No Value: Shahram Tabatabai vs Jeanne Tabatabai

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                cone st Dw & YN

Lesley B. Harris (SBN 124248)
55 River Street, Suite 100

Santa Cruz, California 95060
Telephone: 831-458-0502

Email: lesleyharrisesq@gmail.com

Attomeys for Defendant
JEANNE TURNER

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SANTA CRUZ

Case No.: 18CV02004

)
NEMAT MALEKSALEHI, )
) REQUEST FOR JUDICIAL
Plaintiff, ) NOTICE IN OPPOSITION TO
v. ) TABATABAI’S MOTION FOR
) GOOD FAITH SETTLEMENT
SHAHRAM TABATABAI, an individual; ) DETERMINATION
JEANNE TURNER TABATABAI, an )
individual, and DOES 1 through 10, ) CCP §452 (d)
inclusive, )
) Hearing Date: May 19, 2022
Defendants. ) Time: 8:30
)  Dept.: 5

Hon. Timothy Volkmann

Action Filed: 7/09/18

TO THE COURT, ALL PARTIES AND THEIR ATTORNEY OF RECORD:
Pursuant to California Code of Civil Procedure, $452(d)' Defendant Jeanne Turner Tabatabai

(“Turner”) requests the Court take judicial notice of the following documents in support of

' Evidence Code §$452(d) provides, “the court may take judicial notice of records of any court of this state.”

Request for Judicial Notice Pagel
in Opposition to Tabatabai'’s Motion for

Good Faith Settlement Determination

Iscvo2004cena nw & YR

Ss

her opposition to Tabatabai’s motion for good faith settlement determination under CCP
§877.6,

I

“

"

Request for Dismissal of Maleksalehi v. Enbledware LLC, Santa Clara Superior Court,
Case No. 18CV330226, entered 3/23/22. Exhibit 1.

Declaration of Maleksalehi dated 8/30/21, filed in Maleksalehi v, Enbledware LLC, Santa}
Clara Superior Court, Case No. 18CV330226. Exhibit 2.

Order of the Santa Cruz Superior Court (Family Court) in Tabatabai v. Tabatabai,
16FL00655, dated September 21, 2018. Exhibit 3.

Plaintiff Maleksalehi’s First Amended Complaint, Exhibit 4,

Tabatabai’s Complaint filed April 13, 2017 in San Mateo County, entitled Enabledware,
LLC, et al. v. Jack Tuner, et al., Case No. 17C1V01605, and the Order of the San Mateo
Superior Court, Case No. 17C1V01605, dated October 26, 2017, dismissing five of
Tabatabai’s causes of action on the grounds that the family court had exclusive
jurisdiction, and. Exhibit 5.

Order of the Santa Cruz Superior Court in Maleksalehi v, Tabatabai, 18CV02004, dated
7/31/20, sustaining the Turner’s demurrer to Tabatabai’s third amended cross complaint,
Exhibit 6.

Order of the Santa Cruz Superior Court in Tabatabai v. Tabatabai and Envision Media,
20CV01987, dated 7/31/20, sustaining the Turner's demurrer to Tabatabai’s complaint,

Exhibit 7.

Request for Judicial Notice Page 2
in Opposition to Tabatabai’s Motion for

Good Faith Settlement Determination

I8CVO2004cont nw & wh

10

Dated: May 4, 2022

LAW OFFICE OF LESLEY HARRIS

Attomey for Defendant
JEANNE TURNER

Request for Judicial Notice
in Opposition to Tabatabai's Motion for
Good Faith Settlement Determination
18CV02004

Page 3PROOF OF SERVICE

CASE NAME: MALEKSALEHI V. SHAHRAM TABATABAL, et al.
COURT: Superior Court of California, Santa Cruz
CASENO.: —18CV02004

I, the undersigned, certify that | am employed in the City and County of Santa Cruz,
California; that I am over the age of eighteen years and not a party to the within action; and that my
business address is 55 River Street, Suite 100, Santa Cruz, CA 95060, On this date, I served the
following document(s):

Request for Judicial Notice in Opposition to Tabatabai’s Motion for Good Faith Settlement
Determination

_: By Personal Service ~ by placing true copies thereof in a sealed envelope and causing each
such envelope to be given to a courier messenger to personally deliver to the office of the addressee.
_; By First-Class Mail — by placing true copies thereof in sealed envelopes addressed as shown
below by the following means of service. I am readily familiar with the firm’s practice for collection
and processing of correspondence for mailing. Under that practice, the correspondence is deposited
with the United States Postal Service on the same day as collected, with first-class postage thereon
fully prepaid, in Santa Cruz, California, for mailing to the office of the addressee following ordinary
business practices, and

_X_: By Email: From lesleyharrisesq@gmail.com to the email addresses below, at or about 2:30
p.m. A copy of the email transmission confirmation is attached to the original of this declaration.

Addressee

Counsel for Plaintiff

Eric C. McAllister

Miller, Morton, Caillat & Nevis, LLP
2001 Gateway Place, Suite 220W
San Jose, CA 95110
ecm@millermorton.com
Counsel for Shahram Tabatabai
Tanzeel Hak

481 N, Santa Cruz Ave., #233
Los Gatos, CA 95030
tanzeel@bythelaw.co

Robert Lindow, In Pro Per
P.O. Box 2107

Aptos, CA 95001
lindow1@email

I declare under penalty of perjury that the foregoing is true and correct. Executed May 4, 2022

at Santa Cruz, California. U0 (
LJ Lesley. Harris

PROOF OF SERVICE
18CVO2004EXHIBIT 1(OUVaoucco

Santa Clara ~ Civil

civ-110 Miter
| AT HORNEY O4 PANTY weTQUT ATTORNEY Sate Be cuwree ad arent
Eric C. McAllister, Esq. (SBN 252567) ros .
Miller Morton Caillat & Neves LP Semen i
‘00 i! u) ior jurt of
2001 Gages Claeay Sys 2790 San Jose: CA 951 436-8272

MAL ADORESS (Geen: ecm (@millermorton.com
ATTORNEY FOR (Mane? Paint it Mal: I

SUPERIOR COURT OF CALIFORNIA, CouNTY oF SANTA CLARA Reviewed By: F. Miller
svener aooress. 191 N. First Street ase #18CV330266

MARING ADDRESS. Envelope: 8576177
oro ze coe San Jose 95113

aranch nae: Unlimited Civil Division
| PLAINTIFF/PETITIONER: Nemat Maleksalehi
DEFENDANTIRESPONDENT: Enabledware, LLC

REQUEST FOR DISMISSAL CASE NJMBER 18CV330266

A conformed copy will not be retumed by the clerk uniess a method of retum is provided with the document.

| Sine may oct be used for diardasal of a darWvative action ofa cleus ection or of ery party or caves of ection ina
class action. (Cal. Rules of Court, rules 3.760 and 3.770.)

