HomeMy WebLinkAbout16 RETAINER AG COUNSEL 08-06-01AGENDA REPORT
MEETING DATE: AUGUST 6, 2001
NO. 16
08-06-01
400-10
TO'
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM'
CITY ATTORNEY
SUBJECT:
MOTION TO APPROVE A RETAINER AGREEMENT AND AUTHORIZE THE
CITY MANAGER TO EXECUTE THE AGREEMENT AND DOCUMENTS
REGARDING SUBSTITUTION OF COUNSEL WITH COX, CASTLE &
NICHOLSON, LLP REGARDING EXISTING LITIGATION, EL TORO REUSE
PLANNING AUTHORITY V. COUNTY OF ORANGE
SUMMARY:
The City had retained the services of Deborah Rosenthal of Rosenthal & Zimmerman to
represent the City in a lawsuit filed by ETRPA against the County, challenging the
County's first EIR for the El Toro Airport. Since that time, Ms. Rosenthal has joined the
firm of Cox, Castle & Nicholson. At this point, Ms. Rosenthal's main duties are to
monitor the remainder of the litigation. It is not anticipated that there will be any
significant motions or legal expenses under this contract. Ms. Rosenthal is maintaining
her hourly rate as previously agreed at $200.00 per hour.
RECOMMENDATION:
That the City Council authorize the City Manager to execute the Agreement on behalf of
the City and appropriate documents regarding substitution of Counsel.
FISCAL IMPACT:
None.
ATTACHMENTS'
Retainer Agreement
Substitution of Attorney
IUL-31-2001 (TUE)
I5:20
P, 0 2/ I7
COX, CASTLE & NICHOLSON LL?
A Limited Liabilky Partnership Irtciuding IJrt,£cs~;ion-! Coq~omtions
LAWYERS
19800 MacArthur Boulevard
Suite 600
IrHne, Cali£omia 92612.2435
Telephone (949) 476-2111
Facsimile (949) 476-0256
~,~.,w.ccnJl~W.coin
PRI~LEGED & CONFIDENTIAL
· ATTORNEY-CLIENT COMMUNICATION
Mr. William A. Huston
Assistant City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
Mr, Michael Pamess
City Manager
City of San Clemente
100 Avenida Persidio
San Clemente, CA 92672
Re: Engagement
Dear Messrs. Huston and Pamess:
July 12, 2001
We are pleased that you laave requested Cox, Castle & Nicholson LLP (the "Firm, ") to
provide legal services to you, and we thank you for thc opportunity to be of assistan¢c.
fl~.l~2)
Senior Coumcl
r.l~,~J ¢,
V~ld :J, it~t~tt8
S~111.
Sh~ M. ~ l'~t
Los .~cclca Office
~ Prpl~jt~ C,lir~dn Mil 145~5
'l elepho~ (d I ~)
OUR PILE NO:
99999
WIAITER'8 DIRECT DIAL NUMBER
(949) 2604620
w~ffER'$ E. M41L ADDRESS
aspa uldin~ccalaw.com
We apolog/ze for the formality of fi'ds Agreement, but we believe that it is important that
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our clients have a clear understanding oldie Finn's policies regarding legal services and fees
from the inception o1' our relationship. Moreover, many o£ the provtaons of this Engagement
Agreement ("Agreement") are required ' ' ~
or recommended by Cahforma law, the State Bar of
California, or tl~e Code of Professional Responsibility of the Americma Bar Assomat~on.
JUL-31-2001 17: 14 95Z P. 02
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Mr, William Huston
Mr. Michael Pamesa
July 12, 2001
Page 2
Thc purpose o£ this Agreement is to verify your approval as to the scope oi~our
engagement, thc financial terms of our engagement, and all other aspects of this engagement, as
follows:
1. Scope of 'En~eag,qment. We will endeavor to keep you informcd of the pro. ess of
your ma~ter(s) and respond to your inquiries. On your part, you acka~owledg¢ file ~ecd to provide
us with truthful and accurate intbrmation, and the need to cooperate .mad to keep usI informed of'
any developments. By means 61'th~s Agreement, you are engaging the Firm to represent the City
of Tustin and the City ol'Sau Clemente, intervenors, in the final appeal o£the matter ol'E1 Toro
Reuse Plannin~eAu~orit¥,_et al. v. Board of Supervisors. et al:, Superior Court Ca~e No. 710121,
however, subject to our mutual written agreement,-yo-u-may also engage us to pcrt'0rm additional
services in the future.
