Case3:13-cv-05788-RS Document23-2 Filed10/03/14 Page1 of 14
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K AZERO UNI LAW G RO UP, APC
24 5 F ISCHE R A VENUE , U NIT D1
C OS TA M ES A , CA 92 62 6
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KAZEROUNI LAW GROUP, APC
Abbas Kazerounian, Esq. (249203)
[email protected]
Matthew M. Loker, Esq. (279939)
[email protected]
245 Fischer Avenue, Unit D1
Costa Mesa, CA 92626
Telephone: (800) 400-6808
Facsimile: (800) 520-5523
HYDE & SWIGART
Joshua B. Swigart, Esq. (225557)
[email protected]
2221 Camino del Rio South, Suite 101
San Diego, CA 92108
Telephone (619) 233-7770
Facsimile: (619) 297-1022
Attorneys for Plaintiff,
Than Zaw
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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THAN ZAW, INDIVIDUALLY
AND ON BEHALF OF ALL
OTHERS SIMILARLY
SITUATED,
Plaintiff,
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v.
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NELNET BUSINESS
SOLUTIONS INC.; NELNET,
INC.; and NELNET
SERVICING, LLC; and DOES 1100,
Case No.: C 13-05788 RS
DECLARATION OF ABBAS
KAZEROUNIAN IN SUPPORT OF
MOTION FOR AWARD OF
ATTORNEYS’ FEES, COSTS, AND
INCENTIVE AWARD FOR
PLAINTIFF
DATE:
November 13, 2014
TIME:
1:30 p.m.
COURTROOM: 3
HON. RICHARD SEEBORG
Defendant.
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LAW OFFICES OF TODD M.
FRIEDMAN, P.C.
Todd M. Friedman, Esq. (216752)
[email protected]
324 S. Beverly Dr., #725
Beverly Hills, CA 90212
Telephone: (877) 206-4741
Facsimile: (866) 633-0228
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DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF
ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF
PAGE 1 OF 14
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I, ABBAS KAZEROUNIAN, declare:
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1. I am one of the attorneys for the Plaintiff THAN ZAW (“Plaintiff”) in this
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action. I submit this declaration in support of the Motion for Attorneys’ Fees
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and Costs against Defendant NELNET BUSINESS SOLUTIONS, INC.
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(“Defendant”).
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California state courts. If called as a witness, I would competently testify to
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the matters herein from personal knowledge.
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K AZERO UNI LAW G RO UP, APC
24 5 F ISCHE R A VENUE , U NIT D1
C OS TA M ES A , CA 92 62 6
DECLARATION OF ABBAS KAZEROUNIAN, ESQ.
I am licensed to practice law before this court and all
2. The declaration is based upon my personal knowledge, except where
expressly noted otherwise.
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3. I am a Partner of the law firm of Kazerouni Law Group, APC (“Kazerouni
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Law Group”), a member in good standing of the bar of the State of
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California. I am also admitted in every federal district in California and
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have handled federal litigation in Minnesota, Tennessee, Washington, Ohio,
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Nevada and Texas. I respectfully submit this declaration in Support of
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Plaintiff’s Motion for Attorneys’ Fees.
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Background and Experience
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4. Since my admission to the California bar in 2007, I have been engaged
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exclusively in the area of consumer rights litigation, primarily in the area of
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fair debt collections, the defense of debt collection lawsuits, and class action
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litigation under the Telephone Consumer Protection Act and California’s
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invasion of privacy statutes, under Penal Code § 632 et seq.
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5. Kazerouni Law Group, APC has been preliminarily confirmed as class
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counsel for purposes of this action and to proceed with the class action
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settlement.
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principal, has litigated over 2000 cases in the past seven years. My firm has
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offices in Orange County, San Luis Obispo, and Las Vegas, Nevada.
My firm, Kazerouni Law Group, APC, in which I am a
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DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF
ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF
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24 5 F ISCHE R A VENUE , U NIT D1
C OS TA M ES A , CA 92 62 6
Case3:13-cv-05788-RS Document23-2 Filed10/03/14 Page3 of 14
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Kazerouni Law Group, APC has extensive experience in consumer class
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actions and other complex litigation. My firm has a history of aggressive,
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successful prosecution of consumer class actions, specifically under
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California Penal Code § 630, et seq. (“CIPA”), the Telephone Consumer
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Protection Act of 1991, 47 U.S.C. § 227 (“TCPA”), and the Fair Debt
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Collection Practices Act, 15 U.S.C. § 1692 et seq (“FDCPA”). My practice
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involves significant class action litigation and I am or have been counsel in
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significant national class actions including, but not limited to, class actions
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against Bank of America, Chase and Wells Fargo to mention a few.
