Russell M. Frandsen, Esq.

, SBN 070880
1 THE BUSINESS LEGAL GROUP
225 South Lake Avenue, Suite 300
2 Pasadena, CA 91101
Tel: (626) 432-7229
3 Fax: (213) 403-5962
Email: [email protected]
4
Attorney for Defendant John Joslyn
5
6

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

8
9 CITY NATIONAL BANK
10

CASE NO. BC554790

Filed:
Assigned to:
Dept:

Plaintiff,

11
v.
12
13
14

August 14, 2014

Ruth Ann Kwan
72

NOTICE OF MOTION AND MOTION OF

DEFENDANT JOHN JOSLYN FOR
AWARD OF COSTS AND ATTORNEYS
FEES; DECLARATION OF RUSSELL M.
FRANDSEN

JOHN JOSLYN
Defendants.

15
Date: June 2, 2015
Time: 9:30 AM
Dept.: 72

16
17
18
19

20 TO EACH PARTY AND TO THE COUNSEL OF RECORD FOR EACH PARTY:

21

PLEASE TAKE NOTICE that, on June 2, 2015, at 9:30 AM in Department 72 of the Los

22 Angeles County Superior Court located at 111 North Hill Street, Los Angeles, CA 90012,
23 Defendant John Joslyns Motion for Award of Costs and Attorneys Fees will be heard.
24 Defendant John Joslyn seeks reimbursement of $26,711 in costs, including $26,711 as attorneys
25 fees under Civil Code Section 1717. The Motion will be based on the this Notice, the
26
27

28

NOTICE OF MOTION AND MOTION OF DEFENDANT JOHN JOSLYN FOR AWARD

OF COSTS AND ATTORNEYS FEES; DECLARATION OF RUSSELL M. FRANDSEN

1 Memorandum of Points and Authorities, Declaration of Russell M. Frandsen, and such oral
2 argument as may presented at the hearing of this matter.
3
4
5

DATED: March 27, 2015

THE BUSINESS LEGAL GROUP

6
7
8

By
RUSSELL M. FRANDSEN
Attorneys for Defendant John Joslyn

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

28

NOTICE OF MOTION AND MOTION OF DEFENDANT JOHN JOSLYN FOR AWARD

OF COSTS AND ATTORNEYS FEES; DECLARATION OF RUSSELL M. FRANDSEN

MEMORANDUM OF POINTS AND AUTHORITIES

2
3
4

John Joslyn is the prevailing party.

City National Bank (Bank) alleged in its complaint that John Joslyn (Mr. Joslyn)

5 entered into a Promissory Note dated November 15, 2009, (the Agreement) containing an
6 Attorneys Fees clause, which provides:
7
8
9
10
11
12

ATTORNEYS FEES; EXPENSES. The lender may hire or pay someone else to
help collect this note if I do not pay. I will pay Lender that amount. This includes, subject
to any limits under applicable law, Lenders attorneys fees and Lenders legal expenses,
whether or not there is a lawsuit, including attorneys fees, expenses for bankruptcy
proceedings including efforts to modify or vacate any automatic stay or injunction, and
appeals. I will also pay any court costs, in addition to all other sums provided by law.

The Bank filed a lawsuit on August 14, 2014, to enforce the alleged agreement. The Bank

13
14
15

attached the Agreement as an exhibit to the Complaint. Mr. Joslyn moved to quash service of the
summons because Mr. Joslyn is not subject to the jurisdiction of the Superior Court. The Court

16 heard Mr. Joslyns motion on March 26, 2015. The court granted Mr. Joslyn motion to quash the
17 service of summons. Accordingly, Mr. Joslyn has prevailed in this litigation.
18
19
20
21
22
23
24
25
26

Civil Code section 1717 authorizes the payment of attorneys fees to the prevailing party:
1717. Action on contract; award of attorney's fees and costs; prevailing party;
deposit of amounts in insured, interest-bearing account; damages not based on contract
plaintiffs (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
be awarded either to one of the parties or to the prevailing party, then the party who is
determined to be the party prevailing on the contract, whether he or she is the party
specified in the contract or not, shall be entitled to reasonable attorney's fees in addition
to other costs.
Where a contract provides for attorney's fees, as set forth above, that provision
shall be construed as applying to the entire contract, unless each party was represented
by counsel in the negotiation and execution of the contract, and the fact of that
representation is specified in the contract.

