Declaration Filed

Cal. Super. - 5th Dist.July 12, 2021

1 ROBBONTA Attorney General of California 2 CATHERINE WOODBRIDGE Supervising Deputy Attorney General 3 ERICK J. RHOAN Deputy Attorney General 4 State Bar No. 283588 5 6 2550 Mariposa Mall, Room 5090 Fresno, CA 93721 Telephone: (559) 705-2310 E-mail: Erick.Rhoan@doj.ca.gov 7 Attorneys for Defendants Tom Faina, Sandy Galarza, Milton Nchinda, Jamie Schroer and Ian 8 Young 9 10 11 12 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO 14 HERNAN OROZCO, Exemptf,-om Fees (Gm•. Code§ 6103) 15 16 17 18 19 20 21 22 23 24 Plaintiff, Case No. 21CECG02034 v. MILTON NCHINDA, RN; SANDY GALARZA; JAIME SCHROEDER; TOM FAINA; IAN YOUNG Defendants. ________________ ___, I, Erick J. Rhoan, declare: DECLARATION OF DEPUTY ATTORNEY GENERAL ERICK J. RHOAN IN SUPPORT OF DEFENDANTS' MOTION TO DECLARE PLAINTIFF A VEXATIOUS LITIGANT Date: April 26, 2022 Time: 3:30 p.m. Dept: 502 Judge: Hon. Rosemary T. McGuire Trial Date: n/a Action Filed: July 12, 2021 1. I am a Deputy Attorney General employed by the California Department of Justice, 25 Tort and Condemnation Section, and admitted to practice before all of the courts of the State of 26 California. I represent defendants Faina, Galarza, Nchinda, Schroer, and Young in this matter. 27 2. In the course of preparing defendants' motion to declare plaintiff a vexatious litigant 28 and request for judicial notice, I reviewed records from approximately 11 court files by accessing Declaration of Erick J. Rhoan in Support of Defendants' Motion to Declare Plaintiff a Vexatious Litigant (21CECG02034) E-FILED 10/8/2021 5:44 PM Superior Court of California County of Fresno By: Estela Alvarado, Deputy 1 2 3 documents through federal and state court-access websites and reviewing several court records. I also performed legal research, analysis, and drafting. 3. California's billing rate for Deputy Attorneys General is presently at $220 per hour. 4 Attached to my declaration as Exhibit A is a true and correct copy of the Administrative Bulletin 5 establishing the current rates and fees charged for services provided by the Department of Justice. 6 4. Thus far, I have devoted 11. 75 hours to effectively research, investigate, and prepare 7 the defense in this litigation so far. This time includes 4.25 hours to research and write the instant 8 motion to declare plaintiff a vexatious litigant, supporting declaration, and request for judicial 9 notice; as well as 3 hours to also prepare the demurrer that will be filed after defense counsel 10 completes the meet-and-confer process with plaintiff pursuant to Code of Civil Procedure section 11 430.41. Calculating twenty-five hours at $220 per hour, I estimate conservatively that the 12 reasonable cost to defend this lawsuit to date has been $2,585.00. This estimate does not include 13 time spent for review of the motion and accompanying documents by my supervisor, paralegal 14 and secretarial time, copying costs, nor preparation of a reply to any opposition plaintiff may file, 15 nor the expense of my appearance at any hearing on this motion the court may set. 16 Dated: October 8, 2021 Respectfully submitted, ROB BONTA 17 18 19 20 21 22 23 24 25 26 27 28 FR202 l 304487 / Rhoan Declaration.docx 2 Attorney General of California CATHERINE WOODBRIDGE Supervisi Deputy Attorney General ERICK J. RHOAN Deputy Attorney General Attorneys for Defendants Tom Faina, Sandy Galarza, Milton Nchinda, Jamie Schroer and Ian