Preview
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
EXHIBIT B
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
WINDELS MARX LANE & MITTENDORF, LLP
120 Albany Street Plaza
Tower I - Suite 600
New Brunswick, NJ 08901
Tel: 732-846-7600
Fax: 732-846-8877
Tax I.D.# 13-2773235
May 18, 2018
Bill Number 84000
File Number 0308130-0000012
jleibowitz@maverickrep.com
Maverick Real Estate Partners LLC
370 Lexington Avenue, Suite 1812
New York, NY 10017
Attn: Edward Martell
The enclosed bill is for services rendered ending April 30, 2018. The breakdown of this bill by
matter is as follows:
Legal Services
Jekogian $15,575.00
Total for Legal Services $15,575.00
Expenses
Jekogian $2,256.19
Total for Expenses $2,256.19
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
jleibowitz@maverickrep.com
Total for This Bill $17,831.19
Total Due $17,831.19
Page 2
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
WINDELS MARX LANE & MITTENDORF, LLP
120 Albany Street Plaza
Tower I - Suite 600
New Brunswick, NJ 08901
Tel: 732-846-7600
Fax: 732-846-8877
Tax I.D.# 13-2773235
May 18, 2018
Bill Number 84000
File Number 0308130-0000012
jleibowitz@maverickrep.corn
Maverick Real Estate Partners LLC
370 Lexington Avenue, Suite 1812
New York, NY 10017
Attn: Edward Martell
The enclosed bill is for services rendered ending April 30, 2018. The breakdown of this bill by
matter is as follows:
Legal Services
Jekogian $15,575.00
Total for Legal Services $15,575.00
Expenses
Jekogian $2,256.19
Total for Expenses $2,256.19
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
jleibowitz@maverickrep.corn
Total for This Bill $17,831.19
Total Due $17,831.19
Page 2
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
WINDELS MARX LANE & MITTENDORF, LLP
120 Albany Street Plaza
Tower I - Suite 600
New Brunswick, NJ 08901
Tel: 732-846-7600
Fax: 732-846-8877
Tax I.D.# 13-2773235
May 18, 2018
Bill Number 84000
File Number 0308130-0000012
jleibowitz@maverickrep.corn
Maverick Real Estate Partners LLC
370 Lexington Avenue, Suite 1812
New York, NY 10017
Attn: Edward Martell
FOR PROFESSIONAL SERVICES RENDERED
FOR THE PERIOD
Through April 30, 2018
Re: Jekogian
SERVICES
Date Attv Description Time
02/20/18 DAS Continued review of information on judgment collection 2.10 Hrs
matter and understanding facts for same.
03/05/18 DAS Attention to e-filing of consents to change attorneys. 0.20 Hrs
03/12/18 DAS Review files provided by M. Scully. 3.60 Hrs
03/13/18 DAS Prepare draft letter to lender; send to T. Martell regarding 0.80 Hrs
same; review draft confidentiality agreement; propose
changes to same.
Page 1
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
jleibowitz@maverickrep.com
Re: Jekogian
Date Attv Description Time
03/13/18 RWF Review Judgment Creditor's Motion to Hold Judgment 0.60 Hrs
Debtor in Contempt for Failure to Provide Discovery
03/14/18 DAS Review confidentiality order; telephone conference with 1.00 Hrs
T. Martell and D. Aviram regarding same; revise same;
continue reviewing files provided by J. Scully; email with
J. Scully; review N.Y. Statute regarding timing of claim.
03/15/18 DAS Telephone conference with T. Martell, J. Yetter and D. 3.50 Hrs
Aviram regarding strategies
11111111111111111111111111111111111prepare new confidentiality
agreement; review documents provided by DropBox in
response to bank subpoenas; review research regarding
fraudulent conveyances.
03/15/18 RWF Legal research re: claim for aiding and abetting 3.40 Hrs
fraudulent conveyance / proper venue for fraudulent
conveyance claim.
03/16/18 DAS Telephone conference with T. Martell approving 0.30 Hrs
confidentiality agreement; revise same; email to D.
Nevins regarding same.
03/19/18 DAS Travel to Manhattan for return date on 4.00 Hrs
sanctions/contempt application.
03/19/18 RBS Continue attention to retrieving and processing 1.50 Hrs
documents received from client.
03/20/18 DAS Email to T. Martell and D. Aviram updating them on 0.30 Hrs
status of court conference; docket dates for future
conference and deadlines for matter.
03/20/18 RWF Legal research re: claim for aiding and abetting 1.80 Hrs
fraudulent conveyance, proper venue for fraudulent
conveyance claim, necessary parties to fraudulent
conveyance claim, personal jurisdiction over a trust that
is a recipient of a fraudulent conveyance.
03/22/18 RWF Legal research re: claim for aiding and abetting 1.20 Hrs
fraudulent conveyance, proper venue for fraudulent
conveyance claim, necessary parties to fraudulent
conveyance claim, personal jurisdiction over a trust that
is a recipient of a fraudulent conveyance.
03/26/18 DAS Email to note holders regarding new money judgment. 0.10 Hrs
03/26/18 RWF Draft fraudulent conveyance complaint. 0.80 Hrs
Page 2
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
jleibowitz©maverickrep.com
Re: Jekogian
Date Attv Description Time
03/27/18 DAS Update to T. Martell. 0.10 Hrs
03/27/18 RWF Draft fraudulent conveyance complaint. 2.90 Hrs
03/30/18 RWF Legal research re: fraudulent conveyance causes of 2.80 Hrs
action; legal research re: personal jurisdiction over PA
trust.
04/02/18 DAS E-mail to D. Nevins regarding comments to 0.10 Hrs
confidentiality agreement.
04/02/18 DAS Email update to T. Martell. 0.10 Hrs
04/03/18 DAS Edit, revise and finalize draft complaint. 2.40 Hrs
04/03/18 RWF Conference re: status of cases; phone conference with 1.50 Hrs
client re: same.
04/04/18 DAS Review comments to new complaint from D. Aviram and 0.20 Hrs
T. Martell.
04/04/18 RWF Edit fraudulent conveyance complaint; legal research re: 2.50 Hrs
same; draft answer to counterclaims in Presidential
Matter.
04/05/18 DAS Review amendments to Complaint; revise same 1.80 Hrs
proposed edits to complaint; review memo from T.
Martell regarding subpoena targets.
04/05/18 RWF Conference re: fraudulent conveyance complaint; draft 0.50 Hrs
correspondence re: same.
04/06/18 DAS Telephone conference with T. Martell and J. Yetter 0.40 Hrs
regarding subpoenas.
04/06/18 RWF Conference re: status of case; phone conference with 0.40 Hrs
Maverick re: subpoena strategy.
04/09/18 DAS Edit and revise complaint. 0.90 Hrs
04/09/18 RWF Edit Fraudulent Conveyance Complaint; prepare same 1.50 Hrs
for filing.
04/10/18 DAS Letter from D. Nevins regarding conflict of interest; share 2.40 Hrs
same with D. Aviram and T. Martell; research law on
claimed conflict of interest gather facts; email with D.
Nevins regarding comments to confidentiality agreement.
04/11/18 DAS Attention to claimed conflict and obtaining proofs to rebut 0.80 Hrs
same.
04/11/18 RWF Edit answer to counterclaims in Presidential matter; draft 0.60 Hrs
correspondence re: same.
04/12/18 RWF Draft affidavit of service for answer to counterclaims in 0.10 Hrs
Presidential matter; attention to filing and service of
same.
Page 3
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
jleibowitz@maverickrep.com
Re: Jekogian
Date Attv Description Time
04/17/18 DAS Review requests for admission; review settlement 0.50 Hrs
demand; comment and edit same.
04/18/18 DAS Revise letter to D. Nevins in response to conflict; email 0.70 Hrs
exchanges with D. Nevins regarding confidentiality
agreement; email with T. Martell and D. Aviram regarding
same; attention to timing of subpoenas to third-parties.
04/19/18 DAS Telephone conference with D. Nevins regarding 1.10 Hrs
response to discovery demands and stipulation of
confidentiality; emails with D. Nevins regarding motion
and objection to same; prepare email to D. Nevins
regarding motion.
04/20/18 DAS E-mails regarding confidentiality agreement and 0.20 Hrs
comments to proposed agreement.
04/23/18 DAS Review opposition submitted by D. Nevins; outline reply 0.30 Hrs
to same.
04/24/18 DAS Review letter from D. Nevins to Court regarding motion 2.20 Hrs
for contempt; prepare affirmation in reply to same; review
proposed assignments of new judgments and due
diligence regarding same.
04/25/18 DAS E-mail to J. Lauch regarding due diligence on judgments 0.10 Hrs
to be assigned.
04/26/18 DAS Revise and finalize certification in reply to Jekogiants 0.30 Hrs
opposition.
04/27/18 DAS E-mail with J. Lauck regarding status of due diligence 0.10 Hrs
materials on new judgments.
04/27/18 RWF Legal research re: statute of limitations for fraudulent 3.20 Hrs
conveyance claims in Pennsylvania; Legal research re:
time to move to dismiss for lack of personal jurisdiction in
New York; conference re: same; Draft discovery
demands in Presidential Matter.
04/30/18 DAS Travel to Manhattan for return date on motion to hold 4.00 Hrs
defendant in contempt; argue motion; prepare stipulation.
04/30/18 RWF Draft discovery in Presidential Matter. 3.00 Hrs
TOTAL SERVICES $15,575.00
Page 4
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
jleibowitz©maverickrep.com
Re: Jekogian
HOURLY RATE
Stevinson, Douglas A 34.60 Hrs 250/hr $8,650.00
Suber, Ronetta 1.50 Hrs 150/hr $225.00
Federer, Ryan W. 26.80 Hrs 250/hr $6,700.00
62.90 Hrs $15,575.00
DISBURSEMENTS
Reproduction $71.20
US Postage $7.19
Air Courier / Messenger $37.66
Lexis/Westlaw Research $1,335.19
Service Fees $804.95
TOTAL DISBURSEMENTS $2,256.19
INVOICE TOTAL $17,831.19
REMAINING RETAINER $489.50
Page 5
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
WINDELS MARX LANE & MITTENDORF, LLP
120 Albany Street Plaza
Tower I - Suite 600
New Brunswick, NJ 08901
Tel: 732-846-7600
Fax: 732-846-8877
Tax I.D.# 13-2773235
June 21, 2018
Bill Number 86049
File Number 0308130-0000012
jleibowitz@maverickrep.com
Maverick Real Estate Partners LLC
370 Lexington Avenue, Suite 1812
New York, NY 10017
Attn: Edward Martell
The enclosed bill is for services rendered ending May 31, 2018. The breakdown of this bill by
matter is as follows:
Legal Services
Jekogian $1,575.00
Total for Legal Services $1,575.00
Expenses
Jekogian $1,121.46
Total for Expenses $1,121.46
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
jleibowitz@maverickrep.com
Total for This Bill $2,696.46
Total Due $2,696.46
Page 2
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
WINDELS MARX LANE & MITTENDORF, LLP
120 Albany Street Plaza
Tower I - Suite 600
New Brunswick, NJ 08901
Tel: 732-846-7600
Fax: 732-846-8877
Tax I.D.# 13-2773235
June 21, 2018
Bill Number 86049
File Number 0308130-0000012
jleibowitz@maverickrep.com
Maverick Real Estate Partners LLC
370 Lexington Avenue, Suite 1812
New York, NY 10017
Attn: Edward Martell
The enclosed bill is for services rendered ending May 31, 2018. The breakdown of this bill by
matter is as follows:
Legal Services
Jekogian $1,575.00
Total for Legal Services $1,575.00
Expenses
Jekogian $1,121.46
Total for Expenses $1,121.46
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
jleibowitz@maverickrep.com
Total for This Bill $2,696.46
Total Due $2,696.46
Page 2
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
WINDELS MARX LANE & MITTENDORF, LLP
120 Albany Street Plaza
Tower I - Suite 600
New Brunswick, NJ 08901
Tel: 732-846-7600
Fax: 732-846-8877
Tax I.D.# 13-2773235
June 21, 2018
Bill Number 86049
File Number 0308130-0000012
jleibowitz@maverickrep.com
Maverick Real Estate Partners LLC
370 Lexington Avenue, Suite 1812
New York, NY 10017
Attn: Edward Martell
FOR PROFESSIONAL SERVICES RENDERED
FOR THE PERIOD
Through May 31, 2018
Re: Jekogian
SERVICES
Date Atty Description Time
05/01/18 RWF Draft discovery requests in Presidential Matter; 4.00 Hrs
conference call with client re: status of pending matters.
