Preview
Electronically Filed Superior Court of CA County of Contra Costa 12/12/2022 12:42 PM By: K. Vaquerano, Deputy
1 MONICA Y. KIM (SBN 180139); myk@lnbyg.com
LEVENE, NEALE, BENDER, YOO & GOLUBCHIK L.L.P.
2 2818 La Cienega Ave.
3 Los Angeles, California 90034
Telephone: (310) 229-1234
4 Facsimile: (310) 229-1244
5 Attorneys for Timothy J. Yoo, Chapter 11 trustee of
Law Offices of Brian D. Witzer, Inc., Former Attorneys for Plaintiff
6
SUPERIOR COURT OF THE STATE OF CALIFORNIA
7
COUNTY OF CONTRA COSTA
8
9 PETER PURIFICATION, an individual, ) Case No. C19-02539
)
10 Plaintiff, )
11 v. ) NOTICE OF ATTORNEY’S
) CHARGING LIEN
12 MONSANTO COMPANY, et al, )
)
13 Defendants. )
)
14
)
15 )
)
16 )
)
17 )
)
18
)
19 )
)
20 )
)
21 )
22 )
)
23
TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
24
PLEASE TAKE NOTICE that the bankruptcy estate of The Law Offices of Brian D.
25
Witzer, Inc., debtor in bankruptcy case number 2:21-bk-12517-NB pending in the United States
26
Bankruptcy Court for the Central District of California, Los Angeles Division (“Debtor”), which
27
28
2
1 is or will have served as attorneys for Plaintiff herein, asserts a lien for fees and costs incurred in
2 the matter. Timothy J. Yoo is the Chapter 11 trustee of the Debtor’s bankruptcy estate.
3 PLEASE TAKE FURTHER NOTICE that any party, Plaintiff or Defendant(s), who or
4 which disregard the instant lien may be held liable to the Debtor’s bankruptcy estate for the full
5 amount thereof. Siciliano v. Fireman’s Fund Insurance Co. (1976) 62 Cal. App. 3d 745.
6 Moreover, an attorney who disregards the instant lien may violate their professional duties. See
7 e.g. Crooks v. State Bar (1970) 3 Cal. 3d 346, 355.
8 Any checks, drafts of other payment mechanism, for any attorneys’ fees or costs of both in
9 this matter shall bear the name of “Timothy J. Yoo, Chapter 11 Trustee for the Bankruptcy Estate
10 of Law Offices of Brian D. Witzer, Inc.” and any administrator or any settlement in this matter
11 shall be notified of the same.
12 Dated: December 1, 2022 LEVENE, NEALE, BENDER, YOO & GOLUBCHIK, L.L.P.
13 By: /s/ Monica Y. Kim
Monica Y. Kim
14 Attorneys for Timothy J. Yoo, Chapter 11 Trustee for the
15 Bankruptcy Estate of Law Offices of Brian D. Witzer, Inc.
16
17
18
19
20
21
22
23
24
25
26
27
28
3
1 PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
2
I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not
3 a party to the within action; my business address is: 2818 La Cienega Avenue, Los Angeles, California
90034.
4
On December 9, 2022, I served the foregoing document described as NOTICE OF ATTORNEY’S
5 CHARGING LIEN on all interested parties in this action by placing a true copy thereof, enclosed in a
sealed envelope, and addressed as follows:
6
Peter Purificacion
7 1263 135th Ave.
San Leandro, CA 94578
8
(X) BY MAIL. I caused such envelopes to be deposited in the mail at Los Angeles, California. I am
"readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under
9 that practice it would be deposited with U.S. postal service on the same day with postage thereon, fully
prepaid, at Los Angeles, California in the ordinary course of business. I am aware that on motion of party
10 served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1)
day after date of deposit for mailing in affidavit.
11
( ) BY FACSIMILE. I caused said document(s) to be transmitted via facsimile. The telephone
12 number of the sending facsimile machine was (310) 229-1244. The name(s) and facsimile machine
telephone number(s) of the person(s) served are set forth in the service list. A transmission report was
13 properly issued by the sending facsimile machine, and the transmission was reported as complete and
without error.
14
( ) BY OVERNIGHT DELIVERY SERVICE. I deposited such envelope for collection and delivery by FedEx
15 with delivery fees paid with ordinary business practices. I am “readily familiar” with the firm’s practice of collection and
processing packages for overnight delivery by FedEx. They are deposited on the same day at the FedEx Express
Drop Box.
