On 12/12/2014 HEALTHSMART PACIFIC INC filed a Personal Injury - Assault/Battery/Defamation lawsuit against BRIAN S KABATECK. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are JON R. TAKASUGI, EDWARD B. MORETON, RICHARD E. RICO and ELIHU M. BERLE. The case status is Disposed - Dismissed.
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
EDWARD B. MORETON
RICHARD E. RICO
ELIHU M. BERLE
DROBOT MICHAEL D
HEALTHSMART PACIFIC INC
COTCHETT PITRE & MCCARTHY LLP
HUTCHINSON ROBERT B
KABATECK BRIAN S
KABATECK BROWN KELLNER LLP
KNOX RICKSEN LLP
KEITH A. FINK & ASSOCIATES
FINK & STEINBERG
CHAMBERLAIN HARRY W.R. II ESQ.
BALONICK BARNEY H
7/9/2018: Minute Order -
10/11/2018: Notice of Rejection - Fax Filing -
6/23/2017: PLAINTIFFS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF THEIR OPPOSITION TO DEFENDANTS' MOTION FOR ATTORNEYS' FEES
6/29/2017: DECLARATION OF BRIAN S. KABATECK IN SUPPORT OF DEFENDANTS' POST-APPEAL MOTION FOR FEES AND COSTS
7/7/2017: ORDER AND SUPPLEMENTAL JUDGMENT AWARDING LAWYER DEFENDANTS THEIR REASONABLE ATTORNEY FEES AND COSTS AFTER APPEAL AGAINST PLAINTIFFS UNDER CODE OF CIVIL PROCEDURE SECTION 425.16(C)
DocketOrder (proposed - re Motion for Attorney Fees); Filed by KABATECK BROWN KELLNER LLP (Defendant)Read MoreRead Less
Docketat 10:00 AM in Department 17, Jon R. Takasugi, Presiding; Hearing on Motion for Attorney Fees - Held - Motion GrantedRead MoreRead Less
DocketCertificate of Mailing for ((Hearing on Motion for Attorney Fees) of 02/03/2021); Filed by ClerkRead MoreRead Less
DocketMinute Order ( (Hearing on Motion for Attorney Fees)); Filed by ClerkRead MoreRead Less
DocketNotice (of non-opposition To Judgment-Creditor's Motion for Attorneys' Fees and Costs); Filed by KABATECK BROWN KELLNER LLP (Defendant)Read MoreRead Less
Docketat 1:52 PM in Department 17, Jon R. Takasugi, Presiding; Non-Appearance Case ReviewRead MoreRead Less
DocketMinute Order ( (Non-Appearance Case Review)); Filed by ClerkRead MoreRead Less
DocketCertificate of Mailing for ((Non-Appearance Case Review) of 12/23/2020); Filed by ClerkRead MoreRead Less
Docketat 3:35 PM in Department 17, Jon R. Takasugi, Presiding; Non-Appearance Case ReviewRead MoreRead Less
DocketCertificate of Mailing for ((Non-Appearance Case Review) of 12/21/2020); Filed by ClerkRead MoreRead Less
DocketPAYMENT RECEIPTRead MoreRead Less
DocketSTIPULATION TO TRANSFER VENUE OF THIS ACTION TO LOS ANGELES COUNTY SUPERIOR COURTRead MoreRead Less
DocketNOTICE OF INCOMING TRANSFERRead MoreRead Less
DocketCLERKS CERTIFICATIONRead MoreRead Less
DocketNOTICE OF HEARINGRead MoreRead Less
DocketNotice of Incoming Transfer; Filed by ClerkRead MoreRead Less
DocketSummons; Filed by HEALTHSMART PACIFIC INC (Plaintiff); MICHAEL D DROBOT (Plaintiff)Read MoreRead Less
Docket[PROPOSED] ORDER ON STIPULATION TO TRANSFER VENUE OF THIS ACTION TO LOS ANGELES COUNTY SUPERIOR COURTRead MoreRead Less
DocketComplaint; Filed by HEALTHSMART PACIFIC INC (Plaintiff); MICHAEL D DROBOT (Plaintiff)Read MoreRead Less
DocketNotice; Filed by BRIAN S KABATECK (Defendant)Read MoreRead Less
Case Number: BC566549 Hearing Date: February 03, 2021 Dept: 17
Superior Court of California
County of Los Angeles
HEALTHSMART PACIFIC, INC, et al.