2. Fees and Hourly Rates. Our billing practicc iS ~Oev;llt~edg~ofOar~~~~i, serv~¢es,
based primarily on the amount. Of' time, including travel time, hourly rates
for the particular professionals involved. These hourly rates ~re based upon these professionals
experience, expertise, and standing. The hourly rates applicable to your matter will range from
$170,00 per hour for our newest associates to $30:5.00 per hoar For our most se~fio~ associates,
and from $310,00 per hour for our most junior parmers to $450.00 per hoar for our~ most senior
partners, including senior counsel. Our current hourly charge for law clerks is $145,00, and for
paralegal assistants is £rom $180,00 to $210.00. As an accommodation, my rate od this matter
will continue at the special hourly rate of'$200.00. Billing is in quarter-hour increments. These
rates are modified by us from time to.time, and any new rates would be implement~
inmaediately after they are adopted and would apply to legal services rendered aftc~ the effective
date of the new rates which will be reflected on your bill. /
We believe that our hourly rates are comparable with the rates charged for~e same kinds
of work by lawyers mad other professionals of similar experience, expert/se and stahding. We try
to use associate and paralegal support on projects where appropriate, and we will b~ happy to
discuss the staffing of your project with you,
We normally treat our hourly rates as guidelines and do not always merely nultiply the
time by the hourly rate to determine the proper fee. When billing, we review our computer-
prepared time records carefully axed make appropriate adjustments if we feel tl~ey are called/hr
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under tI~e circumstm;ces. IJx our experience, this manner of billing ~s customary for,, firms l~ke
ours, where work is perfomaed by v,~ous professionals, mm~y of whom are specialists in thc
type of work being undertaken. ·
The City of Tustin agrees to pay for all activities undertaken in providing l~gal services
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to you under this Agreement, m¢Iudmg but not bm:ted to th~ following: conferences, including
pr~ar,,tion and participation; prcpa'ation and review of correspondence and othcr ?,lo,inherits;
legal research; court and other appearances; including preparatxon and pam¢~pat~on; and
t¢lcphon¢ calls, including calls wxth you, other attorneys or persons revolved w~th this matter,
&iL-31-2001 17:15 95x P.03
JIJL-31-2001 (TUE)
IS:Ii
Mr. William Huston
Mr. Michaol Parncss
July 12, 2001
Page 3
P, 004/017
and govcrnmental agencies. The legal personnel assigned to your matter will confer among
themselves about the matter, as requircd. When thcy do confer, each person will charge for thc
thne expended. Likewise, if morc than onc of our legal personnel attends a mectin~g, court
hearing or other proceeding, each will charge for the time spent. We wi I! clmrg¢ f6r travel time,
both local and out of town, [
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3. Additional Services and OutsS__d_e_Exr~_enditurcs. Wc may provide adlditional
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services in-housc in-conncction with-our legal representation of you. These m-house additional
services typically include photocopying, computerized research, £acsimilc services! long distance
tclcpMnc, postage, stag overtime, word processing, and small field expenses for rfiilcagc, meals,
parking, lodging, and the like. We will btll thesc services to the City ofTustm d~rpctly at our
usual and customary rates. A summary of our charges for these services is available on request.
Our legal representation may also involve additional serviccs provided by t,hird party
vendors outsidc of thc Firm. Thc City o£Tustln will be required either to pay for these outside
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adctitional services dircctly, or to rcimbursc us il' wc make payment For these semccs on your
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behalf'. We sometimes will make pa)anent for, and then bill you for rctmburscrnmt o_r, smaller
items such as filing fees, photocopying by outside copying services, recording fees!, mcsscngcr
services, service of process, and Court ices. When there are substantial expcndituics involving
outside veudors (such as/'or depositions, cxpcrt witnesses, exhibit preparation, or a, ir tare), or
substantial out-of-pocket expenditures (such as cxtcndcd field cxpmscs, large outside copying
jobs, or jury fees), we will require either that thc City of Tustin pay those sums to t~s before we
expend them, that you provide an advance deposit for such expenditures, or that ydu directly
contract with and pay the outside vendor,
4. _Mqnth..lv Statcm_cnts .and Payment Tc..rms.. Our practice is to send a uonthly
statement of our charges for legal services and in-house additional services renderS, d, and. for
reimburseanent o£payrnents made on our client's behalf for outside additional services. The
detail in thc monthly statement will inform you of both thc nature and progress o£ 6ur work, and
of the charges.and e?:penditures being incurred.
Each monthly statement is fully due and payable upon receipt, but hi no event later
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thirty (30) days after its issuam:c datc. Wc reserve the fight to charge, at the rate of ten per cent
(10%) per year, a montNy late payment charge on the unpaid balance of any statement not
timcly paid in full, computcd Rom thirty (30) days after the statement issuance dat~e until
payment.
We specifically reserve the right to withdraw from represumtation of' you a d to
immediately cease performing all services if we do not receive full payment of any,~ mounts
owed to us within thirty (30) days of'any statement. /
We do our best to see to it that our clients are satisfied not only with our le,:,all~
representation mad services, but also with the reasonableness of our charges. Therefore, if you
Jt. Jt_-~:L-2013~. 17:3.6 95X P. 04
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P, 005/017
Mr. William Huston
Mr. Michael Pamcss
July 12, 2001
Page 4
should ha4~e m~y q~stion about or objection to a monthly statemm'~t, our services, or our chargcs,
then you should raise it promptly for discussion. If you objcct'to only a portion ofithe charges on
a statement, then you agree to pay the remainder, which will not constitute a waiv~ir of your
objection.
