California Justice and constitutional rights : ATTORNEY FEESAnd now for the final obscenity. Biggest joke of the century. The only thing this Attorney didnt claim was trips to the bathroom.

Imagine this. It took four attorneys to make a disabled lady homeless. Four attorneys who most certainly believe Judge Brown wont let them down now. No wonder this despicable attorney gave separate motions for fees because no sane person would ever believe this is just.

Michael A. Brennan. (SBN #249342)

BRENNAN LAW FIRM

67 E. Live Oak Avenue

Ste. 105

Arcadia, CA 91006

(626)294-0500 - Office

(626)294-0505 - Fax

Attorney for Plaintiff

SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES - WEST JUDICIAL DISTRICT

WOLF & ASSOCIATES, ) CASE NO.: 12U0.0223

Plaintiff, ) NOTICE OF MOTION AND MOTION FOR

) ATTORNEYS' FEES AND COURT COSTS; ) MEMORANDUM OF POINTS &

vs. ) AUTHORITIES; DECLARATIONS IN
) SUPPORT THEREOF; and [Proposed] ) ORDER

AFSANEH MOBASSER,

Defendant, ) DATE: MARCH 29, 2013

) TIME: 8:30 a.m.TO ALL INTERESTED PARTIES AND THEIR A 11 ORNEYS OF RECORDS, IF ANY:

PLEASE TAKE NOTE, that on March 29, 2013, at 8:30 a.m. or as soon thereafter as the matter may be heard, in Department 6 of the Los '.Angeles Superior Court - West Judicial District, located at 9355 Burton Way, Beverly Hills, CA 90210, Plaintiff will move this court for an Order granting reasonable attorney's fees in the amount of $44,292.50. Said Motion will be based upon this Notice, the accompanying Memorandum of Points and. Authorities, the Declarations ///

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MOTION FOR ATTORNEY'S FEES

of Michael A. Brennan, and Harold Greenberg, and such other documentary and/or oral evidence as may be presented at the hearing.

Dated: February 2013

BRENNAW LAW FIRM

lel A. Bre.^, nan., Esq. Attori 'ey^-f6r Plaintiff

MEMORANDUM OF POINTS AND AUTHORITIES

FACTS OF THE CASE

On or about January 24, 1996, Plaintiff, Wolf Associates ("PLAINTIFF') entered into a written residential lease for certain real property known as I:15 N. Doheny Dr., #318, Los Angeles, CA 90048 ("the demised premises") with Defendant, AFSANEH MOBASSER ("DEFENDANT"), Pursuant to Paragraph 16 of the Lease and Civil Code .Q717, if any Party brings an action or proceeding involving the Premises, the Prevailing Party shall be entitled to reasonable attorneys' fees in addition to costs of the suit. Specifically, Paragraph 16 of the Lease provides:

If any legal action or proceeding be brought by either party to enforce any part of this lease, the prevailing party shall recover in addition to all other relief, reasonable attorney fees and costs.

On or about March 28, 2013, Plaintiff served Defendant a three day notice to cure covenant or quit requiring Defendant remove all plants from her balcony or vacate the rental unit for Defendant's failure to comply with the terms of the lease. Specifically, Defendant was causing damage to the property and disturbing the quiet enjoyment of other tenants by watering the plants on her balcony and allowing the water to cascade over the side of the balcony into the interior walls and onto the courtyard below.

When Defendant failed to comply with the notice by either discontinuing the nuisance behavior or vacating the premises, PLAINTIFF filed, and served Defendant with the Unlawful Detainer action on or about May 1, 2012. Defendant filed an answer to the unlawful detainer complaint, and requested. multiple set of interrogatories, and production of documents. Plaintiff was required to conduct a deposition of a witness. The case proceeded. to trial OD October 19, 2012. Trial was a multi-day affair due to Defendant's initial claim that she was not hi the condition required to defend her case. The trial concluded, and the court ordered judgment for PLAINTIFF against DEFENDANT for possession and restitution of the premises, forfeiture of

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MOTION FOR ATTORNEY'S FEES

the Lease, and unpaid. rent and holdover damages in the amount of $15,096.51, costs in the amount of $1,435.60, and attorney fees by noticed motion.

In short, judgment was entered and all issues were resolved in favor of PLAINTIFF and DEFENDANT took nothing by way of his Answer or otherwise herein.

