HomeMy WebLinkAboutlake elsinore - 3-5-18 Letter re reimbursement 28905 Wight Road
Malibu,California 90265
(310)457-0970
kishenkman(cb shenkmanhuahes.com
VIA EMAIL
March 5, 2018
Barbara Leibold
Leibold McClendon & Mann
barbara@ceqa.com
Re: Reimbursement Request Pursuant to Section 10010(f) of the
Elections Code
Dear. Ms. Leibold,
I am writing in response to your letter dated February 28, 2018, wherein you
request additional information and documentation of the work leading up to our
CVRA notice letter to the City of Lake Elsinore dated September 21, 2017.
Enclosed with our letter of February 4, 2018, we included both a time-and-task
chart summarizing the tasks performed by attorneys at Shenkman & Hughes PC as
well as our court-approved hourly rate, and an invoice from Compass
Demographics for its work on this matter. Those materials are sufficiently
detailed. In fact, those are the same sorts of materials that courts have relied upon
to award us fees and costs in the California Voting Rights Act ("CVRA") cases we
have won. Compare Sommers v. Erb (1992) 2 Cal.App.4th 1644, 1651 (accepting
and relying on declaration in which counsel "estimated he spent between 130 and
150 hours on the case."). Certainly, the sort of date-time-task records that you
request are not required by California courts. See Syers Properties III, Inc. v.
Rankin (2014) 226 Cal. App. 4th 691, 698-700 (citing a litany of cases -- "It is well
established that "California courts do not require detailed time records"). In fact,
the sort of time-and-task chart we provided here is exactly what the court in Syers
Properties lauded as an appropriately detailed summary. Id. at 700.
Nonetheless, in an effort to resolve this matter without the need for separate
litigation, enclosed are detailed time records of the attorneys of Shenkman &
Hughes PC for time necessarily expended in this matter. Those records are
redacted only minimally to protect certain confidential identities. The initials on
the time entries correspond to attorneys as follows: "KIS" = Kevin Shenkman;
"MRH" = Mary R. Hughes; and "JLJ" = John L. Jones II.
March 5, 2018
Page 2 of 3
With respect to the work by Compass Demographics (totaling $17,100, not
$17,106.59 as stated in your letter), we provided an invoice from Compass
Demographics accompanying our February 4, 2018 letter. That invoice is typical
of the level of detail we get from experts generally, and Compass Demographics in
particular. The tasks described in that invoice are typical of what we ask of
Compass Demographics in studying a political subdivision's compliance (or lack
thereof) with the CVRA. Specifically, Compass Demographics, in consultation
with Shenkman & Hughes, evaluates the universe of potentially relevant elections,
develops data sets for each election, illustrates election results and demographics
with maps, estimates group voting behavior based on ecological regression, and
prepares a report based on the findings. I am familiar with the work and work
product of Compass Demographics relating to the City of Lake Elsinore, and can
assure you that same work was done in connection with the City of Lake Elsinore.
I note that you also request a copy of the demographic studies prepared by
Compass Demographics. We do not, however, as a general matter, share the
materials prepared by our consultants, lest we need to litigate issues relating to that
expert analysis at some later date. See Code of Civ. Proc. § 2034 (setting forth the
exclusive timing of disclosure of expert opinions and reports).
I trust that this additional documentation will resolve this matter, and we will
promptly receive the reimbursement provided for under the same law that
permitted the City of Lake Elsinore the safe-harbor time to alter its election system
without CVRA litigation. After all, even if the City of Lake Elsinore were to
claim that a significant portion of the fees and costs were unreasonable (they are
not, as demonstrated by the awards of other courts for pre-filing work in CVRA
cases), the amount due would still be $30,000—the limit set by law.
If, however, the City of Lake Elsinore chooses to disregard its obligation to pay
for the work leading to our September 21, 2017 letter, we will have no choice but
to file suit. I'm sure you recognize that if we are required to file suit in this matter,
we will be entitled to recover not only the $30,000 pursuant to Section 10010(f) of
the Elections Code, but also our fees and costs incurred in collecting the
corresponding fees and costs. See Ketchum v. Moses (2001) 24 CalAth 1122,
1141.
Please feel free to contact me if you have any questions, or if you would like to
discuss this matter.
March 5, 2018
Page 3 of 3
Very truly yours,
Kevin I. Shenkman
Enclosure