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1 Sarah Shapero (Bar No. 281748)
Jessica Galletta (Bar No. 281179)
2 SHAPERO LAW FIRM
100 Pine St., Ste. 530 ELECTRONICALLY
3 San Francisco, CA 94111
Telephone: (415) 273-3504 FILED
Superior Court of California,
4 Facsimile: (415) 273-3508 County of San Francisco
5 Attorney for Plaintiff, 04/19/2024
Clerk of the Court
EDUARDO PANIAGUA BY: EDWARD SANTOS
6 Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SAN FRANCISCO
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9 Eduardo Paniagua and Elena Asturias, Case No.: CGC-18-571279
individuals,
10 REQUEST FOR JUDICIAL NOTICE IN
Plaintiffs, SUPPORT OF MOTION TO STRIKE
11 AND/OR TAX MEMORANDUM OF
vs. COSTS
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Milestone Financial, LLC, a California
13 corporation, Bear Bruin Ventures, Inc. a Date: TBD
California Corporation, William R. Stuart, Time: 9:30 am
14 an individual, Carolyn Stuart, an Dept.: 611
individual, Zoe Hamilton, an individual,
15 and DOES 1-100, inclusive,
16 Defendants.
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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
MOTION TO STRIKE AND/OR TAX MEMORANDUM OF COSTS
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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that on _______________________, at 9:30 am, or as soon as
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the matter may be heard, EDUARDO PANIAGUA, will, and hereby does, request that the Court
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take judicial notice of the exhibits attached to this this Request For Judicial Notice. This request is
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based on the attached Memorandum of Points and Authorities, all pleadings and records on file in
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this action, and such briefing, papers, and argument as may be permitted in this matter.
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Plaintiffs request that the Court take judicial notice, pursuant to California Evidence
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Code § 451 and 452 of the following exhibit(s):
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Exhibit, “A”: Attached hereto as Exhibit, “A” is a true and correct copy of the
10 Memorandum of Costs, filed April 14, 2023 in Case CGC-18-571279 of the
11 Superior Court of the State of California – County of San Francisco.
12 Exhibit, “B”: Attached hereto as Exhibit, “B” is a true and correct copy of the
DEFENDANTS’ NOTICE OF RULING ON PLAINTIFF ELENA ASTURIAS’
13 MOTION TO STRIKE AND/OR TAX MEMORANDUM OF COSTS filed on
June 2, 2023 in Case CGC-18-571279 of the Superior Court of the State of
14 California – County of San Francisco.
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Exhibit, “C”: Attached hereto as Exhibit, “C” is a true and correct copy of the
16 Judgment filed on March 22, 2024 2023 in Case CGC-18-571279 of the Superior
Court of the State of California – County of San Francisco.
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Exhibit, “D”: Attached hereto as Exhibit, “D” is a true and correct copy of the
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Memorandum of Costs, filed April 2, 2024 in Case CGC-18-571279 of the
19 Superior Court of the State of California – County of San Francisco.
20 Exhibit, “E”: Attached hereto as Exhibit, “E” is a true and correct copy of the
Cross-Complaint filed June 4, 2021 in Case CGC-18-571279 of the Superior
21 Court of the State of California – County of San Francisco.
22 Under California Rule of Evidence § 452, judicial notice may be taken of Facts and
23 propositions that are not reasonably subject to dispute and are capable of immediate and accurate
24 determination by resort to sources of reasonably indisputable accuracy. (Cal. Evid. Code 452(h).)
25 Judicial notice under Evidence Code § 452, is intended to cover facts that are not reasonably
26 subject to dispute and are easily verified. (Gould v. Maryland Sound Industries, Inc., (1995, Cal
27 App 2d Dist.) 31 Cal App 4th 1137.). The conditions for considering the attached document are
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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
MOTION TO STRIKE AND/OR TAX MEMORANDUM OF COSTS
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met here. There is no question concerning the exhibits above, and the exhibits above are capable
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of immediate and accurate determination by a reliable source. Judicial notice is appropriate for
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each exhibit because the documents are true and correct copies of official court filings. Thus, the
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authenticity of the documents are “not subject to reasonable dispute” and “can be accurately and
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readily determined from sources whose accuracy cannot reasonably be questioned.” (Cal. Evid.
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Code § 452.) Therefore, Plaintiff respectfully requests that the Court take judicial notice of the
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above documents in considering Eduardo Paniagua’s Motion to Strike and/or Tax Costs.
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9 DATED: April 19, 2024 Respectfully Submitted,
10 SHAPERO LAW FIRM, PC
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By: /s/ Jessica Galletta
13 Sarah Shapero, Esq.
Jessica Galletta, Esq.
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Eduardo Paniagua
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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
MOTION TO STRIKE AND/OR TAX MEMORANDUM OF COSTS
1 DECLARATION OF JESSICA GALLETTA
IN SUPPORT OF REQUEST FOR JUDICIAL NOTICE
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1. I am an associate of Shapero Law Firm, counsel for Plaintiff in this action. I have
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personal knowledge of the following facts and if called upon as a witness, I could and would
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competently testify as to the veracity of the matters stated herein.
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2. Attached hereto as Exhibit, “A” is a true and correct copy of the Memorandum of Costs,
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filed April 14, 2023 in Case CGC-18-571279 of the Superior Court of the State of California –
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County of San Francisco.
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3. Attached hereto as Exhibit, “B” is a true and correct copy of the DEFENDANTS’
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NOTICE OF RULING ON PLAINTIFF ELENA ASTURIAS’ MOTION TO STRIKE AND/OR
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TAX MEMORANDUM OF COSTS filed on June 2, 2023 in Case CGC-18-571279 of the
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Superior Court of the State of California – County of San Francisco.
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4. Attached hereto as Exhibit, “C” is a true and correct copy of the Judgment filed on March
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22, 2024 2023 in Case CGC-18-571279 of the Superior Court of the State of California – County
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of San Francisco.
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5. Attached hereto as Exhibit, “D” is a true and correct copy of the Memorandum of Costs,
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filed April 2, 2024 in Case CGC-18-571279 of the Superior Court of the State of California –
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County of San Francisco.
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6. Attached hereto as Exhibit, “E” is a true and correct copy of the Cross-Complaint filed
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June 4, 2021 in Case CGC-18-571279 of the Superior Court of the State of California – County of
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San Francisco
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I declare under penalty of perjury of the laws of the United States that the foregoing is true
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and correct. Executed this day April 19, 2024 in Charlotte, North Carolina.
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24 /s/ Jessica Galletta
Jessica Galletta
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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
MOTION TO STRIKE AND/OR TAX MEMORANDUM OF COSTS
A
EXHIBIT “__”
MC-010
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY
NAME: Vincent J. Davitt, Esq. SBN 130649
FIRM NAME: Meylan Davitt Jain Arevian & Kim LLP
STREET ADDRESS: 444 South Flower Street, Suite 1850
CITY: Los Angeles STATE: CA ZIP CODE: 90071
TELEPHONE NO.: (213) 225-6000 FAX NO.: (213) 225-6660
ELECTRONICALLY
E-MAIL ADDRESS: vdavitt@mdjalaw.com FILED
ATTORNEY FOR (name): Defts. and Cross-Complainants Milestone Financial, LLC, et al. Superior Court of California,
County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADDRESS: 400 McAllister St. 04/14/2023
MAILING ADDRESS: 400 McAllister St. Clerk of the Court
BY: RONNIE OTERO
CITY AND ZIP CODE: San Francisco, CA 94102
Deputy Clerk
BRANCH NAME: Central
PLAINTIFF: Eduardo Paniagua and Elena Asturias
DEFENDANT: Milestone Financial, LLC et al.
CASE NUMBER:
MEMORANDUM OF COSTS (SUMMARY) CGC-18-571279
The following costs are requested: TOTALS
1. Filing and motion fees $ 2,045.00
2. Jury fees $
3. Jury food and lodging $
4. Deposition costs $ 6,090.42
5. Service of process $ 1,383.16
6. Attachment expenses $
7. Surety bond premiums $
8. Witness fees $
9. Court-ordered transcripts $
10. Attorney fees (enter here if contractual or statutory fees are fixed without necessity of a court $
determination; otherwise a noticed motion is required)
11. Court reporter fees as established by statute $
12. Models, enlargements, and photocopies of exhibits $
13. Interpreter fees $ 632.50
14. Fees for electronic filing or service $ 612.89
15. Fees for hosting electronic documents $
16. Other $ 282.00
TOTAL COSTS $ 11,045.97
I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct
and these costs were necessarily incurred in this case.
Date: April 14, 2023
Vincent J. Davitt, Esq.
