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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
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Attorneys for Respondents FJM Private Mortgage, LLC, FJM Capital, Inc. dba First Bridge Lending, FJM
5 Management, LLC dba First Bridge Lending
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SONOMA
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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. REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF RESPONDENTS’
13 FJM Private Mortgage Fund, LLC, FJM Capital, OPPOSITION TO MOTION FOR
Inc., dba First Bridge Lending, FJM ATTORNEY’S FEES AND COSTS
14 Management, LLC dba First Bridge Lending;
and DOES 1 through 5, inclusive, Date: September 20, 2023
15 Time: 3:00 PM
Respondents. Dept.: 18
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17 (Submitted concurrent with Memorandum of
Points and Authorities and Declaration of
18 Matthew Sichi)
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Pursuant to California Evidence Code §452, and California Rule of Court 3.1306, Respondents
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FJM Private Mortgage Fund, LLC, FJM Capital, Inc., dba First Bridge Lending, FJM Management,
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LLC dba First Bridge Lending, respectfully request that the Court take judicial notice of records
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recorded filed with the Superior and Appellate Courts of the State of California, including the
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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF RESPONDENTS’ OPPOSITION TO
MOTION FOR ATTORNEY’S FEES AND COSTS
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1 admissions in pleadings therein. Said records are attached to the Declaration of Matthew Sichi
2 submitted concurrent herewith.
3 I.
4 THIS COURT HAS AUTHORITY TO TAKE JUDICIAL NOTICE OF THE MATTERS
5 IDENTIFIED HEREIN
6 Evidence Code Section 452 provides that judicial notice may be taken of: (a) The decisional,
7 constitutional, and statutory law of any state of the United States and the resolutions and private acts of
8 the Congress of the United States and of the Legislature of this state. (b) Regulations and legislative
9 enactments issued by or under the authority of the United States or any public entity in the United
10 States. (c) Official acts of the legislative, executive, and judicial departments of the United States and
11 of any state of the United States. (d) Records of (1) any court of this state or (2) any court of record of
12 the United States or of any state of the United States. (e) Rules of court of (1) any court of this state or
13 (2) any court of record of the United States or of any state of the United States. (f) The law of an
14 organization of nations and of foreign nations and public entities in foreign nations. (g) Facts and
15 propositions that are of such common knowledge within the territorial jurisdiction of the court that
16 they cannot reasonably be the subject of dispute. (h) Facts and propositions that are not reasonably
17 subject to dispute and are capable of immediate and accurate determination by resort to sources of
18 reasonably indisputable accuracy. Evid. Code, § 452
19 Evidence Code §453 further provides that the court shall take judicial notice of any matter
20 specified in Section 452 if so requested by a party, and the requesting party gives the adverse party
21 sufficient notice of the request and the court is provided with sufficient information so as to allow it to
22 take judicial notice of the requested matter. The court can take judicial notice of reports and orders of
23 administrative agencies. Rodas v. Spiegel (2001) 87 Cal.App.4th 513, 518.
24 Pursuant to the above-referenced authority, it is respectfully requested that this court take judicial
25 notice of the following court records:
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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF RESPONDENTS’ OPPOSITION TO
MOTION FOR ATTORNEY’S FEES AND COSTS
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2 I. The records on file with the State of California, First District Court of Appeal Case
3 number A163756:
4 a. Exhibit E, Appellant’s Opening Brief, filed April 18, 2022.
5 b. Exhibit F, Opinion, filed September 29, 2022.
6 II. The records on file with the State of California, Superior Courts:
7 a. Exhibit K, the complaint filed with the Los Angeles Superior Court on July 8, 2021, in
8 the matter entitled Honchariw v. PMF CA REIT, LLC et al., and bearing Los Angeles
9 Superior Court case number 21STCV2519.
10 b. Exhibit L, the Complaint filed with the Santa Clara County Superior Court on February
11 24, 2022, in the matter entitled Honchariw v. Secured Income Fund-II, LLC, bearing
12 Santa Clara County case number 22CV394757.
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14 Respectfully submitted.
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16 DATED: September 7, 2023 FINNEGAN & DIBA, A LAW CORPORATION
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By:
19 MATTHEW M. SICHI, ESQ.
Attorney for Respondents
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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF RESPONDENTS’ OPPOSITION TO
MOTION FOR ATTORNEY’S FEES AND COSTS
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PROOF OF SERVICE
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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
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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.
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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:
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Date of Service: SEPTEMBER 7, 2023
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8 Document(s) Served: RESPONDENTS’ OPPOSITION TO MOTION FOR
ATTORNEY’S FEES
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REQUEST FOR JUDICIAL NOTICE
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DECLARATION OF MATTHEW SICHI
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12 Person(s) Served: NICHOLAS HONCHARIW
429 DUBOIS LANE
13 P.O. BOX 1452
14 GENOA, NV 89411
NH@NHPART.COM
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(BY U.S. Mail) I enclosed the documents in a sealed envelope or package addressed to the
17 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
18 envelope with postage fully prepaid.
19 (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
20 or package for collection and overnight delivery at an office or a regularly utilized drop box of the
overnight delivery carrier.
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(BY FAX) I faxed the documents to the persons at the fax numbers listed above. No error was
22 reported by the fax machine that I used.
23 package(BY MESSENGER SERVICE) I served the documents by placing them in an envelope or
addressed to the addresses above and provided them to a professional messenger service for
personal service on this date.
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(BY PERSONAL SERVICE) I personally delivered by hand to the offices of the addressee(s).
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XX (BY EMAIL TRANSMISSION) I emailed a copy of the foregoing document(s) this date via
26 email to the email addresses shown above.
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PROOF OF SERVICE
XX (STATE) I declare under penalty of perjury under the laws of the State of California that the
1 above is true and correct.
