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This case was last updated from Los Angeles County Superior Courts on 07/20/2021 at 04:25:02 (UTC).

HEALTHSMART PACIFIC INC ET AL VS BRIAN S KABATECK ET AL

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6549

  • Filing Date:

    12/12/2014

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Assault/Battery/Defamation

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

JON R. TAKASUGI

EDWARD B. MORETON

RICHARD E. RICO

ELIHU M. BERLE

 

Party Details

Petitioners and Plaintiffs

DROBOT MICHAEL D

HEALTHSMART PACIFIC INC

Respondents and Defendants

COTCHETT PITRE & MCCARTHY LLP

HUTCHINSON ROBERT B

KABATECK BRIAN S

KABATECK BROWN KELLNER LLP

KNOX RICKSEN LLP

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

KEITH A. FINK & ASSOCIATES

FINK & STEINBERG

Respondent and Defendant Attorneys

BUCHALATER NEMER

CHAMBERLAIN HARRY W.R. II ESQ.

MEYERS/NAVE/RIBACK/SILVER/WILSON

NEMER BUCHALATER

BALONICK BARNEY H

 

Court Documents

Minute Order -

7/9/2018: Minute Order -

Notice of Rejection - Fax Filing -

10/11/2018: Notice of Rejection - Fax Filing -

PLAINTIFFS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF THEIR OPPOSITION TO DEFENDANTS' MOTION FOR ATTORNEYS' FEES

6/23/2017: PLAINTIFFS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF THEIR OPPOSITION TO DEFENDANTS' MOTION FOR ATTORNEYS' FEES

DECLARATION OF BRIAN S. KABATECK IN SUPPORT OF DEFENDANTS' POST-APPEAL MOTION FOR FEES AND COSTS

6/29/2017: DECLARATION OF BRIAN S. KABATECK IN SUPPORT OF DEFENDANTS' POST-APPEAL MOTION FOR FEES AND COSTS

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)

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)

 

Docket Entries

  • 05/20/2021
  • DocketOrder (proposed - re Motion for Attorney Fees); Filed by KABATECK BROWN KELLNER LLP (Defendant)

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  • 02/03/2021
  • Docketat 10:00 AM in Department 17, Jon R. Takasugi, Presiding; Hearing on Motion for Attorney Fees - Held - Motion Granted

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  • 02/03/2021
  • DocketCertificate of Mailing for ((Hearing on Motion for Attorney Fees) of 02/03/2021); Filed by Clerk

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  • 02/03/2021
  • DocketMinute Order ( (Hearing on Motion for Attorney Fees)); Filed by Clerk

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  • 01/28/2021
  • DocketNotice (of non-opposition To Judgment-Creditor's Motion for Attorneys' Fees and Costs); Filed by KABATECK BROWN KELLNER LLP (Defendant)

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  • 12/23/2020
  • Docketat 1:52 PM in Department 17, Jon R. Takasugi, Presiding; Non-Appearance Case Review

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  • 12/23/2020
  • DocketMinute Order ( (Non-Appearance Case Review)); Filed by Clerk

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  • 12/23/2020
  • DocketCertificate of Mailing for ((Non-Appearance Case Review) of 12/23/2020); Filed by Clerk

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  • 12/21/2020
  • Docketat 3:35 PM in Department 17, Jon R. Takasugi, Presiding; Non-Appearance Case Review

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  • 12/21/2020
  • DocketCertificate of Mailing for ((Non-Appearance Case Review) of 12/21/2020); Filed by Clerk

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197 More Docket Entries
  • 12/12/2014
  • DocketPAYMENT RECEIPT

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  • 12/12/2014
  • DocketSTIPULATION TO TRANSFER VENUE OF THIS ACTION TO LOS ANGELES COUNTY SUPERIOR COURT

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  • 12/12/2014
  • DocketNOTICE OF INCOMING TRANSFER

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  • 12/12/2014
  • DocketCLERKS CERTIFICATION

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  • 12/12/2014
  • DocketNOTICE OF HEARING

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  • 12/12/2014
  • DocketNotice of Incoming Transfer; Filed by Clerk

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  • 12/12/2014
  • DocketSummons; Filed by HEALTHSMART PACIFIC INC (Plaintiff); MICHAEL D DROBOT (Plaintiff)

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  • 12/12/2014
  • Docket[PROPOSED] ORDER ON STIPULATION TO TRANSFER VENUE OF THIS ACTION TO LOS ANGELES COUNTY SUPERIOR COURT

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  • 12/12/2014
  • DocketComplaint; Filed by HEALTHSMART PACIFIC INC (Plaintiff); MICHAEL D DROBOT (Plaintiff)

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  • 01/20/2014
  • DocketNotice; Filed by BRIAN S KABATECK (Defendant)

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Tentative Rulings

Case Number: BC566549    Hearing Date: February 03, 2021    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

HEALTHSMART PACIFIC, INC, et al.

vs.

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.

Discussion

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 smcdept17@lacourt.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.

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