knowledgeable. 7/06/16 AEG Strategize regarding document production of post-termination 20 250.00 50.00 documents. W/11/16 AEG Revise memorandum regarding location of person most 20 250.00 50.00 knowledgeable deposition. WA/16 AEG Preparation of Objection to Deposition of Person Most 1.10 250.00 275.00 Knowledgeable of Real Capital Solutions. All statements aredueuponreceipt. Certain costs incurred prior tothedate of this statement mayappear onlater statements. TFO058 TRAINOR FAIRBROOK August 11, 2016 Statement #: 253879 Client: RCS-Winchester, LLC Client #: 5774 Matter: Mandarich Developments v. RCS-Winchester Matter #: 1 Date Prof Description Of Services Hours Rate Amount T/A2N6 AEG Prepare email to Rudy Fettig regarding (RERECCe 20 250.00 50.00 Redacted 7/14/16 AEG Revise Objection to Notice of Deposition of Person Most .30 250.00 75.00 Knowledgeable for Real Capital Solutions. 7/14/16 AEG Finalize Memorandum regarding location of deposition of 30 250.00 75.00 person most knowledgeable of out of state party to action. TNA/16 AEG ephone conference with Rudy Fettig regarding 30 250.00 75.00 Redacted TH14/16 AEG Strategize regarding additional issues to determine regarding 10 250.00 25.00 person most knowledgeable deposition. T/1A4/16 AEG Telephone conference with Rudy Fettig and Attorney Fairbrook .20 250.00 50,00 regarding eeea TIA/16 AEG Strategize regarding deposition strategy and requested revisions .20 250.00 50.00 to Objection to Notice of Deposition of Person Most Knowledgeable ofPerson Most Qualified of Real Capital Solutions. THA/16 AEG Review email from ie Fettig a -20 250.00 $0.00 TAA/16 AEG Telephone conference with Attorney Weiner regarding intent to 20 250.00 50.00 produce deponents at deposition of person most knowledgeable for Real Capital Solutions and statutory deadline to personally serve objection to deposition notice. TA4/16 AEG Review Code of Civil Procedure section 2025.410(b) regarding 10 250.00 25.00 the calculation of days (calendar vs. court days) for personally serving objection to deposition notice. T4/16 AEG Revise Objection to Notice of Deposition of Person Most .30 250.00 75,00 Qualified of Real Capital Solutions and Request for Production of Documents. TN4/16 AEG _ Exchange emails with Attorney Weiner regarding Objection to 20 250.00 50.00 Person Most Knowledgeable of Real Capital Solutions. TANG JDF Review research memorandum and relevant case authority 1.20 415.00 498.00 regarding objection to notice of deposition of person most knowledgeable at Real Capital Solutions. 7/14/16 JDF Telephone conference with Rudy Fettig regarding ES 20 415.00 83.00 All statements aredueuponreceipt. Certain costs incurred prior to the date of this statement mayappear onlater statements. TFO5S9 TRAINOR anya FAIRBROOK ig iene net icinnaneienn ictateesanmaattatincatt August 11, 2016 Statement #: 253879 Client: RCS-Winchester, LLC Client #: 5774 Matter: Mandarich Developments v. RCS-Winchester Matter #: 1 Date Prof Description Of Services Hours Rate Amount notice. 7/14/16 IJDF Prepare correspondence to Bryna Stiefel regarding 50 415.00 207.50 7/14/16 JDF Review and revise objection to notice of deposition of person 40 415.00 166.00 most knowledgeable at Real Capital Solutions. 7/18/16 AEG Analyze meet and confer correspondence to objection to 30 250.00 75.00 deposition notice of person most knowledgeable from Real Capital Solutions. 7/18/16 AEG Analyze authority cited by Attorney Weiner in meet and confer 70 250.00 175,00 correspondence regarding deposition of Real Capital Solutions’ Persons Most Knowledgeable. 7/19/16 AEG Continue analysis of 12,000 client documents inpreparation for 1.10 250.00 275.00 production. 7/20/16 AEG Strategize regarding production of documents. 20 250.00 50.00 7/21/16 AEG Conduct legal research addressing issues raised inmeet-and- 70 250.00 175.00 confer letter from Attorney Weiner regarding Real Capital Solutions' objection to Notice of Deposition of Person Most Qualified. 7/21/16 AEG Prepare response to Attorney Weiner's meet-and-confer 1.70 250.00 425.00 correspondence regarding Objection to deposition notice of RCS' Person Most Qualified. 