5. AdvanceDego_sit_for~Payments. No advmace deposit for payments is required at
this time. However, we reserve the fight to require an advance deposit for paymen! of our
charges for services and expenditures in the future due to circumstances such as substantial
expenditures, imminence of trial or other hearing, or delayed payment of any priorlstatement.
While we will attempt to obtain a favorable settlement of your matter, it may proceed to a
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trial or otlaer heating. Preparing for and actually conducting the trial or other hean~ng o£ a matter
are usually the most time-consuming services in any litigation engagement. We m~ay require,
therefore, that you provide us with an additional separate deposit prior to our commencement of
preparation to cover part of our charges for tlaese services and related' expenditures[ The amount
of the deposit will be determined once trial or other heating appears inevitable and[as soon as
possible prior to the date the matter is set for trial or other hearing, based upon an estimate of
magnitude of services and expenditures which may be involved. /
If you fail to provide this additional deposit within thirty (30) days after it ils requested by
us, we have thc right to resign inmacdlately from further representation of you.
6. ..Conflic_t Waiver. As we have discussed with each of you, our representation of
the Client may involve potential conflicts of interest in that flue interests and objectives of the
Cities of Tustin and San Clemente individually on certain issues may, from time tc~ time, become
inconsistent with the interests and objectives of the other. In tlxis regard, we must ~dvlse each of
you that, during the course of our representation, there will be no matters of confidence between
either of' you mad us relating to the subject matter of our representatio~h although s~ch
confidences will exist with respect to any third party. This means that any commumcat~on made
to tm by, or from us to either of'you, concerning our representation of the Client an~d matters
affected by such representation, may or will become known to both or either of yo~ during the
course of our representation. Also, you have instructed us flint Lois Jeffrey and Mike Pamcss are
thc designated rc'0rcscntative of the Cities of Tustin and San Clemente, respecuvely, for purposes
of communicating with this firm. Accordingly, unless you direct this l'n'm otherwi/~e in writing,
this finn will assume tl~at you are fully auflmrized to provide all directions and instructions to
this firm on behalf of the Client and that this firm does not need to separately confirm any such
directions or instructions with any other parties. In the event ora conflict betweenleach of you
as to the rammer of proceeding in flue litigation, the contents of the pleadings and bi'iefs and any
substantive or procedural matter, each of you agrees that we will accept final direc[ion or
insrxuctions from thc City of Tustin. '
In addition, tl~e City of Tustin has requested that we make ourselves availaglc to
represent it individually and, if a dispute arises between either o£ you with respect to this
J[IL-31-2flfll (TUE) I5'23
Mr, William Huston
Mr. Michael Pamcss
July 12, 2001 '
Page 5
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litigation, fl~at we continue to represent the City of'Tustin individually notwithstan[cling the
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existence o[' the dispute even if the dispute involves litigation between the two cttms. Conflicts
of interest may arise by reason of our agreement to continue representation of thc City of Tu$fin
under the~e circumstances. As we have discusscd with each of you, our continuin~
representation of the City of Tustin individually, cifl~cr prior to or after the occurrehc¢ of such a
dispute, requires eacl~ of your consent.
In addition to potential conflicts between the City of Tustin and thc City oqSm3
Clem~te, it is possible that we may represent individuals or entities which own o~ acquire land
within the boundaries of one or both of you, either now or in the future. In the event that these
individuals or entities se¢l¢ governmental 'approvals or otherwise take action wl~ic!! may be
adverse to either of you, each of' yo~.t consents to our representation of these individuals or
entities in connection with these approvals or actions. In other words, nothing in
representation under tiffs Agreement shall prevent us from representing landowners or other
applicants within your jurisdictions. Under certain circumstm~ces, tl~is representation may
require yotrr consent. I
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As attorneys we are governed by specific talcs relating to oar representation of clients
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whm present or potential conflicts of interest exist. Rule 3-310 of the Rules of Professtonal
conduct of thc State Bar of California provides, in relevant part, as follows'
For purposes of' this rule:
(2)
(3)
"Disclosure" means infonning rite client or former climat or the
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relevant ckcumstmaees and of the actual and reasonably
foreseeable adverse consequences to the clieaat; /
"Infon~ed written consent" means the client's or folaner client's
written a~eement to the representation tbllowing written
disclosures;
"Written" means any writing as defined in Evidence
250.
A member shall not accept or continue representation of a cl
providing written disclosure to the client where;
(1)
The member has a legal, business, t'maacial, professi
Code Section
.ent without
~nal, or
personal r¢lationsl:dp with a party or wimess in the game matter; or
(2)
Ti~e member knows or rcasonably should ka~ow that:
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JUL.-3 J.-213t3 J. 1 ?: 1 ? 95z P. 0~
JIIL-3I-2OOl (TUE) I5:24
Mr, William Huston
Mr, M{cl~ael Pamess
July 12, 2001
Page 6
(3)
(4)
(a)
(b)
The member previously had a leg',fi, business
professional; or personal relationslfip witl
wimess in the same matter; and
The previous relationship would substamiall~
member's representation; or
financial,
party or
affect thc
The member has or had a legal, bus/ness, financial, t rofessional, or
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personal relationship with another person or entity fl~e member
knows or reasonably should know would be affected substantially
by resolution of the matter; or
The member has or had a legal, business, financial, c r professional
interest in the subject matter of the r~resentation.
