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Lee L. Kaster (SBN: 208743) San Francisco County Superior Court
LAW OFFICES OF LEE L. KASTER, P.C.
1806 Bonanza Street DEC 08 2020
Walnut Creek, California 94596
Telephone: (925) 280-6701 CLERK F THE COURT
Facsimile: (925) 280-6078 BY af
iy eputy Clerk
lAttorney for Administrator and Petitioner
KAREN L. FISHER, CLPF #675
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
In the Matter of the Estate of Husam Case No. PES-20-303794
Mousa Qana,
PETITION FOR AUTHORIZATION TO
Deceased. RETAIN LITIGATION COUNSEL AND FOR
APPROVAL OF PROPOSED ATTORNEY-
CLIENT FEE AGREEMENT
Date: March 16, 2021
Time: 9:00 a.m.
Dept.: 204
Karen L. Fisher, CLPF #675, as Administrator of the Estate of Husam Mousa Qana,
hereby petitions the Court for an Order authorizing her to retain the law firm of Winer, Burritt &
Scott, LLP and Shawn Tillis, Esq. as litigation counsel for the purpose of representing the estate
in a “survival” action against the decedent’s former employer, the San Francisco Housing
Authority, as well as its former Director of Finance, Edwin Jamora, pending in San Francisco
County Superior Court (Case No. CGC-18-569120). Petitioner further seeks the Court’s approval
of the proposed attorney-client fee agreement with Winer, Burritt & Scott, LLP and Mr. Tillis. In
a separate Motion to Seal Record which is set for hearing on February 24, 2021 at 2:00 p.m. in
Department 204, Petitioner is requesting an Order that the fee agreement be sealed by the Court
because it is subject to the attorney-client privilege and disclosure of the terms of the agreement
PETITION FOR AUTHORIZATION TO RETAIN LITIGATION COUNSEL AND FOR APPROVAL OF ATTORNEY-CLIENT FEE
AGREEMENTRO WON
oo NAY
to the defendants in the civil action could harm the estate’s tactical position in the litigation.
Petitioner alleges as follows:
1. Decedent Husam Mousa Qana died intestate on May 9, 2020 in San Francisco
County, California, and was a resident of San Francisco County at the time of his death.
2. Petitioner (a California licensed professional fiduciary) was appointed
Administrator of the Estate with full IAEA authority on September 21, 2020. At all times since
then Petitioner has been and now is the duly appointed and acting Administrator of decedent’s
estate. Petitioner’s IAEA powers have not been revoked.
3. At the time of his death, decedent had a civil lawsuit pending against his employer,
the San Francisco Housing Authority (“SFHA”) and SFHA’s former Director of Finance, Edwin
Jamora. The lawsuit (San Francisco County Superior Court Case No. CGC-18-569120) was filed
on August 23, 2018. It alleges causes of action (among others) for sexual harassment and failure
to pay overtime as required by the Fair Labor Standards Act. A true and correct copy of
decedent’s Second Amended Complaint (the operative complaint) in the civil action is attached
hereto as Exhibit A. Decedent was employed by SFHA from 2010 until his death in May 2020.
Although decedent’s claim for emotional distress and other “general” damages did not survive his
death, his claims for special damages, including unpaid overtime, penalties, interest and
attorneys’ fees, survived his death under Code of Civil Procedure section 377.20 and it is in the
estate’s best interest to pursue these “surviving” claims. Petitioner is informed and believes that
the survival action has substantial monetary value. The lawsuit appears to be the primary asset of
the estate.
4. Decedent was represented in the lawsuit by the law firm of Winer, Burritt & Scott,
LLP in Oakland, California. Winer, Burritt & Scott, LLP is a prominent Bay Area plaintiff-side
law firm which routinely handles employment and personal injury cases. The attorney at the
Winer firm who has been primarily responsible for handling the case on decedent’s behalf is
Shawn Tillis. In approximately May 2020 (the same month in which decedent died), Mr. Tillis
left the Winer firm to start his own law firm, The Tillis Law Firm. Thé proposal now is to have
-2-
PETITION FOR AUTHORIZATION TO RETAIN LITIGATION COUNSEL AND FOR APPROVAL OF ATTORNEY-CLIENT FEE
AGREEMENTth-Mr;-Tillis-and the Wiriet-firm represent :the estate as:co-counsel,.with. the fee to: be,split
..between.them..
5. The proposed-attorney-client' fee-agreement between.the estate and. Mr. Tillis/
Winer, Burritt & Scott; LLP is essentially identical to the agreement that decedent entered into
with Winer, Burritt & Scott, LLP when he retained it to represent him. It is attached as Exhibit A
to the unredacted version of this Petition that is being lodged with the Court pursuant to Rule
2.551 of the California Rules of Court.
6. Retention-of Mi: Tillis‘ahd Winer; Burritt & Scott, LLP by:the estate and approval
of the proposed:fee agreement with them’is ‘in the:best interests of the estate. The estate needs
representation in this matter and Mr. Tillis and the Winer firm are the obvious choice since they
were already representing decedent at the time of his death and had been since the beginning of
the case. They are intimately familiar with the case and well qualified to represent the estate. Mr.
Tillis is an experienced trial attorney and both he and the Winer law firm have extensive
experience handing plaintiff-side employment cases. The estate will benefit from Mr. Tillis
representing it in the civil action because of his skills and experience as a trial lawyer and his
familiarity with the case from representing decedent.
7. In-addition to“attorneys” fees, thé proposed attorney-client fee agreement obligates
the estate to pay for the out: ‘of; “pocket, costs that-have.been incurred by the Winer law firm to-date.
onnection- swith the’ litigation;. plus diterest; subject to- ‘the terms’ of the agiéement: A listof”
“these costs is attached as Attachment B to the proposed fee agreement. They ‘include, among ‘other
things, expert witness fees and deposition ‘costs, Decedent agreed to pay these costs in the
agreementthe ‘éiitered into: with Winer, Burritt’ & Scott;LLP. See Attachment A to the proposed
fee agreement at page 7. ioner is informed and believes that these costs were necessary and
able and should -be:approved by:the Court. If and’ when, there is sufficient cash in the estate
to do so, Petitioner may switch to paying the litigation costs directly rather than financing them
through the Winer law firm to avoid future interest expenses.
8. Due to the procedural status of the civil action, there is an urgent need to have this
-3-
PETITION FOR AUTHORIZATION TO RETAIN LITIGATION COUNSEL AND FOR APPROVAL OF ATTORNEY-CLIENT FEE
AGREEMENTcoOD me ND HM BF Ww
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matter heard as soon as possible. The trial date in the civil action is set for February 1, 2021. The
hearing on defendants’ Motion for Summary Adjudication of the causes of action for unpaid
overtime and breach of contract occurred on November 18, 2020. Mr. Tillis filed an opposition to
the Motion for Summary Adjudication and appeared at the hearing on behalf of the estate (the
estate was substituted in as the plaintiff in the civil action on October 9). Additional fact witness
depositions need to be taken as well as expert witness depositions. The parties have discussed
going to mediation to try to settle the case. Given these circumstances, it is imperative for
Petitioner to get authorization from the Court to retain Mr. Tillis and the Winer firm and approval
of the proposed attorney-client fee agreement as soon as possible to ensure their continued
representation of the estate in this matter. Obviously, it is not ideal that Mr. Tillis has been doing
work on behalf of the estate without an Order already in place from the probate department
authorizing Petitioner to retain him as litigation counsel and approving his fee agreement.
Defendants’ counsel insisted on moving forward with their Motion for Summary Adjudication
and Petitioner’s counsel was unable to file this Petition any sooner. Petitioner may need to file an
ex parte petition to advance the hearing of this Petition due to the deadlines in the civil case and
the need to secure Mr. Tillis’s continued representation as soon as possible. Petitioner is informed
and believes that all of the heirs are in favor of the estate retaining the services of Mr. Tillis and
Winer, Burritt & Scott, LLP to represent it in the lawsuit.
9. Petitioner submits that the attorneys’ compensation provided for in the proposed
fee agreement is just and reasonable and the agreement is to the advantage of the estate and in the
best interests of the persons interested therein. Accordingly, Petitioner requests an Order
authorizing her to retain Winer, Burritt & Scott, LLP and Shawn Tillis as litigation counsel to
represent the estate in Case No. CGC-18-569120 and approving the proposed attorney-client fee
agreement attached hereto.
10. The following individuals are entitled to notice of the hearing of this petition:
-4-
PETITION FOR AUTHORIZATION TO RETAIN LITIGATION COUNSEL AND FOR APPROVAL OF ATTORNEY-CLIENT FEE,
AGREEMENTuw
aD Wen
Kimberly A. Stockwell (surviving spouse/heir)
1046 Toren Ct. SE
Grand Rapids, MI 49507
Asmah-Joanne Matthews (daughter/heir)
1046 Toren Ct. SE .
Grand Rapids, MI 49507
Nusceibah Husam Qana (daughter/heir)
Beren District, Beren Behind the Great Mosque
Zarka, Jordan
Mohammad Husam Qana (son/heir)
Beren District, Beren Behind the Great Mosque
Zarka, Jordan
Malek Husam Qana (son/heir)
Beren District, Beren Behind the Great Mosque
Zarka, Jordan
11. No request for special notice is on file and in effect in this action.
WHEREFORE, Petitioner prays for an Order:
1, Authorizing her to retain Winer, Burritt & Scott, LLP and Shawn Tillis as
litigation counsel to represent the estate in Case No. CGC-18-569120;
2. Approving the attorney-client fee agreement attached as Exhibit A to the
unredacted version of this Petition; and
3. For such other and further orders as the court deems appropriate.
Dated: December £ , 2020 ok
Lee L. Kasfer
Attorney for Administrator and Petitioner
KAREN L. FISHER, CLPF #675
-5-
PETITION FOR AUTHORIZATION TO RETAIN LITIGATION COUNSEL AND FOR APPROVAL OF ATTORNEY-CLIENT FEE,
AGREEMENTnN
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VERIFICATION
Ihave read the foregoing PETITION FOR AUTHORIZATION TO RETAIN LITIGTION
COUNSEL AND FOR APPROVAL OF PROPOSED ATTORNEY-CLIENT FEE
AGREEMENT and the exhibits thereto and know their contents. The matters stated in the
foregoing documents are true of my own personal knowledge except as to those matters which are
stated on information and belief, and as to those matters I believe them to be true.