05/03/18 DAS E-mail with client e-mail from D. 0.20 Hrs
Nevins with countersigned order of confidentiality; e-mail
from J. Lauch regarding status of new judgments for
assignment.
05/11/18 DAS Letter to Justice Hagler requesting "so ordered" 0.20 Hrs
confidentiality order; follow-up with J. Lauch regarding
new judgments to purchaser.
Page 1
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
jleibowitz@maverickrep.com
Re: Jekogian
Date Atty Description Time
05/15/18 RWF Research re: requests for admissions; conference re: 0.40 Hrs
status of various cases.
05/16/18 DAS E-mails with D. Nevins regarding acceptance of service 0.20 Hrs
and "so ordered" stipulation; email from J. Lauck
regarding three money judgments against N. Jekogian;
05/17/18 DAS E-mails with G. Deon her partner regarding filing action 0.20 Hrs
in Pennsylvania; advise E. Martell of same; email with D.
Nevins regarding acceptance of service of complaint.
05/21/18 RWF Legal research re: service of Summons and Complaint 0.20 Hrs
on out-of-state party in New York
05/23/18 DAS Begin review documents produced by judgment-debtor; 0.80 Hrs
review retainer agreement from Eastburn & Grey;
forward same to T. Martell for consideration.
05/30/18 DAS Telephone conference with T. Martell regarding status of 0.10 Hrs
case and next steps.
TOTAL SERVICES $1,575.00
HOURLY RATE
Stevinson, Douglas A 1.70 Hrs 250/hr $425.00
Federer, Ryan W. 4.60 Hrs 250/hr $1,150.00
6.30 Hrs $1,575.00
DISBURSEMENTS
Lexis/Westlaw Research $697.60
Staff Overtime $37.50
Local Travel $176.36
Filing Fees $210.00
TOTAL DISBURSEMENTS $1,121.46
Page 2
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
jleibowitz@maverickrep.com
INVOICE TOTAL $2,696.46
REMAINING RETAINER $489.50
Page 3
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
WINDELS MARX LANE & MITTENDORF, LLP
120 Albany Street Plaza
Tower I - Suite 600
New Brunswick, NJ 08901
Tel: 732-846-7600
Fax: 732-846-8877
Tax I.D.# 13-2773235
July 17, 2018
Bill Number 87993
File Number 0308130-0000012
jleibowitz@maverickrep.corn
Maverick Real Estate Partners LLC
370 Lexington Avenue, Suite 1812
New York, NY 10017
Attn: Edward Martell
The enclosed bill is for services rendered ending June 30, 2018. The breakdown of this bill by
matter is as follows:
Legal Services
Jekogian $845.00
Total for Legal Services $845.00
Expenses
Jekogian $152.25
Total for Expenses $152.25
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
jleibowitz@maverickrep.corn
Total for This Bill $997.25
Total Due $3,693.71
Page 2
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
WINDELS MARX LANE & MITTENDORF, LLP
120 Albany Street Plaza
Tower I - Suite 600
New Brunswick, NJ 08901
Tel: 732-846-7600
Fax: 732-846-8877
Tax I.D.# 13-2773235
July 17, 2018
Bill Number 87993
File Number 0308130-0000012
jleibowitz@maverickrep.corn
Maverick Real Estate Partners LLC
370 Lexington Avenue, Suite 1812
New York, NY 10017
Attn: Edward Martell
FOR PROFESSIONAL SERVICES RENDERED
FOR THE PERIOD
Through June 30, 2018
Re: Jekogian
SERVICES
Date Atty Description Time
06/05/18 DAS Email from J. Lauch regarding status of assigned 0.10 Hrs
judgments.
06/11/18 DAS Review documents from J. Lauch; review online dockets; 0.80 Hrs
telephone conference with court regarding validity of
index numbers.
06/12/18 DAS (Presidential) Review and edit discovery demands. 0.30 Hrs
06/13/18 DAS Community with J. Lauch regarding desire to close on 0.20 Hrs
judgment acquisition; review assignments;
1111111111111111111111111111111•1
Page 1
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
jleibowitz@maverickrep.com
Re: Jekogian
Date Atty Description Time
06/14/18 DAS E-mails with E. Martel and W. Dudeck regarding filing of 0.10 Hrs
PA action against N. Jekogian.
06/15/18 DAS Review assignments of judgment; email with J. Lauch 0.20 Hrs
regarding same; attention to closing on same; email with
PA Counsel regarding status of action.
06/18/18 DAS Review original assignments of judgment provided by J. 0.20 Hrs
Lauch; email to E. Martell and D. Aviram regarding
same.
06/22/18 DAS Review and finalize discovery demands in Presidential 0.40 Hrs
matter; email with California counsel regarding judgment
execution assistance.
06/28/18 LMC Multiple telephone calls to New York County Clerk; draft 0.80 Hrs
letter to clerk regarding registering assignments of
judgment in New York; telephone call to Marion County
Clerk; draft letter to clerk requesting exemplified copies
of assignment of judgement.
06/28/18 RWF Research re: deadline for defendants to answer 0.60 Hrs
complaint; research re: subpoena strategy.
TOTAL SERVICES $845.00
HOURLY RATE
Stevinson, Douglas A 2.30 Hrs 250/hr $575.00
Cheney, Lisa M. 0.80 Hrs 150/hr $120.00
Federer, Ryan W. 0.60 Hrs 250/hr $150.00
3.70 Hrs $845.00
DISBURSEMENTS
Reproduction - Outside Services $12.00
Air Courier / Messenger $13.72
Lexis/Westlaw Research $126.53
TOTAL DISBURSEMENTS $152.25
Page 2
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
jleibowitz@maverickrep.com
INVOICE TOTAL $997.25
REMAINING RETAINER $489.50
PREVIOUSLY BILLED AND UNPAID
86049 06/21/18 2,696.46
TOTAL DUE THIS STATEMENT $3,693.71
Page 3
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
WINDELS MARX LANE & MITTENDORF, LLP
120 Albany Street Plaza
Tower I - Suite 600
New Brunswick, NJ 08901
Tel: 732-846-7600
Fax: 732-846-8877
Tax I.D.# 13-2773235
August 13, 2018
Bill Number 89839
File Number 0308130-0000012
jleibowitz@maverickrep.com
Maverick Real Estate Partners LLC
370 Lexington Avenue, Suite 1812
New York, NY 10017
Attn: Edward Martell
The enclosed bill is for services rendered ending July 31, 2018. The breakdown of this bill by
matter is as follows:
Legal Services
Jekogian $3,825.00
Total for Legal Services $3,825.00
Total for This Bill $3,825.00
Total Due $4,822.25
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
WINDELS MARX LANE & MITTENDORF, LLP
120 Albany Street Plaza
Tower I - Suite 600
New Brunswick, NJ 08901
Tel: 732-846-7600
Fax: 732-846-8877
Tax 1.D.# 13-2773235
August 13, 2018
Bill Number 89839
File Number 0308130-0000012
jleibowitz@maverickrep.com
Maverick Real Estate Partners LLC
370 Lexington Avenue, Suite 1812
New York, NY 10017
Attn: Edward Martell
FOR PROFESSIONAL SERVICES RENDERED
FOR THE PERIOD
Through July 31, 2018
Re: Jekogian
SERVICES
Date Atty Description Time
07/03/18 DAS Attention to providing California counsel to Maverick for 0.10 Hrs
enforcement agreement N. Jekogian.
07/10/18 DAS Attention to status of service upon Jekogian and Family 0.20 Hrs
trust.
07/11/18 DAS Telephone conference with E. Milby regarding joint 0.90 Hrs
prosecution of claims against Family Trusts; discuss
same with T. Martell; email regarding same to D. Aviram
and T. Martell; telephone conference with P. Flaherty
regarding discovery in Presidential matter; conduct legal
research regarding door man service; telephone
conference with T. Martell regarding service of process
Page 1
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
jleibowitz@maverickrep.com
Re: Jekogian
Date Atty Description Time
and contacting D. Nevins regarding same; attention to
contacting D. Nevins.
07/11/18 RWF Legal research re: service of process on doorman; 2.10 Hrs
conference re: same.
07/12/18 DAS E-mail and telephone conference with D. Nevins 0.20 Hrs
regarding service of process.
07/13/18 DAS E-mail with E. Milby regarding availability for meeting to 0.10 Hrs
discuss present of N. Jekogian and family trusts.
07/16/18 DAS Forward discovery demands to P. Flaherty; email with J. 4.80 Hrs
Lauck regarding rejection of assignments; email with J.
Lauck regarding same; review files and coordinate
litigation strategies; prepare subpoena form to use for
banking institutions; emails with D. Nevins regarding
acceptance of service and waiver of jurisdictional
defenses.
07/16/18 RWF Research re: Jekogian's asserts and prior testimony / 0.80 Hrs
documentation of same.
07/17/18 DAS Continued attention to reviewing litigation and claim 4.50 Hrs
agreement Presidential and family trust; email with J.
Yetter regarding Jekogian TD Bank accounts.
07/18/18 DAS E-mail from J. Lauch regarding revised assignments. 0.10 Hrs
07/19/18 DAS E-mail from D. Nevins regarding stipulation extending 0.10 Hrs
time to answer; respond to same.
07/24/18 DAS E-mail with counsel in PA pushing litigation to final 0.10 Hrs
judgment.
07/26/18 DAS E-mails with W. Dudeck regarding default judgments and 0.10 Hrs
service of N. Jekogian Ill in New York with Pennsylvania
action.
