DeclarationCal. Super. - 6th Dist.November 20, 2020BRADLEY R. CHIBOS, ES()., N88091 999 W TAYLOR STREET SUITE B SAN JOSE CA 95125 Telephone No.: (408) 998-1694 Fax No.: (408) 292-7181 4 Attorney for Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 10 Plaintiff, 11 vs. 12 MAZEN LAIMON r 13 Defendant. 9 NATALIE T. DAPRILE, ) Case No.: 20CV373872 ) ) DECLARATION IN SUPPORT OF ) DEFAULT JUDGMENT BY COURT ) ) ) ) 14 I, NATALIE T. DAPRILE, declare as follows: 15 1. At all times relevant herein I was an attorney duly 16 licensed to practice before all the courts of the State of 17 California. 18 2. At the request of defendant, HAZEN LAIMON, I performed 19 legal services for his benefit for which he agreed to pay. 20 3. The reasonable value of the services performed for 21 for which I was not paid is $ 25,329.24. 22 23 4. Said sum has been owed since October 15, 2020. 5. The written agreement between the parties provides for the award of attorney's fees in the event legal action is needed to collect on the agreeinent. 27 28 Declaration in Support of Default Judgment by Court Page 1 Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/26/2021 11:31 AM Reviewed By: D Harris Case #20CV373872 Envelope: 5713171 20CV373872 Santa Clara - Civil D Harris 1 6. A true and correct copy of said agreement is attached 2 hereto as Exhibit "A". 3 7. I am requesting that this court enter a judgment in favor of NATALIE T. DAPRILE against MAZEN LAIMON in the principal sum of $ 25,329.24 plus interest from October 15, 2020 in the sum of $ 714.77 costs of suit. of $ 515.00, attorney fees of $ 1,400.00 for a total of $ 27,959.01. The foregoing facts are within my personal knowledge and, 9 if sworn to testify, I could testify competently thereto. I 10 declare under penalty of perjury ll California that the foregoing is 12 under the laws of the State of true and correct. Dated: 1/25/21 NATALIE T. DAPRILE, Plaintiff 16 1B 19 20 21 22 23 24 25 27 28 Declaration in Support of Default Judgment by Court Page 2 FAMILY LAW OFFICES An Association ojAttorneys NArALta T. DApama 'daprge@daprile-beiLrom Cuaar A. BBLL cbegtsdaprile-belt corn March 3, 2020 YSBLLB DobtINGUBz ydommgoeaasdaprde-belL corn RABUHBLLB L. VBLABDS rvelardeedaprile-belL corn ADBLB S. GOLD agoldeedaprile-belLcom Mazen Laimon 252 Palm Valley Blvd., f41 09 San Jose, CA 95123 RE: RETAINER AGREEMENT AND CONTRACT FOR LEGAL SERVICES Dear Mazen: This letter will summarize our retainer agreement, which by law must be in writing. I agree to represent you as your attorney for your dissolution of marriage and domestic violence restraining order matter. In addition to providing high quality legal services to you, I agree to be responsive to you. I place a high priority on returning all of my client's phone calls promptly. In return, I require that you. are honest and forthcoming at all times with me, I further require that you provide me with information snd documentation as I request it. You will be billed for my services at the rate of $475.00 per hour. The other attorneys in the office may cover for me in case of emergency and when I am on vacation. If Cheri Bell works on your case then you will be billed at $475.00 per hour. Senior Associate Attorneys Yselle Dominguez and Raechelle Velarde will be billed at $395.00 per hour. Associate Attorney Adele Gold will be billed at $375,00 per hour. All Paralegals will be billed at $250.00 per hour. Office Manager Annette Lambert will be billed at $ 195 per hour. I will notify you at least 30 days in advance ifthere is any change in our hourly rates. It is understood that you will be working primarily with Raechelle Velarde, All time that is spent on your case is billed to you. This includes consultations, telephone calls, e-mails, travel time, letters, mail review, pleadings, negotiations related to your case, court work, preparation related to your case, depositions, and all other time I spend on your case. You are billed when my staff works on your case and you are billed by every staff person according to their hourly rates, as set forth above. All services will be billed at a minimum .2 hours (12 minutes). To save on fees, I recommend that you call with several questions at one time as opposed to calling several times a week with a question or two. I have found it effective when clients write information and either fax or e-mail it, as then we are clear on what you would like us to do and I have a copy for my file for review at a later date; You will also be billed for actual costs incurred. Costs include, but are not limited to, filing fees, process server fees, deposition costs, appraisal fees and other expert witness fees and all other out-of-pocket costs 1224 Lincoln Avenue, Sen Jose, California 95125 wwwdeprile-belLcom ~ Tdephone (408) 918-0920 ~ Facsimile (408) 918-0925 'CenSed as a Family Law Specialist by the State Bar ofCalifornia Page 1 of 4 in connection with your case. These will be itemized on your bill or will be billed directly to you as opposed to coming out of the retainer you provide me. You need to pay these within 10 days of receipt of such a bill. You have agreed to pay me a retainer of $20,000 as a condition of employing me to represent you as your attorney and if we file a restraining order for you it would be an additional $2,500. This sum will be deposited in a trust account. You authorize me to withdraw these funds from the trust account as billed, which amounts will be applied to my monthly billing of fees and costs in your case. As a convenience toour clients, Daprile-Hell accepts Visa, MastdrCard, Discover and American Express with a 2.5% transaction fee. Checks and e-checks have no additional charge. When your trust account balance reaches $7,500 you shall replenish the trust account by deposit of anadditional retainer of $ 12,500 within ten (10) days of receipt of billing indicating that your balance is lessthan the minimum, The amount of the additional retainer