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1 Karen Matcke Crosby
2001 Clayton Rd. ¹200
2 Concord, CA 94520 ELECTRONICALLY
(925)756-6062
3 FILED
Superior Court of California,
County of San Francisco
Pro per
11/13/2023
3 Clerk of the Court
BY: VERA MU
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE CITY AND COUNTY OF SAN FRANCSICO
Unlimited Jurisdiction
IO KAREN MATCKE CROSBY, CASE NO. CGC-23-605647
Plaintiffs,
11 EXHIBITS TO DECLARATION OF KAREN
vs. MATCKE CROSBY IN OPPOSITION TO
12 ALL SANCTION MOTIONS INCLU DING
BETHANIA BACIGALUPE'S MOTI ON
13 FOR SANCTIONS PURSUANT TO CCP
BETHANIA BACIGALUPE, TENNY IJ 1 28.7
14 MIRZA YAN, STEPHEN FISHBACK,
KELLER, FISHBACK & JACKSON LLP and Date: November 17, 2023
DOES 1-20. Time:9:30 a.m.
16 Defendants, Dept: 302
17 Action filed April 5, 2023
19
20
INDEX OF EXHIBITS AND EXHIBITS TO DECLARATION OF KAREN MATCKE CROSBY
21 IN OPPOSITION TO ALL SANCTION MOTIONS INCLUDING BETHANIA BACIGALUPE'S
MOTION FOR SANCTIONS PURSUANT TO CCP t3128.7
22
INDEX
23
Exhibit I: Letter of October 3, 2023 to Mr. Dukelow and Mr. Nemecek to Cease and Desist
24
Exhibit 2: Threat Letter of October 3, 2023 to Ms. Crosby from Mr. Dukelow threatening CCP 128.7 11
25
Sanctions, should she file a motion for reconsideration to extinguish her legal rights. As Keller,
37 Fishback and Jackson, LLP is a represented party, Mr. Nemecek's consent to communicate with Mr.
Dukelow is requested and has not been granted.
INDEX OF EXHIBITS AND EXHIBITS TO DECLARATION OF KAREN MATCKE CROSBY
I Exhibit 3: March 16, 2023, CONFIDENTIAL letter from the State Bar.
Exhibit 4: May 11, 2022, email to Welch and Mirzayan of Plaintiff's agreement to release
i
settlement
3
funds.
4
Exhibit fu November 19, 2019, letter from Mr. Welch requiring that liens be paid from an
5 y settlement
funds.
7 Exhibit 6: Letter of January 6, 2021, regarding $ 150,000 policy and tender for settlemen
8
Exhibit 7: July 16, 2020, redacted letter to Bethania Bacigalupe from Plaintiff.
9
Exhibit S: January 14, 2021, redacted letter to Mirzayan regarding case transfer.
10
Exhibit 9: Letter of January 12, 2021, that Plaintiff received from Mirzayan, with
11 copies of
Substitution of Attorney Forms.
I 3 Exhibit 10: Fee Agreement
14
Exhibit 11: Notice of Attorney's Lien, filed August 3, 2021
15
Exhibit 12: Email to Mirzayan dated February 26, 2021, regarding document transfer,
ab usive
16
behavior. Request to recognize attorney fee lien. Email September 13, 2021, regarding bill
17 s and fee
lien hill. September 16, 2021, Letter of Keller Fishback A. Jackson, LLP by Mirzayan thre atening
19 violations of ABA Model rules, claiming only $ 300 is due and owed. November
30, 2021 , email to
20
Mirzayan and Fishback requesting proof that Bacigalupe took no money by way of her se ttlement,
21
discussion of money owed and liens, including fee waiver. Email of March
11, 2022, from Crosby to
22
Mirzayan requesting payment of a sum certain upon their acceptance for all responsibility
23 regarding
24 liens and outstanding expenses. Email May 11, 2022 regarding threats and insults and
failure to
25 acknowledge liens.
26
Exhibit 13: Emails from December 1, 2021, between Crosby and Mirzayan, in respons
eto
27
,
November 30, 2021, letter to creditors.
INDEX OF EXHIBITS AND EXHBITS TO KAREN MATCKE CROSBY DECLARATION
IN OPPO SITION TO
MOTION TO STRIKE BY DEFENDANTS MIRZAYAN,
FISHBACK, KELLER, FISBACK & JACKSON, LLP CGC-23-605647
Page 2
Exhibit 14: November 30, 2021, letter to Lien Holder creditors
2
Exhibit 15: Order for Compensation of Law Office Administrator, Order
for Discharge o f Law Office
3
Administrator.
4
Exhibit 16: October 19, 2023, email to Dukelow and Nemecek showing
5 prior email to M'irzayan
regarding her need to complete the expert witness disclosure. January 24,
2020, email to M ike Welch
7 forwarded to Mirzayan on January 25, 2021, regarding extension of time
to submit expert witness
disclosure.
9
Exhibit 17: Disclosure of Expert Trial Witness Information dated September
24, 2020.
10
Exhibit 18: Plaintiff s Offer to Compromise in Bacigalupe v. Pang CGC-19-579618
11 dated September
24, 2020
13 Exhibit 19: Draft Stipulation to Continue Trial Date signed by Mr. Welch, Email
dated I /11/2021
14
regarding continuance of trial date.
15
Exhibit 20: January 7, 2021, email from Crosby to Selene of Mr. Welch's
office regardin g changes in
16
witnesses.
17
Exhibit 21: October 5, 2021, Letter from Ms. Mirzayan to Mr. Welch
advising her intent ion to bring
19 ex parte motion to enforce settlement.
20
Exhibit 22: September 19, 2021, Email from Crosby to Mirzayan; Mirzayan
letter of Sept ember 20,
21
2021to Mr. Welch falsely stating there was only Mrs. Crosby's lien.
22
Exhibit 23: Email from Ms. Crosby to Ms. Mirzayan, January 25, 2021,
3 forwarding the D ecember 24,
2020, email to Mr. Welch regarding expert witness changes. Email of
January 25, 2021, fo rwarding
25 email to Mr. Welch's office regarding expert witness change. Email
of January 8, 2021, re garding
26
amended notice of deposition of Defendant and scheduling of depositions.
J. Scot Hollyfie ld response
27
regarding One Medical depositions.
INDEX OF EXHIBITS AND EXHBITS TO KAREN MATCKE
CROSBY DFCLARATION IN OPPO SITION TO
MOTION TO STRIKE BY DEFENDANTS MIRZAYAN,
FISMBACK, KELLER, FISBACK & JACKSON, LLP CGC-23-605647
Page 3
I Exhibit 24: Email dated January 23, 2021, to Ms. Mirzayan telling her to complete Expert Witness
Disclosure. Email January 22, 2021, Requesting acknowledgement of Crosby lien on case and transfer
3
of files. Email of January 22, 2021, and transfer of files regarding her demands. Email of January
22,
2021, regarding Deposition of Ms. Pang. Email transfer of IME.
5
Email of where to order Plaintiff'acigalupe's deposition transcript,
7 Exhibit 25: Letter of August 2, 2021, from Ms. Crosby to Welch and Mirzayan regarding
outstanding
fees.
9
Exhibit 26: Email May 11, 2022, From Ms, Crosby to Ms. Mirzayan regarding insults, threats and
10
liens. Email of December 1, 2022
11
Exhibit 27: June 7, 2022, Letter of Dr. Serra
13 Exhibit 28: Partly Redacted Letter of September 24, 2020, to Bacigalupe, and Letter of June
17, 2022,
14
to Ms. Mirzayan in CONFIDENTIAL Settlement which Defendants have violated the
Evi dence Code
15
and have produced with excessive redaction.