I. ATTORNEY'S FEES MAY BE AWARDED THROUGH EITHER STATUTE OR

CONTRACTUAL AGREEMENT

Attorney's fees may be awarded through either statute or a contractual agreement. For example, Civil Code 1.717.5, provides an award. of attorneys' fees when bringing any action on an open book account, whereas Code of Civil Procedure 1021 states: "Except as attorney's fees are specifically provided, for by statute, the measure and mode of compensation of attorneys is left to the agreement, . of the parties". To be awarded attorneys' fees in the absence of a statute, the contract upon which the action is based must contain a provision for them.

Civil Code §1717 states:

"(a) in any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall. 'De awarded either to one of the parties or to the prevailing party . . . then the party who is determined to he the party prevailing on the contract , . , shall be entitled to reasonable attorney's fees in addition to other costs."

Therefore, PLAINTIFFS need only to establish the provision within the original contract, which provides for the award of attorneys' fees to the prevailing party, (Genis v, Krasnc, (1979) 47 Ca1.2d 241, 246, 302 P.2d 289), ["What is required is pleading and proof of the contract provisionl

/1/

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MOTION FOR ATTORNEY'S FEES

CONCLUSION

The underlying cause of action is based upon a contract, which provides for the award of attorneys' fees to the prevailing party. The PLAINTIFF is the prevailing party in this action and, as such, PLAINTIFF is entitled to an award of its attorneys' fees in the amount of [AMOUNT] against DEFENDANT, Afsanch Mobasser. The amount and calculation of such fees are set forth in the accompanying declarations of attorneys Michael A. Brennan, and Harold Greenberg.

Dated: February 13, 2013 BRENNAN LAW FIRM

Attached hereto as part of the Declaration of Michael A. Brennan, is a copy of the lease agreement under which Defendants held possession of the subject property. Contained therein, at Paragraph 16, Attorneys' Fees is a contractual provision, which provides:

Specifically, Paragraph 16 of the Lease provides:

If any legal action or proceeding be brought by either party to enforce any part of this lease, the prevailing party shall recover in addition to all other relief, reasonable attorney fees and costs.

As a result of this provision in the lease, Civil Code 51717 is satisfied and, therefore, Plaintiff is entitled to recover its attorneys' fees in this matter.

PLAINTIFF IS ENTITLED TO AN AWARD OF ATTORNEY'S FEES PURSUANT

TO THE PROVISIONS OF THE LEASE AGREEMENT

As set forth above, the Lease between the parties set forth the rights and duties of each of the parties to the underlying action, including the right of the "Prevailing Party" to recover its attorneys' fees.

The PLAINTIFF,. upon entry of judgment became the prevailing party. The judgment was signed and filed by the court on January 14, 2013. Foundation for this position is found in both the California Supreme Court decision defining "prevailing party" as, "the party in whose favor final judgment is rendered,' (International Industries Inc. v. Olen (1978) 21 Ca1.3c1 218, 222).

In the present case, judgment was entered in favor of PLAINTIFF and against DEFENDANT, awarding PLAINTIFFS full recovery permitted in an unlawful detainer action, i.e., holdover damages, if any, attorneys' fees, court costs, restitution of the premises, and forfeiture of the Lease. Therefore, PLAINTIFF is established as the prevailing party and, as such, is entitled to attorneys fees pursuant to paragraph 16 of the lease agreement.

III

DECLARATION OF MICHAEL A. BRENNAN

2 I, MICHAEL A, BRENNAN, declare as follows:

I. I am an attorney at law, duly licensed to practice law before all of the courts in the State

of California. I am the owner of the Brennan Law Firm, the attorney of record for

Plaintiff and, if called and sworn as a witness, I would and could competently testify to

the facts set forth herein,

2. A true and correct copy of the Lease marked for identification as Exhibit "A," is attached

hereto and made a part hereof. Paragraph 16, provides that: "If any legal action or

proceeding ^.be brought by either party to enforce any part of this lease, the prevailing

party shall recover in addition to all other relief, reasonable attorney fees and costs."

3. PLAINTIFF consulted with the Brennan Law Firm to discuss legal remedies available to

PLAINTIFF regarding the DEFENDANTS breach of the Lease, which resulted in the

preparation and service of a Notice to Perform Covenant or Quit. PLAINTIFF instituted

legal proceedings, the filing and service of the Summons and Complaint for Unlawful

Detainer on April 4, 2012, following DEFENDANT'S failure to comply \Nrith the notices

to perform covenant or quit.This case involved discovery on both sides, depositions, a multi-day trial, and multiple ex

₁₉ parte motions filed by Defendant, Afsaneh Mobasser,. before concluding with a judgment

₂₀ for Plaintiff. This office expended 137,45 hours in attorney time as is set forth in the

₂₁ following statement of hourly services rendered. to PLAINTIFF in this matter.

