Preview
Solan, Park &
Robello
oD Oem ND NH FB WN
Sheila K. Robello, Esq. (SBN 209300)
Elizabeth M. Button, Esq. (SBN 315294)
SOLAN, PARK & ROBELLO ELECTRONICALLY
354 Pine Street, 7" Floor FILED
San Francisco, California 94104 Superior Couct of Californi
Tel.: (415) 777-3300 ‘County of San Francisco.”
Fax: (41 T71-
ax: (415) 777-3301 07/24/2019
Attorneys for the Successor Trustee, orn enaneison
Leo F. Bautista Deputy Clerk
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
In Re: CASE NO. PTR - 12- 296124
San Lee and Mui Chow Lee
Revocable Trust Dated March 24, 1995, as
Amended December 22, 2004
)
)
) EX PARTE APPLICATION FOR AN
) ORDER AUTHORIZING
) ADMINISTRATOR TO RETAIN
) LITIGATION ATTORNEY
)
)
)
)
)
)
[San Francisco Local Rules 14.14J]
Time: Ex Parte
Dept.: Probate, Room 202
Petitioner Leo F. Bautista (“Petitioner”), as Trustee of the San Lee and Mui Chow
Lee Revocable Trust dated March 24, 1995, as Amended December 22, 2004,
respectfully submits this ex parte application for an order authorizing him to retain a
litigation attorney. In support of this petition, Petitioner respectfully alleges as follows:
1. History of Proceedings. San Lee and Mui Chow Lee, husband and wife, executed the San
Lee and Mui Chow Lee Revocable trust on March 24, 1995. The Trust was subsequently amended
five times with the last amendment revoking the four prior amendments and setting forth new
provisions.
(A) San Lee died on October 4, 1996. Mui Chow Lee died on November 25, 2009. The
settlors’ niece Crystal Chow was named as the successor trustee of the Trust and served in that role
from January 2010 until her resignation effective February 29, 2012. The second named successor
EX PARTE APPLICATION FOR AN ORDER AUTHORIZING ADMINISTRATOR TO RETAIN LITIGATION ATTORNEY PTR-12-
296124Solan, Park &
Robello
Co ON DH BF WY
bb NY Ye NY NY NY NY NY WY _ =
eranwsk BRFSS ERSDTDADBREBRES
trustee, Jeanette Lau St. Onge, neither declined to serve nor take the role of successor trustee thereby
causing a vacancy in the office of trustee.
(B) Subsequently, after more than eight months from the date Ms. Chow resigned, Petitioner
petitioned this court to assume the role of successor trustee. On December 13, 2012, by order of this
court, Petitioner was appointed successor trustee of the Trust. At all times since, Petitioner has been
and is currently the successor trustee of the Trust.
2. Dispute. A dispute has arisen between the trustee and the beneficiaries of the trust
in regards to the architectural plans of the property that trustee oversees. Although, trustee
has tried to resolve this issue amicably, litigation has been brought forth from the
beneficiaries. Since Solan, Park, & Robello do not specialize in Architectural &
Construction litigation it is in our clients best interest to retain the services of an attorney
who specializes in these matters to protect the trustee and the beneficiaries of the trust.
3. Retention Of Litigation Attorney. Petitioner believes it is necessary to retain
the services of an attorney who specializes in litigation and, more particularly, has
experience addressing Architectural/ Construction based issues. This attorney will advise
Petitioner as to his rights and responsibilities as trustee in regards to trustee’s property,
provide necessary notices to all interested parties, advise Petitioner on his rights and the
procedures regarding the reconstruction of the property at issue, and represent Petitioner
in any proceedings, and/or other actions that may arise in regards to the property pending
in Alameda. He will also represent the trustee in pending civil litigation brought by the
architect in this matter.
Petitioner seeks to retain Ken Valinoti Esq. to assist with the evaluation and
addressing of any issues. Ken Valinoti is an attorney specializing in Architectural &
Construction law in San Francisco. He has agreed to represent Petitioner in this matter.