16
17
18
19
20
21
22
23
24
25
26
27
INDFX OF EXHIBITS AND EXHBITS TO KAREN MATCKE CROSBY
DECLARATION IN OPPO SITION TO
MOTION TO STRIKE BY DEFFNDANTS MIRZAYAN,
FISHBACK, KELLER, FISBACK & JACKSON, LLP CGC-23-605647
Page 4
EXHI BIT 1
Karen ATTORNEY / MEDIATOR
2001 Clayton Rd., Ste. 200
M ateke Concord, CA 94520
E. rn~4y (925) 756-6062
(925) 237-8670 Fax
www.relawca.corn
October 3, 2023
Douglas V. Dukelow, Esq.
Keller Fishback & Jackson
28720 Canwood Street, Suite 200
Agoura Hills, CA 91301
David P. Nemecek, Jr.
The Fortress Law Firm
50 California Street Suite 1500
San Francisco, CA 94111
RE: Crosby v. Bacigalupe CGC-23-605647; Defamation in Public Pleadings Cease and Desist.
Dear Counsel,
The Defendant Bacigalupe and her legal counsel Mirzayan, Dukelow, Keller, Fishback & Jackson continue
to publicly defame Plaintiff in court pleadings which is not protected as they continue to rely on
unsupported accusations and information that is false. State Bar section 8.4.2 (a)(c)(d) and (f) have been
violated by Ms. Bacigaiupe and Mirzayan and through K Fg J LLP attorneys, has repeatedly encouraged
to commit defamation and injury to my reputation causing me financial loss. have asked in emails
I
before to stop spreading false information through the courts and yet you continue to fife false
information, now it has been pushed to obtaining a fraudulent court order.
1. was appointed by a COURT OF LAW to close a law practice and carefully supervised.
I
2. The court did approve of the transfer of Ms. Baciglaupe's case as she failed to find a substitute
attorney in the requisite amount of time. She was sent many letters.
3. Ms. Bacigalupe had been instructed throughout the representation to get a trial lawyer if she
wanted a trial, knew was not going to advance any expert or trial costs from the beginning and
I
it was repeated in many letters, her answers to my firm had continued to be that she was only
seeking the best settlement. The Bar was satisfied with the information provided.
4. obtained on my skill and effort and with Attorney Work Product protection a settlement of
I
5150,000.00, and it was possible to maybe raise this. KF & J interference not only prevented the
increase of settlement but procured a settlement for less. Mr. Welch has expressed that the
only reason Ms. Baciglaupe did not get her settlement money was BECAUSE SHE DID NOT SIGN
THE "SETTLEMENT AND RELEASE" which was the responsibility of K, F & J. Not Crosby.
5. YOUR ONGOING FALSE REPRESENTATION THAT AM THE REASON SHE DID NOT GET HER
I
SETTLEMENT MONEY IS FALSE and was pointed out to you PRIOR TO THE COURT HEARING of
September 15, 2023, by email sent to both of you with the attached email to Mr. Welch
authorizing him to release all but the amount in dispute.
6, I have no control over the policies of State Farm. Their letters in 2019 and 2020 were cle ar that
all liens must be paid from any recovery, and this was conveyed to Ms. Bacigalupe many times.
This request from State Farm has always included the Attorney Liens.
7. You do not have all attorney-client documents, nor attorney work product documents. Y our
assumptions and false accusations are incorrect. Your waiver will not only bring these
documents forward in my defense, but YOU, K, F & J LLP, have now taken a position adv erse to
your client's ability to try her case as disclosure to show fraud could subject her to fraud upon
an insurance company.
CEASE AND DESIST
The investigation by the State Bar of all communications including numerous letters to Ms. Bacig alupe
has resulted in NO FURTHER ACTION and the matter was closed. As you and she were aware.
We have not yet heard of your chosen date for the Motion for Reconsideration. expect to hear from
I
you by 5:00 p.m. today October 3, 2021, or will assume you agree to a date select the Week of
I I
October 30". My calendar is moving very fast.
Very Truly Yours,
igPgP„~
Karen Matcke Crosby
EXHI BIT 2
10/03/2023 11'32AM FAX 8183427616 KELLER FZSNSACK JACKSON gl0002/0004
KELLER FIBHBACK Bt JACKSCIN LLP
I.asaMssl.xs N S W Y 3 Il K Q a K L a s s
October 3, 2023
VIA FACSIMILE 925.237.8670
Karen Matcke Crosby
2001 Clayton Road tl200
Concord, CA 94520
RE: ~Crosb u Baeigaluoe, er al.
SFSC Case No, CGC-23-605647
Our Client: Bethania Bacigalupe
Dear Counsel:
This letter is Bethania Bacigalupe's good faith effort to meet and confer regarding your proposed
unmeritorious and frivolous Motion for Reconsideration in the above-entitled case. Pleas e be advised that
because you have no legal basis for the motion against the Ms. Bacigalupe, we will be fil lng a Motion for
Sanctions against you pursuant to Code of Civil Procedure 4j128,7 should you proceed with the filing of
the baseless motion.
ln summary, the basis for the Motl'on for Sanctions will include, but is not limited to:
1) You intend to file a motion she knows is unmeritorious;
2) You intend to file a motion that is unsupported by any legal authority whatsoever;
3) You intend to file a motion that is unsupported by any factual basis whatsoever
4) Your ex parte application already reveals that you have failed to make a reasonable inquiry into the
facts you misrepresent to the Court, including concealing the August 31, 2023 correspondence from
our office; and
5) Your intention to present to the Court a time and resource consuming Motion which c annot be
granted due to its procedural defects. By way of just one example, the deadline to file a motion for
reconsideration has long passed.
Should your file the unrneritorious motion, be advised that Defendant will file a Motion fur Sanctions
against you pursuant to the provisions of Code of Civil Procedure 11128.7(b), which provides;
By presenting to the court, whether by signing, filing, submitting, or later
advocating a pleading, petition, written notice of motion, or other similar paper, an
attorney ... is certifying that to the best of the person's knowledge, information,
and belief, formed ager an inquiry reasonable under the circumstances, all of the
following conditions are met:
23 /ZQ Qanlwsss ZTKKKT, SlIITK ZGQ AQQURa Hll.l.s, Qaa.lrasHIa 9'I 3Q1
Frol 31 3.242.'7442
Fax: 3 1 3.342.78 3 1
Wx'KAKFDl KZAL aQM
10/03/2023 11.32AM FAX 8183427676 KELLER FISHBACK JACKSOM Id]0003/0004
FARE 2 DF 2
(I) It is not being presented primarily for an improper purpose, such as to
harass or to cause unnecessary delay or needless increase in the cost of litigation
(2) The claims, defenses, and other legal contentions therein are warranted by
existing law or by non-frivolous argument for the extension, modification, or
reversal of existing law, or the establishment of new law.
(3) The allegations and other factual contentions have evidentiary support or
specifically so identified, are likely to have evidentiary support after a reasonable
opportunity for further investigation or discovery.
(4) The denials of factual contentions are warranted on the evidence or, if
specifically so identified, are reasonably based on a lack of information and
belief,"
Should you proceed with the motion we will be requesting substantial monetary sanctio ns
against you pursuant to Code of Civil Procedure {I)28,7, The purpose of the provisions of
Code of Civil Procedure $ 128.7's to deter attorneys from taking frivolous or unsupported
positions in the pleadings they file with the court. This statute provides a remedy for an
opposing party and foreslalls frivolous claims and pleadings, which is ultimately of no
benefit to the parties,
Code of Civil Procedure {i128.7(d) provides guidelines for detenence of improper conduct
as follows:
1
The "sanotions" sertion is also codified in California Rule of Court, Rulc 230. Sanctions for rules violations in civil cases:
(a) Application
Thu sanctions rule applies to the rules in thc California Rules of Court relating to general civil cases, unlawful detainer c ases, probate
proceedings, civil proceedings in the appellate division of the superior court, and small claims eases.
{b) Sanctions
ln addition to any other sanctions permitted by law, the court msy order a person, after written notice and an opportunity tribe heard, to pay
reasonable monetary sanctions to the court or an aggrieved person, or both, for failure without good cause to comply wit h the applicable rules.
