HomeMy WebLinkAboutDANNING, GILL, DIAMOND & KOLLITZL
REU 3128196
AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT, made and entered into this 1.5th_ day of
May 1 1996, by and between the City of Santa Ana,
a municipal corporation of the State of California ("CITY"), and
/LLP
DANNING, GILL, DIAMOND & KOLLITZ, a law firm ("ATTORNEYS"),
W I T N E S.... S E T H
Recitals:
1. CITY desires to employ a firm of attorneys to assist the
City Attorney, by providing legal services in connection with that
certain lawsuit entitled Transpacific Realty Ventures, Inc.v. The
Community Development, AgencVof the Citv of Santa Ana, Orange
County Superior Court No. 729613, including any appeal thereof to
the Fourth District Court of Appeal.
2. ATTORNEYS are licensed to practice law in the State of
California, have special experience and knowledge in the field of
bankruptcy law, and desire to undertake said employment.
WHEREFORE, for and in consideration of their respective
and mutual covenants and agreements hereinafter contained, and
subject to all the terms and conditions hereof, the parties hereto
do hereby agree as follows:
A. EMPLOYMENT OF ATTORNEYS.
CITY hereby agrees to and does employ ATTORNEYS, for the
fees hereinafter specified, to assist the City Attorney of CITY,
when and as requested by said City Attorney to do so, in connection
with that certain lawsuit entitled Transpacific Realty Ventures,
1
Inc._v. The Community_ Development Agency of the._City of Santa Ana,
Orange County Superior Court No. 729613, including any appeal
thereof to the Fourth District Court of Appeal. ATTORNEYS accept
said employment and agree to perform, in timely and efficient
manner, all of such services as may be requested by the City
Attorney of CITY. Howard Kollitz shall provide such services on
behalf of ATTORNEYS unless otherwise agreed upon in writing by
ATTORNEYS and the City Attorney.
B. PAYMENT FOR SERVICES RENDERED.
CITY agrees to pay to ATTORNEYS, and ATTORNEYS agree to
accept from CITY, as and for payment in full for all of said
services in regard to each such action, compensation at the rates
set forth on the attached March 6, 1996 Schedule of Rates for
Professionals. Total compensation under this Agreement shall not
exceed $100,000.
C. CONTROL OF LITIGATION.
ATTORNEYS agree that each and every case, suit or
proceeding in which they undertake to assist the City Attorney of
CITY, as aforesaid, shall be and remain under, and subject to the
control and direction of said City Attorney or the governing board
of CITY at all stages, and that they shall at all times keep said
City Attorney informed of all matters pertaining thereto.
ATTORNEYS further agree, that if and when their employment
hereunder is terminated by CITY, as hereinafter specified, they
shall return to City Attorney any and all files then in their
possession concerning each and every case, suit or proceeding in
2
which CITY is a party, whether the same be then reduced to final
judgment or not.
D. ATTORNEYS INDEPENDENT CONTRACTORS.
It is mutually agreed by and between the parties that, in
the performance of their covenants hereunder, ATTORNEYS are and
shall be independent contractors, and not officers or employees of
CITY.
E. TERM OF AGREEMENT.
The term of this Agreement shall commence on the date
first hereinabove written, and shall end on a date in the future,
which shall be not less than thirty (30) days from and after the
date when CITY informs ATTORNEYS, in writing addressed to ATTORNEYS
at their address hereinbelow specified, deposited in the United
States mail, postage prepaid, or when ATTORNEYS inform CITY in
writing, addressed to the City Attorney, 20 Civic Center Plaza,
Santa Ana, California 92701, deposited in the United States mail,
postage prepaid, of the date when this Agreement shall be
terminated.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the date and year first above written.