Mr. Valinoti rate is $350 per hour and he has requested a $5,000.00 retainer. Attached
hereto as Exhibit A is a true and correct copy of the fee agreement.
Petitioner believes that it is in the best interest of the trust to retain Mr. Valinoti in
order to deal with any present and future Architectural & Construction issues that may
EX PARTE APPLICATION FOR AN ORDER AUTHORIZING ADMINISTRATOR TO RETAIN LITIGATION ATTORNEY PTR.-
296124 -Solan, Park &
Robello
Co mnt Dun FF WwW bw
10
arise. The retention of Mr. Valinoti would be a prudent, proactive decision to avoid any
potential liability of the trust that could arise in addressing the Architectural &
Construction issues.
Petitioner requests authority to pay Mr. Valinoti in an amount up to $10,000.00 for
his services to the trust. These fees will be paid according to the monthly invoices
submitted to and duly reviewed by Petitioner. Should additional legal work be required
beyond the requested amount, Petitioner will submit an additional ex parte application to
the Court.
4. Potential Conflict Of Interest Fully Disclosed. Please note Shannon Hardin
serves as of counsel to Solan Park & Robello and is married to Ken Valinoti. Shannon
also has an independent Estate Plan practice under Hardin Law. Mr. Valinoti is a partner
in Speckles, Vakinoti, & Ditto and practices in a completely separate area of law.
5. Special Notice. There have been no requests for special notice in these
proceedings. Ex parte notice will be provided as required by law.
WHEREFORE, Petitioner prays for an order:
1. That no further or other notice of this ex parte application be
required;
2. Authorizing Leo F. Bautista, as Trustee of the San Lee and Mui
Chow Lee Revocable Trust dated March 24, 1995, as Amended December 22, 2004, to
retain Ken Valinoti Esq. and to pay for his services as litigation attorney an amount not to
exceed $10,000, including payment of a $5,000.00 retainer;
3.Authorizing Leo F. Bautista, as Administrator of the San Lee and Mui
Chow Lee Revocable Trust dated March 24, 1995, as Amended December 22, 2004, to
file a subsequent ex parte application to the Court should the services of Ken Valinoti
Esq. exceed $10,000; and
///T1
///1
EX PARTE APPLICATION FOR AN ORDER AUTHORIZING ADMINISTRATOR TO RETAIN LITIGATION ATTORNEY PTR-|
296124 “oF4. For such other and further orders as the Court deems proper under
the circumstances.
Respectfully submitted,
SOLAN, PARK & ROBELLO
Dated: July 22019. Agile KRL“L
eila K. Robello, Attorneys for
Leo F. Bautista, Trustee
om ND NH BF WW
NY N NY NY YY NY N NY NY HY & _ — _
Solan, Park & EX PARTE APPLICATION FOR AN ORDER AUTHORIZING ADMINISTRATOR TO RETAIN LITIGATION ATTORNEY PIR
Robello 296124 -olan, Park &
tobello
VERIFICATION
I, Leo F. Bautista, am the Administrator of the San Lee and Mui Chow Lee
Revocable Trust dated March 24, 1995, as Amended December 22, 2004. I have read the
foregoing EX PARTE APPLICATION FOR AN ORDER AUTHORIZING
ADMINISTRATOR TO RETAIN LITIGATION ATTORNEY and know its contents.
The matters stated therein are true of my own knowledge, save and except those matters
stated on information and belief and, as to those matters, I believe them to be true.
I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.
EX PARTE APPLICATION FOR AN ORDER AUTHORIZING ADMINISTRATOR TO RETAIN LITIGATION ATTORNEY FIRE.
