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San Miguel Joint Union Sanction Order

February 17, 2009

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San Miguel Joint Union School District vs. California Department of Education - District Ordered to Pay Sanctions

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO

Confidential Division

CERTIFICATE OF MAILING

SAN MIGUEL JOINT UNION
VS.
CALIFORNIA DEPT OF EDUCATION

CV071147

Inman, Stacy L

Attorney for Petitioner

SCHOOLS LEGAL SERVICE
130 17th Street. Seventh Floor
Bakersfield CA 93303

Vivas, Gabriel B.
Attorney for Respondent

GENERAL COUNSEL CA DEPT OF EDUCATION
1430 N Street. RM 5319
Sacramento, CA 95814

Marcus, Andrea

Att for Real Party in Intl Claimant

LAW OFFICE OF ANDREA MARCUS
133 de La Guerra Street #143
Santa Barbara CA 93101 2247

*

Attached Pleading:

Order Awarding Real Party’s Attorney

Fees & Costs, 2/17/09

Under penalty of perjury. I hereby certify that I deposited in the United States mail, at San Luis Obispo, California, first class postage prepaid, in a sealed envelope, a copy of the foregoing adressed to each of the above

OR

If counsel has a pickup box in the Courthouse that a copy was placed in said pickup box this date.

SUSAN MATHERLY, Court Executive Officer

by Deputy Dated: 2/17/09

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
SAN MIGUEL JOINT UNION SCHOOL DISTRICT,

Plaintiff,
VS.
CALIFORNIA DEPARTMENT OF EDUCATION,
Defendant.
SEAN S.
Real Party in Interest.

Case No.: CV 071147

ORDER AWARDING REAL PARTY’S ATTORNEY’S FEES AND COSTS

Real Party-In-Interest’s Motion for Attorney’s Fees and Costs came on regularly for hearing on December 30, 2008. Real Party was represented by Andrea M. Marcus. Petitioner San Miguel Joint Union School District was represented by Stacy Inman. Respondent California Department of Education was represented by Gabriel C. Vivas.

On December 29, 2008. the Court issued A tentative ruling granting Real Party’s Motion. On December 30, 2008, after oral argument. and after considering all ofthe evidence and arguments submitted in support and in opposition to the Motion, the Court ruled that Real Party was entitled to attomey’s fees in the amount $182,220.00 and costs in the amount of $2, 416.43, Although counsel for Real Party was directed to submit a more formal order, a minute order was issued and a notice of ruling was served on all counsel by the clerk of court on December 31, 2008.

A dispute subsequently arose as to the form of the formal order. Having considered the pleadings on this issue, the Court fmds that Petitioner’s actions vis-a-vis the proposed formal order are unreasonable and have caused unnecessary delay.

Now, therefore, for the reasons expressed in the Court’s ruling dated December 30, 2008, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

1. Petitioner San Miguel Joint Union School District shall pay to Real Party’s attorney, Andrea M. Marcus, Esq., a total of $184,636.43 in fees and costs, plus accumulated interest, as follows:

a. $152,120.00 in attorneys’ fees;

b. $25,000.00 in fees for paralegal services;

c. $5,100.00 in fees for attorney travel time; and,

d. $2,416.43 in costs.

e. Interest shall accrue on the total sum due beginning as of January 31, 2009.

2. Real Party’s request to set a payment schedule is denied.

It is further ORDERED, ADJUDGED AND DECREED that, within fifteen days of service of this order, Petitioner San Miguel Joint Union School District shall pay to Real Party’s attorney, Andrea M. Marcus, Esq., a sanction in the amount of $534.00 with respect to the proceedings regarding the form of this order.

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February 17, 2009

CHARLES S. CRANDALL

Judge of the Superior Court

CSC/lk

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