Preview
Dennis M. Wilson (State Bar No. 43877) Superior Court of California
County of Butte
dwilson@wilsonlawfirmca.com
Justin A. Berg (State Bar No. 335451)
jberg@wilsonlawfirmca.com
10/29/2021
Wilson Law Firm, A Professional Corporation
Bia om
50 Iron Point Circle, Suite 115
Folsom, California 95630
Deputy
Telephone: (916) 608-8891 ruicaily FILED
Facsimile: (916) 608-8892 “¢
Attorneys for HK Deluxe, LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF BUTTE
10
No. 19CV01079
11 CPI CHICO BENEFICIARY LLC et al.,
12 Plaintiffs, Declaration of Ronald Melchin in
Support of Motion for Order
13 vs.
Awarding Attorney’s Fees and Costs
14 HK DELUXE, LLC,
Dept: 1
Defendant.
15 Date: January 5, 2022
16
Time: 9:00 a.m.
Judge: Hon. Tamara Mosbarger
And Related Cross-Action.
17
18
19 I, Ronald Melchin, declare:
20 1. Iam an attorney at law licensed to practice in California, and I am an attorney
21 of record for HK Deluxe, LLC (hereinafter “HK”) in this action. I have personal
22 knowledge of the matters contained in this declaration and, if called as a witness to
23 testify, I could and would competently testify to them.
24 2. I have been practicing law since I was admitted to the California State Bar in
25 1988. Over the past 20 years my practice has emphasized the areas of general business
26 law, corporations, real estate, securities, taxation, trusts, estate planning, and non-profit
27 organizations, I have extensive experience in negotiating and drafting commercial lease
28 agreements such as the lease agreements at issue in this case. 1 am also corporate
1
Declaration of Ronald Melchin Supporting Motion for Attorney's Fees and Costs
counsel for HK Deluxe, LLC. My hourly rate is $245 per hour, which is reasonable for an|
attorney with my experience, skill, and education.
3. lrepresented HK Deluxe in negotiating and drafting this triple net ground
lease. From the very beginning of this transaction, the purpose was to develop and
operate a Walgreens store for an initial twenty-five term. My client would never have
entered into these contracts if the subtenant and ground lessee could terminate the
transaction at will. I spent a lot of time consulting with Dennis Wilson and Justin Berg
about the issues and facts involved in this case. Our legal discussions and analysis were
necessary to solving the complex issues presented in this case. Even with a solid
10 background in corporate and real estate law, the legal issues at stake were challenging
di and time consuming. I was necessary in this action because of my personal knowledge
12 and experience with the contract that was at issue, as well as because of my background
13 in real estate and corporate law.
14 4. HK Deluxe, LLC carefully negotiated the triple net ground lease for an initial
15, term of 25 years. The contract fee provisions were also carefully negotiated in order to
16 prevent this type of expensive and relentless litigation. Plaintiffs created and pursued
17 this expensive litigation to the fullest extent possible. My involvement throughout the
18 litigation was necessary and the amount of time I dedicated to this case was reasonable.
19 I believe that the amount requested is reasonable given my necessary involvement in the
20 case.
21 5. Attached as Exhibit A to this declaration is the detailed summary of each task
22 that I billed in this case and the amount charged for each task. The following is a
23 summary of the reasonable and necessary legal work that I performed:
24 ° Reviewed ground lease.
25 ° Correspondence from counsel for ground lessee and client.
26 ° Drafted letter to Daniel Eliades. Discussed with client.
27 fl
28 M1
2
Declaration of Ronald Melchin Supporting Motion for Attorney’s Fees and Costs
Reviewed all lease agreements. Correspondence with opposing counsel and
client.
Reviewed the complaint and conferred with Dennis Wilson about the
allegations contained in the complaint.
Drafted letter to opposing attorney.
Reviewed Answer to Complaint.
Conference with Dennis Wilson regarding answer and amended cross-
complaint.
Reviewed amended cross-complaint.
10 Several conferences with Dennis Wilson, Justin Berg, and client regarding
11 status of the litigation and strategy.
12 Reviewed file and documents.
13 Further conferences with Dennis Wilson and Justin Berg regarding litigation
14 strategy.