I declare under penalty of perjury of the laws of the State of California that the foregoing
is true and correct. fw
Executed on December § , 2020 at Walnut Creek, California.
AMAL bet
NL. FISHER, CLPF # 675
=6-
PETITION FOR AUTHORIZATION TO RETAIN LITIGATION COUNSEL AND FOR APPROVAL OF ATTORNEY-CLIENT FEE
AGREEMENTEXHIBIT AWINER, BURRITT & SCOTT, LLP
Lake Merritt Plaza
1999 Harrison Street, Suite 600
Oakland, California 94612
T: (510) 433-1000
F: (S10) 433-1001
LEGAL SERVICES AGREEMENT -- EMPLOYMENT CASE
1. IDENTIFICATION OF PARTIES: This Agreement, executed in duplicate with
each party receiving an executed original, is made between WINER, BURRITT & SCOTT,
LLP, and Shawn Tillis of The Tillis Law Firm, as associated counsel, hereinafter referred
to as "Attorney," and Karen Fisher, in her capacity as Administrator of the Estate of
Husam Qana, hereinafter referred to as "Client."
This Agreement is required by Business and, Professions Code section 6147 and is
intended to fulfill the requirements of that Section.
2. LEGAL SERVICES TO BE PROVIDED: The legal services to be provided by
Attorney to Client are as follows: Representation of Karen Fisher, in her legal capacity
as Administrator of the Estate of Husam Qana (“Decedent”), with respect to Decedent’s
present lawsuit against the San Francisco Housing Authority and Edwin Jamora (CGC-
18-569120 — San Francisco County Superior Court). In said capacity, in addition to the
obligations under this retainer agreement, Ms. Fisher does hereby agree to assume any
and all obligations under Decedent's prior retainer agreement—which is attached hereto
as Attachment A and incorporated by reference into this agreement—including, but not
limited to, any and all attorney’s fees and costs that Decedent incurred prior to his death.
Current costs are attached hereto as Attachment B.
3. LEGAL SERVICES SPECIFICALLY EXCLUDED: Legal services that are not to
be provided by Attorney under this Agreement specifically include, but are not limited to,
the following: Representation with respect to:
A. any dispute with a medical care provider about amounts owed by Client
for services received: or
B. any appeal in which Client is an appellant or respondent from a court
judgment on Client's claim.
c any declaratory relief action brought by defendant's insurance company to
avoid paying for a defense of the defendant or to avoid paying plaintiff's claim.
Any bad faith or coverage action against defendant's insurance company.If Client wishes that Attorney provide any legal_services not to be provided under this
Agreement, a separate written agreement between Attorney and Client will be required.
4. RESPONSIBILITD F ATTORNEY AND CLIENT: Attorney will perform the
legal services called for under this Agreement, keep Client informed of important
progress and developments and respond to Client's inquiries and communications. Client
will be truthful and cooperative with Attorney and keep Attorney reasonably informed of
developments and of Client's address, telephone number and whereabouts. Attorney
specifically states that any failure on the part of client to be truthful, cooperative, or to
keep Attorney continually updated with new contact information may, at the discretion of
Attorney, result in the withdrawal of the Attorney.
5. ATTORNEY'S FEES: The amount Attorney will receive for attorney's fees for the
legal services to be provided under this Agreement will be a lien of:
A. 40% of the gross recovery.
"Gross recovery" means the total amount of money received (whether by settlement.
arbitration award, mediation award, status conference, court judgment or court order)
without reduction for “costs” as defined in paragraph 7 of this Agreement. This includes
a Statutory attorney fee award. Lf fees are awarded by the court, the Attorney shall have
the option of accepting the fee award in lieu of the 40% fee stated above.
Further, in computing the contingency fee, in the event a benefit or benefits other than
money is a part of the recovery, you and Attorneys shall make a good faith effort to
determine the monetary value of such benefit, and that value will be added to the “gross
recovery.” The contingency fee shall be payable to the Attorneys in full upon the first
monies paid in recovery.
Client is informed that attomey’s fees and costs are on occasion awarded as monetary
sanctions by the Court or Arbitrator pursuant to various sections of the various California
Codes. Client agrees that, in the event Attorney obtains such an award of attorney’s fees
and/or costs against any of the defendants and/or their attorneys, such fees and/or costs
will be considered extraordinary fees earned by Attorney and will belong entirely to
Attorney.
Client also understands that the Court or Arbitrator may also make such an award against
Client. If so, payment of such an award is Client’s responsibility. If Attorney elects to
advance this amount for Client, Client understands that he or she will be responsible for
reimbursing said amount to Attorney out of any settlement, verdict, or award.
If this case is one in which a statute provides for attorney's fees, Client understands
and/or agrees that Attorneys can, at their election, choose either the amount awarded as
attorney's fees or, in the alternative, they can combine that with any settlement orjudgment and take the percentage set out above from this new total, i.e. the
settlement/judgment plus any award of costs.and/or attorney's fees. Attorneys must
choose either to take the attorney’s fees and costs as payment or to include them in the
total recovery from which they may take their contingency fee as set forth above. They
cannot take both the attorney’s fees awarded by the court or by settlement agreement and
a contingency fee from the settlement or judgment. This includes an award for sanctions.
If payment of all or any part of the amount to be received will be deferred (such as in the
case of an annuity, a structured settlement or periodic payments), the "total amount
received,” for purposes of calculating the attorney's fees, will be the initial lump sum
payment plus the present value, as of the time of the settlement, final arbitration award,
mediation award or final judgment, of the payments to be received thereafter. The
attorney's fees will be paid out of the initial lump sum payment. If the payment is
insufficient to pay the attorney's fees in full, the balance will be paid from subsequent
payments of the recovery before any distribution to Client.
Client is informed that this attorney's fee is not set by law but rather is negotiable
between the Attorney and the Client.
4
If there is no recovery, Attorney will receive ‘io attorney's fees.
6. DIVISION OF ATTORNEY'S FEES: Attorney will divide the attorney's fees
received for the legal services rendered under this Agreement with Shawn Tillis of The
Tillis Law Firm (“Shawn Tillis”).
The terms of the division are as follows: Attorney will pay to Shawn Tillis 33% of all
attorney's fees received. Client is informed that, under the Rules of Professional Conduct
of the State Bar of California, such a division may be made only with the Client's written
consent after a full disclosure to the Client in writing that a division of fees will be made
and of the terms of such division. Client hereby expressly consents to the division.
7. COSTS: Attorney will advance all "costs" in: connection with Attorney's
representation of Client under this Agreement. Attorney will be reimbursed out of the
recovery after fees to Attorney are deducted... If there is no recovery, or if the recovery is
insufficient to reimburse Attorney in full for costs advanced, Attorney will bear the loss.
Costs include, but are not limited to: court filing fees, deposition costs, deposition
summary fees, expert fees and expenses, reasonable costs of outside paralegal, legal
assistants and contract attorneys as necessary to assist Attorney in litigation, investigation
costs, long distance telephone charges, messenger service fees, photocopying expenses,
necessary travel expenses and process server fees. Items that are not to be considered
costs, and that must be paid by Client without being either advanced or contributed to by
Attorney include, but are not limited to: Client's medical expenses and other parties’
costs, if any, that Client is ultimately required to pay. Client assumes the responsibility
of payment of court costs awarded to defendant.Attorney may borrow funds to pay the costs as incurred, and it is understood that both the
principal amounts borrowed and the interest paid thereon for the costs will be deducted
from any recovery to the client ypon completion of the case.
8. REPRESENTATION OF ADVERSE INTERESTS: Client is informed that the
Rules of Professional Conduct of the State Bar of California require Client's informed
written consent before Attorney may begin or continue to represent Client when the
Attorney has or had a relationship with another party interested in the subject matter of
the Attorney's proposed representation of the Client. Attorney is not aware of any
relationship with any other party interested in the subject matter of Attorney's services for
Client under this Agreement. As long as Attorney's services for Client continue under
this Agreement, Attorney will not agree to provide legal services for any such party
without Client's prior written consent.
9. SETTLEMENT: Attorney will not settle Client's claim without the approval of
Client, who will have the absolute right to acdept or reject any settlement. Attorney will
notify Client promptly of the terms of any setligment offer received by Attorney.
10. ATTORNEY'S LIEN: A lien acts as security for payment due to Attorney by
Client. This lien could delay payments to Client until any disputes over the amount to be
paid to Attorney are resolved. Client hereby grants Attorney a lien for any sums due and
owing to Attorney for fees and costs at the conclusion of Attorney’s services.
The lien will attach to any recovery Client may obtain, whether by arbitration award,
judgment, settlement or otherwise, in this matter. Client may seek the advice of any
independent lawyer of the client’s choice about this lien and this matter. By initialing
this provision and signing this agreement Client acknowledges that s/he has been so
advised and given a reasonable opportunity to seek that advice.
Explained, read and approved:
initials)
11. DISCHARGE OF ATTORNEY: Client may discharge Attorney at any time by
written notice effective when received by Attorney. Unless specifically agreed by
Attorney and Client, Attorney will provide no further services and advance no further
costs on Client's behalf after receipt of the notice. If Attorney is Client's attorney of
record in any proceeding, Client will execute and return a Substitution of Attorney form
immediately on its receipt from Attorney. Notwithstanding the discharge, Client will be
obligated to pay Attorney out of the recovery a reasonable attorney's fee for all servicesprovided and to reimburse Attorney out of the recovery for all costs advanced. If there is
no recovery, or the recovery is insufficient to reimburse Attorney in full for costs
advanced, Attorney will bear the loss.
12. WITHDRAWAL OF ATTORNEY: Attorney may withdraw at any time as
permitted under the Rules of Professional Conduct of the State Bar of California. The
circumstances under which the Rules permit such withdrawal include, but are not limited
to, the following:
A. the Client consents; or
B. the Client's conduct renders it unreasonably difficult for the Attorney to
carry out the employment effectively. Notwithstanding Attorney's
withdrawal, Client will be obligated to pay Attorney out of the recovery a
reasonable attorney's fee for all services provided, and to reimburse
Attorney out of the recovery for all costs advanced, before the withdrawal.