27

28

NOTICE OF MOTION AND MOTION OF DEFENDANT JOHN JOSLYN FOR AWARD

OF COSTS AND ATTORNEYS FEES; DECLARATION OF RUSSELL M. FRANDSEN

Reasonable attorney's fees shall be fixed by the court, and shall be an element
of the costs of suit.

2 Accordingly, since Mr. Joslyn is the prevailing party in the litigation, Mr. Joslyn is entitled to
3 recover attorneys fees from the Bank as an element of the costs of suit.
4

Code of Civil Procedure section 1033.5(b)(5) authorizes the recovery of attorneys fees as

5
costs for attorneys fees awarded pursuant to Civil Code section 1717. Accordingly, Mr. Joslyn
6
7

may recover its costs as authorized by CCP section 1033.5 and attorneys fees as authorized

8 pursuant to Civil Code section 1717.

9
10
11
12

Attorneys Fees
In litigating this case, Mr. Joslyns attorneys time has been reasonably spent. The attorney
representing Mr. Joslyn is:
Russell M. Frandsen. Mr. Frandsen has carried the entire load in this litigation.

13
14
15

Mr. Frandsen has practiced law in Southern California for 37 years. He has been a partner
in several major law firms in California, including most recently Reed Smith LLP and Squire

16 Sanders & Dempsey LLP, before establishing his own independent practice with The Business
17 Legal Group. Mr. Frandsen has in-depth knowledge of business law and practice. The reasonable
18 and customary rate for Mr. Frandsen based on his experience and expertise for this type of matter
19

is $495 per hour.

20
Rachel Jardine. Ms. Jardine is a law clerk who researched and prepared the initial draft of
21
22

the Motion to Quash. Ms. Jardine is a 2012 graduate of University of San Francisco Law School.

23 The reasonable and customary rate for Ms. Jardine based on her experience for this type of matter
24 is $225 per hour.
25

Counsel for Mr. Joslyn has kept meticulous records of the time and description of the legal

26 services.
27

28

NOTICE OF MOTION AND MOTION OF DEFENDANT JOHN JOSLYN FOR AWARD

OF COSTS AND ATTORNEYS FEES; DECLARATION OF RUSSELL M. FRANDSEN

Counsel for Mr. Joslyn have kept meticulous records of the time and description of the

2 legal services performed for Mr. Joslyn. Through March 26, 2014, Mr. Frandsen has devoted 41.3
3 hours to this matter and Ms. Jardine has devoted 9.5 hours to this matter. Mr. Frandsen has
4 attached his Declaration describing in detail the legal services devoted to this matter on behalf of
5

Mr. Joslyn.

All of the attorneys fees incurred by Mr. Joslyn have been reasonable, necessary and

7
8

appropriate.
Mr. Joslyn has incurred the following legal fees.

9
10

Atty

13
14

Rate

Amount

0.9 $595.00

$535.50

RJ

Research,writingandeditingamotion
11/19/2014 toquashsummons

9.5 $225.00

$2,137.50

RMF

Preparedmotiontoquashservice;
11/22/2014 preparedJohnJoslyndeclaration

2.8 $595.00

$1,666.00

RMF

Completedandpreparedmotionto
QuashServiceforfiling;lettertoJohn
11/24/2014 Joslynreexecutionofdeclaration

5.7 $595.00

$3,391.50

RMF

TelephonecalltoJohnJoslynreCity
11/25/2014 NationalBanklawsuit

0.7 $595.00

$416.50

17
18
19

Hours

RMF

15
16

Description

Lettertoattorneyconfirmingextension
oftimetorespond;researchre
11/13/2014 statutorybasisforjurisdiction

11
12

Date

1 $595.00

$595.00

RMF

Prepared,filed,andservedcase
12/5/2014 managementstatement
Attendedcasemanagement
conferenceandreportedtoJohnJoslyn
12/9/2014 thesame

3.8 $595.00

$2,261.00

RMF

Reviewedoppositiontomotionto
quash.Reviewedcomplaint.Reviewed
motiontoquash.Researchrepoints
madeinopposition.Researchre
burdenofproof,evidenceregarding
jurisdiction,consenttojurisdiction
clauses.Preparedargumentfor
3/25/2015 hearingonmotintoquash.

