On September 04, 2020 a
63043Motio007821
was filed
involving a dispute between
Gavin, John,
Gavin, Patrick,
Gavin, Treasa,
and
Does 1-20,
Massis, Nimmer,
Nushwat, Jennifer,
for (16) Unlimited Fraud
in the District Court of San Mateo County.
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Yosef Peretz (SBN 209288)
1 yperetz@peretzlaw.com
2 David Garibaldi (SBN 313641)
dgaribaldi@peretzlaw.com
3 PERETZ & ASSOCIATES
22 Battery Street, Suite 200
4 San Francisco, CA 94111
5 Tel: 415.732.3777
Fax: 415.732.3791
6
Attorneys for Defendants NIMMER MASSIS,
7 JENNIFER NUSHWAT, and GEORGE WYNNS
8
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
9 IN THE COUNTY OF SAN MATEO
10 TREASA GAVIN, PATRICK GAVIN, and Case No. 20-CIV-03806
11 JOHN GAVIN
NOTICE OF MOTION AND
12 Plaintiffs, DEFENDANTS’ MOTION FOR
13 REASONABLE ATTORNEYS’ FEES AND
v. COSTS FOLLOWING SUCCESSFUL
14
ANTI-SLAPP MOTION
15 NIMER MASSIS, JENNIFER NUSHWAT,
GEORGE WYNNS, and DOES 1-20,
16
Date: October 13, 2022
17 Defendants. Time: 2:00 P.M.
Dept.: 22
18
19
20
21
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
22
Please take notice that on October 13, 2022 at 2:00 p.m. or as soon thereafter as the matter
23
may be heard, in Department 22 of the San Mateo Superior Court, 400 County Center, Redwood
24
City, CA 94063, Defendants NIMER MASSIS, JENNIFER NUSHWAT, AND GEORGE
25 WYNNS (“Defendants”) will and hereby do move the Court for an order awarding them
26 reasonable attorneys’ fees and costs following their successful Special Motion to Strike the
27 Complaint filed by Plaintiffs TREASA GAVIN, PATRICK GAVIN, and JOHN GAVIN
28 (“Plaintiffs”) pursuant to Code of Civil Procedure (“CCP”) § 425.16.
NOTICE OF MOTION AND DEFENDANTS’ MOTION FOR REASONABLE ATTORNEYS’ FEES AND COSTS FOLLOWING
SUCCESSFUL ANTI-SLAPP MOTION
-1-
Defendants are entitled to recovery their attorneys’ fees and costs incurred on relation to
1
pursuing the Anti-SLAPP Motion as a matter of right because they are prevailing parties to that
2
motion. Defendants seek the award of no less than $46,355.50, comprised of $39,250.47 in fees
3
incurred for work to prepare and prevail on the Anti-SLAPP Motion, $6,267.50 in fees incurred
4 to prepare this fee motion, and $837.53 in costs to date, as well as additional amounts to be
5 substantiated at the time of the Reply to this motion. These amounts are reasonable under all
6 applicable authorities and should be awarded.
7 This motion is based upon this Notice of Motion and Motion For Reasonable Attorneys’
8 Fees and Costs Following Successful Anti-SLAPP Motion, the accompanying Memorandum of
Points and Authorities in Support of the Motion, the Declaration of Yosef Peretz in Support of
9
the Motion, the Declaration of David Garibaldi in Support of the Motion, the Request for Judicial
10
Notice in Support of the Motion, all filed and served herewith, all records and proceedings in this
11
action, all further matters as may be presented to the Court in connection with the hearing on this
12
Motion, and on any other matters that the Court deems just and proper to consider.