If there is no recovery, or the recovery is insufficient to reimburse
Attorney in full for costs advanced, Attorney will bear the loss.
13. BANKRUPTCY OF DEFENDANT: Attorney may withdraw upon receiving
notice of the bankruptcy of any defendant. Client understands and acknowledges that
Attorney will not proceed with any action on Client’s behalf where there is no or very
little potential for recovery.
14. RELEASE OF CLIENT'S PAPERS AND PROPERTY: At the termination of
services under this Agreement, Attorney will release promptly to Client, on request, all of
Client's papers and property. "Client's papers and property" include correspondence,
deposition transcripts, exhibits, experts’ reports, legal documents, physical evidence and
other items reasonably necessary to Client's representation. whether Client has paid for
them or not.
15. DISCLAIMER OF GUARANTY: Although Attorney may offer an opinion about
possible results regarding the subject matter of this Agreement, Attorney cannot
guarantee any particular result. Client acknowledges that Attorney has made no promises
about the outcome and that any opinion offered by Attorney in the future will not
constitute a guaranty.
16. TAXATION OF SETTLEMENT OR JUDGMENT PROCEEDS: Client
acknowledges that Attorney has indicated its belief that the proceeds from a settlement or
judgment are generally taxable, but has recommended Client seek advice from a tax
expert regarding any tax implications related to the settlement of Client’s case, and that
aAttorney has declined to provide any such advice to Client. Client hereby agrees to
indemnify and hold Attorney harmless against any and all claims which may be asserted
by a taxing authority against Client for taxes, jnterest or penalties resulting from the
settlement of Client’s case. Client also acknowledges and agrees that Attorney shall have
no obligation to defend Client in the event of any claim against Client related to this case
brought by an tax enforcement authority.
17. ENTIRE AGREEMENT: This Agreement contains the entire Agreement of the
parties. No other agreement, statement or promise made on or before the effective date
of this Agreement will be binding on the parties.
18. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY: If any provision of
this Agreement is held in whole or in part to be unenforceable for any reason, the
remainder of that provision and of the entire Agreement will be severable and remain in
effect.
19. MODIFICATION BY SUBSEQUENT AGREEMENT: This Agreement may be
modified by subsequent agreement of the paitie’s only by an instrument in writing signed
by both of them or an oral agreement to the extent that the parties carry it out.
20. ARBITRATION OF FEE DISPUTE: Any dispute between Client and Attorney or
any claim between Client and Attorney, relating in any manner to Attorney’s
representation of Client or services rendered to ‘Client or on Client’s behalf, which cannot
be resolved between Client and Attorney, shall be referred to binding arbitration. If
Client agrees to this provision of this Retainer Agreement, Client will thereby waive any
right Client may have to a trial by jury or to a judge as well as any rights to an appeal and
formal discovery rights that parties to a lawsuit filed in court normally have, regarding
any such dispute. Attorney urges Client to seek the advice of an independent attorney of
Client’s choosing on this provision of this Retainer Agreement. In the unlikely event that
either party institutes any such proceeding, the prevailing party shall be entitled to
recover reasonable attorney’s fees and costs in connection with the proceeding. Attorney
does not expect that any such dispute will arise, but Attorney sets it forth as Attorney’s
standard procedure. Attorney looks forward'to.a wholly amicable relationship.
21. ATTORNEY'S FEES AND COSTS IN ACTION ON AGREEMENT: The
prevailing party in any action or proceeding to enforce any provision of this Agreement
will be awarded reasonable attorney's fees and costs incurred in that action or proceeding
or in efforts to negotiate the matter. 1
oy22. ATTORNEYS' INSURANCE: Attomey maintains errors and omissions insurance
coverage applicable to the services to be rendered.
23. EFFECTIVE DATE OF AGREEMENT: The effective date of this Agreement
will be the date when, having been executed by Client, one copy of the Agreement is
received by Attorney.
The foregoing is agreed to by:
DATED:
CLIENT:
WINER, BURRITT & SCOTT, LLP THE TILLIS LAW FIRM
DATED: . DATED:
By: By:
(Attorney) (Attorney)
I further agree to promptly advise Attorney of any change in my contact information or if
I will be traveling or otherwise unavailable for a period of more than two weeks.
DATED:
CLIENT:
ELECTION TO PAY COSTS
Lelect to pay the costs in this case in the following manner:
(PLEASE CHECK ONE OF THE FOLLOWING)
t] Pay the amount immediately.
{] Pay the interest only each month as billed.
[X] Pay nothing now but pay both principal and interest upon the completion
of my case or as soon as I wish.
DATED:
CLIENT:ATTACHMENT AWINER, McKENNA & BURRITT, LL?
Lake Merritt Plaza
1999 Harrison Street, Suite 600
Oakland, California 94612
T: (510) 433-1000
F: (510) 433-1001
LEGAL SERVICES AGREEMENT -- EMPLOYMENT CASE
1. IDENTIFICATION OF PARTIES: This Agreement, executed in duplicate with
each party receiving an executed original, is made between WINER, McKENNA &
RITT, LLP, hereinafter referred to as “Attorney," and
tie seh Q@ van oe , hereinafter referred to as "Client." |
This Agreement is required by Business and Professions Code section 6147 and is
intended to fulfill the requirements of that Section,
2. LEGAL SERVICES TO BE PROVIDED: The legal services to be provided by
Attorney to Client are as follows: Representa! jient, with respect to his/her claim
for damages as they relate to employment a! PAN _
3. LEGAL SERVICES SPECIFICALLY EXCLUDED: Legal services that are not to
be provided by Attorney under this Agreement specifically include, but are not limited to,
the following: Representation with respect to:
A. any dispute with a medical care provider about amounts owed by Client
for services received; or .
B. any appeal in which Client is an appellant or respondent from a court
judgment on Client's claim.
Cc. any declaratory relief action brought by defendant's insurance company to
avoid paying for a defense of the defendant or to avoid paying plaintiff's claim.
Any bad faith or coverage action against defendant's insurance company.
If Client wishes that Attorney provide any legal Services not to be provided under this
Agreement, a separate written agreement betweéh Attorney and Client will be required.
4. RESPONSIBILITIES OF ATTORNEY AND CLIENT: Attorney will perform the
legal services called for under this Agreement, keep Client informed of important
progress and developments and respond to Client's inquiries and communications. Client
will be truthful and cooperative with Attorney and keep Attorney reasonably informed ofdevelopments and of Client's address, telephone number and whereabouts. Attorney
specifically states that any failure on the part of client to be truthful, cooperative, or to
keep Attorney continually updated. with new contact information may, at the discretion of
Attorney, result in the withdrawal of the Attorney.
5. ATTORNEY'S FEES; The amount Attomey will receive for attorney's fees for the
legal services to be provided under this Agreement will be a Jien of:
A 40% of the gross recovery.
"Gross recovery" means the total amount of money received (whether by settlement,
arbitration award, mediation award, status conference, court judgment or court order)
without reduction for "costs" as defined in paragraph 7 of this Agreement. This includes
a statutory attorney fee award. If fees are awarded by the court, the Attomey shall have
the option of accepting the fee award in lieu of the 40% fee stated above.
Further, in computing the contingency fee,.in the event a benefit or benefits other than
money is a part of the recovery, you and: Attoineys shall make a good faith effort to
determine the monetary value of such benefit; and that value will be added to the “gross
recovery.” The contingency fee shall be payable t to, the Attorneys in full upon the first
monies paid in recovery.
Client is informed thal attorney’s fees and costs are on occasion awarded as monetary
sanctions by the Court or Arbitrator pursuant to various scctions of the various California
Codes. Client agrees that, in the event Attorney obtains such an award of attorney’s fees
and/or costs against any of the defendants and/or their attorneys, such fees and/or costs
will be considered extraordinary fees earned by Attorney and will belong entirely to
Attorney,
Client also understands that the Court or Arbitrator may also make such an award against
Client. If'so, payment of such an award is Client’s responsibility. If Attorney elects to
advance this amount for Client, Client understands that he or she will be responsible for
reimbursing said amount to Attorney out of any settlement, verdict, or award.
If this case is one in which a statute provides for attorney’s fees, Client understands
and/or agrees that Attorneys can, at their election, choose either the amount awarded as
attorney’s fees or, in the alternative, they can combine that with any settlement or
judgment and take the percentage set out above from this new total, i.e. the
settlement/judgment plus any award of costs and/or attorney's fees. Atlomeys must
choose either to take the attorncy’s fees and cats as payment or to include them in the
total recovery fiom which they may take their contingency fee as set forth above. They
cannot take both the attorney’s fees awarded by the court or by settlement agreement and
acontingency fee from the settlement or judgment. This includes an award for sanctions.If payment of all or any part of the amount to be received will be deferred (such as in the
case of an annuity, a structured settlement or periadic payments), the “total amount
received," for purposes of calculating the attomey's fees, will be the initial lump sum
payment plus the present value, as of the time of the settlement, final arbitration award,
mediation award or final judgment, of the payments.to be received thereafter. The
attorney's fees will be paid out of the initial Limp sum payment, If the payment is
insufficient to pay the attorney's fees in full, tte balance will be paid from subsequent
payments of the recovery before any distribution to Client.
Client is informed that this attorney's fee is not set by law but rather is negotiable
between the Attorney and the Client.
If there is no recovery, Attorney will receive no attorney's fees.
6. DIVISION OF ATTORNEY'S FEES: Attorney will divide the attorney's fees
received for the legal services rendered undei this Agreement with
The terms of the division are as follows: Attorney will pay to __
% of all attorney's fees received. Client is informed that, under the Rules of
Professional Conduct of the State Bar of California, such a division may be made only
with the Client's written consent after a full disclosure to the Client in writing that a
division of fees will be made and of the terms of'such division. Client hereby expressly
consents to the division. ‘ I i
7. COSIS: Attorney will advance all "costs" in connection with Attorney's
representation of Client under this Agreement. Attorney will be reimbursed out of the
recovery after fees to Attorney are deducted. If there is no recovery, or if the recovery is
insufficient to reimburse Attorney in full for costs advanced, Attorney will bear the loss.