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6. In addition to my class action experience, I have experience in commercial
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litigation and large-scale products liability litigation including a $2.5 million
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dollar settlement in Mei Lu Hwei, et al v. American Honda Motor Co., Inc.,
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et al. (Case No. BC401211 in Superior Court of California for County of
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Los Angeles). I have regularly litigated cases in state and federal courts, and
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have reached numerous confidential seven-figure settlements against
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internationally known companies.
Experience Relevant to Consumer Rights Class Actions
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7. I have filed and litigated consumer rights class actions based on the CIPA,
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TCPA, and FDCPA in the past several years. The following is a non-
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exhaustive list of consumer rights class actions which I am or have been
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personally involved in:
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a. Knell v. FIA Card Services, N.A., 12-cv-426 AJB (WVG) (S.D. Cal.)
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(California class action settlement under Penal Code 632 et seq., for
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claims of invasion of privacy. Settlement resulted in a common fund in
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the amount of $2,750,000; preliminarily approved on January 23, 2014;
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DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF
ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF
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b. Knutson, et al. v. Schwan’s Home Service, Inc., 12-CV-00964-GPC-DHB
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(S.D. Cal.) (Heavily contested TCPA class action; Settlement resulted in
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a common fund in the amount of $2,500,000, awaiting preliminary
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approval;
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c. Malta, et al. v. Wells Fargo Home Mortgage, et al., 10-CV-1290 IEG
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(BLM) (Served as co-lead counsel for a settlement class of borrowers in
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connection with residential or automotive loans and violations of the
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TCPA in attempts to collect on those accounts; obtained a common
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settlement fund in the amount of $17,100,000; final approval granted in
2013);
K AZERO UNI LAW G RO UP, APC
24 5 F ISCHE R A VENUE , U NIT D1
C OS TA M ES A , CA 92 62 6
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d. Conner v. JPMorgan Chase Bank, et al., 10-CV-1284 DMS (BGS) (S.D.
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Cal.) (Currently serving as co-lead counsel for the settlement class of
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borrowers in connection with residential loans and TCPA violations
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stemming from the collection of those accounts; Settlement of more than
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$11,000,000.00 preliminarily approved);
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e. In Re: Midland Credit Management, Inc., Telephone Consumer
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Protection Act Litigation, 11-md-2286 MMA (MDD) (S.D. Cal.)
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(Counsel for a Plaintiff in the lead action, prior to the action being
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recategorized through the multi-district litigation process; still actively
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involved in the MDL litigation and settlement process);
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f. In Re: Portfolio Recovery Associates, LLC Telephone Consumer
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Protection Act Litigation, 11-md-02295-JAH (BGS) (Counsel for a
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Plaintiff in the lead action, prior to the action being recategorized through
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the multi-district litigation process; still actively involved in the MDL
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litigation and settlement process);
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DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF
ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF
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g. Arthur v. SLM Corporation, 10-CV-00198 JLR (W.D. Wash.)
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(nationwide settlement achieving the then-largest monetary settlement in
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the history of the TCPA: $24.15; final approval granted in 2012)
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h. Lo v. Oxnard European Motors, LLC, et al., 11-CV-1009-JLS-MDD
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(S.D. Cal.) (achieving one of the highest class member payouts in a
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TCPA action of $1,331.25; final approval granted in 2012);
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i. Sarabri v. Weltman, Weinberg & Reis Co., L.P.A., 10-01777-AJB-NLS
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(S.D. Cal.) (approved as co-lead counsel and worked to obtain a national
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TCPA class settlement where claiming class members each received
K AZERO UNI LAW G RO UP, APC
24 5 F ISCHE R A VENUE , U NIT D1
C OS TA M ES A , CA 92 62 6
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payment in the amount of $70.00; final approval granted in 2013);
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j. Barani v. Wells Fargo Bank, N.A., 12-CV-02999-GPC-KSC (S.D. Cal.)
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(Class action settlement under the TCPA for the sending of unauthorized
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text messages to non-account holders in connection to wire transfers;
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preliminarily approved for $950,000.00)
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k. Sherman v. Yahoo!, Inc., 2014 U.S. Dist. LEXIS 13286; 13-CV-0041-
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GPC-WVG (S.D. Cal.) (TCPA class action where Defendant’s motion
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for summary judgment was denied holding that a single call or text
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message with the use of an ATDS may be actionable under the TCPA).
