Preview
WILLIAM CARLOS LEET (SBN: 184845)
wel@leetlaw.com
PETER DEL VECCHIO (SBN: 183456)
pmd@leetlaw.com
LEET LAW, an ASSOCIATION of ATTORNEYS Electronically
210 North Fourth Street, Suite 201 ourt of Californ County of Sé Mat
San Jose, CA 95112 ON 4/24/2023
Phone: (408) 753-5486 By /s/ Salote Alipate
Fax: (408) 295-5799 Deputy Clerk
Attorneys for Defendant and Cross-Claimant,
William Carlos Leet
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
10
JEFFREY F. RYAN,
11 CASE NO.: 21-CIV-04391
Plaintiff,
12 V.
LIST OF EXHIBITS TO FIRST AMENDED
13 WILLIAM CARLOS LEET, and DOES 1 AND VERIFIED CROSS-COMPLAINT
to 10,
14
Defendants
15
16
17 WILLIAM CARLOS LEET,
18 Cross-Complainant,
19
V.
20
JEFFREY F. RYAN, and ROES | to 10,
21
Cross-Defendants.
22
23 INDEX OF EXHIBITS TO FIRST AMENDED VERIFIED CROSS-COMPLAINT
24
25 EMAIL FROM JEFF RYAN (“RYAN”) TO PETER DEL VECCHIO DATED
8/6/21 @ 9:54 A.M.
26 FEE AGREEMENT DATED MARCH 1, 2019, BETWEEN RYAN AND
27
CLIENTS
IN RE JEFFREYF. RYAN ON DISCIPLINE, STATE BAR COURT CASE NO.
28 14-0-06405
Page |
INDEX OF EXHIBITS TO CROSS-COMPLAINT
EMAIL FROM WILLIAM LEET (“LEET”) TO RYAN DATED 3/11/19 @ 4:21
P.M.
EMAIL FROM RYAN TO LEET DATED 3/11/19 @ 4:54 P.M
EMAIL FROM LEET TO RYAN DATED 3/11/19 @ 5:06 P.M
EMAIL FROM RYAN TO LEET DATED 3/11/19 @ 5:27 P.M
EMAIL FROM LEET TO RYAN DATED 3/11/19 @ 5:49 P.M
EMAIL FROM RYAN TO LEET DATED 3/11/19 @ 5:56 P.M
EMAIL FROM LEET TO RYAN DATED 3/11/19 @ 6:13 P.M
EMAIL FROM RYAN TO LEET DATED 3/11/19 @ 9:03 P.M
EMAIL FROM LEET TO RYAN DATED 4/02/19 @ 12:53 P.M.
EMAIL FROM RYAN TO LEET DATED 4/02/19 @ 1:48 P.M.
TEXT EXCHANGE BETWEEN LEET AND RYAN DATED 1/25/21
DOCKET OF GEISLER CASE SAN MATEO Case No. 17-CIV-02888
EMAIL FROM LEET TO RYAN DATED 8/03/19 @ 1:47 P.M.
LEET PROPOSED FEE ACCOUNTING (ATTACHED TO EXH. P, ABOVE)
10 EMAIL FROM RYAN TO LEET DATED 8/03/21 @ 3:14 P.M
EMAIL FROM LEET TO RYAN DATED 8/03/21 @ 4:10 P.M
11
EMAIL FROM LEET TO RYAN DATED 8/03/21 @ 4:19 P.M
12 EMAIL FROM RYAN TO LEET DATED 8/03/21 @ 4:31 P.M
EMAIL FROM LEET TO RYAN DATED 8/03/21 @ 4:35 P.M.
13
EMAIL FROM LEET TO RYAN DATED 8/03/21 @ 4:47 P.M
14 EMAIL FROM RYAN TO LEET DATED 8/03/21 @ 4:50 P.M
EMAIL FROM LEET TO RYAN DATED 8/03/21 @ 5:04 P.M
15 EMAIL FROM RYAN TO LEET DATED 8/03/21 @ 5:39 P.M
16
AA EMAIL FROM LEET TO RYAN DATED 8/03/21 @ 5:49 P.M
BB EMAIL FROM RYAN TO LEET DATED 8/03/21 @ 5:55 P.M
17 CC EMAIL FROM LEET TO RYAN DATED 8/03/21 @ 6:26 P.M
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Page 2
INDEX OF EXHIBITS TO CROSS-COMPLAINT
On Aug 6, 2021, at 9:54 AM, Jeffrey Ryan wrote:
Peter: | first settlement payment from the defendant is due on October 6. Because Carlos and | have a
dispute over what he is owed | will not release any portion of the 40% fee to anyone. Instead | will keep
those fees in my trust account. Jeff
Sent from my iPhone
EXHIBIT A
LAW OFFICES OF JEFFREY F. RYAN
AN ASSOCIATION OF ATTORNEYS
THE FITZPATRICK BUILDING
2000 BROADWAY STREET
REDWOOD CirTy, CA 94063-1802
(650) 924-8343
JEFFREY F. RYAN jeff@jeffreyryanlaw.com.
March 1, 2019
ATTORNEY-CLIENT FEE AGREEMENT
JEFFREY F. RYAN (“Attomey”) and Fred Geisler, Norman Fleming, and Gena Zischke
(“Clients”) 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 Attomey will have no obligation to provide legal
services, until: (a) Clients retum a signed copy of this Agreement; and (b) Attorney
acknowledges acceptance of representation by counter-signing this Agreement and
retuming a fully executed copy to Clients. Upon satisfaction of these conditions, this
Agreement will be deemed to take effect as of February 17, 2019, superseding any and all prior
Agreements pertaining to the services set forth below.
SCOPE OF SERVICES AND ATTORNEY’S DUTIES
Clients hire Attorney to provide legal services in the following litigation matter: Geisler et. al.
v. Johnston et al. San Mateo County Superior Court case number 17CIV02888, a shareholder
derivative action as well as a direct action for fraud, etc. Attorney will provide those legal
services reasonably required to represent Clients in litigating this matter through trial if
necessary. Attomey will take reasonable steps to keep Clients informed of progress and to
respond to Clients’ inquiries. This Agreement does not cover representation on appeal, or in
collection proceedings after judgment, or proceedings regarding renewal of a judgment, nor
the cross-claim brought against Dr. Geisler by TeDan for allegedly inducing breach of contract.
A separate written agreement for these services or services in any other matter not described
above will be required. Attorney is representing Clients only in the matter described above.
CLIENT’S DUTIES
Clients agree to be truthful with Attorney and not withhold information. Further, Clients agree
to cooperate, to keep Attorney informed of any information or developments which may come
to Clients’ attention, to abide by this Agreement, to pay Attomey’s bills on time, and to keep
Attomey advised of Clients’ address, telephone number and whereabouts. Clients will assist
Attomey by timely providing necessary information and documents. Clients agree to appear
at all legal proceedings when Attorney deems it necessary, and generally to cooperate fully
with Attomey in all matters related to the preparation and presentation of Clients’ claims.
EXHIBIT B
Page 2 of 6
4. DEPOSIT
Attorney requires no deposit from Clients for the services contemplated by the Agreement.
LEGAL FEES AND BILLING PRACTICES
This is a straight CONTINGENCY FEE AGREEMENT, whereby Clients agree to pay
Attorney a fee amounting to THIRTY-THREE AND ONE-THIRD PER CENTUM (33 1/3 %)
of Client’s gross recovery, PROVIDED that the matter i: ettled earlier than 120 days prior to
the date first set for trial. {f the matter is resolved later than 120 days before the date of the
irst-set trial date,(the fee shall be FORTY PER CE! oN 40% ) of the gr ‘O! ss recovery,
Whether by settlement or judgment, realized in this y; th fé 1s no
fee to Attorney.
x Clients will be
Fave
through
given a credit against any fees owed under this agreement for amounts Clients
paid ugh Apri
ve pall 30, 2019,
April 30, 2 to Attorney or any other attorney or paralegal who has billed
on this case through that date. The only attorney who will charge for their time after April 30,
2019, through trial will be Misasha Graham Suzki. Starting May 1, 2019, Misasha will charge
Clients only $100 per hour for her time. Any amounts owed to Jennifer Hagan under the old
fee agreement with Attorney (which was half hourly half contingency) shall come out of.
Attorney’s share of any settlement or recovery on behalf of Clients. Similarly, any amounts
‘owed toMisasha G Suzki above the agreed upon $100 per hour due from Clients starting May
1, 2019, shall be the responsibility of Attorney not Clients.