Costs include, but are not limited to: court filing’fees, deposition costs, deposition
summary fees, expert fees and expenses, reasonable costs of outside paralegal, legal
assistants and contract attorneys as necessaiy to assist Attorney in litigation, investigation
costs, long distance telephone charges, messenger service fees, photocopying expenses,
necessary travel expenses and process servér fees. Items that are not to be considered
costs, and that must be paid by Client without being either advanced or contributed to by
Attorney include, but are not limited to: Client's medical expenses and other parties'
costs, if any, that Client is ultimately required to pay. Client assumes the responsibility
of payment of court costs awarded to defendant.
Attorney may borrow funds to pay the costs ag,incurred, and it is understood that both the
principal amounts borrowed and the interest paid thereon for the costs will be deducted
from any recovery to the client upon completion of the case.8. REPRESENTATION OF ADVERSE INTERESTS: Client is informed that the
Rules of Professional Conduct of the State Bar of California require Client's informed
written consent before Attorney may begin or continue to represent Client when the
Attorney has or had a relationship with another party interested in the subject matter of
the Attorney's proposed representation of the Client. Attorney is not aware of any
relationship with any other party interested in the subject matter of Attorney's services for
Client under this Agreement. As long as Attorney's services for Client continue under
this Agreement, Attorney will not agree to provide legal services for any such party
without Client's prior written consent.
9. SETTLEMENT: Attorney will not settle Client's claim without the approval of
Client, who will have the absolute right to accept dr reject any settlement. Attorney will
notify Client promptly of the terms of any settlement offer received by Attorney.
('S LEN: A lien acts.as security for payment due to Aitorney by
Client. This lien could delay payments to Client until any disputes over the amount to be
paid to Attomey are resolved. Client hereby grants Attorney a lien for any sums due and
owing to Attorney for fees and costs at the conclusion of Attorney’s services,
he
‘The lien will attach to any recovery Client may obtain, whether by arbitration award,
judgment, settlement or otherwise, in this matter; ‘Client may seck the advice of any
independent lawyer of the client’s choice abotit'this lien and this matter. By initialing
this provision and signing this agreement Client atknowledges that s/he has been so
advised and given a reasonable opportunity to seek that advice,
Explained, read and approved:
(Client’s initials)
11. DISCHARGE. OF ATTORNEY: Client.may discharge Attorney at any time by
written notice effective when received by Attorney. Uniess specifically agreed by
Attorney and Client, Attorney will provide ne further services and advance no further
costs on Client's behalf after receipt of the notige. ff Attorney is Client's attorney of
record in any proceeding, Client will execute.and retum a Substitution of Attorney form
immediately on its receipt from Attorney. Notwithstanding the discharge, Client will be
obligated to pay Attorney out of the recovery onable attorney's fee for all services
provided and to reimburse Attorney out of the,re¢overy for all costs advanced, If there is
no recovery, or the recovery is insbfficient to reiiburse Attorney in full for costs
advanced, Attorney will bear the loss, ,12. WITHDRAWAL OF ATTORNEY: Attorney may withdraw at any time as
permitted under the Rules of Professional Conduct of the State Bar of California. The
circumstances under which the Rules permit such withdrawal include, but are not limited
to, the following:
A. the Client consents; or
B. the Client's conduct renders it unreasonably difficult for the Attorney to
carry out the employment effectively. Notwithstanding Atiomey's
withdrawal, Client will be obligated to pay Attorney out of the recovery a
reasonable attorney's fee for all services provided, and to reimburse
Attomey out of the recovery for all costs advanced, before the withdrawal.
If there is no recovery, or the recovery is insufficient to reimburse
Attomey in full for costs advanced, Attomey will bear the loss.
13. RELEASE OF CLIENT'S PAPERS AND PROPERTY: At the termination of
services under this Agreement, Attorney will release promptly to Client, on request, all of
Client's papers and property. "Client's papers ‘and property" include correspondence,
deposition transcripts, exhibits, experts' reports, legal documents, physical evidence and
other items reasonably necessary to Client's répresentation, whether Client has paid for
them or not. .
14, DISCLAIMER OF GUARANTY: Although Attorney may offer an opinion about
possible results regarding the subject matter of this Agreement, Attorney cannot
guarantee any patticular result. Client acknowledges that Attorney has made no promises
about the outcome and that any opinion offered by Altorney in the future will not
constitute a guaranty.
15, TAXATION OF SETTLEMENT OR JUDGMENT PROCEEDS: Client
acknowledges that Attorney has indicated its belief that the proceeds from a settlement or
judgment are generally taxable, but has recommended Client seek advice from a tax
expert regarding any tax implications related to the settlement of Client’s case, and that
Attorney has declined to provide any such advice to Client, Client hereby agrees to
indemnify and hold Attorney harmless against any and all claims which may be asserted
by a taxing authority against Client for taxes, interest or penalties resulting from the
settlement of Client’s case. Client also acknowledges and agrees that Attorney shall have
no obligation to defend Client in the event of any claim against Client related to this case
brought by an tax enforcement authority.
16. ENTIRE AGREEMENT: This Agreement contains the entire Agreement of the
parties. No other agreement, statement or promise made on or before the effective date
of this Agreement will be binding on the parties.17. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY: If any provision of
this Agreement is held in whole or in part (o be unenforceable for any reason, the
remainder of that provision and of the entire Agreement will be severable and remain in
effect.
18. MODIFICATION BY SUBSEQUENT AGREEMENT: This Agreement may be
modified by subsequent agreement of the parties only by an instrument in writing signed
by both of them or an oral agreement to the extent that the parties carry it out,
19. ARBITRATION OF FEE DISPUTE: Any dispute between Client and Attorney or
any claim between Client and Attomey, relating in any manner to Attomey’s
representation of Client or services rendered to Client or on Client’s behalf, which cannot
be resolved between Client and Attorney, shall be referred to binding arbitration. If
Client agrees to this provision of this Retainer Agreement, Client will thereby waive any
right Client may have to a trial by jury or to a judge as well as any rights to an appeal and
formal discovery rights that parties to a lawsuit filed in court normally have, regarding
any such dispute. Attorney urges Client to seek the advice of an independent attorney of
Client’s choosing on this provision of this Retainer Agreement. In the unlikely event that
either party institutes any such proceeding, the prevailing party shall be entitled to
Tecover reasonable attomcy’s fees and costs in connection with the proceeding. Attorney
does not expect that any such dispute will arise, but Attorney sets it forth as Attorney’s
standard procedure. Attorney looks forward to.qwholly amicable relationship.
20. ATTORNEY'S FEES AND COSTS IN ACTION ON AGREEMENT: The
prevailing party in any action or proceeding to enforce any provision of this Agreement
will be awarded reasonable attorney's fees and costs incurred in that action or proceeding
or in efforts to negotiate the matter.
fi
21. ATTORNEYS' INSURANCE: Attomey maintains errors and omissions insurance
coverage applicable to the services to be rendered.
22. BREECTIVE DATE OF AGREEMENT: ‘The effective date of this Agreement
will be the date when, having been executed by Client, one copy of the Agreement is
received by Attorney.
HW
i
4The foregoing is agreed to by:
CLIENT: SSAs oy © AA |
WINER, McKENNA & BURRITT, LLP
T further agree’fo promptly advise Attorney of any. change in my contact information or if
I will be trav¢}ing or otherwise unavailable for a period of more than two weeks.
DATED: & % . \
CLIENT: SESSA yy CO iN
ELECTION TO PAY COSTS
wp
Iclect fo pay the-costs in this case in the following manner:
PLEASE CHECK ONE OF THE FOLLOWING)
{1 Pay the amount immediately. 4
{] Pay the interest only each month Pa billed.