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DANNING, GILL, DIAMOND &
KOLLITZ, LLB'
by Howard Kollitz,
A professional corporation
by
C7—
Ifoward Idol litz,
President
by Richard K. Diamond,
A professional corporation
Richard K. Diamond, President
DAVID A. GILL'
RICHARD K. DIAMOND'
HOWAno KOLUTZ"
JOHN J. GINGHAM, JR.-
STEVEN E. SMITH'
MICHAEL S, ABRAMS'
ERIC P. ISRAEL'
DAVID M, POITRAS'
GEORGE E. SCHULMAN'
'A PROFESSIONAL CORPORATION
March 6, 1996
LAW OFFICES
DANNING, GILL, DIAMOND & KOLLI7z, LLP
ROBERT A. HE;SSLING
A LIMITED LIABILITY PARTNERSHIP COMPOSED OF PROFESSIONAL CORPORATIONS
JILT. L. JABLQNOW
2029 CENTURY PARK EAST, SUITE 1900
KEVIN L. HLNG
MARRY LURIE
L05 ANGELES, CALIFORNIA 90067-9005
KATHY L. BAZOIAN
DANIEL H. GILL
(3101 277-0077
JUDITH .L KIM
TELECOPIER: (310) 277-573S
OF COUNSEL•
CURTIS M. DANNING°
JAMES J. JOSEPH'
CONFIDENTIAL AND PRIVILEGED
ATTORNEY -CLIENT COMMUNICATION
VIA MAIL AND FACSIMILE
Robert J. Wheeler, Esq.
Assistant City Attorney
City Attorneys Office
City of Santa Ana
20 Civic Center Plaza, M-29
P.O. Box 1988
Santa Ana, CA 92702
Re: Bristol House Partnership., Ltd. Chapter 11 Case No.
LA•-91-64729-SB ("the Bristol House Bankruptcy
Case")\Bristol House Partnership adv. City of Santa Ana -
Bankruptcy Adversary Proceeding No. LA--93-01249-SB ("the
Bristol House Adversary Proceeding")\Trans Pacific Realty
Ventures, Inc. adv. City of Santa Ana ("the State Court
Action")\Retention of Danning, Gill, Diamond & Kollitz,
LLP ("this Firm")
Dear Bob:
REFER TOI
20420
Thank you for selecting this Firm to assist you in connection
with the Bristol House Bankruptcy Case. This letter will serve
to memorialize the basic terms and conditions of the agreement
reached on March 4, 1996 ("this Agreement") between the City of
Santa Ana ("the Client"), on the one hand, and this Firm, on
the other hand, concerning this Firm's legal representation of
the Client in connection with certain issues relevant to the
Bristol House Bankruptcy Case.
The Client has paid, or will pay, this Firm a retainer of
$2,500. This Firm has not been retained by the Client to
represent the Client as its attorney of record in any legal
action brought by or against the Client before any Court or
administrative authority including, without limitation, the
Bristol. House Bankruptcy Case, the Bristol House Adversary
Proceeding or the State Court Action. This Firm has been
retained by the Client exclusively for the purposes of
Robert J. Wheeler, Esq.
March 6, 1996
Page 2
Re: Bristol House
Chapter 11 Case
researching the files of the Bankruptcy Court in the Bristol
House Bankruptcy Case, to ascertain and analyze the facts
surrounding the acquisition of certain claims or causes of
action by Trans Pacific Realty Ventures, Inc. from Bristol
House Partnership, Ltd.
This Firm's time will be billed by monthly statements at its
customary hourly rates in increments of 1/10th of an hour.
This Firm's hourly billing rates for fees are reflected on the
attached March 6, 1996 Schedule of Rates for Professionals and
are subject to change from time to time in the future. Fees as
well as expenses incurred for travel, photocopying,
telecopying, long distance telephone charges and other costs
will be charged against the retainer and, if the retainer is
depleted, paid and reimbursed by the Client to this Firm. The
retainer will be replenished monthly if and to the extent
necessary. This Firm's monthly statements for fees and
expenses will be due and payable upon presentment. This Firm's
statements will be mailed (presented) to the Client at the
Office of the City Attorney, City of Santa Ana, 20 Civic Center
Plaza\M-29, P.O. Box 1988, Santa Ana, California 92702
(Attention: Robert J. Wheeler, Esq.). Any unused portion of
the retainer will be refunded to.the Client, at the conclusion
of this Firm's representation of the Client.
From time to time various lawyers and other professionals
affiliated with this firm may be assigned tasks in connection
with this Firm's representation of the Client, consistent with
skill levels and billing rates. From time to time, it may be
necessary for lawyers affiliated with this Firm to consult with
each other concerning matters relating to the Client's
representation which this Firm believes will be of benefit and,
accordingly, such time will be charged to the Client. The
Client is retaining this Firm, not any particular lawyer, and
the legal services to be provided to the Client will not
necessarily be performed by any particular lawyer affiliated
with this Firm.
