This case was last updated from Los Angeles County Superior Courts on 01/16/2020 at 04:06:28 (UTC).

YEHORAM UZIEL VS. EMPLOYMENT LAWYER GROUP

Case Summary

On 06/30/2017 YEHORAM UZIEL filed a Contract - Business lawsuit against EMPLOYMENT LAWYER GROUP. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judge overseeing this case is MELVIN D. SANDVIG. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7843

  • Filing Date:

    06/30/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Business

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MELVIN D. SANDVIG

 

Party Details

Plaintiff and Appellant

UZIEL YEHORAM

Defendants and Respondents

GERBER KARL

EMPOYMENT LAWYER GROUP

PALMER ERIC J.

REIF LAW GROUP P.C.

Attorney/Law Firm Details

Defendant Attorneys

WINGET SPADAFORA & SCHWARTZBERG LLP

EHRLICH MARC STUART

 

Court Documents

Minute Order - MINUTE ORDER (HEARING ON PLAINTIFF'S MOTION FOR RECONSIDERATION HEARING O...)

9/24/2019: Minute Order - MINUTE ORDER (HEARING ON PLAINTIFF'S MOTION FOR RECONSIDERATION HEARING O...)

Motion for Sanctions - NOTICE OF MOTION AND MOTION FOR SANCTIONS PERSUANT TO CCP 128.7 (C) (1) MEMORANDUM OF P&A IN SUPPORT OF MOTION

6/24/2019: Motion for Sanctions - NOTICE OF MOTION AND MOTION FOR SANCTIONS PERSUANT TO CCP 128.7 (C) (1) MEMORANDUM OF P&A IN SUPPORT OF MOTION

Opposition - PLAINTIFF OPPOSITION TO DEFENDENT' MOTION FOR SANCTIONS PURSUANT TO CCP 128.7 MEMEORANDUM OF POINTS AND AUTHORITIES;

8/29/2019: Opposition - PLAINTIFF OPPOSITION TO DEFENDENT' MOTION FOR SANCTIONS PURSUANT TO CCP 128.7 MEMEORANDUM OF POINTS AND AUTHORITIES;

Legacy Document - LEGACY DOCUMENT TYPE: NTC TO PRTY RE FEE CLK'S TRANSCRPT

7/11/2018: Legacy Document - LEGACY DOCUMENT TYPE: NTC TO PRTY RE FEE CLK'S TRANSCRPT

Appeal - Notice of Fees Due for Clerk's Transcript on Appeal

10/25/2019: Appeal - Notice of Fees Due for Clerk's Transcript on Appeal

Notice of Ruling

9/30/2019: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO RECONSIDER SEPTEMBER 23, 2...)

9/30/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO RECONSIDER SEPTEMBER 23, 2...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON EX PARTE APPLICATION TO RECONSIDER SEPTEMBER 23, 2...) OF 09/30/2019

9/30/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON EX PARTE APPLICATION TO RECONSIDER SEPTEMBER 23, 2...) OF 09/30/2019

Order - ORDER STRIKING STATEMENT OF DISQUALIFICATION; VERIFIED ANSWER

9/23/2019: Order - ORDER STRIKING STATEMENT OF DISQUALIFICATION; VERIFIED ANSWER

Ex Parte Application - PLAINTIFF' EX PARTE APPLICATION TO RECONSIDER SEPTEMBER 23, 2019 ORDER MEMORANDUM OF POINTS AND AUTHORITIES DECLARATION OF YEHORAM UZIEL

9/26/2019: Ex Parte Application - PLAINTIFF' EX PARTE APPLICATION TO RECONSIDER SEPTEMBER 23, 2019 ORDER MEMORANDUM OF POINTS AND AUTHORITIES DECLARATION OF YEHORAM UZIEL

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [ORDER STRIKING STATEMENT OF DISQUALIFICATION; VERIFIED ANSWER]

9/23/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [ORDER STRIKING STATEMENT OF DISQUALIFICATION; VERIFIED ANSWER]

Ex Parte Application - PLAINTIFF' EX PARTE APPLICATION TO DISQUALIFY HON. JUDGE SANDVIG, SUSPEND THE RULINGS SINCE 1/31/2019 STAY ALL PENDING HEARINGS ON ALL PENDING MOTIONS UNTIL REMITITURE OF B29922

9/3/2019: Ex Parte Application - PLAINTIFF' EX PARTE APPLICATION TO DISQUALIFY HON. JUDGE SANDVIG, SUSPEND THE RULINGS SINCE 1/31/2019 STAY ALL PENDING HEARINGS ON ALL PENDING MOTIONS UNTIL REMITITURE OF B29922

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO DISQUALIFY HON. JUDGE SAND...)

