Preview
1 Dennis M. Wilson (State Bar No. 43877)
dwilson@wilsonlawfirmca.com
2
Justin A. Berg (State Bar No. 335451)
3 jberg@wilsonlawfirmca.com 10/29/2021
Wilson Law Firm, A Professional Corporation
4 50 Iron Point Circle, Suite 115
Folsom, California 95630
5 Telephone: (916) 608-8891
Facsimile: (916) 608-8892
6
Attorneys for HK Deluxe, LLC
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
IN AND FOR THE COUNIY OF BUITE
10
11
CPI CHICO BENEFICIARY LLC et al., No. 19CV01079
12 Notice and Motion to Determine That HK
Plaintiffs,
13 Deluxe, LLC, Is the Prevailing Party Under
vs. the Contract and for Order Awarding
14 HK DELUXE, LLC, Attorney's Fees
15 Defendant. Date: January 5, 2022
16 Time: 9 :00 a.m.
Dept: 1
17 And Related Cross-Action.
18
19 TO ALL PARTIES AND THEIR ATTORNEYS:
20 PLEASE TAKE NOTICE that on January 5, 2021 at 9:00 a.m., or as soon
21 thereafter as counsel may be heard in Department 1 of the above-captioned court,
22 located at 1775 Concord Avenue, Chico, California, 95928, Defendant HK Deluxe, LLC,
23 will and hereby does move for an order determining that HK Deluxe, LLC, is the
24 prevailing party under the contract and awarding HK Deluxe, LLC, the sum of
25 $131,507.50 in attorney fees pursuant to the attorney fee provision in the contracts that
26 were at issue in this dispute. The attorney's fees are comprised of: $76,272 in services
27 performed by Dennis Wilson, $41,917.50 in services performed by Justin Berg, $11,809
28 in services performed by Ronald Melchin, and $1,506 in services performed by Analisa
1
Notice and Motion to Determme That HK Deluxe, LLC, Is the Prevailmg Party Under
the Contract and for Order Awarding Attorney's Fees
1 Herndon.
2 This motion is based on the Notice and Motion to Determine That HK Deluxe, LLC,
3 Is the Prevailing Party Under the Contract and for Order Awarding Attorney's Fees; HK
4 Deluxe, LLC's, Memorandum of Points and Authorities in Support of Motion to
5 Determine That HK Deluxe, LLC, Is the Prevailing Party Under the Contract and for
6 Order Awarding Attorney's Fees; the Declaration of Dennis M. Wilson in Support of
7 Motion to Determine That HK Deluxe, LLC, Is the Prevailing Party Under the Contract
8 and for Order Awarding Attorney's Fees; the Declaration of Justin A. Berg in Support of
9 Notice and Motion to Determine That HK Deluxe, LLC, Is the Prevailing Party Under
10 the Contract and for Order Awarding Attorney's Fees; the Declaration of Ronald H.
11 Melchin in Support of Notice and Motion to Determine That HK Deluxe, LLC, Is the
12 Prevailing Party Under the Contract and for Order Awarding Attorney's Fees; the
13 Declaration of Analisa Herndon in Support of Motion to Determine That HK Deluxe,
14 LLC, Is the Prevailing Party Under the Contract and for Order Awarding Attorney's
15 Fees; all filed with this notice; the pleadings and papers on file in this action; and on
16 such other and further argument and evidence as the Court may properly receive.
17 The Court follows the tentative ruling procedure set forth in CRC § 3.1308(a)(1):
18 tentative rulings on law and motion matters will be available on the Court's website at
19 www.buttecourt.ca.gov and by telephone at (530) 532-7022 by 3:00 p.m. on the court
20 day preceding the hearing. If the court has not directed argument, oral argument will be
21 permitted only if a party notifies all other parties and the court by 4:00 p.m. on the
22 court day before the hearing of the party's intention to appear. A party must notify all
23 other parties by telephone or in person. The tentative ruling will become the ruling of
24 the court if the court has not directed oral argument by its tentative ruling and notice of
25 intent to appear has not been given.
