Preview
Superior Court of California F
Dennis M. Wilson (State Bar No. 43877)
County of Butte
dwilson@wilsonlawfirmea.com
Justin A. Berg (State Bar No. 335451) 1/26/2022 L
jberg@wilsonlawfirmca.com
Wilson Law Firm, A Professional Corporation
50 Iron Point Circle, Suite 115 Ske
Folsom, California 95630 Deputy
Telephone: (916) 608-8891 Glectronicaily 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 Justin Berg in
Support of Reply to Opposition to
13 VS.
Motion for Order Attorney’s Fees
4 HK DELUXE, LLC, and Costs
Defendant.
15 Dept: 1
16 Date:
Time: 9:00 a.m.
And Related Cross-Action. Judge: Hon. Tamara Mosbarger
17
18
19 I, Justin Berg, declare:
20 1. [am an attorney at law licensed to practice in California and I am an attorney
21 of record for HK Deluxe, LLC in the above-entitled action in Butte County Superior
22 Court Case #19CV01079. HK Deluxe, LLC, is the defendant and cross-complainant in
23 this action. I have personal knowledge of the matters contained in this declaration and,
24 if called as a witness to testify, I could and would competently testify to them.
25 2. I strongly disagree with plaintiffs’ allegations that imply that our client is
26 requesting fees for my unauthorized practice of law. In fact, the type of work I
27 performed was exactly the kind of work that Jaw school students and law school
28 graduates awaiting bar results routinely perform, as well as paralegals.
1
Declaration of Justin Berg Supporting Motion for Attorney’s Fees and Costs
3. Plaintiffs provide no authority for the assertion that “paralegals, by definition,
cannot provide legal analysis independent from that offered by their supervising
attorney.” (Opposition, p. 5: 25-26.) This mere argument has no legal support.
Paralegals are in the profession of performing legal analysis. While it is true that they
cannot provide legal advice, researching and drafting motions is well within their
purview.
4. Dennis Wilson closely supervised all work that I performed in my capacity as a
paralegal. (Declaration of Dennis Wilson, 13.) While the billing records may not provide
the true insight into the degree of supervision of Dennis Wilson, he supervised me in
10 every single task that I performed. We had countless conferences and discussions that
WW were not billed because it is duplicative and excessive. We worked closely together on
12 this case at every stage, even discussing matters at length in the hallways and after work,
13 5. Plaintiff served its opposition via mail even though the parties had an
14 agreement to electronically serve each other under Code of Civil Procedure section
15 1010.6. Attached as Exhibit A is that agreement.
16 6. Plaintiff served its opposition on Wilson Law Firm’s old address. A Notice of
17 Change of Address was served on Plaintiffs’ attorney July 1, 2019. That notice is
18 attached as Exhibit B. Everything has been served electronically in this case aside from
19 plaintiffs’ opposition to this motion. For this reply, however, I had to go onto the court
20 website and obtain a copy of the opposition. I still have not received plaintiffs’
21 opposition from plaintiffs even though today is the deadline to file a reply. This hearing
22 was originally scheduled January 5, 2022. Plaintiffs requested a continuance, and our
23 client willingly agreed to accommodate plaintiffs. While mailing the opposition to the
24 wrong address may have been a genuine mistake, it seems that this was served by mail
25 intentionally rather than electronically per or agreement to cause delay.
26 I declare under penalty of perjury under e laws of the state of California that
27 the foregoing is true and correct.
28 Date: January 26, 2022
Justi erg, Attorney fo: Deluxe, LLC
2
Motion for Ato rmey’s Fees and Costs
Declaration of Justin Berg Supporting Mo!
Exhibit A
From: Rubinstein, Benjamin 1.
To: Analisa Herndon
Coz
Subject: RE: CPL, ae HK Deluxe
Date: Thursday, January 21, 2021 5:14:50 PM
Confirmed.
-Ben
Benjamin |. Rubinstein
K&L Gates LLP
One Newark Center
Tenth Floor
Newark, NJ 07102
And
599 Lexington Avenue
New York, NY 10022
Phone: 973.848.4140
Fax: 973.848.4001
benjamin rubinstein@kigates.com
From: Analisa Herndon
Sent: Thursday, January 21, 2021 5:05 PM
To: Rubinstein, Benjamin |.
Ce: Fox, Daniel W. ; Dennis Wilson
Subject: CPI, et at v HK Deluxe
Hi Ben,
Please confirm that your email address and Daniel Fox’s email address for electronic service is
Benjamin.Rubinstein@kigates.com
and Daniel, Fox@kigates.com.