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l. Olney v. Progressive Casualty Insurance Company, 2014 U.S. Dist.
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LEXIS 9146 (S.D. Cal.); 13-CV-2058-GPC-NLS (Defendant’s motion to
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dismiss or in the alternative to strike the class allegations was denied
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finding that debt collection calls were not exempt from coverage under
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the TCPA, case pending);
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m. Iniguez v. The CBE Group, Inc., 2013 U.S. Dist. LEXIS 127066 (E.D.
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Cal.); 13-CV-00843-JAM-AC (the court denying Defendant’s motion to
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dismiss and to strike class allegations holding that the TCPA applies to
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any call made to a cellular telephone with an ATDS);
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DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF
ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF
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n. Mills v. HSBC Bank Nevada, N.A., Case No. 12-CV-04010-SI (N.D.
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Cal.) (TCPA class action, settled and drafting preliminary approval
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papers);
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o. Martin v. Wells Fargo Bank, N.A., 12-CV-06030-SI (N.D. Cal.);
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p. Heinrichs v. Wells Fargo Bank, N.A., 13-CV-05434-WHA (N.D. Cal.);
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q. Newman v. ER Solutions, Inc., 11-CV-0592H (BGS);
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r. In Re Jiffy Lube International, Inc., MDL No. 2261 [Finally approved for
$47,000,000.00];
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s. Jaber v. NASCAR, 11-CV-1783 DMS (WVG) (S.D. Cal.);
K AZERO UNI LAW G RO UP, APC
24 5 F ISCHE R A VENUE , U NIT D1
C OS TA M ES A , CA 92 62 6
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t. Ridley v. Union Bank, N.A., 11-CV-1773 DMS (NLS) (S.D. Cal.);
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u. Ryabyshchuk v. Citibank (South Dakota) N.A., et al, 11-CV-1236 IEG
(WVG);
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v. Sherman v. Kaiser Foundation Health Plan, Inc., 13-CV-0981-JAH
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(JMA) (S.D. Cal.) (TCPA class action, settled and drafting preliminary
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approval papers);
w. Rivera v. Nuvell Credit Company LLC, 13-CV-00164-TJH-OP (E.D.
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Cal); and,
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x. Hoffman v. Bank of America, 12-cv-539 JAH (DHB) (S.D. Cal.)
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(California class action settlement under Penal Code 632 et seq., for
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claims of invasion of privacy. Settlement resulted in a common fund in
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the amount of $2,600,000; preliminarily approved on February 13, 2014;
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y. Karayan v. Gamestop Corp., 3:12-CV-01555-P; and,
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z. Couser v. Comenity Bank., 12-cv-484 MMA (BGS) (S.D. Cal.)
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(California class action settlement under Penal Code 632 et seq., for
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claims of invasion of privacy. Settlement resulted in a common fund in
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the amount of $8,400,000; preliminarily approved on October 2, 2014.
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DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF
ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF
PAGE 6 OF 14
K AZERO UNI LAW G RO UP, APC
24 5 F ISCHE R A VENUE , U NIT D1
C OS TA M ES A , CA 92 62 6
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8. The cases listed above, many of which have already settled, have resulted in
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the creation of combined common funds and/or distribution to class member
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in the hundreds of millions of dollars. The outstanding results mentioned
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above are a direct result of the diligence and tenacity shown by both myself
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and Kazerouni Law Group, APC in successfully prosecuting complex class
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actions.
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Additional Relevant Training, Speaking/Teaching Engagements and
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Associations
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9. I have undergone extensive training in the area of consumer law and the
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Telephone Consumer Protection Act. The following is a list of recent
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training conferences I attended:
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a. Four-day National Consumer Law Center Conference; Nashville, TN –
2008;
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b. Three-day National Consumer Law Center Conference; Portland, OR -
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2008;
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c. Three-day National Consumer Law Center Conference; San Diego, CA -
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2009;
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d. Three-day National Consumer Law Center Conference; Seattle, WA -
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2011;
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e. Speaker ABA National Conference, Business Litigation Section; Trends
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in Consumer Litigation; San Francisco, CA – 2013;
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f. One-Day Class Action Symposium for Consumer Attorneys of
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California; San Francisco - February 25, 2014; and,
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g. Two-day Class Action Symposium – May 2-3, 2014.
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10.
