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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
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SZac 12 Trainor Fairbrook. I was the primary contact with the client and directly supervised the other
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13 hourly rates charged by the attorneys at Trainor Fairbrook. In my opinion, the rates charged are
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14 reasonable and customary for attorneys with similar experience performing similar services
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oO 15 within the Sacramento metropolitan area. Exhibit D truly and accurately represents the time
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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
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attorney's fees in connection with the successful defense of claims for breach of contract,
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conversion and alter ego liability. The fee was based on the rates for Trainor Fairbrook attorneys
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of between $205.00 and $375.00 per hour; and rates for Trainor Fairbrook's paralegal between
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$125.00 to $140.00 per hour. One hundred percent of the fees and expenses were awarded. The
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defendants in that case did not contest the reasonableness of either the firm's billing rate of the
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overall fees charged.
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C, On February 13, 2012, in the matter of Western Pacific Housing v.Arlene
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Lawry, et al. in the San Joaquin County Superior Court, after a successful jury trialthe Honorable
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a 11 Lesley Holland awarded 100% of plaintiff's attorneys’ fees in connection with the prosecution of
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12 a claim for breach of a real estate purchase contract. The motion for attorneys’ fees was
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13 unopposed by defendants.
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O 2502s
Ztezee
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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.