We confirm that our electronic address for electronic service is dwilson@wilsonlawfirmca.com, with
a copy to aherndon@wilsonlawfirmca.com and jberg@wilsonlawfirmca,com
Thank you,
Analisa Herndon, Assistant
Wilson Law Firm, A Professional Corporation
50 Iron Point Circle, Suite 115
Folsom, CA 95630
O: (916) 608-8891
F: (916) 608-8892
aherndon@wilsonlawfirmca.com
Exhibit B
MC-040
[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Har number, and acres):
Dennis M. Wilson 43877 F Super Pavsiateeene F
County of Butte
Wilson Law Firm,.A Professional Corporation I |
50 Iron Point Circle, Suite 115
Folsom, CA 95630 L 7/1/2019 L
‘TELEPHONE NO.: FAXNO. (Optienel: (916)608-8892] E
oy CECE on
E-MAIL ADDRESS (Optoma: dwilson@wilsonlawfirmca.com.
ATTORNEY FOR (vane): HIK Deluxe
D
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte
‘STREET ADDRESS:
MAILING ADDRESS: : 1775 Concord Avenue
CITY AND ZP CODE: : Chico, 95928
BRANCH NAME: : North Butte County Courthouse
CASE NUMBER:
PLAINTIFF/PETITIONER: CPI Chico Beneficiary LLC 19CV01079
DEFENDANT/RESPONDENT: HK Deluxe LLC JUDICIAL OFFICER:
DEFT.
NOTICE OF CHANGE OF ADDRESS OR OTHER
CONTACT INFORMATION
1. Please take notice that, as of (date): April 16, 2019
oo the following setf-represented party or
(X1 the attomey tor:
Co phaintiff (name):
Cx] defendant (name}: HK Deluxe LLC
Co pstitioner (name):
Co respondent (name):
Co other (describe):
has changed his or her address for service of notices and documents or other contact information in the above-captioned
action.
[1 A Iist ot additional parties represented is provided in Attachment 1.
The new address or other contact information for (name)-Dennis M. Wilson
is as follows:
a Street: 50 Iron Point Circle, Suite 115
b. City: Folsom
c Mailing address (if different from above):
d State and zip code: CA 95630
e. Telephone number: (916) 608-8891
t Fax number (if available): (916) 608-8892
g. E-mail address (if aveftable): dwilson@wilsonlawfirmca.com
All notices and documents regarding the action should be sent to the above addrass.
Date:July 1, 2019
Dennis M. Wilson
{TYPE
OR PRINT NAME} “SIGNATURE OF PARTY OR ATTORNEY) Paget of2
Form Approved for Optional Ute NOTICE OF CHANGE OF ADDRESS OR OTHER Cal, Rules of Court, wiee 2.200 and £816
Jucicial Courcl of California wrwrw.courts.ca.
gov
MC-040 [Rev. January 1, 2013) CONTACT INFORMATION
MG-040
(CASE NUMBER:
PLAINTIFFIPETITIONER: CP] Chico Beneficiary LLC
DEFENDANT/RESPONDENT: HK Deluxe LLC 19CV01079
PROOF OF SERVICE BY FIRST-CLASS MAIL
NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION
(NOTE: This page may be used for proof of service by first-class mail of the Notice of Change of Address or Other Contact
Information. Please use a differentproof of service, such as Proof of Service—Civil {form POS-040), if you serve this notice
by a method other than first class-mall, such as by fax or electronic service. You cannot serve the Notice of Change of
Address or Other Contact Information ff you are a party in the action. The person who served the notice must complete this
proof of service.)
1 At the time of service, | was at least 18 years old and not a party to this action.
2 lam a resident of or employed in the county where the mailing took place. My residence or business address is (specify):
50 Iron Point Circle, Suite 115, Folsom, CA 95630
I served a copy of the Wofice of Change of Address or Other Contact information by enctosing it in a sealed envelope addressed
to the persons at the addresses listed in item 5 and (check one):
a. DX] deposited the sealed envelope with the United States Postal Service with postage fully prepaid.
b. [_] placed the seated envelope for collection and for mailing, following our ordinary business practices. | am readily
familiar with this business's practice for collecting and processing correspondence for mailing. On the same day
correspondence (s placed for collection and mailing, it is deposited in the ordinary course of business with the
United States Postal Service in a sealed envelope with postage fully prepaid.