From Jan 1, 2019 through April 30, 2019, Clients will be responsible for half of Jennifer
Hagan’s normal hourly rate for work performed on this case as well as $200 per hour for
Misasha G Suzki. Jennifer Hagan will no longer work on the case after April 30, 2019. S
F Atomaey tanner baringe Cantor L680 Whe WIT apt ie aotiiga oe
will be replaced by Attorney’s former partner,
with 1/3 to Carlos Leet and 2/3 to Attorney.
6. COSTS AND OTHER CHARGES
(a) Attorney will incur various costs and expenses in performing legal services under this
Agreement. Client agrees to pay for all costs, disbursements and expenses. The costs and
expenses commonly include, service of process charges, filing fees, court and deposition
reporters’ fees, translator/interpreter fees, jury fees, notary fees, deposition costs, long
distance telephone charges, messenger and other delivery fees, postage, outside
photocopying and other reproduction costs, travel costs including parking, mileage,
transportation, meals and hotel costs, investigation expenses, consultants’ fees, expert
witness, professional, mediator, arbitrator and/or special master fees and other similar
items. The foregoing external costs and expenses will be charged at Attorney’s cost.
Internal charges are billed at the following rates: (1) mileage
— IRS Standard Mileage Rate;
(2) big photocopying jobs which we have to send out to a vendor at cost; and (5)
computerized legal research at cost.
(b) Out-of-town travel. Client agrees to pay transportation, meals, lodging and all other costs
of any necessary out-of-town travel by Attorney’s personnel.
(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. Clients
agree to pay such fees and charges. Attorney will select any expert witnesses, consultants
EXHIBIT B
Page 3 of 6
or investigators to be hired, and Clients will be informed of persons chosen and their
charges.
(d) Attorney will obtain Clients’ consent before incurring any costs in excess of $1,500.
(e) Attorney may, in his sole discretion, elect to advance some costs on Clients’ behalf. In the
event costs are advanced, they shall be deducted from Clients’ gross recovery after the
aforesaid attorney fees are first deducted. The resulting balance shall be Clients’ Net
Recovery.
OTHER FEES AND COSTS
Clients understand that if Clients’ case proceeds to court action, the court may award attomey
fees as well as some or all of the type of costs enumerated in Paragraph 6 above to the other
party or parties. Payment of such attorney fees and costs shall be the sole responsibility of
Client. Similarly, other parties may be required to pay some or all of the fees and costs
incurred by the Client. Client acknowledges that any such determination does not in and of
itself affect the amount of the fees and costs to be paid by Client to Attorney pursuant to this
agreement.
BILLS
Attomey will send Client periodic bills for costs incurred. Each bill will be payable within 15
days of its mailing date, unless Attorney determines that some later date is appropriate. Clients
may request a bill at intervals of no less than 30 days. If Clients so requests, Attorney will
provide one within 10 days. Bills for the costs and expenses will clearly identify the costs and
expenses incurred and the amount of the costs and expenses. Clients agree to promptly review
all bills rendered by Attorney and to promptly communicate any objections, questions, or
concerns about their contents.
CLIENT APPROVAL NECESSARY FOR SETTLEMENT
Attorney will not make any settlement or compromise of any nature of any of Clients’
claims without Client’s prior approval. Client retains the absolute right to accept or
reject any settlement.
10. DISCHARGE AND WITHDRAWAL; LIEN ON RECOVERY.
Client may discharge Attorney at any time. Attorney may withdraw with Clients’ 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 Clients; (b) Clients’ conduct renders it unreasonably
difficult for the Attorney to carry out the employment effectively; and/or (c) Clients fail to pay
Attomey’s costs as required by this Agreement. Notwithstanding the discharge, Clients will
remain obligated to pay Attorney at the agreed rates for all services provided and to reimburse
Attorney for all costs advanced.
Should Attorney withdraw or be discharged without cause, he shall retain the right to
be paid reasonable fees directly from the defendants if awarded by the Court. Should
attorneys withdraw or be discharged and the clients thereafter achieves a recovery,
EXHIBIT B
Page 4 of 6
Attorney shall also retain the right to be paid for all costs advanced and for reasonable
attorneys’ fees from any recovery.
Clients hereby grants attorney a lien upon the cause, or causes of action herein, and
upon any documents, records or papers in connection therewith, and upon any sum
received to the extent of the foregoing fees and costs incurred or advanced. Said lien
is based upon the reasonable value of attorney’s services valued at Seven Hundred
Dollars ($700) per hour for all services rendered by Jeffrey F. Ryan. Alternatively,
attorney may elect compensation based upon the agreed contingency fee for any offer
to client to settle the matter prior to attorney’s discharge. If client discharges attorney,
attorney shall retain a copy of the file and the cost of duplicating the file will be
assessed to the client.
11. CONCLUSION OF SERVICES
When Attorney’s services conclude, whether by completing the services covered by this
Agreement, or by discharge or withdrawal, all unpaid charges for fees or costs will be due and
payable immediately.
Clients may have access to Clients’ case file at Attorney’s office at any reasonable time. At
the end of the engagement, Clients may request the return of Clients’ case file. If Clients have
not requested the return of Clients’ file, and to the extent Attorney has not otherwise delivered
it or disposed of it consistent with Clients’ directions, Attorney will retain the case file for a
period of 180 days after which Attorney is authorized by this agreement to have the case file
destroyed. If Clients would like Attorney to maintain Clients’ case file for more than 180 days
after the conclusion of Attorney’s services for Clients on a given matter, a separate written
agreement must be made between Attomey and Clients, which may provide for Clients to bear
the cost of maintaining the file. In the event Clients request that Attorney transfer possession
of Clients’ case file to Clients or a third party, Attorney is authorized to retain copies of the
case file at Attorney’s expense. The case file includes Clients papers and property as defined
in Rule 3-700(D)(1) of the California Rules of Professional Conduct.
12, DISCLAIMER OF GUARANTEE AND ESTIMATES
Nothing in this Agreement and nothing in Attorney’s statements to Clients will be construed
as a promise or guarantee about the outcome of the matter. Attorney makes no such promises
or guarantees. Attorney’s comments about the outcome of the matter are expressions of opinion
only, are neither promises nor guarantees, and will not be construed as promises or guarantees.
13. PROFESSIONAL LIABILITY INSURANCE DISCLOSURE
Pursuant to California Rule of Professional Conduct 3-410, I am informing you in writing that
I have professional liability insurance.
14. NO TAX ADVICE
Attorney has not been retained to provide Clients with any tax advice concerning any of the
services described in paragraph 2. Any documents prepared by Attorney may have specific tax
ramifications. To be sure Clients understand and are certain of all the potential tax
consequences, Clients should consult with tax advisors regarding these matters.
EXHIBIT B
Page 5 of 6
15. 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. In the event of any dispute regarding this Agreement, or the interpretation of it, the
parties agree that it will be construed under the laws of the State of California, with venue for
any action thereunder to be the Superior Court in and for the County of Santa Clara.
16. 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.
17. 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.
18. MANDATORY FEE ARBITRATION
The parties acknowledge that in any dispute over attorney’s fees, costs or both subject to the
jurisdiction of the State of California over attorney’s fees, charges, costs or expenses, Clients
has the right to elect arbitration pursuant to procedures as set forth in California Business and
Professions Code Sections 6200-6206 (the Mandatory Fee Arbitration Act). If, after receiving
a Notice of Client’s Right to Fee Arbitration, Clients do not elect to proceed under the
Mandatory Fee Arbitration Act procedures by failing to file a request for fee arbitration within
30 days, any dispute over fees, charges, costs or expenses, will be resolved by binding
arbitration as provided in the previous paragraph A. Arbitration pursuant to the Mandatory
Fee Arbitration Act is non-binding unless the parties agree in writing, after the dispute has
arisen, to be bound by the arbitration award. The Mandatory Fee Arbitration Act procedures
permit a court trial after non-binding arbitration, or a subsequent binding contractual arbitration
if the parties have agreed to binding arbitration, if either party rejects the award within 30 days
after the award is mailed to the parties.
19. CONSENT TO USE OF E-MAIL AND CLOUD SERVICES
In order to provide Clients with efficient and convenient legal services, Attorney will
frequently communicate and transmit documents using e-mail. Because e-mail continues to
evolve, there may be risks communicating in this manner, including risks related to
confidentiality and security. By entering into this Agreement, Clients are consenting to such
¢-mail transmissions with Clients and Clients’ representatives and agents.
In addition, Attorney uses a cloud computing service with servers located in a facility other
than Attomey’s office. Most of Attorney’s electronic data, including emails and documents,
are stored in this manner. By entering into this Agreement, Clients understand and consent to
having communications, documents and information pertinent to the Clients’ matter stored
through such a cloud-based service.
20. EFFECTIVE DATE
This Agreement will govern all legal services performed by Attorney on behalf of Clients
commencing with the date Attomey first performed services. The date at the beginning of this
EXHIBIT B
Page 6 of 6
Agreement is for reference only. Even if this Agreement docs not take effect. Clients will be
obligated to pay Attorney the reasonable value of any services Attomey may have performed
for Clients.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND
AGREE TO THEM AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. IF
MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE,
JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT.
CLIENT WILL RECEIVE, A FULLY EXECUTED COPY OF THIS AGREEMENT.
DATED: ___ March 1, 2019. inate
"Dr. Fred Geis!
—™ peck
Norman Fleming"
snes
a
tes
DATED: March ) 2 d 9 LAW OFFICES OF JEFFREY F. RYAN, >
An Assi ation of Attorneys
By:
Ee
Now that the above formalities have been addressed, | would like to say that we very much
look forward to representing you and working with you toward an carly and favorable
resolution of this dispute.
Ver truly yours.
JFR
rh F Regen
EXHIBIT B
View Document - Supreme Court Order
Pages: 2
SUPREME COURT
ED
OCT 1.8 2018
(State Bar Court No. 14-0-06405) Jorge Navarrete Clerk
8250319
Deputy
IN THE SUPREME COURT OF CALIFORNIA
En Bane
Inre JEFFREY FILON RYAN on Discipline
The court orders that Jeffrey Filon Ryan, State Bar Number 129079, is
suspended from the practice of law in California for one year, execution of that
period of suspension is stayed, and he is placed on probation for one year subject
to the following conditions:
1. Jeffrey Filon Ryan is suspended from the practice of law for the first 90
days of probation;
2. Jeffrey Filon Ryan must comply with the other conditions of probation EXHIBIT C
recommended by the Hearing Department of the State Bar Court in its
Order Approving Stipulation filed on June 1, 2018; and
At the expiration of the period of probation, if Jeffrey Filon Ryan has
complied with all conditions of probation, the period of stayed
suspension will be satisfied and that suspension will be terminated.
Jeffrey Filon Ryan must also take and pass the Multistate Professional
Responsibility Examination within one year after the effective date of this order
and provide satisfactory proof of such passage to the State Bar’s Office of
Probation in Los Angeles within the same period. Failure to do so may result in
suspension. (Cal. Rules of Court, rule 9.10(b).)
Jeffrey Filon Ryan must also comply with California Rules of Court, rule
9.20, and perform the acts specified in subdivisions (a) and (c) of that rule within
30 and 40 calendar days, respectively, after the effective date of this order. Failure
to do so may result in disbarment or suspension.
kwiktag® 241 070 671
LOCA | ll
Costs are awarded to the State Bar in accordance with Business and
Professions Code section 6086.10 and are enforceable both as provided in EXHIBIT C
Business and Professions Code section 6140.7 and as a money judgment.
One-third of the costs must be paid with his membership fees for each of the years
2019, 2020, 2021. If Jeffrey Filon Ryan fails to pay any installment as described
above, or as may be modified by the State Bar Court, the remaining balance is due
and payable immediately.
SANTIL-SAKAUYE
Chief Justice
I, Jorge Navarrete, Clerk of the Supreme Court
of the State of California, do hereby certify that the
preceding is a true copy of an order of this Court as EXHIBIT C
shown by the records of my office.
Witness my hand and the seal of the Court this
cayor OCT 18 201
Month
» CA
Pages: 2
Back Download Document
From: William Leet
Sent: Monday, March 11, 2019 4:21 PM
To: ‘Jeffrey Ryan'
Subject: RE: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman's Demurrer to
Fourth Amended Complaint
Here ya go. Are you putting together a new retainer agreement with the clients that specifies it is a
contingent fee split between more than one firm? | know you do this all the time—but that’s what |
recall from the last time | did one.
Carlos
l|
Leet Law
ww m
t
wtf
ft
EXHIBIT D
From: Jeffrey Ryan
Sent: Monday, March 11, 2019 4:54 PM
To: William Leet
Subject: RE: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman's Demurrer to
Fourth Amended Complaint
Yes. It is done. It lists the fee as 1/3 up to 120 days before trial and then 40% thereafter. It specially lists
our agreement of the fee split between your firm and mine (you get 1/3 of the fee and | get 2/3). Jeff
Jeffrey Ryan
Attorney
Law Offices of Jeffrey F. Ryan
An Association of Attorneys
2000 Broadway Street
Redwood City, CA 94063-1802
(650) 922-2341
jeff@jeffreyryaniaw.com
www.jeffreyryaniaw.com
CONFIDENTIALITY STATEMENT
The information, facts and statements madein this electronic mail is intended for the named recipient(s) only. It may
contain attorney-client privileged and/ or confidential communications and information. If you have received this e-
mail in error, please notify the sender immediately by replying to this e-mail or by calling (650) 691-1430 and delete
the message. Please do not disclose the contents of this e-mail to anyone not immediately concerned with the subject
matter thereof. Thank you.
EXHIBIT E
From: William Leet
Sent: Monday, March 11, 2019 5:06 PM
To: ‘Jeffrey Ryan'
Subject: RE: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman's Demurrer to
Fourth Amended Complaint
Okay thanks. | will take it from that there are no other liens, advanced costs or anything else in front of
us.
TL
William Carlos Leet
210N. 4" Street, Ste. 201
San Jose, CA 95112
T: 408.753.5486
Leet Law F: 408.295.5799
www.leetlaw.com
This email is intended solely for the use of the intended recipient and may contain
information that is privileged, confidential or otherwise exempt from disclosure under
applicable law. If the reader of this email is not the intended recipient, you are hereby
notified that any dissemination, distribution, or copying of this communication is strictly
prohibited. If you have received this communication in error, please notify us immediately
by replyingto the original sender and delete all copies of this email.
EXHIBIT F
From: Jeffrey Ryan
Sent: Monday, March 11, 2019 5:27 PM
To: William Leet
Subject: RE: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman's Demurrer to
Fourth Amended Complaint
Dr. Geisler paid all costs and fees due along the way (although fees were at half hourly rate). So we went
from a 20% contingent fee to 33.33% to 40% 120 days before trial fee but we no longer get paid fees at
half hourly rate.
The only lien is Jennifer gets paid the other half of her hourly rate when | get paid out of a settlement.
Her current lien is for $200,000 and her work ends as soon as you are up to speed and ready to replace
her. Misasha will continue to work on the case at $100/hour and the client will pay her that amount.
As for Jennifer’s lien, | suggest we split it 50/50 as we both benefited from her work on the case. Jeff
Jeffrey Ryan
Attorney
Law Offices of Jeffrey F. Ryan
An Association of Attorneys
2000 Broadway Street
Redwood City, CA 94063-1802
(650) 922-2341
jeff@jeffreyryaniaw.com
www.jeffreyryaniaw.com
CONFIDENTIALITY STATEMENT
The information, facts and statements madein this electronic mail is intended for the named recipient(s) only. It may
contain attorney-client privileged and/ or confidential communications and information. If you have received this e-
mail in error, please notify the sender immediately by replying to this e-mail or by calling (650) 691-1430 and delete
the message. Please do not disclose the contents of this e-mail to anyone not immediately concerned with the subject
matter thereof. Thank you.
EXHIBIT G
From: William Leet
Sent: Monday, March 11, 2019 5:49 PM
To: ‘Jeffrey Ryan'
Subject: RE: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman's Demurrer to
Fourth Amended Complaint
I’m not seeing it that way on Jennifer’s lien. That’s also a big factor to not bring up until now. I’m willing
to move forward on the 1/3 2/3 split, but not if there is a $200k lien in front of it.