requested may be more than the required minimum trust account balance depending upon the nature of the work in progress or the stage of the proceedings. If your matter is one of the rare cases that actually goes to trial then you must pay a trial retainer which willbe based on the amount of contested issues and the necessary work to get your case ready for trial, Youunderstand that any re'quested additional retainer must be deposited prior to further professional services beirig performed by me. Any trust account balance remaining upon conclusion ofyour case will be refunded to you. You shall receive an itemized bill for fees and costs each month, My bills are due and payable in full on receipt. If payment is not made, I retain the right to secure the payment of fees on liens to be established against your separate property and any property you receive in this action. You are advised and understand that before signing this provision regarding liens, you have the right to consult with an independent attorneyconcerning the lien. Additionally, if you fail to pay the balance owed on your account, I have the right toinstitute legal proceedings against you in order to recover the unpaid balance and interest accrued. In suchan instance, the prevailing party will be awarded attorney's fees and costs incurred in such a proceeding,and this sum will include, without limitation, the value of the time spent by Daprile-Bell's own attorney'sto prosecute or defend such a proceeding, with fees calculated at the normal hourly rate that Daprile-Bell charges to clients. 0 1/ p y / b d //~//:// /.devil.t ll. W. P y t di / d b/echeck at no extra charge, If you would prefer to pay by credit card a 1.6% surcharge will be applied. An interest charge of .83 per month (10% AP R) will be charged on any outstanding balance over 30 days.I reserve the right to withdraw as your attorney for non-payment. If you terminate my services'or anyreason, you must pay all fees, costs and expenses accrued to that date. You agree to provide me with acurrent credit card authorizing me to charge any balance due over 30 days. i Name on Card I Account ¹: F 3 Dipit security code: Billinz address of cr'edit card used above: Page 2 cf 4 Any questiohs concerning the fees billed by me or the adequacy of my professional services will be submitted to binding arbitration under the rules established by the California State Bar and the Santa Clara County Bar Association. If it should become necessary for either of us to litigate any portion of this agreement, the prevailing party shall be entitled to reasonable attorney'ees and court costs. I have not given and cannot give y'ou an estimate of the total cost of your case because family law matters, by their very nature, often become more complex and more time consuming than they first appear. The emotional dynamics of the parties, their sense of cooperation, court requirements, and the demeanor of opposing counsel all have a direct bearing on the amount oftime that will be spent on a case. It is impossible to predict the amount of time that will be required. You have the right to terminate my representation at any time. I also have the same right at all times to withdraw fi'om representing you, subject to an obligation to give you reasonable notice to obtain other counseL If you fail to pay any balance due, or to make additional retainer deposits as requested; if you misrepresent or fail to disclose material facts; if you fail to follow my advice; or if you fail to keep me informed of your current phone number and addresses, I have the right to discontinue work on your case, and withdraw from representation. In this event, you agree promptly to execute a "substitution of attorneyform" at the firms request. I promise to keep you informed of the progress ofyour case, and to send you copies of all court documents, correspondence and other documents received or sent in your case. At times this can result in voluminous copying and if time permits, we may e!ect to contact you to give you the option of reviewing the materials in our office before deciding what you want copied. In the event you discharge this firm and request that your file be sent to another attorney or otherwise copied, you agree to pay the cost of copying your file. Electronically Stored'Information Notice: The law related to Electronically Stored Information (ESI) is rapidly developing. At the very least, you are under an obligation to issue an immediate and appropriate "litigation hold" to persons or entitie's who may possess potentially relevant documents (including ESI) that directs those'custodians to preserve s'uch ESI, pending further direction. Failure to comply with this directive can result in substantial'onetary and evidentiary sanctions. Please confer with me 'prior to deleting any ESI from any ofyour electronic storage devises; You are advised that we maintain an errors and omissions policy. This document creates legal obligations between the parties; please read it carefully. Your signature on this contract means that you accept its terms and provisions and acknowledges that you understand the basis of the fees charged. Under the terms of this contract you agree to be solely responsible for payment of all fees and expenses, regardless of any subsequent court order which may dire'ct some or all of the fees and expenses to be paid from community assets or by your spouse, and regardless of the actual amount of any fees and expenses that may be ordered by the court. Page 3 of4 document represents ow entire fee agreement. I ask that you approve it by signing the enclosed copy and returning it to me. Should you have any questions about this agreement, please feel free to contact me before you sign. I look forward to working with you. Very truly yours, NATALIE T. DAPRILE I have read and agree to the above-stated agreement. Dated: ~/b/408~ *Please make checks payable to Natalie Daprile Trust Account Psac 4 of 4