7/21/16 AEG Research regarding Real Capital Solutions persons most 1.00 250.00 250.00 knowledgeable, legal authority pertaining to lack of ability to compel foreign persons most knowledgeable to submit to depositions in California, meet-and confer letterprepared by Attomey Weiner and response thereto. 7/21/16 JDF Strategize regarding meet and confer letter. 50 415.00 207.50 7/22/16 JDF Review Califomia decisions and statutory authority with respect 1.60 415.00 664.00 to compelling attendance of out of state non-resident witnesses. 7/22/16 JDF Prepare meet and confer letterto Attorney Weiner regarding 1.20 415.00 498.00 Person Most Knowledgeable deposition notice. Professional Services This Statement Period $ 9,832.00 SUMMARY OF SERVICES BY PROFESSIONAL Professional Hours Total Alison E. Geddes, Attorney 29.70 7,425.00 All statements are dueuponreceipt. Certain costs incurred prior tothedate ofthis statement mayappear on later statements. TFO6O IN OR FAIRBROOK August 11, 2016 Statement #: 253879 Client: RCS-Winchester, LLC Client #: 5774 Matter: Mandarich Developments v. RCS-Winchester Matter #: 1 Professional Hours Total John D. Fairbrook, Attorney 5.80 2,407.00 TOTALS 35.50 $ 9,832.00 COSTS INCURRED THIS STATEMENT PERIOD Description Amount 7/25/16 Administrative Fee 393.28 Costs Incurred This Statement Period $ 393.28 Total Fees and Costs for this Statement $ 10,225.28 All stavements aredueuponreceipt. Certain costs incurred prior to the date of this statement mayappear on later statements. TFO61 TELEPHONE FEDERAL (978)929-7000 IDENTIFICATION # TRAIlLNOR FA!IRBROOK FACSIMILE 68-0142998 Ip16)RAAF 14 A PROFESSIONAL CORPORATION ATTORNEYS AT LAW POST OFFICE BOX 255824 SACRAMENTO, CALIFORNIA 95865-5824 RCS-Winchester, LLC September 12, 2016 Rudy Fettig Statement #: 255516 c/o Real Capital Solutions Client #: 5774 371 Centennial Parkway, Suite 200 Matter #: 1 Louisville, Colorado 80027 For Professional Seryices Rendered Through: August 25, 2016 Matter Name: Mandarich Developments v. RCS-Winchester Statement Summary Professional Services This Statement Period $ 3,673.50 Costs Incurred This Statement Period $ 447.02 Total Fees and Costs for this Statement $ 4,120.52 (Remittance Advice is on Last Page) All statements aredueuponreceipt. Certain costs incurred prior to the date of this statement maysppear onlater statements. TFO62 —S OS |+ ee TRAINOR FAIRBROOK September 12, 2016 Statement #: 255516 Client: RCS-Winchester, LLC Client #: 5774 Matter: Mandarich Developments v. RCS-Winchester Matter #: ] PROFESSIONAL SERVICES RENDERED THROUGH: August 25, 2016 Date Prof - Description Of Services Hours — Rate Amount 8/03/16 JDF Prepare correspondence to Attorney Weiner regarding out of 40 415.00 166.00 state deposition dates. 8/11/16 JDF Telephone conference with Rudy Fettig. 20 415.00 83.00 8/11/16 JDF Prepare correspondence to Attorney Weiner regarding 40 415.00 166.00 depositions. 8/12/16 JDF Prepare correspondence to Attorney Weiner regarding Colorado 40 415.00 166.00 depositions. 8/12/16 JDF Review deposition subpoena and document request for Colorado .20 415.00 83.00 depositions. 8/15/16 JDF Prepare email toRudy Fettig regarding ERE 20 415.00 83.00 8/15/16 VMB_ Review of email regarding (ES Ccloc .20 175.00 35.00 8/16/16 VMB Organize cases relating to special litigation committees. 40 175.00 70.00 8/17/16 AEG Exchange emails with Hillary Wegner Ieee .20 250.00 50.00 iad=ie (ole (216) 8/17/16 AEG Strategize regarding document production accompanying Notice 20 250.00 50.00 of Deposition of Real Capital Solutions’ Person Most Knowledgeable. 8/17/16 AEG Verify that Plaintiff did not request documents requested within 40 250.00 100.00 Notice of Deposition of Real Capital Solutions’ Person Most Knowledgeable within previously served Requests for Production of Documents. 8/17/16 JDF Further review and analysis of plaintiff's deposition notice of 20 415.00 83.00 persons most knowledgeable categories and documents requested. 8/17/16 JDF Telephone conference with Rudy Fettig regarding .70 415.00 290.50 8/17/16 JDF Strategize regarding documents produced which are responsive .20 415,00 83.00 to the deposition notice of persons most knowledgeable.