07/27/18 DAS Reach out for E. Milby regarding meeting of clients. 0.10 Hrs
07/30/18 DAS Telephone conference with T. Martell; attention to 0.10 Hrs
communication from D. Nevins regarding answer to
complaint.
07/31/18 DAS Attention to contact from P. Flaherty regarding status of 0.10 Hrs
discovery and demand for dismissal of action.
07/31/18 DAS Telephone conference with D. Nevins and R. Federer 0.90 Hrs
regarding request for waiver of defenses; discuss tolling
agreement; email to D. Aviram and T. Martell regarding
same; email to W. Dudeck requesting thoughts and
comments to same; email to D. Nevins requesting
clarification to waivers.
Page 2
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
jleibowitz@maverickrep.com
TOTAL SERVICES $3,825.00
HOURLY RATE
Stevinson, Douglas A 12.40 Hrs 250/hr $3,100.00
Federer, Ryan W. 2.90 Hrs 250/hr $725.00
15.30 Hrs $3,825.00
INVOICE TOTAL $3,825.00
REMAINING RETAINER $489.50
PREVIOUSLY BILLED AND UNPAID
87993 07/17/18 997.25
TOTAL DUE THIS STATEMENT $4,822.25
Page 3
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
WINDELS MARX LANE & MITTENDORF, LLP
120 Albany Street Plaza
Tower I - Suite 600
New Brunswick, NJ 08901
Tel: 732-846-7600
Fax: 732-846-8877
Tax I.D.# 13-2773235
September 11, 2018
Bill Number 91399
File Number 0308130-0000012
jleibowitz@maverickrep.com
Maverick Real Estate Partners LLC
370 Lexington Avenue, Suite 1812
New York, NY 10017
Attn: Edward Martell
The enclosed bill is for services rendered ending August 31, 2018. The breakdown of this bill by
matter is as follows:
Legal Services
Jekogian $1,535.00
Total for Legal Services $1,535.00
Expenses
Jekogian $218.22
Total for Expenses $218.22
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
jleibowitz©maverickrep.corn
Total for This Bill $1,753.22
Total Due $1,753.22
Page 2
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
WINDELS MARX LANE & MITTENDORF, LLP
120 Albany Street Plaza
Tower I - Suite 600
New Brunswick, NJ 08901
Tel: 732-846-7600
Fax: 732-846-8877
Tax I.D.# 13-2773235
September 11, 2018
Bill Number 91399
File Number 0308130-0000012
jleibowitz©maverickrep.com
Maverick Real Estate Partners LLC
370 Lexington Avenue, Suite 1812
New York, NY 10017
Attn: Edward Martell
FOR PROFESSIONAL SERVICES RENDERED
FOR THE PERIOD
Through August 31, 2018
Re: Jekogian
SERVICES
Date Attu Description Time
08/01/18 LMC Research regarding obtaining exemplified confession of 0.40 Hrs
judgment from Virginia.
08/02/18 DAS Follow-up with J. Lauch regarding status of revised 0.10 Hrs
assignments.
08/06/18 DAS Review revised assignments of judgment from J. Lauch; 0.20 Hrs
email confirming receipt of same; attention to e-filing and
hard filing of same with out in this matter.
Page 1
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018
NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023
jleibowitz©maverickrep.corn
Re: Jekogian
Date Atty Description Time
08/06/18 LMC Prepare letters to NY County Clerk for recordation of 0.30 Hrs
assignments of judgment and arrange for hand delivery.
08/07/18 LMC Prepare letter to Marion County Clerk requesting 0.20 Hrs
exemplified assignment of judgment.
08/09/18 DAS Telephone conference with D. Nevins regarding tolling 0.20 Hrs
agreement; emails with client and W. Dudeck regarding
same.
08/20/18 DAS Attention to request for tolling agreement; begin 0.30 Hrs
preparing same.
08/24/18 DAS Review exemplified copies of judgment; follow-up with T. 0.20 Hrs
Martell regarding California counsel for enforcement
proceedings.
08/27/18 DAS Prepare draft tolling agreement for matter; revise and 1.30 Hrs
finalize draft; circulate draft to all parties; review
comments from W. Dudeck; provide T. Martell with
contact information for California counsel to pursue
judgment there.
08/29/18 CDG Analyze CPLR rules regarding effective service via 0.10 Hrs
doorman.
08/29/18 CDG Analysis of Jekogian Family Trust State and Federal Tax 0.70 Hrs
Returns for 2016.
08/29/18 CDG Analyze personal and trust financial statements and 1.20 Hrs
summaries for 2011 through 2016.
08/29/18 CDG Review pleadings, answers, counter claims for multiple 1.00 Hrs
pending actions, along with background materials and
financial records for affiliated companies.
08/29/18 CDG Analysis of 2016 BBJ Family Trust Federal and State 0.30 Hrs
Tax Return.
TOTAL SERVICES $1,535.00
HOURLY RATE
Stevinson, Douglas A 2.30 Hrs 250/hr $575.00
Gottilla, Craig D. 3.30 Hrs 250/hr $825.00
Cheney, Lisa M. 0.90 Hrs 150/hr $135.00
6.
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in New York County
Ruling
FOULKE, et al. vs. FORD MOTOR COMPANY
Jul 17, 2024 |
CVCV21-0197638
FOULKE, ET AL. VS. FORD MOTOR COMPANY
Case Number: CVCV21-0197638
This matter is on calendar for review regarding status of dismissal. At the hearing on April 8, 2024, counsel for
Plaintiff informed the Court that the only issue that remains pending in Federal Court is attorney fees. No status
report was filied informing the Court of the status of attorney fees and no Request for Dismissal has been filed.
An appearance is necessary on today’s calendar.
Ruling
NAIR, et al. vs GENERAL MOTORS, LLC, A LIMITED LIABILITY COMP...
Jul 18, 2024 |
Civil Unlimited (Other Breach of Contract/Warr...) |
23CV051739
23CV051739: NAIR, et al. vs GENERAL MOTORS, LLC, A LIMITED LIABILITY
COMPANY, et al.
07/18/2024 Hearing on Demurrer Demurrer to the Plaintiff's First Amended Complaint;
MPA, Declaration and Request for Judicial Notice; filed by GENERAL MOTORS, LLC, a
limited liability company (Defendant) in Department 24
Tentative Ruling - 07/10/2024 Rebekah Evenson
The Hearing on Demurrer Demurrer to the Plaintiff's First Amended Complaint; MPA,
Declaration and Request for Judicial Notice; filed by GENERAL MOTORS, LLC, a limited
liability company (Defendant) scheduled for 07/18/2024 is continued to 10/03/2024 at 09:00 AM
in Department 24 at Rene C. Davidson Courthouse .
The Demurrer to, and Motion to Strike Portions of, Plaintiffs’ First Amended Complaint by
Defendant General Motors LLC are CONTINUED to October 3, 2024 at 9:00 a.m. in
Department 24.
Defendant demurrers to Plaintiffs’ Fourth Cause of Action for Fraud and Fifth Cause of Action
for Violation of Business & Professions Code section 17200 et seq. based, inter alia, on the
economic loss rule.
In opposition, Plaintiffs cite Dhital v. Nissan North America Inc. (2022) 84 Cal.App.5th 828,
840-841, which held that concealment-based claims for fraudulent inducement to enter a contract
(the same type of claim alleged in this case) are not barred by the economic loss rule.
The Dhital case has been accepted for review by the California Supreme Court (Case No.
S277568). The California Supreme Court has stayed its consideration of the appeal in the Dhital
case pending its resolution of a similar issue (whether claims for fraudulent concealment are
barred by the economic loss rule) in Rattagan v. Uber Technologies, Case No. S272113. Oral
arguments in the Rattagan case were held on June 4, 2024.
For the sake of judicial economy, the Court continues Defendant’s demurrer in this case pending
the decision in the Rattagan case.
By no later than September 19, 2024, the parties may file and serve supplemental briefs of no
more than five double spaced pages addressing the effect, if any, of the decision in the Rattagan
case on this demurrer.
The Initial Case Management Conference scheduled for August 6, 2024 is CONTINUED to
November 19, 2024 at 09:00 AM in Department 24.
The Initial Case Management Conference scheduled for 08/06/2024 is continued to 11/19/2024
at 09:00 AM in Department 24 at Rene C. Davidson Courthouse .
Ruling
Rodolfo Macedo et al. vs American Honda Motor Co., Inc.
Jul 15, 2024 |
STK-CV-UBC-2023-0008324
Parties to appear in person or remotely. Department 10C is open for in person appearances. Should counsel/parties prefer to appear remotely, follow the instructions below. There is a dedicated conference bridge lines for Dept 10C. Call into dedicated conference bridge line at the time set for the hearing. To attend the remote hearing in Dept 10C: Call into (209) 992-5590, then follow the prompts and use the Bridge # 6937 and Pin # 6822.
Ruling
PEOPLE OF THE STATE OF CALIFORNIA, EX REL., ALLSTATE INSURANCE COMPANY VS ADAM AVELARDO PEREZ, ET AL.
Jul 16, 2024 |
21STCV45088
Case Number:
21STCV45088
Hearing Date:
July 16, 2024
Dept:
71
Superior Court of California
County of Los Angeles
DEPARTMENT 71
TENTATIVE RULING
PEOPLE OF THE STATE OF CALIFORNIA, ex rel., ALLSTATE INSURANCE COMPANY,
vs.
ADAM AVELARDO PEREZ, et al.
Case No.:
21STCV45088
Hearing Date:
July 16, 2024
Plaintiff-Relator Allstate Insurance Companys motion to compel the deposition of Nonparty ProCare Funding, LLC for business records is granted.
ProCare is
ordered to appear for deposition and produce documents within 30 days of this ruling.
Plaintiff-Relators Allstate Insurance Companys (Allstate) (Plaintiff) moves to
compel the deposition of Non-party ProCare Funding LLC (ProCare) to appear for deposition to produce business records issued on November 29, 2023.
(Notice of Motion, pg. 2
; C.C.P. §2025.480(a).)
Plaintiff moves on the basis ProCare failed to produce any responsive documents in compliance with the lawfully issued subpoena without justification.
(Notice of Motion, pg. 2.)
Meet and Confer
A motion to compel a deposition must be accompanied by a declaration stating facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.
(C.C.P. §§
2016.040
,
2025.480
(b).)
Plaintiffs counsel declares that on March 19, 2024, she sent Defendants counsel Reed a detailed meet and confer letter explaining the deficiencies in ProCares purported objections to the subpoena.
(Decl. of Stassi ¶6, Exh. D.)
Plaintiffs counsels declaration substantially complies with the requirements of C.C.P. §2016.040.
Background
On December 1, 2023, Plaintiff served a notice for the deposition for production of business records to ProCare set for December 19, 2023.
(Decl. of
Stassi
¶3, Exh. A.)
On January 19, 2024, ProCares counsel set forth ProCares purported objections to the subpoena in a letter.
(Decl. of
Stassi
¶5, Exh. C.)
Plaintiff filed the instant motion on March 22, 2024.
ProCare filed its opposition on July 3, 2024.
Plaintiff filed its reply on July 8, 2024.