Me Pay nothing now but pay both principal and interest upon the. completion
a of my case or as soon as I wish,
DATED: A. 3 (ck
CLIENT: SAU SAW DO A AeA peat
Revised: 1/3/2017ATTACHMENT B40:57 AM Winer, Burritt & Scott, LLP
09/23/20 Customer Open Balance
Accrual Basis All Transactions
Date Num Memo Amount Balance
Qana, Husam
07/05/2017 1079 Dr, Winkel 7,500.00 7,600.00
02/01/2018 21692 | Hr Delivery 116.64 7,816.64
08/31/2018 11005 1siLegal (844,51 8.461.415
09/07/2018 22224 SF SupCt 150.00 8,611.15
11/29/2018 «1315 ADR: 1,900.00 10,511.15
11/30/2018 11005 ist Legal 23.00 10,634.15
12/4/2018 22456 GS Overnight 22,07 10,556.22
12/26/2018 22493 Fine & Assoc 2,650.70 13,206.92
01/31/2019 11005. ist Legal 27.00 43,233.92
02/11/2019 11006 SDT Travel 2/8 40.00 13,273.92
0245/2019 22592 Depo Summaries : 369.00 13,642.92
03/01/2019 22638 GS Ovemight 30.70 13,673.62
03/11/2019 22654 1 Hr Delivery 102.40 13,776.02
03/31/2019 Lexis Research 119,49 13,895.51
04/22/2019 22765 US Legal 532.64 146,428.15,
08/28/2019 22832 Robert Johnson &A... 6,300.06 20,728.15
06/20/2019 22896 GS Ovemight 8.52 20,736.67
08/16/2019 22986 US Legal Support 938.55 21,675.22
08/31/2019 Lexis Research 192.96 21,868.18
09/13/2019 23062, 1 Hr Delivery yp 95.20 21,963.38
09/30/2019 Lexis Research . 141.83 22,105.21
10/15/2019 23118 Depa Summaries 600.75 22,705.96
10/15/2019 23138 1 Hr Delivery 64.96 22,770.92
10/15/2019 11005 1st Legal 252.50 (23,023.42
10/31/2019 11005 1stLegal 88.00 23,111.42
1101/2019 23167 GS Ovemight 8.50 23,119.92
41/04/2019 23175 US Legal Support 419.10 23,539.02
11/15/2019 11005 ‘1st Legal. 27.00 23,566.02
12/18/2019 23284 Depo Summaries 119.25 23,685.27
12/18/2019 23474. Certified Reporting 993.25 (24,678.52
12/23/2019 6617 Barkley Ct Reporters 2,147.10 26,825.62
12/23/2019 6177 Barkley Reporters 726.50 27,561.12
42/31/2019 3724 Certified Reporting 2,544.27 30,095.39
12/31/2019 3724 ~— Certified Reporting 412.85 30,508.24
02/29/2020 CoiPo 866.90 31,378.14
02/29/2020 11005 1st Legal 95.38 31,470.52
03/02/2020 23454 Depo Summaries « 193.50 31,664.02
03/23/2020 23512 GSO Overnight. 9.62 31,673.64
04/14/2020 3562. Rev.com 94,25 34,767.89
05/22/2020 6617 Certified Reporting 1,140.90 32,908.79
05/22/2020 6617 Certified Reporting 1,320.35 34,229.14
08/04/2020 23697 Robert Johnson 1,854.50 36,083.64
06/10/2020 3562 CouftCall 94.00 36,177.64
08/05/2020 23837 Fine & Assoc 1,215.10 37,392.74
09/23/2020 Interest 7, 5 45,033.19
Total Qana, Husam 45,033.19
TOTAL, 45,033.19 45,033.19
Page 4
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oO ND NW 10 ul 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Lee L. Kaster (SBN: 208743) San Francisco County Superior Court LAW OFFICES OF LEE L. KASTER, P.C. 1806 Bonanza Street DEC 08 2020 Walnut Creek, California 94596 Telephone: (925) 280-6701 CLERK F THE COURT Facsimile: (925) 280-6078 BY af iy eputy Clerk lAttorney for Administrator and Petitioner KAREN L. FISHER, CLPF #675 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO In the Matter of the Estate of Husam Case No. PES-20-303794 Mousa Qana, PETITION FOR AUTHORIZATION TO Deceased. RETAIN LITIGATION COUNSEL AND FOR APPROVAL OF PROPOSED ATTORNEY- CLIENT FEE AGREEMENT Date: March 16, 2021 Time: 9:00 a.m. Dept.: 204 Karen L. Fisher, CLPF #675, as Administrator of the Estate of Husam Mousa Qana, hereby petitions the Court for an Order authorizing her to retain the law firm of Winer, Burritt & Scott, LLP and Shawn Tillis, Esq. as litigation counsel for the purpose of representing the estate in a “survival” action against the decedent’s former employer, the San Francisco Housing Authority, as well as its former Director of Finance, Edwin Jamora, pending in San Francisco County Superior Court (Case No. CGC-18-569120). Petitioner further seeks the Court’s approval of the proposed attorney-client fee agreement with Winer, Burritt & Scott, LLP and Mr. Tillis. In a separate Motion to Seal Record which is set for hearing on February 24, 2021 at 2:00 p.m. in Department 204, Petitioner is requesting an Order that the fee agreement be sealed by the Court because it is subject to the attorney-client privilege and disclosure of the terms of the agreement PETITION FOR AUTHORIZATION TO RETAIN LITIGATION COUNSEL AND FOR APPROVAL OF ATTORNEY-CLIENT FEE AGREEMENTRO WON oo NAY to the defendants in the civil action could harm the estate’s tactical position in the litigation. Petitioner alleges as follows: 1. Decedent Husam Mousa Qana died intestate on May 9, 2020 in San Francisco County, California, and was a resident of San Francisco County at the time of his death. 2. Petitioner (a California licensed professional fiduciary) was appointed Administrator of the Estate with full IAEA authority on September 21, 2020. At all times since then Petitioner has been and now is the duly appointed and acting Administrator of decedent’s estate. Petitioner’s IAEA powers have not been revoked. 3. At the time of his death, decedent had a civil lawsuit pending against his employer, the San Francisco Housing Authority (“SFHA”) and SFHA’s former Director of Finance, Edwin Jamora. The lawsuit (San Francisco County Superior Court Case No. CGC-18-569120) was filed on August 23, 2018. It alleges causes of action (among others) for sexual harassment and failure to pay overtime as required by the Fair Labor Standards Act. A true and correct copy of decedent’s Second Amended Complaint (the operative complaint) in the civil action is attached hereto as Exhibit A. Decedent was employed by SFHA from 2010 until his death in May 2020. Although decedent’s claim for emotional distress and other “general” damages did not survive his death, his claims for special damages, including unpaid overtime, penalties, interest and attorneys’ fees, survived his death under Code of Civil Procedure section 377.20 and it is in the estate’s best interest to pursue these “surviving” claims. Petitioner is informed and believes that the survival action has substantial monetary value. The lawsuit appears to be the primary asset of the estate. 4. Decedent was represented in the lawsuit by the law firm of Winer, Burritt & Scott, LLP in Oakland, California. Winer, Burritt & Scott, LLP is a prominent Bay Area plaintiff-side law firm which routinely handles employment and personal injury cases. The attorney at the Winer firm who has been primarily responsible for handling the case on decedent’s behalf is Shawn Tillis. In approximately May 2020 (the same month in which decedent died), Mr. Tillis left the Winer firm to start his own law firm, The Tillis Law Firm. Thé proposal now is to have -2- PETITION FOR AUTHORIZATION TO RETAIN LITIGATION COUNSEL AND FOR APPROVAL OF ATTORNEY-CLIENT FEE AGREEMENTth-Mr;-Tillis-and the Wiriet-firm represent :the estate as:co-counsel,.with. the fee to: be,split ..between.them.. 5. The proposed-attorney-client' fee-agreement between.the estate and. Mr. Tillis/ Winer, Burritt & Scott; LLP is essentially identical to the agreement that decedent entered into with Winer, Burritt & Scott, LLP when he retained it to represent him. It is attached as Exhibit A to the unredacted version of this Petition that is being lodged with the Court pursuant to Rule 2.551 of the California Rules of Court. 6. Retention-of Mi: Tillis‘ahd Winer; Burritt & Scott, LLP by:the estate and approval of the proposed:fee agreement with them’is ‘in the:best interests of the estate. The estate needs representation in this matter and Mr. Tillis and the Winer firm are the obvious choice since they were already representing decedent at the time of his death and had been since the beginning of the case. They are intimately familiar with the case and well qualified to represent the estate. Mr. Tillis is an experienced trial attorney and both he and the Winer law firm have extensive experience handing plaintiff-side employment cases. The estate will benefit from Mr. Tillis representing it in the civil action because of his skills and experience as a trial lawyer and his familiarity with the case from representing decedent. 7. In-addition to“attorneys” fees, thé proposed attorney-client fee agreement obligates the estate to pay for the out: ‘of; “pocket, costs that-have.been incurred by the Winer law firm to-date. onnection- swith the’ litigation;. plus diterest; subject to- ‘the terms’ of the agiéement: A listof” “these costs is attached as Attachment B to the proposed fee agreement. They ‘include, among ‘other things, expert witness fees and deposition ‘costs, Decedent agreed to pay these costs in the agreementthe ‘éiitered into: with Winer, Burritt’ & Scott;LLP. See Attachment A to the proposed fee agreement at page 7. ioner is informed and believes that these costs were necessary and able and should -be:approved by:the Court. If and’ when, there is sufficient cash in the estate to do so, Petitioner may switch to paying the litigation costs directly rather than financing them through the Winer law firm to avoid future interest expenses. 8. Due to the procedural status of the civil action, there is an urgent need to have this -3- PETITION FOR AUTHORIZATION TO RETAIN LITIGATION COUNSEL AND FOR APPROVAL OF ATTORNEY-CLIENT FEE AGREEMENTcoOD me ND HM BF Ww VPN wYeNY NY NN KN KN S| Hee Be Be Be Be we eB ed AA FB YS = SOD eA DH RB WN matter heard as soon as possible. The trial date in the civil action is set for February 1, 2021. The hearing on defendants’ Motion for Summary Adjudication of the causes of action for unpaid overtime and breach of contract occurred on November 18, 2020. Mr. Tillis filed an opposition to the Motion for Summary Adjudication and appeared at the hearing on behalf of the estate (the estate was substituted in as the plaintiff in the civil action on October 9). Additional fact witness depositions need to be taken as well as expert witness depositions. The parties have discussed going to mediation to try to settle the case. Given these circumstances, it is imperative for Petitioner to get authorization from the Court to retain Mr. Tillis and the Winer firm and approval of the proposed attorney-client fee agreement as soon as possible to ensure their continued representation of the estate in this matter. Obviously, it is not ideal that Mr. Tillis has been doing work on behalf of the estate without an Order already in place from the probate department authorizing Petitioner to retain him as litigation counsel and approving his fee agreement. Defendants’ counsel insisted on moving forward with their Motion for Summary Adjudication and Petitioner’s counsel was unable to file this Petition any sooner. Petitioner may need to file an ex parte petition to advance the hearing of this Petition due to the deadlines in the civil case and the need to secure Mr. Tillis’s continued representation as soon as possible. Petitioner is informed and believes that all of the heirs are in favor of the estate retaining the services of Mr. Tillis and Winer, Burritt & Scott, LLP to represent it in the lawsuit. 9. Petitioner submits that the attorneys’ compensation provided for in the proposed fee agreement is just and reasonable and the agreement is to the advantage of the estate and in the best interests of the persons interested therein. Accordingly, Petitioner requests an Order authorizing her to retain Winer, Burritt & Scott, LLP and Shawn Tillis as litigation counsel to represent the estate in Case No. CGC-18-569120 and approving the proposed attorney-client fee agreement attached hereto. 