(c)
A member sl~all not, without the informed writtcn consent o[' each client;
(I) Accept representation of more than one client in a matter in which
the interests of the clients potentially conflict; or
(2) Accept or continue representation of more than onecIlient in a
matter in which the interests of the clients actually confl~ct; or
(3) Rcpresmt a client in a matter mad at flue same time ~ a separate
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matter accept as a client a person or entity whose interest in the
first matter is adverse to the client in the first matter.
(D) A member shall not, without the informed writtcn consent of the client or
former client, accept employment adverse to the chent or fourier chent
where, by reason of the representation of the clieaat or formeq client, II~e
member has obtained confidential information material lo thte
employment.
As indicated above, conflicts of interest may develop between or involving each of you in
connection with this litigation or other matters. The City of Tustin has asked that w~e make
ourselves available to represent it individually in the event' of such a conflict or dispute. Our
continued representation of the City of Tustin in the event of such dispute may be ~idverse to the
City of San Clememe in that we may obtain confidential infon~ation material to s~ch dispute
from our represm~tation of the Client. Accordingly, we request that each ol' you si~,n and return
to us a copy of this letter, on bcha.lf o£both the City of Tustin and the City of San Clemem¢, to'
(i) consent to our representation of the City of Iustin individually, even in the evea4t of a future
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dispute between each. of you, including any dispute that becomes adversarial in nature and/or
results in litigation between each of you, whether arising out of the subject of reis ~ epresentation
,
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Mr. William Huston
Mr. Michael Parness
July 12, 2001
Page 7
or any future matter; (ii) waive any right that either of you may have to disqualify mr firm, or
any of the lawyers associated with our firm, from representing fl~e City of Tustin in any'such
dispute, including any litigation arising from such dispute; and (iii) acknowledge tlaat, in giving
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such consent and waiver, you have been advised of Rule 3-310, our agreement to continue our
representation of the City of Tustin, the potential for conflicts of interest which ma~y occur by
reason of our multiple representation of the City orTttstin m~d the City of San Cle~eme ~d the
fact flint during the course of our representation of the Client confidential information may
become know~ to us wlfich may adversely affect one or more of you in the event tfiat we
represmt the City of Tustin in any dispute between or involving the two of you.
Because your ¢ons~t and waiver set fortt~ in the preceding paragraph involves significant
legal rights, we strongly recommend that each of you seek independent counsel wi.~ respect to
the possible' conflicts of interest and yom' execution of the acknowledgement and cbnsent set
forth in this letter, '
7. Withdrawal From Rer~resenta_figg._ The attorney-client relationship is one of
mutual trust and confidence, If you l-~a~,-e any questions at ali about the provisions ~f this
Agreement, we invite your inquiries. We encourage our clients to inquire about anly matter
relating to our engagement a~m'eemcnts or monthly statements which may be in a. ay~ way unclear
or appear unsatisfactory. If you do not meet your obligation of timely payments o~ deposits
under this Agreement, we reserve the right to withdraw from your representation on that basis
alone, subject of course to any required judicial, administrative, or other approvalsJ
/
This Agreement is also subject to termination by either party upon reasonab, lle notice for
any reason. If there were to be such a termination, however, you would remain liable for all
unpaid charges for services provided and expenditures advanced or incurred.
8, Duties Upon Termination of Acti..ve. Re. presentation. Upon termination of our
active involvement in a particular matter fOr which we had previously been engage~ we will
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have no £urthcr duty to infoma you of future developments or changes in law wh~cl} may be
relevant to such matter in which our representation has terminated. Further, unless[ you and the
Firm agree in writing to the contrary, we will have no obligation to monitor renewal or notice
dates or similar deadlines which may arise fi'om the matters for which we had been engaged. If
your mailer involves obtaining a judgment and such judgment is obtained, we will ,~nly be
responsible for those post judgment services (such as recording abstracts, filing jud, gment liens,
and calendaring renewals of judgments) as are expressly agreed to by you and fl~e Firm in
writing, agreed upon by the Firm and for which you will be obligated to pay.