The Notice of Change of Address or Other Cantact Information was placed in the mail:
4. on (dats): July 1, 2019
b. at (city and state):Folsom, CA
The envelope was addressed and mailed as follows:
a. Name of person served: c. Name of person served:
Daniel Fox
Street address: Four Embarcadero Center. Suite ° Street address:
City: San Francisco ity:
State and zip code: CA 94111 State and zip code:
Name of person served: Name of person served:
Street address: ‘Street address:
City: City:
State and zip code: State and zip code:
oO Names and addresses of additional persons served are atlached. (You may use form POS-030(P),)
Bh
' declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:July 1, 2019
Analisa Herndon
(TYPE OR PRINT NAME OF DECLARANT)
Row (SIGNATURE
MC-040 [Rev, January 4, 2043} NOTICE OF CHANGE OF ADDRESS Page
2 of2
OR OTHER CONTACT INFORMATION
Preview
Superior Court of California F Dennis M. Wilson (State Bar No. 43877) County of Butte dwilson@wilsonlawfirmea.com Justin A. Berg (State Bar No. 335451) 1/26/2022 L jberg@wilsonlawfirmca.com Wilson Law Firm, A Professional Corporation 50 Iron Point Circle, Suite 115 Ske Folsom, California 95630 Deputy Telephone: (916) 608-8891 Glectronicaily 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 Justin Berg in Support of Reply to Opposition to 13 VS. Motion for Order Attorney’s Fees 4 HK DELUXE, LLC, and Costs Defendant. 15 Dept: 1 16 Date: Time: 9:00 a.m. And Related Cross-Action. Judge: Hon. Tamara Mosbarger 17 18 19 I, Justin Berg, declare: 20 1. [am an attorney at law licensed to practice in California and I am an attorney 21 of record for HK Deluxe, LLC in the above-entitled action in Butte County Superior 22 Court Case #19CV01079. HK Deluxe, LLC, is the defendant and cross-complainant in 23 this action. I have personal knowledge of the matters contained in this declaration and, 24 if called as a witness to testify, I could and would competently testify to them. 25 2. I strongly disagree with plaintiffs’ allegations that imply that our client is 26 requesting fees for my unauthorized practice of law. In fact, the type of work I 27 performed was exactly the kind of work that Jaw school students and law school 28 graduates awaiting bar results routinely perform, as well as paralegals. 1 Declaration of Justin Berg Supporting Motion for Attorney’s Fees and Costs 3. Plaintiffs provide no authority for the assertion that “paralegals, by definition, cannot provide legal analysis independent from that offered by their supervising attorney.” (Opposition, p. 5: 25-26.) This mere argument has no legal support. Paralegals are in the profession of performing legal analysis. While it is true that they cannot provide legal advice, researching and drafting motions is well within their purview. 4. Dennis Wilson closely supervised all work that I performed in my capacity as a paralegal. (Declaration of Dennis Wilson, 13.) While the billing records may not provide the true insight into the degree of supervision of Dennis Wilson, he supervised me in 10 every single task that I performed. We had countless conferences and discussions that WW were not billed because it is duplicative and excessive. We worked closely together on 12 this case at every stage, even discussing matters at length in the hallways and after work, 13 5. Plaintiff served its opposition via mail even though the parties had an 14 agreement to electronically serve each other under Code of Civil Procedure section 15 1010.6. Attached as Exhibit A is that agreement. 16 6. Plaintiff served its opposition on Wilson Law Firm’s old address. A Notice of 17 Change of Address was served on Plaintiffs’ attorney July 1, 2019. That notice is 18 attached as Exhibit B. Everything has been served electronically in this case aside from 19 plaintiffs’ opposition to this motion. For this reply, however, I had to go onto the court 20 website and obtain a copy of the opposition. I still have not received plaintiffs’ 21 opposition from plaintiffs even though today is the deadline to file a reply. This hearing 22 was originally scheduled January 5, 2022. Plaintiffs requested a continuance, and our 23 client willingly agreed to accommodate plaintiffs. While mailing the opposition to the 24 wrong address may have been a genuine mistake, it seems that this was served by mail 25 intentionally rather than electronically per or agreement to cause delay. 26 I declare under penalty of perjury under e laws of the state of California that 27 the foregoing is true and correct. 