2 EXECUTED at Los Angeles, California, on September 7, 2023
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Declarant, Matthew Sichi
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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. REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF RESPONDENTS’ 13 FJM Private Mortgage Fund, LLC, FJM Capital, OPPOSITION TO MOTION FOR Inc., dba First Bridge Lending, FJM ATTORNEY’S FEES AND COSTS 14 Management, LLC dba First Bridge Lending; and DOES 1 through 5, inclusive, Date: September 20, 2023 15 Time: 3:00 PM Respondents. Dept.: 18 16 17 (Submitted concurrent with Memorandum of Points and Authorities and Declaration of 18 Matthew Sichi) 19 20 21 22 23 Pursuant to California Evidence Code §452, and California Rule of Court 3.1306, Respondents 24 FJM Private Mortgage Fund, LLC, FJM Capital, Inc., dba First Bridge Lending, FJM Management, 25 LLC dba First Bridge Lending, respectfully request that the Court take judicial notice of records 26 recorded filed with the Superior and Appellate Courts of the State of California, including the 27 28 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF RESPONDENTS’ OPPOSITION TO MOTION FOR ATTORNEY’S FEES AND COSTS 1 1 admissions in pleadings therein. Said records are attached to the Declaration of Matthew Sichi 2 submitted concurrent herewith. 3 I. 4 THIS COURT HAS AUTHORITY TO TAKE JUDICIAL NOTICE OF THE MATTERS 5 IDENTIFIED HEREIN 6 Evidence Code Section 452 provides that judicial notice may be taken of: (a) The decisional, 7 constitutional, and statutory law of any state of the United States and the resolutions and private acts of 8 the Congress of the United States and of the Legislature of this state. (b) Regulations and legislative 9 enactments issued by or under the authority of the United States or any public entity in the United 10 States. (c) Official acts of the legislative, executive, and judicial departments of the United States and 11 of any state of the United States. (d) Records of (1) any court of this state or (2) any court of record of 12 the United States or of any state of the United States. (e) Rules of court of (1) any court of this state or 13 (2) any court of record of the United States or of any state of the United States. (f) The law of an 14 organization of nations and of foreign nations and public entities in foreign nations. (g) Facts and 15 propositions that are of such common knowledge within the territorial jurisdiction of the court that 16 they cannot reasonably be the subject of dispute. (h) Facts and propositions that are not reasonably 17 subject to dispute and are capable of immediate and accurate determination by resort to sources of 18 reasonably indisputable accuracy. Evid. Code, § 452 19 Evidence Code §453 further provides that the court shall take judicial notice of any matter 20 specified in Section 452 if so requested by a party, and the requesting party gives the adverse party 21 sufficient notice of the request and the court is provided with sufficient information so as to allow it to 22 take judicial notice of the requested matter. The court can take judicial notice of reports and orders of 23 administrative agencies. Rodas v. Spiegel (2001) 87 Cal.App.4th 513, 518. 24 Pursuant to the above-referenced authority, it is respectfully requested that this court take judicial 25 notice of the following court records: 26 27 28 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF RESPONDENTS’ OPPOSITION TO MOTION FOR ATTORNEY’S FEES AND COSTS 2 1 2 I. The records on file with the State of California, First District Court of Appeal Case 3 number A163756: 4 a. Exhibit E, Appellant’s Opening Brief, filed April 18, 2022. 5 b. Exhibit F, Opinion, filed September 29, 2022. 6 II. The records on file with the State of California, Superior Courts: 7 a. Exhibit K, the complaint filed with the Los Angeles Superior Court on July 8, 2021, in 8 the matter entitled Honchariw v. PMF CA REIT, LLC et al., and bearing Los Angeles 9 Superior Court case number 21STCV2519. 10 b. Exhibit L, the Complaint filed with the Santa Clara County Superior Court on February 11 24, 2022, in the matter entitled Honchariw v. Secured Income Fund-II, LLC, bearing 12 Santa Clara County case number 22CV394757. 13 14 Respectfully submitted. 15 16 DATED: September 7, 2023 FINNEGAN & DIBA, A LAW CORPORATION 17 18 By: 19 MATTHEW M. SICHI, ESQ. Attorney for Respondents 20 21 22 23 24 25 26 27 28 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF RESPONDENTS’ OPPOSITION TO MOTION FOR ATTORNEY’S FEES AND COSTS 3 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: RESPONDENTS’ OPPOSITION TO MOTION FOR ATTORNEY’S FEES 9 REQUEST FOR JUDICIAL NOTICE 10 DECLARATION OF MATTHEW SICHI 11 12 Person(s) Served: NICHOLAS HONCHARIW 429 DUBOIS LANE 13 P.O. BOX 1452 14 GENOA, NV 89411 NH@NHPART.COM 15 16 (BY U.S. Mail) I enclosed the documents in a sealed envelope or package addressed to the 17 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 18 envelope with postage fully prepaid. 19 (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 20 or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. 21 (BY FAX) I faxed the documents to the persons at the fax numbers listed above. No error was 22 reported by the fax machine that I used. 23 package(BY MESSENGER SERVICE) I served the documents by placing them in an envelope or addressed to the addresses above and provided them to a professional messenger service for personal service on this date. 24 (BY PERSONAL SERVICE) I personally delivered by hand to the offices of the addressee(s). 25 XX (BY EMAIL TRANSMISSION) I emailed a copy of the foregoing document(s) this date via 26 email to the email addresses shown above. 27 28 1 PROOF OF SERVICE XX (STATE) I declare under penalty of perjury under the laws of the State of California that the 1 above is true and correct. 2 EXECUTED at Los Angeles, California, on September 7, 2023 3 4 Declarant, Matthew Sichi 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE