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KASEY DIBA, ESQ. (SBN 171081)
1 MATTHEW SICHI, ESQ. (SBN 306165)
FINNEGAN & DIBA, A LAW CORPORATION
2 3660 Wilshire Boulevard, Suite 800
Los Angeles, California 90010
3 Telephone: (213) 480-0292
Facsimile: (213) 480-0805
4
Attorneys for Respondents FJM Private Mortgage, LLC, FJM Capital, Inc. dba First Bridge Lending, FJM
5 Management, LLC dba First Bridge Lending
6
SUPERIOR COURT OF THE STATE OF CALIFORNIA
7
FOR THE COUNTY OF SONOMA
8
9 In the Matter of the Arbitration between Case No.: SCV-267331
10 Nicholas and Sharon Honchariw, Assigned for All Purposes to:
Hon. Christopher Honigsberg
11 Petitioners
12 vs. SUPPLEMENTAL DECLARATION OF
MATTHEW SICHI IN SUPPORT OF
13 FJM Private Mortgage Fund, LLC, FJM Capital, RESPONDENTS’ OPPOSITION TO
Inc., dba First Bridge Lending, FJM MOTION FOR ATTORNEY’S FEES AND
14 Management, LLC dba First Bridge Lending; COSTS
and DOES 1 through 5, inclusive,
15
Respondents.
16 Date: September 20, 2023
Time: 3:00 PM
17 Dept.: 18
18
19 (Submitted concurrent with Memorandum of
Points and Authorities and Request for Judicial
20 Notice; and Declaration of Matthew Sichi)
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SUPPLEMENTAL DECLARATION OF MATTHEW SICHI IN SUPPORT OF
RESPONDENTS’ OPPOSITION TO MOTION FOR ATTORNEY’S FEES AND COSTS
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SUPPLEMENTAL DECLARATION OF MATTHEW SICHI
2
3 I, Matthew Sichi, declare as follows:
4 1. I am an attorney at law duly admitted to practice before all the courts of the State of
5 California and the Attorney of record for all Respondents in the above captioned action. All the facts
6 contained herein are of my personal knowledge with exception to what has been set forth herein on the
7 basis of my information and belief and if called as a witness I would and could competently testify
8 thereto.
9 2. I am submitting this Supplemental Declaration in support of Respondents’ Opposition
10 to Petitioners’ Motion for Attorney Fees and as a Supplement to the Declaration filed earlier this day.
11 3. That on August 18, 2023, I caused to propound written Requests for Production on
12 Nicholas Honchariw in the pending arbitration before the American Arbitration Association entitled
13 Honchariw v. FJM Private Mortgage Fund, LLC, et al. A true and correct copy attached hereto as
14 Exhibit A.
15 4. That those requests sought, amongst other things,
16 a. Request No. 7: “Any and all documents evidencing an attorney-client contingency
17 fee agreement between Nicholas Honchariw and Sharon Honchariw for
18 representation in any proceedings against the Respondents in this action.”
19 b. Request No. 8: “Any and all documents utilized in creating YOUR Time Log’s
20 attached as Exhibit A to YOUR declaration dated June 7, 2023, in support of motion
21 for attorney’s fees and costs.”
22 5. That on September 7, 2023, and after Respondents filed their opposing papers to
23 Petitioners’ Motion for Attorney’s Fees, set for hearing September 20, 2023, Respondents served
24 their response to the aforementioned requests for production. A true and correct copy of said
25 responses is attached hereto as Exhibit B.
26 6. That those responses, with respect to requests number 7 and 8, read as follows:
27
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SUPPLEMENTAL DECLARATION OF MATTHEW SICHI IN SUPPORT OF
RESPONDENTS’ OPPOSITION TO MOTION FOR ATTORNEY’S FEES AND COSTS
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1 a. Response to Request No. 7: Responding Party objects to the production of any
2 attorney-client contingency fee agreement on the grounds that any agreement is
3 neither relevant nor will lead to the discovery of admissible evidence.
4 b. Response to Request No. 8: Responding Party objects to production of documents
5 utilized in creating time logs in support of his motion for attorney fees in the
6 Superior Court of Sonoma County on the grounds that they are neither relevant nor
7 will lead to the discovery of admissible evidence.
8 7. Thus, although highly relevant to the instant fee motion in a matter over which this
9 Court maintains jurisdiction, Petitioners decline to produce on grounds of relevance, records which
10 would substantiate (1) an attorney-client relationship between Nicholas and Sharon Honchariw, and (2)
11 the attorney’s fees sought by Petitioners.
12 8. For these reasons, in addition to those briefed in Respondents’ points and authorities, I
13 respectfully ask that the Court disregard any additional argument or evidence related to the two
14 aforementioned categories which may be submitted by Petitioners in with their reply memorandum.
15 I declare the foregoing is true under the penalty of perjury under the laws of the State of
16 California. Executed this 7th day of September 2023, at Los Angeles, California.
17
__________________________
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Declarant, Matthew Sichi
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SUPPLEMENTAL DECLARATION OF MATTHEW SICHI IN SUPPORT OF
RESPONDENTS’ OPPOSITION TO MOTION FOR ATTORNEY’S FEES AND COSTS
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KASEY DIBA, ESQ. (SBN 171081)
1 MATTHEW SICHI, ESQ. (SBN 306165)
FINNEGAN & DIBA, A LAW CORPORATION
2 3660 Wilshire Boulevard, Suite 800
Los Angeles, California 90010
3 Telephone: (213) 480-0292
Facsimile: (213) 480-0805
4
5 Attorneys for Respondents FJM Private Mortgage, LLC, FJM Capital, Inc. dba First Bridge Lending,
FJM Management, LLC dba First Bridge Lending
6
AMERICAN ARBITRATION ASSOCIATION
7
COMMERCIAL ARBITRATION TRIBUNAL
8
9 In the Matter of the Arbitration between Case No.: 03-19-0003-1828
Nicholas and Sharon Honchariw,
10
Petitioners RESPONDENT’S REQUESTS FOR
11 PRODUCTION OF DOCUMENTS, SET
vs. ONE
12
FJM Private Mortgage Fund, LLC, FJM Capital,
13 Inc., dba First Bridge Lending, FJM
Management, LLC dba First Bridge Lending;
14 and DOES 1 through 5, inclusive,
15 Respondents.
16
17
18 PROPOUNDING PARTY: Respondent FJM Management, LLC
19 RESPONDING PARTY: Nicholas Honchariw
20 SET NUMBER: ONE
21 TO RESPONDING PARTY AND THEIR ATTORNEYS OF RECORD:
22 Respondent FJM Management, LLC (Hereinafter “RESPONDENT”), request that Claimant
23 Nicholas Honchariw, (Hereinafter “CLAIMAINT”), answer under oath, fully and separately, pursuant
24 to California Code of Civil Procedure §2031.020 and Scheduling Order No. 2 entered in this matter June
25 23, 2023, the following Requests for Production, Set Number One, within twenty (20) days after service
26 thereof.
27 Respondents request that the documents and things herein requested be produced to
28 Respondents’ attorney, FINNEGAN & DIBA, ALC, 3660 Wilshire Boulevard, Suite 800, Los
RESPONDENT’S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
1
1 Angeles, CA 90010 on the 20th day after service of this request. Claimant is also required to
2 appropriately designate each document and thing produced so as to indicate the paragraph above
3 pursuant to which each document and thing is produced. If a document or thing is produced pursuant
4 to more than one paragraph, the designation should so indicate.
5 I.
6 DEFINITIONS
7 A. PRIVILEGE LOG FOR DOCUMENTS WITHHELD.
8 If any documents are withheld under a claim of privilege or other protection, so as to aid the
9 court and the parties hereto to determine the validity of the claim of privilege or other protection,
10 please provide the following information with respect to any such document:
11 1. The identity of the person(s) who prepared the document, who signed it, and over
12 whose name it was sent or issued;
13 2. The identity of the person(s) to whom the document was directed;
14 3. The nature and substance of the document with sufficient particularity to enable
15 the Court and parties hereto to identify the document;
16 4. The date of the document;
17 5. The identity of the person(s) having custody of or control over the document and
18 each copy thereof;
19 6. The identity of each person to whom copies of the document were furnished;
20 7. The number of pages;
21 8. The basis on which any privilege or other protection is claimed; and
22 9. Whether any non-privileged or non-protected matter is included in the document.
23 B. PARTIAL PRODUCTION
24 Whenever you object to a particular demand, or portion thereof, you must produce all
25 documents called for which are not subject to the objection. Similarly, wherever a document is not
26 produced in full, please state with particularity the reason or reasons it is not being produced in full,
27 and describe, to the best of your knowledge, information and belief and with as much particularity as
28 possible, those portions of the document which are not produced.
RESPONDENT’S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
2
1 C. ORDERLY RESPONSE
2 Wherever it is reasonably practicable, please produce documents in such a manner as will
3 facilitate their identification with the particular demand or category of demands to which they are
4 responsive.
5 D. ORDERLY PRODUCTION
6 Pursuant to California Code of Civil Procedure section 2031.280, each document and/or thing produced
7 in response hereto shall either be produced as it is kept in the usual course of business, including all file
8 folders, binders, notebooks and other devices by which such papers or things may be organized or
9 separated, or shall be organized and labeled to correspond with the categories of the demand in response
10 to which it is being produced.
11 REQUESTS FOR PRODUCTION
12 REQUEST FOR PRODUCTION NO. 1:
13 A true and correct copy of the TRANSCRIPT OF PROCEEDINGS of the FIRST
14 ARBITRATION. (TRANSCRIPT OF PROCEEDINGS means the audio, video, or written transcript
15 as referenced by you in both your October 30, 2020, Declaration in Support of Petition to Vacate filed
16 with the Superior Court and April 16, 2022, Appellant’s Opening Brief filed with the First District
17 Court of Appeals; FIRST ARBITRATION means the arbitration proceedings before the American
18 Arbitration Association bearing case number 01-19-0003-1828 on June 23 - 24, 2020).
19 REQUEST FOR PRODUCTION NO. 2:
20 A true and correct copy of any and all correspondence YOU maintained with any regulatory
21 authority, including the Department of Real Estate, Department of Business Oversight, and Department
22 of Financial Protection and Innovation, regarding any of the Respondents in this action from January 1,
23 2018, to present.