9/4/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO DISQUALIFY HON. JUDGE SAND...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON EX PARTE APPLICATION TO DISQUALIFY HON. JUDGE SAND...) OF 09/04/2019

9/4/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON EX PARTE APPLICATION TO DISQUALIFY HON. JUDGE SAND...) OF 09/04/2019

Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

9/4/2019: Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NUNC PRO TUNC ORDER) OF 09/04/2019

9/4/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NUNC PRO TUNC ORDER) OF 09/04/2019

Reply - DEFENDANTS' REPLY IN SUPPORT OF MOTION FOR SANCTIONS PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 128.7

9/12/2019: Reply - DEFENDANTS' REPLY IN SUPPORT OF MOTION FOR SANCTIONS PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 128.7

104 More Documents Available

 

Docket Entries

  • 11/22/2019
  • DocketAppeal Record Delivered; Filed by Clerk

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  • 11/21/2019
  • DocketAppeal - Original Clerk's Transcript 1 - 5 Volumes Certified (for Notice of Appeal, filed 7/17/19 ("U")); Filed by Clerk

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  • 10/25/2019
  • DocketAppeal - Notice of Fees Due for Clerk's Transcript on Appeal; Filed by Clerk

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  • 09/30/2019
  • Docketat 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Ex Parte Application (TO RECONSIDER SEPTEMBER 23, 2019 ORDER) - Held - Motion Denied

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  • 09/30/2019
  • DocketMinute Order ( (HEARING ON EX PARTE APPLICATION TO RECONSIDER SEPTEMBER 23, 2...)); Filed by Clerk

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  • 09/30/2019
  • DocketNotice of Ruling; Filed by EMPOYMENT LAWYER GROUP (Defendant); ERIC J. PALMER (Defendant); KARL GERBER (Defendant)

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  • 09/30/2019
  • DocketCertificate of Mailing for ((HEARING ON EX PARTE APPLICATION TO RECONSIDER SEPTEMBER 23, 2...) of 09/30/2019); Filed by Clerk

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  • 09/26/2019
  • DocketEx Parte Application (to reconsider order of September 23, 2019); Filed by YEHORAM UZIEL (Plaintiff)

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  • 09/24/2019
  • Docketat 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Motion for Sanctions (PURSUANT TO CCP 128.7(C)(1) FILED BY PLAINTIFF) - Held

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  • 09/24/2019
  • Docketat 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Motion for Sanctions (PURSUANT TO CCP 128.7 ON PLAINTIFF'S MOTION FOR SANCTIONS PURSUANT TO CCP 128.7, FILED BY DEFENDANTS) - Held

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128 More Docket Entries
  • 09/05/2017
  • DocketDeclaration; Filed by EMPOYMENT LAWYER GROUP (Defendant)

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  • 09/05/2017
  • DocketProof of Service (not Summons and Complaint); Filed by EMPOYMENT LAWYER GROUP (Defendant); ERIC J. PALMER (Defendant); KARL GERBER (Defendant)

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  • 07/17/2017
  • DocketProof of Service (not Summons and Complaint); Filed by YEHORAM UZIEL (Plaintiff)

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  • 07/17/2017
  • DocketProof of Service (not Summons and Complaint); Filed by YEHORAM UZIEL (Plaintiff)

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  • 07/17/2017
  • DocketProof of Service (not Summons and Complaint); Filed by YEHORAM UZIEL (Plaintiff)

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  • 06/30/2017
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 06/30/2017
  • DocketNotice (of Case Management Conference); Filed by Clerk

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  • 06/30/2017
  • DocketCivil Case Cover Sheet; Filed by YEHORAM UZIEL (Plaintiff)

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  • 06/30/2017
  • DocketComplaint filed-Summons Issued; Filed by null

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  • 06/30/2017
  • DocketSummons; Filed by null

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Tentative Rulings

Case Number: PC057843    Hearing Date: May 11, 2021    Dept: F47

Dept. F-47

Date: 5/11/21

Case #PC057843

MOTION FOR APPELLATE ATTORNEYS’ FEES & COSTS

Motion filed 11/13/20.