For the pmposes of this rule, "pcmon" means a party, a party's attorney. a witness, and an Insurer or any other individual or entity whose
consent is necessary for the disposition cf the case. If 4 failure to comply with an applicable rule is the responsibility of c ounsel and not of the
party, any penalty must be imposed on counsel and must not adversely affect thc party's cause of action or defense thereto.
(c) Notice snd procedure
Sanctions must noi be imposed under this rule except on noticed motion by the party seeking sanctions or on the courfs own motion after the
court has provided notice and an opportunity to be heard, A party's motion for sanctions must (I) state thc applicable rul e that has been
violated, (2} describe the specific conduct that is alleged to have violated the rule, and (3) identify the attorney, law firm party, witness, or
other person against whom sanctions sre sought. The court on its own motion inay isme an order to show cause that rnust (I) smte ths
applicable rule that has been violated, (2) describe the specific conduct that appears to have violated the rule, and (3) dir ect the attorney, law
firm, party, witness, or other person to show cause why sanctions should not be imposed against them for violation of th e rule.
(d) Award of expenses
In addition to the sanctions awardable under (b}, the court msy order the person who has violated an applicable rule to psy to the psny
aggrieved by the violation that party's rmmonable expenses, including reasonable attorney's fees and costs, incurred in co nnection with the
motion for sanctions or the ceder to show csuve.
(e) Order
An order imposing sanctions must he ln writing and must recite in detail the conduct or circumstances justifying the order,
10X03/2023 'l1. 33AM FAX 8183427616 KELLER FISHBACK JACKSON gl0004/0004
PAIMK 0 44K
A sanction imposed for violation of subdivision (b) shall be limited to what is
sufficient to deter repetition of this conduct or comparable conduct by others
similarly situated. Subject to the limitations in paragraphs (I) and (2), the sanction
may consist of, or include directives of a nonmonetary nature, an order to pay a
penalty into court, or, if imposed on motion and warranted for effective deterrence,
an order directing payment to the movant of some or all of the reasonable
attorney's fees and other expenses incurred as a direct result of the violation."
Defendant will seek sanctions as set forth above, including but not liinited to monetary 6 anctions
designed to deter you and others like you from this type of conduct. Defendant will also seek
reimbursement of all costs and fees incurred as a result of your filing. Furthermore, Defen dant will pursue
mandatory reimbursement for at I attorneys'ees and costs associated with opposing the fr ivolous motion
for reconsideration and ex parte application pursuant to a Motion for Attorneys'ees and Costs under
Code of Civil Procedure ) 425,16, Moore u. Kaufman (2010) 189 Cal.App.4'" 604, II'dkerSOn u, Stiilivan,
(2002) 99 Cal,App.4th 443, and Eerchtirn u. Moses, (2001) 24 Cal,4th 1122,
In addition, please note that I am not represented by Mr. Nemecck, nor am I a
party defendent. Please
refrain fiom attempting to contact me through Mr. Nemecek. Finally, you are not authori zed to represent
to the Court that we have agreed to any specific hearing date on your proposed motion. 0 ur position is
that your motion is improper, fr'ivolous, and sanctionable. I strongly urge you to reconsider the filing
of
this motion,
Sincerely,
Is(
Douglas V. Dukelow
10/03/2023 1 1: 3 1AII FAK 8 1834276 16 KELLER FISHSACK JACKSDN FIII000 I/0004
FAX COVER
SEND TOI
FRO
KAREN MATOKE CROSBY
M'ELLER,
FIBNBAOK a JACKSON LLP
RE:
AT TEN T I El N I
CSOSSV V SAOIGALIJPE'T AL. ~
KAREN MATDKE CROSBY CASE No. CSC-SS.605647
PNDNE NOMBERI
DaVE:
OCTOBER Sl 2022
FAx NOMBERI NuMSER OF PARES. INCLuDINB CCYEFS
9 2 S. 2 2 '7. S Ei '7 CI
URSENT E3 PLEASE COIUIMENT Q PLEASE REVIEW
Q FOR YOUR INFORMATION 9 REPLY ASAP
COMMENTS:
Tkc INFEIRMATIQN caNT o Nls FAcsIMILc MAY SR ATTEIRNcv-I A caca *ND DDNFIQcNTIAL, *Ho lc TNcacta t TC!tt CO
SDI,CI Y FQR USE DP THE INDIVIDUA aa ENTITY NAMED ASDVE. IF 'FHC RCADCN QF TI ~ Ia MCCCAQC IQ I EITHER THE INtEND LO
alPICHT NOR THE EMPLC TEE o NT PTNSNR E TD DELIVER I'F loa L'NIPI NT, YOLI ARE HERESY N D
l*T ANY QISSCMINATIOII DlatltlSUT o PR OQPYINIF EIF THIS RQMMUNIIIAY'IQH ~ T RQNRRTEQ, fl YOU HAVC C aa
THIS DQHMUNIDATIDH IN ERR I,
PLFAQC Ntal Y VS SY TEI,EPHONL IM o ATELY AND RCTLIRIt TH'C DRICINAL MFQCAaa a A
TNE Aaakcas UCTEQ aELaw.
KKLLERI FISH SACK S. JACKSON I I P
ATTORNEYS AT I AW
ZB'7ZO CANWOOO ST., SUITE ZOOI ASOLIRA HILLSI OA 91 301
818.342.7442 )
818.342.7616 (FAX)
EMAILCNKI JLESAL OOM [ WWW KFLILESAL OOITI
EXHIB IT 3
The State Bar OFFICE OF CHIEF TRIAL COUNSEL
of California
180 Howard Street, san Francisco, CA 94105 415-539-2023 sara.masterCwca bar.ca.gov
March 16, 2023
PERSONAL AND CONFIDENTIAL
DELIVERED VIA MY STATE BAR PROFILE
Karen Crosby
2001 Clayton Rd. Ste. 200
Concord, CA 94520-2405
Re: Case Number: 22-0-07693
Complainant: Bethania Bacigalupe
Dear Ms. Crosby:
This letter is sent to you based upon information that you are not currently represented by
counsel in this matter. If this is incorrect, please advise me within five days so that future
communications may be directed to your counsel.
The State Bar has completed the investigation of the allegations of professional misconduc
reported by Bethania Bacigalupe and determined that this matter does not warrant further
action. Therefore, the matter is closed.
The decision to close this matter is without prejudice to further proceedings as appropriate
pursuant to rule 2603 of the Rules of Procedure of the State Bar of California.
Thank you for your cooperation in this matter.
~
Sincerely,
Sara Master
Investigator
rrisfrst
EXHIBIT 4
& ftesults far mike.welch
Check gjiads out for my trust account for 040,000
From: kmc &kmcrosby~
To: mike wslch@ststsfsrm.corn &miks wstchgtstatsrsrm.samiel tmtrzsysctgkijtscst.corn &tmirzsysctgkrjtsasLcom&
Pats: Wsd, Msy 11, 2022 4l48 pm
Should it bc agreed that Mr. Welch is to send s check to mc to be held in my trust for $ 49,000.00 to cover thc
Attorney lien filed by my firm, the
remainder of the scttlem cot funds can be released to Mz. 0 scigslupe snd bor legal counsel Ms Mirzsysc.
