Motion For Attorney Fees

Motion

Cal. Super. - 2nd Dist.March 1, 2019

Electronically FILED by 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 uperior Court of California, County of Los Angeles on 07/16/2020 03:41 PM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Hung,Deputy Clerk W. Dan Lee (SBN 289526) [Email: dlee@metallawgroup.com] Ashley J. Lee (SBN 326102) [Email: alee@metallawgroup.com] M.E.T.A.L LAW GROUP LLP 725 S. Figueroa Street, Suite 3065 Los Angeles, California 90012 T| 323.289.2260; F | 323.289.2261 Attorneys for Defendants SOLUTIONS AND MORE, INC., FRANCISCO CLEMENTE and FRANCISCO C. CLEMENTE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT CLAUDIA CAMACHO, Plaintiff, VS. SOLUTIONS AND MORE, INC., SOLUTIONS & MORE. LLC, FRANCISCO CLEMENTE, FRANCISCO C. CLEMENTE, and DOES 1 to 100, inclusive, Defendants. CASE NO. 19STCV07268 [Assigned for all purposes to the Honorable Steven J. Kleifield, in Department 57] DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR ATTORNEY'S FEES UNDER CODE OF CIVIL PROCEDURE SECTION 2031.310 IN THE AMOUNT OF $5,499.65; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ASHLEY J. LEE Hearing Date: October 28, 2020 Time: 8:30 a.m. Dept. 57 Action Filed: March 1, 2019 FAC Filed: June 6, 2019 Jury Trial: June 28, 2021 RES ID: 718551654960 1 DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR ATTORNEY'S FEES UNDER CODE OF CIVIL PROCEDURE SECTION 2031.310; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ASHLEY J. LEE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO THE HONORABLE COURT; ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on October 28, 2020 at 8:30 a.m., or as soon thereafter as this matter may be heard, in Department 57 of the Superior Court of the Los Angeles County, located at 111 N. Hill Street, Los Angeles, California 90012, counsel for Defendants FRANCISCO CLEMENTE and FRANCISCO C. CLEMENTE (collectively, “Defendants”) will, and hereby do, move this Court for attorney’s fees and costs against Plaintiff CLAUDIA CAMACHO and her attorneys of record, SHEGERIAN CONNIFF LLP, jointly and severally, in the amount of $5,499.65. The instant motion is brought pursuant to Code of Civil Procedure section 2031.310, subd. (h) and on the grounds that on July 16, 2020, the Court denied Plaintiff’s untimely motion to compel further responses against Defendant under Code of Civil Procedure section 2031.310, subd. (c) and instructed Defendants to file a motion for attorney’s fees and costs as expressly requested in Defendants’ Opposition to Plaintiff’s motion to compel. This motion is based upon this Notice, the accompanied Memorandum of Points and Authorities, the Declaration of Ashley J. Lee, all of the files and records of this action, and such other matters as may be called to the attention of the Court at or before the hearing. Date: July 16, 2020 Respectfully submitted, M.E.T.A.L. LAW GROUP, LLP W. Dan Lee Ashley J. Lee Defendants SOLUTIONS AND MORE, INC., FRANCISCO CLEMENTE and FRANCISCO C. CLEMENTE 2 DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR ATTORNEY'S FEES UNDER CODE OF CIVIL PROCEDURE SECTION 2031.310; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ASHLEY J. LEE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION On July 16, 2020, this Court denied Plaintiff’s motion to compel Defendants’ production of documents and further written responses without objection to Plaintiffs Requests for Production of Documents (Set One) and for monetary sanctions. In their Opposition to Plaintiff’s motion, Defendants expressly asked for their attorney’s fees and costs in opposing this motion and stated that Defendants would file their application for fees and costs. In denying Plaintiff’s motion, this Court instructed Defendants to file their motion for fees and costs. Accordingly, the present motion is filed under Code Civ. Proc., § 2031.310, subd. (h). II. ARGUMENT “The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a further response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc., § 2030.300(d).) “A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought.” (Code Civ. Proc., § 2023.040.) Code Civ. Proc. § 2031.310, subd. (h) provides in part that “the court shall impose a monetary sanction . . . against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel further response to a demand, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code. Civ. Proc. §2031.310(h), underlined added.) Here, this Court denied Plaintiff's untimely motion, which was filed five months after the statutory time limit under Code Civ. Proc. § 2031.310(c). Therefore, Defendants seek their attorney’s fees and costs in opposing Plaintiff’s motion in the amount of $5,499.65 as delineated in the Declaration of Ashley J. Lee attached hereto. 