296124 -~O-File No.: 19-07-03
Client: Leo Bautista, as successor trustee of the San Lee and Mui Chow Lee Revocable
Trust dated March 24, 1995, as amended December 22, 2004
Date: July 18, 2019
ATTORNEY-CLIENT FEE CONTRACT
(Hourly)
VALINOTI, SPECTER & DITO, LLP (“Attorney”) and LEO BAUTISTA, AS SUCCESSOR
TRUSTEE OF THE SAN LEE AND MUI CHOW LEE REVOCABLE TRUST DATED MARCH 24, 1995, AS
AMENDED DECEMBER 22, 2004 (“Client”) hereby agree that Attorney will provide legal services to
Client on the terms set forth below.
1. CONDITIONS. This Agreement will not take effect and Attorney will have no obligation to
provide legal services until Client returns to Attorney a signed copy of this Agreement.
2. SCOPE OF SERVICES. Client is hiring Attorney to defend that certain litigation pending
against Client in the Superior Court for the City and County of San Francisco and identified as civil
action no.: CGC-19-575572. Unless Attorney and Client make a different agreement in writing, this
Agreement will govern all future services Attorney may perform for Client.
3; CLIENT'S DUTIES. Client agree to be truthful with Attorney, to cooperate, to keep Attorney
informed of developments, to abide by this Agreement, to pay Attorney’s bills on time and to keep
Attorney advised of Client's address, telephone number and whereabouts. Client will assist
Attorney by timely providing necessary information and documents. Client agrees to appear at all
legal proceedings when Attorney deems it necessary, and generally to cooperate fully with Attorney
in all matters related to the preparation and presentation of Client’s claims.
4, DEPOSIT. Client agrees to pay Attorney an initial deposit of $0.00 which will be deemed an
advance deposit for fees and costs to be incurred in this matter. The hourly charges and costs will
be charged against the Deposit. The initial Deposit, as well as any future deposits, will be held in
Attorney’s Client Trust Account. Client authorizes Attorney to use that deposit to pay the fees and
other charges. Client acknowledges that the deposit is not an estimate of total fees and costs to be
charged by Attorney, but merely an advance.
5. LEGAL FEES AND BILLING PRACTICES. Client agrees to pay by the hour for time spent on
Client's matter by Attorney. Attorney’s current hourly rate is $350.00. The rate is subject to change
on 30 days written notice to Client. If Client declines to pay increased rates, Attorney will have the
right to withdraw as attorney for Client if permitted under the Rules of Professional Conduct of the
State Bar of California and/or applicable law. The time charged will include, but is not limited to,
the time Attorney spends on telephone calls, e-mails and other electronic communications relating
to Client's matter, including calls and e-mails with Client, witnesses, opposing counsel, court
personnel or other persons.
6. COSTS AND OTHER CHARGES.
EXHIBIT
4
‘tabbies*(a) In General Attorney will incur various costs and expenses in performing legal services
under this Agreement. Client agrees to pay for those costs and expenses in addition to the hourly
fees. The costs and expenses commonly include process servers’ fees, fees fixed by law or assessed
by courts and other agencies, court reporters’ fees, long distance telephone calls, messenger and
other delivery fees, postage, parking and other local travel expenses, photocopying (at $.15 per
copy) and other reproduction costs, charges for computer assisted legal research and other similar
items. All costs and expenses will be charged at Attorney's cost.
(b) Out of Town Travel - Intentionally omitted.
(c) Experts, Consultants and Investigators - To aid in the preparation or presentation of
Client's case, it may become necessary to hire expert witnesses, consultants or investigators. Client
agrees to pay such fees and charges. Attorney will select any expert witnesses, consultants or
investigators to be hired, and Client will be informed of persons chosen and their charges.
7. BILLING STATEMENTS. Attorney will send Client monthly bills for fees and costs incurred.
Each bill will be payable within 20 days of its mailing date. Bills for the fee portion of the bill will
include the amount, rate, basis for calculation, or other method of determination of the Attorney’s
fees. Bills for the cost and expense portion of the bill will clearly identify the costs and expenses
incurred and the amount of the costs and expenses. Client agrees to promptly review all bills
rendered by Attorney and to promptly communicate any objections, questions, or concerns about
their contents.
8. DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any time. Attorney
may withdraw with Client's consent or for good cause or if permitted under the Rules of
Professional Conduct of the State Bar of California and/or applicable law. Among the circumstances
under which Attorney may withdraw are: (a) with the consent of Client; (b) Client’s conduct
renders it unreasonably difficult for the Attorney to carry out the employment effectively; and/or
(c) Client fails to pay Attorney’s fees or costs as required by this Agreement. Notwithstanding the
discharge, Client will remain obligated to pay Attorney at the agreed rates for all services provided
and to reimburse Attorney for all costs advanced.
9. DISCLAIMER OF GUARANTEE. Nothing in this Agreement and nothing in Attorney's
statements to Client will be construed as a promise or guarantee about the outcome of Client’s
matter. Attorney makes no such promises or guarantees. Attorney's comments about the outcome
of Client's matter are expressions of opinion only.
10. RELEASE OF CLIENTS' PAPERS AND PROPERTY. At the termination of services under this
Agreement, Attorney will release to Client on request all of Client's papers and property. "Client’s
papers and property" include correspondence, legal documents, physical evidence, and other items
reasonably necessary for Client's representation, whether Client has paid for them or not. Attorney
may destroy all papers and property not previously requested by Client.
11, 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.12. 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.
13. 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.
14, EFFECTIVE DATE. This Agreement will govern all legal services performed by Attorney on
behalf of Client commencing with the date Attorney first performed services. The date at the
beginning of this Agreement is for reference only. Even if this Agreement does not take effect,
Client will be obligated to pay Attorney the reasonable value of any services Attorney may have
performed for Client.
CLIENT: ATTORNEY:
LEO BAUTISTA, AS SUCCESSOR TRUSTEE VALINOTI, SPECTER & DITO, LLP
By: By:
Name: Leo Bautista, Successor Trustee Kenneth L. Valinoti, Esq.
555 Montgomery Street, Suite 605
Address: San Francisco, California 94111
Telephone: Telephone: (415) 986-1338 (ext. 135)
Facsimile: Facsimile: (650) 745-1126
Email: Email: kvalinoti@valinoti-dito.com
Preview
Solan, Park & Robello oD Oem ND NH FB WN Sheila K. Robello, Esq. (SBN 209300) Elizabeth M. Button, Esq. (SBN 315294) SOLAN, PARK & ROBELLO ELECTRONICALLY 354 Pine Street, 7" Floor FILED San Francisco, California 94104 Superior Couct of Californi Tel.: (415) 777-3300 ‘County of San Francisco.” Fax: (41 T71- ax: (415) 777-3301 07/24/2019 Attorneys for the Successor Trustee, orn enaneison Leo F. Bautista Deputy Clerk SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO In Re: CASE NO. PTR - 12- 296124 San Lee and Mui Chow Lee Revocable Trust Dated March 24, 1995, as Amended December 22, 2004 ) ) ) EX PARTE APPLICATION FOR AN ) ORDER AUTHORIZING ) ADMINISTRATOR TO RETAIN ) LITIGATION ATTORNEY ) ) ) ) ) ) [San Francisco Local Rules 14.14J] Time: Ex Parte Dept.: Probate, Room 202 Petitioner Leo F. Bautista (“Petitioner”), as Trustee of the San Lee and Mui Chow Lee Revocable Trust dated March 24, 1995, as Amended December 22, 2004, respectfully submits this ex parte application for an order authorizing him to retain a litigation attorney. In support of this petition, Petitioner respectfully alleges as follows: 1. History of Proceedings. San Lee and Mui Chow Lee, husband and wife, executed the San Lee and Mui Chow Lee Revocable trust on March 24, 1995. The Trust was subsequently amended five times with the last amendment revoking the four prior amendments and setting forth new provisions. (A) San Lee died on October 4, 1996. Mui Chow Lee died on November 25, 2009. The settlors’ niece Crystal Chow was named as the successor trustee of the Trust and served in that role from January 2010 until her resignation effective February 29, 2012. The second named successor EX PARTE APPLICATION FOR AN ORDER AUTHORIZING ADMINISTRATOR