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
(Proof of service on reverse) Page 1 of 2
Form Approved for Optional Use Code of Civil Procedure,
Judicial Council of California MC-010
MEMORANDUM OF COSTS (SUMMARY) §§ 1032, 1033.5
[Rev. September 1, 2017]
MC-010
SHORT TITLE CASE NUMBER:
Paniagua v. Milestone Financial, LLC, et al. CGC-18-571279
PROOF OF MAILING PERSONAL DELIVERY
1. At the time of mailing or personal delivery, I was at least 18 years of age and not a party to this legal action.
2. My residence or business address is (specify):
3. I mailed or personally delivered a copy of the Memorandum of Costs (Summary) as follows (complete either a or b):
a. Mail. I am a resident of or employed in the county where the mailing occurred.
(1) I enclosed a copy in an envelope AND
(a) deposited the sealed envelope with the United States Postal Service with the postage fully prepaid.
(b) placed the envelope for collection and mailing on the date and at the place shown in items below following
our ordinary business practices. I am readily familiar with this business' practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with
postage fully prepaid.
(2) The envelope was addressed and mailed as follows:
(a) Name of person served:
(b) Address on envelope:
(c) Date of mailing:
(d) Place of mailing (city and state):
b. Personal delivery. I personally delivered a copy as follows:
(1) Name of person served:
(2) Address where delivered:
(3) Date delivered:
(4) Time delivered:
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
Page 2 of 2
MC-010 [Rev.September 1, 2017]
MEMORANDUM OF COSTS (SUMMARY)
MC-011
SHORT TITLE CASE NUMBER:
Paniagua et al. v. Milestone et al. CGC-18-571279
MEMORANDUM OF COSTS (WORKSHEET)
1. Filing and motion fees
Paper filed Filing fee
a. 12/18/18 5 first appearance fees $ 1087.50
b. 12/18/18 Motion to compel arbitration $ 30.00
c. 5/15/19 Appellate Brief Filing Fee $ 387.50
d. 7/29/22 Ex Parte to Continue Trial $ 30.00
e. 8/5/22 Stipulation to Continue Trial $ 10.00
f. 11/16/22 Motions for Summary Judgment (2) $ 500.00
g. Information about additional filing and motion fees is contained in Attachment 1g.
TOTAL 1. $ 2,045.00
2. Jury fees
Date Fee & mileage
a. $
b. $
c. $
d. $
e. Information about additional jury fees is contained in Attachment 2e.
TOTAL 2. $
3. Juror food: $ and lodging: $ TOTAL 3. $
4. Deposition costs
Name of deponent Taking Transcribing Travel Videotaping Subtotals
a. Marc Fournier, 7/28/22 $ 1,237.60 $ $ $ $ 618.80
b. William R. Stuart, 8/31.22 $ 1,126.90 $ $ $ $ 563.45
c. Eduardo Paniagua, 7/15/22 $ 520.00 $ $ $ $ 260.00
d. Eduardo Paniagua, 7/20/22 $ 520.00 $ $ $ $ 260.00
e. Information about additional deposition costs is contained in Attachment 4e.
TOTAL 4. $ 6,090.42
(Continued on reverse) Page 3 of 10
Form Approved for Optional Use Code of Civil Procedure,
Judicial Council of California MC-011
MEMORANDUM OF COSTS (WORKSHEET) §§ 1032, 1033.5
[Rev. September 1, 2017]
MC-011
SHORT TITLE CASE NUMBER:
Paniagua et al. v. Milestone et al. CGC-18-571279
5. Service of process
Registered
Name of person served Public officer process Publication Other (specify)
a. 6/1/21 (See Attachment 5d) $ $ 625.00 $ $
b. 7/7/22 MJD Funding $ $ 21.13 $ $
c. 7/7/22 Old Republic $ $ 105.90 $ $
d. Information about additional costs for service of process is contained in Attachment 5d.
TOTAL 5. $ 1,383.16
6. Attachment expenses (specify): 6. $
7. Surety bond premiums (itemize bonds and amounts): 7. $
8. a. Ordinary witness fees
Name of witness Daily fee Mileage Total
(1) days at $/day miles at ¢/mile: $
(2) days at $/day miles at ¢/mile: $
(3) days at $/day miles at ¢/mile: $
(4) days at $/day miles at ¢/mile: $
(5) days at $/day miles at ¢/mile: $
(6) Information about additional ordinary witness fees is contained in Attachment 8a(6).
SUBTOTAL 8a. $
(Continued on next page)
MC-011 [Rev. September 1, 2017]
MEMORANDUM OF COSTS (WORKSHEET) Page 4 of 10
MC-011
SHORT TITLE CASE NUMBER:
Paniagua et al. v. Milestone et al. CGC-18-571279
8. b. Expert fees (per Code of Civil Procedure section 998)
Name of witness Fee
(1) hours at $ /hr $
(2) hours at $ /hr $
(3) hours at $ /hr $
(4) hours at $ /hr $
(5) Information about additional expert fees is contained in Attachment 8b(5).
SUBTOTAL 8b. $
c. Court-ordered expert fees
Name of witness Fee
(1) hours at $ /hr $
(2) hours at $ /hr $
(3) Information about additional court-ordered expert fees is contained in Attachment 8c(3).
SUBTOTAL 8c. $
TOTAL (8a, 8b, & 8c) 8. $
9. Court-ordered transcripts (specify): 9. $
10. Attorney fees (enter here if contractual or statutory fees are fixed without necessity of a court 10. $ per motion
determination; otherwise a noticed motion is required):
Defendants will be filing a separate motion for attorneys' fees.
11. Models, enlargements, and photocopies of exhibits (specify): 11. $
12. Court reporter fees (as established by statute)
a. (Name of reporter): Fees: $
b. (Name of reporter): Fees: $ TOTAL 12. $
c. Information about additional court-reporter fees is contained in Attachment 12c.
13. Interpreter fees
a. Fees of a certified or registered interpreter for the deposition of a party or witness
(Name of interpreter): Marcella Castanedal, 8/23/22 Fees: $ 357.50
(Name of interpreter): Ruth Nuno, 9/6/22 Fees: $ 285.00
b. Fees for a qualified court interpreter authorized by the court for an indigent
person represented by a qualified legal services project or a pro bono attorney
(Name of interpreter): Fees: $
(Name of interpreter): Fees: $ TOTAL 13. $ 632.50
c. Information about additional court-reporter fees is contained in Attachment 13c.
14. Fees for electronic filing or service of documents through an electronic filing service provider
(enter here if required or ordered by the court): 14. $ 612.89
15. Fees for hosting electronic documents through an electronic filing service provider (enter here
if required or ordered by the court): 15. $
16. Other (specify): Courtcalls 16. $ 282.00
TOTAL COSTS $
(Additional information may be supplied on the reverse)
MC-011 [Rev. September 1, 2017]
MEMORANDUM OF COSTS (WORKSHEET) Page 5 of 10
MC-011
SHORT TITLE CASE NUMBER:
Paniagua et al. v. Milestone et al. CGC-18-571279
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MC-011 [Rev. September 1, 2017]
MEMORANDUM OF COSTS (WORKSHEET) Page 6 of 10
Paniagua v. Milestone Financial, LLC, et al.
CGC-18-571279
1g
Defendants seek 50% of their total costs incurred in this action as to this category of costs. There are
two Plaintiffs in this action. Plaintiff Asturias’ dismissal of all her claims constitutes a dismissal of 50%
of the claims asserted in this action. Therefore, Defendants seek 50% of their costs in response to
Asturias’ dismissal
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Paniagua v. Milestone Financial, LLC, et al.
CGC-18-571279
4e
Deposition Costs (cont.)*
E. Paniagua (Vol 1) $1,035.08
E. Paniagua (Vol 2) $1,153.53
Elena Asturias $1,260.78
Carlota Del Portillo $581.10
Zoe Hamilton $357.68
*Defendants seek 50% of their total costs incurred in this action as to this category of costs. There are two
Plaintiffs in this action. Plaintiff Asturias’ dismissal of all her claims constitutes a dismissal of 50% of the
claims asserted in this action. Therefore, Defendants seek 50% of their costs in response to Asturias’
dismissal
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Paniagua v. Milestone Financial, LLC, et al.
CGC-18-571279
5d
Service of Process **
7/7/22 M. Fournier $63.02
8/3/22 East West Bank $50.47
8/3/22 Conventus Holdings $61.76
8/18/22 Old Republic $77.41
8/18/22 Conventus Holdings $93.94
8/18/22 East West Bank $50.47
8/29/22 C. del Portillo $79.06
8/29/22 C. Echevarria $77.31
9/22/22 C. del Portillo $77.69
*Parties served on 6/1/21: Malgesini 401 Plan; Debra Resnik; Yosemite Capital LLC; Nina Geneson, Trustee;
James Nunemacher; and Jennifer Smorgon
**Defendants seek 50% of their total costs incurred in this action as to this category of costs. There are two
Plaintiffs in this action. Plaintiff Asturias’ dismissal of all her claims constitutes a dismissal of 50% of the
claims asserted in this action. Therefore, Defendants seek 50% of their costs in response to Asturias’
dismissal.”