3 DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR ATTORNEY'S FEES UNDER CODE OF CIVIL PROCEDURE SECTION 2031.310; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ASHLEY J. LEE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III. CONCLUSION For the reasons set forth above, Defendant requests the Court order for monetary sanctions in the amount of $5,499.65 against Plaintiff CLAUDIA CAMACHO and her attorneys of record, SHEGERIAN CONNIFF LLP, jointly and severally, payable to M.E.T.A.L. LAW GROUP LLP within ten (10) days of the Court’s Order. Date: July 16, 2020 Respectfully submitted, M.E.T.A.L. LAW GROUP, LLP W. Dan Lee Ashley J. Lee Defendants SOLUTIONS AND MORE, INC., FRANCISCO CLEMENTE and FRANCISCO C. CLEMENTE 4 DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR ATTORNEY'S FEES UNDER CODE OF CIVIL PROCEDURE SECTION 2031.310; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ASHLEY J. LEE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF ASHLEY J. LEE I, Ashley J. Lee, declare under oath as follows: I. I am an attorney licensed to practice in all courts in the state of California. Iam one of the attorneys of record for Defendants SOLUTIONS AND MORE, INC., FRANCISCO CLEMENTE and FRANCISCO C. CLEMENTE (collectively, “Defendants”) in the above- captioned matter. I know all of the facts set forth herein of my own personal knowledge and, if called as a witness, could and would competently testify hereto. 2. This declaration is submitted in support of Defendants’ motion for reasonable attorney’s fees and costs against Plaintiff CLAUDIA CAMACHO (“Plaintiff”) and her attorneys of record, jointly and severally, pursuant to Code Civ. Proc., § 2031.310(h), in opposing Plaintiff’s motion to compel Defendants’ further responses to Plaintiff’s Request for Production. 3. I am an associate attorney at M.E.T.A.L. LAW GROUP, LLP. My hourly rate is $350.00. Defendants have incurred reasonable attorney’s fees in the amount of $5,250 for my legal service: (i) ten (10) hours for reviewing Plaintiffs motion and drafting Defendants’ opposition; (ii) half an hour (0.5) for the July 16, 2020 hearing; (iii) one and a half (1.5) hours for drafting this motion; (iv) three (3) hours for reviewing Plaintiff’s Opposition, drafting Defendants’ Reply, and appearing for a hearing on this motion (anticipated). Further, Defendants have spent a total of $249.65 for the following costs: (i) $94.00 for my CourtCall appearance for the July 16, 2020 hearing on Plaintiffs motion to compel; (ii) $61.65 for the filing fee for the instant motion; and (iii) $94.00 for my CourtCall appearance for the October 28, 2020 hearing on the instant motion. Therefore, Defendants have incurred a total of $5,499.65 for their attorney’s fees and costs. I declare under penalty of perjury under the laws of California that the foregoing is true and correct, except as to matters herein stated to be on information and/or belief. This declaration was executed on July 16, 2020 at Los Angeles, California. (IA Ashley J. Lee 5 DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR ATTORNEY'S FEES UNDER CODE OF CIVIL PROCEDURE SECTION 2031.310; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ASHLEY J. LEE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am over the age of eighteen years and not a party to the within action; my business address is 725 S. Figueroa Street, Suite 3065, Los Angeles, California 90017. On July 16, 2020, I served the following document(s) described as DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR ATTORNEY'S FEES UNDER CODE OF CIVIL PROCEDURE SECTION 2031.310; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ASHLEY J. LEE on the interested parties in this action as follows: Heather Conniff, Esq. Cortney Shegerian, Esq. SHEGERIAN CONNIFF LLP hc(@shegerianconniff.com cs@shegerianconniff.com 2041 Rosecrans Ave, Suite 355 El Segundo, CA 90245 Attorneys for Plaintiff CLAUDIA CAMACHO BY DESIGNATED ELECTRONIC FILING SERVICE: Pursuant to section 1010.6 of the Code of Civil Procedure and rule 2.253(b) of the California Rules of Court, I caused such document(s) to be electronically filed with the Superior Court of Los Angeles via One Legal, e-filing service provider designated by said court on this date before 5:00 p.m. BY ELECTRONIC MAIL: Based on a court order or an agreement of the parties to accept service by electronic transmission, I caused such document(s) to be delivered by transmitting via electronic mail to the email addresses set forth above. I did not receive a message that delivery was not complete. In compliance with the “Safer at Home” Order issued by the County of Los Angeles on March 19, 2020; our office will remain closed until further notice. As such, service via the United States Postal Service is not possible at this time. This electronic service is in compliance with Code of Civil Procedure section 1010.6 and CRC 2.2.51. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on July 16, 2020, at Los Angeles, California. nA Ashley J. Lee 6 DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR ATTORNEY'S FEES UNDER CODE OF CIVIL PROCEDURE SECTION 2031.310; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ASHLEY J. LEE Journal Technologies Court Portal Court Reservation Receipt Reservation Reservation ID: 718551654960 Reservation Type: Motion for Attorney Fees Case Number: 19STCV07268 Filing Party: Francisco C. Clemente (Defendant) Date/Time: October 28th 2020, 8:30AM Fees Description Motion for Attorney Fees Credit Card Percentage Fee (2.75%) TOTAL Payment Amount: $61.65 Account Number: XXXX1030 < Back to Main = Print Page Copyright © Journal Technologies, USA. All rights reserved. Status: RESERVED Number of Motions: 1 Case Title: JANE DOE vs SOLUTIONS & MORE, INC., et al. Location: Stanley Mosk Courthouse - Department 57 Confirmation Code: CR-9GYMIC48NUUXGRFXR Fee Qty Amount 60.00 1 60.00 1.65 1 1.65 $61.65 Type: AmericanExpress Authorization: 155571