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  • DAN M KHORGE VS JIM J KHORGE ETAL(26) Unlimited Other Real Property document preview
  • DAN M KHORGE VS JIM J KHORGE ETAL(26) Unlimited Other Real Property document preview
  • DAN M KHORGE VS JIM J KHORGE ETAL(26) Unlimited Other Real Property document preview
  • DAN M KHORGE VS JIM J KHORGE ETAL(26) Unlimited Other Real Property document preview
  • DAN M KHORGE VS JIM J KHORGE ETAL(26) Unlimited Other Real Property document preview
  • DAN M KHORGE VS JIM J KHORGE ETAL(26) Unlimited Other Real Property document preview
  • DAN M KHORGE VS JIM J KHORGE ETAL(26) Unlimited Other Real Property document preview
  • DAN M KHORGE VS JIM J KHORGE ETAL(26) Unlimited Other Real Property document preview
						
                                

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1 LAWRENCE D. MILLER, SBN 77448 LAW OFFICE OF LAWRENCE D. MILLER 2 Post Office Box 6107 San Mateo, CA 94403 3 Telephone: (650) 592-9151 4 Email: lmiller@ldmlawyer.com 5 Attorney for Plaintiff, Dan M. Khorge and Cross-defendant, Audette Bennett. 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN MATEO 10 UNLIMITED JURISDICTION 11 DAN M. KHORGE, individually and as Trustee of Case No. CIV 520651 12 the DAN KHORGE TRUST DATED MAY 4, 1995, PLAINTIFF, DAN KHORGE’S, AND 13 CROSS-DEFENDANTS, DAN KHORGE 14 Plaintiff, AND AUDETTE BENNETTS,’ SUPPLEMENTAL STATUS REPORT 15 vs. CMC Date: 6/18/2024 16 JIM J. KHORGE, individually and as Trustee of Time: 2:00 P.m. the KHORGE REVOCABLE LIVING TRUST Courtroom I 17 DATED MAY 21, 2008, JASINTA KHORGE, Judge: Hon. Nicole S. Healy individually and as Trustee of the KHORGE 18 REVOCABLE LIVING TRUST DATED MAY Complaint Filed: March 20, 2013 21, 2008 and Does 1 through 20, inclusive, Trial date: Not Set 19 20 Defendants. ___________________________________ 21 AND RELATED CROSS COMPLAINT 22 23 Dan Khorge (hereafter “Dan”) and Cross-defendant, Audette Bennett, submit the 24 following Supplemental Status Report. 25 A Proposed Judgment in conformity with the Court’s order issued June 5, 2024, has been 26 approved by counsel and submitted for filing with the Court. A copy of the Proposed Judgment 27 is marked Exhibit 1 for the Court’s convenience. 28 29 1 ______________________________________________ 30 Plaintiff’s and Cross-Defendants’ Case Supplemental Status Report [12265] 1 Plaintiff and Cross-defendant, Dan Khorge, and Cross-defendant Audette Bennett do not 2 anticipate further pre-judgment proceedings. Anticipated post-judgment proceedings include the 3 Receiver procuring a 2024 tax return, a hearing before the Court to resolve disbursement of the 4 funds held by the Receiver and discharge of the Receiver, and post-judgment motions for new 5 trial. 6 Dated: June 14, 2024 Respectfully submitted, 7 8 /s/ Lawrence D. Miller LAWRENCE D. MILLER 9 Attorney for Plaintiff 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 2 ______________________________________________ 30 Plaintiff’s and Cross-Defendants’ Case Supplemental Status Report [12265] EXHIBIT 1 EFS-020 ATTORNEY 9pARTy WITHOUT ATTORNEY STATE BAR NO 077448 OR COURT USE ONLY NAME Lawrence D. Miller FIRM NAME Law Office of Lawrence D. Miller srReer ADORE9s. P,0, Box 6107 CITY San Mateo SATE. CA 2 CODE. 94403 me8NONE NO. (650) 592-9151 #ANO et Aooness Imiller@ldmlawyer.com ATTORNEY FOR (e DAN M. KHORGE, Plaintiff and Cross-defendants, Dan Khorge and Audette Bennett SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO 8TR£T ADDRESS 400 County Center At.ING ADDRESS CITY AND ZI CODE Redwood City 94063 BRANCH NAME CASE NUBER PLAINTIFF/PETITIONER. DAN M. KHORGE etc. CIV 520651 DEFENDANT/RESPONDENT: JIM J KHORGE etc., JUDICIAL OFFICER OTHER. JASINTA KHORGE et Nicole S. Healy 0pr PROPOSED ORDER (COVER SHEET) 28 NOTE This cover sheet is to be used to electronically file and submit to the court a proposed order The proposed order sent electronically to the court must be in ppr format and must be attached to this cover sheet. In addition, a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed order in PDF format are filed Name of the party submitting the proposed