MOVING PARTY: Defendants Employment Lawyer Group, LLC (ELG), Karl Gerber and Eric Palmer

RESPONDING PARTY: Plaintiff Yehoram Uziel

NOTICE: ok

RELIEF REQUESTED: An order awarding Defendants Employment Lawyer Group, LLC (ELG), Karl Gerber and Eric Palmer attorneys’ fees and costs on appeal pursuant to CCP 425.16(c) and CRC 3.1702(c) and CRC 8.278(d)(2).

RULING: The unopposed motion is granted.

Defendants’ Request for Judicial Notice (RJN) is granted.

This action arose out of Defendants’ legal representation of Christian Kepler in an employment lawsuit against DC Partners, Inc. (“DC”) of which Plaintiff was/is the President and CEO (the “Kepler Action”). In the Kepler Action, it was alleged, among other things, that DC had violated labor statutes in relation to Kepler’s employment status or classification and nonpayment of overtime wages. Ultimately, Kepler agreed to dismiss his action with prejudice in exchange for $8,000.00 which was paid by Plaintiff.

In this action, Plaintiff attempted to characterize the $8,000.00 payment as extortion and accused Defendants of misconduct (i.e., fabricating evidence, encouraging false testimony) in connection with prosecuting the Kepler Action. Plaintiff’s complaint contained causes of action for: (1) Conspiracy to Breach Kepler’s Agreement to Arbitrate; (2) Conspiracy to Extort Money from Plaintiff; (3) Fraud, Intentional and Negligent Misrepresentation; (4) Malicious Prosecution and

(5) Accounting. On 12/19/17, this Court granted Defendants’ Special Motion to Strike Plaintiff’s complaint.

Plaintiff appealed this Court’s Order granting the Special Motion to Strike. (RJN, Ex.2). On 10/18/18, the Court of Appeal affirmed this Court’s Order granting the Special Motion to Strike. (RJN, Ex.2, Ex.4). On 5/30/19, this Court granted Defendant’s Motion for Appellate Attorney Fees. (RJN, Ex.5). On 7/2/19, this Court entered a Judgment incorporating the 12/19/17 Order granting the Special Motion to Strike and the 5/30/19 Order granting the Motion for Appellate Attorney Fees. (RJN, Ex.1).

On 7/17/19, Plaintiff appealed this Court’s 5/30/19 Order granting Defendants’ Motion for Appellate Attorney Fees related to the appeal of the Special Motion to Strike. (RJN, Ex.2). On 6/26/20, the Court of Appeal affirmed this Court’s 5/30/19 Order and stated that ELG shall recover its costs and attorney fees on appeal. (RJN, Ex.7). On 11/13/20, Defendants filed and served the instant Motion for Appellate Attorneys’ Fees and Costs.

A defendant who prevails on an appeal from an order granting an anti-SLAPP motion (Special Motion to Strike) is entitled to recover appellate attorneys’ fees and costs. CCP 425.16(c); Lunada Biomedical (2014) 230 CA4th 459, 489; Dowling (2001) 85 CA4th 1400, 1426. On remand, the trial court determines the reasonable amount for attorney services rendered on appeal. Id. Based on the Court of Appeal’s 6/26/20 opinion, Defendants are the prevailing party on the appeal. (RJN, Ex.7). Therefore, pursuant to this timely filed motion, Defendants are entitled to recover their reasonable attorneys’ fees and costs in relation thereto. See CRC 3.1702(c); CRC 8.278(c)(1); (RJN, Ex.2).

Based on the “lodestar” method of calculation (reasonable number of hours spent multiplied times the reasonable hourly rate), the Court awards Defendants a total of $28,215.00 for attorneys’ fees related to the appeal (50.7 hours x $450/hour = $22,815.00) and the instant Motion for Attorneys’ Fees and Costs (12 hours x $450/hour = $5,400.00). See Lunada Biomedical, supra at 487-489; PLCM Group, Inc. (2000) 22 C4th 1084, 1095; (Ehrlich Decl. and Ex.B thereto).

Defendants are also entitled to recover their costs on appeal. CCP 426.16(c). As such, Defendants are awarded $690.00 for such costs. (Ehrlich Decl. and Ex.B thereto); CCP 1033.5.

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