BRIAN S. KABATECK, et al.
Case No.: BC566549
Hearing Date: February 3, 2021
While the Court’s tentative is to award KBK reasonable attorneys and costs, KBK must explain the discrepancy identified below in the actual amount of fees incurred. The Court will settle on a final award once KBK has explained this discrepancy to the Court.
Healthsmart Pacific, Inc. (Healthsmart) and Michael D. Drobot (Drobot) (collectively, Plaintiffs) brought this action against Brian S. Kabateck (Kabateck), Kabateck Brown Kellner, LLP (KBK), Robert B. Hutchinson (Hutchinson), Cotchett Pitre & McCarthy, LLP (CPM), Knox Ricksen, LLP (Knox) (collectively, Defendants). The action arises out of statements made by Defendants on Fox and CBS News regarding an alleged counterfeit spinal screw scheme.
On May 13, 2015, this Court granted KBK’s anti-SLAPP motion, and awarded KBK $65,400.00 in reasonable attorneys fees and costs (Judgment) .
After Plaintiffs’ unsuccessful appeal, KBK was entitled to recover its fees and costs incurred on appeal. On July 7, 2017, this Court awarded KBK $186,518.34 in fees and $5,886.86 in costs (Supplemental Judgment)
Now, KBK moves to recover the fees and costs incurred with enforcing these judgments. In total, KBK seeks $99,118.59.
CCP § 685.040 provides:
The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney’s fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Attorney’s fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney’s fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5.
Here, KBK (i.e., the judgment creditor) was the prevailing party in the anti-SLAPP motion, and was thus entitled to recover attorneys fees and costs as part of that judgment. (CCP § 425.16, subd. (c)(1).) Because KBK’s underlying judgment included an award of attorneys fees, it is entitled to collect attorneys fees incurred in enforcing the judgment. (CCP §§ 685.400, 1033.5, subd. (10).)
This Court previously found $550/ hr to be a reasonable hourly rate. Accordingly, the Court turns to the reasonableness of the hours incurred.
In support of its fee request, KBK attorney Barnet Balonick submitted a declaration stating that Plaintiff Drobot not only refused to pay the Original Judgment or the Supplemental Judgment, but evaded service of process, evaded submitting for a Judgment Debtor Exam, cleaned out his bank accounts to avoid levies by writs of execution, and sold assets to avoid collection efforts. (Balonick Decl., ¶ 3.)
After a review of the work performed, the Court finds the time spent to be reasonable. (Balonick Decl., Exh. B.) However, KBK’s papers contain a discrepancy in the total fees incurred: Exhibit B, which details the time billed for, lists the total fees as $31,692.57 (see p.7), yet Exhibit A, which summarizes all the fees and costs incurred, lists the total fees as $96,236.52.
While the Court’s tentative is to award KBK reasonable attorneys and costs, KBK must explain this discrepancy and clarify to the Court the actual amount of fees incurred. While $31,692.57 is believed to be the correct figure, the Court will settle on a final award once KBK has explained this discrepancy to the Court.
It is so ordered.
Dated: February , 2021
Hon. Jon R. Takasugi Judge of the Superior Court
Parties who intend to submit on this tentative must send an email to the court at firstname.lastname@example.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If all parties to a motion submit, the court will adopt this tentative as the final order. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.
Due to Covid-19, the court is strongly discouraging in-person appearances. Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk. The court encourages the parties wishing to argue to appear via L.A. Court Connect. For more information, please contact the court clerk at (213) 633-0517. Your understanding during these difficult times is appreciated.
Get Deeper Insights on Court Cases