Discussion
Where a deponent fails to produce any document, the subpoenaing party may move the court for an order compelling the production of documents, upon a showing of good cause.
(C.C.P. §
2025.480
(a);
see also Thai v. Richmond City Ctr., L.P.
(2022) 86 Cal.App.5th 282, 289.)
Good cause may be established where the request is made in good faith and that the documents sought are relevant to the subject matter and material to the issues in the litigation.
(
Associated Brewers Distributing Co. v. Superior Court
(1967)
65 Cal.2d 583, 58
6-587.)
Documents are discoverable from third parties where they are reasonably likely to lead to the discoverable information or aid in evaluation of the claims. In the context of discovery, evidence is relevant if it might reasonably assist a party in evaluating its case, preparing for trial, or facilitating a settlement.
(
Moore v. Mercer
(2016) 4 Cal. App. 5th 424, 447.)
The broad scope of permissible discovery is equally applicable to discovery of information from a nonparty as it is to parties in the pending suit.
(
Johnson v. Superior Court
(2000) 80 Cal.App.4th 1050, 1062.)
At this stage, relevance is construed broadly and [a]dmissibility is not the test, information unless privileged, is discoverable if it might reasonably lead to admissible evidence.
(
Stewart v. Colonial W. Agency, Inc
. (2001) 87 Cal.App. 1006, 1013.)
Here, good cause exists to compel compliance with Plaintiffs deposition subpoena.
The only documents Plaintiff has requested from ProCare are related to the transactions that form the fraudulent scheme alleged in the operative pleading.
(SAC ¶¶75-92.)
Plaintiff has pursued party discovery, including written interrogatories and requests for production of documents served on New Hope, which has revealed that ProCares arrangement with New Hope is similar to the arrangement New Hope has with Healthcare Financial Solutions, LLC (HFS).
(Decl. of Stassi ¶8.)
Specifically, like HFS, ProCare agreed to (and did) purchase patient accounts from New Hope prior to any patient services (MRIs) having been rendered and paid New Hope up front for the accounts, as set forth in the Accounts Receivable Purchase Agreement Between ProCare Funding, LLC (Buyer) and Adam Avelardo Perez d/b/a New Hope Imaging Services (Seller) dated March 10, 2021 that Defendants produced in discovery.
(Decl. of Stassi ¶8.)
The agreement was subsequently amended in 2019, and Defendants produced the amendment and a bill of sale from 2021 relating to ProCares purchase of New Hope patient accounts.
New Hopes bank account records that Plaintiff subpoenaed from the banks show that ProCare paid New Hope at least $65,710.00 pursuant to this arrangement.
(Decl. of Stassi ¶8; Supp-Decl. of Stassi ¶4, Exh. G.)
Plaintiffs deposition subpoena does not seek documents that would disclose patient information, and to the extent that some patient information may be identified in responsive documents, HIPAA allows such disclosure under an appropriate protective order such as the one that exists in the instant matter.
ProCare claims it need not comply with the subpoena because it requires production of confidential and sensitive business information.
ProCare fails to meet its burden to demonstrate exactly what confidential and sensitive information it would be forced to produce and why the protective order does not provide sufficient protection for that material.
If an objection is based on a claim of privilege or a claim that the information sought is protected . . . the response shall provide sufficient factual information for other parties to evaluate the merits of that claim, including, if necessary, a privilege log. (C.C.P. §2031.240(c)(1);
see also HLC Properties, Limited v. Superior Court
(2005) 35 Cal.4th 54, 59 [The objecting party has the burden to file evidence of the preliminary facts establishing a privilege exists.].)
Here, ProCare has not demonstrated that any such privilege or protection it claims in its objections applies.
ProCares objections do not describe any of these purportedly confidential and sensitive documents with particularity, nor has it produced any privilege log.
Further, any concern ProCare may have is outweighed by Plaintiffs need for the documents and the protections available under the existing protective order.
(
See
Supp.-Decl. of Stassi ¶3, Exh. F.)
ProCares objections that the subpoena is overly broad and oppressive are unavailing because it fails to make a showing of undue burden.
(C.C.P. §2020.220(e) [subpoenaed person bears the burden of demonstrating that the information is from a source that is not reasonably accessible because of undue burden or expense];
Vasquez v. California School of Culinary Arts, Inc.
(2014) 230 Cal.App.4th 35, 42 [stating subpoenaed entity may only oppose production of electronically stored information on the basis that the information is from a source that is not reasonably accessible because of undue burden or expense].)
ProCares conclusory statements do not satisfy its burden to demonstrate undue burden and expense.
The Court grants Plaintiffs motion pursuant to C.C.P. §2025.480 and orders ProCare to
appear for deposition and produce documents and things within thirty (30) days of this Courts ruling
.
Accordingly, Plaintiffs motion is granted.
Conclusion
Plaintiffs motion to compel ProCares compliance with Plaintiffs deposition subpoena for production of business records is granted.
ProCare to appear for deposition and produce the requested documents with 30 days of this ruling.
Moving Party is to give notice of this ruling.
Dated:
July _____, 2024
Hon. Daniel M. Crowley
Judge of the Superior Court
Ruling
KATHRYN BURDGE vs AIRSTREAM, INC.
Jul 18, 2024 |
24CV00800
24CV00800
BURDGE v. AIRSTREAM INC.
AIRSTREAM’S MOTION TO STAY
The motion to stay is denied.
I. BACKGROUND
Kathryn Burdge’s (“Burdge’) amended complaint, filed on March 26, 2024, alleges a
violation of the Song-Beverly Consumer Warranty Act in relation to her purchase of a 2023
Airstream Atlas RV. She purchased the Airstream in Temecula, California and she resided in
Page 6 of 9
Santa Cruz County at the time of the purchase. Burdge asserts various deficiencies/defects with
the RV.
In connection with the purchase of the Airstream, Burdge signed a Limited Warranty
which stated, in part, the following: “LEGAL REMEDIES: EXCLUSIVE JURISDICTION FOR
DECIDING LEGAL DISPUTES RELATING TO THE ALLEGED BREACH OF EXPRESS
WARRANTY AND BREACH OF THE IMPLIED WARRANTIES ARISING BY
OPERATION OF LAW AS WELL AS THOSE RELATING TO REPRESENTATIONS OF
ANY NATURE RESTS IN THE COURTS WITHIN THE STATE OF MANUFACTURE,
WHICH IS OHIO.” (Ex. B to Dec. of March.)
This language is found on the second page of the Limited Warranty and is the second
paragraph before the signature line for the purchaser. The sales contract is 6 pages long and
signatures were required on each page and, on some pages, multiple signatures on each page.
II. MOTION
Airstream seeks to stay this action to allow Burdge to re-file the case in Ohio, the forum
selection state. Airstream bases its motion on the above-referenced forum selection clause
contained in the signed limited warranty. Airstream contends a motion to enforce a forum
selection clause is a motion to stay (or dismiss) the action to allow a plaintiff to file in the proper
court.
Airstream argues the forum selection provision is mandatory and reasonable. Further,
Airstream acknowledges Burdge cannot be compelled to waive her rights under Song-Beverly,
and thus, it will stipulate to have the Ohio courts apply Song-Beverly in this case. Airstream
contends a stay would allow for time to determine if the Ohio courts would apply Song-Beverly.
If they will not, then Burdge could bring the case back to Santa Cruz.
Burdge opposes the stay. She argues Airstream failed to provide evidence demonstrating
she freely and voluntarily agreed to the forum selection clause. Even though Burdge signed the
limited warranty “she had to sign the document even if she did not understand the importance of
the forum selection clause.” (Opp at pg. 3.) That is, Burdge was required to sign the
acknowledgment of document and that does not prove she waived her rights under Song-Beverly
freely and voluntarily.
Burdge asserts Airstream failed to provide evidence that the designated forum will not
diminish her rights afforded under California law. Specifically, she argues, even if the court finds
she freely and voluntarily agreed to the forum selection clause, Airstream cannot show that Ohio
law will not diminish her substantive rights. Burdge contends Airstream’s offer to stipulate to
have the Song-Beverly apply in Ohio is insufficient because the choice of law in the Limited
Page 7 of 9
Warranty states that Ohio law will govern procedural issues and how the express warranty is
construed and interpreted.
III. DISCUSSION
“Trial courts generally have the inherent power to stay proceedings in the interests of
justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33
Cal.App.4th 1484, 1489; see also Cottle v. Superior Court (1992) 3 Cal.App.4th 1367, 1376-79;
CCP § 128(a)(3) [“Every court shall have the power to do all of the following: To provide for the
orderly conduct of proceedings before it, or its officers.”].)
"The procedure for enforcing a forum selection clause is a motion to stay or dismiss for
forum non conveniens." (Olinick v. BMG Entertainment (2006) 138 Cal.App.4th 1286, 1294.)
“California law is ‘in accord with the modern trend which favors enforceability of such
[mandatory] forum selection clauses. [Citations.] No satisfying reason of public policy has been
suggested why enforcement should be denied a forum selection clause appearing in a contract
entered into freely and voluntarily by parties who have negotiated at arm's length. For the
foregoing reasons, we conclude that forum selection clauses are valid and may be given effect, in
the court's discretion and in the absence of a showing that enforcement of such a clause would be
unreasonable.’ [Citation.]” (Quanta Computer Inc. v. Japan Communications Inc. (2018) 21
Cal.App.5th 438, 444-445.)
“‘California courts will refuse to defer to the selected forum if to do so would
substantially diminish the rights of California residents in a way that violates our state's public
policy.’ [Citation.]” (Verdugo v. Alliantgroup, L.P. (2015) 237 Cal.App.4th 141, 147.) “The party
opposing enforcement of a forum selection clause ordinarily ‘bears the substantial burden of
proving why it should not be enforced.’ [Citations.] That burden, however, is reversed when the
claims at issue are based on unwaivable rights created by California statutes. In that situation,
the party seeking to enforce the forum selection clause bears the burden to show litigating
the claims in the contractually designated forum ‘will not diminish in any way the
substantive rights afforded … under California law.’ [Citations.]” (Id.) (Emphasis added.)
In this case, while she did sign the limited warranty, the court agrees with Burdge that the
warranty was not signed knowingly as to the forum selection clause and that application of the
clause would be unreasonable and/or unfair. The clause is buried in the second to the last
paragraph and is written in legalese such that a reasonable consumer could not be expected to
understand they were acquiescing to file a lawsuit in Ohio. The exclusive jurisdiction section
does not adequately inform the consumer that they would need to file suit in Ohio for warranty
issues, especially given that Burdge lives in California and purchased the Airstream in
Page 8 of 9
California. The court also notes the length of the sales contract and number of signatures
required as factors which balance in Burdge’s favor.
The court does not find Airstream has carried its burden in demonstrating that Burdge’s
substantive rights will not be diminished in any way if the case is brought in Ohio. Despite the
offer of Airstream’s counsel to stipulate to apply California law in Ohio, there is no guarantee
the Ohio courts will agree to this arrangement; that is, what is the effect of the stipulation in the
Ohio courts? Second, Airstream’s proposal would create two pending actions, which does not
promote judicial economy. Third, having California courts apply California law simply makes
more sense in terms of protecting Burdge’s rights under the Song-Beverly Act and for efficient
case management.