order. DAN KHORGE and AUDETTE BENNETT 2. Te of the proposed order, JUDGMENT AFTER TRIAL BY REFEREE AND SUMMARY ADJUDICATION 3 The proceeding to which the proposed order relates is a. Description of proceeding: Hearing before Referee, Martin Eisenberg b. Date and time October 11, 2012 c. Place: Law Office of Tom Fier, 675 Mariners Island Blvd, Ste 106, San Mateo, CA 94404-1040 4, The proposed order was served on the other parties in the case. Lawrence D. Miller (TYPE OR PRINT NAME ► (SIGNATURE OF PARTY OR ATTORNEY) Form Aopt or May lM PROPOSED ORDER (COVER SHEET) Judicial Council 0Calif0ni er$020 [Rew. February 1, 2017 (Electronic Filing) www.0out0.g0 LexisNeads Automated California Judicial Council Forms EFS-020 CASE NAME: CASE NUMBER KHORGE vs. KHORGE CIV 520651 PROOF OF ELECTRONIC SERVICE PROPOSED ORDER lam at least 18 years old and not a party to this action. a. My residence or business address is (specify): P.O. Box 6107 San Mateo, CA 94403 b. My electronic service address is (specify) miller@ldmlawyer.com 2.electronically served the Proposed Order (Cover Sheet) with a proposed order in ppr format attached, and a proposed order in an editable word-processing format as follows a, On (name of person served) (If the person served is an attorney, the party or parties represented should also be stated.): John T. Schreiber on behalf of Jim Khorge and Jasinta Khorge b. To (electronic service address of person served): jschreiber@schreiberappeals.com c. On (date). June 14, 2024 Lx] Electronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the proposed order in an editable word-processing format on additional persons are described in an attachment declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: June 14, 2024 LAWRENCE D. MILLER ► (SIGNATURE OF DECLARANT er$-020 [e. February1, 2017] PROPOSED ORDER (COVER SHEET) (Electronic Filing) LexisNexis8Automated California Judicial Council Forms Attachment Attachment 1 Name: Jeffrey R. Windsor on behalf of Martin Eisenberg Electronic Service Address: jeff@windsor-plc.com Date: June 14, 2024 1 LAWRENCE D. MILLER, SBN 77448 LAW OFFICE OF LAWRENCE D. MILLER 2 Post Office Box 6107 San Mateo, CA 94403 3 Telephone: (650) 592-9151 4 Attorney for Plaintiff, Dan M. Khorge and Cross-defendants, Dan Khorge and Audette Bennett 5 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN MATEO 10 UNLIMITED JURISDICTION 11 DAN M. KHORGE, individually and as Trustee of Case No. CIV 520651 the DAN KHORGE TRUST DATED MAY 4, CIV 533741 (Formerly 12 1995, Consolidated) 13 Plaintiff, [PROPOSED] JUDGMENT AFTER 14 TRIAL BY REFEREE AND SUMMARY vs. ADJUDICATION 15 JIM J. KHORGE, individually and as Trustee of Judge: Hon. Nicole S. Healy 16 the KHORGE REVOCABLE LIVING TRUST Complaint Filed: March 20, 2013 DATED MAY 21, 2008, JASINTA KHORGE, 17 individually and as Trustee of the KHORGE REVOCABLE LIVING TRUST DATED MAY 18 21, 2008 and Does 1 through 20, inclusive, 19 Defendants. 20 _________________________________________ 21 AND RELATED CROSS COMPLAINT 22 23 This action, pursuant to Code of Civil Procedure, § 638, a consensual general reference, 24 came on regularly for hearing on October 11, 12, November 7, 8, and 14, 2017, Martin 25 Eisenberg, Referee presiding. Lawrence D. Miller appeared as attorney for Plaintiff, Dan 26 Khorge; Tom Fier appeared as attorney for Defendants and Cross-complainants, Jim Khorge and 27 Jasinta Khorge, in the above-entitled action; A jury trial having been waived, the Referee having 28 1 29 _________________________________________ JUDGMENT 30 31 1 heard the testimony and considered the evidence, having issued the Referee’s Award which 2 Award stands as the Statement of Decision (Code of Civil Procedure, § 644, Central Valley 3 General Hospital v. Smith (2008) 162 Cal.App.4th 501, 513); 4 The Court now orders the following judgment: 5 IT IS ORDERED, ADJUDGED AND DECREED that Plaintiff, Dan Khorge, have and 6 recover from Defendant, Jim Khorge, the sums of: 7 Principal: 8 The Forensic Accounting Analyses1 $184,254 9 Funds Received by Dan Khorge ($26,000) 10 Sums Paid to Jacinta Khorge2 $76,500 11 Sum Reported Paid to Javier $48,000 12 Total Principal $282,754 13 Interest on $282,754 from August 3, 20203 at the rate of 10 percent 14 per annum (Civil Code, §3289)4 through the date of entry of 15 judgment.5 (Cal Rules of Court, rule 3.1802.) 