9. Docum__crnt St_or.a~ PoHci.es.. The Finx~'s policy with regard to documents and
other mated.als at the conclusion of a matter is to maintain them in storage for a p~iod ofno
more than seven (7) years. All documents and other mater/als in our file will then be destroyed
o_.r discarded withput no[ice to you. Accordingly, if there are any documents or otb'er materials
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Mr. William Huston
Mr. Michael Parness
July 12, 2001
Page 8
you wish to have retrieved From your file at the conclusion o£ a matter, it will be necessary for
you to advise us of that rcqucst to ensure that they arc not destroyed.
l 0. Arbi _tra_tip3l. We appreciate the opportunity to serve as your attorneys and
anticipate a productive and harmonious relationship. If you should feel for any re.on that there
is a problem with the $orvice$ we have performed or with our charges, we encourake you to
bring fl~at to our attention irmnediately. If we perceive a problem with your representation, we
likewise will endeavor to discuss it with you. Most problems should be rex;tiffed b~
communication and discussion. However, a dispute might arise between us wkich[could not be
resolved by negotiation. We believe that such attorney-client dispmes are most satisfactorily
resolved through' final and binding arbitration rather than by litigation. Both the U~)ited Slates
Supreme Court and the California Supreme Court have endorsed arbitration as an .4ceepted and
favored method of resolving disputes, because it is economical and expeditious.
In arbitration, there is n~o right to a trial by jury and the arbitrator's legal an~ factual
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determinations are generally no_.~t subject lo appellate review. Arbitration niles of evadmace and
procedure axe often less formal and less rigid tlxan the rules which apply in Court. [Arbi=afion
usually results in a decision much more quickly ~lama proceedings in Court, and the[ attorneys'
fee~ and other costs incurred by both sides may be substantially less. You are free [to discuss the
advisability of' arbitration ,,vita us, or with your own independent counsel or any oflyour other
advisors, and to ask any questions which you may have.
By signing this Agreement, we agree that, in the event of any dispute or claim arising out
,,
of or relating to this Agreement, our relationship, our charges, or our servlce~ (mcl.uding bu~ not
limited to disputes or claims regarding our charges, professional malpractice, errork or
omissions, breach of' contract, breach of fiduciary duty, fraud, or violation of any s!atute), SUCH
DISPUTE OR CLAIM SHALL BE RESOLVED BY SUBMISSION TO FINAL AND
BINDING ARBIT~TION IN ORANGE COUNTY, CALIFORNIA, BEFORE/~ RETIRED
IUDGE OR JUSTICE. BY AGI:~EEING TO AR31TRATE, YOU WAIVE ANY I~IGHT YOU
HAVE TO A COURT OR JURY TRIAL. Venue with regard to any ancillary proqeedings
arising out of sucl~ dispute or claim shall also be in Orange County. If we are unal:/le to mutually
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StlC¢
agree on a retired judge or justice, then each side will name one retired judge or ju and the
two named persons will select a neutral judge or justice who will act as the sole arl~itrator. The
fees of the arbitrator will be paid initially equally by both the Fixm and you. Howler, the
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arbitrator shall have the right to order eit!~¢r party to pay all fees m~d costs as part of Ns award.
In arbitration, we shall both be entitled to conduct discovery in accordance atith the
provisions of the California Code of Civil Procedure, but cithcr of us may request flint the.
arbitrator limit the amount or scope of such discovery and, in detemaining whetherlto do so, thc
arbitrator shall balance the need for the discovery against the parties' mutual desire to resolve
disputes expeditiously and inexpensively.
J'UL-3~.-200~. 17' 19 95Z P.09
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Mr. William Huston
Mr. Michael Pamess
July 12, 2001
Page 9
Under California law, you have the right, if you desire, to request arbitration of any fee
dispute before an arbitrator or panel of arbitrators selected by a local bar association or the State
Bar ("Bar Arbitration") and a trial de.nero in court if dissatisfied with thc result. If you do
request a Bar Arbitration, the law provides that evidence of any claim of malpractice or
professional misconduct is admissible only concerning the fees or costs in dispute and that the
Bar Arbitrators shall not award any affirmative relief in the form of damages, offset or otherwisc
on account of such claim. By signing this Agreement, you agree that if a Bar Arbitration is
conducted, that Bar Arbitration or any trial de novo in Court thereafter shall determine ~ the
issue of the amount of fees properly ohargeable to you, if any, and that such Bar Arbitration or
trial de novq in Court thereafter shall have no effect on the provisions set forth above which
require arbitration before a retired judge or justice of any claims for affirmative relief based on
alleged professional malpractice, errors or omissions, breach of' conduct, breach of fiduciary
duty, fraud or violation of any statute. Any such claims shall be solely determined in an
arbitration proceeding by a retired judge or justice without regard to the result of any Bar
Arbitration or trial de hove thereafter.
11. Consent to Electro...nic Co .m___~.. ~unications.. In ord,er to maximize efficiency in this
matter, we intend to use state of the art communications devices to the fullest extent possible
(e.g., E-Mail, documgnt transfer by computcr, cellular telephones, and facsimile transfers). The
use of' such devices under current technology may place your confidences and privileges at risk.
However, we believe the effectiveness involved in usc of these dovices outweighs the risk of
accidental disclosure. By signing this letter, you acknowledge your consent to the usc of these
devices.