By entering into this Agreement, the Client agrees to be
truthful and cooperative with this Firm, to keep this Firm
informed of developments, to keep this Firm informed of the
Client's address, telephone number and fax number, and to
timely make payments for compensation to this Firm as provided
for in this Agreement. The Client agrees that this Firm may
communicate with it exclusively through Robert J. Wheeler,
Assistant City Attorney, by telephone at (714) 647-5201 or by
U
Robert J. Wheeler, Esq.
March 6, 1996
Page 3
Re: Bristol House
Chapter 11 Case
the United States Mails at 20 Civic Center Plaza\M-29, P.O. Box
1988, Santa Ana, California 92702.
The Client may terminate this Firm's employment at any time by
written notice effective upon actual receipt of the notice by
this Firm. Notwithstanding such termination, the Client will
remain obligated to pay this Firm the compensation provided for
in this Agreement through the effective date of termination.
This Firm may also withdraw from its representation of the
Client at any time, as permitted under the Rules of
Professional Conduct for the State Bar of California, under the
Rules of the American Bar Association, or under other
applicable law. Notwithstanding such withdrawal, the Client
will remain obligated to pay this Firm the compensation
provided for in this Agreement through the effective date of
withdrawal.
The Client hereby agrees that this Firm will have fully
discharged its duties at any time in the future with respect to
the Client's files, records or other things in the possession
of this Firm by giving the Client at least 90 days written
notice by mail for the Client to retrieve such things from this
Firm. The Client hereby agrees that, if the Client fails to
timely retrieve such things, this Firm may thereafter abandon
such files, records and other things without liability by this
Firm to the Client.
The Client hereby -agrees that this Firm will have fully
discharged its obligations to the Client to keep the Client
informed of developments in connection with this Firm's
representation of the Client by communicating exclusively with
Robert J. Wheeler, Assistant City Attorney, by telephone,
facsimile transmission or United States Mails. The Client
hereby further agrees that this Firm may rely exclusively upon
instructions given to this Firm by Robert J. Wheeler, Assistant
City Attorney, in connection with this Firm's representation of
the Client.
If the terms and conditions of this Agreement, as summarized in
this letter, are acceptable to the Client, the Client should
execute the enclosed copy of this letter where indicated below,
and return a fully executed copy to this Firm in the return
envelope furnished herewith for convenience.
Any individual executing this Agreement on behalf of the Client
hereby represents and warrants to this Firm that he or she has
Robert J. Wheeler, Esq.
March 6, 1996
Page 4
Re: Bristol House
Chapter 11 Case
full authority and power to do so, and to bind the Client to
this Agreement. The Client should retain the original of this
Agreement in the Client's records.
Very truly yours,
DANNING, GILL, DIAMOND & KOLLITZ, LLP
By: HoWod Kollitz, A Professional Corporation
1
By
Howard Kollitz, as President
Enclosures
d
David N. Ream
City Manager
cc: George E. Schulman, Esq. (i\o)
The maximum compensation payable under
this Agreement is $10,000.00.
(Print Name)
(Title)
bV a' 0'ao
ASl,�TANT CITY XTT RNEY
1996 SCHEDULE OF
RATES FOR PROFESSIONALS
INITIALS ATTORNEY NAME
DAG
David A. Gill.
RKD
Richard K. Diamond
HK
Howard Kollitz
JJB
John J. Bingham, Jr.
SES
Steven E. Smith
MSA
Michael S. Abrams
BPI
Eric P. Israel
DMP
David M. Poitras
GES
George E. Schulman
CBD Curtis B. Danning
(Of Counsel)
JJJ James J. Joseph
(Of Counsel)
RAH
Robert A. Hessling
JLJ
Jill L. Jablonow
KLH
Kevin L. Hing
BL
Barry Lurie
KLB
Kathy L. Bazoian
DHG
Daniel H. Gill
JJK
Judith J. Kim
PARALEGALS:
DK
VR
DH
MR
SMR
SP
LC
h\ahtyhios\96RATES
Diana Kealer
Valerie G. Radocay
Debra W. Huly .
Myrna R. Richardson
Steven M. Rosenfeld
Aracelli Panta
Law Clerk
March 6, 1996
HOURLY RATE
$ 370.00
330.00
330.00
285.00
285.00
285.00
240.00
240.00
330.00
370.00
330.00
225.00
195.00
190.00
170.00
165.00
150.00
125.00
95.00
95.00
95.00
95.00
95.00
95.00
95.00