1. TO THE CLERK: Please dismiss this action as follows:
9. (1) (_] With prejudice (2) 3X] Without prejudice
b. (1) (3) Complaint (2) [) Petition
(3)_) Cross-compiaint filed by (name): on (date):
(4) ) Cross-compiaint filed by (name): on (date):
(8) EX] Entire action of all parties and all causes of action
(6)(X] Other (specty):* Each party to bear its own attomey’s fees and costs.
2. (Complete in all cases except family law cases.)
The court [—)did [XC] did not waive court fees and costs for a party in this casp. (This information may be obtained from

the clerk. If court fees and costs were waived, the deciaration on the form must bo
Date: March 22, 2022 <
sorsmnre’ Ere C McAllister. B,D
(ve oRPaet nawece [X] artoaney [_] parry wenmcur attorney) a— (BONATURE)
“4 diaminsat ‘8 of spectins parties only of spectied ctacten  Attlomay or party without for:
aria giaomces cae compors —_ 5 oy tae oe ee a Piaintitt/Petitioner DatendantRespondent
Cross~Compiainant

3. TO THE CLERK: Consent to the above dismissal is hereby given.**
Date: >

(Tyre on pet naw or [| arroaney (__] parry wermour arroaney) GHONATURE)
“Ila crnas-comelaint —or Ressonse (Famty Law) sacking afrccatve Atomey or party without attorney for;
putts Corment tenaed by toes oh drone ee () PiaintitPetitioner (J DefendantRespondent
org. [) Cross-Complainant
{To be completed by clark)
4. EK] Dismissal entered as requested on (date); 23/2022 10:16 AM
5 [) Dismissal entered on (date): a8 to only (name):

6. [7] Dismissal not entered as requested for tne following reasons (specify):

7, a. 2) Anomay or party without attomay notified on (date: 3/23/2022 10:16 AM
b, (] Attomey or pany without attomey not notified. Filing party failed to provide
CO) a copy be conformed [_] means to return conformed copy

F, Miller

Date: 3723/2022 10:16 AM Clerk, by . Deputy
Page tot?

"Tanitessccuten REQUEST FOR DISMISSAL Cou Cate § a0kitei Gat Rascal ook ee 358
CIN190 ev 200.1, 2015 worm Comrta c8 Gov

LexisNexis® Automated California Judictat Counc! ForsyCiv-140

PLAINTIFFIPETITIONER: Nemat Maleksalehi | CASE NUMBER:

| DEFENOANT/RESPONDENT: Enabledware, LLC 18CV330266

COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS

Ifa party whose court fees and costs were initially waived has recovered or will recover $10,000 or
more in value by way of settlement, compromise, arbitration award, mediation settiement, or other
means, the court has a statutory lien on that recovery. The court may refuse to dismiss the case until
the lien is satisfied. (Gov. Code, § 68637.)

Declaration Concerning Waived Court Fees

1, The court waived court fees and costs in this action for (name):

2. The person named in item 1 is (check one below):
@ [J not recovering anything of vatue by this action,
>. (7) recovering less than $10,000 in value by this action.
¢. () recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.)

3.7] All court fees and court costs that were waived in this action have been paid to the court (check one): [—] Yes [] No

I declare under penalty of perjury under the laws of the State of California that the information above és true and correct.

. >

(ree om mune wae or [] arroaney [—] Paary waxiwc oecaRAnoN)

Guten haan Ue REQUEST FOR DISMISSAL ao
LerisNexis® Automated Coltfornia Judicist Council FormsEXHIBIT 2MILLER, MORTON, CAILLAT & NEVIS, LLP
2001 Gateway Place, Sue 220
‘San Jose, California 95110
Telephone: (408) 292-1785.

=

Cc em St DH ee Ow! OU

18CV330266
Santa Clara — Civil

ERIC C. MCALLISTER, ESQ., SBN 252567
illermorton.com

NEMAT MALEKSALEHI,

Plaintiff,
ad
ENABLEDWARE, LLC, a California

corporation; and DOES | through 10,
Defendants.

I, NEMAT MALEKSALEHI, declare:

1. &

facts.
|

3,
i I loaned to Enabledware.

A. Vilanueva

Electronically Filed
by Superior Court of CA,

| ee ESQ., SBN 271050 County of Santa Clara,
MORTON, CAILLAT & NEVIS, LLP ee a. i ba

2001 Gateway Place, Suite 220W eviewed By: A. nueva
San Jose, California 95110 Case #18CV330266
Telephone: (408) 292-1765 Envelope: 7168376
Facsimile: (408) 436-8272
Attomeys for Plaintiff
Nemat Maleksalehi

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SANTA CLARA

Case No.: 18CV330266
DECLARATION OF NEMAT
MALEKSALEHI IN SUPPORT OF REQUEST

FOR ENTRY OF DEFAULT JUDGMENT
AGAINST ENABLEDWARE, LLC

[CCP § 585(a) er seq.]
Trial Date: None Set

I am the plaintiff in the above-captioned matter. I have personal knowledge of
the facts stated herein and if called as a witness, I will be able to testify competently to such

Zs This declaration is submitted in connection with my request for entry of default
judgment against Enabledware, LLC (““Enabledware”) in the above referenced matter.
This matter is a dispute between me and Enabledware in connection with funds

4. In or around October 2011, one of Enabledware’s principal officers, Shahram

Bi SKABOTON QE NPLATE GRGESAPGHLIN SUPPORT OF REQUEST FOR ENTRY OF DEFAULTMILLER, MORTON, CARLAT 4 NEVIS, LLP.
2001 Gateway Piao, Suite 220W
San Jose, Catfornia 96110
Telephone: (406) 292-1765

Co Om NI KOH UR Uw Oe

= s

12

Tabatabai (“Tabatabai"), informed me that Enabledware was secking a purchaser of its software,
and requested that I extend him a personal loan of up to $500,000.00.

De I agreed to loan Tabatabai up to $500,000, on demand, and Tabatabai’s agreement
|'0 repay the loan upon the earlier of: (1) the sale of Enabledware’s software, or (2) five years
from the date that Tabatabai received the first loan amount. (the “Personal Loan”).