10. The following individuals are entitled to notice of the hearing of this petition: -4- PETITION FOR AUTHORIZATION TO RETAIN LITIGATION COUNSEL AND FOR APPROVAL OF ATTORNEY-CLIENT FEE, AGREEMENTuw aD Wen Kimberly A. Stockwell (surviving spouse/heir) 1046 Toren Ct. SE Grand Rapids, MI 49507 Asmah-Joanne Matthews (daughter/heir) 1046 Toren Ct. SE . Grand Rapids, MI 49507 Nusceibah Husam Qana (daughter/heir) Beren District, Beren Behind the Great Mosque Zarka, Jordan Mohammad Husam Qana (son/heir) Beren District, Beren Behind the Great Mosque Zarka, Jordan Malek Husam Qana (son/heir) Beren District, Beren Behind the Great Mosque Zarka, Jordan 11. No request for special notice is on file and in effect in this action. WHEREFORE, Petitioner prays for an Order: 1, Authorizing her to retain Winer, Burritt & Scott, LLP and Shawn Tillis as litigation counsel to represent the estate in Case No. CGC-18-569120; 2. Approving the attorney-client fee agreement attached as Exhibit A to the unredacted version of this Petition; and 3. For such other and further orders as the court deems appropriate. Dated: December £ , 2020 ok Lee L. Kasfer Attorney for Administrator and Petitioner KAREN L. FISHER, CLPF #675 -5- PETITION FOR AUTHORIZATION TO RETAIN LITIGATION COUNSEL AND FOR APPROVAL OF ATTORNEY-CLIENT FEE, AGREEMENTnN vw hw oe YD VERIFICATION Ihave read the foregoing PETITION FOR AUTHORIZATION TO RETAIN LITIGTION COUNSEL AND FOR APPROVAL OF PROPOSED ATTORNEY-CLIENT FEE AGREEMENT and the exhibits thereto and know their contents. The matters stated in the foregoing documents are true of my own personal knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. fw Executed on December § , 2020 at Walnut Creek, California. AMAL bet NL. FISHER, CLPF # 675 =6- PETITION FOR AUTHORIZATION TO RETAIN LITIGATION COUNSEL AND FOR APPROVAL OF ATTORNEY-CLIENT FEE AGREEMENTEXHIBIT AWINER, BURRITT & SCOTT, LLP Lake Merritt Plaza 1999 Harrison Street, Suite 600 Oakland, California 94612 T: (510) 433-1000 F: (S10) 433-1001 LEGAL SERVICES AGREEMENT -- EMPLOYMENT CASE 1. IDENTIFICATION OF PARTIES: This Agreement, executed in duplicate with each party receiving an executed original, is made between WINER, BURRITT & SCOTT, LLP, and Shawn Tillis of The Tillis Law Firm, as associated counsel, hereinafter referred to as "Attorney," and Karen Fisher, in her capacity as Administrator of the Estate of Husam Qana, hereinafter referred to as "Client." This Agreement is required by Business and, Professions Code section 6147 and is intended to fulfill the requirements of that Section. 2. LEGAL SERVICES TO BE PROVIDED: The legal services to be provided by Attorney to Client are as follows: Representation of Karen Fisher, in her legal capacity as Administrator of the Estate of Husam Qana (“Decedent”), with respect to Decedent’s present lawsuit against the San Francisco Housing Authority and Edwin Jamora (CGC- 18-569120 — San Francisco County Superior Court). In said capacity, in addition to the obligations under this retainer agreement, Ms. Fisher does hereby agree to assume any and all obligations under Decedent's prior retainer agreement—which is attached hereto as Attachment A and incorporated by reference into this agreement—including, but not limited to, any and all attorney’s fees and costs that Decedent incurred prior to his death. Current costs are attached hereto as Attachment B. 3. LEGAL SERVICES SPECIFICALLY EXCLUDED: Legal services that are not to be provided by Attorney under this Agreement specifically include, but are not limited to, the following: Representation with respect to: A. any dispute with a medical care provider about amounts owed by Client for services received: or B. any appeal in which Client is an appellant or respondent from a court judgment on Client's claim. c any declaratory relief action brought by defendant's insurance company to avoid paying for a defense of the defendant or to avoid paying plaintiff's claim. Any bad faith or coverage action against defendant's insurance company.If Client wishes that Attorney provide any legal_services not to be provided under this Agreement, a separate written agreement between Attorney and Client will be required. 4. RESPONSIBILITD F ATTORNEY AND CLIENT: Attorney will perform the legal services called for under this Agreement, keep Client informed of important progress and developments and respond to Client's inquiries and communications. Client will be truthful and cooperative with Attorney and keep Attorney reasonably informed of developments and of Client's address, telephone number and whereabouts. Attorney specifically states that any failure on the part of client to be truthful, cooperative, or to keep Attorney continually updated with new contact information may, at the discretion of Attorney, result in the withdrawal of the Attorney. 5. ATTORNEY'S FEES: The amount Attorney will receive for attorney's fees for the legal services to be provided under this Agreement will be a lien of: A. 40% of the gross recovery. "Gross recovery" means the total amount of money received (whether by settlement. arbitration award, mediation award, status conference, court judgment or court order) without reduction for “costs” as defined in paragraph 7 of this Agreement. This includes a Statutory attorney fee award. Lf fees are awarded by the court, the Attorney shall have the option of accepting the fee award in lieu of the 40% fee stated above. Further, in computing the contingency fee, in the event a benefit or benefits other than money is a part of the recovery, you and Attorneys shall make a good faith effort to determine the monetary value of such benefit, and that value will be added to the “gross recovery.” The contingency fee shall be payable to the Attorneys in full upon the first monies paid in recovery. Client is informed that attomey’s fees and costs are on occasion awarded as monetary sanctions by the Court or Arbitrator pursuant to various sections of the various California Codes. Client agrees that, in the event Attorney obtains such an award of attorney’s fees and/or costs against any of the defendants and/or their attorneys, such fees and/or costs will be considered extraordinary fees earned by Attorney and will belong entirely to Attorney. Client also understands that the Court or Arbitrator may also make such an award against Client. If so, payment of such an award is Client’s responsibility. If Attorney elects to advance this amount for Client, Client understands that he or she will be responsible for reimbursing said amount to Attorney out of any settlement, verdict, or award. If this case is one in which a statute provides for attorney's fees, Client understands and/or agrees that Attorneys can, at their election, choose either the amount awarded as attorney's fees or, in the alternative, they can combine that with any settlement orjudgment and take the percentage set out above from this new total, i.e. the settlement/judgment plus any award of costs.and/or attorney's fees. Attorneys must choose either to take the attorney’s fees and costs as payment or to include them in the total recovery from which they may take their contingency fee as set forth above. They cannot take both the attorney’s fees awarded by the court or by settlement agreement and a contingency fee from the settlement or judgment. This includes an award for sanctions. If payment of all or any part of the amount to be received will be deferred (such as in the case of an annuity, a structured settlement or periodic payments), the "total amount received,” for purposes of calculating the attorney's fees, will be the initial lump sum payment plus the present value, as of the time of the settlement, final arbitration award, mediation award or final judgment, of the payments to be received thereafter. The attorney's fees will be paid out of the initial lump sum payment. If the payment is insufficient to pay the attorney's fees in full, the balance will be paid from subsequent payments of the recovery before any distribution to Client. Client is informed that this attorney's fee is not set by law but rather is negotiable between the Attorney and the Client. 4 If there is no recovery, Attorney will receive ‘io attorney's fees. 6. DIVISION OF ATTORNEY'S FEES: Attorney will divide the attorney's fees received for the legal services rendered under this Agreement with Shawn Tillis of The Tillis Law Firm (“Shawn Tillis”). The terms of the division are as follows: Attorney will pay to Shawn Tillis 33% of all attorney's fees received. Client is informed that, under the Rules of Professional Conduct of the State Bar of California, such a division may be made only with the Client's written consent after a full disclosure to the Client in writing that a division of fees will be made and of the terms of such division. Client hereby expressly consents to the division. 7. COSTS: Attorney will advance all "costs" in: connection with Attorney's representation of Client under this Agreement. Attorney will be reimbursed out of the recovery after fees to Attorney are deducted... If there is no recovery, or if the recovery is insufficient to reimburse Attorney in full for costs advanced, Attorney will bear the loss. Costs include, but are not limited to: court filing fees, deposition costs, deposition summary fees, expert fees and expenses, reasonable costs of outside paralegal, legal assistants and contract attorneys as necessary to assist Attorney in litigation, investigation costs, long distance telephone charges, messenger service fees, photocopying expenses, necessary travel expenses and process server fees. Items that are not to be considered costs, and that must be paid by Client without being either advanced or contributed to by Attorney include, but are not limited to: Client's medical expenses and other parties’ costs, if any, that Client is ultimately required to pay. Client assumes the responsibility of payment of court costs awarded to defendant.Attorney may borrow funds to pay the costs as incurred, and it is understood that both the principal amounts borrowed and the interest paid thereon for the costs will be deducted from any recovery to the client ypon completion of the case. 8. REPRESENTATION OF ADVERSE INTERESTS: Client is informed that the Rules of Professional Conduct of the State Bar of California require Client's informed written consent before Attorney may begin or continue to represent Client when the Attorney has or had a relationship with another party interested in the subject matter of the Attorney's proposed representation of the Client. Attorney is not aware of any relationship with any other party interested in the subject matter of Attorney's services for Client under this Agreement. As long as Attorney's services for Client continue under this Agreement, Attorney will not agree to provide legal services for any such party without Client's prior written consent. 9. SETTLEMENT: Attorney will not settle Client's claim without the approval of Client, who will have the absolute right to acdept or reject any settlement. Attorney will notify Client promptly of the terms of any setligment offer received by Attorney. 