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1 PROOF OF SERVICE
2 I, RONI M. IWATA, declare:
3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and
not a party to this action. My business address, telephone number and email address are 444 South
4 Flower Street, Suite 1850, Los Angeles, California 90071, (213) 225-6000, riwata@mdjalaw.com.
5 On April 14, 2023, I served the document(s) described as MEMORANDUM OF COSTS
6 (SUMMARY) [INCLUDES MEMORANDUM OF COSTS WORKSHEET) on the interested
parties in this action:
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Sarah Shapero, Esq. Harris Cohen, Esq.
8 Stephanie Silverman Warden, Esq. HARRIS L. COHEN, A PROF. CORP.
SHAPERO LAW FIRM 5305 Andasol Avenue
9 100 Pine Street, Suite 530 Encino, CA 91316
10 San Francisco, CA 94111 Email: hcohen00@aol.com
Email: sarah@shaperolawfirm.com Co-Counsel for Defendants/Cross-Complainants
11 Email: stephanie@shaperolawfirm.com Milestone Financial, LLC; Bear Bruin Ventures,
Attorneys for Plaintiffs Inc.; William R. Stuart; Carolyn Stuart; and Zoe
12 Eduardo Paniagua and Elena Asturias Hamilton
13 Elkanah J. Burns, Esq.
14 LAW OFFICES OF ELKANAH J. BURNS
847 N. Hollywood Way, Suite 201
15 Burbank, CA 91505
Email: elkanah@convergenz.com
16 Co-Counsel for Defendants/Cross-Complainants
Milestone Financial, LLC; Bear Bruin Ventures,
17 Inc.; William R. Stuart; Carolyn Stuart; and Zoe
18 Hamilton
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BY E-MAIL/ELECTRONIC TRANSMISSION: Based on the California Rules of Court, a
20 court order, and/or an agreement of the parties to accept service by e-mail or electronic transmission, I
caused the document(s) to be transmitted to an electronic filing service provider or to the persons at the
21 email addresses listed on the within service list. I did not receive within a reasonable time after the
22 transmission, any electronic message or other indication that the transmission was unsuccessful.
23 [State] I declare under penalty of perjury under the laws of the State of California that
the above is true and correct.
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Executed on April 14, 2023, at Los Angeles, California.
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RONI M. IWATA
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B
EXHIBIT “__”
1 MEYLAN DAVITT JAIN AREVIAN & KIM LLP
VINCENT J. DAVITT, ESQ. (State Bar No. 130649)
2 ANITA JAIN, ESQ. (State Bar No. 192961) ELECTRONICALLY
3
444 South Flower Street, Suite 1850 FILED
Los Angeles, California 90071 Superior Court of California,
County of San Francisco
4 Telephone: (213) 225-6000 / Fax: (213) 225-6660
Email: vdavitt@mdjalaw.com 06/02/2023
Clerk of the Court
5 Email: ajain@mdjalaw.com BY: RONNIE OTERO
Deputy Clerk
6 HARRIS L. COHEN, A PROF. CORP.
HARRIS L. COHEN, ESQ. (State Bar No. 119600)
7
5305 Andasol Avenue
8 Encino, California 91316
Telephone: (818) 905-5599 / Fax: (818) 905-5660
9 Email: hcohen00@aol.com
10 Attorneys for Defendants and Cross-Complainants
Milestone Financial, LLC; Bear Bruin Ventures, Inc.;
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William R. Stuart; Carolyn Stuart; and Zoe Hamilton
12
13 SUPERIOR COURT OF THE STATE OF CALIFORNIA
14 FOR THE COUNTY OF SAN FRANCISCO
15 Eduardo Paniagua and Elena Asturias, CASE NO. CGC-18-571279
individuals,
16 DEFENDANTS’ NOTICE OF RULING
Plaintiffs,
vs. ON PLAINTIFF ELENA ASTURIAS’
17
MOTION TO STRIKE AND/OR TAX
18 Milestone Financial, LLC, a California MEMORANDUM OF COSTS
corporation, Bear Bruin Ventures, Inc. a
19 California Corporation, William R. Stuart, an
individual, Carolyn Stuart, an individual, Zoe
20 Hamilton, an individual, and DOES 1-100, Date: May 30, 2023
inclusive, Time: 9:00 a.m.
21
Defendants. Dept: 501
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23 Milestone Financial, LLC, a California Limited
Action filed: November 13, 2018
Liability Company, Bear Bruin Ventures, Inc.,
24 William Stuart, Carolyn Stuart and Zoe Hamilton,
Cross-Complainants,
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v.
26 Eduardo Paniagua and Roes 1-100,
27 Cross-Defendants.
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DEFENDANTS’ NOTICE OF RULING ON PLAINTIFF ASTURIAS’ MOTION TO STRIKE AND/OR TAX COSTS
1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
2 PLEASE TAKE NOTICE that, on May 30, 2023, the Court denied Elena Asturias’
3 (“Asturias”) Motion to Strike and/or Tax Memorandum of Costs. A copy of the case docket
4 reflecting the denial of the motion is attached hereto as Exhibit A. Accordingly, pursuant to their
5 Memorandum of Costs, Defendants Milestone Financial, LLC; Bear Bruin Ventures, Inc.; William R.
6 Stuart; and Zoë Hamilton are entitled to the recovery of their costs from Asturias in the sum of
7 $11,045.97.
8
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DATED: June 2, 2023 MEYLAN DAVITT JAIN AREVIAN & KIM LLP
10
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12 By:
Vincent J. Davitt
13 Anita Jain
14 Attorneys Defendants and Cross-Complainants
Milestone Financial, LLC; Bear Bruin Ventures, Inc.;
15 William R. Stuart; Carolyn Stuart; and Zoe Hamilton
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DEFENDANTS’ NOTICE OF RULING ON PLAINTIFF ASTURIAS’ MOTION TO STRIKE AND/OR TAX COSTS
EXHIBIT A 3
6/2/23, 7:33 AM Case Information
Date Proceedings Document Fee
2023-05-30 MOTION IN LIMINE NO. 2: TO EXCLUDE EVIDENCE NOT PRODUCED DURING DISCOVERY (TRANSACTION ID # View
100201542) FILED BY PLAINTIFF PANIAGUA, EDUARDO INDIVIDUALS ASTURIAS, ELENA INDIVIDUALS
2023-05-30 DECLARATION OF SARAH SHAPERO IN SUPPORT OF MOTION IN LIMINE NO. 1 (TRANSACTION ID # 100201542) View
FILED BY PLAINTIFF PANIAGUA, EDUARDO INDIVIDUALS ASTURIAS, ELENA INDIVIDUALS
2023-05-30 MOTION IN LIMINE NO. 1: TO EXCLUDE UNDISCLOSED EXPERT WITNESS TESTIMONY AND REPORTS View
(TRANSACTION ID # 100201542) FILED BY PLAINTIFF PANIAGUA, EDUARDO INDIVIDUALS ASTURIAS, ELENA
INDIVIDUALS
2023-05-30 REAL PROPERTY/HOUSING MOTION 501, NOTICE OF MOTION AND MOTION TO STRIKE AND/OR TAX
MEMORANDUM OF COSTS IS DENIED. JUDGE: CHARLES F. HAINES; CLERK: L. TAUALA ; NOT REPORTED. (D501)
2023-05-30 MINI MINUTES FOR MAY-30-2023 09:30 AM FOR DEPT 501
2023-05-26 NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED (TRANSACTION ID # 100201330) FILED BY DEFENDANT View
MILESTONE FINANCIAL, LLC A CALIFORNIA CORPORATION BEAR BRUIN VENTURES, INC. A CALIFORNIA