Karen llllatcke Crosby
{925) 756-6062 chico
{925) 237-8670 fax
Ail Electronic Mail {e-mail) is strictly CONF II)ENTIAL and may be legally privileged and protected from disclosure b y a pp licable law. T he e
mails ars intended only for the person{a) la whom it was addressed and intended. If you are not ths addressee
in error, you are hereby notified that any review, copying, disclosure, distribution,
and have received this email
dissemination or action taken based upan the content is
stnctty prohibited by isw without express authorization. please contact the sender by phone ar reply email to notify us of the error snd delete
ail copies
EXHIBIT 5
PHILIP M. ANDKRSEX elk
ASSOCIATES
Kymberly Aleem-Duncan
Philip M. Andersen ATTORNEYS AT LAW
Debomh T. Bjonerud Anm K. Liang
Desnne J. Broglio Employees of tbe Law Jeanette bt Little
Abhiraj "Rsj" Chowdhury State Farm Mutual Automobile Department lanes R. Picker
Insurance Company Tim A. Schwetgerdt
Michael J. Daley
Michael J. Dodson Michsei R. Welch
4450 Rosewood Drive, Suite
Kari McPadden Gannam 450 Roy S. Woo
Kelli E. George Pleasanton, California 94588 Merltl S . Yancich
Milan "Buzz" Yancich
Telephone: (925) 225-6838 Metisse Grant garners
Facsimile: (855) 732-9437
November 19, 2019
Karen Matcke Crosby, Esq.
1801 Oakland Boulevard, Suite
210-C
Walnut Creek, CA 94596
Re: Bacitralune v. Pane, Ltn
San Francisco Superior Court Case
No. CGC-19-579618
Dear Ms. Matcke Crosby:
By thisle
this letter, we are asking you to confirm
notice that this matter is in litigation. that all potential lien holders have
been put on
We are also writing to advise you
that, if this matter does resolve
senlement drafts'will be issued until
the interests of the lien holders
by way of settlement, no
have been addressed.
Furth
urther, enclosed is the Notice of
or in at noticolcts inconvenient 'iK
Deposition of the Pl ain . If th e date
H,
for you or your client wee wi11 to or time provided
move the deposition date or time th e extent possible, agree to
'me must be confirmed to accommodate yo u.. Gwever,
tim in writing before we movve the the agreed upon new date and
date o f th e presently set deposition.
Very truly yours
ul
Michael Welch Esq.
MWtw
EXHIBIT 6
1801 Oakland Blvd. Suite 210-C
Walnut Creek, CA 94509
I925)756-6062 Office
{925) 237-8670 Fax
www.reiawca.corn
Wednesday January 6, 2021 VIA Email and Certified U.S. Mail
Michael Welch Esq.,
Philip M. Andersen & Associates
State Farm Mutual Automobile Insurance Company
Re: Our Client: Bethania Bacigalupe Case No. CGC-19-579618
DOI: 10/01, 2017 San Francisco Superior Court
Defendants: Jennifer Ziyi Pang and Harry Lin
Dear Mr. Welch:
I believe in our previous discussions you were going to give me a certified statement regarding the policy
limits or the whole policy to review. It is our understanding at this time that the full policy limits are
$ 150,000.00 and on that basis my client Bethania Bacigalupe demands that the full policy limits be
tendered in settlement of her claim.
If the policy limits combined for both Mr. Lin aud Ms. Pang are in fact higher than $ 150,000.00 then w
deinand that the full limits of those combined policies be tendered in settlement of the above referenced
case and that a certification of the policy and its limits be tendered to us under penalty of
perjury.
I would appreciate your response no later than January 11, 2021 and will have no choice
but to go in ex
parte for a trial extension if I do not hear back from you in a timely manuer.
Karen Matcke Crosby, Esq.
KMCAnm
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EXHI BIT 7
Iw ll Ctl 1801 Oakland Blvd. Suite 210-C
M atckc Walnut Creek, CA 94509
(925)756-6062
(:rc)shy (925)237-8670 Fax
www.relawca.corn
Thursday, July 16, 2020
Bethania Bacigalupe
Re: Your case: Bethania Bacigalupe vs. Jennifer Ziyi Pang,
Harry Lin
Case No.: C6C19-579618
Dear Bethania Bacigalupe:
As we discussed by phone and email, to
proceed with your case for a recovery in ex cess
of $ 100,000.00, we have moved the trial date back to
February 16, 2021. We have expended
$ 1,500.00 in search of a physician to evaluate
your medical limitations
in establishing your present condition and
physical limitations. We must disclose our expert to the
Court and opposing side soon. It is our
burden to prove you are restricted orthopedically with
sitting limitations (which surgery can not
correct) and that you have disabling migraine
headaches, a neurological limitation. This ma
take two experts at $ 5,000 to $ 10,000 each at trial.
I suggest we go to mediation first, but we
have to pay '/~ of the mediator's fees, which again will
could cost up to $ 3,000.00 to $ 4,000.
lf I could get evidence of your employment dismissal showing it was not for poor performan ce
but failure to accommodate your health, we could
probably get the $ 100,000.00 settlement n ow.
Each cost amount spent to proceed against the Defendant
comes out of any recovery you ma
obtain. It is possible Ms. Lim would not be able
to pay any judgment that you could win, we
try to get some information on this. will
As I have previously requested, I need
copy of your current medical files, the
medications you take and the doctor notes regarding
your current care to prove your present
physical and mental limitations in getting work. You
must send them no later th I I 30 2 020.
octor's medical opinion on your work limitation
in writing is necessary to proceed into
mediation.
we are not successful proving our case at trial, we
could be liable for their attorney's fees.
Bethania Bacigalupi July 16, 2020
pg2
I need your full participation in proving that
your ability to hold full employment is no
longer possible. If you choose to settle for the
$ 100,000.00 policy limits we should do so now
I look forward to receiving the rest of your out
of state medical records (from 201
forward) very soon.
Very Truly Yours,
Karen Matcke Crosby, Attorney/Mediator
KMC/mm
EXHI BIT 8
1801 Oakland Blvd. Suite 210-C
Walnut Creek, CA 94509
(925)756-6062
(925)237-8670 Fax
www,relawca.corn
January 14, 2021 VIA FAX 818.342.7616
Ms. Tenny Mirzayan, Esq.
Keller, Fishback Ik Jackson LLP
28720 Canwood Street, Suite 200
Agoura Hills, CA 91301
RE; Bacigalupe v. Pang, Lin CGC 19-579618 San Francisco Superior Court
Dear Ms. Minayan,
Enclosedyou will find the Substitution of Attorneysigned.l wgitrytogetthefinal attorneyfeego
amount pursuant to my fee agreement with Ms. Bacigalupe to you in the next few weeks for my hourly
time bgled on this case at $ 400.00 per hour and assodate and paralegal time billed at $ 100 and 5200 per
hour, I believe my lien exceeds $3000000 as purchased the prior deceased attorney's lien in thi
I
and was assigned the agreement from the law practice as well and expect to be reimbursed for hi 6:time
billed that was paid by my firm, according to Ms. Badgalupe's agreement to pay him hourly if the case
was transferred.
As the file is between electronic and paper media and in the office and my home due to COVID, it will
again take a few weeks to pull it ag together and get you electronic copies of the flies. I will incur IO
tv d tr a phpetaosted hg d illMlth tt
MLa hahpla dy PnIIIas
welL
As you are aware the trial postponement hearingis Thursday January 14, 2021 in Dept 206 by Cou rt CaiL
There was a deposition of Ms. Pang scheduled for January 26, 2021 at 900 am. as agreed by oppo sing
counsel but Amended Notice had not been sent so you can resetor arrange the deposition as you
please. The expert deposition of Michael NG of G Sport is set for February 11, 2021 and I have review
the records and of One Medical and was ready to prep his expert testimony
An updated Expert Witness Disclosure ls due, and I emailed Dr. Wong's Information to opposing cou
as our Sports Orthopedic expert, but was still trying to find an expert in successive concussion. No
deposits have been paid. Our economic expert isexpecting records and a deposit and additional
financial records soon. Ag will be in the expert witness file. I have spoken briefly with Dr. Elizabeth 8
regarding her expert chiropractic testimony.
I will forward the One Medical amails
With COvID restrictions and as~ resoonders, they do not have time for deposition testimony at &is
time.
, They will testify only as tmating witnesses.
Letterto Ms. Tenny Mirzayan, Esq.