Notice to prevailing parties: Local Rule 2.10.01 requires you to submit a proposed formal order
incorporating, verbatim, the language of any tentative ruling – or attaching and incorporating the
tentative by reference - or an order consistent with the announced ruling of the Court, in
accordance with California Rule of Court 3.1312. Such proposed order is required even if the
prevailing party submitted a proposed order prior to the hearing (unless the tentative is
simply to “grant”). Failure to comply with Local Rule 2.10.01 may result in the imposition of
sanctions following an order to show cause hearing, if a proposed order is not timely filed.
Page 9 of 9
Ruling
CLEMENTS, BOBBY vs ODAY, JEFF
Jul 19, 2024 |
CV-21-002417
CV-21-002417 – CLEMENTS, BOBBY vs ODAY, JEFF – Defendants’ Motion for Terminating and Monetary Sanctions and in the Alternative Evidentiary Sanctions – GRANTED, in part, Denied in part, unopposed.
The Court finds that Plaintiff’s failure to comply with the Court’s order of February 16, 2023, compelling Plaintiff’s responses to Defendant’s properly propounded discovery within fourteen (14) days, as well as Plaintiff’s failure to comply with the Court’s verbal admonishment in that regard at the Case Management Conference of October 30, 2023, constitutes a willful failure to comply with the Court’s orders that warrant the imposition of terminating sanctions against Plaintiff. (Code of Civil Procedure §§2023.010 and 2023.030; Department of Forestry & Fire Protection v. Howell (2017) 226 Cal.Rptr.3d 727, rehearing denied, review denied; Parker v. Wolters Kluwer United States, Inc. (2007), 149 Cal.App.4th 285; Miranda v. 21st Century Ins. Co. (2004), 117 Cal.App.4th 913; Fred Howland Co. v. Superior Court of Los Angeles County (1966) 244 Cal.App.2d 6050.
Monetary Sanctions of attorney’s fees and costs in the sum of $1560.00 are hereby awarded against Plaintiff payable to Defendant’s Counsel, Aleshia M. White within thirty (30) days of service of this order on Plaintiff.
Ruling
Verdin vs. Nissan North America, Inc.
Jul 16, 2024 |
23CV-0202892
VERDIN VS. NISSAN NORTH AMERICA, INC.
Case Number: 23CV-0202892
This matter is on calendar for review regarding status of mediation. No status report has been filed.
An appearance is necessary on today’s calendar.
Ruling
OREN BEN ELISHA, ET AL. VS CHRISTINA YING DONG, ET AL.
Jul 18, 2024 |
24STCV08602
Case Number:
24STCV08602
Hearing Date:
July 18, 2024
Dept:
72
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
DEPARTMENT 72
TENTATIVE RULING
OREN BEN ELISHA, et al.,
Plaintiffs,
v.
CHRISTINA YING DONG, et al.,
Defendants.
Case No:
24STCV08602
Hearing Date:
July 18, 2024
Calendar Number:
5
Defendants Christina Ying Dong (Dong) and Sylmar Calvert LLC (Sylmar) (collectively, Defendants) move to expunge the notice of lis pendens currently recorded on the property located at 14401 Calvert Street, Van Nuys, California 91311 (the Property). Defendants additionally move for an award of attorneys fees.
The Court GRANTS Defendants motion and ORDERS the expungement of Plaintiffs lis pendens on the Property.
Background
This case relates to failed negotiations between Plaintiffs Oren Ben Elisha and Yosef Ben Elisha (Plaintiffs) and Defendant Dong to purchase real property located at 14401 Calvert Street, Van Nuys, California 91311 (the Property) through Defendant Sylmar.
On July 27, 2023, Dong entered into a purchase agreement to purchase the Property and opened escrow. (Dong Decl. ¶ 5.)
In August of 2023, Dong offered Plaintiffs an opportunity to invest in an entity that would take title to the Property. (Dong Decl. 6.) On August 9, 2023, Dong filed the Articles of Organization for Sylmar for this purpose. (Dong Decl. ¶ 7, Ex. A.) The parties were scheduled to close escrow by February 28, 2024. (Dong Decl. ¶ 8.)
Plaintiffs filed this action on April 5, 2024, raising claims for (1) resulting trust; (2) constructive trust; (3) specific performance; (4) quiet title; (5) accounting; (6) breach of contract; (7) breach of fiduciary duty; and (8) dissolution of partnership.
Request for Judicial Notice
The Court takes judicial notice of Exhibits 1 and 3 to Plaintiffs opposition as public records. The Court does not take notice of the truth of their contents.
Evidentiary Objections
The Court overrules Plaintiffs evidentiary objections.
Legal Standard
A party to an action who asserts a real property claim may record a notice of pendency of action in which that real property claim is alleged. The notice may be recorded in the office of the recorder of each county in which all or part of the real property is situated. The notice shall contain the names of all parties to the action and a description of the property affected by the action. (Code Civ. Proc., § 405.20.)
Except in actions subject to Section 405.6, the claimant shall, prior to recordation of the notice, cause a copy of the notice to be mailed, by registered or certified mail, return receipt requested, to all known addresses of the parties to whom the real property claim is adverse and to all owners of record of the real property affected by the real property claim as shown by the latest county assessment roll. &. Immediately following recordation, a copy of the notice shall also be filed with the court in which the action is pending. Service shall also be made immediately and in the same manner upon each adverse party later joined in the action. (Code Civ. Proc., § 405.22.)
At any time after a notice of pendency of action has been recorded, any party. . . with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice. (Code Civ. Proc., §405.30.)
A lis pendens may be expunged either (1) if the pleadings do not contain a real property claim, or (2) if the court finds that the party claiming the lis pendens has not established by a preponderance of the evidence the probable validity of the real property claim. (Code Civ. Proc., §§ 405.31, 405.32.)
The party asserting the lis pendens has the burden of proof under Section 405.31 and Section 405.32.¿(Code Civ. Proc., § 405.30) The burden is to demonstrate that their pleadings contain a real property claim and that the probable validity of their real property claim can be established by a preponderance of the evidence. (Code Civ. Proc., §405.31; see also McKnight v. Superior Court (1985) 170 Cal. App. 3d 291, 298 [the burden is upon the recording party to demonstrate by a preponderance of the evidence that the action was commenced and prosecuted for a proper purpose and in good faith] .) Probable validity exists when it is more likely than not that the claimant will obtain a judgment on the claim. (Code Civ. Proc., § 405.3.)¿
Any time after a notice of pendency of action has been recorded the court may also upon motion by any person with an interest in the property, require the claimant to give the moving party an undertaking as a condition of maintain the notice in the record title. (Code Civ. Proc., § 405.34)
Discussion
Procedural Defects
Any notice of pendency of action shall be void and invalid as to any adverse party or owner of record unless the requirements of Section 405.22 are met for that party or owner and a proof of service in the form and content specified in Section 1013a has been recorded with the notice of pendency of action. (Code Civ. Proc., § 405.23.)
Defendants contend that the lis pendens is subject to expungement under Code of Civil Procedure, section 405.23 because Plaintiffs did not immediately serve the notice on Defendants or file it with the Court. (Dong Decl., ¶¶ 20-21.)
On July 9, following Defendants filing of this motion, Plaintiffs filed a notice of lis pendens with this Court and served the notice on Plaintiffs counsel.
The notice requirement is intended to assure that property owners receive prompt notice of the recording of a lis pendens. (
Biddle v. Superior Court
(1985) 170 Cal.App.3d 135, 137.) However, where a plaintiff substantially complies with the notice statute and promptly conveys actual notice to the affected party, the purpose of the statute is satisfied. (
Ibid
.) In
Biddle
, the plaintiff filed a notice of lis pendens and mailed a copy to the defendant simultaneously, sent it to the wrong location and did not request a return receipt as required. (
Id
. at pp. 136-137.) The court found that the plaintiff had substantially complied with the notice statute. (
Id
. at p. 137.)
Here, the delay was longer. Plaintiffs served the notice roughly three months after filing it. However, Defendants had actual notice, and the method of Plaintiffs eventual service was otherwise proper. The Court therefore finds that Plaintiffs substantially complied with the notice statute.
Substantive Defects
A lis pendens may be expunged either (1) if the pleadings do not contain a real property claim, or (2) if the court finds that the party claiming the lis pendens has not established by a preponderance of the evidence the probable validity of the real property claim. (Code Civ. Proc., §§ 405.31, 405.32.)
Defendants contend that Plaintiffs claims for breach of contract, breach of fiduciary duty, accounting, and dissolution of partnership are not real property claims. Plaintiffs do not contest this. Plaintiffs rather contend that their claims for resulting trust, constructive trust, specific performance, and quiet title are real property claims that satisfy the test of probable validity.
The Court first notes that Plaintiffs Complaint is exceedingly short, with the factual allegations comprising slightly over one page. The factual allegations themselves only contain general statements that the parties had worked together on real estate opportunities as partners in the past, and that Dong owed Plaintiffs fiduciary duties as a result; that Dong and Plaintiffs agreed to form a partnership to purchase the Property; that Plaintiffs were involved in the negotiation and diligence process; and that Dong then purchased the Property herself under Sylmars name. The Complaint alleges that this purchase breached the parties agreement, as well as Dongs alleged fiduciary duties to Plaintiffs. The Complaint does not expand on the terms of the parties agreement, what performance was obligated of each party, or whether it was oral or in writing. Further, the Complaint does not contain any allegations specific to each of the eight causes of action. Nor have Plaintiffs amended the Complaint in the three months since it was filed to fill out these allegations.
Plaintiffs attempt to expand on the allegations of the Complaint in their opposition brief, stating that the reason the Complaint is so threadbare is because Plaintiffs were in a rush to file the lis pendens and thereby prevent Defendants from selling the Property. (Opposition at p. 12:10-12.) While that may be so, Plaintiffs are certainly not still in a rush three months later.
Specific Performance
To state a cause of action for breach of contract, a plaintiff must be able to establish (1) the existence of the contract, (2) plaintiffs performance or excuse for nonperformance, (3) defendants breach, and (4) the resulting damages to the plaintiff. (
Oasis West Realty, LLC v. Goldman
(2011) 51 Cal.4th 811, 821.)
If a breach of contract claim is based on alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint or a copy of the written agreement must be attached and incorporated by reference. (
Harris v. Rudin, Richman & Appel
(1999) 74 Cal.App.4th 299, 307.) In some circumstances, a plaintiff may also plead the legal effect of the contract rather than its precise language. (
Construction Protective Services, Inc. v. TIG Specialty Ins. Co.
(2002) 29 Cal.4th 189, 198-199.)
To obtain specific performance after a breach of contract, a plaintiff must generally show: (1) the inadequacy of his legal remedy; (2) an underlying contract that is both reasonable and supported by adequate consideration; (3) the existence of a mutuality of remedies; (4) contractual terms which are sufficiently definite to enable the court to know what it is to enforce; and (5) a substantial similarity of the requested performance to that promised in the contract. (
Real Estate Analytics, LLC v. Vallas
(2008) 160 Cal.App.4th 463, 472 [citation and quotation marks omitted].)