CORPORATION STUART, WILLIAM R. AN INDIVIDUAL STUART, CAROLYN T. AN INDIVIDUAL HAMILTON, ZOE AN
INDIVIDUAL
2023-05-22 PROOF OF SERVICE BY ELECTRONIC MAIL (TRANSACTION ID # 100200753) FILED BY PLAINTIFF PANIAGUA, View
EDUARDO INDIVIDUALS ASTURIAS, ELENA INDIVIDUALS
2023-05-22 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STRIKE AND/OR TAX MEMORANDUM View
OF COSTS (TRANSACTION ID # 100200753) FILED BY PLAINTIFF ASTURIAS, ELENA INDIVIDUALS
2023-05-19 ORDER GRANTING DEFENDANTS' MOTION FOR ATTORNEYS' FEES AGAINST ELENA ASTURIA View
2023-05-16 PROOF OF SERVICE BY ELECTRONIC MAIL (TRANSACTION ID # 100200165) FILED BY PLAINTIFF PANIAGUA, View
EDUARDO INDIVIDUALS ASTURIAS, ELENA INDIVIDUALS
2023-05-16 PLAINTIFFS OBJECTIONS TO DEFENDANTS PROPOSED JUDGMENT AGAINST ELENA ASTURIAS FOR View
ATTORNEYS FEES AND COSTS (TRANSACTION ID # 100200165) FILED BY PLAINTIFF PANIAGUA, EDUARDO
INDIVIDUALS ASTURIAS, ELENA INDIVIDUALS
2023-05-16 DECLARATION OF VINCENT J. DAVITT IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFF ELENA View
ASTURIAS MOTION TO STRIKE AND/OR TAX MEMORANDUM OF COSTS (TRANSACTION ID # 100200158) FILED
BY DEFENDANT MILESTONE FINANCIAL, LLC A CALIFORNIA CORPORATION BEAR BRUIN VENTURES, INC. A
CALIFORNIA CORPORATION STUART, WILLIAM R. AN INDIVIDUAL STUART, CAROLYN T. AN INDIVIDUAL
HAMILTON, ZOE AN INDIVIDUAL
2023-05-16 OPPOSITION TO PLAINTIFF ELENA ASTURIAS MOTION TO STRIKE AND/OR TAX MEMORANDUM OF COSTS View
(TRANSACTION ID # 100200158) FILED BY DEFENDANT MILESTONE FINANCIAL, LLC A CALIFORNIA
CORPORATION BEAR BRUIN VENTURES, INC. A CALIFORNIA CORPORATION STUART, WILLIAM R. AN
INDIVIDUAL STUART, CAROLYN T. AN INDIVIDUAL HAMILTON, ZOE AN INDIVIDUAL
2023-05-15 DEFENDANTS MILESTONE FINANCIAL, LLC; BEAR BRUIN VENTURES, INC.; WILLIAM R. STUART; CAROLYN View $60.00
STUART; AND ZOE HAMILTONS BRIEF RE ENTRY OF SEPARATE JUDGMENT AFTER DISMISSAL OF ACTION BY
ELENA ASTURIAS (TRANSACTION ID # 100200002) FILED BY DEFENDANT MILESTONE FINANCIAL, LLC A
CALIFORNIA CORPORATION BEAR BRUIN VENTURES, INC. A CALIFORNIA CORPORATION STUART, WILLIAM R.
AN INDIVIDUAL STUART, CAROLYN T. AN INDIVIDUAL HAMILTON, ZOE AN INDIVIDUAL
2023-05-11 DECLARATION OF COUNSEL RE [PROPOSED] ORDER GRANTING DEFENDANTS MOTION FOR ATTORNEYS FEES View
AGAINST ELENA ASTURIAS (TRANSACTION ID # 100199651) FILED BY DEFENDANT MILESTONE FINANCIAL, LLC
A CALIFORNIA CORPORATION
2023-05-11 [PROPOSED] ORDER GRANTING DEFENDANTS MOTION FOR ATTORNEYS FEES AGAINST ELENA ASTURIAS View
(COVER SHEET) (TRANSACTION ID # 100199630) FILED BY DEFENDANT MILESTONE FINANCIAL, LLC A
CALIFORNIA CORPORATION
2023-05-03 REAL PROPERTY/HOUSING MOTION 501, DEFENDANTS' MOTION FOR ATTORNEY FEES AND EXPENSES IS
GRANTED AS TO THE FRAUD AND NEGLIGENT MISREPRESENTATION CLAIMS, IN THE AMOUNT OF $107,060.50.
FRAUD AND NEGLIGENT MISREPRESENTATION REPRESENT TWO OF THE FOUR CAUSES OF ACTION WHICH
ACCRUED SIGNIFICANT ATTORNEY'S FEES (ALONG WITH THE ACTIONS FOR UNFAIR COMPETITION AND
USURY). AS SUCH, THE REQUESTED ATTORNEY'S FEES ARE REDUCED BY HALF. THE CAUSES OF ACTION FOR
UNFAIR COMPETITION, USURY, RESCISSION, AND DECLARATORY RELIEF WERE "ON A CONTRACT" PURSUANT
TO CCP SECTION 1717, AND THEREFORE ATTORNEY'S FEES ARE NOT RECOVERABLE. PREVAILING PARTY TO
PREPARE ORDER IN COMPLIANCE WITH CRC 3.1312(B). JUDGE: CHARLES F. HAINES; CLERK: KENNETH B.
HUNT; NOT REPORTED. (D501)
2023-05-03 MINI MINUTES FOR MAY-03-2023 09:30 AM FOR DEPT 501
2023-05-02 PROOF OF SERVICE BY ELECTRONIC MAIL (TRANSACTION ID # 100198636) FILED BY PLAINTIFF ASTURIAS, View
ELENA INDIVIDUALS
4
https://webapps.sftc.org/ci/CaseInfo.dll?CaseNum=CGC18571279&SessionID=9163F3442C887B2BF14D6B0FBADFD45C4590488C 2/10
1 PROOF OF SERVICE
2 I, RONI M. IWATA, declare:
3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and
not a party to this action. My business address, telephone number and email address are 444 South
4 Flower Street, Suite 1850, Los Angeles, California 90071, (213) 225-6000, riwata@mdjalaw.com.
5 On June 2, 2023, I served the document(s) described as DEFENDANTS’ NOTICE OF
RULING ON PLAINTIFF ELENA ASTURIAS’ MOTION TO STRIKE AND/OR TAX
6 MEMORANDUM OF COSTS on the interested parties in this action:
7 Sarah Shapero, Esq. Harris Cohen, Esq.
Stephanie Silverman Warden, Esq. HARRIS L. COHEN, A PROF. CORP.
8 SHAPERO LAW FIRM 5305 Andasol Avenue
100 Pine Street, Suite 530 Encino, CA 91316
9 San Francisco, CA 94111 Email: hcohen00@aol.com
10 Email: sarah@shaperolawfirm.com Co-Counsel for Defendants/Cross-Complainants
Email: stephanie@shaperolawfirm.com Milestone Financial, LLC; Bear Bruin Ventures,
11 Attorneys for Plaintiffs Inc.; William R. Stuart; Carolyn Stuart; and Zoe
Eduardo Paniagua and Elena Asturias Hamilton
12
Elkanah J. Burns, Esq.
13
LAW OFFICES OF ELKANAH J. BURNS
14 847 N. Hollywood Way, Suite 201
Burbank, CA 91505
15 Email: elkanah@convergenz.com
Co-Counsel for Defendants/Cross-Complainants
16 Milestone Financial, LLC; Bear Bruin Ventures,
Inc.; William R. Stuart; Carolyn Stuart; and Zoe
17
Hamilton
18
19 BY E-MAIL/ELECTRONIC TRANSMISSION: Based on the California Rules of Court, a
court order, and/or an agreement of the parties to accept service by e-mail or electronic transmission, I
20 caused the document(s) to be transmitted to an electronic filing service provider or to the persons at the
email addresses listed on the within service list. I did not receive within a reasonable time after the
21
transmission, any electronic message or other indication that the transmission was unsuccessful.
22
[State] I declare under penalty of perjury under the laws of the State of California that
23 the above is true and correct.
24 Executed on June 2, 2023, at Los Angeles, California.
25
26
27 RONI M. IWATA
28
5
DEFENDANTS’ NOTICE OF RULING ON PLAINTIFF ASTURIAS’ MOTION TO STRIKE AND/OR TAX COSTS
C
EXHIBIT “__”
D
EXHIBIT “__”
130649
Vincent J. Davitt
MEYLAN DAVITT JAIN AREVIAN & KIM LLP
444 South Flower Street, Suite 1850
Los Angeles CA 90071
(213) 225-6000 (213) 225-6660 ELECTRONICALLY
vdavitt@mdjalaw.com FILED
Defendants Milestone Financial, LLC, et al. Superior Court of California,
County of San Francisco
SAN FRANCISCO
400 McAllister Street 04/02/2024
400 McAllister Street Clerk of the Court
San Francisco, 94102-4515 BY: RONNIE OTERO
Deputy Clerk
Civic Center Courthouse
Eduardo Paniagua
Milestone Financial, LLC, et al.
CGC-18-571279
3,416.00
10,888.94
2,215.07
6,571.06
1,028.00
1,647.55
508.80
26,275.42
April 1, 2024
Vincent J. Davitt
Paniagua v. Milestone Financial, LLC, et al.