15 Conferences with Dennis Wilson and Justin Berg regarding Motion for
16 Judgment on the Pleadings. Reviewed motion and made edits and changes.
17 Reviewed opposition to motion.
18 Conferences with Dennis Wilson regarding plaintiffs’ opposition to the
19 motion.
20 Reviewed the reply brief.
21 Conferences with Dennis Wilson, Justin Berg, and client regarding the reply
22 brief.
23 Reviewed amended complaint and conferences with Dennis Wilson to discuss
24 Review of documents and public records related to the issues raised.
25 Further conferences with Dennis Wilson and client.
26 Researched law related to Ground Lessor with a sublease in effect and law
27 regarding termination of such.
28 Reviewed demurrer and motion to strike second amended complaint.
3
Declaration of Ronald Melchin Supporting Motion for Attorney’s Fees and Costs
Multiple meetings with Dennis Wilson and Justin Berg to discuss these
pleadings.
Reviewed second amended complaint.
Several conferences with Dennis Wilson about the demurrer to the second
amended complaint.
Research regarding Motion for Attorney Fees and Memorandum of Points
and Authorities. Conferences with Dennis Wilson.
Telephone calls and conferences with client and Dennis Wilson regarding the
status of the litigation.
10 The total hours for my services are 48.60 for a total of $11,809.00 in fees.
1 I declare under penalty of perjury under the laws of the state of California that
the foregoing is true and correct.
Bene
12
13 Date: October 28, 2021
Ronald Melchin,
14 Attorney for HK Deluxe, LLC
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Declaration of RonaidTeMelchin Supporting Motion for Attorney’s Fees and Costs
Exhibit A
Law Offices of Ronald H. Melchin,
a professional corporation
50 Iron Point Circle, Suite #115
Folsom, CA 95630
Telephone: (916) 608-8891
HK Deluxe, LLC October 27, 2021
c\o Bankim Patel/President
9162 Cedar Ridge Drive
Granite Bay, CA. 95746
In Reference To: General Business
Professional Services
Rate Tax# _ Amount
9/5/2018 - RHM Review Ground Lease; 441.00
review correspondence; 245.00/br
telephone call with Bankim;
letter to Daniel Eliades.
PIC Draft letter to Daniel Eliades per RHM notes; 32.50
revise per RHM additional notes; 105.00/hr
email draft to Bankim for review and file.
9/6/2018 - PIC Finalize letter| 21.00
email same to Eliades; 105.00/hr
copy to client.
10/1/2018 - RHM Review correspondence; 98.00
review file; 245.00/br
telephone call to Jodie at KNL.
10/2/2018 - RHM Review Lease; 269.50
telephone call with opposing counsel; 245.00/hr
telephone call with Bankim.
1/4/2019 - RHM Letter to client regarding corporate compliance; 49.00
review Secretary of State information for 245,00/hr
SURTI.
4/12/2019 - RHM Review complaint. 73.50
245.00/hr
HK Deluxe, LLC Page 2
Rate Tax# Amount
4/22/2019 - RHM Review Complaint; 147.00
conference with Dennis. 245.00/hr
5/1/2019 - RHM Letter to opposing attorney; 245.00
conference with Dennis. 245.00/hr
5/2/2019 - RHM Review Answer to Complaint. 98.00
245.00/hr
5/22/2019 RHM Review Lease for Amended Cross Complaint: >. 245.00
conference with Dennis. 245.00/hr
5/24/2019 RHM Review Amended Cross Complaint. 73.50
245,00/hr
6/19/2019 - RHM Conference with Dennis; 367.50
telephone call with Bankim; 245.00/hr
review correspondence.
6/20/2019 RHM Conference with Dennis; 122.50
telephone call with Bankim. 245.00/hr
8/13/2019 - RHM Conference with Dennis. 122.50
245.00/hr
8/16/2019 - RHM Review file; 122.50
conference with Dennis. 245.00/hr
8/23/2019 - RHM Review documents; 171.50
conference with Bankim. 245.00/hr
9/3/2019 - RHM Conference with Dennis. 122.50
245.00/hr
9/11/2019 - RHM Conference with Dennis. 49.00
245.00/br
10/2/2019 - RHM Conference with Dennis regarding litigation 318.50
strategy. 245.00/hr
10/29/2019 - RHM Conference with Dennis. 49.00
245.00/hr
HK Deluxe, LLC Page 3
Rate Tax# Amount
10/30/2019 - RHM Conference with Dennis; 245.00
review Motion. 245.00/hr
11/12/2019 - RHM Conference with Dennis. 73,50
245.00/hr
11/14/2019 - RHM Review Pleading; 196.00
conference with Dennis. 245.00/hr
12/10/2019 - RHM Conference with Dennis 49,00
245.00/hr
12/13/2019 - RHM Conference with Dennis. 49.00
245.00/hr
1/6/2020 - RHM Conference with Dennis 49,00
245.00/hr
1/10/2020 - RHM Conference with Dennis; 245.00
review Reply brief. 245.00/hnr
1/13/2020 - RHM Conference with Dennis; 269.50
review and revise Pleading. 245.00/hr
1/14/2020 - RHM Review Reply Brief. 171,50
245.00/hr
1/21/2020 - RHM Conference with Dennis. 122,50
245.00/hr
1/22/2020 - RHM Conference with Dennis; 245.00
telephone call with Bankim and Dennis. 245.00/hr
1/28/2020 - RHM Review public records; 49,00
a regarding 245.00/hr
2/24/2020 - RHM Review Amended Complaint. 245.00
245.00/br
2/25/2020 - RHM Conference with Dennis. 122.50
245,00/hr
HK Deluxe, LLC Page 4
Rate Tax# _ Amount
3/2/2020 - RHM Conference with Dennis. 49,00
245.00/hr
3/5/2020 - RHM Review document. 122.50
245.00/hr
3/9/2020 - RHM Review documents. 245.00
245.00/br
6/4/2020 - RHM Review public records related to the Plaintiffs, 367.50
conference with Dennis regarding SB 939, 245.00/hr
11/16/2020 RHM Conference with Dennis. 49.00
245.00/hr
1/8/2021 RHM Telephone call with Bankim; 122.50
conference with Dennis. 245.00/br
3/19/2021 RHM Conference with Dennis. 147.00
245.00/hr
3/26/2021 RHM Conference with Dennis. 73.50
245.00/hr
4/7/2021 RHM Conference with Dennis; 367.50
research case law related to Grand Lessor and 245.00/hr
Sublease.
4/14/2021 Review Pleading; 245.00
conference with DMW. 245.00/br
5/3/2021 RHM Review pleading; 245.00
conference with Dennis. 245,00/hr
5/4/2021 RHM Research case law regarding ground lease 612.50
termination. 245,00/hr
5/17/2024 RHM Review correspondence, 343.00
telephone call with Bankim; 245.00/hr
conference with Dennis.
6/1/2021 RHM Conference with Dennis; 245.00
telephone call with Bankim. 245.00/hr
HK Deluxe, LLC Page 5
Rate Tax#
_ Amount
6/3/2021 RHM Conference with Dennis. 122.50
245.00/hr
6/7/2021 RHM Conference with Dennis. 98.00
245.00/hr
6/8/2021 RHM Conference with Dennis. 196.00
245.00/hr
6/9/2021 RHM Conference with Dennis. 73.50
245.00/hr
6/17/2021 Conference with Dennis. 122.50
245.00/hr
6/18/2021 RHM Research regarding Motion for Attorney Fees 1,029.00
and Memorandum of Points and Authorities. 245.00/hr
7/15/2021 RHM Conference with Dennis. 122.50
245.00/hr
7/20/2021 RHM Telephone call with Bankim; 245.00
conference with Dennis. 245.00/hr
7/28/2021 RHM Conference with Dennis; 245.00
telephone call with Bankim x2. 245.00/hr
8/2/2021 RHM Conference with Dennis; 563.50
research issues related to Cross Complaint. 245.00/hr
8/11/2021 RHM Conference with Dennis. 245.00
245.00/hr
8/30/2021 RHM Conference with Dennis. 122,50
245.00/hr
For professional services rendered 48,60 $11,809.00
HK Deluxe, LLC Page 6
Additional Charges :
Oty/Price Taxi Amount
8/30/2018 - TR Fee for filing Statement of Information. 1 20.00
20.00
Total costs $20.00
Preview