12. Dis..e. la..imer of Gu_ar_~tee, Nothing in this Agreement should be construed as a
promise or guarantee about the outcome of any matter which we are handling on your behalf,
Our comments about the outcome of your matter are expressions of opinion only. If we should
provide you with an estimate of the fees and costs which may be incurred in connection with our
representation of you, it is important that you understand and acknowledge that any such
estimate is merely an estimate based on numerous assumptions which may or may not prove to
be correct and that any estimate is not a guarantee or agreement of what the maximum amount of
fees and/or costs will be.
13. Future Ma.tt.e.r.s.. Unless otherwise agreed in writing between us, all other matters
referred to us for representation shall be governed by the term of this Agreement, except that our
obligation to represent you shall consist of an obligation to furnish appropriate representation in
such future matters with reasonable diligence as applicable to the matter in question.
14. Entire Ageement. This Agreement contains all terms of the agreement between
us applicable to our representation of you, and may not be modified except by a written
agreement signed by both of us.
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JUL-J1-2001 16' 53 WOODRUFF SPRAD~. I N SMART ?14 835 ?787 P. 03/09
Mr. William Huston
Mr. Michael Parness
July 12, 2001
Page 10
15. Future Conflict, Our undertaking to represent you in the above matter[s] will not
act as a bar so as to prevent us from representing any existing or future client with respect to a
claim, litigation or transaction adverse to yours, so long as in the course of our representation of
you we have not obtained any information that would be adverse to your interests with respect to
such claim, litigation or transaction.
16. Client. The Finn's client for the purpose of our representation is only the person
or entity identified in this Agreement. Unless expressly agreed, we are not undert&ing the
representation of any related or affiliated person or entity, nor any parent, brother-sister, their
officers, directors, agents, or employees.
If this Agreement correctly sets forth your understanding of the scope of the services to
be rendered to you by Cox, Castle & Nicholson LLP and if all of the terms set forth in this
Engagement Letter are satisfactory, then please sign the enclosed copy and return it to me so that
we will be engaged as your legal counsel. If the scope of services described is incorrect or if the
terms set forth are not satisfactory to you, please let us know in order that we can discuss either
aspect.
We look forward to working with you and thank you once again for the opportunity to be
o f service.
Sincerely,
Cox, Castle'& Nicholson LLP
JUL-31-2001 17'43 714 835 7787
P. 03
JUL-51-~001 16:55 WOODRU~ SPR~DLIN SMART 714 8J5 7787
P. ~4×09
Mr. William Huston
Mr. Michael Parness
July 12, 2001
Page 11
The undersigned has read and understands the above Agreement, and accepts and agrees
to all of its terms and conditions.
CITY OF TUSTIN
Date
BYi William A. Hus'~on
CITY OF SAN CLEMENTE
Date:
By: Michael Pamess
99099~231373vl
JUL-31-213131 17' 43
714 835 7787 97X P. 134
JUL-31-~O~l 16' 53 WOODRUFF SPR~DLIN SMART
.?
_ ~_~' _ i ,u · , "]J'' ·" - "
ATTORNEY' OR PARTY WITHOUT ATTORNEY (N~me and Address); TELEPHONE N6.:
Deborah M. Rosenthal. Stake Bar #12889 (949) 476-2111
Cox, Castle & Nicholson
19800 MacArthur Blvd., Suite 600
Irvine, CA 92612
^~O.~FO~(N.m,;: Interveno_.r citv of Tust..in
N~EOFCOU,~: Superior Court of County of S~ Dieg~
S~a~T~~= 220 W. Broadway
M^tU~GA[::O.E. SS.'P. O. Box 122724
¢,T~ANPZ~,¢OO~: San Diego, CA 92112-2724
BRANCHNAME; Central Division ,
........... m ~
CASE NAME: EL TORO REUSE PLANNING AUTHORITY, ET AL
714 835 7787 P.05/09
FOR OOURT USE ONLY
V. BOARD OF SUPERVISORS FOR THE COUNTY OF ORANGE,
ET AL.
' SUBSTi~'UTION OF A'rl:0RNEY 'CIVIL - '~i~£NUM,E,:
{wi.th. out Court Order) ._ 710121
THE COURT AND ALL PARTIES ARE NOTIFIED THAT (name): City__.?f Tustin makes the following substitution:
1. Former legalrepresentative ~ Party represented self lxl Attorney (name): Deborah M.
2. New legal representative ~ Party is representing self* E~ Attorney
a. Name: Deborah M. Rosenthal b. State Bar No. (if applicable): 128893
c. Address (number, street, city, ZIP. and law firm name, if applicable): Cox, Cas r. le & Ni cholson LLP, 19800
MacArthur Blvd. #600, Irvine, CA 92612
d. Telephone No. (include area code):
3. The party making this substitution is a
Intervenor, City of Tus~in
(949) 476-23.13.
n'-]plaintfff r':-']defendant [2~ petitioner
n"] respondent ~ other (specify):
'NOTICE TO PARTIES APPLYING TO REPRESENT THEMSELVES
· Guardian.
· Conservator
· Trustee
· Personal representative
· Probate flduclary
· Corporation
. Guardian ad litem
· Unincorporated
association
If you are applying as one of the parties on this fist. you may NOT act as your own attorney In most cases. Use this form
to substitute one attorney for another attorney. SEEK LEGAL .~VICE BEFORE APPLYING TO REPRESENT YOURSELF.