CGC-18-571279
x SEE ATTACHED PROOF OF SERVICE
444 South Flower Street, Suite 1850, Los Angeles, CA 90071
Paniagua v. Milestone Financial, LLC, et al.
CGC-18
Preview
1 Sarah Shapero (Bar No. 281748) Jessica Galletta (Bar No. 281179) 2 SHAPERO LAW FIRM 100 Pine St., Ste. 530 ELECTRONICALLY 3 San Francisco, CA 94111 Telephone: (415) 273-3504 FILED Superior Court of California, 4 Facsimile: (415) 273-3508 County of San Francisco 5 Attorney for Plaintiff, 04/19/2024 Clerk of the Court EDUARDO PANIAGUA BY: EDWARD SANTOS 6 Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF SAN FRANCISCO 8 9 Eduardo Paniagua and Elena Asturias, Case No.: CGC-18-571279 individuals, 10 REQUEST FOR JUDICIAL NOTICE IN Plaintiffs, SUPPORT OF MOTION TO STRIKE 11 AND/OR TAX MEMORANDUM OF vs. COSTS 12 Milestone Financial, LLC, a California 13 corporation, Bear Bruin Ventures, Inc. a Date: TBD California Corporation, William R. Stuart, Time: 9:30 am 14 an individual, Carolyn Stuart, an Dept.: 611 individual, Zoe Hamilton, an individual, 15 and DOES 1-100, inclusive, 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE AND/OR TAX MEMORANDUM OF COSTS 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE that on _______________________, at 9:30 am, or as soon as 3 the matter may be heard, EDUARDO PANIAGUA, will, and hereby does, request that the Court 4 take judicial notice of the exhibits attached to this this Request For Judicial Notice. This request is 5 based on the attached Memorandum of Points and Authorities, all pleadings and records on file in 6 this action, and such briefing, papers, and argument as may be permitted in this matter. 7 Plaintiffs request that the Court take judicial notice, pursuant to California Evidence 8 Code § 451 and 452 of the following exhibit(s): 9 Exhibit, “A”: Attached hereto as Exhibit, “A” is a true and correct copy of the 10 Memorandum of Costs, filed April 14, 2023 in Case CGC-18-571279 of the 11 Superior Court of the State of California – County of San Francisco. 12 Exhibit, “B”: Attached hereto as Exhibit, “B” is a true and correct copy of the DEFENDANTS’ NOTICE OF RULING ON PLAINTIFF ELENA ASTURIAS’ 13 MOTION TO STRIKE AND/OR TAX MEMORANDUM OF COSTS filed on June 2, 2023 in Case CGC-18-571279 of the Superior Court of the State of 14 California – County of San Francisco. 15 Exhibit, “C”: Attached hereto as Exhibit, “C” is a true and correct copy of the 16 Judgment filed on March 22, 2024 2023 in Case CGC-18-571279 of the Superior Court of the State of California – County of San Francisco. 17 Exhibit, “D”: Attached hereto as Exhibit, “D” is a true and correct copy of the 18 Memorandum of Costs, filed April 2, 2024 in Case CGC-18-571279 of the 19 Superior Court of the State of California – County of San Francisco. 20 Exhibit, “E”: Attached hereto as Exhibit, “E” is a true and correct copy of the Cross-Complaint filed June 4, 2021 in Case CGC-18-571279 of the Superior 21 Court of the State of California – County of San Francisco. 22 Under California Rule of Evidence § 452, judicial notice may be taken of Facts and 23 propositions that are not reasonably subject to dispute and are capable of immediate and accurate 24 determination by resort to sources of reasonably indisputable accuracy. (Cal. Evid. Code 452(h).) 25 Judicial notice under Evidence Code § 452, is intended to cover facts that are not reasonably 26 subject to dispute and are easily verified. (Gould v. Maryland Sound Industries, Inc., (1995, Cal 27 App 2d Dist.) 31 Cal App 4th 1137.). The conditions for considering the attached document are 28 1 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE AND/OR TAX MEMORANDUM OF COSTS 1 met here. There is no question concerning the exhibits above, and the exhibits above are capable 2 of immediate and accurate determination by a reliable source. Judicial notice is appropriate for 3 each exhibit because the documents are true and correct copies of official court filings. Thus, the 4 authenticity of the documents are “not subject to reasonable dispute” and “can be accurately and 5 readily determined from sources whose accuracy cannot reasonably be questioned.” (Cal. Evid. 6 Code § 452.) Therefore, Plaintiff respectfully requests that the Court take judicial notice of the 7 above documents in considering Eduardo Paniagua’s Motion to Strike and/or Tax Costs. 8 9 DATED: April 19, 2024 Respectfully Submitted, 10 SHAPERO LAW FIRM, PC 11 12 By: /s/ Jessica Galletta 13 Sarah Shapero, Esq. Jessica Galletta, Esq. 14 Eduardo Paniagua 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE AND/OR TAX MEMORANDUM OF COSTS 1 DECLARATION OF JESSICA GALLETTA IN SUPPORT OF REQUEST FOR JUDICIAL NOTICE 2 1. I am an associate of Shapero Law Firm, counsel for Plaintiff in this action. I have 3 personal knowledge of the following facts and if called upon as a witness, I could and would 4 competently testify as to the veracity of the matters stated herein. 5 2. Attached hereto as Exhibit, “A” is a true and correct copy of the Memorandum of Costs, 6 filed April 14, 2023 in Case CGC-18-571279 of the Superior Court of the State of California – 7 County of San Francisco. 8 3. Attached hereto as Exhibit, “B” is a true and correct copy of the DEFENDANTS’ 9 NOTICE OF RULING ON PLAINTIFF ELENA ASTURIAS’ MOTION TO STRIKE AND/OR 10 TAX MEMORANDUM OF COSTS filed on June 2, 2023 in Case CGC-18-571279 of the 11 Superior Court of the State of California – County of San Francisco. 12 4. Attached hereto as Exhibit, “C” is a true and correct copy of the Judgment filed on March 13 22, 2024 2023 in Case CGC-18-571279 of the Superior Court of the State of California – County 14 of San Francisco. 15 5. Attached hereto as Exhibit, “D” is a true and correct copy of the Memorandum of Costs, 16 filed April 2, 2024 in Case CGC-18-571279 of the Superior Court of the State of California – 17 County of San Francisco. 18 6. Attached hereto as Exhibit, “E” is a true and correct copy of the Cross-Complaint filed 19 June 4, 2021 in Case CGC-18-571279 of the Superior Court of the State of California – County of 20 San Francisco 21 I declare under penalty of perjury of the laws of the United States that the foregoing is true 22 and correct. Executed this day April 19, 2024 in Charlotte, North Carolina. 