Defendants argue that Plaintiffs cannot satisfy the statute of frauds with respect to the alleged contract.
A contract coming within the statute of frauds is invalid unless it is memorialized by a writing subscribed by the party to be charged or by the party's agent. (
Secrest v. Security National Mortgage Loan Trust 2002-2
(2008) 167 Cal.App.4th 544, 552, citing Civ. Code, § 1624.) An agreement for the sale of real property or an interest in real property comes within the statute of frauds. (
Ibid
, citing Civ. Code, § 1624, subd. (a)(3).)
Although the parties dispute whether the alleged agreement was for the purchase of land, the Court assumes for the sake of the statute of frauds analysis that it is because the alternative would render Plaintiffs contract claims inappropriate for a lis pendens in any event.
Here, Plaintiffs have not provided evidence of a writing memorializing the contract. Plaintiffs contend that a series of text messages sent between Dong and Yosef Ben Elisha memorialize the contract. Yosef Ben Elisha declares that the text messages state as follows:
Dong:
Hi Yossi, hope all is well. I made an appointment with Armin today to go to his office at 2pm. Thank you for introducing him and his firm. If you are still interested in the project. You are welcome to join me.
Plaintiff Yosef Ben Elisha:
Good morning Christina,
I can follow up with you around 12pm to try to show up. I do have meeting that I will need to schedule to make it happen. I will let you know around 12pm.
Dong:
Thanks so much Yossi. Sorry for the late notice. Just decided to meet with him for final DD before closing :)
Plaintiff Yosef Ben Elisha:
Yes
I will be there 2pm
(Decl. Yosef Ben Elish ¶ 29 [emphasis in original].)
There are two problems with Plaintiffs argument. First, these text messages hardly set forth the key terms of an agreement to purchase the Property. Second, [a]n electronic message of an ephemeral nature that is not designed to be retained or to create a permanent record, including, but not limited to,
a text message
or instant message format communication, is insufficient under this title to constitute a contract to convey real property, in the absence of a written confirmation& (Civ. Code, § 1624, subd. (d) [emphasis added].) The Court therefore concludes that the text messages that Plaintiff provides do not satisfy the statute of frauds.
[F]ull performance takes a contract out of the statute of frauds has been limited to the situation where performance consisted of conveying property, rendering personal services, or doing something other than payment of money. (
Secrest
,
supra
, 167 Cal.App.4th at p. 556.)
Plaintiffs argue that the contract does not fall under the statute of frauds because they substantially performed. (Opposition at p. 14:5-10.) Plaintiffs contend that this substantial performance consisted of completing due diligence, meeting and communicating with the prior agent of the Property, communicating with the Propertys prior owner, communicating with the contamination specialist, communicating with prospective investors, retaining an architect, putting together cost estimates, and putting together a timeline of development. The problem with Plaintiffs argument is that
full
performance, not
substantial
performance, is required. Plaintiffs do not provide any allegations in the Complaint or arguments in their brief indicating what performance was actually required of them. The Court is not prepared to jump to the conclusion that the list of actions Plaintiffs provide constituted the full performance of Plaintiffs obligations under the alleged contract.
The Court therefore finds that the statute of frauds is not satisfied. As a result, there Plaintiffs have not shown the probable validity of their claims for specific performance or breach of contract.
Resulting Trust
There are two problems with Plaintiffs resulting trust claim.
First, [a] resulting trust does not arise from any oral agreement between the parties, but only as a result of the advancement of at least part of the consideration by the one claiming to be the beneficiary. (
Laing v. Laubach
(1965) 233 Cal.App.2d 511, 517.) Plaintiffs have failed to allege or provide a written agreement.
Second, [a] resulting trust cannot be enforced in favor of a person who has paid part of the consideration for the transfer of property unless it is possible to clearly establish the amount of money contributed by him [or her] or the proportion of his [or her] contribution to the whole purchase price &. One who claims a resulting trust in land must establish clearly, convincingly and unambiguously, the precise amount or proportion of the consideration furnished by him [or her] &. If the claimant does not, then the presumption of ownership arising from the legal title is not overcome and a resulting trust will not be declared. (
Lloyds Bank California v. Wells Fargo Bank
(1986) 187 Cal.App.3d 1038, 10441045 [citations and quotation marks omitted].) Here, Plaintiffs do not allege that they paid any of the consideration for the Property, let alone part of it.
For both of these reasons, Plaintiffs have not shown the probable validity of their claim for resulting trust.
Constructive Trust
[A] constructive trust may only be imposed where the following three conditions are satisfied: (1) the existence of a res (property or some interest in property); (2) the right of a complaining party to that res; and (3) some wrongful acquisition or detention of the res by another party who is not entitled to it. (
Communist Party v. 522 Valencia, Inc.
(1995) 35 Cal.App.4th 980, 990.)
As discussed above, Plaintiffs have not provided evidence of a contract giving them a right to the Property. Plaintiffs have not pled or argued a different basis for such a right, either. As a result, Plaintiffs have not shown that they can satisfy the second element, and therefore have not shown the probable validity of this claim.
Quiet Title
Code of Civil Procedure, section 761.020 sets forth the requirements for an action for quiet title:
The complaint shall be verified and shall include all of the following:
(a) A description of the property that is the subject of the action. In the case of tangible personal property, the description shall include its usual location. In the case of real property, the description shall include both its legal description and its street address or common designation, if any.
(b) The title of the plaintiff as to which a determination under this chapter is sought and the basis of the title. If the title is based upon adverse possession, the complaint shall allege the specific facts constituting the adverse possession.
(c) The adverse claims to the title of the plaintiff against which a determination is sought.
(d) The date as of which the determination is sought. If the determination is sought as of a date other than the date the complaint is filed, the complaint shall include a statement of the reasons why a determination as of that date is sought.
(e) A prayer for the determination of the title of the plaintiff against the adverse claims.
(Code Civ. Proc., § 761.020.)
There are several problems. First, the Complaint is not verified. Second, at its most generous reading, the Complaint alleges that the parties formed a contract to purchase the Property together but as discussed above, Plaintiffs have not satisfied the statute of frauds with respect to this contract, and therefore cannot show the basis for their title to the Property. For both of these reasons, the Court finds that Plaintiffs have not established the probable validity of their quiet title claim.
Conclusion
Plaintiffs have failed to show the probable validity of any of their claims sounding in real property. The Court therefore grants Defendants motion and orders the expungement of Plaintiffs lis pendens on the Property.
Preview
FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 EXHIBIT B FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 WINDELS MARX LANE & MITTENDORF, LLP 120 Albany Street Plaza Tower I - Suite 600 New Brunswick, NJ 08901 Tel: 732-846-7600 Fax: 732-846-8877 Tax I.D.# 13-2773235 May 18, 2018 Bill Number 84000 File Number 0308130-0000012 jleibowitz@maverickrep.com Maverick Real Estate Partners LLC 370 Lexington Avenue, Suite 1812 New York, NY 10017 Attn: Edward Martell The enclosed bill is for services rendered ending April 30, 2018. The breakdown of this bill by matter is as follows: Legal Services Jekogian $15,575.00 Total for Legal Services $15,575.00 Expenses Jekogian $2,256.19 Total for Expenses $2,256.19 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 jleibowitz@maverickrep.com Total for This Bill $17,831.19 Total Due $17,831.19 Page 2 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 WINDELS MARX LANE & MITTENDORF, LLP 120 Albany Street Plaza Tower I - Suite 600 New Brunswick, NJ 08901 Tel: 732-846-7600 Fax: 732-846-8877 Tax I.D.# 13-2773235 May 18, 2018 Bill Number 84000 File Number 0308130-0000012 jleibowitz@maverickrep.corn Maverick Real Estate Partners LLC 370 Lexington Avenue, Suite 1812 New York, NY 10017 Attn: Edward Martell The enclosed bill is for services rendered ending April 30, 2018. The breakdown of this bill by matter is as follows: Legal Services Jekogian $15,575.00 Total for Legal Services $15,575.00 Expenses Jekogian $2,256.19 Total for Expenses $2,256.19 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 jleibowitz@maverickrep.corn Total for This Bill $17,831.19 Total Due $17,831.19 Page 2 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 WINDELS MARX LANE & MITTENDORF, LLP 120 Albany Street Plaza Tower I - Suite 600 New Brunswick, NJ 08901 Tel: 732-846-7600 Fax: 732-846-8877 Tax I.D.# 13-2773235 May 18, 2018 Bill Number 84000 File Number 0308130-0000012 jleibowitz@maverickrep.corn Maverick Real Estate Partners LLC 370 Lexington Avenue, Suite 1812 New York, NY 10017 Attn: Edward Martell FOR PROFESSIONAL SERVICES RENDERED FOR THE PERIOD Through April 30, 2018 Re: Jekogian SERVICES Date Attv Description Time 02/20/18 DAS Continued review of information on judgment collection 2.10 Hrs matter and understanding facts for same. 03/05/18 DAS Attention to e-filing of consents to change attorneys. 0.20 Hrs 03/12/18 DAS Review files provided by M. Scully. 3.60 Hrs 03/13/18 DAS Prepare draft letter to lender; send to T. Martell regarding 0.80 Hrs same; review draft confidentiality agreement; propose changes to same. Page 1 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 jleibowitz@maverickrep.com Re: Jekogian Date Attv Description Time 03/13/18 RWF Review Judgment Creditor's Motion to Hold Judgment 0.60 Hrs Debtor in Contempt for Failure to Provide Discovery 03/14/18 DAS Review confidentiality order; telephone conference with 1.00 Hrs T. Martell and D. Aviram regarding same; revise same; continue reviewing files provided by J. Scully; email with J. Scully; review N.Y. Statute regarding timing of claim. 