Dennis M. Wilson (State Bar No. 43877) Superior Court of California County of Butte dwilson@wilsonlawfirmca.com Justin A. Berg (State Bar No. 335451) jberg@wilsonlawfirmca.com 10/29/2021 Wilson Law Firm, A Professional Corporation Bia om 50 Iron Point Circle, Suite 115 Folsom, California 95630 Deputy Telephone: (916) 608-8891 ruicaily FILED Facsimile: (916) 608-8892 “¢ Attorneys for HK Deluxe, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF BUTTE 10 No. 19CV01079 11 CPI CHICO BENEFICIARY LLC et al., 12 Plaintiffs, Declaration of Ronald Melchin in Support of Motion for Order 13 vs. Awarding Attorney’s Fees and Costs 14 HK DELUXE, LLC, Dept: 1 Defendant. 15 Date: January 5, 2022 16 Time: 9:00 a.m. Judge: Hon. Tamara Mosbarger And Related Cross-Action. 17 18 19 I, Ronald Melchin, declare: 20 1. Iam an attorney at law licensed to practice in California, and I am an attorney 21 of record for HK Deluxe, LLC (hereinafter “HK”) in this action. I have personal 22 knowledge of the matters contained in this declaration and, if called as a witness to 23 testify, I could and would competently testify to them. 24 2. I have been practicing law since I was admitted to the California State Bar in 25 1988. Over the past 20 years my practice has emphasized the areas of general business 26 law, corporations, real estate, securities, taxation, trusts, estate planning, and non-profit 27 organizations, I have extensive experience in negotiating and drafting commercial lease 28 agreements such as the lease agreements at issue in this case. 1 am also corporate 1 Declaration of Ronald Melchin Supporting Motion for Attorney's Fees and Costs counsel for HK Deluxe, LLC. My hourly rate is $245 per hour, which is reasonable for an| attorney with my experience, skill, and education. 3. lrepresented HK Deluxe in negotiating and drafting this triple net ground lease. From the very beginning of this transaction, the purpose was to develop and operate a Walgreens store for an initial twenty-five term. My client would never have entered into these contracts if the subtenant and ground lessee could terminate the transaction at will. I spent a lot of time consulting with Dennis Wilson and Justin Berg about the issues and facts involved in this case. Our legal discussions and analysis were necessary to solving the complex issues presented in this case. Even with a solid 10 background in corporate and real estate law, the legal issues at stake were challenging di and time consuming. I was necessary in this action because of my personal knowledge 12 and experience with the contract that was at issue, as well as because of my background 13 in real estate and corporate law. 14 4. HK Deluxe, LLC carefully negotiated the triple net ground lease for an initial 15, term of 25 years. The contract fee provisions were also carefully negotiated in order to 16 prevent this type of expensive and relentless litigation. Plaintiffs created and pursued 17 this expensive litigation to the fullest extent possible. My involvement throughout the 18 litigation was necessary and the amount of time I dedicated to this case was reasonable. 19 I believe that the amount requested is reasonable given my necessary involvement in the 20 case. 21 5. Attached as Exhibit A to this declaration is the detailed summary of each task 22 that I billed in this case and the amount charged for each task. The following is a 23 summary of the reasonable and necessary legal work that I performed: 24 ° Reviewed ground lease. 25 ° Correspondence from counsel for ground lessee and client. 26 ° Drafted letter to Daniel Eliades. Discussed with client. 