23 24 /s/ Jessica Galletta Jessica Galletta 25 26 27 28 3 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE AND/OR TAX MEMORANDUM OF COSTS A EXHIBIT “__” MC-010 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY NAME: Vincent J. Davitt, Esq. SBN 130649 FIRM NAME: Meylan Davitt Jain Arevian & Kim LLP STREET ADDRESS: 444 South Flower Street, Suite 1850 CITY: Los Angeles STATE: CA ZIP CODE: 90071 TELEPHONE NO.: (213) 225-6000 FAX NO.: (213) 225-6660 ELECTRONICALLY E-MAIL ADDRESS: vdavitt@mdjalaw.com FILED ATTORNEY FOR (name): Defts. and Cross-Complainants Milestone Financial, LLC, et al. Superior Court of California, County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 McAllister St. 04/14/2023 MAILING ADDRESS: 400 McAllister St. Clerk of the Court BY: RONNIE OTERO CITY AND ZIP CODE: San Francisco, CA 94102 Deputy Clerk BRANCH NAME: Central PLAINTIFF: Eduardo Paniagua and Elena Asturias DEFENDANT: Milestone Financial, LLC et al. CASE NUMBER: MEMORANDUM OF COSTS (SUMMARY) CGC-18-571279 The following costs are requested: TOTALS 1. Filing and motion fees $ 2,045.00 2. Jury fees $ 3. Jury food and lodging $ 4. Deposition costs $ 6,090.42 5. Service of process $ 1,383.16 6. Attachment expenses $ 7. Surety bond premiums $ 8. Witness fees $ 9. Court-ordered transcripts $ 10. Attorney fees (enter here if contractual or statutory fees are fixed without necessity of a court $ determination; otherwise a noticed motion is required) 11. Court reporter fees as established by statute $ 12. Models, enlargements, and photocopies of exhibits $ 13. Interpreter fees $ 632.50 14. Fees for electronic filing or service $ 612.89 15. Fees for hosting electronic documents $ 16. Other $ 282.00 TOTAL COSTS $ 11,045.97 I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. Date: April 14, 2023 Vincent J. Davitt, Esq. (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) (Proof of service on reverse) Page 1 of 2 Form Approved for Optional Use Code of Civil Procedure, Judicial Council of California MC-010 MEMORANDUM OF COSTS (SUMMARY) §§ 1032, 1033.5 [Rev. September 1, 2017] MC-010 SHORT TITLE CASE NUMBER: Paniagua v. Milestone Financial, LLC, et al. CGC-18-571279 PROOF OF MAILING PERSONAL DELIVERY 1. At the time of mailing or personal delivery, I was at least 18 years of age and not a party to this legal action. 2. My residence or business address is (specify): 3. I mailed or personally delivered a copy of the Memorandum of Costs (Summary) as follows (complete either a or b): a. Mail. I am a resident of or employed in the county where the mailing occurred. (1) I enclosed a copy in an envelope AND (a) deposited the sealed envelope with the United States Postal Service with the postage fully prepaid. (b) placed the envelope for collection and mailing on the date and at the place shown in items below following our ordinary business practices. I am readily familiar with this business' practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. (2) The envelope was addressed and mailed as follows: (a) Name of person served: (b) Address on envelope: (c) Date of mailing: (d) Place of mailing (city and state): b. Personal delivery. I personally delivered a copy as follows: (1) Name of person served: (2) Address where delivered: (3) Date delivered: (4) Time delivered: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Page 2 of 2 MC-010 [Rev.September 1, 2017] MEMORANDUM OF COSTS (SUMMARY) MC-011 SHORT TITLE CASE NUMBER: Paniagua et al. v. Milestone et al. CGC-18-571279 MEMORANDUM OF COSTS (WORKSHEET) 1. Filing and motion fees Paper filed Filing fee a. 12/18/18 5 first appearance fees $ 1087.50 b. 12/18/18 Motion to compel arbitration $ 30.00 c. 5/15/19 Appellate Brief Filing Fee $ 387.50 d. 7/29/22 Ex Parte to Continue Trial $ 30.00 e. 8/5/22 Stipulation to Continue Trial $ 10.00 f. 11/16/22 Motions for Summary Judgment (2) $ 500.00 g. Information about additional filing and motion fees is contained in Attachment 1g. TOTAL 1. $ 2,045.00 2. Jury fees Date Fee & mileage a. $ b. $ c. $ d. $ e. Information about additional jury fees is contained in Attachment 2e. TOTAL 2. $ 3. Juror food: $ and lodging: $ TOTAL 3. $ 4. Deposition costs Name of deponent Taking Transcribing Travel Videotaping Subtotals a. Marc Fournier, 7/28/22 $ 1,237.60 $ $ $ $ 618.80 b. William R. Stuart, 8/31.22 $ 1,126.90 $ $ $ $ 563.45 c. Eduardo Paniagua, 7/15/22 $ 520.00 $ $ $ $ 260.00 d. Eduardo Paniagua, 7/20/22 $ 520.00 $ $ $ $ 260.00 e. Information about additional deposition costs is contained in Attachment 4e. TOTAL 4. $ 6,090.42 (Continued on reverse) Page 3 of 10 Form Approved for Optional Use Code of Civil Procedure, Judicial Council of California MC-011 MEMORANDUM OF COSTS (WORKSHEET) §§ 1032, 1033.5 [Rev. September 1, 2017] MC-011 SHORT TITLE CASE NUMBER: Paniagua et al. v. Milestone et al. CGC-18-571279 5. Service of process Registered Name of person served Public officer process Publication Other (specify) a. 6/1/21 (See Attachment 5d) $ $ 625.00 $ $ b. 7/7/22 MJD Funding $ $ 21.13 $ $ c. 7/7/22 Old Republic $ $ 105.90 $ $ d. Information about additional costs for service of process is contained in Attachment 5d. TOTAL 5. $ 1,383.16 6. Attachment expenses (specify): 6. $ 7. Surety bond premiums (itemize bonds and amounts): 7. $ 8. a. Ordinary witness fees Name of witness Daily fee Mileage Total (1) days at $/day miles at ¢/mile: $ (2) days at $/day miles at ¢/mile: $ (3) days at $/day miles at ¢/mile: $ (4) days at $/day miles at ¢/mile: $ (5) days at $/day miles at ¢/mile: $ (6) Information about additional ordinary witness fees is contained in Attachment 8a(6). SUBTOTAL 8a. $ (Continued on next page) MC-011 [Rev. September 1, 2017] MEMORANDUM OF COSTS (WORKSHEET) Page 4 of 10 MC-011 SHORT TITLE CASE NUMBER: Paniagua et al. v. Milestone et al. CGC-18-571279 8. b. Expert fees (per Code of Civil Procedure section 998) Name of witness Fee (1) hours at $ /hr $ (2) hours at $ /hr $ (3) hours at $ /hr $ (4) hours at $ /hr $ (5) Information about additional expert fees is contained in Attachment 8b(5). SUBTOTAL 8b. $ c. Court-ordered expert fees Name of witness Fee (1) hours at $ /hr $ (2) hours at $ /hr $ (3) Information about additional court-ordered expert fees is contained in Attachment 8c(3). SUBTOTAL 8c. $ TOTAL (8a, 8b, & 8c) 8. $ 9. Court-ordered transcripts (specify): 9. $ 10. Attorney fees (enter here if contractual or statutory fees are fixed without necessity of a court 10. $ per motion determination; otherwise a noticed motion is required): Defendants will be filing a separate motion for attorneys' fees. 11. Models, enlargements, and photocopies of exhibits (specify): 11. $ 12. Court reporter fees (as established by statute) a. (Name of reporter): Fees: $ b. (Name of reporter): Fees: $ TOTAL 12. $ c. Information about additional court-reporter fees is contained in Attachment 12c. 13. Interpreter fees a. Fees of a certified or registered interpreter for the deposition of a party or witness (Name of interpreter): Marcella Castanedal, 8/23/22 Fees: $ 357.50 (Name of interpreter): Ruth Nuno, 9/6/22 Fees: $ 285.00 b. Fees for a qualified court interpreter authorized by the court for an indigent person represented by a qualified legal services project or a pro bono attorney (Name of interpreter): Fees: $ (Name of interpreter): Fees: $ TOTAL 13. $ 632.50 c. Information about additional court-reporter fees is contained in Attachment 13c. 14. Fees for electronic filing or service of documents through an electronic filing service provider (enter here if required or ordered by the court): 14. $ 612.89 15. Fees for hosting electronic documents through an electronic filing service provider (enter here if required or ordered by the court): 15. $ 16. Other (specify): Courtcalls 16. $ 282.00 TOTAL COSTS $ (Additional information may be supplied on the reverse) MC-011 [Rev. September 1, 2017] MEMORANDUM OF COSTS (WORKSHEET) Page 5 of 10 MC-011 SHORT TITLE CASE NUMBER: Paniagua et al. v. Milestone et al. CGC-18-571279 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 MC-011 [Rev. September 1, 2017] MEMORANDUM OF COSTS (WORKSHEET) Page 6 of 10 Paniagua v. Milestone Financial, LLC, et al. CGC-18-571279 1g Defendants seek 50% of their total costs incurred in this action as to this category of costs. There are two Plaintiffs in this action. Plaintiff Asturias’ dismissal of all her claims constitutes a dismissal of 50% of the claims asserted in this action. Therefore, Defendants seek 50% of their costs in response to Asturias’ dismissal 7 10 Paniagua v. Milestone Financial, LLC, et al. CGC-18-571279 4e Deposition Costs (cont.)