16 Costs (Cal. Rules of Court, rule 3.1700(b)(4) 17 Total 18 The Order Granting Motion for Summary Adjudication on the Cross-complaint by Jim J. 19 Khorge and Jasinta Khorge, individually and as Trustees of the Khorge Revocable Living Trust 20 dated May 21, 2008, as to Audette Bennett having been entered on March 17, 2014, 21 IT IS FURTHER ADJUDGED AND DECREED that Jim Khorge and Jasinta Khorge 22 take nothing from Audette Bennett.6 23 IT IS FURTHER ADJUDGED AND DECREED that Jim Khorge and Jasinta Khorge 24 25 1 Referee’s Award filed October 20, 2021 at p. 9, line 27. 2 Referee’s Award filed October 20, 2021 at p. 10, 17; Correction of Decision and Award executed November 18, 26 2023, at p. 1, line 25. 3 Referee’s Award filed October 20, 2021 at p. 17, lines 21 – 22. 27 4 Referee’s Award filed October 20, 2021 at p. 2, lines 3 – 4. 5 Referee’s Award filed October 20, 2021 at p. 17, lines 21 – 22. 28 6 Order Granting Motin for Summary Adjudication filed March 17, 2014. 2 29 _________________________________________ JUDGMENT 30 31 1 take nothing from Dan Khorge.7 2 IT IS FURTHER ADJUDGED AND DECREED that satisfaction of this Judgment shall 3 first be made from the proportionate share of funds held by the Receiver for the benefit of Jim 4 Khorge. If there is a deficiency of the funds held by the Receiver for the benefit of Jim Khorge 5 with which to fully satisfy this Judgment, then satisfaction of the judgment shall be pursuant to 6 Division 2 of Title 9, Enforcement of Judgments (including; §§ 695.010 - 709.020) of Part 2 Of 7 Civil Actions of the Code of Civil Procedure 8 Dated: 9 10 _________________________________ Nicole S. Healy, 11 Judge of the Superior Court 12 Approved as conforming to the Court’s Judgment. 13 Dated: June 13, 2024 /s/ John Schreiber___________ 14 John Schreiber 15 Attorney for Jim and Jasinta Khorge 16 17 18 19 20 21 22 23 24 25 26 27 28 7 Referee’s Award filed October 20, 2021 at p. 18, lines 16 – 17. 3 29 _________________________________________ JUDGMENT 30 31 1 PROOF OF SERVICE - C.C.P. SECTIONS 1005, 1013a; 2015.5 I declare that: 2 I am employed in the county of San Mateo, California. 3 I am over the age of eighteen (18) years and not a party to the within cause; my business 4 address is Post Office Box 6107, San Mateo, California 94403. 5 On June 14, 2024, I served the: 6 PLAINTIFF, DAN KHORGE’S, AND CROSS-DEFENDANTS, DAN KHORGE 7 AND AUDETTE BENNETTS,’ SUPPLEMENTAL STATUS REPORT on the parties in said cause, by forwarding a copy thereof on the parties in said cause by 8 Electronic Service: Complying with CRC, rule 2.251, I caused such document(s) to be 9 electronically served through ( ) One Legal (X) Are You Being Served ( ) File&ServeExpress for 10 the above-entitled case to the parties on the Service List maintained on their website for this case 11 and set forth below. Upon completion of said transmission of said documents(s), a certified 12 receipt is issued to the filing party acknowledging receipt by their system. Receipt of the 13 transmission will be maintained with the original documents in our office. 14 15 John T. Schreiber Attorney for Jim and Jasinta Khorge Law Offices of John T. Schreiber Telephone: 925-708-0263 16 2127 Goldenhill Way Email: jschreiber@schreiberappeals.com 17 Benicia, CA 94510 18 Jeffrey R. Windsor Attorney for Martin M. Eisenberg 177 Bovet Road, Suite 600 Referee and Arbitrator 19 San Mateo, California 94402 Telephone: 650 638-2360 Email: jeff@windsor-plc.com 20 Martin M. Eisenberg Courtesy Copy: 21 177 Bovet Road, Suite 600 martinmeisenberg@gmail.com San Mateo, California 94402 22 23 I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct and that this declaration was executed on June 14, 2024, at El 24 Granada, California. Lawrence D. Miller 25 ____________________________ 26 Lawrence D. Miller 27 28 29 3 ______________________________________________ 30 Plaintiff’s and Cross-Defendants’ Case Supplemental Status Report [12265]