Carlos
TIL
William Carlos Leet
210 N. 4" Street, Ste. 201
San Jo: CA 95112
408. 486
Leet Law F: 408.295.5799
www.leetlaw.com
This email is intended solely for the use of the intended recipient and may contain
information that is privileged, confidential or otherwise exempt from disclosure under
applicable law. If the reader of this email is not the intended recipient, you are hereby
notified that any dissemination, distribution, or copying of this communication is strictly
prohibited. If you have received this communication in error, please notify us immediately
by replying to the original sender and delete all copies of this email
EXHIBIT H
From: Jeffrey Ryan
Sent: Monday, March 11, 2019 5:56 PM
To: William Leet
Subject: Re: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman's Demurrer to
Fourth Amended Complaint
Ok. | will pay Jen’s lien from my 2/3 share of any recovery.
| Don’t think it is fair as you are coming into this case a year and a half after it started. You have the
benefit of the teams work to date, and you just have to help push it across the finish line. Jeff
Sent from my iPhone
EXHIBIT |
From: William Leet
Sent: Monday, March 11, 2019 6:13 PM
To: ‘Jeffrey Ryan'
Subject: RE: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman's Demurrer to
Fourth Amended Complaint
Jeff,
V'll tell you what: | know you think this case will produce—| just don’t know it well enough to make that
call yet. On the other hand, if it’s all it’s cracked up to be, | don’t want to overreach. Here’s what |
propose: If my share exceeds $500k, | will reimburse you for $20k of Jennifer’s lien for every $100k after
that to a max of $66k. So, if my share ends up hitting or exceeding $900k, | will end up reimbursing you
for 1/3 of Jennifer’s current lien, which | think is a more appropriate split, based on our 1/3--2/3 division.
To be perfectly clear, if my share is $550k, there is no reimbursement. If it is $601K, there is a $20k
reimbursement, if it is $701k, there is a $40k reimbursement, and so on up to $66k. Fair?
Carlos
William Carlos |
—
|
210 N 4 Stre Ste 201
San Jo
8.7 5486
Leet Law F 408.2) 579)
www.leetlaw.com
Thi ai re ntair
infe ion that s pr le ti or other id re und:
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ti d ributi 1 opyi his c ymunica ni tl
yc vave recei nis ec nmunication in ease notify us mediately
b plyin the original all copie vail
EXHIBIT J
From: Jeffrey Ryan
Sent: Monday, March 11, 2019 9:04 PM
To: William Leet
Subject: Re: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman's Demurrer to
Fourth Amended Complaint
Fairer. Jeff
Sent from my iPhone
EXHIBIT K
From: William Leet
Sent: Tuesday, April 2, 2019 12:53 PM
To: ‘Jeffrey Ryan'
Subject: RE: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman's Demurrer to
Fourth Amended Complaint
Jeff,
| was just organizing email on this file and was going to file this under deal terms. But review shows
terms were never solidly confirmed in the thread below. Please reply “confirmed” to confirm the terms
set forth in my message below of Mar 11, 2019, at 6:13 PM accurately describe our fee-sharing
agreement on this file. Thanks.
Carlos
William Carlos Leet
—
|
210N 4 Street, Ste. 201
San Jose, CA 12
408.753.5486
Leet Law F 408.295.57
www.leetlaw.com
This email is intended solely for the use of the ended recipient ai nal contain
information that is privilege confide tial or otherwise exem rom di sure under
applicable law he reader of this email is not the intended recipient, you are hereby
notified that any disse nation, d tribution, or copying of this communication is strictly
prohibited. If you have received this communication in error, please notify us immediately
by replying to the o nal sender and delete all copies of this ema
EXHIBIT L
From: Jeffrey Ryan
To: William Leet
Subject: Re: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman"s
Demurrer to Fourth
Amended Complaint
Date: Tuesday, April 2, 2019 1:48:37 PM
Confirmed. Jeff
Sent from my iPhone
EXHIBIT M
Messages exported from: William‘: il Phone (+17073035338)
With: Jeffrey Ryan (4085074736)
PDF created with Decipher TextMessage (deciphertools.com)
11/20/2020 1:08 PM
William's iPhone (+17073035338)
OMEN seney
11/20/2020 1:26 PM (Viewed 11/20/2020 1:34 PM)
Jeffrey Ryan (4085074736)
Slowly
11/20/2020 1:54 PM (Viewed 11/20/2020 2:52 PM)
Jeffrey Ryan (4085074736)
Nagle is trying to get TeDan up to $4M
11/20/2020 1:54 PM (Viewed 11/20/2020 2:52 PM)
Jeffrey Ryan (4085074736)
If he is successful then we need to get Fred to take it
11/20/2020 2:52 PM
William's iPhone (+17073035338)
11/20/2020 3:58 PM (Viewed 11/20/2020 4:11 PM)
Jeffrey Ryan (4085074736)
More settlement talks on Monday
11/20/2020 4:12 PM
William's iPhone (+17073035338)
ecient id
11/20/2020 4:14 PM (Viewed 11/20/2020 4:21 PM)
Jeffrey Ryan (4085074736)
Yes
11/25/2020 7:53 PM
William's iPhone (+17073035338)
ee
11/25/2020 7:55 PM (Viewed 11/25/2020 8:01 PM)
Jeffrey Ryan (4085074736)
No. Bill did not get out the letter today as he promised. He is too busy. It probably will go out
Monday
1/4/2021 11:35 AM
Jeffrey Ryan (4085074736)
Sorry, | can't talk right now.
1/4/2021 11:36 AM
William's iPhone (+17073035338)
Neue Rie sa hl tacuk OMe Run tate ale Redes Cellule gd
1/4/2021 12:00 PM (Viewed 1/4/2021 12:31 PM)
Jeffrey Ryan (4085074736)
In trial today. Let's talk tomorrow
1/4/2021 12:31 PM
ian iPhone (+17073035338)
Tae
EXHIBIT N
1/5/2021 12:38 PM (Viewed 1/5/2021 1:07 PM)
Jeffrey Ryan (4085074736)
A lot of balls up in the air Leet. Friday is a big day. TeDan has to say yay or nay on the
mediators proposal
1/5/2021 1:07 PM
William's iPhone (+17073035338)
OMe nse
Jeffrey Ryan (4085074736) 1/5/2021 1:24 PM (Viewed 1/5/2021 1:35 PM)
Leet: Do you keep track of your time on the case? The reason | ask is Fred is entitled to recover
attorneys fees on the derivative claims and we will need to submit our bills to judge Weiner
1/5/2021 1:38 PM
William's iPhone (+17073035338)
Tue sak Re Rem peer enh ek EVR eae eee eRe Lg
Clad mia eR CCEA Mele meme ac em aki AOR R eC eee is
1/5/2021 1:38 PM (Viewed 1/5/2021 1:39 PM)
Jeffrey Ryan (4085074736)
Got it. We don't need it now. Just checking.
1/5/2021 1:39 PM
William's iPhone (+17073035338)
aoa RUC ait keke RTM -e-eelle Rael el
1/5/2021 1:40 PM
Jeffrey Ryan (4085074736)
$50K? $75,000?
1/5/2021 1:42 PM
ian iPhone (+17073035338)
Sosa ee ele)
1/5/2021 1:42 PM
Jeffrey Ryan (4085074736)
More?
1/5/2021 1:47 PM
William's iPhone (+17073035338)
Bee eR) Al oe Ce)
Cn eR ETUC euk Se RCM Re kek em ay eee
Pee ened Meer Kned ec oie ural Ret a P100) aM
1/5/2021 1:48 PM
Jeffrey Ryan (4085074736)
Gotcha.
4/12/2021 11:22 AM
ian iPhone (+17073035338)
SET arsed ae ee Reais
4/12/2021 11:23 AM (Viewed 4/12/2021 1 7 AM)
Jeffrey Ryan (4085074736)
Yes. We are working on a settlement. We are getting close. Will keep you posted.
4/12/2021 11:27 AM
William's iPhone (+17073035338)
EXHIBIT N
4/23/2021 9:21 PM (Delivered 4/24/2021 3:48 AM)
liam’s iPhone (+17073035338)
felt Tauonnl
Message sent originally as iMessage and fai Re-sent later as SM:
4/24/2021 3:48 AM (Viewed 4/24/2021 8:31 AM)
Jeffrey Ryan (4085074736)
deed
4/24/2021 3:48 AM (Viewed 4/24/2021 8:31 AM)
Jeffrey Ryan (4085074736)
Indeed
37 total messages and 0 total images.
EXHIBIT N
8/18/2021 Details
Case Information
17-ClV-02888 | FRED GEISLER, MD vs TERRY JOHNSTON
Case Number Court Judicial Officer
17-ClV-02888 Civil Unlimited Weiner, Marie S.
File Date Case Type Case Status
06/28/2017 Complex Civil Unlimited Active
Party
Plaintiff Active Attorneys ¥
GEISLER, FRED H., MD Attorney
RYAN, JEFFREY F.
Retained
Lead Attorney
LEET, WILLIAM CARLOS
Retained
Plaintiff Active Attorneys ¥
FLEMING, NORMAN C. Attorney
RYAN, JEFFREY F.
Retained
Lead Attorney
LEET, WILLIAM CARLOS
Retained
hitps:fodypokan So BL ERAT on G DortautiomervorkspaceMode?p-0#0therEvents 1/298
8/18/2021 Details
Plaintiff Active Attorneys ¥
ZISCHKE, GENA Attorney
Aliases RYAN, JEFFREY F.