TO RETAIN LITIGATION ATTORNEY PTR-12- 296124Solan, Park & Robello Co ON DH BF WY bb NY Ye NY NY NY NY NY WY _ = eranwsk BRFSS ERSDTDADBREBRES trustee, Jeanette Lau St. Onge, neither declined to serve nor take the role of successor trustee thereby causing a vacancy in the office of trustee. (B) Subsequently, after more than eight months from the date Ms. Chow resigned, Petitioner petitioned this court to assume the role of successor trustee. On December 13, 2012, by order of this court, Petitioner was appointed successor trustee of the Trust. At all times since, Petitioner has been and is currently the successor trustee of the Trust. 2. Dispute. A dispute has arisen between the trustee and the beneficiaries of the trust in regards to the architectural plans of the property that trustee oversees. Although, trustee has tried to resolve this issue amicably, litigation has been brought forth from the beneficiaries. Since Solan, Park, & Robello do not specialize in Architectural & Construction litigation it is in our clients best interest to retain the services of an attorney who specializes in these matters to protect the trustee and the beneficiaries of the trust. 3. Retention Of Litigation Attorney. Petitioner believes it is necessary to retain the services of an attorney who specializes in litigation and, more particularly, has experience addressing Architectural/ Construction based issues. This attorney will advise Petitioner as to his rights and responsibilities as trustee in regards to trustee’s property, provide necessary notices to all interested parties, advise Petitioner on his rights and the procedures regarding the reconstruction of the property at issue, and represent Petitioner in any proceedings, and/or other actions that may arise in regards to the property pending in Alameda. He will also represent the trustee in pending civil litigation brought by the architect in this matter. Petitioner seeks to retain Ken Valinoti Esq. to assist with the evaluation and addressing of any issues. Ken Valinoti is an attorney specializing in Architectural & Construction law in San Francisco. He has agreed to represent Petitioner in this matter. Mr. Valinoti rate is $350 per hour and he has requested a $5,000.00 retainer. Attached hereto as Exhibit A is a true and correct copy of the fee agreement. Petitioner believes that it is in the best interest of the trust to retain Mr. Valinoti in order to deal with any present and future Architectural & Construction issues that may EX PARTE APPLICATION FOR AN ORDER AUTHORIZING ADMINISTRATOR TO RETAIN LITIGATION ATTORNEY PTR.- 296124 -Solan, Park & Robello Co mnt Dun FF WwW bw 10 arise. The retention of Mr. Valinoti would be a prudent, proactive decision to avoid any potential liability of the trust that could arise in addressing the Architectural & Construction issues. Petitioner requests authority to pay Mr. Valinoti in an amount up to $10,000.00 for his services to the trust. These fees will be paid according to the monthly invoices submitted to and duly reviewed by Petitioner. Should additional legal work be required beyond the requested amount, Petitioner will submit an additional ex parte application to the Court. 4. Potential Conflict Of Interest Fully Disclosed. Please note Shannon Hardin serves as of counsel to Solan Park & Robello and is married to Ken Valinoti. Shannon also has an independent Estate Plan practice under Hardin Law. Mr. Valinoti is a partner in Speckles, Vakinoti, & Ditto and practices in a completely separate area of law. 5. Special Notice. There have been no requests for special notice in these proceedings. Ex parte notice will be provided as required by law. WHEREFORE, Petitioner prays for an order: 1. That no further or other notice of this ex parte application be required; 2. Authorizing Leo F. Bautista, as Trustee of the San Lee and Mui Chow Lee Revocable Trust dated March 24, 1995, as Amended December 22, 2004, to retain Ken Valinoti Esq. and to pay for his services as litigation attorney an amount not to exceed $10,000, including payment of a $5,000.00 retainer; 3.Authorizing Leo F. Bautista, as Administrator of the