5.4 $595.00

$3,213.00

RMF

20
21
22
23
24
25
26
27

28

NOTICE OF MOTION AND MOTION OF DEFENDANT JOHN JOSLYN FOR AWARD

OF COSTS AND ATTORNEYS FEES; DECLARATION OF RUSSELL M. FRANDSEN

1
2
3

RMF
RMF

Attendedhearingonmotiontoquash.
Preparednoticeofruling.Research
regardingpossiblepointsofappealby
3/26/2015 CityNationalBank.
3/26/2015 preparedmotionforattorneysfees

9.5 $595.00
4.5 $595.00

$5,652.50
$2,677.50

Preparedreplytooppositiontomotion
forattorney'sfees.(Estimated.)

3.5 $595.00

$2,082.50

5
6

RMF

Attendhearingonmotionfor
attorneysfees.(estimated.)
Total

3.5 $595.00 $2,082.50

50.8
$26,711.00

7
8
9

CONCLUSION
For the reasons stated above, Mr. Joslyn respectfully requests that the Court award

10
expenses, costs and fees in the total amount of $26,711.00 with interest at 10% per annum from
11
12

the date of the Judgment, until paid.

13 Dated: March 27, 2015

14 THE BUSINESS LEGAL GROUP
15
16
17 By _____________________________________
18 Russell M. Frandsen, Esq.
Attorney for Defendant and Petitioner Mr. Joslyn Ventures, Inc.
19
20
21
22
23
24
25
26
27

28

NOTICE OF MOTION AND MOTION OF DEFENDANT JOHN JOSLYN FOR AWARD

OF COSTS AND ATTORNEYS FEES; DECLARATION OF RUSSELL M. FRANDSEN

1
PROOF OF SERVICE

2
3

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

)
)
)

SS

I practice law in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action. My business address is 225 South Lake Avenue, Suite 300,
6 Pasadena, CA 91101. On the execution date below, I served the following document described as:
7

NOTICE OF MOTION AND MOTION OF DEFENDANT JOHN JOSLYN FOR AWARD

OF COSTS AND ATTORNEYS FEES; DECLARATION OF RUSSELL M. FRANDSEN
8 on all interested parties through their respective attorneys of record in this action:
Attorney for Plaintiff CITY
9 Joshua P. Friedman
9903 Santa Monica Blvd, #1108
NATONAL BANK
10 Beverly Hills, CA 90212
11 METHOD OF SERVICE
(BY MAIL) I caused such document to be place in envelope with postage thereon fully
12
prepaid to be placed in the United States Mail. I am readily familiar with this firms practice of
13 collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service
on that same day in the ordinary course of business. I am aware that on motion of party served,
14
service is presumed invalid if postal cancellation date or postage meter date is more than one day
15 after date of deposit for mailing affidavit.
(BY PERSONAL SERVICE) I caused such document to be place in an envelope to be
16
delivered by hand to the offices of the above addressee(s) by Central Courier, Inc. Such envelope
17 was delivered prior to 9:00 AM on April 24, 2012.
BY EMAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an
18
agreement of the parties to accept service by email or electronic transmission, transmitted the
19 document(s) electronically to the person(s) at the email address(es) above. Transmission was
reported as complete and without error.
20
I declare under penalty of perjury that the above is true and correct. Executed on March 27,
21
2015, at Pasadena, California 91101.
22
23

_____________________
Russell M. Frandsen

24
25
26
27

28

NOTICE OF MOTION AND MOTION OF DEFENDANT JOHN JOSLYN FOR AWARD

OF COSTS AND ATTORNEYS FEES; DECLARATION OF RUSSELL M. FRANDSEN