As one of the main plaintiff litigators of consumer rights cases in the
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Southern of California, I have been requested to and have made regular
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presentations to community organizations regarding debt collection laws and
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consumer rights. These organizations include Whittier Law School, Iranian
DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF
ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF
PAGE 7 OF 14
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American Bar Association, Trinity School of Law and Chapman Law School,
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University of Southern California, Irvine, and California Western School of
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Law. I was the principal anchor on Time Television Broadcasting every
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Monday night, as a consultant on consumer law for over a year in 2012.
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11.
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I serve as an adjunct professor at California Western School of Law, where I
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am tasked with providing curriculum and instruction on a three-credit
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Consumer Law course.
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12.
I am a member in good standing of the following local and national
associations:
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K AZERO UNI LAW G RO UP, APC
24 5 F ISCHE R A VENUE , U NIT D1
C OS TA M ES A , CA 92 62 6
In addition to the above listed conferences I have attended in the recent past,
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a. National Association of Consumer Advocates
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b. Federal Bar Association;
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c. American Association for Justice;
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d. Consumer Attorneys of California; and,
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e. Iranian American Bar Association.
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Overview of Kazerouni Law Group, APC’s Efforts in this Action
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Contingent Nature of Action
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13.
There is pending in the United Stated District Court for the Southern District
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of California, a civil action entitled Than Zaw v. Nelnet Business Solutions
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Inc., C 13-05788 RS (“Zaw Action”) wherein Plaintiff alleged that Defendant
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had violated California Civil Code § 632 by recording Plaintiff without
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Plaintiff’s knowledge and/or consent.
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14.
This matter required Kazerouni Law Group, APC to spend time on this
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consolidated litigation that could have been spent on other matters. My firm
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has not been paid anything for our work on these cases since they were filed.
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It is my opinion that law firms in such a position expect to receive a
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multiplier in cases such as these because of the risk taken, the extent to which
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firms are unable to take on other cases, the delay in getting paid and the costs
DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF
ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF
PAGE 8 OF 14
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we have to advance. At various times during the litigation of this class
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action, this lawsuit has consumed my time as well as my firm’s resources.
Kazerouni Law Group, APC’s Lodestar
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Kazerouni Law Group, APC has maintained contemporaneous time records
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since the commencement of this action. I have worked a total of 106.6 hours
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in this action, with a total lodestar of $58,097.00.1
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K AZERO UNI LAW G RO UP, APC
24 5 F ISCHE R A VENUE , U NIT D1
C OS TA M ES A , CA 92 62 6
15.
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All attorneys and staff at Kazerouni Law Group, APC are instructed to
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maintain contemporaneous time records reflecting the time spent on this and
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other matters. The regular practice at Kazerouni Law Group, APC is for all
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attorneys and staff to keep contemporaneous time records, maintained on a
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daily basis, and describing tasks performed in 0.1-hour increments. Firm
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policy requires all staff to enter their time into an electronic timekeeping
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system on a daily basis. I review and audit the time on a regular basis. In
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addition, I have removed the time billed by our paralegals and legal
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assistants. Thus, I have calculated the lodestar on time incurred by attorneys
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only.
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17.
Kazerouni Law Group, APC’s lodestar will grow slightly as we continue to
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finalize the settlement process and close the litigation. The claims period
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will last for a short time after submission of this Motion for Attorneys’ Fees
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and Costs, and Kazerouni Law Group, APC’s commitment of time and labor
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to this case will continue until and beyond that date. Kazerouni Law Group,
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APC will continue to assist Class members with individual inquiries, will
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oversee the claims resolution process, and Class Counsel will help resolve
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Class member challenges to the result of their claims submissions. Judging
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by previous experiences, these responsibilities will require amount of hours
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of work by Class Counsel over the coming months.
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The hourly rate sought and used in this lodge calculation is $545.
DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF
ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF
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Kazerouni Law Group, APC’s Costs
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18.
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expended on each case in the ordinary course of business, which books and
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records evidence which checks have issued on each case and/or which
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accounts payable are associated with each matter. I have reviewed the
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records of costs expended in this matter.
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19.
Kazerouni Law Group, APC has incurred $622.30 in court costs, travel and
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mediation expenses in the Zaw actions. In conferring with my co-counsel at
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Hyde & Swigart and the Law Office of Todd Friedman, I determined that our
total costs for this matter are $15,677.11.