₂₂ 5. This firm charges and hills our client $250.00 per hour for work of this type (complex

₂₃ real estate claims) which is a fair and reasonable fee for work of this type in the unlawful

₂₄ detainer legal community. Billings are in one-tenth minimum increments, The

₂₅ statement set forth on the next page accurately reflects billable time related to this ease:

DATE	ATTY	ACTIVITY	TIME
3/12/2012	MAB	Review E-mails & Client letter to Los Angeles Mousing Department.	.7
3/24/2012	MAB	Review lease agreement & draft three day notice to cure covenants or quit	.8
3/25/2012	MAB	Edit three day notice to cure covenants or cure - adding new code section, witnesses & dates of violations	.2
3/26/2012	MAB	Telephone Conference with client regarding Defendant's refusal. to allow access & addition. to three day notice.	.4
3/27/2012	MAB	Telephone Conference with client regarding threat to client re; new a/c unit & notice concerning planters on balcony	.3
4/5/2012	MAB	Review case documents & draft summons & complaint ,	1.25
4/20/2012	MAB	Meeting with Co-Counsel to review case, file, & exhibits	1.5
5/11/2012	MAB	Review case documents & draft responses to Defendant's discovery request	5.4
5/11/2012	MAB	Copying of client files for discovery & copy of files for Co-Counsel	2.6
5/12/2012	MAB	Finalize responses to Defendant's discovery request	1.4
5/21/2012	MAB	Telephone Conference with Co-Counsel re: trial strategy	.2
5/21/2012	MAB	Telephone Conference with Co-Counsel & client re; trial strategy, expert witnesses, & defenses	.4
6/8/2012	MAB	Telephone Conference with client re; witness Deborah Daly	.3
7/9/2012	MAB	Telephone Conference with Opposing Counsel re: deposition dates	.2

7/9/2012	MAB	Telephone Conference with Co-Counsel re: deposition _dates	.2
7/10/2012	MAB	Draft & serve notice of deposition of witness Deborah . Daly & schedule court reporter	.5
7/27/2012	MAB	Draft & serve notice of deposition of witness Deborah Daly & schedule court reporter	5
9/20/2012	MA13	Review and draft responses. to Defendant's discovery request set 2	3.0
9/20/2012	MAB	Draft & issue subpoena to witness Deborah Daly to appear on 10/2/2012	1.0
9/21/2012	MAB	Finalize responses to Defendant's discovery request set 2	1.0
9/28/2012	MAB	Meeting with Co-Counsel & client re: trial preparation	1.0
10/1/2012	MAl3	Jury Trial Preparation ,	5.0

10/2/2012	MAB	Trial Appearance (2 sessions)	2.0
10/4/2012	MAB	Draft & issue subpoena to witness Deborah Daly to appear on 10/19/2012	1.0
10/19/2012	MAB	Trial Appearance (2 sessions)	2.0
10/22/2012	MAB	Review trial notes & draft statement of decision	3.5
12/17/2012	MAB	Draft judgment, memorandum of costs, application for writ, & writ of possession	.5
1/18/2013	MAB	Attend and oppose Defendant's Ex Parte hearing	1.0
1/21/2013 to · 1/23/2013	MAB	Research, draft, & finalize opposition to Defendant's Ex Parte Application	12.0
1/22/2013	MAB	Draft & Finalize Declaration of Plaintiff	1.5
1/23/2013	MAB	Preparation of Plaintiff's opposition & exhibits for Court filing	1.7
1/24/2013	MAI3	Attend Ez Oppose Defendant's Ex Parte Hearing	2.0
1/25/2013	MAB	Attend & Oppose Defendant's Continued Ex Parte Hearing	2,0
2/1/2013	MAB	Finalize Motion for Attorneys' fees and costs	3.0
2/1/2013	MAI3	Attend & Oppose Defendant's Ex Parte Hearing	1.0
2/6/2013	MAB	Attend a Oppose Defendant's Ex Parte Hearing	1.0

3/29/2013
TOTAL:

MAI3 MAB

Anticipate time for appearance on Motion for Attorney fees

HOURS: 63.05 hours @ $250.00 per

1.0

$15,762.50

The Law Firm of Harold. Greenberg charges and bills its client $325.00. to $400,00 per

hour for work of this type (complex real estate claims) which is a fair and reasonable fee for work of this type in the Unlawful detainer legal community. Billings are in one-tenth minimum increments. The statement set forth on the next page accurately reflects billable time related to this case:

DATE	ATTY	ACTIVITY	TIME
4/8/2012	HG	Telephone Conference with client re: case	.2
4/9/2012	HG	Review case documents	.2
4/10/2012	HG	Telephone Conference with Co-Counsel 6st Telephone Conference with client	1.9
4/15/2012	HG	Review pleadings iEz documents	.1
4/18/2012	HG	Telephone Conference with client	.2
4/20/2012	HG	Telephone Conference with Co-Counsel	1.0
4/22/2012	HG	Review case file	2.6
4/24/2012	HG	Telephone Conference with Co-Counsel	.2
4/27/2012	HG	Telephone Conference with Co-Counsel	.2
5/1/2012	HG	Telephone Conference with Doctor Powers	.2
5/2/2012	HG	Telephone Conference with Roger Hilmer	.3
5/3/2012	FIG	Meeting with client & Roger Hill^-11er	15
' 5/11/2012	HG	Telephone Conference with expert Denise Cator k telephone conference with client	.4
5/20/2012	HG	Correspondence to Opposing Counsel	.1

5/21/2012	' HG	Telephone Conference with Co-Counsel & client	,')
7/9/201.2	HG	Review case pleadings	.1
7/9/2012	HG	Telephone Conference with Co-Counsel	.2
7/17/2012	HG	Telephone Conference with Brennan Law Firm Staff	.3

7/18/2012	HG	Telephone Conference with Brennan Law Finn Staff	.
7/19/2012	HG	Review case file	.
7/20/2012	HG	Two Telephone Conferences with Brennan Law Firm Staff	.4
7/22/2012	HG	Review documents	.
7/2⁴/₂012	HG	Review e-mail, Telephone Conference with Brennan Law Finn Staff, Telephone Conference with Fred
7/29/2012	HG	Review e-mail	.
8/112012	HG	Telephone Conference with Brennan Law Firm Staff, & review file	.
8/2/2012	HG	Review file, attend deposition of witness Deborah Daly	2.9
8/2/2012	MEB	Attend deposition of witness Deborah Daly, conference with witness, & conference with associate HG	1.7
8/7/2012	HG	Telephone Conference with Co-Counsel	.
9/7/2012	HG	Two Telephone Conferences with Brennan Law Firm Staff	,4
9/20/2012	HG	Review deposition of witness Deborah Daly, & telephone conference with Co-Counsel	1.1
9/23/2012	HG	Review correspondence	._
9/25/2012	HG	Review e-mail	.
9/2⁶/₂012	1^-IN	Review file, research, prepare jury instructions	2.0
9/26/2012	MEB	Prepare jury instructions	2.7
9/27/2012	HG	Review e-mail, Conference with Associate, research, review file
9/28/2012	FIN	Telephone Conference with Opposing CounSel, research., Conference with Associates	2,0
9/28/2012	HG	Review file, conference with client, Co-Counsel, Rodger Hilmer & Frank	2.6
9/28/2012	MEB	Prepare jury instructions, & review transcript	3,1
10/1/2012	MEB	Prepare opposition, research, prepare memorandum, conference with Associates	4.7
10/1/2012	HG	Review pleadings, jury instructions, telephone conference with Co-Counsel, review motion, review email, review documents, research	1.3
10/2/2012	HG	Court Appearance, conference with client, Co-Counsel, Roger Hilmer, and Opposing Counsel, review e-mail.	4.1