03/15/18 DAS Telephone conference with T. Martell, J. Yetter and D. 3.50 Hrs Aviram regarding strategies 11111111111111111111111111111111111prepare new confidentiality agreement; review documents provided by DropBox in response to bank subpoenas; review research regarding fraudulent conveyances. 03/15/18 RWF Legal research re: claim for aiding and abetting 3.40 Hrs fraudulent conveyance / proper venue for fraudulent conveyance claim. 03/16/18 DAS Telephone conference with T. Martell approving 0.30 Hrs confidentiality agreement; revise same; email to D. Nevins regarding same. 03/19/18 DAS Travel to Manhattan for return date on 4.00 Hrs sanctions/contempt application. 03/19/18 RBS Continue attention to retrieving and processing 1.50 Hrs documents received from client. 03/20/18 DAS Email to T. Martell and D. Aviram updating them on 0.30 Hrs status of court conference; docket dates for future conference and deadlines for matter. 03/20/18 RWF Legal research re: claim for aiding and abetting 1.80 Hrs fraudulent conveyance, proper venue for fraudulent conveyance claim, necessary parties to fraudulent conveyance claim, personal jurisdiction over a trust that is a recipient of a fraudulent conveyance. 03/22/18 RWF Legal research re: claim for aiding and abetting 1.20 Hrs fraudulent conveyance, proper venue for fraudulent conveyance claim, necessary parties to fraudulent conveyance claim, personal jurisdiction over a trust that is a recipient of a fraudulent conveyance. 03/26/18 DAS Email to note holders regarding new money judgment. 0.10 Hrs 03/26/18 RWF Draft fraudulent conveyance complaint. 0.80 Hrs Page 2 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 jleibowitz©maverickrep.com Re: Jekogian Date Attv Description Time 03/27/18 DAS Update to T. Martell. 0.10 Hrs 03/27/18 RWF Draft fraudulent conveyance complaint. 2.90 Hrs 03/30/18 RWF Legal research re: fraudulent conveyance causes of 2.80 Hrs action; legal research re: personal jurisdiction over PA trust. 04/02/18 DAS E-mail to D. Nevins regarding comments to 0.10 Hrs confidentiality agreement. 04/02/18 DAS Email update to T. Martell. 0.10 Hrs 04/03/18 DAS Edit, revise and finalize draft complaint. 2.40 Hrs 04/03/18 RWF Conference re: status of cases; phone conference with 1.50 Hrs client re: same. 04/04/18 DAS Review comments to new complaint from D. Aviram and 0.20 Hrs T. Martell. 04/04/18 RWF Edit fraudulent conveyance complaint; legal research re: 2.50 Hrs same; draft answer to counterclaims in Presidential Matter. 04/05/18 DAS Review amendments to Complaint; revise same 1.80 Hrs proposed edits to complaint; review memo from T. Martell regarding subpoena targets. 04/05/18 RWF Conference re: fraudulent conveyance complaint; draft 0.50 Hrs correspondence re: same. 04/06/18 DAS Telephone conference with T. Martell and J. Yetter 0.40 Hrs regarding subpoenas. 04/06/18 RWF Conference re: status of case; phone conference with 0.40 Hrs Maverick re: subpoena strategy. 04/09/18 DAS Edit and revise complaint. 0.90 Hrs 04/09/18 RWF Edit Fraudulent Conveyance Complaint; prepare same 1.50 Hrs for filing. 04/10/18 DAS Letter from D. Nevins regarding conflict of interest; share 2.40 Hrs same with D. Aviram and T. Martell; research law on claimed conflict of interest gather facts; email with D. Nevins regarding comments to confidentiality agreement. 04/11/18 DAS Attention to claimed conflict and obtaining proofs to rebut 0.80 Hrs same. 04/11/18 RWF Edit answer to counterclaims in Presidential matter; draft 0.60 Hrs correspondence re: same. 04/12/18 RWF Draft affidavit of service for answer to counterclaims in 0.10 Hrs Presidential matter; attention to filing and service of same. Page 3 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 jleibowitz@maverickrep.com Re: Jekogian Date Attv Description Time 04/17/18 DAS Review requests for admission; review settlement 0.50 Hrs demand; comment and edit same. 04/18/18 DAS Revise letter to D. Nevins in response to conflict; email 0.70 Hrs exchanges with D. Nevins regarding confidentiality agreement; email with T. Martell and D. Aviram regarding same; attention to timing of subpoenas to third-parties. 04/19/18 DAS Telephone conference with D. Nevins regarding 1.10 Hrs response to discovery demands and stipulation of confidentiality; emails with D. Nevins regarding motion and objection to same; prepare email to D. Nevins regarding motion. 04/20/18 DAS E-mails regarding confidentiality agreement and 0.20 Hrs comments to proposed agreement. 04/23/18 DAS Review opposition submitted by D. Nevins; outline reply 0.30 Hrs to same. 04/24/18 DAS Review letter from D. Nevins to Court regarding motion 2.20 Hrs for contempt; prepare affirmation in reply to same; review proposed assignments of new judgments and due diligence regarding same. 04/25/18 DAS E-mail to J. Lauch regarding due diligence on judgments 0.10 Hrs to be assigned. 04/26/18 DAS Revise and finalize certification in reply to Jekogiants 0.30 Hrs opposition. 04/27/18 DAS E-mail with J. Lauck regarding status of due diligence 0.10 Hrs materials on new judgments. 04/27/18 RWF Legal research re: statute of limitations for fraudulent 3.20 Hrs conveyance claims in Pennsylvania; Legal research re: time to move to dismiss for lack of personal jurisdiction in New York; conference re: same; Draft discovery demands in Presidential Matter. 04/30/18 DAS Travel to Manhattan for return date on motion to hold 4.00 Hrs defendant in contempt; argue motion; prepare stipulation. 04/30/18 RWF Draft discovery in Presidential Matter. 3.00 Hrs TOTAL SERVICES $15,575.00 Page 4 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 jleibowitz©maverickrep.com Re: Jekogian HOURLY RATE Stevinson, Douglas A 34.60 Hrs 250/hr $8,650.00 Suber, Ronetta 1.50 Hrs 150/hr $225.00 Federer, Ryan W. 26.80 Hrs 250/hr $6,700.00 62.90 Hrs $15,575.00 DISBURSEMENTS Reproduction $71.20 US Postage $7.19 Air Courier / Messenger $37.66 Lexis/Westlaw Research $1,335.19 Service Fees $804.95 TOTAL DISBURSEMENTS $2,256.19 INVOICE TOTAL $17,831.19 REMAINING RETAINER $489.50 Page 5 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 WINDELS MARX LANE & MITTENDORF, LLP 120 Albany Street Plaza Tower I - Suite 600 New Brunswick, NJ 08901 Tel: 732-846-7600 Fax: 732-846-8877 Tax I.D.# 13-2773235 June 21, 2018 Bill Number 86049 File Number 0308130-0000012 jleibowitz@maverickrep.com Maverick Real Estate Partners LLC 370 Lexington Avenue, Suite 1812 New York, NY 10017 Attn: Edward Martell The enclosed bill is for services rendered ending May 31, 2018. The breakdown of this bill by matter is as follows: Legal Services Jekogian $1,575.00 Total for Legal Services $1,575.00 Expenses Jekogian $1,121.46 Total for Expenses $1,121.46 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 jleibowitz@maverickrep.com Total for This Bill $2,696.46 Total Due $2,696.46 Page 2 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 WINDELS MARX LANE & MITTENDORF, LLP 120 Albany Street Plaza Tower I - Suite 600 New Brunswick, NJ 08901 Tel: 732-846-7600 Fax: 732-846-8877 Tax I.D.# 13-2773235 June 21, 2018 Bill Number 86049 File Number 0308130-0000012 jleibowitz@maverickrep.com Maverick Real Estate Partners LLC 370 Lexington Avenue, Suite 1812 New York, NY 10017 Attn: Edward Martell The enclosed bill is for services rendered ending May 31, 2018. The breakdown of this bill by matter is as follows: Legal Services Jekogian $1,575.00 Total for Legal Services $1,575.00 Expenses Jekogian $1,121.46 Total for Expenses $1,121.46 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 jleibowitz@maverickrep.com Total for This Bill $2,696.46 Total Due $2,696.46 Page 2 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 WINDELS MARX LANE & MITTENDORF, LLP 120 Albany Street Plaza Tower I - Suite 600 New Brunswick, NJ 08901 Tel: 732-846-7600 Fax: 732-846-8877 Tax I.D.# 13-2773235 June 21, 2018 Bill Number 86049 File Number 0308130-0000012 jleibowitz@maverickrep.com Maverick Real Estate Partners LLC 370 Lexington Avenue, Suite 1812 New York, NY 10017 Attn: Edward Martell FOR PROFESSIONAL SERVICES RENDERED FOR THE PERIOD Through May 31, 2018 Re: Jekogian SERVICES Date Atty Description Time 05/01/18 RWF Draft discovery requests in Presidential Matter; 4.00 Hrs conference call with client re: status of pending matters. 05/03/18 DAS E-mail with client e-mail from D. 0.20 Hrs Nevins with countersigned order of confidentiality; e-mail from J. Lauch regarding status of new judgments for assignment. 05/11/18 DAS Letter to Justice Hagler requesting "so ordered" 0.20 Hrs confidentiality order; follow-up with J. Lauch regarding new judgments to purchaser. Page 1 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 jleibowitz@maverickrep.com Re: Jekogian Date Atty Description Time 05/15/18 RWF Research re: requests for admissions; conference re: 0.40 Hrs status of various cases. 05/16/18 DAS E-mails with D. Nevins regarding acceptance of service 0.20 Hrs and "so ordered" stipulation; email from J. Lauck regarding three money judgments against N. Jekogian; 05/17/18 DAS E-mails with G. Deon her partner regarding filing action 0.20 Hrs in Pennsylvania; advise E. Martell of same; email with D. Nevins regarding acceptance of service of complaint. 05/21/18 RWF Legal research re: service of Summons and Complaint 0.20 Hrs on out-of-state party in New York 05/23/18 DAS Begin review documents produced by judgment-debtor; 0.80 Hrs review retainer agreement from Eastburn & Grey; forward same to T. Martell for consideration. 05/30/18 DAS Telephone conference with T. Martell regarding status of 0.10 Hrs case and next steps. TOTAL SERVICES $1,575.00 HOURLY RATE Stevinson, Douglas A 1.70 Hrs 250/hr $425.00 Federer, Ryan W. 4.60 Hrs 250/hr $1,150.00 6.30 Hrs $1,575.00 DISBURSEMENTS Lexis/Westlaw Research $697.60 Staff Overtime $37.50 Local Travel $176.36 Filing Fees $210.00 TOTAL DISBURSEMENTS $1,121.46 Page 2 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 jleibowitz@maverickrep.com INVOICE TOTAL $2,696.46 REMAINING RETAINER $489.50 Page 3 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 WINDELS MARX LANE & MITTENDORF, LLP 120 Albany Street Plaza Tower I - Suite 600 New Brunswick, NJ 08901 Tel: 732-846-7600 Fax: 732-846-8877 Tax I.D.