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Reasonableness of Hourly Rates
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K AZERO UNI LAW G RO UP, APC
24 5 F ISCHE R A VENUE , U NIT D1
C OS TA M ES A , CA 92 62 6
Kazerouni Law Group, APC maintains all books and records regarding costs
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20.
ranges charged by comparable law firms in the State of California.2
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Kazerouni Law Group, APC’s hourly rates are reasonable in respect to the
21.
From 2009 through present Kazerouni Law Group, APC’s approved hourly
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rate for both attorneys and support staff has steadily increased. Different
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rates have been approved based on the complex or non-complex nature of the
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litigation. For non-complex matters, courts have regularly awarded an hourly
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rate for partners between $300 and $395.3 For complex matter, Kazerouni
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2
See National Law Journal article dated December 10, 2007, detailing partners’ hourly rates at
many law firms across the country. Note that in the 2007 time period reflected in that article that
partners at the California law firms billed out in excess of $450 per hour. Luce, Forward,
Hamilton & Scripps in San Diego at that time billed out its partners at a median hourly rate of
$475, with a low of $325 and a high of $725. Loeb & Loeb in Los Angeles billed its partners at
a median of $600, with a low of $425 and a high of $875. Manatt, Phelps & Phillips in Los
Angeles billed its partners at a median rate of $590 per hour, with a low of $520 and a high of
$785. Fenwick & West of the Silicon Valley in Mountain View, California billed its partners at
a median rate of $600 per hour, with a low of $500 and a high of $775 per hour. Our three firms’
hours hourly rates are well within the ranges reflected therein, and those rates in the article are
from 2007, and likely have increased substantially since then.
3
See Grande, et al. v. Fair Collections & Outsourcing, Inc., CV12-4659 PA(SHx) (C.D. Cal.)
[Dkt. No. 48](Approving attorney Kazerounian at $300 per hour).
DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF
ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF
PAGE 10 OF 14
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Law Group, APC’s reasonable billing rate has been approved by the Courts
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from $395 - $545. The hourly rate sought in this matter is $545 per hour.
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22.
While I have sought in the past and have been approved by the past, I am not
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currently seeking reimbursement for the time my paralegal has spend on the
5
combined manners. The total lodestar sought is based solely on the attorney
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hours incurred by me.
Overview of Work Performed
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K AZERO UNI LAW G RO UP, APC
24 5 F ISCHE R A VENUE , U NIT D1
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23.
To provide the Court with an overview of the work done by Kazerouni Law
9
Group, APC in this case, without requiring the review of our voluminous
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time records themselves, I divide my firm’s work into specific phases that
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track the progress of the litigation from our initial investigation through
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settlement.
13
24.
Initial Case Investigation.
Such investigation included the following:
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Conducting extensive factual and legal research into the merits of the privacy
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claims; discussing the facts with my client; conducting research on the
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Defendant and subsidiaries including whether Defendant had been
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investigated for any prior privacy violations; discussing joint prosecution of
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the action; and drafting, revising, and filing the Complaint, as well as
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drafting and filing the amended Complaint.
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25.
Motion Practice. I was forced to devote many hours to Motion practice on
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this matter.
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Determination of Discovery Dispute. I was also required to expend time
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preparing Motions for Preliminary Approval, Final Approval and the current
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Fee Petition.
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26.
Said hours were necessary to prepare a Joint Motion re
Mediation. Preparing for mediation consumed numerous hours for reviewing
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case law and preparing the mediation brief. In addition, I was required to
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travel and from mediation with the Honorable Edward A. Infante (Ret.).
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DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF
ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF
PAGE 11 OF 14
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27.
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the deposition of Defendant’s F.R.C.P. 30(b)(6) witness for the purposes of
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confirmatory discovery.
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28.
Preliminary Approval and Overseeing Settlement Administration. As stated
5
above I spent a considerable amount of time drafting and conferring with
6
opposing counsel on the preliminary approval motion and supporting
7
documentation. Once this matter was granted preliminary approval, I spent
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numerous hours overseeing the notice and administrative process.
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29.
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Motion for Attorneys’ Fees and Costs. I spent a substantial number of hours
researching, drafting and filing the current Motion.
10
K AZERO UNI LAW G RO UP, APC
24 5 F ISCHE R A VENUE , U NIT D1
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Confirmatory Discovery. I spent numerous hours drafting and preparing for
30.
Anticipated Additional Hours Expended. I anticipate a significant amount of
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work and hours will be expended after the filing of the fee application in this
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matter. Based on previous settlements, it can be reasonably estimated that an
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additional 25 hours will be expended on overseeing the administration of the
15
settlement, preparing the final approval papers and attending the final
16
approval hearing.