6. Pursuant to the terms of the Personal Loan, I gave Tabatabai the following loan

lemouns:
October 18, 2011 $200,000
October 25, 2011 $50,000

November 9, 2011 $100,000
7. In or around December 2011, Tabatabai requested that I convert the Personal
po into a corporate loan directly with Enabledware and increase the maximum loan amount to
$2,250,000 and made a series of representations and warranties to me in order to induce me to
convert the loan.
| 8. Based on Tabatabai's representations and warranties, | agreed to convert the
| Personal Loan into a corporate loan of up to $2,250,000, on demand, and Enabledware’s
agreement to repay the loan upon the earlier of: (1) the sale of its software, or (2) five years
from the date that Tabatabai received the first loan amount (the “Enabledware Loan”).
| 9. Pursuant to the terms of the Enabledware Loan, Enabledware assumed liability
for the $350,000 previously loaned to Tabatabai, and ] gave the following additional loan
amounts to Enabledware, and its affiliated entities (at Enabledware’s direction), as follows:
February 13,2012 $100,000

March 12, 2012 $100,000
April 11, 2012 $600,000
July 6, 2012 $20,000
July 13, 2012 $50,000
| August 9, 2012 $50,000
August 25, 2012 $76,000

2

DECLARATION OF NEMAT. MALEKSALEHL IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULTMILLER, MORTON, CAILLAT & NEVIS. LLP
2001 Gateway Place, Sule 220W
‘San Jose, California 95110
Teleptione: (408) 202-1765

Co eo Nt DH &F WwW DN

Ss

11

September 10, 2012 $100,000
October 11, 2012 $57,000
September 26, 2013 $78,000

10. In total, I loaned Enabledware the sum of $1,581,000.
| 11. To my knowledge, the Enabledware software was not sold and the five-year
deadline for Enabledware to make payment expired on October 11, 2016.
| 12. To date I have received no repayment from Enabledware, including any
payments on interest.
| 13. I do not seek repayment of interest from Enabledware.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this Declaration was executed this 3/7 day of

| Ava 2021, at_Los AlTS5_, California.
ll Me

8642104

3
DECLARATION OF NEMAT. MALBKSALEWLIN SUPPORT OF REQUEST FOR ENTRY OF DEFAULTBeats Reviewed By: A. Villanueva

aaa Envelope: 7168376
CHANG vevs

ATTORNEY OF PARTY WITHOUT ATTORNEY. ‘Stave maRNo: 271050 FoR COURT USE ONLY
jwme Mark R. Kirkland, Esq.
FRM rome Miller, Morton, Caillat & Nevis LLP
STREET ADORESS: 2001 Gateway Place, Suite 220W
cry: San Jose stave CA Be CODE: 95110
TELEPHONE MO. 408.292.1765 Fax. 408,436,8272

EMAL ADORESS. mrk@millermorton.com
ATTORNEY FOR (name Plaintiff Nemat Maleksalehi
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
STREET ADoRESS: 191 N. First Street
(MALLING ADORESS
joryano ze ceoe San Jose CA 9113
srancninawe: Downtown Superior Court - Unlimited Civil
PlaintifiPettioner: Nemat Maleksalehi
Defendant/Respondent: Enabledware, LLC
REQUESTFOR [Entry of Default [x] Clerk's Judgment ee
(Application) [] Court Judgment 18CV390266
Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.) (see Civ-105)

1, TO THE CLERK: On the complaint or cross-complaint filed
&. on (date): June 19, 2018
b. by (name): Plaintiff Nemat Maleksalehi
c. [) Enter defauitt of detendant (names):

d. [(_) | request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant
(names):

{Testimony required. Apply to the clerk for # hearing date, unless the court will enter a judgment on an affidavit under
Code Civ. Proc., § §85(d).)
e. [3] Enter clerk's judgment
(1) [(_] for restitution of the premises only and Issue a writ of execution on the judgment. Code of Civil Procedure section
1174(c) does not apply. (Code Civ. Proc. § 1169.)
[) Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The
Claim of Right to Possession was served in compliance with Code of Civil Procedure section

415.46.
(2) [32] under Code of Civil Procedure section $85{a). (Complete the declaration under Code Civ. Proc., § 585.5 on the
reverse (item 5).)
(3) [€) for default previously entered on (date):September 24, 2018,
2 Amount Credits acknowledged Balance
esis sure weieih’ $ 1,581,000.00 $0.00 $ 1,581,000.00
$ $ $
oe $ $
_$ $0.00 $
2 -. $627.48 $0.00 $627.48
L $ $ $
$ 1,581,627.48 $0.00 $ 1,581,627.48
g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date):

(" Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.)
3. [_] (Check if filed in an uniawful detainer case.) Legal document assistant or unlawful detainer assistant information is on the
feverse (complete item 4). k i/
Date: August 30, 2021 si
Mark R. Kirkland. Esq. > aul tw
(TYPE OR PRINT NAME) (GSGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF)

ForcourtT (1) [__] Default entered as requested on (date):
USE ONLY (2) (_) Default NOT entered as requested (state reason):
Clerk, by . Deputy Page t of

usc Comes ot Cason CX 100 REQUEST FOR ENTRY OF DEFAULT ES emeenael

Weare Seeesary §, 2020) (Application to Enter Default)Civ-100

18CV330266

DefendantRespondent: Enabledware, LLC

4, Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.}. A legal document assistant or
unlawful detainer assistant (") did (3¢ ] didnot of compensation give advice or assistance with this form. If declarant has
received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state:

2. Assistant's name: c. Telephone no.:

b. Street address, city, and zip code: d. County of registration:
e@. Registration no.:
f. Expires on (date):

5. [3] Declaration under Code Civ. Proc., § 585.5 (for entry of default under Code Civ. Proc., § 585(a)). This action

aC] Is (6) isnot ona contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act).

b. [J is [42] isnot ona conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales
and Finance Act).

¢. [J is [£2] isnot onan obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b).

6, Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was
& (7) not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names):

b. [5€) mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none,
to each defendant's last known address as follows:

(1) Mailed on (date): August 30, 2021 (2) To (specify names and addresses shown on the envelopes):
EnabledWare LLC, 331 Soquel Ave. #100 Santa Cruz, CA,
95062; Enabledware LLC,181 Driftwood Ct, Aptos, CA 95003

| declare under penalty of perjury under the laws of the State of California that the foregoing items 4, 5, and 6 are true and correct.