13
14
15
16
17 Dated: September 6, 2022 PERETZ & ASSOCIATES
18
19
By: _________________________
20 Yosef Peretz
21 David Garibaldi
Attorneys for Plaintiffs
22 NIMER MASSIS, JENNIFER
NUSHWAT, AND GEORGE WYNNS
23
24
25
26
27
28
NOTICE OF MOTION AND DEFENDANTS’ MOTION FOR REASONABLE ATTORNEYS’ FEES AND COSTS FOLLOWING
SUCCESSFUL ANTI-SLAPP MOTION
-2-
Document Filed Date
September 07, 2022
Case Filing Date
September 04, 2020
Category
(16) Unlimited Fraud
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Yosef Peretz (SBN 209288) 1 yperetz@peretzlaw.com 2 David Garibaldi (SBN 313641) dgaribaldi@peretzlaw.com 3 PERETZ & ASSOCIATES 22 Battery Street, Suite 200 4 San Francisco, CA 94111 5 Tel: 415.732.3777 Fax: 415.732.3791 6 Attorneys for Defendants NIMMER MASSIS, 7 JENNIFER NUSHWAT, and GEORGE WYNNS 8 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 9 IN THE COUNTY OF SAN MATEO 10 TREASA GAVIN, PATRICK GAVIN, and Case No. 20-CIV-03806 11 JOHN GAVIN NOTICE OF MOTION AND 12 Plaintiffs, DEFENDANTS’ MOTION FOR 13 REASONABLE ATTORNEYS’ FEES AND v. COSTS FOLLOWING SUCCESSFUL 14 ANTI-SLAPP MOTION 15 NIMER MASSIS, JENNIFER NUSHWAT, GEORGE WYNNS, and DOES 1-20, 16 Date: October 13, 2022 17 Defendants. Time: 2:00 P.M. Dept.: 22 18 19 20 21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 22 Please take notice that on October 13, 2022 at 2:00 p.m. or as soon thereafter as the matter 23 may be heard, in Department 22 of the San Mateo Superior Court, 400 County Center, Redwood 24 City, CA 94063, Defendants NIMER MASSIS, JENNIFER NUSHWAT, AND GEORGE 25 WYNNS (“Defendants”) will and hereby do move the Court for an order awarding them 26 reasonable attorneys’ fees and costs following their successful Special Motion to Strike the 27 Complaint filed by Plaintiffs TREASA GAVIN, PATRICK GAVIN, and JOHN GAVIN 28 (“Plaintiffs”) pursuant to Code of Civil Procedure (“CCP”) § 425.16. NOTICE OF MOTION AND DEFENDANTS’ MOTION FOR REASONABLE ATTORNEYS’ FEES AND COSTS FOLLOWING SUCCESSFUL ANTI-SLAPP MOTION -1- Defendants are entitled to recovery their attorneys’ fees and costs incurred on relation to 1 pursuing the Anti-SLAPP Motion as a matter of right because they are prevailing parties to that 2 motion. Defendants seek the award of no less than $46,355.50, comprised of $39,250.47 in fees 3 incurred for work to prepare and prevail on the Anti-SLAPP Motion, $6,267.50 in fees incurred 4 to prepare this fee motion, and $837.53 in costs to date, as well as additional amounts to be 5 substantiated at the time of the Reply to this motion. These amounts are reasonable under all 6 applicable authorities and should be awarded. 7 This motion is based upon this Notice of Motion and Motion For Reasonable Attorneys’ 8 Fees and Costs Following Successful Anti-SLAPP Motion, the accompanying Memorandum of Points and Authorities in Support of the Motion, the Declaration of Yosef Peretz in Support of 9 the Motion, the Declaration of David Garibaldi in Support of the Motion, the Request for Judicial 10 Notice in Support of the Motion, all filed and served herewith, all records and proceedings in this 11 action, all further matters as may be presented to the Court in connection with the hearing on this 12 Motion, and on any other matters that the Court deems just and proper to consider. 13 14 15 16 17 Dated: September 6, 2022 PERETZ & ASSOCIATES 18 19 By: _________________________ 20 Yosef Peretz 21 David Garibaldi Attorneys for Plaintiffs 22 NIMER MASSIS, JENNIFER NUSHWAT, AND GEORGE WYNNS 23 24 25 26 27 28 NOTICE OF MOTION AND DEFENDANTS’ MOTION FOR REASONABLE ATTORNEYS’ FEES AND COSTS FOLLOWING SUCCESSFUL ANTI-SLAPP MOTION -2-