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Careful Review of Class Counsel’s Lodestar and Deletion of Duplicative Work
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31.
I personally reviewed the time reported in this matter for all attorneys, law
19
clerks, paralegals, and other personnel. I can therefore confidently assert that
20
the lodestar and hours reported in this declaration are reasonable, particularly
21
in light of our efforts and accomplishments in this litigation.
Multiplier Sought
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23
32.
My lodestar totals $58,097.00
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33.
We are seeking a multiplier of 1.82,4 based upon the total fees incurred by all
25
Class Counsel lodestars of $163,338.00 and the amount of fees sought of
26
$297,027.00.
27
28
4
The precise multiplier sought by Class Counsel is 1.818480696; however, Class Counsel refers to
the approximate multiplier of 1.82 for the sake of clarity.
DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF
ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF
PAGE 12 OF 14
Case3:13-cv-05788-RS Document23-2 Filed10/03/14 Page13 of 14
K AZERO UNI LAW G RO UP, APC
24 5 F ISCHE R A VENUE , U NIT D1
C OS TA M ES A , CA 92 62 6
1
34.
This case is such a case that would not have been pursued by any counsel in
2
the local geographical area unless a multiplier would be awarded. This is
3
based on the contingency nature of this matter, the litigation risks involved,
4
and the lost opportunity costs associated with undertaking this action, which
5
could have been allocated to other cases. Such a multiplier is expected
6
because of the type of class of cases in which this action falls into.
7
Furthermore, there is absolutely no incentive for a client to hire an attorney
8
on an hourly basis to pursue the statutory damages for a Penal Code § 632
9
privacy violation if the maximum recovery would be $5,000. That would be
10
non-economical for any client as the attorneys’ fees would far exceed any
11
potential recovery.
12
35.
Furthermore, cases in which I charge an hourly rate take into account that I
13
will likely be paid for my work. If I am not being paid, I can withdraw from
14
the case if necessary and not have to be committed to doing work for perhaps
15
years on a case without knowing if I will be paid or not. Here, and in this
16
class of privacy cases, I and other counsel take these cases on only because
17
the attorneys in the local area expect to be paid a multiplier if the case is
18
successful.
19
obtained for class members, which would not have otherwise received
20
anything.
21
36.
Here the case was successful and substantial recovery was
Based on the type of case, the fact there is not a fee shifting provision and the
22
result obtained a multiplier of approximately 1.82 is warranted in this case. I
23
took this case on contingency, with no guarantee of ever being paid and faced
24
substantial risk should the case proceed to trial. From the onset of this
25
litigation my firm and co-counsel have expended our own resources with the
26
risk that we would recover nothing.
27
///
28
///
DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF
ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF
PAGE 13 OF 14
Case3:13-cv-05788-RS Document23-2 Filed10/03/14 Page14 of 14
Incentive Awards Being Sought
1
2
37.
3
representative is applying for an incentive awards. The class representative
4
has been active in this litigation and provided critical information to their
5
counsel, which made the successful litigation of this matter possible. Zaw
6
assisted with the factual investigation in to his claims.
7
himself available by telephone on the date of the mediation, reviewed and
8
approved the settlement.
9
38.
11
39.
As an incentive award, Zaw seeks $1,500 for his service as a class
Based on the amount of work and involvement by Zaw, the incentive award
in this case is justified.
12
13
Zaw also made
representative. [Settlement Agreement, ¶ 7].
10
K AZERO UNI LAW G RO UP, APC
24 5 F ISCHE R A VENUE , U NIT D1
C OS TA M ES A , CA 92 62 6
As set forth in the Motion for Preliminary Approval, the named class
40.
Class Counsel’s retainer agreement with Zaw provides that counsel may be
14
entitled to attorneys’ fees and “that such an award of attorneys’ fees may be
15
as much as 33 1/3% of any settlement fund or judgment...”
16
17
I declare under penalty of perjury of the laws of California and the United States
18
that the foregoing is true and correct, and that this declaration was executed in
19
Costa Mesa, CA on October 3, 2014.
20
21
22
By: /s/ Abbas Kazerounian
Abbas Kazerounian, Esq.
23
24
25
26
27
28
DECLARATION OF ABBAS KAZEROUNIAN, ESQ. IN SUPPORT OF MOTION FOR AWARD OF
ATTORNEYS’ FEES, COSTS, AND INCENTIVE AWARD FOR PLAINTIFF
PAGE 14 OF 14