10. ATTORNEY'S LIEN: A lien acts as security for payment due to Attorney by Client. This lien could delay payments to Client until any disputes over the amount to be paid to Attorney are resolved. Client hereby grants Attorney a lien for any sums due and owing to Attorney for fees and costs at the conclusion of Attorney’s services. The lien will attach to any recovery Client may obtain, whether by arbitration award, judgment, settlement or otherwise, in this matter. Client may seek the advice of any independent lawyer of the client’s choice about this lien and this matter. By initialing this provision and signing this agreement Client acknowledges that s/he has been so advised and given a reasonable opportunity to seek that advice. Explained, read and approved: initials) 11. DISCHARGE OF ATTORNEY: Client may discharge Attorney at any time by written notice effective when received by Attorney. Unless specifically agreed by Attorney and Client, Attorney will provide no further services and advance no further costs on Client's behalf after receipt of the notice. If Attorney is Client's attorney of record in any proceeding, Client will execute and return a Substitution of Attorney form immediately on its receipt from Attorney. Notwithstanding the discharge, Client will be obligated to pay Attorney out of the recovery a reasonable attorney's fee for all servicesprovided and to reimburse Attorney out of the recovery for all costs advanced. If there is no recovery, or the recovery is insufficient to reimburse Attorney in full for costs advanced, Attorney will bear the loss. 12. WITHDRAWAL OF ATTORNEY: Attorney may withdraw at any time as permitted under the Rules of Professional Conduct of the State Bar of California. The circumstances under which the Rules permit such withdrawal include, but are not limited to, the following: A. the Client consents; or B. the Client's conduct renders it unreasonably difficult for the Attorney to carry out the employment effectively. Notwithstanding Attorney's withdrawal, Client will be obligated to pay Attorney out of the recovery a reasonable attorney's fee for all services provided, and to reimburse Attorney out of the recovery for all costs advanced, before the withdrawal. If there is no recovery, or the recovery is insufficient to reimburse Attorney in full for costs advanced, Attorney will bear the loss. 13. BANKRUPTCY OF DEFENDANT: Attorney may withdraw upon receiving notice of the bankruptcy of any defendant. Client understands and acknowledges that Attorney will not proceed with any action on Client’s behalf where there is no or very little potential for recovery. 14. RELEASE OF CLIENT'S PAPERS AND PROPERTY: At the termination of services under this Agreement, Attorney will release promptly to Client, on request, all of Client's papers and property. "Client's papers and property" include correspondence, deposition transcripts, exhibits, experts’ reports, legal documents, physical evidence and other items reasonably necessary to Client's representation. whether Client has paid for them or not. 15. DISCLAIMER OF GUARANTY: Although Attorney may offer an opinion about possible results regarding the subject matter of this Agreement, Attorney cannot guarantee any particular result. Client acknowledges that Attorney has made no promises about the outcome and that any opinion offered by Attorney in the future will not constitute a guaranty. 16. TAXATION OF SETTLEMENT OR JUDGMENT PROCEEDS: Client acknowledges that Attorney has indicated its belief that the proceeds from a settlement or judgment are generally taxable, but has recommended Client seek advice from a tax expert regarding any tax implications related to the settlement of Client’s case, and that aAttorney has declined to provide any such advice to Client. Client hereby agrees to indemnify and hold Attorney harmless against any and all claims which may be asserted by a taxing authority against Client for taxes, jnterest or penalties resulting from the settlement of Client’s case. Client also acknowledges and agrees that Attorney shall have no obligation to defend Client in the event of any claim against Client related to this case brought by an tax enforcement authority. 17. ENTIRE AGREEMENT: This Agreement contains the entire Agreement of the parties. No other agreement, statement or promise made on or before the effective date of this Agreement will be binding on the parties. 18. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY: If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. 19. MODIFICATION BY SUBSEQUENT AGREEMENT: This Agreement may be modified by subsequent agreement of the paitie’s only by an instrument in writing signed by both of them or an oral agreement to the extent that the parties carry it out. 20. ARBITRATION OF FEE DISPUTE: Any dispute between Client and Attorney or any claim between Client and Attorney, relating in any manner to Attorney’s representation of Client or services rendered to ‘Client or on Client’s behalf, which cannot be resolved between Client and Attorney, shall be referred to binding arbitration. If Client agrees to this provision of this Retainer Agreement, Client will thereby waive any right Client may have to a trial by jury or to a judge as well as any rights to an appeal and formal discovery rights that parties to a lawsuit filed in court normally have, regarding any such dispute. Attorney urges Client to seek the advice of an independent attorney of Client’s choosing on this provision of this Retainer Agreement. In the unlikely event that either party institutes any such proceeding, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs in connection with the proceeding. Attorney does not expect that any such dispute will arise, but Attorney sets it forth as Attorney’s standard procedure. Attorney looks forward'to.a wholly amicable relationship. 21. ATTORNEY'S FEES AND COSTS IN ACTION ON AGREEMENT: The prevailing party in any action or proceeding to enforce any provision of this Agreement will be awarded reasonable attorney's fees and costs incurred in that action or proceeding or in efforts to negotiate the matter. 1 oy22. ATTORNEYS' INSURANCE: Attomey maintains errors and omissions insurance coverage applicable to the services to be rendered. 23. EFFECTIVE DATE OF AGREEMENT: The effective date of this Agreement will be the date when, having been executed by Client, one copy of the Agreement is received by Attorney. The foregoing is agreed to by: DATED: CLIENT: WINER, BURRITT & SCOTT, LLP THE TILLIS LAW FIRM DATED: . DATED: By: By: (Attorney) (Attorney) I further agree to promptly advise Attorney of any change in my contact information or if I will be traveling or otherwise unavailable for a period of more than two weeks. DATED: CLIENT: ELECTION TO PAY COSTS Lelect to pay the costs in this case in the following manner: (PLEASE CHECK ONE OF THE FOLLOWING) t] Pay the amount immediately. {] Pay the interest only each month as billed. [X] Pay nothing now but pay both principal and interest upon the completion of my case or as soon as I wish. DATED: CLIENT:ATTACHMENT AWINER, McKENNA & BURRITT, LL? Lake Merritt Plaza 1999 Harrison Street, Suite 600 Oakland, California 94612 T: (510) 433-1000 F: (510) 433-1001 LEGAL SERVICES AGREEMENT -- EMPLOYMENT CASE 1. IDENTIFICATION OF PARTIES: This Agreement, executed in duplicate with each party receiving an executed original, is made between WINER, McKENNA & RITT, LLP, hereinafter referred to as “Attorney," and tie seh Q@ van oe , hereinafter referred to as "Client." | This Agreement is required by Business and Professions Code section 6147 and is intended to fulfill the requirements of that Section, 2. LEGAL SERVICES TO BE PROVIDED: The legal services to be provided by Attorney to Client are as follows: Representa! jient, with respect to his/her claim for damages as they relate to employment a! PAN _ 3. LEGAL SERVICES SPECIFICALLY EXCLUDED: Legal services that are not to be provided by Attorney under this Agreement specifically include, but are not limited to, the following: Representation with respect to: A. any dispute with a medical care provider about amounts owed by Client for services received; or . B. any appeal in which Client is an appellant or respondent from a court judgment on Client's claim. Cc. any declaratory relief action brought by defendant's insurance company to avoid paying for a defense of the defendant or to avoid paying plaintiff's claim. Any bad faith or coverage action against defendant's insurance company. If Client wishes that Attorney provide any legal Services not to be provided under this Agreement, a separate written agreement betweéh Attorney and Client will be required. 4. RESPONSIBILITIES OF ATTORNEY AND CLIENT: Attorney will perform the legal services called for under this Agreement, keep Client informed of important progress and developments and respond to Client's inquiries and communications. Client will be truthful and cooperative with Attorney and keep Attorney reasonably informed ofdevelopments and of Client's address, telephone number and whereabouts. Attorney specifically states that any failure on the part of client to be truthful, cooperative, or to keep Attorney continually updated. with new contact information may, at the discretion of Attorney, result in the withdrawal of the Attorney. 5. ATTORNEY'S FEES; The amount Attomey will receive for attorney's fees for the legal services to be provided under this Agreement will be a Jien of: A 40% of the gross recovery. "Gross recovery" means the total amount of money received (whether by settlement, arbitration award, mediation award, status conference, court judgment or court order) without reduction for "costs" as defined in paragraph 7 of this Agreement. This includes a statutory attorney fee award. If fees are awarded by the court, the Attomey shall have the option of accepting the fee award in lieu of the 40% fee stated above. Further, in computing the contingency fee,.in the event a benefit or benefits other than money is a part of the recovery, you and: Attoineys shall make a good faith effort to determine the monetary value of such benefit; and that value will be added to the “gross recovery.” The contingency fee shall be payable t to, the Attorneys in full upon the first monies paid in recovery. Client is informed thal attorney’s fees and costs are on occasion awarded as monetary sanctions by the Court or Arbitrator pursuant to various scctions of the various California Codes. Client agrees that, in the event Attorney obtains such an award of attorney’s fees and/or costs against any of the defendants and/or their attorneys, such fees and/or costs will be considered extraordinary fees earned by Attorney and will belong entirely to Attorney, Client also understands that the Court or Arbitrator may also make such an award against Client. If'so, payment of such an award is Client’s responsibility. If Attorney elects to advance this amount for Client, Client understands that he or she will be responsible for reimbursing said amount to Attorney out of any settlement, verdict, or award. If this case is one in which a statute provides for attorney’s fees, Client understands and/or agrees that Attorneys can, at their election, choose either the amount awarded as attorney’s fees or, in the alternative, they can combine that with any settlement or judgment and take the percentage set out above from this new total, i.e. the settlement/judgment plus any award of costs and/or attorney's fees. Atlomeys must choose either to take the attorncy’s fees and cats as payment or to include them in the total recovery fiom which they may take their contingency fee as set forth above. They cannot take both the attorney’s fees awarded by the court or by settlement agreement and acontingency fee from the settlement or judgment. This includes an award for sanctions.If payment of all or any part of the amount to be received will be deferred (such as in the case of an annuity, a structured settlement or periadic payments), the “total amount received," for purposes of calculating the attomey's fees, will be the initial lump sum payment plus the present value, as of the time of the settlement, final arbitration award, mediation award or final judgment, of the payments.to be received thereafter. The attorney's fees will be paid out of the initial Limp sum payment, If the payment is insufficient to pay the attorney's fees in full, tte balance will be paid from subsequent payments of the recovery before any distribution to Client. Client is informed that this attorney's fee is not set by law but rather is negotiable between the Attorney and the Client. If there is no recovery, Attorney will receive no attorney's fees. 6. DIVISION OF ATTORNEY'S FEES: Attorney will divide the attorney's fees received for the legal services rendered undei this Agreement with The terms of the division are as follows: Attorney will pay to __ % of all