24 REQUEST FOR PRODUCTION NO. 3:
25 Copies of all RECORDS from YOUR Bank of America bank account number ********4898
26 for the period January 1, 2018, through December 31, 2019. (RECORDS means all bank records
27 inclusive of statements, cancelled checks, online bill pay requests, ACH payment records, and auto-pay
28 records; YOUR means Claimant Nicholas Honchariw).
RESPONDENT’S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
3
1 REQUEST FOR PRODUCTION NO. 4:
2 Any and all documents in support of YOUR contention that THE LOAN was brokered by a
3 Department of Real Estate broker. (YOUR means Claimant Nicholas Honchariw; THE LOAN means
4 the $5.6M loan made to Nicholas and Sharon Honchariw by FJM Private Mortgage Fund, LLC in or
5 about December 2018).
6 REQUEST FOR PRODUCTION NO. 5:
7 Any and all UTILITY STATEMENTS for the TIBURON PROPERTY from the period January
8 1, 2018, through December 31, 2019. (UTILITY STATEMENTS means monthly statements from utility
9 providers, including Pacific Gas & Electric, Marin Municipal Water District, Mill Valley Refuse,
10 Comcast, and AT&T; TIBURON PROPERTY means the real property located at 3 Via Paraiso West,
11 Tiburon, California 94920).
12 REQUEST FOR PRODUCTION NO. 6:
13 Any and all appraisal reports for the TIBURON PROPERTY from January 1, 2015, through the
14 date of sale in 2022. (TIBURON PROPERTY means the real property located at 3 Via Paraiso West,
15 Tiburon, California 94920).
16 REQUEST FOR PRODUCTION NO. 7:
17 Any and all documents evidencing an attorney-client contingency fee agreement between
18 Nicholas Honchariw and Sharon Honchariw for representation in any proceedings against the
19 Respondents in this action.
20 REQUEST FOR PRODUCTION NO. 8:
21 Any and all documents utilized in creating YOUR Time Log’s attached as Exhibit A to YOUR
22 declaration dated June 7, 2023, in support of motion for attorney’s fees and costs.
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RESPONDENT’S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
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1 Dated: August 18, 2023 FINNEGAN & DIBA, A LAW CORPORATION
2
3
4
By:
5 MATTHEW SICHI, ESQ.
Attorneys for Respondents FJM Private Mortgage,
6 LLC, FJM Capital, Inc. dba First Bridge Lending,
FJM Management, LLC dba First Bridge Lending
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RESPONDENT’S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
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PROOF OF SERVICE
1
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
3 not a party to the within action; my business address is: 3660 Wilshire Boulevard, Suite 800, Los
Angeles, California 90010.
4
On the date herein below specified, I served the foregoing document described as set forth below
5 on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes, at Los
Angeles, California, addressed as follows:
6
Date of Service: AUGUST 18, 2023
7
Document(s) Served: RESPONDENT FJM MANAGEMENT, LLC’S REQUESTS FOR
8 PRODUCTION OF DOCUMENTS, SET ONE
9
Person(s) Served: NICHOLAS HONCHARIW, ESQ.
10 429 DUBOIS LANE
GENOA, NV 89411
11 NH@NHPART.COM
12 (BY U.S. Mail) I enclosed the documents in a sealed envelope or package addressed to the
address above and deposited the sealed envelope with the United States Postal Service, with the postage
13 fully prepaid or placed the envelope for collection and certified mailing with return receipt, in a sealed
envelope with postage fully prepaid.
14 (BY OVERNIGHT DELIVERY) I enclosed the documents in an envelope or package provided
by an overnight deliver carrier and addressed to the persons at the addresses above. I placed the envelope
15 or package for collection and overnight delivery at an office or a regularly utilized drop box of the
overnight delivery carrier.
16 (BY FAX) I faxed the documents to the persons at the fax numbers listed above. No error was
reported by the fax machine that I used.
17 (BY MESSENGER SERVICE) I served the documents by placing them in an envelope or
package addressed to the addresses above and provided them to a professional messenger service for
18 personal service on this date.
(BY PERSONAL SERVICE) I personally delivered by hand to the offices of the addressee(s).
19
XX (BY EMAIL TRANSMISSION) I emailed a copy of the foregoing document(s) this date via
20 email to the email addresses shown above.
21 XX (STATE) I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.
22
EXECUTED at Los Angeles, California, on August 18, 2023
23
24 Declarant, Matthew Sichi
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1
PROOF OF SERVICE
1 Nicholas Honchariw
429 Dubois Lane
2
PO Box 1452
3 Genoa NV 89411
(415) 225 3048
4 nh@nhpart.com
5
State Bar No: 55126
6 Attorney for Claimants
Nicholas and Sharon Honchariw
7
8
9 American Arbitration Association
10 Commercial Arbitration Tribunal
11
12 Nicholas and Sharon Honchariw, ) CASE NO.: 03-19-0003-1828
13
Claimants, ) RESPONSES TO REQUESTS
) FOR PRODUCTION OF DOCUMENTS,
14 v. ) SET ONE
)
15
)
16 First Bridge Lending, FJM Private )
Mortgage Fund, LLC, FJM Capital, )
17 Inc., and FJM Management, LLC, )
Respondents )
18
)
19 ------------------------------------------------------
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Propounding Party: Respondent FJM Management, LLC
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Set Number: One
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Responding Party: Claimant Nicholas Honchariw
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Responding Party hereby responds to the Request for Production of Documents, Set
25
One, of Respondent FJM Management, LLC, as follows. These responses are based
26
on investigation and evidence available to Responding Party as of the date of this
27
response. Responding Party reserves the right to amend or supplement such
28
responses based on future and ongoing investigation and discovery.
1
Claimant’s Responses to Requests for Production of Documents, Set One
1
2
3 RESPONSE TO REQUEST NO. 1
4 Responding Party has no copy of the TRANSCRIPT OF PROCEEDINGS and is
5 unaware that any copy exists.
6
7 RESPONSE TO REQUEST NO. 2
8 Responding Party has no copy of any correspondence with any regulatory
9 authority.
10
11 RESPONSE TO REQUEST NO.3
12 Responding Party objects to the production of RECORDS on the grounds of
13 financial privacy and intrusiveness. Also the RECORDS are not relevant, nor will lead
14 to the discovery of admissible evidence.
15
16 RESPONSE TO REQUEST NO. 4
17 Attached.
18
19 RESPONSE TO REQUEST NO.5 .
20 Responding Party objects to the production of UTILITY STATEMENTS on the
21 grounds of financial privacy and intrusiveness. Also the UTIITY STATEMENTS are
22 not relevant, nor will lead to the discovery of admissible evidence.
23
24 RESPONSE TO REQUEST NO.6
25 Attached.
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27 RESPONSE TO REQUEST NO.7:
28
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Claimant’s Responses to Requests for Production of Documents, Set One
1 Responding Party objects to the production of any attorney-client contingency fee
2 agreement on the grounds that any agreement is neither relevant nor will lead to the
3 discovery of admissible evidence.
4
5 RESPONSE TO REQUEST NO.8
6 Responding Party objects to production of documents utilized in creating time logs
7 in support of his motion for attorney fees in the Superior Court of Sonoma County on
8 the grounds that they are neither relevant nor will lead to the discovery of admissible
9 evidence.
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12 Dated: September 7 2023
13 _____________________________
14 Nicholas Honchariw, Counsel for Claimants
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Claimant’s Responses to Requests for Production of Documents, Set One
1 VERIFICATION
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3 STATE OF NEVADA, COUNTY OF DOUGLAS
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5 I have read the foregoing RESPONSES TO REQUESTS FOR PRODUCTION OF
6 DOCUMENTS and know its contents.
7 I am a party to this action. The matters stated in the foregoing document are true
8 of my own knowledge except as to those matters which are stated on information and
9 belief, and as to those matters I believe them to be true.
10
11
12 I declare under penalty of perjury under the laws of the State of Nevada that the
13 foregoing is true and correct.
14 Executed on September 7 2023, at Genoa, Douglas County, Nevada
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17 _________________________________
18 Nicholas Honchariw
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Claimant’s Responses to Requests for Production of Documents, Set One
PROOF OF SERVICE
1
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
3 not a party to the within action; my business address is: 3660 Wilshire Boulevard, Suite 800, Los
Angeles, California 90010.
4
On the date herein below specified, I served the foregoing document described as set forth below
5 on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes, at Los
Angeles, California, addressed as follows:
6
Date of Service: SEPTEMBER 7, 2023
7
8 Document(s) Served: SUPPLEMENTAL DECLARATION OF MATTHEW SICHI
9 Person(s) Served: NICHOLAS HONCHARIW
429 DUBOIS LANE
10 P.O. BOX 1452
11 GENOA, NV 89411
NH@NHPART.COM
12
13
(BY U.S. Mail) I enclosed the documents in a sealed envelope or package addressed to the
14 address above and deposited the sealed envelope with the United States Postal Service, with the postage
fully prepaid or placed the envelope for collection and certified mailing with return receipt, in a sealed
15 envelope with postage fully prepaid.
16 (BY OVERNIGHT DELIVERY) I enclosed the documents in an envelope or package provided
by an overnight deliver carrier and addressed to the persons at the addresses above. I placed the envelope
17 or package for collection and overnight delivery at an office or a regularly utilized drop box of the
overnight delivery carrier.
18
(BY FAX) I faxed the documents to the persons at the fax numbers listed above. No error was
19 reported by the fax machine that I used.
20 (BY MESSENGER SERVICE) I served the documents by placing them in an envelope or
package addressed to the addresses above and provided them to a professional messenger service for
21 personal service on this date.
(BY PERSONAL SERVICE) I personally delivered by hand to the offices of the addressee(s).
22
XX (BY EMAIL TRANSMISSION) I emailed a copy of the foregoing document(s) this date via
23 email to the email addresses shown above.
24
XX (STATE) I declare under penalty of perjury under the laws of the State of California that the
25 above is true and correct.