January14, 2021
Page 2
The interrogatory answers showa 100f300 auto
polky of Mr. Lin who was the ownerof the car w hich
was not being driven on business at the time of the
accident.
was able to get Mr. Welch to admit to an additional .I
$50000. ibad rec
Preview
1 Karen Matcke Crosby 2001 Clayton Rd. ¹200 2 Concord, CA 94520 ELECTRONICALLY (925)756-6062 3 FILED Superior Court of California, County of San Francisco Pro per 11/13/2023 3 Clerk of the Court BY: VERA MU Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE CITY AND COUNTY OF SAN FRANCSICO Unlimited Jurisdiction IO KAREN MATCKE CROSBY, CASE NO. CGC-23-605647 Plaintiffs, 11 EXHIBITS TO DECLARATION OF KAREN vs. MATCKE CROSBY IN OPPOSITION TO 12 ALL SANCTION MOTIONS INCLU DING BETHANIA BACIGALUPE'S MOTI ON 13 FOR SANCTIONS PURSUANT TO CCP BETHANIA BACIGALUPE, TENNY IJ 1 28.7 14 MIRZA YAN, STEPHEN FISHBACK, KELLER, FISHBACK & JACKSON LLP and Date: November 17, 2023 DOES 1-20. Time:9:30 a.m. 16 Defendants, Dept: 302 17 Action filed April 5, 2023 19 20 INDEX OF EXHIBITS AND EXHIBITS TO DECLARATION OF KAREN MATCKE CROSBY 21 IN OPPOSITION TO ALL SANCTION MOTIONS INCLUDING BETHANIA BACIGALUPE'S MOTION FOR SANCTIONS PURSUANT TO CCP t3128.7 22 INDEX 23 Exhibit I: Letter of October 3, 2023 to Mr. Dukelow and Mr. Nemecek to Cease and Desist 24 Exhibit 2: Threat Letter of October 3, 2023 to Ms. Crosby from Mr. Dukelow threatening CCP 128.7 11 25 Sanctions, should she file a motion for reconsideration to extinguish her legal rights. As Keller, 37 Fishback and Jackson, LLP is a represented party, Mr. Nemecek's consent to communicate with Mr. Dukelow is requested and has not been granted. INDEX OF EXHIBITS AND EXHIBITS TO DECLARATION OF KAREN MATCKE CROSBY I Exhibit 3: March 16, 2023, CONFIDENTIAL letter from the State Bar. Exhibit 4: May 11, 2022, email to Welch and Mirzayan of Plaintiff's agreement to release i settlement 3 funds. 4 Exhibit fu November 19, 2019, letter from Mr. Welch requiring that liens be paid from an 5 y settlement funds. 7 Exhibit 6: Letter of January 6, 2021, regarding $ 150,000 policy and tender for settlemen 8 Exhibit 7: July 16, 2020, redacted letter to Bethania Bacigalupe from Plaintiff. 9 Exhibit S: January 14, 2021, redacted letter to Mirzayan regarding case transfer. 10 Exhibit 9: Letter of January 12, 2021, that Plaintiff received from Mirzayan, with 11 copies of Substitution of Attorney Forms. I 3 Exhibit 10: Fee Agreement 14 Exhibit 11: Notice of Attorney's Lien, filed August 3, 2021 15 Exhibit 12: Email to Mirzayan dated February 26, 2021, regarding document transfer, ab usive 16 behavior. Request to recognize attorney fee lien. Email September 13, 2021, regarding bill 17 s and fee lien hill. September 16, 2021, Letter of Keller Fishback A. Jackson, LLP by Mirzayan thre atening 19 violations of ABA Model rules, claiming only $ 300 is due and owed. November 30, 2021 , email to 20 Mirzayan and Fishback requesting proof that Bacigalupe took no money by way of her se ttlement, 21 discussion of money owed and liens, including fee waiver. Email of March 11, 2022, from Crosby to 22 Mirzayan requesting payment of a sum certain upon their acceptance for all responsibility 23 regarding 24 liens and outstanding expenses. Email May 11, 2022 regarding threats and insults and failure to 25 acknowledge liens. 26 Exhibit 13: Emails from December 1, 2021, between Crosby and Mirzayan, in respons eto 27 , November 30, 2021, letter to creditors. INDEX OF EXHIBITS AND EXHBITS TO KAREN MATCKE CROSBY DECLARATION IN OPPO SITION TO MOTION TO STRIKE BY DEFENDANTS MIRZAYAN, FISHBACK, KELLER, FISBACK & JACKSON, LLP CGC-23-605647 Page 2 Exhibit 14: November 30, 2021, letter to Lien Holder creditors 2 Exhibit 15: Order for Compensation of Law Office Administrator, Order for Discharge o f Law Office 3 Administrator. 4 Exhibit 16: October 19, 2023, email to Dukelow and Nemecek showing 5 prior email to M'irzayan regarding her need to complete the expert witness disclosure. January 24, 2020, email to M ike Welch 7 forwarded to Mirzayan on January 25, 2021, regarding extension of time to submit expert witness disclosure. 9 Exhibit 17: Disclosure of Expert Trial Witness Information dated September 24, 2020. 10 Exhibit 18: Plaintiff s Offer to Compromise in Bacigalupe v. Pang CGC-19-579618 11 dated September 24, 2020 13 Exhibit 19: Draft Stipulation to Continue Trial Date signed by Mr. Welch, Email dated I /11/2021 14 regarding continuance of trial date. 15 Exhibit 20: January 7, 2021, email from Crosby to Selene of Mr. Welch's office regardin g changes in 16 witnesses. 17 Exhibit 21: October 5, 2021, Letter from Ms. Mirzayan to Mr. Welch advising her intent ion to bring 19 ex parte motion to enforce settlement. 20 Exhibit 22: September 19, 2021, Email from Crosby to Mirzayan; Mirzayan letter of Sept ember 20, 21 2021to Mr. Welch falsely stating there was only Mrs. Crosby's lien. 22 Exhibit 23: Email from Ms. Crosby to Ms. Mirzayan, January 25, 2021, 3 forwarding the D ecember 24, 2020, email to Mr. Welch regarding expert witness changes. Email of January 25, 2021, fo rwarding 25 email to Mr. Welch's office regarding expert witness change. Email of January 8, 2021, re garding 26 amended notice of deposition of Defendant and scheduling of depositions. J. Scot Hollyfie ld response 27 regarding One Medical depositions. INDEX OF EXHIBITS AND EXHBITS TO KAREN MATCKE CROSBY DFCLARATION IN OPPO SITION TO MOTION TO STRIKE BY DEFENDANTS MIRZAYAN, FISMBACK, KELLER, FISBACK & JACKSON, LLP CGC-23-605647 Page 3 I Exhibit 24: Email dated January 23, 2021, to Ms. Mirzayan telling her to complete Expert Witness Disclosure. Email January 22, 2021, Requesting acknowledgement of Crosby lien on case and transfer 3 of files. Email of January 22, 2021, and transfer of files regarding her demands. Email of January 22, 2021, regarding Deposition of Ms. Pang. Email transfer of IME. 5 Email of where to order Plaintiff'acigalupe's deposition transcript, 7 Exhibit 25: Letter of August 2, 2021, from Ms. Crosby to Welch and Mirzayan regarding outstanding fees. 9 Exhibit 26: Email May 11, 2022, From Ms, Crosby to Ms. Mirzayan regarding insults, threats and 10 liens. Email of December 1, 2022 11 Exhibit 27: June 7, 2022, Letter of Dr. Serra 13 Exhibit 28: Partly Redacted Letter of September 24, 2020, to Bacigalupe, and Letter of June 17, 2022, 14 to Ms. Mirzayan in CONFIDENTIAL Settlement which Defendants have violated the Evi dence Code 15 and have produced with excessive redaction. 16 17 18 19 20 21 22 23 24 25 26 27 INDFX OF EXHIBITS AND EXHBITS TO KAREN MATCKE CROSBY DECLARATION IN OPPO SITION TO MOTION TO STRIKE BY DEFFNDANTS MIRZAYAN, FISHBACK, KELLER, FISBACK & JACKSON, LLP CGC-23-605647 Page 4 EXHI BIT 1 Karen ATTORNEY / MEDIATOR 2001 Clayton Rd., Ste. 200 M ateke Concord, CA 94520 E. rn~4y (925) 756-6062 (925) 237-8670 Fax www.relawca.corn October 3, 2023 Douglas V. Dukelow, Esq. Keller Fishback & Jackson 28720 Canwood Street, Suite 200 Agoura Hills, CA 91301 David P. Nemecek, Jr. The Fortress Law Firm 50 California Street Suite 1500 San Francisco, CA 94111 RE: Crosby v. Bacigalupe CGC-23-605647; Defamation in Public Pleadings Cease and Desist. Dear Counsel, The Defendant Bacigalupe and her legal counsel Mirzayan, Dukelow, Keller, Fishback & Jackson continue to publicly defame Plaintiff in court pleadings which is not protected as they continue to rely on unsupported accusations and information that is false. State Bar section 8.4.2 (a)(c)(d) and (f) have been violated by Ms. Bacigaiupe and Mirzayan and through K Fg J LLP attorneys, has repeatedly encouraged to commit defamation and injury to my reputation causing me financial loss. have asked in emails I before to stop spreading false information through the courts and yet you continue to fife false information, now it has been pushed to obtaining a fraudulent court order. 1. was appointed by a COURT OF LAW to close a law practice and carefully supervised. I 2. The court did approve of the transfer of Ms. Baciglaupe's case as she failed to find a substitute attorney in the requisite amount of time. She was sent many letters. 3. Ms. Bacigalupe had been instructed throughout the representation to get a trial lawyer if she wanted a trial, knew was not going to advance any expert or trial costs from the beginning and I it was repeated in many letters, her answers to my firm had continued to be that she was only seeking the best settlement. The Bar was satisfied with the information provided. 4. obtained on my skill and effort and with Attorney Work Product protection a settlement of I 5150,000.00, and it was possible to maybe raise this. KF & J interference not only prevented the increase of settlement but procured a settlement for less. Mr. Welch has expressed that the only reason Ms. Baciglaupe did not get her settlement money was BECAUSE SHE DID NOT SIGN THE "SETTLEMENT AND RELEASE" which was the responsibility of K, F & J. Not Crosby. 5. YOUR ONGOING FALSE REPRESENTATION THAT AM THE REASON SHE DID NOT GET HER I SETTLEMENT MONEY IS FALSE and was pointed out to you PRIOR TO THE COURT HEARING of September 15, 2023, by email sent to both of you with the attached email to Mr. Welch authorizing him to release all but the amount in dispute. 6, I have no control over the policies of State Farm. Their letters in 2019 and 2020 were cle ar that all liens must be paid from any recovery, and this was conveyed to Ms. Bacigalupe many times. This request from State Farm has always included the Attorney Liens. 7. You do not have all attorney-client documents, nor attorney work product documents. Y our assumptions and false accusations are incorrect. Your waiver will not only bring these documents forward in my defense, but YOU, K, F & J LLP, have now taken a position adv erse to your client's ability to try her case as disclosure to show fraud could subject her to fraud upon an insurance company. CEASE AND DESIST The investigation by the State Bar of all communications including numerous letters to Ms. Bacig alupe has resulted in NO FURTHER ACTION and the matter was closed. As you and she were aware. We have not yet heard of your chosen date for the Motion for Reconsideration. expect to hear from I you by 5:00 p.m. today October 3, 2021, or will assume you agree to a date select the Week of I I October 30". My calendar is moving very fast. Very Truly Yours, igPgP„~ Karen Matcke Crosby EXHI BIT 2 10/03/2023 11'32AM FAX 8183427616 KELLER FZSNSACK JACKSON gl0002/0004 KELLER FIBHBACK Bt JACKSCIN LLP I.asaMssl.xs N S W Y 3 Il K Q a K L a s s October 3, 2023 VIA FACSIMILE 925.237.8670 Karen Matcke Crosby 2001 Clayton Road tl200 Concord, CA 94520 RE: ~Crosb u Baeigaluoe, er al. SFSC Case No, CGC-23-605647 Our Client: Bethania Bacigalupe Dear Counsel: This letter is Bethania Bacigalupe's good faith effort to meet and confer regarding your proposed unmeritorious and frivolous Motion for Reconsideration in the above-entitled case. Pleas e be advised that because you have no legal basis for the motion against the Ms. Bacigalupe, we will be fil lng a Motion for Sanctions against you pursuant to Code of Civil Procedure 4j128,7 should you proceed with the filing of the baseless motion. ln summary, the basis for the Motl'on for Sanctions will include, but is not limited to: 1) You intend to file a motion she knows is unmeritorious; 2) You intend to file a motion that is unsupported by any legal authority whatsoever; 3) You intend to file a motion that is unsupported by any factual basis whatsoever 4) Your ex parte application already reveals that you have failed to make a reasonable inquiry into the facts you misrepresent to the Court, including concealing the August 31, 2023 correspondence from our office; and 5) Your intention to present to the Court a time and resource consuming Motion which c annot be granted due to its procedural defects. By way of just one example, the deadline to file a motion for reconsideration has long passed. Should your file the unrneritorious motion, be advised that Defendant will file a Motion fur Sanctions against you pursuant to the provisions of Code of Civil Procedure 11128.7(b), which provides; By presenting to the court, whether by signing, filing, submitting, or later advocating a pleading, petition, written notice of motion, or other similar paper, an attorney ... is certifying that to the best of the person's knowledge, information, and belief, formed ager an inquiry reasonable under the circumstances, all of the following conditions are met: 23 /ZQ Qanlwsss ZTKKKT, SlIITK ZGQ AQQURa Hll.l.s, Qaa.lrasHIa 9'I 3Q1 Frol 31 3.242.'7442 Fax: 3 1 3.342.78 3 1 Wx'KAKFDl KZAL aQM 10/03/2023 11.32AM FAX 8183427676 KELLER FISHBACK JACKSOM Id]0003/0004 FARE 2 DF 2 (I) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation (2) The claims, defenses, and other legal contentions therein are warranted by existing law or by non-frivolous argument for the extension, modification, or reversal of existing law, or the establishment of new law. (3) The allegations and other factual contentions have evidentiary support or specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. (4) The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information and belief," Should you proceed with the motion we will be requesting substantial monetary sanctio ns against you pursuant to Code of Civil Procedure {I)28,7, The purpose of the provisions of Code of Civil Procedure $ 128.7's to deter attorneys from taking frivolous or unsupported positions in the pleadings they file with the court. This statute provides a remedy for an opposing party and foreslalls frivolous claims and pleadings, which is ultimately of no benefit to the parties, Code of Civil Procedure {i128.7(d) provides guidelines for detenence of improper conduct as follows: 1 The "sanotions" sertion is also codified in California Rule of Court, Rulc 230. Sanctions for rules violations in civil cases: (a) Application Thu sanctions rule applies to the rules in thc California Rules of Court relating to general civil cases, unlawful detainer c ases, probate proceedings, civil proceedings in the appellate division of the superior court, and small claims eases. {b) Sanctions ln addition to any other sanctions permitted by law, the court msy order a person, after written notice and an opportunity tribe heard, to pay reasonable monetary sanctions to the court or an aggrieved person, or both, for failure without good cause to comply wit h the applicable rules. For the pmposes of this rule, "pcmon" means a party, a party's attorney. a witness, and an Insurer or any other individual or entity whose consent is necessary for the disposition cf the case. If 4 failure to comply with an applicable rule is the responsibility of c ounsel and not of the party, any penalty must be imposed on counsel and must not adversely affect thc party's cause of action or defense thereto. (c) Notice snd procedure Sanctions must noi be imposed under this rule except on noticed motion by the party seeking sanctions or on the courfs own motion after the court has provided notice and an opportunity to be heard, A party's motion for sanctions must (I) state thc applicable rul e that has been violated, (2} describe the specific conduct that is alleged to have violated the rule, and (3) identify the attorney, law firm party, witness, or other person against whom sanctions sre sought. The court on its own motion inay isme an order to show cause that rnust (I) smte ths applicable rule that has been violated, (2) describe the specific conduct that appears to have violated the rule, and (3) dir ect the attorney, law firm, party, witness, or other person to show cause why sanctions should not be imposed against them for violation of th e rule. (d) Award of expenses In addition to the sanctions awardable under (b}, the court msy order the person who has violated an applicable rule to psy to the psny aggrieved by the violation that party's rmmonable expenses, including reasonable attorney's fees and costs, incurred in co nnection with the motion for sanctions or the ceder to show csuve. (e) Order An order imposing sanctions must he ln writing and must recite in detail the conduct or circumstances justifying the order, 10X03/2023 'l1. 33AM FAX 8183427616 KELLER FISHBACK JACKSON gl0004/0004 PAIMK 0 44K A sanction imposed for violation of subdivision (b) shall be limited to what is sufficient to deter repetition of this conduct or comparable conduct by others similarly situated. Subject to the limitations in paragraphs (I) and (2), the sanction may consist of, or include directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorney's fees and other expenses incurred as a direct result of the violation." Defendant will seek sanctions as set forth above, including but not liinited to monetary 6 anctions designed to deter you and others like you from this type of conduct. Defendant will also seek reimbursement of all costs and fees incurred as a result of your filing. Furthermore, Defen dant will pursue mandatory reimbursement for at I attorneys'ees and costs associated with opposing the fr ivolous motion for reconsideration and ex parte application pursuant to a Motion for Attorneys'ees and Costs under Code of Civil Procedure ) 425,16, Moore u. Kaufman (2010) 189 Cal.App.4'" 604, II'dkerSOn u, Stiilivan, (2002) 99 Cal,App.4th 443, and Eerchtirn u. Moses, (2001) 24 Cal,4th 1122, In addition, please note that I am not represented by Mr. Nemecck, nor am I a party defendent. Please refrain fiom attempting to contact me through Mr. Nemecek. Finally, you are not authori zed to represent to the Court that we have agreed to any specific hearing date on your proposed motion. 0 ur position is that your motion is improper, fr'ivolous, and sanctionable. I strongly urge you to reconsider the filing of this motion, Sincerely, Is( Douglas V. Dukelow 10/03/2023 1 1: 3 1AII FAK 8 1834276 16 KELLER FISHSACK JACKSDN FIII000 I/0004 FAX COVER SEND TOI FRO KAREN MATOKE CROSBY M'ELLER, FIBNBAOK a JACKSON LLP RE: AT TEN T I El N I CSOSSV V SAOIGALIJPE'T AL. ~ KAREN MATDKE CROSBY CASE No. CSC-SS.605647 PNDNE NOMBERI DaVE: OCTOBER Sl 2022 FAx NOMBERI NuMSER OF PARES. INCLuDINB CCYEFS 9 2 S. 2 2 '7. S Ei '7 CI URSENT E3 PLEASE COIUIMENT Q PLEASE REVIEW Q FOR YOUR INFORMATION 9 REPLY ASAP COMMENTS: Tkc INFEIRMATIQN caNT o Nls FAcsIMILc MAY SR ATTEIRNcv-I A caca *ND DDNFIQcNTIAL, *Ho lc TNcacta t TC!tt CO SDI,CI Y FQR USE DP THE INDIVIDUA aa ENTITY NAMED ASDVE. IF 'FHC RCADCN QF TI ~ Ia MCCCAQC IQ I EITHER THE INtEND LO alPICHT NOR THE EMPLC TEE o NT PTNSNR E TD DELIVER I'F loa L'NIPI NT, YOLI ARE HERESY N D l*T ANY QISSCMINATIOII DlatltlSUT o PR OQPYINIF EIF THIS RQMMUNIIIAY'IQH ~ T RQNRRTEQ, fl YOU HAVC C aa THIS DQHMUNIDATIDH IN ERR I, PLFAQC Ntal Y VS SY TEI,EPHONL IM o ATELY AND RCTLIRIt TH'C DRICINAL MFQCAaa a A TNE Aaakcas UCTEQ aELaw. KKLLERI FISH SACK S. JACKSON I I P ATTORNEYS AT I AW ZB'7ZO CANWOOO ST., SUITE ZOOI ASOLIRA HILLSI OA 91 301 818.342.7442 ) 818.342.7616 (FAX) EMAILCNKI JLESAL OOM [ WWW KFLILESAL OOITI EXHIB IT 3 The State Bar OFFICE OF CHIEF TRIAL COUNSEL of California 180 Howard Street, san Francisco, CA 94105 415-539-2023 sara.masterCwca bar.ca.gov March 16, 2023 PERSONAL AND CONFIDENTIAL DELIVERED VIA MY STATE BAR PROFILE Karen Crosby 2001 Clayton Rd. Ste. 200 Concord, CA 94520-2405 Re: Case Number: 22-0-07693 Complainant: Bethania Bacigalupe Dear Ms. Crosby: This letter is sent to you based upon information that you are not currently represented by counsel in this matter. If this is incorrect, please advise me within five days so that future communications may be directed to your counsel. The State Bar has completed the investigation of the allegations of professional misconduc reported by Bethania Bacigalupe and determined that this matter does not warrant further action. Therefore, the matter is closed. The decision to close this matter is without prejudice to further proceedings as appropriate pursuant to rule 2603 of the Rules of Procedure of the State Bar of California. Thank you for your cooperation in this matter. ~ Sincerely, Sara Master Investigator rrisfrst EXHIBIT 4 & ftesults far mike.welch Check gjiads out for my trust account for 040,000 From: kmc &kmcrosby~ To: mike wslch@ststsfsrm.corn &miks wstchgtstatsrsrm.samiel tmtrzsysctgkijtscst.corn &tmirzsysctgkrjtsasLcom& Pats: Wsd, Msy 11, 2022 4l48 pm Should it bc agreed that Mr. Welch is to send s check to mc to be held in my trust for $ 49,000.00 to cover thc Attorney lien filed by my firm, the remainder of the scttlem cot funds can be released to Mz. 0 scigslupe snd bor legal counsel Ms Mirzsysc. Karen llllatcke Crosby {925) 756-6062 chico {925) 237-8670 fax Ail Electronic Mail {e-mail) is strictly CONF II)ENTIAL and may be legally privileged and protected from disclosure b y a pp licable law. T he e mails ars intended only for the person{a) la whom it was addressed and intended. If you are not ths addressee in error, you are hereby notified that any review, copying, disclosure, distribution, and have received this email dissemination or action taken based upan the content is stnctty prohibited by isw without express authorization. please contact the sender by phone ar reply email to notify us of the error snd delete ail copies EXHIBIT 5 PHILIP M. ANDKRSEX elk ASSOCIATES Kymberly Aleem-Duncan Philip M. Andersen ATTORNEYS AT LAW Debomh T. Bjonerud Anm K. Liang Desnne J. Broglio Employees of tbe Law Jeanette bt Little Abhiraj "Rsj" Chowdhury State Farm Mutual Automobile Department lanes R. Picker Insurance Company Tim A. Schwetgerdt Michael J. Daley Michael J. Dodson Michsei R. Welch 4450 Rosewood Drive, Suite Kari McPadden Gannam 450 Roy S. Woo Kelli E. George Pleasanton, California 94588 Merltl S . Yancich Milan "Buzz" Yancich Telephone: (925) 225-6838 Metisse Grant garners Facsimile: (855) 732-9437 November 19, 2019 Karen Matcke Crosby, Esq. 1801 Oakland Boulevard, Suite 210-C Walnut Creek, CA 94596 Re: Bacitralune v. Pane, Ltn San Francisco Superior Court Case No. CGC-19-579618 Dear Ms. Matcke Crosby: By thisle this letter, we are asking you to confirm notice that this matter is in litigation. that all potential lien holders have been put on We are also writing to advise you that, if this matter does resolve senlement drafts'will be issued until the interests of the lien holders by way of settlement, no have been addressed. Furth urther, enclosed is the Notice of or in at noticolcts inconvenient 'iK Deposition of the Pl ain . If th e date H, for you or your client wee wi11 to or time provided move the deposition date or time th e extent possible, agree to 'me must be confirmed to accommodate yo u.. Gwever, tim in writing before we movve the the agreed upon new date and date o f th e presently set deposition. Very truly yours ul Michael Welch Esq. MWtw EXHIBIT 6 1801 Oakland Blvd. Suite 210-C Walnut Creek, CA 94509 I925)756-6062 Office {925) 237-8670 Fax www.reiawca.corn Wednesday January 6, 2021 VIA Email and Certified U.S. Mail Michael Welch Esq., Philip M. Andersen & Associates State Farm Mutual Automobile Insurance Company Re: Our Client: Bethania Bacigalupe Case No. CGC-19-579618 DOI: 10/01, 2017 San Francisco Superior Court Defendants: Jennifer Ziyi Pang and Harry Lin Dear Mr. Welch: I believe in our previous discussions you were going to give me a certified statement regarding the policy limits or the whole policy to review. It is our understanding at this time that the full policy limits are $ 150,000.00 and on that basis my client Bethania Bacigalupe demands that the full policy limits be tendered in settlement of her claim. If the policy limits combined for both Mr. Lin aud Ms. Pang are in fact higher than $ 150,000.00 then w deinand that the full limits of those combined policies be tendered in settlement of the above referenced case and that a certification of the policy and its limits be tendered to us under penalty of perjury. I would appreciate your response no later than January 11, 2021 and will have no choice but to go in ex parte for a trial extension if I do not hear back from you in a timely manuer. Karen Matcke Crosby, Esq. KMCAnm Cc: BB ~ ~ ~ i os« 8no Q ~ U IT POSTAL $FRNCE.. 7020 1810 0001 0966 3457 STA~ 51 ~Ps i ~ 5, e. omy3,3 g NsiPiI 9~ Dg IQ w«L II p «IIS )X j ~0 w «x it w II w W! ~~ jik'- " I I 'I$ cicl i« ~I t tm ~s « sr "J m I- «J OI tiis ills citici Account 8: XX'XXXXXXXX6501 Appr oval ff: 17054 Transacti« kh 772 ',,t 3 — O' R t1(I mia AID: Aninnu00031010 Chi p AL: V J SA CREDIT 3K'88 jf i PIR: Not Required Il *XX . I'WW**X XWX* WXXX WX X IX *'WWX X X I'XXX*X 'WX'I'* USPS is experiencing unprecedented volume increases and limited employee availability due to the impacts of CDVID-19. He appreciate your patience and remain committed to delivering the holidays to you. I'IXI'WII'IW'I'WWWXX'IWWW'**IWXWW*X*WW'XXX*X*WW'I'WW Text your tracking number to 28777 &2USPS& to gei ihe latest status Standard message and Data rates may apply. You may also visit www.usps.com USPS Tracking or cali 1-800-222-1811. EXHI BIT 7 Iw ll Ctl 1801 Oakland Blvd. Suite 210-C M atckc Walnut Creek, CA 94509 (925)756-6062 (:rc)shy (925)237-8670 Fax www.relawca.corn Thursday, July 16, 2020 Bethania Bacigalupe Re: Your case: Bethania Bacigalupe vs. Jennifer Ziyi Pang, Harry Lin Case No.: C6C19-579618 Dear Bethania Bacigalupe: As we discussed by phone and email, to proceed with your case for a recovery in ex cess of $ 100,000.00, we have moved the trial date back to February 16, 2021. We have expended $ 1,500.00 in search of a physician to evaluate your medical limitations in establishing your present condition and physical limitations. We must disclose our expert to the Court and opposing side soon. It is our burden to prove you are restricted orthopedically with sitting limitations (which surgery can not correct) and that you have disabling migraine headaches, a neurological limitation. This ma take two experts at $ 5,000 to $ 10,000 each at trial. I suggest we go to mediation first, but we have to pay '/~ of the mediator's fees, which again will could cost up to $ 3,000.00 to $ 4,000. lf I could get evidence of your employment dismissal showing it was not for poor performan ce but failure to accommodate your health, we could probably get the $ 100,000.00 settlement n ow. Each cost amount spent to proceed against the Defendant comes out of any recovery you ma obtain. It is possible Ms. Lim would not be able to pay any judgment that you could win, we try to get some information on this. will As I have previously requested, I need copy of your current medical files, the medications you take and the doctor notes regarding your current care to prove your present physical and mental limitations in getting work. You must send them no later th I I 30 2 020. octor's medical opinion on your work limitation in writing is necessary to proceed into mediation. we are not successful proving our case at trial, we could be liable for their attorney's fees. Bethania Bacigalupi July 16, 2020 pg2 I need your full participation in proving that your ability to hold full employment is no longer possible. If you choose to settle for the $ 100,000.00 policy limits we should do so now I look forward to receiving the rest of your out of state medical records (from 201 forward) very soon. Very Truly Yours, Karen Matcke Crosby, Attorney/Mediator KMC/mm EXHI BIT 8 1801 Oakland Blvd. Suite 210-C Walnut Creek, CA 94509 (925)756-6062 (925)237-8670 Fax www,relawca.corn January 14, 2021 VIA FAX 818.342.7616 Ms. Tenny Mirzayan, Esq. Keller, Fishback Ik Jackson LLP 28720 Canwood Street, Suite 200 Agoura Hills, CA 91301 RE; Bacigalupe v. Pang, Lin CGC 19-579618 San Francisco Superior Court Dear Ms. Minayan, Enclosedyou will find the Substitution of Attorneysigned.l wgitrytogetthefinal attorneyfeego amount pursuant to my fee agreement with Ms. Bacigalupe to you in the next few weeks for my hourly time bgled on this case at $ 400.00 per hour and assodate and paralegal time billed at $ 100 and 5200 per hour, I believe my lien exceeds $3000000 as purchased the prior deceased attorney's lien in thi I and was assigned the agreement from the law practice as well and expect to be reimbursed for hi 6:time billed that was paid by my firm, according to Ms. Badgalupe's agreement to pay him hourly if the case was transferred. As the file is between electronic and paper media and in the office and my home due to COVID, it will again take a few weeks to pull it ag together and get you electronic copies of the flies. I will incur IO tv d tr a phpetaosted hg d illMlth tt MLa hahpla dy PnIIIas welL As you are aware the trial postponement hearingis Thursday January 14, 2021 in Dept 206 by Cou rt CaiL There was a deposition of Ms. Pang scheduled for January 26, 2021 at 900 am. as agreed by oppo sing counsel but Amended Notice had not been sent so you can resetor arrange the deposition as you please. The expert deposition of Michael NG of G Sport is set for February 11, 2021 and I have review the records and of One Medical and was ready to prep his expert testimony An updated Expert Witness Disclosure ls due, and I emailed Dr. Wong's Information to opposing cou as our Sports Orthopedic expert, but was still trying to find an expert in successive concussion. No deposits have been paid. Our economic expert isexpecting records and a deposit and additional financial records soon. Ag will be in the expert witness file. I have spoken briefly with Dr. Elizabeth 8 regarding her expert chiropractic testimony. I will forward the One Medical amails With COvID restrictions and as~ resoonders, they do not have time for deposition testimony at &is time. , They will testify only as tmating witnesses. Letterto Ms. Tenny Mirzayan, Esq. January14, 2021 Page 2 The interrogatory answers showa 100f300 auto polky of Mr. Lin who was the ownerof the car w hich was not being driven on business at the time of the accident. was able to get Mr. Welch to admit to an additional .I $50000. ibad rec