Young Declaration of Erick J. Rhoan in Support of Defendants' Motion to Declare Plaintiff a Vexatious Litigant (21 CECG02034) EXHIBIT '' A'' I I “A” STATE OF CALIFORNIA DEPARTMENT OF JUSTICE DATE: 07/01/2021 NO. 21-22 EXPIRES: 6/30/2023 Administrative Bulletin SUBJECT REFERENCE Government Code Section 11044 DOJ Billing Rates Penal Code Sections 11105, DISTRIBUTION: □ A - MANAGEMENT ~ B - MGMT & SUPERVISORY □ C - ALL EMPLOYEES APPROVED BY n I __ I ' 26150- 26225, 28235 Education Code Section ,' . )'' I ,. . ~ , / ; .:"'" ' 7:7-.>1 ! '/ 45125 j t - , ( CHIEF, DIVISION OF OPERATIONS SUPERSEDES ADMINISTRATIVE BULLETIN 19-12 The following rates and fees will be charged for services provided by the Department of Justice until further notice. Rates and fees are subject to approved bargaining agreements and necessary adjustments to support developing the 2022-23 Governor's Budget. Legal Services 1. Attorney Services 2. Paralegal Services 3. Auditor and Research Analyst 4. Document Reproduction {BW $0.03, Color $0.15) 5. Legal Reproduction Media - CD/DVD 6. Legal Reproduction Media - Encrypted Portable Hard Drive - Aegis 3TB 7. Legal Reproduction Media - Encrypted Portable hard drive -Aegis 500 GB 8. Legal Reproduction Media - Encrypted Portable hard drive -Aegis Fortress {1000 GB) 9. Legal Reproduction Media - Encrypted Flash Drive - Datalocker Sentry 3 FIPS approved 8GB 10. Legal Reproduction Media - Encrypted Flash Drive - Datalocker Sentry 3 FIPS approved 16GB Law Enforcement 1. Investigator Services 2. Fingerprint (Noncriminal) 3. 90-Day Employment Concealed Weapon Permit 4. 90-Day Employment Concealed Weapon Permit Renewal 5. 2-Year Resident Concealed Weapon Permit 6. 2-Year Resident Concealed Weapon Permit Renewal 7. 3-Year Judicial Concealed Weapon Permit 8. 3-Year Judicial Concealed Weapon Permit Renewal 9. 4-Year Reserve Peace Officer Concealed Weapon Permit 10. 4-Year Reserve Peace Officer Concealed Weapon Permit Renewal 11. Dealers' Record of Sale 12. Secondhand Dealer License Rate 13. Blood Alcohol Analysis 2021-22 $220.00/hr. $205.00/hr. $195. 00/hr. $0.03-0.15/page $7.00/ea. $399.00/ea. $179.00/ea. $249.00/ea. $85. 99. 00/ea. $99. 99.00/ea. $150.00/hr. $32.00/ea. $71.00/ea. $30 00/ea. $93.00/ea. $52.00/ea. $115.00/ea. $74.00/ea. $137.00/ea. $96.00/ea. $31.19/ea. $300.00/ea. $35.00/ea. Administrative Bulletin No. 21-22 DOJ Billing Rates Page 2 Please note that the above rates are effective as of July 1, 2021. ff you have any questions concerning these rates, please contact the Department of Justice Budget Office at (916) 210-7022. Case Name: No.: I declare: DECLARATION OF SERVICE BY U.S. Mail Hernan Orozco v. Milton Nchinda, RN, et al 21CECG02034 I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. On October 8, 2021, I served the attached DECLARATION OF DEPUTY ATTORNEY GENERAL ERICK J. RHOAN IN SUPPORT OF DEFENDANTS' MOTION TO DECLARE PLAINTIFF A VEXATIOUS LITIGANT placing a true copy thereof enclosed in a sealed envelope, in the internal mail system of the Office of the Attorney General, addressed as follows: Hernan Orozco CO - 000278-2, Unit 1 Coalinga State Hospital P.O. Box 5003 Coalinga, CA 93210-5003 In Pro Per I declare under penalty of perjury under the laws of the State of California and the United States of America the foregoing is true and correct and that this declaration was executed on October 8, 2021, at Fresno, California. FR202 130'1487 954 I 0788.docx. Karina Cruz Declarant Signature ~