26 EXECUTED at Los Angeles, California, on September 7, 2023
27
28
Declarant, Matthew Sichi
1
PROOF OF SERVICE
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KASEY DIBA, ESQ. (SBN 171081) 1 MATTHEW SICHI, ESQ. (SBN 306165) FINNEGAN & DIBA, A LAW CORPORATION 2 3660 Wilshire Boulevard, Suite 800 Los Angeles, California 90010 3 Telephone: (213) 480-0292 Facsimile: (213) 480-0805 4 Attorneys for Respondents FJM Private Mortgage, LLC, FJM Capital, Inc. dba First Bridge Lending, FJM 5 Management, LLC dba First Bridge Lending 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 FOR THE COUNTY OF SONOMA 8 9 In the Matter of the Arbitration between Case No.: SCV-267331 10 Nicholas and Sharon Honchariw, Assigned for All Purposes to: Hon. Christopher Honigsberg 11 Petitioners 12 vs. SUPPLEMENTAL DECLARATION OF MATTHEW SICHI IN SUPPORT OF 13 FJM Private Mortgage Fund, LLC, FJM Capital, RESPONDENTS’ OPPOSITION TO Inc., dba First Bridge Lending, FJM MOTION FOR ATTORNEY’S FEES AND 14 Management, LLC dba First Bridge Lending; COSTS and DOES 1 through 5, inclusive, 15 Respondents. 16 Date: September 20, 2023 Time: 3:00 PM 17 Dept.: 18 18 19 (Submitted concurrent with Memorandum of Points and Authorities and Request for Judicial 20 Notice; and Declaration of Matthew Sichi) 21 22 23 24 25 26 27 28 SUPPLEMENTAL DECLARATION OF MATTHEW SICHI IN SUPPORT OF RESPONDENTS’ OPPOSITION TO MOTION FOR ATTORNEY’S FEES AND COSTS 1 1 SUPPLEMENTAL DECLARATION OF MATTHEW SICHI 2 3 I, Matthew Sichi, declare as follows: 4 1. I am an attorney at law duly admitted to practice before all the courts of the State of 5 California and the Attorney of record for all Respondents in the above captioned action. All the facts 6 contained herein are of my personal knowledge with exception to what has been set forth herein on the 7 basis of my information and belief and if called as a witness I would and could competently testify 8 thereto. 9 2. I am submitting this Supplemental Declaration in support of Respondents’ Opposition 10 to Petitioners’ Motion for Attorney Fees and as a Supplement to the Declaration filed earlier this day. 11 3. That on August 18, 2023, I caused to propound written Requests for Production on 12 Nicholas Honchariw in the pending arbitration before the American Arbitration Association entitled 13 Honchariw v. FJM Private Mortgage Fund, LLC, et al. A true and correct copy attached hereto as 14 Exhibit A. 15 4. That those requests sought, amongst other things, 16 a. Request No. 7: “Any and all documents evidencing an attorney-client contingency 17 fee agreement between Nicholas Honchariw and Sharon Honchariw for 18 representation in any proceedings against the Respondents in this action.” 19 b. Request No. 8: “Any and all documents utilized in creating YOUR Time Log’s 20 attached as Exhibit A to YOUR declaration dated June 7, 2023, in support of motion 21 for attorney’s fees and costs.” 22 5. That on September 7, 2023, and after Respondents filed their opposing papers to 23 Petitioners’ Motion for Attorney’s Fees, set for hearing September 20, 2023, Respondents served 24 their response to the aforementioned requests for production. A true and correct copy of said 25 responses is attached hereto as Exhibit B. 26 6. That those responses, with respect to requests number 7 and 8, read as follows: 27 28 SUPPLEMENTAL DECLARATION OF MATTHEW SICHI IN SUPPORT OF RESPONDENTS’ OPPOSITION TO MOTION FOR ATTORNEY’S FEES AND COSTS 2 1 a. Response to Request No. 7: Responding Party objects to the production of any 2 attorney-client contingency fee agreement on the grounds that any agreement is 3 neither relevant nor will lead to the discovery of admissible evidence. 4 b. Response to Request No. 8: Responding Party objects to production of documents 5 utilized in creating time logs in support of his motion for attorney fees in the 6 Superior Court of Sonoma County on the grounds that they are neither relevant nor 7 will lead to the discovery of admissible evidence. 8 7. Thus, although highly relevant to the instant fee motion in a matter over which this 9 Court maintains jurisdiction, Petitioners decline to produce on grounds of relevance, records which 10 would substantiate (1) an attorney-client relationship between Nicholas and Sharon Honchariw, and (2) 11 the attorney’s fees sought by Petitioners. 12 8. For these reasons, in addition to those briefed in Respondents’ points and authorities, I 13 respectfully ask that the Court disregard any additional argument or evidence related to the two 14 aforementioned categories which may be submitted by Petitioners in with their reply memorandum. 15 I declare the foregoing is true under the penalty of perjury under the laws of the State of 16 California. Executed this 7th day of September 2023, at Los Angeles, California. 