Retained
OBO RHAUSLER, INC.
Lead Attorney
LEET, WILLIAM CARLOS
Retained
Plaintiff Active Attorneys ¥
COPERNICUS DYNAMICS, LP Lead Attorney
RYAN, JEFFREY F.
Retained
Attorney
HAGAN, JENNIFER J.
Retained
Plaintiff Active Attorneys ¥
ROES 1-25, INCLUSIVE Lead Attorney
RYAN, JEFFREY F.
Retained
Attorney
HAGAN, JENNIFER J.
Retained
Defendant Active Attorneys ¥
JOHNSTON, TERRY J. Pro Se
Address
7551 SAGUARO CACTUS AVENUE
LAS VEGAS NV 89178
Defendant
Preview
WILLIAM CARLOS LEET (SBN: 184845) wel@leetlaw.com PETER DEL VECCHIO (SBN: 183456) pmd@leetlaw.com LEET LAW, an ASSOCIATION of ATTORNEYS Electronically 210 North Fourth Street, Suite 201 ourt of Californ County of Sé Mat San Jose, CA 95112 ON 4/24/2023 Phone: (408) 753-5486 By /s/ Salote Alipate Fax: (408) 295-5799 Deputy Clerk Attorneys for Defendant and Cross-Claimant, William Carlos Leet SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO 10 JEFFREY F. RYAN, 11 CASE NO.: 21-CIV-04391 Plaintiff, 12 V. LIST OF EXHIBITS TO FIRST AMENDED 13 WILLIAM CARLOS LEET, and DOES 1 AND VERIFIED CROSS-COMPLAINT to 10, 14 Defendants 15 16 17 WILLIAM CARLOS LEET, 18 Cross-Complainant, 19 V. 20 JEFFREY F. RYAN, and ROES | to 10, 21 Cross-Defendants. 22 23 INDEX OF EXHIBITS TO FIRST AMENDED VERIFIED CROSS-COMPLAINT 24 25 EMAIL FROM JEFF RYAN (“RYAN”) TO PETER DEL VECCHIO DATED 8/6/21 @ 9:54 A.M. 26 FEE AGREEMENT DATED MARCH 1, 2019, BETWEEN RYAN AND 27 CLIENTS IN RE JEFFREYF. RYAN ON DISCIPLINE, STATE BAR COURT CASE NO. 28 14-0-06405 Page | INDEX OF EXHIBITS TO CROSS-COMPLAINT EMAIL FROM WILLIAM LEET (“LEET”) TO RYAN DATED 3/11/19 @ 4:21 P.M. EMAIL FROM RYAN TO LEET DATED 3/11/19 @ 4:54 P.M EMAIL FROM LEET TO RYAN DATED 3/11/19 @ 5:06 P.M EMAIL FROM RYAN TO LEET DATED 3/11/19 @ 5:27 P.M EMAIL FROM LEET TO RYAN DATED 3/11/19 @ 5:49 P.M EMAIL FROM RYAN TO LEET DATED 3/11/19 @ 5:56 P.M EMAIL FROM LEET TO RYAN DATED 3/11/19 @ 6:13 P.M EMAIL FROM RYAN TO LEET DATED 3/11/19 @ 9:03 P.M EMAIL FROM LEET TO RYAN DATED 4/02/19 @ 12:53 P.M. EMAIL FROM RYAN TO LEET DATED 4/02/19 @ 1:48 P.M. TEXT EXCHANGE BETWEEN LEET AND RYAN DATED 1/25/21 DOCKET OF GEISLER CASE SAN MATEO Case No. 17-CIV-02888 EMAIL FROM LEET TO RYAN DATED 8/03/19 @ 1:47 P.M. LEET PROPOSED FEE ACCOUNTING (ATTACHED TO EXH. P, ABOVE) 10 EMAIL FROM RYAN TO LEET DATED 8/03/21 @ 3:14 P.M EMAIL FROM LEET TO RYAN DATED 8/03/21 @ 4:10 P.M 11 EMAIL FROM LEET TO RYAN DATED 8/03/21 @ 4:19 P.M 12 EMAIL FROM RYAN TO LEET DATED 8/03/21 @ 4:31 P.M EMAIL FROM LEET TO RYAN DATED 8/03/21 @ 4:35 P.M. 13 EMAIL FROM LEET TO RYAN DATED 8/03/21 @ 4:47 P.M 14 EMAIL FROM RYAN TO LEET DATED 8/03/21 @ 4:50 P.M EMAIL FROM LEET TO RYAN DATED 8/03/21 @ 5:04 P.M 15 EMAIL FROM RYAN TO LEET DATED 8/03/21 @ 5:39 P.M 16 AA EMAIL FROM LEET TO RYAN DATED 8/03/21 @ 5:49 P.M BB EMAIL FROM RYAN TO LEET DATED 8/03/21 @ 5:55 P.M 17 CC EMAIL FROM LEET TO RYAN DATED 8/03/21 @ 6:26 P.M 18 19 20 21 22 23 24 25 26 27 28 Page 2 INDEX OF EXHIBITS TO CROSS-COMPLAINT On Aug 6, 2021, at 9:54 AM, Jeffrey Ryan wrote: Peter: | first settlement payment from the defendant is due on October 6. Because Carlos and | have a dispute over what he is owed | will not release any portion of the 40% fee to anyone. Instead | will keep those fees in my trust account. Jeff Sent from my iPhone EXHIBIT A LAW OFFICES OF JEFFREY F. RYAN AN ASSOCIATION OF ATTORNEYS THE FITZPATRICK BUILDING 2000 BROADWAY STREET REDWOOD CirTy, CA 94063-1802 (650) 924-8343 JEFFREY F. RYAN jeff@jeffreyryanlaw.com. March 1, 2019 ATTORNEY-CLIENT FEE AGREEMENT JEFFREY F. RYAN (“Attomey”) and Fred Geisler, Norman Fleming, and Gena Zischke (“Clients”) 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 Attomey will have no obligation to provide legal services, until: (a) Clients retum a signed copy of this Agreement; and (b) Attorney acknowledges acceptance of representation by counter-signing this Agreement and retuming a fully executed copy to Clients. Upon satisfaction of these conditions, this Agreement will be deemed to take effect as of February 17, 2019, superseding any and all prior Agreements pertaining to the services set forth below. SCOPE OF SERVICES AND ATTORNEY’S DUTIES Clients hire Attorney to provide legal services in the following litigation matter: Geisler et. al. v. Johnston et al. San Mateo County Superior Court case number 17CIV02888, a shareholder derivative action as well as a direct action for fraud, etc. Attorney will provide those legal services reasonably required to represent Clients in litigating this matter through trial if necessary. Attomey will take reasonable steps to keep Clients informed of progress and to respond to Clients’ inquiries. This Agreement does not cover representation on appeal, or in collection proceedings after judgment, or proceedings regarding renewal of a judgment, nor the cross-claim brought against Dr. Geisler by TeDan for allegedly inducing breach of contract. A separate written agreement for these services or services in any other matter not described above will be required. Attorney is representing Clients only in the matter described above. CLIENT’S DUTIES Clients agree to be truthful with Attorney and not withhold information. Further, Clients agree to cooperate, to keep Attorney informed of any information or developments which may come to Clients’ attention, to abide by this Agreement, to pay Attomey’s bills on time, and to keep Attomey advised of Clients’ address, telephone number and whereabouts. Clients will assist Attomey by timely providing necessary information and documents. Clients agree to appear at all legal proceedings when Attorney deems it necessary, and generally to cooperate fully with Attomey in all matters related to the preparation and presentation of Clients’ claims. EXHIBIT B Page 2 of 6 4. DEPOSIT Attorney requires no deposit from Clients for the services contemplated by the Agreement. LEGAL FEES AND BILLING PRACTICES This is a straight CONTINGENCY FEE AGREEMENT, whereby Clients agree to pay Attorney a fee amounting to THIRTY-THREE AND ONE-THIRD PER CENTUM (33 1/3 %) of Client’s gross recovery, PROVIDED that the matter i: ettled earlier than 120 days prior to the date first set for trial. {f the matter is resolved later than 120 days before the date of the irst-set trial date,(the fee shall be FORTY PER CE! oN 40% ) of the gr ‘O! ss recovery, Whether by settlement or judgment, realized in this y; th fé 1s no fee to Attorney. x Clients will be Fave through given a credit against any fees owed under this agreement for amounts Clients paid ugh Apri ve pall 30, 2019, April 30, 2 to Attorney or any other attorney or paralegal who has billed on this case through that date. The only attorney who will charge for their time after April 30, 2019, through trial will be Misasha Graham Suzki. Starting May 1, 2019, Misasha will charge Clients only $100 per hour for her time. Any amounts owed to Jennifer Hagan under the old fee agreement with Attorney (which was half hourly half contingency) shall come out of. Attorney’s share of any settlement or recovery on behalf of Clients. Similarly, any amounts ‘owed toMisasha G Suzki above the agreed upon $100 per hour due from Clients starting May 1, 2019, shall be the responsibility of Attorney not Clients. From Jan 1, 2019 through April 30, 2019, Clients will be responsible for half of Jennifer Hagan’s normal hourly rate for work performed on this case as well as $200 per hour for Misasha G Suzki. Jennifer Hagan will no longer work on the case after April 30, 2019. S F Atomaey tanner baringe Cantor L680 Whe WIT apt ie aotiiga oe will be replaced by Attorney’s former partner, with 1/3 to Carlos Leet and 2/3 to Attorney. 