attorney's fees received. Client is informed that, under the Rules of Professional Conduct of the State Bar of California, such a division may be made only with the Client's written consent after a full disclosure to the Client in writing that a division of fees will be made and of the terms of'such division. Client hereby expressly consents to the division. ‘ I i 7. COSIS: Attorney will advance all "costs" in connection with Attorney's representation of Client under this Agreement. Attorney will be reimbursed out of the recovery after fees to Attorney are deducted. If there is no recovery, or if the recovery is insufficient to reimburse Attorney in full for costs advanced, Attorney will bear the loss. Costs include, but are not limited to: court filing’fees, deposition costs, deposition summary fees, expert fees and expenses, reasonable costs of outside paralegal, legal assistants and contract attorneys as necessaiy to assist Attorney in litigation, investigation costs, long distance telephone charges, messenger service fees, photocopying expenses, necessary travel expenses and process servér fees. Items that are not to be considered costs, and that must be paid by Client without being either advanced or contributed to by Attorney include, but are not limited to: Client's medical expenses and other parties' costs, if any, that Client is ultimately required to pay. Client assumes the responsibility of payment of court costs awarded to defendant. Attorney may borrow funds to pay the costs ag,incurred, and it is understood that both the principal amounts borrowed and the interest paid thereon for the costs will be deducted from any recovery to the client upon completion of the case.8. REPRESENTATION OF ADVERSE INTERESTS: Client is informed that the Rules of Professional Conduct of the State Bar of California require Client's informed written consent before Attorney may begin or continue to represent Client when the Attorney has or had a relationship with another party interested in the subject matter of the Attorney's proposed representation of the Client. Attorney is not aware of any relationship with any other party interested in the subject matter of Attorney's services for Client under this Agreement. As long as Attorney's services for Client continue under this Agreement, Attorney will not agree to provide legal services for any such party without Client's prior written consent. 9. SETTLEMENT: Attorney will not settle Client's claim without the approval of Client, who will have the absolute right to accept dr reject any settlement. Attorney will notify Client promptly of the terms of any settlement offer received by Attorney. ('S LEN: A lien acts.as security for payment due to Aitorney by Client. This lien could delay payments to Client until any disputes over the amount to be paid to Attomey are resolved. Client hereby grants Attorney a lien for any sums due and owing to Attorney for fees and costs at the conclusion of Attorney’s services, he ‘The lien will attach to any recovery Client may obtain, whether by arbitration award, judgment, settlement or otherwise, in this matter; ‘Client may seck the advice of any independent lawyer of the client’s choice abotit'this lien and this matter. By initialing this provision and signing this agreement Client atknowledges that s/he has been so advised and given a reasonable opportunity to seek that advice, Explained, read and approved: (Client’s initials) 11. DISCHARGE. OF ATTORNEY: Client.may discharge Attorney at any time by written notice effective when received by Attorney. Uniess specifically agreed by Attorney and Client, Attorney will provide ne further services and advance no further costs on Client's behalf after receipt of the notige. ff Attorney is Client's attorney of record in any proceeding, Client will execute.and retum a Substitution of Attorney form immediately on its receipt from Attorney. Notwithstanding the discharge, Client will be obligated to pay Attorney out of the recovery onable attorney's fee for all services provided and to reimburse Attorney out of the,re¢overy for all costs advanced, If there is no recovery, or the recovery is insbfficient to reiiburse Attorney in full for costs advanced, Attorney will bear the loss, ,12. WITHDRAWAL OF ATTORNEY: Attorney may withdraw at any time as permitted under the Rules of Professional Conduct of the State Bar of California. The circumstances under which the Rules permit such withdrawal include, but are not limited to, the following: A. the Client consents; or B. the Client's conduct renders it unreasonably difficult for the Attorney to carry out the employment effectively. Notwithstanding Atiomey's withdrawal, Client will be obligated to pay Attorney out of the recovery a reasonable attorney's fee for all services provided, and to reimburse Attomey out of the recovery for all costs advanced, before the withdrawal. If there is no recovery, or the recovery is insufficient to reimburse Attomey in full for costs advanced, Attomey will bear the loss. 13. RELEASE OF CLIENT'S PAPERS AND PROPERTY: At the termination of services under this Agreement, Attorney will release promptly to Client, on request, all of Client's papers and property. "Client's papers ‘and property" include correspondence, deposition transcripts, exhibits, experts' reports, legal documents, physical evidence and other items reasonably necessary to Client's répresentation, whether Client has paid for them or not. . 14, DISCLAIMER OF GUARANTY: Although Attorney may offer an opinion about possible results regarding the subject matter of this Agreement, Attorney cannot guarantee any patticular result. Client acknowledges that Attorney has made no promises about the outcome and that any opinion offered by Altorney in the future will not constitute a guaranty. 15, TAXATION OF SETTLEMENT OR JUDGMENT PROCEEDS: Client acknowledges that Attorney has indicated its belief that the proceeds from a settlement or judgment are generally taxable, but has recommended Client seek advice from a tax expert regarding any tax implications related to the settlement of Client’s case, and that Attorney has declined to provide any such advice to Client, Client hereby agrees to indemnify and hold Attorney harmless against any and all claims which may be asserted by a taxing authority against Client for taxes, interest or penalties resulting from the settlement of Client’s case. Client also acknowledges and agrees that Attorney shall have no obligation to defend Client in the event of any claim against Client related to this case brought by an tax enforcement authority. 16. ENTIRE AGREEMENT: This Agreement contains the entire Agreement of the parties. No other agreement, statement or promise made on or before the effective date of this Agreement will be binding on the parties.17. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY: If any provision of this Agreement is held in whole or in part (o be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. 18. MODIFICATION BY SUBSEQUENT AGREEMENT: This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them or an oral agreement to the extent that the parties carry it out, 19. ARBITRATION OF FEE DISPUTE: Any dispute between Client and Attorney or any claim between Client and Attomey, relating in any manner to Attomey’s representation of Client or services rendered to Client or on Client’s behalf, which cannot be resolved between Client and Attorney, shall be referred to binding arbitration. If Client agrees to this provision of this Retainer Agreement, Client will thereby waive any right Client may have to a trial by jury or to a judge as well as any rights to an appeal and formal discovery rights that parties to a lawsuit filed in court normally have, regarding any such dispute. Attorney urges Client to seek the advice of an independent attorney of Client’s choosing on this provision of this Retainer Agreement. In the unlikely event that either party institutes any such proceeding, the prevailing party shall be entitled to Tecover reasonable attomcy’s fees and costs in connection with the proceeding. Attorney does not expect that any such dispute will arise, but Attorney sets it forth as Attorney’s standard procedure. Attorney looks forward to.qwholly amicable relationship. 20. ATTORNEY'S FEES AND COSTS IN ACTION ON AGREEMENT: The prevailing party in any action or proceeding to enforce any provision of this Agreement will be awarded reasonable attorney's fees and costs incurred in that action or proceeding or in efforts to negotiate the matter. fi 21. ATTORNEYS' INSURANCE: Attomey maintains errors and omissions insurance coverage applicable to the services to be rendered. 22. BREECTIVE DATE OF AGREEMENT: ‘The effective date of this Agreement will be the date when, having been executed by Client, one copy of the Agreement is received by Attorney. HW i 4The foregoing is agreed to by: CLIENT: SSAs oy © AA | WINER, McKENNA & BURRITT, LLP T further agree’fo promptly advise Attorney of any. change in my contact information or if I will be trav¢}ing or otherwise unavailable for a period of more than two weeks. DATED: & % . \ CLIENT: SESSA yy CO iN ELECTION TO PAY COSTS wp Iclect fo pay the-costs in this case in the following manner: PLEASE CHECK ONE OF THE FOLLOWING) {1 Pay the amount immediately. 4 {] Pay the interest only each month Pa billed. Me Pay nothing now but pay both principal and interest upon the. completion a of my case or as soon as I wish, DATED: A. 3 (ck CLIENT: SAU SAW DO A AeA peat Revised: 1/3/2017ATTACHMENT B40:57 AM Winer, Burritt & Scott, LLP 09/23/20 Customer Open Balance Accrual Basis All Transactions Date Num Memo Amount Balance Qana, Husam 07/05/2017 1079 Dr, Winkel 7,500.00 7,600.00 02/01/2018 21692 | Hr Delivery 116.64 7,816.64 08/31/2018 11005 1siLegal (844,51 8.461.415 09/07/2018 22224 SF SupCt 150.00 8,611.15 11/29/2018 «1315 ADR: 1,900.00 10,511.15 11/30/2018 11005 ist Legal 23.00 10,634.15 12/4/2018 22456 GS Overnight 22,07 10,556.22 12/26/2018 22493 Fine & Assoc 2,650.70 13,206.92 01/31/2019 11005. ist Legal 27.00 43,233.92 02/11/2019 11006 SDT Travel 2/8 40.00 13,273.92 0245/2019 22592 Depo Summaries : 369.00 13,642.92 03/01/2019 22638 GS Ovemight 30.70 13,673.62 03/11/2019 22654 1 Hr Delivery 102.40 13,776.02 03/31/2019 Lexis Research 119,49 13,895.51 04/22/2019 22765 US Legal 532.64 146,428.15, 08/28/2019 22832 Robert Johnson &A... 6,300.06 20,728.15 06/20/2019 22896 GS Ovemight 8.52 20,736.67 08/16/2019 22986 US Legal Support 938.55 21,675.22 08/31/2019 Lexis Research 192.96 21,868.18 09/13/2019 23062, 1 Hr Delivery yp 95.20 21,963.38 09/30/2019 Lexis Research . 141.83 22,105.21 10/15/2019 23118 Depa Summaries 600.75 22,705.96 10/15/2019 23138 1 Hr Delivery 64.96 22,770.92 10/15/2019 11005 1st Legal 252.50 (23,023.42 10/31/2019 11005 1stLegal 88.00 23,111.42 1101/2019 23167 GS Ovemight 8.50 23,119.92 41/04/2019 23175 US Legal Support 419.10 23,539.02 11/15/2019 11005 ‘1st Legal. 27.00 23,566.02 12/18/2019 23284 Depo Summaries 119.25 23,685.27 12/18/2019 23474. Certified Reporting 993.25 (24,678.52 12/23/2019 6617 Barkley Ct Reporters 2,147.10 26,825.62 12/23/2019 6177 Barkley Reporters 726.50 27,561.12 42/31/2019 3724 Certified Reporting 2,544.27 30,095.39 12/31/2019 3724 ~— Certified Reporting 412.85 30,508.24 02/29/2020 CoiPo 866.90 31,378.14 02/29/2020 11005 1st Legal 95.38 31,470.52 03/02/2020 23454 Depo Summaries « 193.50 31,664.02 03/23/2020 23512 GSO Overnight. 9.62 31,673.64 04/14/2020 3562. Rev.com 94,25 34,767.89 05/22/2020 6617 Certified Reporting 1,140.90 32,908.79 05/22/2020 6617 Certified Reporting 1,320.35 34,229.14 08/04/2020 23697 Robert Johnson 1,854.50 36,083.64 06/10/2020 3562 CouftCall 94.00 36,177.64 08/05/2020 23837 Fine & Assoc 1,215.10 37,392.74 09/23/2020 Interest 7, 5 45,033.19 Total Qana, Husam 45,033.19 TOTAL, 45,033.19 45,033.19 Page 4