17 __________________________ 18 Declarant, Matthew Sichi 19 20 21 22 23 24 25 26 27 28 SUPPLEMENTAL DECLARATION OF MATTHEW SICHI IN SUPPORT OF RESPONDENTS’ OPPOSITION TO MOTION FOR ATTORNEY’S FEES AND COSTS 3 KASEY DIBA, ESQ. (SBN 171081) 1 MATTHEW SICHI, ESQ. (SBN 306165) FINNEGAN & DIBA, A LAW CORPORATION 2 3660 Wilshire Boulevard, Suite 800 Los Angeles, California 90010 3 Telephone: (213) 480-0292 Facsimile: (213) 480-0805 4 5 Attorneys for Respondents FJM Private Mortgage, LLC, FJM Capital, Inc. dba First Bridge Lending, FJM Management, LLC dba First Bridge Lending 6 AMERICAN ARBITRATION ASSOCIATION 7 COMMERCIAL ARBITRATION TRIBUNAL 8 9 In the Matter of the Arbitration between Case No.: 03-19-0003-1828 Nicholas and Sharon Honchariw, 10 Petitioners RESPONDENT’S REQUESTS FOR 11 PRODUCTION OF DOCUMENTS, SET vs. ONE 12 FJM Private Mortgage Fund, LLC, FJM Capital, 13 Inc., dba First Bridge Lending, FJM Management, LLC dba First Bridge Lending; 14 and DOES 1 through 5, inclusive, 15 Respondents. 16 17 18 PROPOUNDING PARTY: Respondent FJM Management, LLC 19 RESPONDING PARTY: Nicholas Honchariw 20 SET NUMBER: ONE 21 TO RESPONDING PARTY AND THEIR ATTORNEYS OF RECORD: 22 Respondent FJM Management, LLC (Hereinafter “RESPONDENT”), request that Claimant 23 Nicholas Honchariw, (Hereinafter “CLAIMAINT”), answer under oath, fully and separately, pursuant 24 to California Code of Civil Procedure §2031.020 and Scheduling Order No. 2 entered in this matter June 25 23, 2023, the following Requests for Production, Set Number One, within twenty (20) days after service 26 thereof. 27 Respondents request that the documents and things herein requested be produced to 28 Respondents’ attorney, FINNEGAN & DIBA, ALC, 3660 Wilshire Boulevard, Suite 800, Los RESPONDENT’S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE 1 1 Angeles, CA 90010 on the 20th day after service of this request. Claimant is also required to 2 appropriately designate each document and thing produced so as to indicate the paragraph above 3 pursuant to which each document and thing is produced. If a document or thing is produced pursuant 4 to more than one paragraph, the designation should so indicate. 5 I. 6 DEFINITIONS 7 A. PRIVILEGE LOG FOR DOCUMENTS WITHHELD. 8 If any documents are withheld under a claim of privilege or other protection, so as to aid the 9 court and the parties hereto to determine the validity of the claim of privilege or other protection, 10 please provide the following information with respect to any such document: 11 1. The identity of the person(s) who prepared the document, who signed it, and over 12 whose name it was sent or issued; 13 2. The identity of the person(s) to whom the document was directed; 14 3. The nature and substance of the document with sufficient particularity to enable 15 the Court and parties hereto to identify the document; 16 4. The date of the document; 17 5. The identity of the person(s) having custody of or control over the document and 18 each copy thereof; 19 6. The identity of each person to whom copies of the document were furnished; 20 7. The number of pages; 21 8. The basis on which any privilege or other protection is claimed; and 22 9. Whether any non-privileged or non-protected matter is included in the document. 23 B. PARTIAL PRODUCTION 24 Whenever you object to a particular demand, or portion thereof, you must produce all 25 documents called for which are not subject to the objection. Similarly, wherever a document is not 26 produced in full, please state with particularity the reason or reasons it is not being produced in full, 27 and describe, to the best of your knowledge, information and belief and with as much particularity as 28 possible, those portions of the document which are not produced. RESPONDENT’S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE 2 1 C. ORDERLY RESPONSE 2 Wherever it is reasonably practicable, please produce documents in such a manner as will 3 facilitate their identification with the particular demand or category of demands to which they are 4 responsive. 5 D. ORDERLY PRODUCTION 6 Pursuant to California Code of Civil Procedure section 2031.280, each document and/or thing produced 7 in response hereto shall either be produced as it is kept in the usual course of business, including all file 8 folders, binders, notebooks and other devices by which such papers or things may be organized or 9 separated, or shall be organized and labeled to correspond with the categories of the demand in response 10 to which it is being produced. 11 REQUESTS FOR PRODUCTION 12 REQUEST FOR PRODUCTION NO. 1: 13 A true and correct copy of the TRANSCRIPT OF PROCEEDINGS of the FIRST 14 ARBITRATION. (TRANSCRIPT OF PROCEEDINGS means the audio, video, or written transcript 15 as referenced by you in both your October 30, 2020, Declaration in Support of Petition to Vacate filed 16 with the Superior Court and April 16, 2022, Appellant’s Opening Brief filed with the First District 17 Court of Appeals; FIRST ARBITRATION means the arbitration proceedings before the American 18 Arbitration Association bearing case number 01-19-0003-1828 on June 23 - 24, 2020). 