SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL MINUTE ORDER

TIME: 11:00:00 AM JUDICIAL OFFICER PRESIDING: Randa Trapp CLERK: Anthony Shirley REPORTER/ERM: Paula Rahn CSR# 11510 BAILIFF/COURT ATTENDANT: Neil Carpenter DATE: 07/27/2012 DEPT: C-70

CASE NO: 37-2008-00093885-CU-BT-CTL CASE INIT.DATE: 10/14/2008 CASE TITLE: Tadros, M.D. vs. Doyne CASE TYPE: Business Tort CASE CATEGORY: Civil - Unlimited

EVENT TYPE: Motion Hearing (Civil) MOVING PARTY: Stephen E Doyne PH D CAUSAL DOCUMENT/DATE FILED: Motion for Attorney Fees, 05/21/2012

APPEARANCES James J. Moneer, specially appearing for Emad G Tadros MD, self represented Plaintiff. Christopher J Zopatti, counsel, present for Defendant(s).
The Court hears oral argument and CONFIRMS the tentative ruling as follows: MOTION TO RECOVER ATTORNEY'S FEES AND COSTS AFTER APPEAL PURSUANT TO CCP 415.16 by defendant Stephen E. Doyne Ph.D. is GRANTED, in an amount less than requested. Plaintiff's objections are overruled. The court has considered plaintiff's opposition Amended Memorandum of Points and Authorities, even though it exceeds the page limits. However, the court has not considered additional legal arguments made in counsels' declarations. The court has reviewed the time sheets and the fees/costs incurred in preparing this Motion. Under the lodestar method, attorney fees are calculated by first multiplying the number of hours reasonably expended on the litigation by a reasonable hourly rate of compensation. The lodestar is the basic fee for comparable legal services in the community. (Chacon v. Litke (2010) 181 Cal.App.4th 1234, 1259) A reasonable hourly rate of compensation is $350. The court has reduced the number of hours spent and awarded defendant attorney's fees in the amount of $195,000. In addition, defendant seeks compensation for fees and costs incurred in bringing this Motion at the rate of $175/hour. The court finds the $2,397 for attorney's fees and costs for this Motion is reasonable. Accordingly, defendant shall recover attorney's fees in the amount of $197,397. Defendant has previously been awarded costs of $3,668.53 and $1,830.35 entered on June 28, 2012 and June 12, 2012, respectively . Defendant has not shown it is entitled to any additional costs, other

DATE: 07/27/2012 DEPT: C-70

MINUTE ORDER

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CASE TITLE: Tadros, M.D. vs. Doyne than those awarded in connection with this Motion. Plaintiff's request for Statement of Decision is Denied. IT IS SO ORDERED.

CASE NO: 37-2008-00093885-CU-BT-CTL

Judge Randa Trapp

DATE: 07/27/2012 DEPT: C-70

MINUTE ORDER

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