* E. Paniagua (Vol 1) $1,035.08 E. Paniagua (Vol 2) $1,153.53 Elena Asturias $1,260.78 Carlota Del Portillo $581.10 Zoe Hamilton $357.68 *Defendants seek 50% of their total costs incurred in this action as to this category of costs. There are two Plaintiffs in this action. Plaintiff Asturias’ dismissal of all her claims constitutes a dismissal of 50% of the claims asserted in this action. Therefore, Defendants seek 50% of their costs in response to Asturias’ dismissal 8 10 Paniagua v. Milestone Financial, LLC, et al. CGC-18-571279 5d Service of Process ** 7/7/22 M. Fournier $63.02 8/3/22 East West Bank $50.47 8/3/22 Conventus Holdings $61.76 8/18/22 Old Republic $77.41 8/18/22 Conventus Holdings $93.94 8/18/22 East West Bank $50.47 8/29/22 C. del Portillo $79.06 8/29/22 C. Echevarria $77.31 9/22/22 C. del Portillo $77.69 *Parties served on 6/1/21: Malgesini 401 Plan; Debra Resnik; Yosemite Capital LLC; Nina Geneson, Trustee; James Nunemacher; and Jennifer Smorgon **Defendants seek 50% of their total costs incurred in this action as to this category of costs. There are two Plaintiffs in this action. Plaintiff Asturias’ dismissal of all her claims constitutes a dismissal of 50% of the claims asserted in this action. Therefore, Defendants seek 50% of their costs in response to Asturias’ dismissal.” 10 10 1 PROOF OF SERVICE 2 I, RONI M. IWATA, declare: 3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to this action. My business address, telephone number and email address are 444 South 4 Flower Street, Suite 1850, Los Angeles, California 90071, (213) 225-6000, riwata@mdjalaw.com. 5 On April 14, 2023, I served the document(s) described as MEMORANDUM OF COSTS 6 (SUMMARY) [INCLUDES MEMORANDUM OF COSTS WORKSHEET) on the interested parties in this action: 7 Sarah Shapero, Esq. Harris Cohen, Esq. 8 Stephanie Silverman Warden, Esq. HARRIS L. COHEN, A PROF. CORP. SHAPERO LAW FIRM 5305 Andasol Avenue 9 100 Pine Street, Suite 530 Encino, CA 91316 10 San Francisco, CA 94111 Email: hcohen00@aol.com Email: sarah@shaperolawfirm.com Co-Counsel for Defendants/Cross-Complainants 11 Email: stephanie@shaperolawfirm.com Milestone Financial, LLC; Bear Bruin Ventures, Attorneys for Plaintiffs Inc.; William R. Stuart; Carolyn Stuart; and Zoe 12 Eduardo Paniagua and Elena Asturias Hamilton 13 Elkanah J. Burns, Esq. 14 LAW OFFICES OF ELKANAH J. BURNS 847 N. Hollywood Way, Suite 201 15 Burbank, CA 91505 Email: elkanah@convergenz.com 16 Co-Counsel for Defendants/Cross-Complainants Milestone Financial, LLC; Bear Bruin Ventures, 17 Inc.; William R. Stuart; Carolyn Stuart; and Zoe 18 Hamilton 19 BY E-MAIL/ELECTRONIC TRANSMISSION: Based on the California Rules of Court, a 20 court order, and/or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the document(s) to be transmitted to an electronic filing service provider or to the persons at the 21 email addresses listed on the within service list. I did not receive within a reasonable time after the 22 transmission, any electronic message or other indication that the transmission was unsuccessful. 23 [State] I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 24 Executed on April 14, 2023, at Los Angeles, California. 25 26 27 RONI M. IWATA 28 10 B EXHIBIT “__” 1 MEYLAN DAVITT JAIN AREVIAN & KIM LLP VINCENT J. DAVITT, ESQ. (State Bar No. 130649) 2 ANITA JAIN, ESQ. (State Bar No. 192961) ELECTRONICALLY 3 444 South Flower Street, Suite 1850 FILED Los Angeles, California 90071 Superior Court of California, County of San Francisco 4 Telephone: (213) 225-6000 / Fax: (213) 225-6660 Email: vdavitt@mdjalaw.com 06/02/2023 Clerk of the Court 5 Email: ajain@mdjalaw.com BY: RONNIE OTERO Deputy Clerk 6 HARRIS L. COHEN, A PROF. CORP. HARRIS L. COHEN, ESQ. (State Bar No. 119600) 7 5305 Andasol Avenue 8 Encino, California 91316 Telephone: (818) 905-5599 / Fax: (818) 905-5660 9 Email: hcohen00@aol.com 10 Attorneys for Defendants and Cross-Complainants Milestone Financial, LLC; Bear Bruin Ventures, Inc.; 11 William R. Stuart; Carolyn Stuart; and Zoe Hamilton 12 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 FOR THE COUNTY OF SAN FRANCISCO 15 Eduardo Paniagua and Elena Asturias, CASE NO. CGC-18-571279 individuals, 16 DEFENDANTS’ NOTICE OF RULING Plaintiffs, vs. ON PLAINTIFF ELENA ASTURIAS’ 17 MOTION TO STRIKE AND/OR TAX 18 Milestone Financial, LLC, a California MEMORANDUM OF COSTS corporation, Bear Bruin Ventures, Inc. a 19 California Corporation, William R. Stuart, an individual, Carolyn Stuart, an individual, Zoe 20 Hamilton, an individual, and DOES 1-100, Date: May 30, 2023 inclusive, Time: 9:00 a.m. 21 Defendants. Dept: 501 22 23 Milestone Financial, LLC, a California Limited Action filed: November 13, 2018 Liability Company, Bear Bruin Ventures, Inc., 24 William Stuart, Carolyn Stuart and Zoe Hamilton, Cross-Complainants, 25 v. 26 Eduardo Paniagua and Roes 1-100, 27 Cross-Defendants. 28 1 DEFENDANTS’ NOTICE OF RULING ON PLAINTIFF ASTURIAS’ MOTION TO STRIKE AND/OR TAX COSTS 1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: 2 PLEASE TAKE NOTICE that, on May 30, 2023, the Court denied Elena Asturias’ 3 (“Asturias”) Motion to Strike and/or Tax Memorandum of Costs. A copy of the case docket 4 reflecting the denial of the motion is attached hereto as Exhibit A. Accordingly, pursuant to their 5 Memorandum of Costs, Defendants Milestone Financial, LLC; Bear Bruin Ventures, Inc.; William R. 6 Stuart; and Zoë Hamilton are entitled to the recovery of their costs from Asturias in the sum of 7 $11,045.97. 