19 REQUEST FOR PRODUCTION NO. 2: 20 A true and correct copy of any and all correspondence YOU maintained with any regulatory 21 authority, including the Department of Real Estate, Department of Business Oversight, and Department 22 of Financial Protection and Innovation, regarding any of the Respondents in this action from January 1, 23 2018, to present. 24 REQUEST FOR PRODUCTION NO. 3: 25 Copies of all RECORDS from YOUR Bank of America bank account number ********4898 26 for the period January 1, 2018, through December 31, 2019. (RECORDS means all bank records 27 inclusive of statements, cancelled checks, online bill pay requests, ACH payment records, and auto-pay 28 records; YOUR means Claimant Nicholas Honchariw). RESPONDENT’S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE 3 1 REQUEST FOR PRODUCTION NO. 4: 2 Any and all documents in support of YOUR contention that THE LOAN was brokered by a 3 Department of Real Estate broker. (YOUR means Claimant Nicholas Honchariw; THE LOAN means 4 the $5.6M loan made to Nicholas and Sharon Honchariw by FJM Private Mortgage Fund, LLC in or 5 about December 2018). 6 REQUEST FOR PRODUCTION NO. 5: 7 Any and all UTILITY STATEMENTS for the TIBURON PROPERTY from the period January 8 1, 2018, through December 31, 2019. (UTILITY STATEMENTS means monthly statements from utility 9 providers, including Pacific Gas & Electric, Marin Municipal Water District, Mill Valley Refuse, 10 Comcast, and AT&T; TIBURON PROPERTY means the real property located at 3 Via Paraiso West, 11 Tiburon, California 94920). 12 REQUEST FOR PRODUCTION NO. 6: 13 Any and all appraisal reports for the TIBURON PROPERTY from January 1, 2015, through the 14 date of sale in 2022. (TIBURON PROPERTY means the real property located at 3 Via Paraiso West, 15 Tiburon, California 94920). 16 REQUEST FOR PRODUCTION NO. 7: 17 Any and all documents evidencing an attorney-client contingency fee agreement between 18 Nicholas Honchariw and Sharon Honchariw for representation in any proceedings against the 19 Respondents in this action. 20 REQUEST FOR PRODUCTION NO. 8: 21 Any and all documents utilized in creating YOUR Time Log’s attached as Exhibit A to YOUR 22 declaration dated June 7, 2023, in support of motion for attorney’s fees and costs. 23 24 25 26 27 28 RESPONDENT’S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE 4 1 Dated: August 18, 2023 FINNEGAN & DIBA, A LAW CORPORATION 2 3 4 By: 5 MATTHEW SICHI, ESQ. Attorneys for Respondents FJM Private Mortgage, 6 LLC, FJM Capital, Inc. dba First Bridge Lending, FJM Management, LLC dba First Bridge Lending 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESPONDENT’S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE 5 PROOF OF SERVICE 1 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 3 not a party to the within action; my business address is: 3660 Wilshire Boulevard, Suite 800, Los Angeles, California 90010. 4 On the date herein below specified, I served the foregoing document described as set forth below 5 on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes, at Los Angeles, California, addressed as follows: 6 Date of Service: AUGUST 18, 2023 7 Document(s) Served: RESPONDENT FJM MANAGEMENT, LLC’S REQUESTS FOR 8 PRODUCTION OF DOCUMENTS, SET ONE 9 Person(s) Served: NICHOLAS HONCHARIW, ESQ. 10 429 DUBOIS LANE GENOA, NV 89411 11 NH@NHPART.COM 12 (BY U.S. Mail) I enclosed the documents in a sealed envelope or package addressed to the address above and deposited the sealed envelope with the United States Postal Service, with the postage 13 fully prepaid or placed the envelope for collection and certified mailing with return receipt, in a sealed envelope with postage fully prepaid. 14 (BY OVERNIGHT DELIVERY) I enclosed the documents in an envelope or package provided by an overnight deliver carrier and addressed to the persons at the addresses above. I placed the envelope 15 or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. 16 (BY FAX) I faxed the documents to the persons at the fax numbers listed above. No error was reported by the fax machine that I used. 17 (BY MESSENGER SERVICE) I served the documents by placing them in an envelope or package addressed to the addresses above and provided them to a professional messenger service for 18 personal service on this date. (BY PERSONAL SERVICE) I personally delivered by hand to the offices of the addressee(s). 19 XX (BY EMAIL TRANSMISSION) I emailed a copy of the foregoing document(s) this date via 20 email to the email addresses shown above. 21 XX (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 22 EXECUTED at Los Angeles, California, on August 18, 2023 23 24 Declarant, Matthew Sichi 25 26 27 28 1 PROOF OF SERVICE 1 Nicholas Honchariw 429 Dubois Lane 2 PO Box 1452 3 Genoa NV 89411 (415) 225 3048 4 nh@nhpart.com 5 State Bar No: 55126 6 Attorney for Claimants Nicholas and Sharon Honchariw 7 8 9 American Arbitration Association 10 Commercial Arbitration Tribunal 11 12 Nicholas and Sharon Honchariw, ) CASE NO.: 03-19-0003-1828 13 Claimants, ) RESPONSES TO REQUESTS ) FOR PRODUCTION OF DOCUMENTS, 14 v. ) SET ONE ) 15 ) 16 First Bridge Lending, FJM Private ) Mortgage Fund, LLC, FJM Capital, ) 17 Inc., and FJM Management, LLC, ) Respondents ) 18 ) 19 ------------------------------------------------------ 20 Propounding Party: Respondent FJM Management, LLC 21 Set Number: One 22 Responding Party: Claimant Nicholas Honchariw 23 24 Responding Party hereby responds to the Request for Production of Documents, Set 25 One, of Respondent FJM Management, LLC, as follows. These responses are based 26 on investigation and evidence available to Responding Party as of the date of this 27 response. Responding Party reserves the right to amend or supplement such 28 responses based on future and ongoing investigation and discovery. 