......... ---- m m i ii .... · ,,
NOTICE TO PARTIES WITHOUT ATTORNEYS
A party representing hlmself or herself may wish to seek legal assistance. Failure to take
{ime and appropriate action in this case may result In serious legal consequences.
4..I consent to lhis substitution.
Date: July ___, 2001
(TYPE OR PRtNT NAME)
5. ~ I consentto this substitution· Date: July ~~, 2001
(SIGNATURE OF PARTY)
,
Deborah M. Rosen~hal
· · · · · · · · · · · · . · · · · . . . . .... · , , . · . , ~
(TYPE OR PRINT NAME}
6, ~-~ I accept thi~ substitution.
Date: July ~~ 20001
.Deb. qr.a.h. M: .Rqs.e.n.tba.% ..............
Form ~a~mta by mc
Judicial GauncB ~ Cetlf~,nl~
MC-OBO [New Janua~, I. 1998J
(13'PI; OR PRINT NAME) (See reverse for proof of ce by mail) ........
SUBSTITUTION OF ATTORNEY - CIVIL ~ co,e e o,~ ,r~,e. ~ ~ 2,~(.~). 2~
C~'. Rule~ of ~un. rule 376
3UL-31-2881 17' 44 714 835 ??87 g?% P. 05
JUL-51-2001 16'55 WOODRUFF SPRRDLIN SMRRT 914 855 ??8? Po06/09
, u:mo zr¥,
IBOARD OF SUPERVISORS FOR T~g COUNTY OF ORANGE, ET
V o CA~"NUMBER:
PROOF OF SERVICE BY MAIL
Substitution of Attorney- Civil
710121
Instructions: After having all.perfles served by mail with the Substitution of Attorney- Civil, have the person who mailed the document
complete this Proof of Service by Mail. An unsi~c/neE copy of the Proof of Service by Mall should be completed and served with the document.
Give the Substitution of Attorney - Civil and the completed Proof of Service by Mail to the clerk for filing. If you are representing yourself,
someone else must mall these papers and sign the Proof of Service by Mail.
1. I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred. My
residence or business address is (specify): 19800 NacArt~ur 9'iv~., Sui~,e 600, Irv~ne, CA 926].2
2. I sewed the Substitution of Attorney - Civil by enclosing a true copy in a sealed envelope addressed to each person whose name and
address is shown below and depositing the envelope In the United States mail with the postage fully prepaid.
(1) Date of mailing: July ~__ , 2001
(2) Place of mailing (city. andstate): Irvine, California
3. I declare under pena(t¥ of perjury under the laws of the SLate of California that the foregoing is true and correct.
Date: July , 2001
.L.P.a.u.1 .ey ......................
('TYPE OR PRINT NAME)
NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED
,
a. Name of person served: ~'. Clement Shute, Jr.
b. Address (number, street, city, and ZIP): Chris[y ~. Taylor
'Shu~e, Mihaly & weinber~er
396 Kayes Street, San Francisco, CA 94102
c. Name of person served: Laurence M. Watson, County Counsel
d. Address (number, street, city and ZIP): Jack W. Golden, DepuC. y
10 Civic Center Plaza, 4th Floor
Santa Aha, CA 92702
e. Name of person served: Michael Scol:~. Gatzke
f. Address (number, street, city, and ZIP): Gatzke, Mispacjel
1921 Palomar Oaks Way, Suite 200
Carlsbad, CA 92008
& Dillon
g. Name of person served: James G. Moose
h. Address (number, street, city, and ZIP); Remy,
455 Capitol Mail, Suite 210
Sacramento, CA 95814
Thomas & Moose, LLp
i. Name of person.served: Ricahrd C.
j. Address (number, street, city, and ZIP):
Howard, Rice, Nemerovski,
Three Embarcadero Center,
Jacobs
Todd E. Thompson, Jonathan W. ~ughes
Canady, Falk & Rabkin
7th Floor, San Francisco, A 94111-4065
~..~ List of names and add.resses continued in attachment.
_.,
M¢-050 [New January 1.
SUBSTITUTION OF ATTORNEY- CIVIL
Page
JUL-31-2001 17'44 714 835 7787 977. P.06
JUL-31-2001
,
.o
16' 54
WOODRUFF SPRRDLiN SMART
714 835 ?787
P. 07/09
Case No. 'D037802
COURT OF APPEAL OF CALIFORNIA
FOURTH · DISTRICT
DIVISION ONE
EL TORO REUSE
AUTHORITY et
PLANNING
al.
Appellants,
vs.
ORANGE COUNTY BOARD
SUPERVISORS et al.
OF
Appellees.
Superior Court
720123
Judge Assigned.
McConnel 1
Notice of Appeal
April 4, 2001
Nos '710121,
Hon. Judith D.
Filing Date'
SUBSTITUTION OF COUNSEL
COX, CASTLE & NICHOLSON LLP
DEBORAH M. ROSENTHAL (STATE
BAR NO. 128893)
19800 MacArthur Blvd.,
Suite 600
Irvine, California 92612-2435
Telephone: (949) 476-2111
Facsimile: (949) 476-0256
Attorneys for
of Tustin
Intervenor City
99999\229691vl
JUL-31-2081 17' 44
714 835 7787 98Z P. 07
JUL-31-~001 1G' 5~
WOODRUFF SPRADL!N SMRRT
714 835' 7787 P.OB/09
.Intervenor, City of Tustin, hereby substitutes Cox,
Casule & Nicholson LLP, 19800 MacArthur Blvd., Suite 600,
Irvine, CA 92612 as counsel of record in place of Rosen~hal &
Zimmerman.
DATED- July ~-, 2001
COX, CASTLE & NICHOLSON LLP
.
~ 7"D%Bora5 -M~. R~enthal
tA~orneys for Intervenor City
of Tustin
I consent to the above substitution.
DATED- July ., , 2001
CITY OF TUSTIN
By-
Its
consent to the above substitution.
DATED- Jui¥ ! 2 0 01
ROSENTHAL & Z lMMERMAN
By'
Above substitution accepted.
DATED- July ~' 200i
COX, CASTLE & NICHOLSON LLP
orah M. Rosen~hal
orneys for Intervenor City
of Tust in
99999\~969~V~
JUL-31-2001 17'44 714 835 7787 98~. P.08
JUL-31-2001 16'54 WOODRUFF SPRRDLIN SMRRT 714 835 ?787 P.09/09
PRO_O,F O.F SERVICE AND CE._R. TIiFICATION
I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the
within action; my business address is 19800 MacArthur Boulevard, Suite 600, lrvine, California 92612-2435.
(For messenger) my business address is:
On July ,2001, I served the foregoing document(s) described as SUBSTITUTION OF COUNSEL on ALL
INTERESTED PARTIES in this action by placing n the original 1~ a true copy thereof enclosed in a sealed
envelope ac~dressed as follows'
Michael Scott Gatzke
Gatzke, Mispagel & Dillon
1921 Palomar Oaks Way, Suite 200
Carlsbad, CA 92008
James g, Moose
Remy, Thomas & Moose, LLP
455 Capitol Mall, Suite 210
Sacramento, CA 95814
Richard C. Jacobs
Todd E. Thompson
Jonathan W. Hughes
Howard, Rice, Nemerovski, Canady,
Falk & Rabkin
Three Embarcadero Center, 7th Floor
San Francisco, CA 94111-4065
On the above date:
E. Clement Shut. e, Jr.
Christy H. Taylor
Shute, Mihaly & Weinerger
395 Hayes Street
San Francisco, CA 94102
Laurence M. Watson
County Counsel
Jack W. Golden, Deputy
10 Civil Center Plaza, 4th Floor
Santa Aha, CA 92702
(BY r-1 U.S. MAIL/BY 12) EXPRESS MAIL) The sealed envelope with postage thereon fully prepaid was placed
for collection and mailing following ordinary business practices, i am aware that on motion of the party served,
service is presumed invalid if the postage cancellation date or postage meter date on the envelope is more
than one day after the date of deposit for mailing set forth in this declaration. I am readily familiar with Cox,
Castle & Nicholson LLP's practic~ for collection and processing of documents for mailing with the United
States Postal Service and that the documents are deposited with the United States Postal Service the same
day as the day of collect[on in the ordinary course of business.
(BY FEDERAL EXPRESS OR OTHER OVERNIGHT SERVICE) I deposited the sealed envelope in a box er
other facility regularly maintained by the express service carrier or delivered the sealed envelope to an
authorized carrier or driver authorized by the express carrier to receive documents.
(BY FACSIMILE TRANSMISSION) On , a~ a.m./p.m, at Irvine, California, I served the
above-referenced document on the above-stat, ed addresseeby facsimile transmission pursuant to Rule 2008
of the California Rules of Court. The telephone number of tt~e sending facsimile machine was ( ) - ,
and the telephone number of tl3e receiving facsimile number was ( ). - . A transmission report was
properly issued by the sending facsimile machine, and the transmission was reported as complete and without
error. Copies of the facsimile transmission cover sheet and the transmission report are al. tached to this proof
of service.
(BY PERSONAL DELIVERY) By causing a true copy of the within document(s) to be personally hand-
delivered lo the office(s) of the addressee(s) set forth above, on the date set forth above.
(BY PERSONAL SERVICE) I delivered such envelope by hand 1o the offices of the addressee.
(FEDERAL ONLY) I declare that I am employed in the office of a member of the bar of this court at whose
direct, ion the service was made.
I hereby certify that the above document was printed on recycled paper.
I declare under penally of perjury that the foregoing is true and correct.
Executed on July,
. ,2001. at [rvine, California.
g9999\229693. V't
Lynn Pauley
TOTAL P. Og
JUL-31-2881 17' 45 714 835 ??8? 98z P. 09