San Lee and Mui Chow Lee Revocable Trust dated March 24, 1995, as Amended December 22, 2004, to file a subsequent ex parte application to the Court should the services of Ken Valinoti Esq. exceed $10,000; and ///T1 ///1 EX PARTE APPLICATION FOR AN ORDER AUTHORIZING ADMINISTRATOR TO RETAIN LITIGATION ATTORNEY PTR-| 296124 “oF4. For such other and further orders as the Court deems proper under the circumstances. Respectfully submitted, SOLAN, PARK & ROBELLO Dated: July 22019. Agile KRL“L eila K. Robello, Attorneys for Leo F. Bautista, Trustee om ND NH BF WW NY N NY NY YY NY N NY NY HY & _ — _ Solan, Park & EX PARTE APPLICATION FOR AN ORDER AUTHORIZING ADMINISTRATOR TO RETAIN LITIGATION ATTORNEY PIR Robello 296124 -olan, Park & tobello VERIFICATION I, Leo F. Bautista, am the Administrator of the San Lee and Mui Chow Lee Revocable Trust dated March 24, 1995, as Amended December 22, 2004. I have read the foregoing EX PARTE APPLICATION FOR AN ORDER AUTHORIZING ADMINISTRATOR TO RETAIN LITIGATION ATTORNEY and know its contents. The matters stated therein are true of my own knowledge, save and except those matters stated on information and belief and, as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. EX PARTE APPLICATION FOR AN ORDER AUTHORIZING ADMINISTRATOR TO RETAIN LITIGATION ATTORNEY FIRE. 296124 -~O-File No.: 19-07-03 Client: Leo Bautista, as successor trustee of the San Lee and Mui Chow Lee Revocable Trust dated March 24, 1995, as amended December 22, 2004 Date: July 18, 2019 ATTORNEY-CLIENT FEE CONTRACT (Hourly) VALINOTI, SPECTER & DITO, LLP (“Attorney”) and LEO BAUTISTA, AS SUCCESSOR TRUSTEE OF THE SAN LEE AND MUI CHOW LEE REVOCABLE TRUST DATED MARCH 24, 1995, AS AMENDED DECEMBER 22, 2004 (“Client”) hereby agree that Attorney will provide legal services to Client on the terms set forth below. 1. CONDITIONS. This Agreement will not take effect and Attorney will have no obligation to provide legal services until Client returns to Attorney a signed copy of this Agreement. 2. SCOPE OF SERVICES. Client is hiring Attorney to defend that certain litigation pending against Client in the Superior Court for the City and County of San Francisco and identified as civil action no.: CGC-19-575572. Unless Attorney and Client make a different agreement in writing, this Agreement will govern all future services Attorney may perform for Client. 3; CLIENT'S DUTIES. Client agree to be truthful with Attorney, to cooperate, to keep Attorney informed of developments, to abide by this Agreement, to pay Attorney’s bills on time and to keep Attorney advised of Client's address, telephone number and whereabouts. Client will assist Attorney by timely providing necessary information and documents. Client agrees to appear at all legal proceedings when Attorney deems it necessary, and generally to cooperate fully with Attorney in all matters related to the preparation and presentation of Client’s claims. 4, DEPOSIT. Client agrees to pay Attorney an initial deposit of $0.00 which will be deemed an advance deposit for fees and costs to be incurred in this matter. The hourly charges and costs will be charged against the Deposit. The initial Deposit, as well as any future deposits, will be held in Attorney’s Client Trust Account. Client authorizes Attorney to use that deposit to pay the fees and other charges. Client acknowledges that the deposit is not an estimate of total fees and costs to be charged by Attorney, but merely an advance. 5. LEGAL FEES AND BILLING PRACTICES. Client agrees to pay by the hour for time spent on Client's matter by Attorney. Attorney’s current hourly rate is $350.00. The rate is subject to change on 30 days written notice to Client. If Client declines to pay increased rates, Attorney will have the right to withdraw as attorney for Client if permitted under the Rules of Professional Conduct of the State Bar of California and/or applicable law. The time charged will include, but is not limited to, the time Attorney spends on telephone calls, e-mails and other electronic communications relating to Client's matter, including calls and e-mails with Client, witnesses, opposing counsel, court personnel or other persons. 