Free Response in Opposition to Motion - District Court of California - California

Case 3:07-cv-02279-H-CAB

Document 12-3

Filed 03/10/2008

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KLINEDINST PC 501 WEST BROADWAY, STE. 600 SAN DIEGO, CALIFORNIA 92101

Gregor A. Hensrude, Bar No. 226660 Matt S. Wroblewski, Bar No. 251091 KLINEDINST PC 501 West Broadway, Suite 600 San Diego, California 92101 (619) 239-8131/FAX (619) 238-8707 [email protected] Attorneys for Defendant CERTEGY PAYMENT RECOVERY SERVICES, INC.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA BRUCE PATYK, Plaintiff, v. CERTEGY PAYMENT RECOVERY SERVICES, INC., and DOES 1-10, INCLUSIVE, Defendants. Case No. 07-CV-2279-H-(CAB)

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DECLARATION OF GREGOR A. HENSRUDE IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION FOR ATTORNEYS' FEES
Date Time: Dept: Judge: Complaint Filed: Trial Date: March 24, 2008 10:30 a.m. 13 Marilyn L. Huff 12/5/07 None set

I, Gregor A. Hensrude, declare as follows: 1. I am an attorney at law duly licensed to practice before the courts of the

State of California and am an associate with the law firm of Klinedinst PC, attorneys of record for Defendant CERTEGY PLAYMENT RECOVERY SERVICES, INC. in the above-captioned case. 2. I have personal knowledge of the following facts and, if called upon as a

witness, could competently testify thereto, except as to those matters which are explicitly set forth as based upon my information and belief and, as to such matters, I am informed and believe that they are true and correct. 3. While I have communicated with Mr. Gomez regarding this case, I have
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also communicated with an attorney from his office named David Finn, on the telephone
DECLARATION OF GREGOR A. HENSRUDE IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION FOR ATTORNEYS' FEES 07-CV-2279-H-(CAB)

Case 3:07-cv-02279-H-CAB

Document 12-3

Filed 03/10/2008

Page 2 of 2

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KLINEDINST PC 501 WEST BROADWAY, STE. 600 SAN DIEGO, CALIFORNIA 92101

and in writing. In attempting to learn the spelling of his name for correspondence purposes, I looked him up on the website of the State Bar of California. The only David Finn from San Diego who appears on the California State Bar website is David P. Finn, who was admitted to practice in June, 2007. I do not know anything about Mr. Finn's practice or experience. I do not know how much of the work, other than the communications with me, has been done by Mr. Finn versus Mr. Gomez. 4. After Patyk accepted our offer of judgment, I called Mr. Gomez's office to

see if they would be willing to settle the attorneys' fees portion of our offer without court intervention. Mr. Finn and Mr. Gomez reiterated that they wanted in excess of $13,000 to settle the attorney fees claims. I informed them that we could not agree to any amount in that range. I replied by offering $4,000 and explaining why that amount was reasonable. That amount was implicitly rejected with the filing of this motion. In no communication with anyone at Gomez Law Group has it even been insinuated that Certegy could settle the claim for less than $13,000 in attorneys' fees, prompting this unnecessary motion practice. 5. I find $14,000 in claimed attorneys' fees for the mere filing of this case to

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be incredible, especially given the fact that my firm performed the same categories of tasks as those cited by Plaintiff (learning the facts, communicating with the client, communicating with opposing counsel) and prepared and filed a detailed motion to dismiss under Federal Rules of Civil Procedure 12(b), which Plaintiff did not do, and billed less than $3,000 as of the time we began the opposition to the motion for attorneys' fees. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed the 10th day of March, 2008, at San Diego, California. __________________________________ Gregor A. Hensrude
2989-1001 569673v1

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DECLARATION OF GREGOR A. HENSRUDE IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION FOR ATTORNEYS' FEES 07-CV-2279-H-(CAB)