6. COSTS AND OTHER CHARGES (a) Attorney will incur various costs and expenses in performing legal services under this Agreement. Client agrees to pay for all costs, disbursements and expenses. The costs and expenses commonly include, service of process charges, filing fees, court and deposition reporters’ fees, translator/interpreter fees, jury fees, notary fees, deposition costs, long distance telephone charges, messenger and other delivery fees, postage, outside photocopying and other reproduction costs, travel costs including parking, mileage, transportation, meals and hotel costs, investigation expenses, consultants’ fees, expert witness, professional, mediator, arbitrator and/or special master fees and other similar items. The foregoing external costs and expenses will be charged at Attorney’s cost. Internal charges are billed at the following rates: (1) mileage — IRS Standard Mileage Rate; (2) big photocopying jobs which we have to send out to a vendor at cost; and (5) computerized legal research at cost. (b) Out-of-town travel. Client agrees to pay transportation, meals, lodging and all other costs of any necessary out-of-town travel by Attorney’s personnel. (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. Clients agree to pay such fees and charges. Attorney will select any expert witnesses, consultants EXHIBIT B Page 3 of 6 or investigators to be hired, and Clients will be informed of persons chosen and their charges. (d) Attorney will obtain Clients’ consent before incurring any costs in excess of $1,500. (e) Attorney may, in his sole discretion, elect to advance some costs on Clients’ behalf. In the event costs are advanced, they shall be deducted from Clients’ gross recovery after the aforesaid attorney fees are first deducted. The resulting balance shall be Clients’ Net Recovery. OTHER FEES AND COSTS Clients understand that if Clients’ case proceeds to court action, the court may award attomey fees as well as some or all of the type of costs enumerated in Paragraph 6 above to the other party or parties. Payment of such attorney fees and costs shall be the sole responsibility of Client. Similarly, other parties may be required to pay some or all of the fees and costs incurred by the Client. Client acknowledges that any such determination does not in and of itself affect the amount of the fees and costs to be paid by Client to Attorney pursuant to this agreement. BILLS Attomey will send Client periodic bills for costs incurred. Each bill will be payable within 15 days of its mailing date, unless Attorney determines that some later date is appropriate. Clients may request a bill at intervals of no less than 30 days. If Clients so requests, Attorney will provide one within 10 days. Bills for the costs and expenses will clearly identify the costs and expenses incurred and the amount of the costs and expenses. Clients agree to promptly review all bills rendered by Attorney and to promptly communicate any objections, questions, or concerns about their contents. CLIENT APPROVAL NECESSARY FOR SETTLEMENT Attorney will not make any settlement or compromise of any nature of any of Clients’ claims without Client’s prior approval. Client retains the absolute right to accept or reject any settlement. 10. DISCHARGE AND WITHDRAWAL; LIEN ON RECOVERY. Client may discharge Attorney at any time. Attorney may withdraw with Clients’ 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 Clients; (b) Clients’ conduct renders it unreasonably difficult for the Attorney to carry out the employment effectively; and/or (c) Clients fail to pay Attomey’s costs as required by this Agreement. Notwithstanding the discharge, Clients will remain obligated to pay Attorney at the agreed rates for all services provided and to reimburse Attorney for all costs advanced. Should Attorney withdraw or be discharged without cause, he shall retain the right to be paid reasonable fees directly from the defendants if awarded by the Court. Should attorneys withdraw or be discharged and the clients thereafter achieves a recovery, EXHIBIT B Page 4 of 6 Attorney shall also retain the right to be paid for all costs advanced and for reasonable attorneys’ fees from any recovery. Clients hereby grants attorney a lien upon the cause, or causes of action herein, and upon any documents, records or papers in connection therewith, and upon any sum received to the extent of the foregoing fees and costs incurred or advanced. Said lien is based upon the reasonable value of attorney’s services valued at Seven Hundred Dollars ($700) per hour for all services rendered by Jeffrey F. Ryan. Alternatively, attorney may elect compensation based upon the agreed contingency fee for any offer to client to settle the matter prior to attorney’s discharge. If client discharges attorney, attorney shall retain a copy of the file and the cost of duplicating the file will be assessed to the client. 11. CONCLUSION OF SERVICES When Attorney’s services conclude, whether by completing the services covered by this Agreement, or by discharge or withdrawal, all unpaid charges for fees or costs will be due and payable immediately. Clients may have access to Clients’ case file at Attorney’s office at any reasonable time. At the end of the engagement, Clients may request the return of Clients’ case file. If Clients have not requested the return of Clients’ file, and to the extent Attorney has not otherwise delivered it or disposed of it consistent with Clients’ directions, Attorney will retain the case file for a period of 180 days after which Attorney is authorized by this agreement to have the case file destroyed. If Clients would like Attorney to maintain Clients’ case file for more than 180 days after the conclusion of Attorney’s services for Clients on a given matter, a separate written agreement must be made between Attomey and Clients, which may provide for Clients to bear the cost of maintaining the file. In the event Clients request that Attorney transfer possession of Clients’ case file to Clients or a third party, Attorney is authorized to retain copies of the case file at Attorney’s expense. The case file includes Clients papers and property as defined in Rule 3-700(D)(1) of the California Rules of Professional Conduct. 12, DISCLAIMER OF GUARANTEE AND ESTIMATES Nothing in this Agreement and nothing in Attorney’s statements to Clients will be construed as a promise or guarantee about the outcome of the matter. Attorney makes no such promises or guarantees. Attorney’s comments about the outcome of the matter are expressions of opinion only, are neither promises nor guarantees, and will not be construed as promises or guarantees. 13. PROFESSIONAL LIABILITY INSURANCE DISCLOSURE Pursuant to California Rule of Professional Conduct 3-410, I am informing you in writing that I have professional liability insurance. 14. NO TAX ADVICE Attorney has not been retained to provide Clients with any tax advice concerning any of the services described in paragraph 2. Any documents prepared by Attorney may have specific tax ramifications. To be sure Clients understand and are certain of all the potential tax consequences, Clients should consult with tax advisors regarding these matters. EXHIBIT B Page 5 of 6 15. 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. In the event of any dispute regarding this Agreement, or the interpretation of it, the parties agree that it will be construed under the laws of the State of California, with venue for any action thereunder to be the Superior Court in and for the County of Santa Clara. 16. 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. 17. 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. 18. MANDATORY FEE ARBITRATION The parties acknowledge that in any dispute over attorney’s fees, costs or both subject to the jurisdiction of the State of California over attorney’s fees, charges, costs or expenses, Clients has the right to elect arbitration pursuant to procedures as set forth in California Business and Professions Code Sections 6200-6206 (the Mandatory Fee Arbitration Act). If, after receiving a Notice of Client’s Right to Fee Arbitration, Clients do not elect to proceed under the Mandatory Fee Arbitration Act procedures by failing to file a request for fee arbitration within 30 days, any dispute over fees, charges, costs or expenses, will be resolved by binding arbitration as provided in the previous paragraph A. Arbitration pursuant to the Mandatory Fee Arbitration Act is non-binding unless the parties agree in writing, after the dispute has arisen, to be bound by the arbitration award. The Mandatory Fee Arbitration Act procedures permit a court trial after non-binding arbitration, or a subsequent binding contractual arbitration if the parties have agreed to binding arbitration, if either party rejects the award within 30 days after the award is mailed to the parties. 19. CONSENT TO USE OF E-MAIL AND CLOUD SERVICES In order to provide Clients with efficient and convenient legal services, Attorney will frequently communicate and transmit documents using e-mail. Because e-mail continues to evolve, there may be risks communicating in this manner, including risks related to confidentiality and security. By entering into this Agreement, Clients are consenting to such ¢-mail transmissions with Clients and Clients’ representatives and agents. In addition, Attorney uses a cloud computing service with servers located in a facility other than Attomey’s office. Most of Attorney’s electronic data, including emails and documents, are stored in this manner. By entering into this Agreement, Clients understand and consent to having communications, documents and information pertinent to the Clients’ matter stored through such a cloud-based service. 20. EFFECTIVE DATE This Agreement will govern all legal services performed by Attorney on behalf of Clients commencing with the date Attomey first performed services. The date at the beginning of this EXHIBIT B Page 6 of 6 Agreement is for reference only. Even if this Agreement docs not take effect. Clients will be obligated to pay Attorney the reasonable value of any services Attomey may have performed for Clients. THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. IF MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. CLIENT WILL RECEIVE, A FULLY EXECUTED COPY OF THIS AGREEMENT. DATED: ___ March 1, 2019. inate "Dr. Fred Geis! —™ peck Norman Fleming" snes a tes DATED: March ) 2 d 9 LAW OFFICES OF JEFFREY F. RYAN, > An Assi ation of Attorneys By: Ee Now that the above formalities have been addressed, | would like to say that we very much look forward to representing you and working with you toward an carly and favorable resolution of this dispute. Ver truly yours. JFR rh F Regen EXHIBIT B View Document - Supreme Court Order Pages: 2 SUPREME COURT ED OCT 1.8 2018 (State Bar Court No. 14-0-06405) Jorge Navarrete Clerk 8250319 Deputy IN THE SUPREME COURT OF CALIFORNIA En Bane Inre JEFFREY FILON RYAN on Discipline The court orders that Jeffrey Filon Ryan, State Bar Number 129079, is suspended from the practice of law in California for one year, execution of that period of suspension is stayed, and he is placed on probation for one year subject to the following conditions: 1. Jeffrey Filon Ryan is suspended from the practice of law for the first 90 days of probation; 2. Jeffrey Filon Ryan must comply with the other conditions of probation EXHIBIT C recommended by the Hearing Department of the State Bar Court in its Order Approving Stipulation filed on June 1, 2018; and At the expiration of the period of probation, if Jeffrey Filon Ryan has complied with all conditions of probation, the period of stayed suspension will be satisfied and that suspension will be terminated. Jeffrey Filon Ryan must also take and pass the Multistate Professional Responsibility Examination within one year after the effective date of this order and provide satisfactory proof of such passage to the State Bar’s Office of Probation in Los Angeles within the same period. Failure to do so may result in suspension. (Cal. Rules of Court, rule 9.10(b).) Jeffrey Filon Ryan must also comply with California Rules of Court, rule 9.20, and perform the acts specified in subdivisions (a) and (c) of that rule within 30 and 40 calendar days, respectively, after the effective date of this order. Failure to do so may result in disbarment or suspension. kwiktag® 241 070 671 LOCA | ll Costs are awarded to the State Bar in accordance with Business and Professions Code section 6086.10 and are enforceable both as provided in EXHIBIT C Business and Professions Code section 6140.7 and as a money judgment. One-third of the costs must be paid with his membership fees for each of the years 2019, 2020, 2021. If Jeffrey Filon Ryan fails to pay any installment as described above, or as may be modified by the State Bar Court, the remaining balance is due and payable immediately. SANTIL-SAKAUYE Chief Justice I, Jorge Navarrete, Clerk of the Supreme Court of the State of California, do hereby certify that the preceding is a true copy of an order of this Court as EXHIBIT C shown by the records of my office. Witness my hand and the seal of the Court this cayor OCT 18 201 Month » CA Pages: 2 Back Download Document From: William Leet Sent: Monday, March 11, 2019 4:21 PM To: ‘Jeffrey Ryan' Subject: RE: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman's Demurrer to Fourth Amended Complaint Here ya go. Are you putting together a new retainer agreement with the clients that specifies it is a contingent fee split between more than one firm? | know you do this all the time—but that’s what | recall from the last time | did one. Carlos l| Leet Law ww m t wtf ft EXHIBIT D From: Jeffrey Ryan Sent: Monday, March 11, 2019 4:54 PM To: William Leet Subject: RE: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman's Demurrer to Fourth Amended Complaint Yes. It is done. It lists the fee as 1/3 up to 120 days before trial and then 40% thereafter. It specially lists our agreement of the fee split between your firm and mine (you get 1/3 of the fee and | get 2/3). Jeff Jeffrey Ryan Attorney Law Offices of Jeffrey F. Ryan An Association of Attorneys 2000 Broadway Street Redwood City, CA 94063-1802 (650) 922-2341 jeff@jeffreyryaniaw.com www.jeffreyryaniaw.com CONFIDENTIALITY STATEMENT The information, facts and statements madein this electronic mail is intended for the named recipient(s) only. It may contain attorney-client privileged and/ or confidential communications and information. If you have received this e- mail in error, please notify the sender immediately by replying to this e-mail or by calling (650) 691-1430 and delete the message. Please do not disclose the contents of this e-mail to anyone not immediately concerned with the subject matter thereof. Thank you. EXHIBIT E From: William Leet Sent: Monday, March 11, 2019 5:06 PM To: ‘Jeffrey Ryan' Subject: RE: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman's Demurrer to Fourth Amended Complaint Okay thanks. | will take it from that there are no other liens, advanced costs or anything else in front of us. TL William Carlos Leet 210N. 4" Street, Ste. 201 San Jose, CA 95112 T: 408.753.5486 Leet Law F: 408.295.5799 www.leetlaw.com This email is intended solely for the use of the intended recipient and may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law. If the reader of this email is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replyingto the original sender and delete all copies of this email. EXHIBIT F From: Jeffrey Ryan Sent: Monday, March 11, 2019 5:27 PM To: William Leet Subject: RE: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman's Demurrer to Fourth Amended Complaint Dr. Geisler paid all costs and fees due along the way (although fees were at half hourly rate). So we went from a 20% contingent fee to 33.33% to 40% 120 days before trial fee but we no longer get paid fees at half hourly rate. The only lien is Jennifer gets paid the other half of her hourly rate when | get paid out of a settlement. Her current lien is for $200,000 and her work ends as soon as you are up to speed and ready to replace her. Misasha will continue to work on the case at $100/hour and the client will pay her that amount. As for Jennifer’s lien, | suggest we split it 50/50 as we both benefited from her work on the case. Jeff Jeffrey Ryan Attorney Law Offices of Jeffrey F. Ryan An Association of Attorneys 2000 Broadway Street Redwood City, CA 94063-1802 (650) 922-2341 jeff@jeffreyryaniaw.com www.jeffreyryaniaw.com CONFIDENTIALITY STATEMENT The information, facts and statements madein this electronic mail is intended for the named recipient(s) only. It may contain attorney-client privileged and/ or confidential communications and information. If you have received this e- mail in error, please notify the sender immediately by replying to this e-mail or by calling (650) 691-1430 and delete the message. Please do not disclose the contents of this e-mail to anyone not immediately concerned with the subject matter thereof. Thank you. EXHIBIT G From: William Leet Sent: Monday, March 11, 2019 5:49 PM To: ‘Jeffrey Ryan' Subject: RE: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman's Demurrer to Fourth Amended Complaint I’m not seeing it that way on Jennifer’s lien. That’s also a big factor to not bring up until now. I’m willing to move forward on the 1/3 2/3 split, but not if there is a $200k lien in front of it. Carlos TIL William Carlos Leet 210 N. 4" Street, Ste. 201 San Jo: CA 95112 408. 