6. COSTS AND OTHER CHARGES. EXHIBIT 4 ‘tabbies*(a) In General Attorney will incur various costs and expenses in performing legal services under this Agreement. Client agrees to pay for those costs and expenses in addition to the hourly fees. The costs and expenses commonly include process servers’ fees, fees fixed by law or assessed by courts and other agencies, court reporters’ fees, long distance telephone calls, messenger and other delivery fees, postage, parking and other local travel expenses, photocopying (at $.15 per copy) and other reproduction costs, charges for computer assisted legal research and other similar items. All costs and expenses will be charged at Attorney's cost. (b) Out of Town Travel - Intentionally omitted. (c) Experts, Consultants and Investigators - To aid in the preparation or presentation of Client's case, it may become necessary to hire expert witnesses, consultants or investigators. Client agrees to pay such fees and charges. Attorney will select any expert witnesses, consultants or investigators to be hired, and Client will be informed of persons chosen and their charges. 7. BILLING STATEMENTS. Attorney will send Client monthly bills for fees and costs incurred. Each bill will be payable within 20 days of its mailing date. Bills for the fee portion of the bill will include the amount, rate, basis for calculation, or other method of determination of the Attorney’s fees. Bills for the cost and expense portion of the bill will clearly identify the costs and expenses incurred and the amount of the costs and expenses. Client agrees to promptly review all bills rendered by Attorney and to promptly communicate any objections, questions, or concerns about their contents. 8. DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any time. Attorney may withdraw with Client's consent or for good cause or if permitted under the Rules of Professional Conduct of the State Bar of California and/or applicable law. Among the circumstances under which Attorney may withdraw are: (a) with the consent of Client; (b) Client’s conduct renders it unreasonably difficult for the Attorney to carry out the employment effectively; and/or (c) Client fails to pay Attorney’s fees or costs as required by this Agreement. Notwithstanding the discharge, Client will remain obligated to pay Attorney at the agreed rates for all services provided and to reimburse Attorney for all costs advanced. 9. DISCLAIMER OF GUARANTEE. Nothing in this Agreement and nothing in Attorney's statements to Client will be construed as a promise or guarantee about the outcome of Client’s matter. Attorney makes no such promises or guarantees. Attorney's comments about the outcome of Client's matter are expressions of opinion only. 10. RELEASE OF CLIENTS' PAPERS AND PROPERTY. At the termination of services under this Agreement, Attorney will release to Client on request all of Client's papers and property. "Client’s papers and property" include correspondence, legal documents, physical evidence, and other items reasonably necessary for Client's representation, whether Client has paid for them or not. Attorney may destroy all papers and property not previously requested by Client. 11, 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.12. 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. 13. 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. 14, EFFECTIVE DATE. This Agreement will govern all legal services performed by Attorney on behalf of Client commencing with the date Attorney first performed services. The date at the beginning of this Agreement is for reference only. Even if this Agreement does not take effect, Client will be obligated to pay Attorney the reasonable value of any services Attorney may have performed for Client. CLIENT: ATTORNEY: LEO BAUTISTA, AS SUCCESSOR TRUSTEE VALINOTI, SPECTER & DITO, LLP By: By: Name: Leo Bautista, Successor Trustee Kenneth L. Valinoti, Esq. 555 Montgomery Street, Suite 605 Address: San Francisco, California 94111 Telephone: Telephone: (415) 986-1338 (ext. 135) Facsimile: Facsimile: (650) 745-1126 Email: Email: kvalinoti@valinoti-dito.com