8 9 DATED: June 2, 2023 MEYLAN DAVITT JAIN AREVIAN & KIM LLP 10 11 12 By: Vincent J. Davitt 13 Anita Jain 14 Attorneys Defendants and Cross-Complainants Milestone Financial, LLC; Bear Bruin Ventures, Inc.; 15 William R. Stuart; Carolyn Stuart; and Zoe Hamilton 16 17 18 19 20 21 22 23 24 25 26 27 28 2 DEFENDANTS’ NOTICE OF RULING ON PLAINTIFF ASTURIAS’ MOTION TO STRIKE AND/OR TAX COSTS EXHIBIT A 3 6/2/23, 7:33 AM Case Information Date Proceedings Document Fee 2023-05-30 MOTION IN LIMINE NO. 2: TO EXCLUDE EVIDENCE NOT PRODUCED DURING DISCOVERY (TRANSACTION ID # View 100201542) FILED BY PLAINTIFF PANIAGUA, EDUARDO INDIVIDUALS ASTURIAS, ELENA INDIVIDUALS 2023-05-30 DECLARATION OF SARAH SHAPERO IN SUPPORT OF MOTION IN LIMINE NO. 1 (TRANSACTION ID # 100201542) View FILED BY PLAINTIFF PANIAGUA, EDUARDO INDIVIDUALS ASTURIAS, ELENA INDIVIDUALS 2023-05-30 MOTION IN LIMINE NO. 1: TO EXCLUDE UNDISCLOSED EXPERT WITNESS TESTIMONY AND REPORTS View (TRANSACTION ID # 100201542) FILED BY PLAINTIFF PANIAGUA, EDUARDO INDIVIDUALS ASTURIAS, ELENA INDIVIDUALS 2023-05-30 REAL PROPERTY/HOUSING MOTION 501, NOTICE OF MOTION AND MOTION TO STRIKE AND/OR TAX MEMORANDUM OF COSTS IS DENIED. JUDGE: CHARLES F. HAINES; CLERK: L. TAUALA ; NOT REPORTED. (D501) 2023-05-30 MINI MINUTES FOR MAY-30-2023 09:30 AM FOR DEPT 501 2023-05-26 NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED (TRANSACTION ID # 100201330) FILED BY DEFENDANT View MILESTONE FINANCIAL, LLC A CALIFORNIA CORPORATION BEAR BRUIN VENTURES, INC. A CALIFORNIA CORPORATION STUART, WILLIAM R. AN INDIVIDUAL STUART, CAROLYN T. AN INDIVIDUAL HAMILTON, ZOE AN INDIVIDUAL 2023-05-22 PROOF OF SERVICE BY ELECTRONIC MAIL (TRANSACTION ID # 100200753) FILED BY PLAINTIFF PANIAGUA, View EDUARDO INDIVIDUALS ASTURIAS, ELENA INDIVIDUALS 2023-05-22 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STRIKE AND/OR TAX MEMORANDUM View OF COSTS (TRANSACTION ID # 100200753) FILED BY PLAINTIFF ASTURIAS, ELENA INDIVIDUALS 2023-05-19 ORDER GRANTING DEFENDANTS' MOTION FOR ATTORNEYS' FEES AGAINST ELENA ASTURIA View 2023-05-16 PROOF OF SERVICE BY ELECTRONIC MAIL (TRANSACTION ID # 100200165) FILED BY PLAINTIFF PANIAGUA, View EDUARDO INDIVIDUALS ASTURIAS, ELENA INDIVIDUALS 2023-05-16 PLAINTIFFS OBJECTIONS TO DEFENDANTS PROPOSED JUDGMENT AGAINST ELENA ASTURIAS FOR View ATTORNEYS FEES AND COSTS (TRANSACTION ID # 100200165) FILED BY PLAINTIFF PANIAGUA, EDUARDO INDIVIDUALS ASTURIAS, ELENA INDIVIDUALS 2023-05-16 DECLARATION OF VINCENT J. DAVITT IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFF ELENA View ASTURIAS MOTION TO STRIKE AND/OR TAX MEMORANDUM OF COSTS (TRANSACTION ID # 100200158) FILED BY DEFENDANT MILESTONE FINANCIAL, LLC A CALIFORNIA CORPORATION BEAR BRUIN VENTURES, INC. A CALIFORNIA CORPORATION STUART, WILLIAM R. AN INDIVIDUAL STUART, CAROLYN T. AN INDIVIDUAL HAMILTON, ZOE AN INDIVIDUAL 2023-05-16 OPPOSITION TO PLAINTIFF ELENA ASTURIAS MOTION TO STRIKE AND/OR TAX MEMORANDUM OF COSTS View (TRANSACTION ID # 100200158) FILED BY DEFENDANT MILESTONE FINANCIAL, LLC A CALIFORNIA CORPORATION BEAR BRUIN VENTURES, INC. A CALIFORNIA CORPORATION STUART, WILLIAM R. AN INDIVIDUAL STUART, CAROLYN T. AN INDIVIDUAL HAMILTON, ZOE AN INDIVIDUAL 2023-05-15 DEFENDANTS MILESTONE FINANCIAL, LLC; BEAR BRUIN VENTURES, INC.; WILLIAM R. STUART; CAROLYN View $60.00 STUART; AND ZOE HAMILTONS BRIEF RE ENTRY OF SEPARATE JUDGMENT AFTER DISMISSAL OF ACTION BY ELENA ASTURIAS (TRANSACTION ID # 100200002) FILED BY DEFENDANT MILESTONE FINANCIAL, LLC A CALIFORNIA CORPORATION BEAR BRUIN VENTURES, INC. A CALIFORNIA CORPORATION STUART, WILLIAM R. AN INDIVIDUAL STUART, CAROLYN T. AN INDIVIDUAL HAMILTON, ZOE AN INDIVIDUAL 2023-05-11 DECLARATION OF COUNSEL RE [PROPOSED] ORDER GRANTING DEFENDANTS MOTION FOR ATTORNEYS FEES View AGAINST ELENA ASTURIAS (TRANSACTION ID # 100199651) FILED BY DEFENDANT MILESTONE FINANCIAL, LLC A CALIFORNIA CORPORATION 2023-05-11 [PROPOSED] ORDER GRANTING DEFENDANTS MOTION FOR ATTORNEYS FEES AGAINST ELENA ASTURIAS View (COVER SHEET) (TRANSACTION ID # 100199630) FILED BY DEFENDANT MILESTONE FINANCIAL, LLC A CALIFORNIA CORPORATION 2023-05-03 REAL PROPERTY/HOUSING MOTION 501, DEFENDANTS' MOTION FOR ATTORNEY FEES AND EXPENSES IS GRANTED AS TO THE FRAUD AND NEGLIGENT MISREPRESENTATION CLAIMS, IN THE AMOUNT OF $107,060.50. FRAUD AND NEGLIGENT MISREPRESENTATION REPRESENT TWO OF THE FOUR CAUSES OF ACTION WHICH ACCRUED SIGNIFICANT ATTORNEY'S FEES (ALONG WITH THE ACTIONS FOR UNFAIR COMPETITION AND USURY). AS SUCH, THE REQUESTED ATTORNEY'S FEES ARE REDUCED BY HALF. THE CAUSES OF ACTION FOR UNFAIR COMPETITION, USURY, RESCISSION, AND DECLARATORY RELIEF WERE "ON A CONTRACT" PURSUANT TO CCP SECTION 1717, AND THEREFORE ATTORNEY'S FEES ARE NOT RECOVERABLE. PREVAILING PARTY TO PREPARE ORDER IN COMPLIANCE WITH CRC 3.1312(B). JUDGE: CHARLES F. HAINES; CLERK: KENNETH B. HUNT; NOT REPORTED. (D501) 2023-05-03 MINI MINUTES FOR MAY-03-2023 09:30 AM FOR DEPT 501 2023-05-02 PROOF OF SERVICE BY ELECTRONIC MAIL (TRANSACTION ID # 100198636) FILED BY PLAINTIFF ASTURIAS, View ELENA INDIVIDUALS 4 https://webapps.sftc.org/ci/CaseInfo.dll?CaseNum=CGC18571279&SessionID=9163F3442C887B2BF14D6B0FBADFD45C4590488C 2/10 1 PROOF OF SERVICE 2 I, RONI M. IWATA, declare: 3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to this action. My business address, telephone number and email address are 444 South 4 Flower Street, Suite 1850, Los Angeles, California 90071, (213) 225-6000, riwata@mdjalaw.com. 5 On June 2, 2023, I served the document(s) described as DEFENDANTS’ NOTICE OF RULING ON PLAINTIFF ELENA ASTURIAS’ MOTION TO STRIKE AND/OR TAX 6 MEMORANDUM OF COSTS on the interested parties in this action: 7 Sarah Shapero, Esq. Harris Cohen, Esq. Stephanie Silverman Warden, Esq. HARRIS L. COHEN, A PROF. CORP. 8 SHAPERO LAW FIRM 5305 Andasol Avenue 100 Pine Street, Suite 530 Encino, CA 91316 9 San Francisco, CA 94111 Email: hcohen00@aol.com 10 Email: sarah@shaperolawfirm.com Co-Counsel for Defendants/Cross-Complainants Email: stephanie@shaperolawfirm.com Milestone Financial, LLC; Bear Bruin Ventures, 11 Attorneys for Plaintiffs Inc.; William R. Stuart; Carolyn Stuart; and Zoe Eduardo Paniagua and Elena Asturias Hamilton 12 Elkanah J. Burns, Esq. 13 LAW OFFICES OF ELKANAH J. BURNS 14 847 N. Hollywood Way, Suite 201 Burbank, CA 91505 15 Email: elkanah@convergenz.com Co-Counsel for Defendants/Cross-Complainants 16 Milestone Financial, LLC; Bear Bruin Ventures, Inc.; William R. Stuart; Carolyn Stuart; and Zoe 17 Hamilton 18 19 BY E-MAIL/ELECTRONIC TRANSMISSION: Based on the California Rules of Court, a court order, and/or an agreement of the parties to accept service by e-mail or electronic transmission, I 20 caused the document(s) to be transmitted to an electronic filing service provider or to the persons at the email addresses listed on the within service list. I did not receive within a reasonable time after the 21 transmission, any electronic message or other indication that the transmission was unsuccessful. 22 [State] I declare under penalty of perjury under the laws of the State of California that 23 the above is true and correct. 24 Executed on June 2, 2023, at Los Angeles, California. 25 26 27 RONI M. IWATA 28 5 DEFENDANTS’ NOTICE OF RULING ON PLAINTIFF ASTURIAS’ MOTION TO STRIKE AND/OR TAX COSTS C EXHIBIT “__” D EXHIBIT “__” 130649 Vincent J. Davitt MEYLAN DAVITT JAIN AREVIAN & KIM LLP 444 South Flower Street, Suite 1850 Los Angeles CA 90071 (213) 225-6000 (213) 225-6660 ELECTRONICALLY vdavitt@mdjalaw.com FILED Defendants Milestone Financial, LLC, et al. Superior Court of California, County of San Francisco SAN FRANCISCO 400 McAllister Street 04/02/2024 400 McAllister Street Clerk of the Court San Francisco, 94102-4515 BY: RONNIE OTERO Deputy Clerk Civic Center Courthouse Eduardo Paniagua Milestone Financial, LLC, et al. CGC-18-571279 3,416.00 10,888.94 2,215.07 6,571.06 1,028.00 1,647.55 508.80 26,275.42 April 1, 2024 Vincent J. Davitt Paniagua v. Milestone Financial, LLC, et al. CGC-18-571279 x SEE ATTACHED PROOF OF SERVICE 444 South Flower Street, Suite 1850, Los Angeles, CA 90071 Paniagua v. Milestone Financial, LLC, et al. CGC-18