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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
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Telephone: (650) 592-9151
4 Email: lmiller@ldmlawyer.com
5 Attorney for Plaintiff, Dan M. Khorge and Cross-defendant, Audette Bennett.
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF SAN MATEO
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UNLIMITED JURISDICTION
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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
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20 Defendants.
___________________________________
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AND RELATED CROSS COMPLAINT
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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.
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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.
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Dated: June 14, 2024 Respectfully submitted,
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8 /s/ Lawrence D. Miller
LAWRENCE D. MILLER
9 Attorney for Plaintiff
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______________________________________________
30 Plaintiff’s and Cross-Defendants’ Case Supplemental Status Report [12265]
EXHIBIT 1
EFS-020
ATTORNEY 9pARTy WITHOUT ATTORNEY STATE BAR NO 077448
077448 OR COURT USE ONLY
NAME Lawrence D. Miller
FIRM NAME
FIRM NAME Law Office of Lawrence D. Miller
srReer ADORE9s. P,0, Box 6107
srReer 6107
CITY San
0Irv San Mateo SATE. CA 2 CODE. 94403
94403
me8NONE NO. (650) 592-9151
NO. (650) 592-9151 #ANO
#ANO
et
et Aooness Imiller@ldmlawyer.com
ATTORNEY FOR (e DAN M. KHORGE, Plaintiff and Cross-defendants, Dan Khorge
Khorge and Audette Bennett
Bennett
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
8TR£T ADDRESS
8TR£T ADDRESS 400
400 County Center
At.ING ADDRESS
At.ING ADDRESS
CITY AND
CITY AND ZI
ZI CODE
CODE Redwood City 94063
BRANCH NAME
BRANCH NAME CASE NUBER
CASE NUBER
M. KHORGE
PLAINTIFF/PETITIONER. DAN M. etc. CIV 520651
CIV 520651
DEFENDANT/RESPONDENT: JIM J KHORGE etc.,
etc., JUDICIAL OFFICER
OTHER. JASINTA KHORGE et
et Nicole S.
Nicole S. Healy
Healy
0pr
FIRST AMENDED PROPOSED ORDER (COVER SHEET)
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NOTE This cover sheet is to be used to electronically file and submit toto the court
court a proposed order The proposed order sent
electronically to the court must be
be in ppr format and must be attached to this cover sheet. In addition, a version of
of the proposed
word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed
order in an editable word-processing
order in PDF format are filed
Name of the party submitting the proposed order. DAN KHORGE and AUDETTE BENNETT
2.2. Te of the proposed order, JUDGMENT AFTER TRIAL BY REFEREE AND SUMMARY ADJUDICATION
Tte
3 The proceeding to which the proposed order relates is
a.
a. proceeding:
Description of proceeding: Hearing before
Hearing before Referee,
Referee, Martin
Martin Eisenberg
Eisenberg
b. Date and time:
time 11 at 9:24 A.M.; October 12 at 9:15 A.M.; November 7 at 9:20 A.M.; November 8 at 9:10 A.M.;
October IH
November 14, 2017 at 9:06 A.M.
c. Place: Law Office of Tom Fier,
c. Fier, 675
675 Mariners Island
Island Blvd,
Blvd, Ste 106,
106, San
San Mateo, CA 94404-1040
94404-1040
4, The proposed order was served on the other parties in the case.
Lawrence D.
Lawrence D. Miller
Miller
(TYPE OR
(TYPE OR PRINT
PRINT NAME
NAME ► /s/ Lawrence D. Miller
(SIGNATURE OF PARTY OR ATTORNEY)
Form Aopt or
Form Adopt May ll
or May lM PROPOSED ORDER (COVER SHEET)
Judicial Council 0Calif0hi
Judicial Council 0Calif0ni
er$020 [Rew.
er$020 [Rew. February
February 1,1, 2017
2017 (Electronic Filing) www.0out0.g0
LexisNeads Automated
LexisNeads California Judicial
Automated California Judicial Council
Council Forms
Forms
EFS-020
CASE NAME: CASE NUMBER
KHORGE vs.