16
( ) VIA ELECTRONIC MAIL. I transmitted a PDF version of this document(s) by electronic mail to the
17 party(s) identified on the attached service list using e-mail address(es) indicated, as per the universal agreement on e-
mail service of documents in this matter by and between the parties and all counsel in this matter
18
[X] (State) I declare under penalty of penalty of perjury under the laws of the State of
19 California that the above is true and correct.
20 Executed on this 9th day of December 2022 at Los Angeles, California.
21
____________________
22
Damon Woo
23
24
25
26
27
28
4
Preview
Electronically Filed Superior Court of CA County of Contra Costa 12/12/2022 12:42 PM By: K. Vaquerano, Deputy 1 MONICA Y. KIM (SBN 180139); myk@lnbyg.com LEVENE, NEALE, BENDER, YOO & GOLUBCHIK L.L.P. 2 2818 La Cienega Ave. 3 Los Angeles, California 90034 Telephone: (310) 229-1234 4 Facsimile: (310) 229-1244 5 Attorneys for Timothy J. Yoo, Chapter 11 trustee of Law Offices of Brian D. Witzer, Inc., Former Attorneys for Plaintiff 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF CONTRA COSTA 8 9 PETER PURIFICATION, an individual, ) Case No. C19-02539 ) 10 Plaintiff, ) 11 v. ) NOTICE OF ATTORNEY’S ) CHARGING LIEN 12 MONSANTO COMPANY, et al, ) ) 13 Defendants. ) ) 14 ) 15 ) ) 16 ) ) 17 ) ) 18 ) 19 ) ) 20 ) ) 21 ) 22 ) ) 23 TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: 24 PLEASE TAKE NOTICE that the bankruptcy estate of The Law Offices of Brian D. 25 Witzer, Inc., debtor in bankruptcy case number 2:21-bk-12517-NB pending in the United States 26 Bankruptcy Court for the Central District of California, Los Angeles Division (“Debtor”), which 27 28 2 1 is or will have served as attorneys for Plaintiff herein, asserts a lien for fees and costs incurred in 2 the matter. Timothy J. Yoo is the Chapter 11 trustee of the Debtor’s bankruptcy estate. 3 PLEASE TAKE FURTHER NOTICE that any party, Plaintiff or Defendant(s), who or 4 which disregard the instant lien may be held liable to the Debtor’s bankruptcy estate for the full 5 amount thereof. Siciliano v. Fireman’s Fund Insurance Co. (1976) 62 Cal. App. 3d 745. 6 Moreover, an attorney who disregards the instant lien may violate their professional duties. See 7 e.g. Crooks v. State Bar (1970) 3 Cal. 3d 346, 355. 8 Any checks, drafts of other payment mechanism, for any attorneys’ fees or costs of both in 9 this matter shall bear the name of “Timothy J. Yoo, Chapter 11 Trustee for the Bankruptcy Estate 10 of Law Offices of Brian D. Witzer, Inc.” and any administrator or any settlement in this matter 11 shall be notified of the same. 12 Dated: December 1, 2022 LEVENE, NEALE, BENDER, YOO & GOLUBCHIK, L.L.P. 13 By: /s/ Monica Y. Kim Monica Y. Kim 14 Attorneys for Timothy J. Yoo, Chapter 11 Trustee for the 15 Bankruptcy Estate of Law Offices of Brian D. Witzer, Inc. 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 2 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not 3 a party to the within action; my business address is: 2818 La Cienega Avenue, Los Angeles, California 90034. 4 On December 9, 2022, I served the foregoing document described as NOTICE OF ATTORNEY’S 5 CHARGING LIEN on all interested parties in this action by placing a true copy thereof, enclosed in a sealed envelope, and addressed as follows: 6 Peter Purificacion 7 1263 135th Ave. San Leandro, CA 94578 8 (X) BY MAIL. I caused such envelopes to be deposited in the mail at Los Angeles, California. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under 9 that practice it would be deposited with U.S. postal service on the same day with postage thereon, fully prepaid, at Los Angeles, California in the ordinary course of business. I am aware that on motion of party 10 served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. 11 ( ) BY FACSIMILE. I caused said document(s) to be transmitted via facsimile. The telephone 12 number of the sending facsimile machine was (310) 229-1244. The name(s) and facsimile machine telephone number(s) of the person(s) served are set forth in the service list. A transmission report was 13 properly issued by the sending facsimile machine, and the transmission was reported as complete and without error. 14 ( ) BY OVERNIGHT DELIVERY SERVICE. I deposited such envelope for collection and delivery by FedEx 15 with delivery fees paid with ordinary business practices. I am “readily familiar” with the firm’s practice of collection and processing packages for overnight delivery by FedEx. They are deposited on the same day at the FedEx Express Drop Box. 16 ( ) VIA ELECTRONIC MAIL. I transmitted a PDF version of this document(s) by electronic mail to the 17 party(s) identified on the attached service list using e-mail address(es) indicated, as per the universal agreement on e- mail service of documents in this matter by and between the parties and all counsel in this matter 18 [X] (State) I declare under penalty of penalty of perjury under the laws of the State of 19 California that the above is true and correct. 20 Executed on this 9th day of December 2022 at Los Angeles, California. 21 ____________________ 22 Damon Woo 23 24 25 26 27 28 4