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MOTION FOR ATTORNEY'S FEES

10/4/2012	HG	Telephone Conference with Co-Counseling	.2
10/5/2012	FIN^.	Telephone Conference with Opposing Counsel, research, conference with associates	2.0
10/5/2012	HG	Review e-mail, Telephone Conference with Brennan Law Firm Staff, Telephone Conference with Opposing Counsel	.5
10/7/2012	HG	Review e-mail, Send e-mail, Telephone Conference with client	.7
10/8/2012	HG	Telephone Conference with Co-Counsel, Telephone Conference with client, Telephone Conference with Debbie, Review e-mail, Send e-mail	1.9
10/9/2012	HG	Court Appearance, conference with client, Co-Counsel, Roger Hiliner, Frank, Opposing Counsel & Deb	9.8 ,
10/12/2012	HG	Telephone Conference with Co-Counsel	.2
10/16/2012	HG	Review settlement statement, review file	.3
10/18/2012	HG	Telephone Conference with client, Telephone Conference with Brennan Law Firm Staff, send e-mail, review e-mail	2.3
10/19/2012	HG	Prepare for trial, court appearance, conference with client, Co-Counsel, Rodger Hiliner, Frank & Opposing Counsel.	8.0
10/25/2012	HG	Telephone Conference with client	.2
10/26/2012	HG	Review e-mail, Telephone Conference with Co-Counsel	.8

11/8/2012	HG	Review pleading	.1
12/14/2012	FIG	Review pleadings, review e-mail, Telephone Conference with Co-Counsel	.
12/24/2012	HG	Review two e-mails, Two Telephone Conferences with Brennan Law Finn Staff	.5
12/26/2012	HG	Review e-mail, Telephone Conference with Brennan Law Firm Staff, review file	.6 .
12/27/2012	HG	Court Appearance for Defendant's Ex Parte, Telephone Conference with Brennan Law Firm Staff	3.2
12/28/2012	HG	Telephone Conference with Brennan Law Firm Staff	2
12/28/2012 •	MEB	Telephone Conference with Associate HG HOURS: 56.00 hours @ $400.00 per hour MEB HOURS: 12.4 hours @ $325.00 per hour	.2 $22,400.00 $4,030.00

Page 12

TOTAL: GRAND TOTAL:	HG, MEB, UN	FIN HOURS: 6.0 hours @ $350.00 per hour	$2,100.00 $28,530,00 $44,292.50

Based upon the expenditure of 137.45 hours of attorney time, at the hourly rates set forth above, PLAINTIFF would respectfully request this court to issue an order that PLAINTIFF is entitled to recover from DEFENDANT, pursuant to the judgment entered Against it, attorneys' fees in the sum of $44,292.50.

8. In the chart above, MAB, stands for Michael A. Brennan and FIG stands for Harold Greenberg. MEB stands for Mark Evan Beall°, and FIN stands for Hai Nguyen, who are associates of Harold Greenberg. Mr. Brennan has been practicing law since June 2007.

Prior to entering the legal profession, Mr. Brennan spent nearly 10 years in the real estate industry. He is a licensed real estate broker who has negotiated and drafted both commercial and residential leases, as well as consummating more than. $100 million dollars in commercial real estate transactions. He has tried over 150 cases per year over the past six years, most involving unlawful detainers and all involving real property. He is on the Board of Directors for one of the local Apartment Associations, for whom he also conducts educational classes for owners and. managers, lectures frequently

y on the Issues of Unlawful Detainers and Landlord-Tenant law, and has had his articles pertaining to landlord-tenant matters published in multiple trade magazines.

7. Mr. Greenberg has been an attorney for over forty-five (45) years. He has specialized in

landlord tenant matters and business/real estate litigation during that entire period. Mr. Greenberg also tries more than 150 cases per year. Mr. Greenberg is the former president of the Apartment Association of Greater Los Angeles, has lectured before apartment and paralegal associations on unlawful detainer law and has served a Judge Pro Tempore in both Los Angeles and Orange Counties. Mr. Beall° has been, an attorney for over eighteen (18) years. Mr. Nguyen has been an attorney for over sixteen (16) years.

There is no duplication of attorney fees in this document. Defendant is being changed

only for the time Harold Greenberg for the trial. While I was present for the entire trial, on all clays, Defendant is charged for merely two hours of my time for those days and appearances. All other charges assessed are actual billable hours spent by each attorney respectively for unrelated non-duplicate talks.

1 declare under the penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this declaration was executed this 13th day of February, 2013 at Arcadia, California.

By:

Plaintiffs' motion and Defendants' opposition (if any) having been read and considered, along with the oral and documentary evidence submitted. at th.e hearing, and good cause having been shown, it is hereby ORDERED the Plaintiff, Wolf & Associates, recover from Defendant, Afsaneh Mobasser, reasonable attorneys fees in the sum of $44,292.50.

IT IS SO ORDERED Dated:

Judge