26 Dated: October 29, 2021 Wilson La Firm, A Professional Corporation
27
Dennis M. Wilson, Attorney for
28
HK Deluxe, LLC
2
Notice an Motion to Determme T at HK De uxe-l LLC, Is t e Preva1 mg Party Un er
the Contract and for Order Awaraing Attorney's Fees
Preview
1 Dennis M. Wilson (State Bar No. 43877) dwilson@wilsonlawfirmca.com 2 Justin A. Berg (State Bar No. 335451) 3 jberg@wilsonlawfirmca.com 10/29/2021 Wilson Law Firm, A Professional Corporation 4 50 Iron Point Circle, Suite 115 Folsom, California 95630 5 Telephone: (916) 608-8891 Facsimile: (916) 608-8892 6 Attorneys for HK Deluxe, LLC 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNIY OF BUITE 10 11 CPI CHICO BENEFICIARY LLC et al., No. 19CV01079 12 Notice and Motion to Determine That HK Plaintiffs, 13 Deluxe, LLC, Is the Prevailing Party Under vs. the Contract and for Order Awarding 14 HK DELUXE, LLC, Attorney's Fees 15 Defendant. Date: January 5, 2022 16 Time: 9 :00 a.m. Dept: 1 17 And Related Cross-Action. 18 19 TO ALL PARTIES AND THEIR ATTORNEYS: 20 PLEASE TAKE NOTICE that on January 5, 2021 at 9:00 a.m., or as soon 21 thereafter as counsel may be heard in Department 1 of the above-captioned court, 22 located at 1775 Concord Avenue, Chico, California, 95928, Defendant HK Deluxe, LLC, 23 will and hereby does move for an order determining that HK Deluxe, LLC, is the 24 prevailing party under the contract and awarding HK Deluxe, LLC, the sum of 25 $131,507.50 in attorney fees pursuant to the attorney fee provision in the contracts that 26 were at issue in this dispute. The attorney's fees are comprised of: $76,272 in services 27 performed by Dennis Wilson, $41,917.50 in services performed by Justin Berg, $11,809 28 in services performed by Ronald Melchin, and $1,506 in services performed by Analisa 1 Notice and Motion to Determme That HK Deluxe, LLC, Is the Prevailmg Party Under the Contract and for Order Awarding Attorney's Fees 1 Herndon. 2 This motion is based on the Notice and Motion to Determine That HK Deluxe, LLC, 3 Is the Prevailing Party Under the Contract and for Order Awarding Attorney's Fees; HK 4 Deluxe, LLC's, Memorandum of Points and Authorities in Support of Motion to 5 Determine That HK Deluxe, LLC, Is the Prevailing Party Under the Contract and for 6 Order Awarding Attorney's Fees; the Declaration of Dennis M. Wilson in Support of 7 Motion to Determine That HK Deluxe, LLC, Is the Prevailing Party Under the Contract 8 and for Order Awarding Attorney's Fees; the Declaration of Justin A. Berg in Support of 9 Notice and Motion to Determine That HK Deluxe, LLC, Is the Prevailing Party Under 10 the Contract and for Order Awarding Attorney's Fees; the Declaration of Ronald H. 11 Melchin in Support of Notice and Motion to Determine That HK Deluxe, LLC, Is the 12 Prevailing Party Under the Contract and for Order Awarding Attorney's Fees; the 13 Declaration of Analisa Herndon in Support of Motion to Determine That HK Deluxe, 14 LLC, Is the Prevailing Party Under the Contract and for Order Awarding Attorney's 15 Fees; all filed with this notice; the pleadings and papers on file in this action; and on 16 such other and further argument and evidence as the Court may properly receive. 17 The Court follows the tentative ruling procedure set forth in CRC § 3.1308(a)(1): 18 tentative rulings on law and motion matters will be available on the Court's website at 19 www.buttecourt.ca.gov and by telephone at (530) 532-7022 by 3:00 p.m. on the court 20 day preceding the hearing. If the court has not directed argument, oral argument will be 21 permitted only if a party notifies all other parties and the court by 4:00 p.m. on the 22 court day before the hearing of the party's intention to appear. A party must notify all 23 other parties by telephone or in person. The tentative ruling will become the ruling of 24 the court if the court has not directed oral argument by its tentative ruling and notice of 25 intent to appear has not been given. 26 Dated: October 29, 2021 Wilson La Firm, A Professional Corporation 27 Dennis M. Wilson, Attorney for 28 HK Deluxe, LLC 2 Notice an Motion to Determme T at HK De uxe-l LLC, Is t e Preva1 mg Party Un er the Contract and for Order Awaraing Attorney's Fees