Date: August 30, 2021 !Munica Te
Monica H. Racha > the —

(TYPE OF PRINT NAME) {SIGNATURE OF DECLARANT)

7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc.,
§ 1033.5):

a. Clerk's filing fees... 2.6... e ese e eee $497.48
b. Process serversfees ................. $130

©. Other (specify): $

a $
CTT oe ise cheese See ee $ 627.48
f

. [__) Costs and disbursements are waived.
g. | am the attomey, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is
correct and these costs were necessarily incurred in this case.

| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: August 30, 2021 > Wet at/

Mark R. Kirkland, Esq.
(TYPE OR PrNT NAME) (SIGNATURE OF DECLARANT)

8. Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application Is in the military
service as thal term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C. App. § 3911(2). or California Miltary and

Veterans Code sections 400 and 402(f).
| dectare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Na cms ‘. Wet at/

(TVPE OR PRINT pene) (SIGNATURE OF DECLARANT)

C900 Res. samwary 1, 202 REQUEST FOR ENTRY OF DEFAULT
{Application to Enter Default)

Page Zot?EXHIBIT 3[ATTORNEY re eatrrw merarwim sooam— ame eat Ray mamber oad patron T POR COURT USE ONLY

|
2 PL |
SUPERIOR Count OF County or SANTA CRUZ “4
strezt sooness: 1 Second Street, Room 300 SEP 01 2071
MAL.NG ADORESS. . ALEX CALVO, CLE®
crv ao ae cove Watsonville, CA 95076
sewn wun: Watsonville Branch TY
MARRIAGE OR PARTNERSHIP OF
Perimioner: JEANNE ANN TABATABAI
ResPonpenT:SEAN TABATABAI
JUDGMENT CASE NUMBER:
() otssotuTion (CD LEGAL SEPARATION CQ suurry | 16FL00655
(CC) Status onty
(CD Reserving jurisdiction over termination of marital or domestic
ae
Judgment on reserved issues
Date marital or domestic partnership status ends: SEP 0 1 2027
1, C2) This judgment () contains personal conduct restraining orders (_} modifies existing restraining orders.
The restraining orders are contained on page(s) of the attachment. Thay expire on (date):
2. This proceeding was heard as follows: (} Defaut or uncontested (CC) By deciaration under Famity Code section 2336
CQ Contested = (XJ Agreement in court
a. Date: 5/03/2021 Dept: C Room:
b. Judicial officer (name): Hon. Paul M. Mi (2) Temporary judge
¢, CX) Petitioner present in court Attorney present in court (name): Travis Krepelka, Lesley Harris, and Sarah Chayra
d. CZ) Respondent present in court (ZX) Attomey present in court (name): Jesse Ruben and Tanzeel Haak
®. Claimant present in court (name): CD Attomey present in court (name):
ft Other (specify name):

3, The court acquired jurisdiction of the respondent on (date): 5/20/2016
a. 2) The respondent was served with process,
b, CX) The respondent appeared.
THE COURT ORDERS, GOOD CAUSE APPEARING
4, &. (X) Judgment of dissotution is entered, Marital or domestic partnership status is terminated and the parties are restored to the

status of single persons
ow on (specify date): SEP 0 1 2021
(2) CC) on a date to be determined on noticed motion of either party or on stipulation.

b. C2) Judgment of egal separation Is entered.

c. () Judgment of nullity is entered. The parties are dectared to be single persons on the ground of (specity):

¢. () This judgment will be entered nunc pro tune as of (date):

@. () Judgment on reserved issues.
t. The (XJ petitioners =) respondents _tormer name is restored to (specify): Jeanne Ann Tumer

Child Support Order (form FL-192) is attached. Page tat
Pom, iy Marsan Ue JUDGMENT Fenty Cone, Hf 2004 zoo.
Sree az) (Family Law) ae

TABATABAI, Jeanne
GS SitomeFL-180

| CASE NAME (Last name, first name of ach party): CASE MAMBER
TABATABAI, JEANNE TURNER 16FLOO655
~ TABATABAI, SEAN
4. |. CE) The children of this marriage or domestic partnership are: (minors at time of Judgment)
(1) QName Birthdate

SAMANTHA JEAN TABATABAI 12/07/2005
DARIUS WILLIAM TABATABAI 4/28/2008
CYRUS ALLEN TABATABAI 8/12/2013

required by Family Code section 4065(a).
(2) CL) Chitt Support information and Order Attachment (form FL-342).
(3) CL) Stipulation to Establish or Modify Child Support and Order (form FL-350).
(0) CA) Previously estabilshed In anctier case. Case pnb Court:
1 CQ Spousal, domestic partner, or family support is ordered: ERVED*
(1) CQ Reserved tor future determination as relates to (CJ) petitioner (J respondent
(2) C2) Jurisdiction terminated to order spousal or partner support to (CJ petitioner (CJ respondent
(3) CL) As set forth in the attached Spousal, Partner, or Family Support Order Attachment (torm FL-343).
(4) C2) As set forth in the attached settiament agreement. stipulation for judgment, or other written agreement,

a ppesmnnraeaconsanenen peal
sn PRICE EBRD

1. C) Attomey fees and costs are ordered as set forth in the attached “RESERVED* ; Ar 3, 202]
(1) Cy Settioment agreement, stipulation for judgment, or other written agreement. ok
(2) LL) Attomey Fees and Costs Order (torm FL-348).
(3) C) Other (specity):

._ All terms of the Attachment to Judgment, Memorandum of Understanding fled 1/22/21, and
2. CH omner (specity): Recommendations Following Child Custody Counseling with Family Court Services and Order filed 8/30/16,
are incorporated herein by reference and made parts of this Judgment.
Each attachment to this judgment is incorporated into this judgment, and the parties are ordered to comply with each attachment's

Provisions. Jurisdiction is reserved to make other orders necessary to carry out this judgment. 5
5. Number of pages attached: CO sourvne rouowsiasrArHowent Judge Paul Marigonda

NOTICE
Dissolution of tegal separation may autornabcally cancel the rights of a spouse or domestic partner under the other spouse's or
domestic partner's will, trust, retirement plan, power of attorney, pay-on-death bank account, transfer-on-death vehicle registration,
Survivorship nights to any property owned in joint tenancy, and any other similar property interest. It does not automatically cancel the
| Nights of a spouse or domestic partner as beneficiary of the other spouse's or domestic partner's life insurance policy. You should
review these matters, as well as any credit cards, other credit accounts, insurance posicies, retirement plans, and credit reports, to
determine whether they should be changed or whether you should take any other actions.
A debt or obligation may be assigned to one party as part of the dissolution af property and debts, but if that party does not pay the
‘debt or obligation, the creditor may be able to collect from the other party,
| An earnings assignment may be issued without additional proof if child, family, partner, or spousal support is ordered.
|_Any party required to pay support must pay interest on overdue amounts at the ‘legal rate,* which is currently 10 percent. |

Ft (Pew, duty 9, 2082) JUDGMENT fopaes
(Family Law)
cB Stone er TABATABAI, Jeanne jra

|Page 1
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF SANTA CRUZ

—~

BEFORE THE HONORABLE PAUL MARIGONDA, JUDGE

~-0000000--

JEANNE TABATABAI,

Petitioner,
vs. Case No. 16FLO0655
SEAN TABATABAI,

Respondent.