KHORGE vs. KHORGE
KHORGE CIV 520651
CIV 520651
PROOF OF ELECTRONIC SERVICE
PROPOSED ORDER
PROPOSED ORDER
lam at least 18 years old and not a party to
to this action.
a. My residence or business address is (specify):
P.O. Box
P.O. Box 6107
6107
San Mateo,
San Mateo, CA
CA 94403
94403
b. My electronic service address is (specify)
miller@ldmlawyer.com
miller@ldmlawyer.com
2.electronically served the Proposed Order (Cover Sheet) with a proposed order in ppr format attached, and a proposed order in
an editable word-processing format as follows
a, On
On (name of person served) (If the person served is an attorney, the party or parties represented should also be stated.):
John T.
John T. Schreiber
Schreiber on
on behalf
behalf of
of Jim Khorge and
Jim Khorge and Jasinta
Jasinta Khorge
Khorge
b. To (electronic service address of person served): jschreiber@schreiberappeals.com
jschreiber@schreiberappeals.com
c. On (date). June
On June 15,,2024
2024
Lx]
Lx] Electronic service of the Proposed
Proposed Order (Cover Sheet)
Sheet) with the attached proposed order in PDF format and service of the
proposed order in an editable word-processing format on additional persons are described in an attachment
declare under penalty of perjury under the laws of the State of California that the foregoing is true
true and correct.
Date: June
Date: June I,
1 5, 2024
2024
LAWRENCE D. MILLER
LAWRENCE MILLER
► Lawrence D. Miller(SIGNATURE OF DECLARANT
er$-020 [e. February1, 2017] PROPOSED ORDER (COVER SHEET)
(Electronic Filing)
LexisNexis8Automated
Lexis California Judicial
Nexis8Automated California Judicial Council
Council F
Forms
orms
Attachment
Attachment
Attachment
Attachment 1
Name: Jeffrey R.
Name: Jeffrey R. Windsor
Windsor on
on behalf
behalf of
of Martin
Martin Eisenberg
Eisenberg
Electronic Service
Electronic Service Address:
Address: jeff@windsor-plc.com
jeff@windsor-plc.com
Date: June
Date: 1 5, 2024
June 1,2024
1 LAWRENCE D. MILLER, SBN 77448
LAW OFFICE OF LAWRENCE D. MILLER
2 Post Office Box 6107
San Mateo, CA 94403
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Telephone: (650) 592-9151
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Attorney for Plaintiff, Dan M. Khorge and Cross-defendants, Dan Khorge and Audette Bennett
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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)
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Plaintiff, [PROPOSED] JUDGMENT AFTER
14 TRIAL BY REFEREE AND SUMMARY
vs. ADJUDICATION
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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,
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Defendants.
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_________________________________________
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AND RELATED CROSS COMPLAINT
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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
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29 _________________________________________
JUDGMENT
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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
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Referee’s Award filed October 20, 2021 at p. 9, line 27.
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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.
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Referee’s Award filed October 20, 2021 at p. 17, lines 21 – 22.
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Referee’s Award filed October 20, 2021 at p. 2, lines 3 – 4.
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Referee’s Award filed October 20, 2021 at p. 17, lines 21 – 22.
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Order Granting Motin for Summary Adjudication filed March 17, 2014.
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JUDGMENT
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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
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Dated:
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10 _________________________________
Nicole S. Healy,
11 Judge of the Superior Court
12 Approved as conforming to the Court’s Judgment.
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Dated: June 13, 2024 /s/ John Schreiber___________
14 John Schreiber
15 Attorney for Jim and Jasinta Khorge
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Referee’s Award filed October 20, 2021 at p. 18, lines 16 – 17.
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JUDGMENT
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1 PROOF OF SERVICE - C.C.P. SECTIONS 1005, 1013a; 2015.5
I declare that:
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I am employed in the county of San Mateo, California.
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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 15, 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
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Electronic Service: Complying with CRC, rule 2.251, I caused such document(s) to be
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electronically served through ( ) One Legal (X) Are You Being Served ( ) File&ServeExpress for
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the above-entitled case to the parties on the Service List maintained on their website for this case
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and set forth below. Upon completion of said transmission of said documents(s), a certified
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receipt is issued to the filing party acknowledging receipt by their system. Receipt of the
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transmission will be maintained with the original documents in our office.
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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
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Martin M. Eisenberg Courtesy Copy:
21 177 Bovet Road, Suite 600 martinmeisenberg@gmail.com
San Mateo, California 94402
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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 15, 2024, at El
24 Granada, California.
Lawrence D. Miller
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26 Lawrence D. Miller
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______________________________________________
30 Plaintiff’s and Cross-Defendants’ Case Supplemental Status Report [12265]