# 13-2773235 July 17, 2018 Bill Number 87993 File Number 0308130-0000012 jleibowitz@maverickrep.corn Maverick Real Estate Partners LLC 370 Lexington Avenue, Suite 1812 New York, NY 10017 Attn: Edward Martell The enclosed bill is for services rendered ending June 30, 2018. The breakdown of this bill by matter is as follows: Legal Services Jekogian $845.00 Total for Legal Services $845.00 Expenses Jekogian $152.25 Total for Expenses $152.25 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 jleibowitz@maverickrep.corn Total for This Bill $997.25 Total Due $3,693.71 Page 2 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 WINDELS MARX LANE & MITTENDORF, LLP 120 Albany Street Plaza Tower I - Suite 600 New Brunswick, NJ 08901 Tel: 732-846-7600 Fax: 732-846-8877 Tax I.D.# 13-2773235 July 17, 2018 Bill Number 87993 File Number 0308130-0000012 jleibowitz@maverickrep.corn Maverick Real Estate Partners LLC 370 Lexington Avenue, Suite 1812 New York, NY 10017 Attn: Edward Martell FOR PROFESSIONAL SERVICES RENDERED FOR THE PERIOD Through June 30, 2018 Re: Jekogian SERVICES Date Atty Description Time 06/05/18 DAS Email from J. Lauch regarding status of assigned 0.10 Hrs judgments. 06/11/18 DAS Review documents from J. Lauch; review online dockets; 0.80 Hrs telephone conference with court regarding validity of index numbers. 06/12/18 DAS (Presidential) Review and edit discovery demands. 0.30 Hrs 06/13/18 DAS Community with J. Lauch regarding desire to close on 0.20 Hrs judgment acquisition; review assignments; 1111111111111111111111111111111•1 Page 1 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 jleibowitz@maverickrep.com Re: Jekogian Date Atty Description Time 06/14/18 DAS E-mails with E. Martel and W. Dudeck regarding filing of 0.10 Hrs PA action against N. Jekogian. 06/15/18 DAS Review assignments of judgment; email with J. Lauch 0.20 Hrs regarding same; attention to closing on same; email with PA Counsel regarding status of action. 06/18/18 DAS Review original assignments of judgment provided by J. 0.20 Hrs Lauch; email to E. Martell and D. Aviram regarding same. 06/22/18 DAS Review and finalize discovery demands in Presidential 0.40 Hrs matter; email with California counsel regarding judgment execution assistance. 06/28/18 LMC Multiple telephone calls to New York County Clerk; draft 0.80 Hrs letter to clerk regarding registering assignments of judgment in New York; telephone call to Marion County Clerk; draft letter to clerk requesting exemplified copies of assignment of judgement. 06/28/18 RWF Research re: deadline for defendants to answer 0.60 Hrs complaint; research re: subpoena strategy. TOTAL SERVICES $845.00 HOURLY RATE Stevinson, Douglas A 2.30 Hrs 250/hr $575.00 Cheney, Lisa M. 0.80 Hrs 150/hr $120.00 Federer, Ryan W. 0.60 Hrs 250/hr $150.00 3.70 Hrs $845.00 DISBURSEMENTS Reproduction - Outside Services $12.00 Air Courier / Messenger $13.72 Lexis/Westlaw Research $126.53 TOTAL DISBURSEMENTS $152.25 Page 2 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 jleibowitz@maverickrep.com INVOICE TOTAL $997.25 REMAINING RETAINER $489.50 PREVIOUSLY BILLED AND UNPAID 86049 06/21/18 2,696.46 TOTAL DUE THIS STATEMENT $3,693.71 Page 3 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 WINDELS MARX LANE & MITTENDORF, LLP 120 Albany Street Plaza Tower I - Suite 600 New Brunswick, NJ 08901 Tel: 732-846-7600 Fax: 732-846-8877 Tax I.D.# 13-2773235 August 13, 2018 Bill Number 89839 File Number 0308130-0000012 jleibowitz@maverickrep.com Maverick Real Estate Partners LLC 370 Lexington Avenue, Suite 1812 New York, NY 10017 Attn: Edward Martell The enclosed bill is for services rendered ending July 31, 2018. The breakdown of this bill by matter is as follows: Legal Services Jekogian $3,825.00 Total for Legal Services $3,825.00 Total for This Bill $3,825.00 Total Due $4,822.25 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 WINDELS MARX LANE & MITTENDORF, LLP 120 Albany Street Plaza Tower I - Suite 600 New Brunswick, NJ 08901 Tel: 732-846-7600 Fax: 732-846-8877 Tax 1.D.# 13-2773235 August 13, 2018 Bill Number 89839 File Number 0308130-0000012 jleibowitz@maverickrep.com Maverick Real Estate Partners LLC 370 Lexington Avenue, Suite 1812 New York, NY 10017 Attn: Edward Martell FOR PROFESSIONAL SERVICES RENDERED FOR THE PERIOD Through July 31, 2018 Re: Jekogian SERVICES Date Atty Description Time 07/03/18 DAS Attention to providing California counsel to Maverick for 0.10 Hrs enforcement agreement N. Jekogian. 07/10/18 DAS Attention to status of service upon Jekogian and Family 0.20 Hrs trust. 07/11/18 DAS Telephone conference with E. Milby regarding joint 0.90 Hrs prosecution of claims against Family Trusts; discuss same with T. Martell; email regarding same to D. Aviram and T. Martell; telephone conference with P. Flaherty regarding discovery in Presidential matter; conduct legal research regarding door man service; telephone conference with T. Martell regarding service of process Page 1 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 jleibowitz@maverickrep.com Re: Jekogian Date Atty Description Time and contacting D. Nevins regarding same; attention to contacting D. Nevins. 07/11/18 RWF Legal research re: service of process on doorman; 2.10 Hrs conference re: same. 07/12/18 DAS E-mail and telephone conference with D. Nevins 0.20 Hrs regarding service of process. 07/13/18 DAS E-mail with E. Milby regarding availability for meeting to 0.10 Hrs discuss present of N. Jekogian and family trusts. 07/16/18 DAS Forward discovery demands to P. Flaherty; email with J. 4.80 Hrs Lauck regarding rejection of assignments; email with J. Lauck regarding same; review files and coordinate litigation strategies; prepare subpoena form to use for banking institutions; emails with D. Nevins regarding acceptance of service and waiver of jurisdictional defenses. 07/16/18 RWF Research re: Jekogian's asserts and prior testimony / 0.80 Hrs documentation of same. 07/17/18 DAS Continued attention to reviewing litigation and claim 4.50 Hrs agreement Presidential and family trust; email with J. Yetter regarding Jekogian TD Bank accounts. 07/18/18 DAS E-mail from J. Lauch regarding revised assignments. 0.10 Hrs 07/19/18 DAS E-mail from D. Nevins regarding stipulation extending 0.10 Hrs time to answer; respond to same. 07/24/18 DAS E-mail with counsel in PA pushing litigation to final 0.10 Hrs judgment. 07/26/18 DAS E-mails with W. Dudeck regarding default judgments and 0.10 Hrs service of N. Jekogian Ill in New York with Pennsylvania action. 07/27/18 DAS Reach out for E. Milby regarding meeting of clients. 0.10 Hrs 07/30/18 DAS Telephone conference with T. Martell; attention to 0.10 Hrs communication from D. Nevins regarding answer to complaint. 07/31/18 DAS Attention to contact from P. Flaherty regarding status of 0.10 Hrs discovery and demand for dismissal of action. 07/31/18 DAS Telephone conference with D. Nevins and R. Federer 0.90 Hrs regarding request for waiver of defenses; discuss tolling agreement; email to D. Aviram and T. Martell regarding same; email to W. Dudeck requesting thoughts and comments to same; email to D. Nevins requesting clarification to waivers. Page 2 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 jleibowitz@maverickrep.com TOTAL SERVICES $3,825.00 HOURLY RATE Stevinson, Douglas A 12.40 Hrs 250/hr $3,100.00 Federer, Ryan W. 2.90 Hrs 250/hr $725.00 15.30 Hrs $3,825.00 INVOICE TOTAL $3,825.00 REMAINING RETAINER $489.50 PREVIOUSLY BILLED AND UNPAID 87993 07/17/18 997.25 TOTAL DUE THIS STATEMENT $4,822.25 Page 3 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 WINDELS MARX LANE & MITTENDORF, LLP 120 Albany Street Plaza Tower I - Suite 600 New Brunswick, NJ 08901 Tel: 732-846-7600 Fax: 732-846-8877 Tax I.D.# 13-2773235 September 11, 2018 Bill Number 91399 File Number 0308130-0000012 jleibowitz@maverickrep.com Maverick Real Estate Partners LLC 370 Lexington Avenue, Suite 1812 New York, NY 10017 Attn: Edward Martell The enclosed bill is for services rendered ending August 31, 2018. The breakdown of this bill by matter is as follows: Legal Services Jekogian $1,535.00 Total for Legal Services $1,535.00 Expenses Jekogian $218.22 Total for Expenses $218.22 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 jleibowitz©maverickrep.corn Total for This Bill $1,753.22 Total Due $1,753.22 Page 2 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 WINDELS MARX LANE & MITTENDORF, LLP 120 Albany Street Plaza Tower I - Suite 600 New Brunswick, NJ 08901 Tel: 732-846-7600 Fax: 732-846-8877 Tax I.D.# 13-2773235 September 11, 2018 Bill Number 91399 File Number 0308130-0000012 jleibowitz©maverickrep.com Maverick Real Estate Partners LLC 370 Lexington Avenue, Suite 1812 New York, NY 10017 Attn: Edward Martell FOR PROFESSIONAL SERVICES RENDERED FOR THE PERIOD Through August 31, 2018 Re: Jekogian SERVICES Date Attu Description Time 08/01/18 LMC Research regarding obtaining exemplified confession of 0.40 Hrs judgment from Virginia. 08/02/18 DAS Follow-up with J. Lauch regarding status of revised 0.10 Hrs assignments. 08/06/18 DAS Review revised assignments of judgment from J. Lauch; 0.20 Hrs email confirming receipt of same; attention to e-filing and hard filing of same with out in this matter. Page 1 FILED: NEW YORK COUNTY CLERK 10/13/2023 02:00 PM INDEX NO. 651880/2018 NYSCEF DOC. NO. 300 RECEIVED NYSCEF: 10/13/2023 jleibowitz©maverickrep.corn Re: Jekogian Date Atty Description Time 08/06/18 LMC Prepare letters to NY County Clerk for recordation of 0.30 Hrs assignments of judgment and arrange for hand delivery. 08/07/18 LMC Prepare letter to Marion County Clerk requesting 0.20 Hrs exemplified assignment of judgment. 08/09/18 DAS Telephone conference with D. Nevins regarding tolling 0.20 Hrs agreement; emails with client and W. Dudeck regarding same. 08/20/18 DAS Attention to request for tolling agreement; begin 0.30 Hrs preparing same. 08/24/18 DAS Review exemplified copies of judgment; follow-up with T. 0.20 Hrs Martell regarding California counsel for enforcement proceedings. 08/27/18 DAS Prepare draft tolling agreement for matter; revise and 1.30 Hrs finalize draft; circulate draft to all parties; review comments from W. Dudeck; provide T. Martell with contact information for California counsel to pursue judgment there. 08/29/18 CDG Analyze CPLR rules regarding effective service via 0.10 Hrs doorman. 08/29/18 CDG Analysis of Jekogian Family Trust State and Federal Tax 0.70 Hrs Returns for 2016. 08/29/18 CDG Analyze personal and trust financial statements and 1.20 Hrs summaries for 2011 through 2016. 08/29/18 CDG Review pleadings, answers, counter claims for multiple 1.00 Hrs pending actions, along with background materials and financial records for affiliated companies. 08/29/18 CDG Analysis of 2016 BBJ Family Trust Federal and State 0.30 Hrs Tax Return. TOTAL SERVICES $1,535.00 HOURLY RATE Stevinson, Douglas A 2.30 Hrs 250/hr $575.00 Gottilla, Craig D. 3.30 Hrs 250/hr $825.00 Cheney, Lisa M. 0.90 Hrs 150/hr $135.00 6.