REPORTER'S TRANSCRIPT OF PROCEEDINGS
Monday, May 3, 2021

APPEARANCES:

FOR THE PETITIONER: TRAVIS KREPELKA, ESQ.
LESLEY HARRIS, ESQ.
SARAH CHAYRA, ESQ.

FOR THE RESPONDENT: JESSE RUBEN, ESQ.

TANZEEL HAK, ESQ.

REPORTED BY:

HEIDI BLOEMKER
CSR NO. 1294423
24

25

Page 2
Monday, May 3, 2021; 5:42 p.m.

--0000000~~

THE COURT: So this is the case -- I'm going to
formally go on the record. What happened to Jeanne and
Sean? I need them here. Jeanne and Sean, make sure to
unmute,

THE RESPONDENT: I'm here. I'm here.

MR. RUBEN: Jeanne, can you hear us?

THE COURT: Oh, there she is. Okay. Thank
you. All right. This is the case of Jeanne Tabatabai
versus Sean Tabatabai, case Number 16FLO065S. And let's
have appearances starting with the Petitioner who is
present on video, Jeanne Turner Tabatabai, and let's
have appearances of counsel. Please spell your names.

And, everybody, please make sure to speak as
loudly as possible so that Ms. Bloemker can get this

MR. KREPELKA: Thank you, Your Honor. Good
evening, Travis Krepelka for the Petitioner Jeanne
Turner Tabatabai. Travis spelled as you would expect,
Krepelka, K-r-e-p-e-l-k-a.

MS. HARRIS: Good evening. Lesley Harris,
co-counsel for Jeanne Turner Tabatabai. My name is
spelled L-e-s-l-e-y and H-a-r-r-i-s.

MS. CHAYRA: Good afternoon. Sarah Chayra for

” CadT6b1d-dSdt-4622-bd0T-de9bEc 1e}e31Page 3

the Petitioner. Sarah spelled S-a-r-a-h, last name
C-h~a-y-r-a.

THE COURT: And now for the Respondent, Sean
Tabatabai, who is present by telephone.

Appearances, please.

MR. RUBEN: Good evening, Your Honor Jesse
Ruben present with Sean Tabatabai. Sean is $-e-a-n,
Tabatabai is T-a-b-a-t-a-b-a-i. Also present on his
behalf is co-counsel, Tanzeel Hak. Tanzeel is
T-a-n-z-e-e-1, Hak is H-a-k. Mr. Tabatabai is joining
us by audio on the Zoom meeting.

THE COURT: All right. At this time, we have a
resolution of a number of issues which will include the
dissolution at this time.

Jeanne Turner Tabatabai and Sean Tabatabai, if
you'll raise your right hands and be sworn.

Is the testimony that you are about to give
this Court the truth, the whole truth, and nothing but
the truth.

THE RESPONDENT: Yes.

THE PETITIONER: Yes.

THE COURT: Okay. Both have answered in the
affirmative. Jeanne Turner Tabatabai, you filed this

petition to dissolve your marriage to Sean Tabatabai.

At the time you filed your petition, had you been a

Creekside Court Reporting 831-426-5767Page 4
1 residence of the State of California for at least six
2 months?
3 THE PETITIONER: Yes.
4 THE COURT: And a resident of the county of
5 Santa Cruz for at least three months?
6 THE PETITIONER: Yes.
7 THE COURT: Do both of you agree that
8 irreconcilable differences have arisen in your marriage

9 such that you can no longer remain married at this time?

10 THE PETITIONER: Yes.
11 THE RESPONDENT: Yes.
12 THE COURT: Both have answered in the

13 affirmative. Preliminary declarations and final

14 declarations of disclosure have been filed. The Court
15 finds irreconcilable difference have, in fact, arisen by
16 the admissions of both parties.

17 The custody and visitation issues of the three
18 children are -- will be pursuant to the stipulation that
19 was filed on January 22nd, 2021, as well as the

20 July 29th, 2016, memorandum of understanding which

21 awards them joint legal custody of the three minor

22 children. And, of course, the January 22nd, 2021, and
23 July 29, 2016, agreements outline visitation and

24 physical custody of the children.

25 The Court, as is noted, reserves child support

Creekside Court Reporting 831-426-5767

¢a876016-65¢1-4622-bb0T-desbc1e2031Page 5

1 Pursuant to the Family Code. The Court notes this is a
2 long-term marriage under Family Code Section 4336

3 subsection (b), and at the time -- for the time being

4 reserves the issue of spousal support under Family Code
5 Section 4320.

6 The parties are ordered to maintain health

i insurance for the children at reasonable cost. Any

8 unreimbursed medical expenses are evenly divided among

9 the parties. That is a standard order. And the issues
10 that we have been working on today involve the division
11 of property, and I have the corrected version.
12 Would -- counsel, would you like me to read the
13 terms of it that I just printed out?
14 MR. RUBEN: Agreeable.
15 THE COURT: Okay. With respect to the property
16 located at 331 Soquel Avenue in city of Santa Cruz, that
17 property is confirmed to Respondent Sean Tabatabai with
18 the agreed-upon value of $3.725 million. Jeanne Turner
19 Tabatabai will be taken off the title and the loan.
20 Sean Tabatabai must secure his own loan within six

21 months or on the open market to satisfy and reserve all

22 other issues.

23 If you could clarify that a little more,

24 Mr. Ruben.

25 MR. RUBEN: Your Honor, if it's okay with the

Creekside Court Reporting 831-426-5767

‘caST6b1d-d6dt-4622 -oot-dedbic tale)Page 6
1 Court, if I could read these in. There's some --
2 there's some shorthand that I've been using in all of
3 this. Would that be agreeable?
4 THE COURT: Yes. Before you do that, real
5 quick, I forgot one last thing. Yes. Before we go back
6 into the property, and you'll do that, the Petitioner's

7 former name is restored by this order, Jeanne Turner.

8 MR. KREPELKA: Thank you, Your Honor.
9 MR. RUBEN: Thank you, Judge.
10 THE COURT: All right. Mr. Ruben, go ahead

11 because you're right. There was shorthand.

12 MR. RUBEN: Regarding the property at 331

13 Soquel, that will be confirmed to Respondent Sean

14 Tabatabai at a agreed-upon value of 3,725,000. He is to
15 secure his own loan and remove Jeanne Turner from title
16 and the loan within six months, or the property will be
17 sold on the open market to satisfy any monies owed as a
18 result of this being assigned to him.

19 We reserve on all other issues regarding that
20 property. In this case and as in the other terms that
21 are similar in this agreement, if Mr. Tabatabai is

22 unable to secure a new loan and remove Ms. Turner from
23 title within six months but can evidence efforts to do

24 the same, he will be extended another 60 days to do so.

25 Such efforts would be providing the loan applications,

Creekside Court Reporting 831-426-5767

(€2876D1d-dScl-4622-bO0t-dedhee 103031Page 7?
1 that type of thing.
2 Regarding the property on Viewpoint in Aptos,
3 this will be assigned to Jeanne Turner at an agreed-upon
4 value of $950,000. She will secure her own financing
5 and remove Sean Tabatabai from title, if necessary. She
6 must secure her own loan and perform those actions
7 within six months, or the property will be sold on the
8 open market to satisfy with the same provision that were
9 she able to and (inaudible) needing additional time, if
10 she's able to -- to evidence gocd efforts, she would be
11 given an additional 60 days.
12 Regarding the property on Jaunell, this will be
13 assigned to Petitioner Jeanne Turner at $1,800,000, and
14 she will secure her own loan and remove Sean Tabatabai
15 from title within six months, or the property will be
16 sold on the open market to satisfy any monies owed as a
17 result ever this assignment. However, if she's able to
18 evidence good -- good-faith efforts, that can be
19 extended by 60 days.
20 Regarding the business entity known as Envision
21 Media Nevada, as we have typically referred to it in
22 this case, it's assigned to Jeanne Turner. The
23. valuation is to be determined. For clarity as of today,

24 Jeanne Turner would be considered the 100 percent owner.

25 However, she does agree to hold Sean Tabatabai harmless

Creekside Court Reporting 831-426-5767

ca876b1d-dSdt-4622-bd0t-degdSc 1e3031Page 8

and indemnify him from any tax burden related to funds

pu

2 alleged to be received from Envision Media Nevada but
3 not actually received.

4 And she furthers agrees that she will either
5 pay the taxes associated with those funds or amend her
6 tax returns to effect the same for the period 2016

7 through 2019. She will do so as soon as reasonably

8 possible. She represents that 2020 taxes are unfiled,
9 and when they are filed, she will not allege income to
10 Sean Tabatabai. Further, the 2021 taxes will not
1l include Sean Tabatabai.
12 Regarding what we referred to as Enabledware,
13 all entities are confirmed or assigned to Sean
4 Tabatabai. This is including, but not limited to,

15 Enabledware Limited, Enabledware, LLC, and MediaHub.

16 For the clerk, Enabledware is spelled as one
17 words E-n-a-b-l-e-d-w-a-r-e.
18 For clarity, that assignment is:as of big Sean

19 Tabatabai, the owner 100 percent as, of: today.

20 The Court will retain jurisdiction over all

21 other issues and claims.

22 THE COURT: Is-that: correct, Mr. Krepelka?
23 MR. KREPELKA: Yes, Your Honor.
24 MS. HARRIS: Your Honor, I -- I just have to

25 clarify one thing that maybe is implied, but that is

Creekside Court Reporting 831-426-5767

‘caB7Eb1d-dScf4622-bd0l-deSb8c 1e3e31Page 9

that -- is that -- is Sean Tabatabai would not be
seeking any payment of distribution for any of the years
for which Ms. Turner will be paying the taxes. Is
that --

MR. RUBEN: I don't know how it answer that.
That issue's complicate.

THE COURT REPORTER: Can you tell me who said
that? I'm sorry. The female speaker.

MS. HARRIS: I'm sorry. Yes, that was Lesley
Harris.

THE COURT: Ms. Harris? Mr. Ruben?

MR. RUBEN: Yeah, that issue is complicated.

MR. KREPELKA: That answer makes me nervous.

MR. RUBEN: Well, it can make you nervous,
Travis. That's why you wanted to retain jurisdiction
over all other issues and claims, so that -- the answer
to that question is -- has -- has a number of
different --

THE COURT: I think that issue is reserved.

MR. KREPELKA: My understanding of the
settlement is that someone should not have to bear taxes
on income they did not receive.

THE COURT: That is correct.

MR. KREPELKA: That is what we are willing to

agree to.

Creekside Court Reporting 831-426-5767Page 10

1 MR. RUBEN: Yes.

2 MR. KREPELKA: Okay.

3 MR. RUBEN: Agreed.

4 MR. KREPELKA: Agreed.

5 MR. RUBEN: Okay.

6 “MR. KREPELKA: Okay.

7 MR.,RUBEN: Actually, Madam Court Reporter, I

8 hope that it was clear that was Mr. Krepelka clarifying
9 his understanding that people would not have to pay

10 taxes on income not received. Correct, Mr. Krepelka?

ll MR. KREPELKA: Yes.

12 THE COURT: That was the agreement.

13 MR, RUBEN: I think we're done here, folks.
14 THE COURT: No. I'm going to take one last

15 thing here.

16 Okay. Jeanne Turner, you have read the terms
17 of this agreement and settlement. And I know that I --
18 I will attest by the time that you spent in the breakout
19 room since we have been in session that you had a

20 significant time to speak to your attorneys.

21 Do you understand the terms of the agreement?
22 THE PETITIONER: Yes. I guess my only

23 question, because it's hard to talk to the attorneys

24 right now since we're all here, is just -- I don't know

25 the tax burden at all. So is Sean going to have to

Creekside Court Reporting 831-426-5767Page 11

disclose what the tax burden is that he says he has?

2 THE COURT: I think Mr. Ruben may be able to

3 answer that for us because I know that's something we

4 had talked about a lot. Mr. Ruben.

5 MR. RUBEN: Mr. Krepelka, correct me if you

6 believe I'm wrong or if you'd like to say something

7 different. What we're agreeing to today is that people
8 are not going to be responsible for taxes on income not
9 received. Were there to be any request for you to pay
10 the tax burden instead of amending those taxes, it would
tz be subject to documentary proof that your lawyer
12 approves of.
13 THE COURT: Correct.
14 MR. KREPELKA: Yeah. This is Travis Krepelka
15 speaking. I think the -- as soon as reasonably possible
16 is the right language, but also encompasses within it a
17 need for -- for Jeanne to acquire sufficient information
18 to be able to consult with her tax professionals as to
19 which election would be most beneficial to her and least
20 beneficial to the taxing agencies.
21 MR. RUBEN: And I would -- whether it's
22 necessary or not -- Jesse Ruben -- I would just
23 represent to Jeanne that nobody is going to ask you or

24 expect you to blindly agree to dollar figures. [It'll be

25 proved up, and Mr. Krepelka will agree, or we'll be back

Creekside Court Reporting 831-426-5767

caS76b1d-G5d1-4622-bO01-de98c e303Page 12

1 here.

2 THE COURT: Right, and that was part of it.

3 THE PETITIONER: So Sean will disclose

4 (inaudible) and everything so I'll understand what that

5 tax burden is?

6 MR. RUBEN: Previous to any request for money,
7 we will provide documentation.

8 THE COURT: Absolutely.

9 MR. RUBEN: All right. Previous was the wrong
10 word but --

11 THE COURT: Before, before. Okay.

12 THE PETITIONER: And then my only other
13 question was the (inaudible) of Envision

14 Media (inaudible) and so I just want to make sure that
15 the other one from my understanding is in default, but
16 I'd like Sean to make sure it's dissolved, and he will
17 never start another Envision Media company. Like, that
18 is -- part of what I'm buying is that entity, right?

19 MR. RUBEN: I -- I mean I think we are in

20 agreement with that, but I -- honestly, that might be a
21 Little too far today. If you want me to break with Sean
22 or if you want to better explain it, then I could break

23 with Sean.

24 THE PETITIONER: I don't think it's a big deal

25 that it's in default, but I want to make sure. Sean, is

Creekside Court Reporting 831-426-5767

‘cabTGb1d-d6ct4622-Ob0t-cedotcte3eltPage 13
1 that okay?
2 THE RESPONDENT: As long -- as long as you and
3 Robert relinquish the other Enabledware. |
a THE PETITIONER: I don't <= |
5 MR. KREPELKA: This is Travis.
6 MR. RUBEN: Hold on. Hold on. Hold on. Hold
7 on. Hold on.
8 THE COURT: Time out. Time out, everyone.
3 MR. RUBEN: Mr. Tabatabai is concerned, as

10 everyone may remember, Mr. Lindell registered an

ll Enabledware. It is his contention, which is consistent
12 with the evidence received in this case, that that was
13 done in concert with Ms. Turner.

14 He would like for it to be represented by

15 Ms. Turner that she will make any effort to have

16 Mr. Lindell relinquish, as he said, the incorporation of
17 Enabledware, similar to her concern regarding Envision
18 Media and any --

19 THE PETITIONER: I don't have any control over
20 that, so you're right. Let's just bring -- let's just
21 assume that at this point I don't have control. I don't

22 talk to him. I don't -- you know, so I -- I'm just

23 hoping that Envision Media -- the whole idea is that
24 it's separate, so that's fine. So I -- I --
25 THE RESPONDENT: I'm hoping the same thing.

Creekside Court Reporting 831-426-5767

caS76D1d-dSdt-4622-bo0f-de9edctele31Page 14

a THE COURT: Ms. Turner and Mr. Tabatabai, I
2 think the two of you just put it very, very, very well.

3 Thank you.

4 MR. RUBEN: I would like to clarify one thing

5 because we do have a record here. The agreement is as
6 read into the record with the modification that any

7 request for tax payment will be accompanied with

8 documentation regarding the taxes alleged. All of

9 this -- all of this narrative back and forth over the
10 past few minutes does not make an agreement.

11 Agreed?

12 MR. KREPELKA: Yes. This is Travis Krepelka.
13 I agree.

14 MS. HARRIS: This is Lesley Harris. I agree,
15 but I don't want to forget that there's an election,
16 She has the right to make an election.

17 THE COURT: That's encompassed. That is

18 encompassed. Okay.

19 Any other questions, Ms. Turner?
20 THE PETITIONER: I think that was my main
21 question. Thank you.
22 THE COURT: And you have now demonstrated to
23 the Court that you definitely understand the terms very,

24 very well. Do you agree to be bound by the terms of

25 this agreement, Jeanne Turner?

Creekside Court Reporting 831-426-5767

caB76b1d-dbd1-4622-Dd01-deddBcte3e31Page 15
1 THE PETITIONER: Yes, I do. Thank you.
2 THE COURT: And do you request that the Court
3 maintain its jurisdiction to enforce the settlement
4 agreement under Code of Civil -- Code of Civil Procedure

5 Section 664.6 and Family Code Section 290?

6 THE PETITIONER: Yes. Thank you.

7 THE COURT: Thank you.

8 Mr. Krepelka, you concur?

9 MR. KREPELKA: Yes, Your Honor.

10 THE COURT: Ms. Harris?

<7 MS. HARRIS: Yes.

12 THE COURT: Ms. Chayra?

13 MS. CHAYRA: Yes, Your Honor.

14 THE COURT: Sean Tabatabai, have you had

15 sufficient time to talk to your attorneys, Mr. Ruben and

16 Mr. Hak, about the agreement that's just been recited?

17 THE RESPONDENT: Yes, Your Honor.

18 THE COURT: Understand all the terms?

19 THE RESPONDENT: Yes, Your Honor.

20 THE COURT: Any other questions?

21 THE RESPONDENT: Not at this time, Your Honor.
22 THE COURT: Do you agree to be bound by the

23 terms of this agreement?

24 THE RESPONDENT: Yes, Your Honor.

25 THE COURT: And do you also ask the Court to

Creekside Court Reporting 831-426-5767

¢a87601d-dSdf-4622-Dd0f-dedb8cteJe3'Page 16
1 maintain its jurisdiction to enforce the terms of this
2 settlement agreement under Code of Civil Procedure

3 Section 664.6 and Family Code Section 290?

4 THE RESPONDENT: Yes, Your Honor.
5 THE COURT: Mr. Ruben, do you concur?
6 MR. RUBEN: I concur and would like to make a

7 brief point.

8 THE COURT: Which is?

9 MR. RUBEN: We've been doing this in excess of
10 four years. Everybody has two lawyers present. We have
11 financial forensics on staff. We've been doing this
12 since 1:30 this afternoon. Everybody knows very well
13. what they are doing today. If anyone disagrees that
14 they don't --

15 THE COURT: I'm going to make a finding in just

16 a moment --

17 MR. RUBEN: Thank you.

18 THE COURT: -- if you concur.

19 Mr. Hak, do you concur?

20 MR. HAK: Yes, Your Honor.

21 THE COURT: I find the parties have entered

22 into this agreement knowingly, intelligently, and
23 voluntarily with the advice of counsel. Find this

24 agreement to be voluntarily entered into and that both

25 parties have asked the Court to maintain its

Creekside Court Reporting 831-426-5767

¢a876D14-d5dt-4622-001-dedd8cte3e31Page 17
1 jurisdiction, and the Court will maintain its
2 jurisdiction to enforce this agreement as it was made on
3 the record before the Court today pursuant to Code of
4 Civil Procedure Section 664.6 and Family Code Section
5 290.
6 The Court will order that a judgment of
7 dissolution will be ordered at this time. Judgment of
8 dissolution is ordered subject to reservation of the
9 other issues.
10 Mr. Krepelka, I'm going to order Petitioner's
11 counsel to prepare the judgment, to submit it to
12 Mr. Ruben for approval as to form. With that, we can
13 vacate the further status conference that was set next
14 week and put this out about 90 days to complete the
15 judgment, which I'll go ahead and set this for further
16 status conference for completion of judgment on
17 August 3rd, 2021, at 8:30 in Department C. Once the

18 judgment is signed, the case can go off calendar.

19 MR. RUBEN: Very good.
20 MR. KREPELKA: Will do, Your Honor.

21 THE COURT: Yeah.

22 MR. RUBEN: Regarding that -- and I suspect

23 there may be agreement -- we do have quite a host of

24 issues that are unresolved. If we have not resolved

25 them by August, I would actually ask for a sooner date,

Creekside Court Reporting 831-426-5767

cas76b1d-d5d1-4622-Dd01-de9bSe 103031Page 18

1 and then at that date, if we have not resolved the

z issues, that the people submit papers when we identify
3 any remaining --

4 THE COURT: Sure. Well, when do you -- when

5 are you thinking about that, Mr. Ruben, because I don't
6 think it's going to take long to prepare a judgment, and
7s we sign them -- we sign them the same day we get them.
8 MR. RUBEN: How about -- I would suggest 60

a days. And if we don’t have a resolution to report on
10 the existing issues --

11 THE COURT: First week of July works for me.

12 6th, 7th, 8th.

13 MR. RUBEN: That's all fine with me.

14 MR. KREPELKA: Are those morning sessions?

15 THE COURT: They are, 8:30.

16 MR. KREPELKA: How about the 7th? Can we do
17 that?

18 THE COURT: Okay. On the 7th. Okay.

19 Mr. Krepelka, you'll prepare the judgment, and

20 Ms. Chayra and Ms. Harris, everybody's going to take a
21 look at it, Mr. Ruben and Mr. Hak.

22 Ms. Turner, Mr. Tabatabai, it's been a long

23 road. We made tremendous progress today and got quite a

24 bit of closure. I want to thank you both. Keep working

25 with your attorneys. Try to reach a resolution on these

Creekside Court Reporting 831-426-5767

caSTGDtd-dSdt4622-bb0t-deSbictele31Page 19
1 other issues, but we are always here to assist.

Ms. Bloemker, thank you for being available at

N

3 this critical time and in this critical moment.

4 THE COURT REPORTER: You're welcome, Your

Honor. Thank you.

Creekside Court Reporting 831-426-5767

caB76b1d-dSdt-4622-200t-de9d8c 1030)"Page 20
STATE OF CALIFORNIA }

COUNTY OF SANTA CRUZ } ss

I, HEIDI BLOEMKER, Certified Shorthand Reporter,
do hereby certify:

That I am the Reporter, duly appointed and
sworn, who reported the above and foregoing proceedings
at the time and place therein stated;

That I reported the said proceedings: and that
the foregoing pages are a full, true, complete and
correct transcript of my shorthand notes taken at said

time and place to the best of my ability.

DATE: MAY 13, 2021

Neccle Bloaemher

HEIDI BLOEMKER
CSR NO. 12944

Creekside Court Reporting 831-426-5767

caB76b1d-d5d!-4622-bb0t-dedb8c 103031EXHIBIT 4MILLER, MORTON, CAILLAT & NEVIS, LLP
201 Gmeway Place, Suite 2200

cet DH kB we Bw

10

| ELECTRONICALLY FILED
Superior Court of Califomia
f Santa C
ERIC C. MCALLISTER, ESQ., SBN 252567 niece

eci illermorton.com

M. JONATHAN ROBB, JR., ESQ., SBN 290457 ee Calvo, Clerk wlan
mj ji

MI

J
gen cna TOR core
LLER, MORTON, CAILLAT & NEVIS, LLP
42001 Gateway Place, Suite 220W
San Jose, California 95110
Telephone: (408) 292-1765
Facsimile: (408) 436-8272

Attomeys for Plaintiff
Nemat Maleksalehi

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CRUZ

NEMAT MALEKSALEHI, Case No.: 18CV02004
Plaintiff, FIRST AMENDED COMPLAINT FOR

vs. (1) BREACH OF ORAL CONTRACT;

(2) INTENTIONAL INTERFERENCE

SHAHRAM TABATABAI, an individual; WITH CONTRACT;

| JEANNE TURNER TABATABAI, an (3) INTENTIONAL INTEREFERENCE
individual; and DOES 1 through 10, inclusive, WITH PROSPECTIVE ECONOMIC

ADVANTAGE; AND

Defendants, (4) BREACH OF FIDUCIARY DUTIES

1 [Unlimited Civil Action - Amount in
Controversy Exceeds $25,000.00)

Plaintiff, Nemat Maleksalehi, alleges as follows:
GENE! IN:
L Plaintiff is, and at all times herein mentioned was, an individual residing in Santa
| Clara County, California.
2. Plaintiff is informed and believes, and thereon alleges that Defendant Shahram
Tabatabai (“Tabatabai”) is, and at all relevant times was, an individual residing in Santa Cruz

County, California.
3. Plaintiff is informed and believes, and thereon alleges that Defendant Jeanne Turner

Tabatabai (“Tumer”) is, and at all relevant times was, an individual residing in Santa Cruz County,
California.

FIRST AMENDED COMPLAINTMILLER, MORTON, CAILLAT & NEVIS. LL?
2001 Gateway Pince. Sure 22000

com IY DH &® ww Bw

10

4. Plaintiff is ignorant of the trac names and capacities of Defendants sued herein as
DOES | through 10, inclusive and therefore sues these Defendants by such fictitious names.
Plaintiff prays leave to amend this Complaint to allege their true names and capacities when the
same have been ascertained.

&; Plaintiff is informed and believes, and thereon alleges that Tabatabai and Tumer
were husband and wife at all relevant times through the filing of this Complaint, though a divorce
action between them was filed on May 11, 2016 in Santa Cruz Superior Court case number
16FL00655.

6. Plaintiff is informed and believes, and thereon alleges that Tabatabai and Turner
were at all relevant times herein the majority shareholders, acting members of the board, and
officers of three related technology companies:
| Enabledware, LLC (“Enabledware”)

Enabledware Digital Signage, Inc. (“Enabledware Digital”)
| Envision Media Holding, Inc. (“En