27 fl 28 M1 2 Declaration of Ronald Melchin Supporting Motion for Attorney’s Fees and Costs Reviewed all lease agreements. Correspondence with opposing counsel and client. Reviewed the complaint and conferred with Dennis Wilson about the allegations contained in the complaint. Drafted letter to opposing attorney. Reviewed Answer to Complaint. Conference with Dennis Wilson regarding answer and amended cross- complaint. Reviewed amended cross-complaint. 10 Several conferences with Dennis Wilson, Justin Berg, and client regarding 11 status of the litigation and strategy. 12 Reviewed file and documents. 13 Further conferences with Dennis Wilson and Justin Berg regarding litigation 14 strategy. 15 Conferences with Dennis Wilson and Justin Berg regarding Motion for 16 Judgment on the Pleadings. Reviewed motion and made edits and changes. 17 Reviewed opposition to motion. 18 Conferences with Dennis Wilson regarding plaintiffs’ opposition to the 19 motion. 20 Reviewed the reply brief. 21 Conferences with Dennis Wilson, Justin Berg, and client regarding the reply 22 brief. 23 Reviewed amended complaint and conferences with Dennis Wilson to discuss 24 Review of documents and public records related to the issues raised. 25 Further conferences with Dennis Wilson and client. 26 Researched law related to Ground Lessor with a sublease in effect and law 27 regarding termination of such. 28 Reviewed demurrer and motion to strike second amended complaint. 3 Declaration of Ronald Melchin Supporting Motion for Attorney’s Fees and Costs Multiple meetings with Dennis Wilson and Justin Berg to discuss these pleadings. Reviewed second amended complaint. Several conferences with Dennis Wilson about the demurrer to the second amended complaint. Research regarding Motion for Attorney Fees and Memorandum of Points and Authorities. Conferences with Dennis Wilson. Telephone calls and conferences with client and Dennis Wilson regarding the status of the litigation. 10 The total hours for my services are 48.60 for a total of $11,809.00 in fees. 1 I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. Bene 12 13 Date: October 28, 2021 Ronald Melchin, 14 Attorney for HK Deluxe, LLC 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Declaration of RonaidTeMelchin Supporting Motion for Attorney’s Fees and Costs Exhibit A Law Offices of Ronald H. Melchin, a professional corporation 50 Iron Point Circle, Suite #115 Folsom, CA 95630 Telephone: (916) 608-8891 HK Deluxe, LLC October 27, 2021 c\o Bankim Patel/President 9162 Cedar Ridge Drive Granite Bay, CA. 95746 In Reference To: General Business Professional Services Rate Tax# _ Amount 9/5/2018 - RHM Review Ground Lease; 441.00 review correspondence; 245.00/br telephone call with Bankim; letter to Daniel Eliades. PIC Draft letter to Daniel Eliades per RHM notes; 32.50 revise per RHM additional notes; 105.00/hr email draft to Bankim for review and file. 9/6/2018 - PIC Finalize letter| 21.00 email same to Eliades; 105.00/hr copy to client. 10/1/2018 - RHM Review correspondence; 98.00 review file; 245.00/br telephone call to Jodie at KNL. 10/2/2018 - RHM Review Lease; 269.50 telephone call with opposing counsel; 245.00/hr telephone call with Bankim. 1/4/2019 - RHM Letter to client regarding corporate compliance; 49.00 review Secretary of State information for 245,00/hr SURTI. 4/12/2019 - RHM Review complaint. 73.50 245.00/hr HK Deluxe, LLC Page 2 Rate Tax# Amount 4/22/2019 - RHM Review Complaint; 147.00 conference with Dennis. 245.00/hr 5/1/2019 - RHM Letter to opposing attorney; 245.00 conference with Dennis. 245.00/hr 5/2/2019 - RHM Review Answer to Complaint. 98.00 245.00/hr 5/22/2019 RHM Review Lease for Amended Cross Complaint: >. 245.00 conference with Dennis. 245.00/hr 5/24/2019 RHM Review Amended Cross Complaint. 