28 Date: January 26, 2022 Justi erg, Attorney fo: Deluxe, LLC 2 Motion for Ato rmey’s Fees and Costs Declaration of Justin Berg Supporting Mo! Exhibit A From: Rubinstein, Benjamin 1. To: Analisa Herndon Coz Subject: RE: CPL, ae HK Deluxe Date: Thursday, January 21, 2021 5:14:50 PM Confirmed. -Ben Benjamin |. Rubinstein K&L Gates LLP One Newark Center Tenth Floor Newark, NJ 07102 And 599 Lexington Avenue New York, NY 10022 Phone: 973.848.4140 Fax: 973.848.4001 benjamin rubinstein@kigates.com From: Analisa Herndon Sent: Thursday, January 21, 2021 5:05 PM To: Rubinstein, Benjamin |. Ce: Fox, Daniel W. ; Dennis Wilson Subject: CPI, et at v HK Deluxe Hi Ben, Please confirm that your email address and Daniel Fox’s email address for electronic service is Benjamin.Rubinstein@kigates.com and Daniel, Fox@kigates.com. We confirm that our electronic address for electronic service is dwilson@wilsonlawfirmca.com, with a copy to aherndon@wilsonlawfirmca.com and jberg@wilsonlawfirmca,com Thank you, Analisa Herndon, Assistant Wilson Law Firm, A Professional Corporation 50 Iron Point Circle, Suite 115 Folsom, CA 95630 O: (916) 608-8891 F: (916) 608-8892 aherndon@wilsonlawfirmca.com Exhibit B MC-040 [ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Har number, and acres): Dennis M. Wilson 43877 F Super Pavsiateeene F County of Butte Wilson Law Firm,.A Professional Corporation I | 50 Iron Point Circle, Suite 115 Folsom, CA 95630 L 7/1/2019 L ‘TELEPHONE NO.: FAXNO. (Optienel: (916)608-8892] E oy CECE on E-MAIL ADDRESS (Optoma: dwilson@wilsonlawfirmca.com. ATTORNEY FOR (vane): HIK Deluxe D ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte ‘STREET ADDRESS: MAILING ADDRESS: : 1775 Concord Avenue CITY AND ZP CODE: : Chico, 95928 BRANCH NAME: : North Butte County Courthouse CASE NUMBER: PLAINTIFF/PETITIONER: CPI Chico Beneficiary LLC 19CV01079 DEFENDANT/RESPONDENT: HK Deluxe LLC JUDICIAL OFFICER: DEFT. NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION 1. Please take notice that, as of (date): April 16, 2019 oo the following setf-represented party or (X1 the attomey tor: Co phaintiff (name): Cx] defendant (name}: HK Deluxe LLC Co pstitioner (name): Co respondent (name): Co other (describe): has changed his or her address for service of notices and documents or other contact information in the above-captioned action. [1 A Iist ot additional parties represented is provided in Attachment 1. The new address or other contact information for (name)-Dennis M. Wilson is as follows: a Street: 50 Iron Point Circle, Suite 115 b. City: Folsom c Mailing address (if different from above): d State and zip code: CA 95630 e. Telephone number: (916) 608-8891 t Fax number (if available): (916) 608-8892 g. E-mail address (if aveftable): dwilson@wilsonlawfirmca.com All notices and documents regarding the action should be sent to the above addrass. Date:July 1, 2019 Dennis M. Wilson {TYPE OR PRINT NAME} “SIGNATURE OF PARTY OR ATTORNEY) Paget of2 Form Approved for Optional Ute NOTICE OF CHANGE OF ADDRESS OR OTHER Cal, Rules of Court, wiee 2.200 and £816 Jucicial Courcl of California wrwrw.courts.ca. gov MC-040 [Rev. January 1, 2013) CONTACT INFORMATION MG-040 (CASE NUMBER: PLAINTIFFIPETITIONER: CP] Chico Beneficiary LLC DEFENDANT/RESPONDENT: HK Deluxe LLC 19CV01079 PROOF OF SERVICE BY FIRST-CLASS MAIL NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION (NOTE: This page may be used for proof of service by first-class mail of the Notice of Change of Address or Other Contact Information. Please use a differentproof of service, such as Proof of Service—Civil {form POS-040), if you serve this notice by a method other than first class-mall, such as by fax or electronic service. You cannot serve the Notice of Change of Address or Other Contact Information ff you are a party in the action. The person who served the notice must complete this proof of service.) 1 At the time of service, | was at least 18 years old and not a party to this action. 2 lam a resident of or employed in the county where the mailing took place. My residence or business address is (specify): 50 Iron Point Circle, Suite 115, Folsom, CA 95630 I served a copy of the Wofice of Change of Address or Other Contact information by enctosing it in a sealed envelope addressed to the persons at the addresses listed in item 5 and (check one): a. DX] deposited the sealed envelope with the United States Postal Service with postage fully prepaid. b. [_] placed the seated envelope for collection and for mailing, following our ordinary business practices. | am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day correspondence (s placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. The Notice of Change of Address or Other Cantact Information was placed in the mail: 4. on (dats): July 1, 2019 b. at (city and state):Folsom, CA The envelope was addressed and mailed as follows: a. Name of person served: c. Name of person served: Daniel Fox Street address: Four Embarcadero Center. Suite ° Street address: City: San Francisco ity: State and zip code: CA 94111 State and zip code: Name of person served: Name of person served: Street address: ‘Street address: City: City: State and zip code: State and zip code: oO Names and addresses of additional persons served are atlached. (You may use form POS-030(P),) Bh ' declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:July 1, 2019 Analisa Herndon (TYPE OR PRINT NAME OF DECLARANT) Row (SIGNATURE MC-040 [Rev, January 4, 2043} NOTICE OF CHANGE OF ADDRESS Page 2 of2 OR OTHER CONTACT INFORMATION