1 Claimant’s Responses to Requests for Production of Documents, Set One 1 2 3 RESPONSE TO REQUEST NO. 1 4 Responding Party has no copy of the TRANSCRIPT OF PROCEEDINGS and is 5 unaware that any copy exists. 6 7 RESPONSE TO REQUEST NO. 2 8 Responding Party has no copy of any correspondence with any regulatory 9 authority. 10 11 RESPONSE TO REQUEST NO.3 12 Responding Party objects to the production of RECORDS on the grounds of 13 financial privacy and intrusiveness. Also the RECORDS are not relevant, nor will lead 14 to the discovery of admissible evidence. 15 16 RESPONSE TO REQUEST NO. 4 17 Attached. 18 19 RESPONSE TO REQUEST NO.5 . 20 Responding Party objects to the production of UTILITY STATEMENTS on the 21 grounds of financial privacy and intrusiveness. Also the UTIITY STATEMENTS are 22 not relevant, nor will lead to the discovery of admissible evidence. 23 24 RESPONSE TO REQUEST NO.6 25 Attached. 26 27 RESPONSE TO REQUEST NO.7: 28 2 Claimant’s Responses to Requests for Production of Documents, Set One 1 Responding Party objects to the production of any attorney-client contingency fee 2 agreement on the grounds that any agreement is neither relevant nor will lead to the 3 discovery of admissible evidence. 4 5 RESPONSE TO REQUEST NO.8 6 Responding Party objects to production of documents utilized in creating time logs 7 in support of his motion for attorney fees in the Superior Court of Sonoma County on 8 the grounds that they are neither relevant nor will lead to the discovery of admissible 9 evidence. 10 11 12 Dated: September 7 2023 13 _____________________________ 14 Nicholas Honchariw, Counsel for Claimants 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Claimant’s Responses to Requests for Production of Documents, Set One 1 VERIFICATION 2 3 STATE OF NEVADA, COUNTY OF DOUGLAS 4 5 I have read the foregoing RESPONSES TO REQUESTS FOR PRODUCTION OF 6 DOCUMENTS and know its contents. 7 I am a party to this action. The matters stated in the foregoing document are true 8 of my own knowledge except as to those matters which are stated on information and 9 belief, and as to those matters I believe them to be true. 10 11 12 I declare under penalty of perjury under the laws of the State of Nevada that the 13 foregoing is true and correct. 14 Executed on September 7 2023, at Genoa, Douglas County, Nevada 15 16 17 _________________________________ 18 Nicholas Honchariw 19 20 21 22 23 24 25 26 27 28 4 Claimant’s Responses to Requests for Production of Documents, Set One PROOF OF SERVICE 1 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 3 not a party to the within action; my business address is: 3660 Wilshire Boulevard, Suite 800, Los Angeles, California 90010. 4 On the date herein below specified, I served the foregoing document described as set forth below 5 on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes, at Los Angeles, California, addressed as follows: 6 Date of Service: SEPTEMBER 7, 2023 7 8 Document(s) Served: SUPPLEMENTAL DECLARATION OF MATTHEW SICHI 9 Person(s) Served: NICHOLAS HONCHARIW 429 DUBOIS LANE 10 P.O. BOX 1452 11 GENOA, NV 89411 NH@NHPART.COM 12 13 (BY U.S. Mail) I enclosed the documents in a sealed envelope or package addressed to the 14 address above and deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid or placed the envelope for collection and certified mailing with return receipt, in a sealed 15 envelope with postage fully prepaid. 16 (BY OVERNIGHT DELIVERY) I enclosed the documents in an envelope or package provided by an overnight deliver carrier and addressed to the persons at the addresses above. I placed the envelope 17 or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. 18 (BY FAX) I faxed the documents to the persons at the fax numbers listed above. No error was 19 reported by the fax machine that I used. 20 (BY MESSENGER SERVICE) I served the documents by placing them in an envelope or package addressed to the addresses above and provided them to a professional messenger service for 21 personal service on this date. (BY PERSONAL SERVICE) I personally delivered by hand to the offices of the addressee(s). 22 XX (BY EMAIL TRANSMISSION) I emailed a copy of the foregoing document(s) this date via 23 email to the email addresses shown above. 24 XX (STATE) I declare under penalty of perjury under the laws of the State of California that the 25 above is true and correct. 26 EXECUTED at Los Angeles, California, on September 7, 2023 27 28 Declarant, Matthew Sichi 1 PROOF OF SERVICE