486 Leet Law F: 408.295.5799 www.leetlaw.com This email is intended solely for the use of the intended recipient and may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law. If the reader of this email is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the original sender and delete all copies of this email EXHIBIT H From: Jeffrey Ryan Sent: Monday, March 11, 2019 5:56 PM To: William Leet Subject: Re: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman's Demurrer to Fourth Amended Complaint Ok. | will pay Jen’s lien from my 2/3 share of any recovery. | Don’t think it is fair as you are coming into this case a year and a half after it started. You have the benefit of the teams work to date, and you just have to help push it across the finish line. Jeff Sent from my iPhone EXHIBIT | From: William Leet Sent: Monday, March 11, 2019 6:13 PM To: ‘Jeffrey Ryan' Subject: RE: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman's Demurrer to Fourth Amended Complaint Jeff, V'll tell you what: | know you think this case will produce—| just don’t know it well enough to make that call yet. On the other hand, if it’s all it’s cracked up to be, | don’t want to overreach. Here’s what | propose: If my share exceeds $500k, | will reimburse you for $20k of Jennifer’s lien for every $100k after that to a max of $66k. So, if my share ends up hitting or exceeding $900k, | will end up reimbursing you for 1/3 of Jennifer’s current lien, which | think is a more appropriate split, based on our 1/3--2/3 division. To be perfectly clear, if my share is $550k, there is no reimbursement. If it is $601K, there is a $20k reimbursement, if it is $701k, there is a $40k reimbursement, and so on up to $66k. Fair? Carlos William Carlos | — | 210 N 4 Stre Ste 201 San Jo 8.7 5486 Leet Law F 408.2) 579) www.leetlaw.com Thi ai re ntair infe ion that s pr le ti or other id re und: r¢ ne in ecipient, you ar ti d ributi 1 opyi his c ymunica ni tl yc vave recei nis ec nmunication in ease notify us mediately b plyin the original all copie vail EXHIBIT J From: Jeffrey Ryan Sent: Monday, March 11, 2019 9:04 PM To: William Leet Subject: Re: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman's Demurrer to Fourth Amended Complaint Fairer. Jeff Sent from my iPhone EXHIBIT K From: William Leet Sent: Tuesday, April 2, 2019 12:53 PM To: ‘Jeffrey Ryan' Subject: RE: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman's Demurrer to Fourth Amended Complaint Jeff, | was just organizing email on this file and was going to file this under deal terms. But review shows terms were never solidly confirmed in the thread below. Please reply “confirmed” to confirm the terms set forth in my message below of Mar 11, 2019, at 6:13 PM accurately describe our fee-sharing agreement on this file. Thanks. Carlos William Carlos Leet — | 210N 4 Street, Ste. 201 San Jose, CA 12 408.753.5486 Leet Law F 408.295.57 www.leetlaw.com This email is intended solely for the use of the ended recipient ai nal contain information that is privilege confide tial or otherwise exem rom di sure under applicable law he reader of this email is not the intended recipient, you are hereby notified that any disse nation, d tribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the o nal sender and delete all copies of this ema EXHIBIT L From: Jeffrey Ryan To: William Leet Subject: Re: Geisler v. Johnston, et al. - Case No.: 17CIV02888 - TeDan, Bass, and Fishman"s Demurrer to Fourth Amended Complaint Date: Tuesday, April 2, 2019 1:48:37 PM Confirmed. Jeff Sent from my iPhone EXHIBIT M Messages exported from: William‘: il Phone (+17073035338) With: Jeffrey Ryan (4085074736) PDF created with Decipher TextMessage (deciphertools.com) 11/20/2020 1:08 PM William's iPhone (+17073035338) OMEN seney 11/20/2020 1:26 PM (Viewed 11/20/2020 1:34 PM) Jeffrey Ryan (4085074736) Slowly 11/20/2020 1:54 PM (Viewed 11/20/2020 2:52 PM) Jeffrey Ryan (4085074736) Nagle is trying to get TeDan up to $4M 11/20/2020 1:54 PM (Viewed 11/20/2020 2:52 PM) Jeffrey Ryan (4085074736) If he is successful then we need to get Fred to take it 11/20/2020 2:52 PM William's iPhone (+17073035338) 11/20/2020 3:58 PM (Viewed 11/20/2020 4:11 PM) Jeffrey Ryan (4085074736) More settlement talks on Monday 11/20/2020 4:12 PM William's iPhone (+17073035338) ecient id 11/20/2020 4:14 PM (Viewed 11/20/2020 4:21 PM) Jeffrey Ryan (4085074736) Yes 11/25/2020 7:53 PM William's iPhone (+17073035338) ee 11/25/2020 7:55 PM (Viewed 11/25/2020 8:01 PM) Jeffrey Ryan (4085074736) No. Bill did not get out the letter today as he promised. He is too busy. It probably will go out Monday 1/4/2021 11:35 AM Jeffrey Ryan (4085074736) Sorry, | can't talk right now. 1/4/2021 11:36 AM William's iPhone (+17073035338) Neue Rie sa hl tacuk OMe Run tate ale Redes Cellule gd 1/4/2021 12:00 PM (Viewed 1/4/2021 12:31 PM) Jeffrey Ryan (4085074736) In trial today. Let's talk tomorrow 1/4/2021 12:31 PM ian iPhone (+17073035338) Tae EXHIBIT N 1/5/2021 12:38 PM (Viewed 1/5/2021 1:07 PM) Jeffrey Ryan (4085074736) A lot of balls up in the air Leet. Friday is a big day. TeDan has to say yay or nay on the mediators proposal 1/5/2021 1:07 PM William's iPhone (+17073035338) OMe nse Jeffrey Ryan (4085074736) 1/5/2021 1:24 PM (Viewed 1/5/2021 1:35 PM) Leet: Do you keep track of your time on the case? The reason | ask is Fred is entitled to recover attorneys fees on the derivative claims and we will need to submit our bills to judge Weiner 1/5/2021 1:38 PM William's iPhone (+17073035338) Tue sak Re Rem peer enh ek EVR eae eee eRe Lg Clad mia eR CCEA Mele meme ac em aki AOR R eC eee is 1/5/2021 1:38 PM (Viewed 1/5/2021 1:39 PM) Jeffrey Ryan (4085074736) Got it. We don't need it now. Just checking. 1/5/2021 1:39 PM William's iPhone (+17073035338) aoa RUC ait keke RTM -e-eelle Rael el 1/5/2021 1:40 PM Jeffrey Ryan (4085074736) $50K? $75,000? 1/5/2021 1:42 PM ian iPhone (+17073035338) Sosa ee ele) 1/5/2021 1:42 PM Jeffrey Ryan (4085074736) More? 1/5/2021 1:47 PM William's iPhone (+17073035338) Bee eR) Al oe Ce) Cn eR ETUC euk Se RCM Re kek em ay eee Pee ened Meer Kned ec oie ural Ret a P100) aM 1/5/2021 1:48 PM Jeffrey Ryan (4085074736) Gotcha. 4/12/2021 11:22 AM ian iPhone (+17073035338) SET arsed ae ee Reais 4/12/2021 11:23 AM (Viewed 4/12/2021 1 7 AM) Jeffrey Ryan (4085074736) Yes. We are working on a settlement. We are getting close. Will keep you posted. 4/12/2021 11:27 AM William's iPhone (+17073035338) EXHIBIT N 4/23/2021 9:21 PM (Delivered 4/24/2021 3:48 AM) liam’s iPhone (+17073035338) felt Tauonnl Message sent originally as iMessage and fai Re-sent later as SM: 4/24/2021 3:48 AM (Viewed 4/24/2021 8:31 AM) Jeffrey Ryan (4085074736) deed 4/24/2021 3:48 AM (Viewed 4/24/2021 8:31 AM) Jeffrey Ryan (4085074736) Indeed 37 total messages and 0 total images. EXHIBIT N 8/18/2021 Details Case Information 17-ClV-02888 | FRED GEISLER, MD vs TERRY JOHNSTON Case Number Court Judicial Officer 17-ClV-02888 Civil Unlimited Weiner, Marie S. File Date Case Type Case Status 06/28/2017 Complex Civil Unlimited Active Party Plaintiff Active Attorneys ¥ GEISLER, FRED H., MD Attorney RYAN, JEFFREY F. Retained Lead Attorney LEET, WILLIAM CARLOS Retained Plaintiff Active Attorneys ¥ FLEMING, NORMAN C. Attorney RYAN, JEFFREY F. Retained Lead Attorney LEET, WILLIAM CARLOS Retained hitps:fodypokan So BL ERAT on G DortautiomervorkspaceMode?p-0#0therEvents 1/298 8/18/2021 Details Plaintiff Active Attorneys ¥ ZISCHKE, GENA Attorney Aliases RYAN, JEFFREY F. Retained OBO RHAUSLER, INC. Lead Attorney LEET, WILLIAM CARLOS Retained Plaintiff Active Attorneys ¥ COPERNICUS DYNAMICS, LP Lead Attorney RYAN, JEFFREY F. Retained Attorney HAGAN, JENNIFER J. Retained Plaintiff Active Attorneys ¥ ROES 1-25, INCLUSIVE Lead Attorney RYAN, JEFFREY F. Retained Attorney HAGAN, JENNIFER J. Retained Defendant Active Attorneys ¥ JOHNSTON, TERRY J. Pro Se Address 7551 SAGUARO CACTUS AVENUE LAS VEGAS NV 89178 Defendant