73.50 245,00/hr 6/19/2019 - RHM Conference with Dennis; 367.50 telephone call with Bankim; 245.00/hr review correspondence. 6/20/2019 RHM Conference with Dennis; 122.50 telephone call with Bankim. 245.00/hr 8/13/2019 - RHM Conference with Dennis. 122.50 245.00/hr 8/16/2019 - RHM Review file; 122.50 conference with Dennis. 245.00/hr 8/23/2019 - RHM Review documents; 171.50 conference with Bankim. 245.00/hr 9/3/2019 - RHM Conference with Dennis. 122.50 245.00/hr 9/11/2019 - RHM Conference with Dennis. 49.00 245.00/br 10/2/2019 - RHM Conference with Dennis regarding litigation 318.50 strategy. 245.00/hr 10/29/2019 - RHM Conference with Dennis. 49.00 245.00/hr HK Deluxe, LLC Page 3 Rate Tax# Amount 10/30/2019 - RHM Conference with Dennis; 245.00 review Motion. 245.00/hr 11/12/2019 - RHM Conference with Dennis. 73,50 245.00/hr 11/14/2019 - RHM Review Pleading; 196.00 conference with Dennis. 245.00/hr 12/10/2019 - RHM Conference with Dennis 49,00 245.00/hr 12/13/2019 - RHM Conference with Dennis. 49.00 245.00/hr 1/6/2020 - RHM Conference with Dennis 49,00 245.00/hr 1/10/2020 - RHM Conference with Dennis; 245.00 review Reply brief. 245.00/hnr 1/13/2020 - RHM Conference with Dennis; 269.50 review and revise Pleading. 245.00/hr 1/14/2020 - RHM Review Reply Brief. 171,50 245.00/hr 1/21/2020 - RHM Conference with Dennis. 122,50 245.00/hr 1/22/2020 - RHM Conference with Dennis; 245.00 telephone call with Bankim and Dennis. 245.00/hr 1/28/2020 - RHM Review public records; 49,00 a regarding 245.00/hr 2/24/2020 - RHM Review Amended Complaint. 245.00 245.00/br 2/25/2020 - RHM Conference with Dennis. 122.50 245,00/hr HK Deluxe, LLC Page 4 Rate Tax# _ Amount 3/2/2020 - RHM Conference with Dennis. 49,00 245.00/hr 3/5/2020 - RHM Review document. 122.50 245.00/hr 3/9/2020 - RHM Review documents. 245.00 245.00/br 6/4/2020 - RHM Review public records related to the Plaintiffs, 367.50 conference with Dennis regarding SB 939, 245.00/hr 11/16/2020 RHM Conference with Dennis. 49.00 245.00/hr 1/8/2021 RHM Telephone call with Bankim; 122.50 conference with Dennis. 245.00/br 3/19/2021 RHM Conference with Dennis. 147.00 245.00/hr 3/26/2021 RHM Conference with Dennis. 73.50 245.00/hr 4/7/2021 RHM Conference with Dennis; 367.50 research case law related to Grand Lessor and 245.00/hr Sublease. 4/14/2021 Review Pleading; 245.00 conference with DMW. 245.00/br 5/3/2021 RHM Review pleading; 245.00 conference with Dennis. 245,00/hr 5/4/2021 RHM Research case law regarding ground lease 612.50 termination. 245,00/hr 5/17/2024 RHM Review correspondence, 343.00 telephone call with Bankim; 245.00/hr conference with Dennis. 6/1/2021 RHM Conference with Dennis; 245.00 telephone call with Bankim. 245.00/hr HK Deluxe, LLC Page 5 Rate Tax# _ Amount 6/3/2021 RHM Conference with Dennis. 122.50 245.00/hr 6/7/2021 RHM Conference with Dennis. 98.00 245.00/hr 6/8/2021 RHM Conference with Dennis. 196.00 245.00/hr 6/9/2021 RHM Conference with Dennis. 73.50 245.00/hr 6/17/2021 Conference with Dennis. 122.50 245.00/hr 6/18/2021 RHM Research regarding Motion for Attorney Fees 1,029.00 and Memorandum of Points and Authorities. 245.00/hr 7/15/2021 RHM Conference with Dennis. 122.50 245.00/hr 7/20/2021 RHM Telephone call with Bankim; 245.00 conference with Dennis. 245.00/hr 7/28/2021 RHM Conference with Dennis; 245.00 telephone call with Bankim x2. 245.00/hr 8/2/2021 RHM Conference with Dennis; 563.50 research issues related to Cross Complaint. 245.00/hr 8/11/2021 RHM Conference with Dennis. 245.00 245.00/hr 8/30/2021 RHM Conference with Dennis. 122,50 245.00/hr For professional services rendered 48,60 $11,809.00 HK Deluxe, LLC Page 6 Additional Charges : Oty/Price Taxi Amount 8/30/2018 - TR Fee for filing Statement of Information. 1 20.00 20.00 Total costs $20.00