Preview
Kyle
Law
Corporation
STEPHAN E. KYLE (SBN 158075)
ANDREW H. WINETROUB (SBN 291847)
KYLE LAW CORPORATION
230 California Street, Suite 600
San Francisco, CA 94111
Telephone: (415) 839-8100
Facsimile: _(415) 839-8189
Email: skyle@kylelawcorp.com
Attorneys for Plaintiffs
JASON EVERETT THOMPSON and
WIRED REAL ESTATE GROUP, INC.
ELECTRONICALLY
FILED
‘Supertor Court of California,
County of San Francisco
11/20/2015
Clerk of the Court
BY:VANESSA WU
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JASON EVERETT THOMPSON and
WIRED REAL ESTATE GROUP, INC.,
Plaintiffs,
Vv.
DEAN GREGORY ASIMOS, dba DRAKE
REALTY,
Defendant.
AND RELATED CROSS-ACTION.
CASE NO. CGC-11-514980
NOTICE OF ENTRY OF ORDER.
TO THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO, AND
ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that an Order instructing the release of funds held in the Carr
McClellan Trust Account to Jason Everett Thompson was entered by this Court on November 20,
2015, a copy of which is attached hereto as Exhibit 1.
4
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‘NOTICE OF ENTRY OF ORDER
CGC-11-514980Kyle
Law
Corporation
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DATED: November 20, 2015 KYLE LAW CORPORATION
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STEP! . KYLE
ANDRE) WAL WINETROUB
Attorneys for Plaintiffs
JASON EVERETT THOMPSON and
WIRED REAL ESTATE GROUP, INC.
NOTICE OF ENTRY OF ORDER
CGC-11-514980Exhibit 1Robert A. Bleicher (Bar No. 111334)
rbleicher@car-mcclellan.com ENDORSED
Sevad Road a in Francisco County Superior Court
Burlingame, California 94010 NOV 20 2015
Telephone: (650) 342-9600
Facsimile: (650) 342-7685 pee OF THE COURT
GINA GONZALES
Attorneys for Trustee Deputy Clerk
Carr McClellan P.C.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JASON EVERETT THOMPSON and No. CGC-11-514980
WIRED REAL ESTATE GROUP, INC.,
[PROPROSEBT ORDER INSTRUCTING
Plaintiffs, RELEASE OF FUNDS HELD IN CARR
McCLELLAN TRUST ACCOUNT TO JASON
v. EVERETT THOMPSON
DEAN GREGORY ASIMOS, dba DRAKE Action Filed: October 11, 2011 °
REALTY, Trial Date: October 9, 2012
Defendant.
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AND RELATED CROSS-ACTIONS.
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The Court, having considered the ate of Robert A. Bleicher in Support of an
Order instructing Carr McClellan P.C. to release to Jason Everett Thompson the sum of
$101,722.74 held in Carr McClellan P.C.’s client trust account in connection with the settlement
of litigation involving Jason Everett Thompson and Dean Gregory Asimos, and good cause
appearing therefor,
IT IS HEREBY ORDERED that Carr McClellan P.C. shall promptly release to Jason
Everett Thompson the sum of $101,722.74 held in Carr McClellan P.C.’s client trust account in
connection with the settlement of litigation involving Jason Everett Thompson and Dean Gregory
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BAT: ul 20/15 “4 Ay/
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29200-00001\iManage\6369965.1 1 “Vinge OR eth itokeo COURT
Proposed OrderEXHIBIT “A”Oo em IN DAW BF WN
NR RN NY Be ee Be Be ee eB Be
RBReRRRSEBR HS SEeReXHA BEEK ES
Robert A. Bleicher (Bar No. 111334)
rbleicher@carr-meclellan.com
CARR McCLELLAN P.C.
216 Park Road
Burlingame, California 94010
Telephone: (650) 342-9600
Facsimile: (650) 342-7685
Attorneys for Trustee
Carr McClellan P.C.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JASON EVERETT THOMPSON and No. CGC-11-514980
WIRED REAL ESTATE GROUP, INC.,
DECLARATION OF ROBERT A. BLEICHER
Plaintiffs, IN SUPPORT OF ORDER INSTRUCTING
RELEASE OF FUNDS HELD IN CARR
v. McCLELLAN TRUST ACCOUNT TO JASON
EVERETT THOMPSON
DEAN GREGORY ASIMOS, dba DRAKE
REALTY, Dept: 503
Defendant. Time: 9:30 am
Action Filed: October 11, 2011
AND RELATED CROSS-ACTIONS.
I, Robert A. Bleicher, state:
1. Tam an attorney licensed to practice before the courts of the State of California
and am a director with Carr McClellan P.C. I have personal knowledge of the facts set forth in
this declaration and, if called upon as a witness, I would testify competently and truthfully
regarding those facts.
2. Carr McClellan is holding in its client trust account the sum of $101,722.74 in
29200-0000 1\iManage\6370051.1 1
Dec. of Robert A. Bleicher ISO Order re Release of Trust Account Fundsconnection with the settlement of litigation involving JASON EVERETT THOMPSON and
DEAN GREGORY ASIMOS. The Carr McClellan attorney who handled the litigation that
resulted in the settlement was William Gutierrez. Mr. Gutierrez is no longer with Carr McClellan.
3. On August 22, 2013, The Hon. Wallace P. Douglass of this Court issued an order
in this action stating, inter alia, that “defendant Dean Gregory Asimos is HEREBY ENJOINED
AND ORDERED to cooperate immediately with the distribution of the entirety of the funds held
in trust by Mr. Gutierrez’s law firm. This Court has concluded that Defendant Asimos does not
now and never did have an interest in the Astound settlement funds....” A copy of the Order is
attached as Exhibit A.
4. Carr McClellan heard nothing further from Mr. Thompson’s counsel until
February 24, 2015, when Stephan Kyle spoke with George Wailes of Carr McClellan about
releasing the subject funds held in the firm’s trust account. Apparently, on or about that date, Mr.
Kyle also provided Mr. Wailes with a disbursement form, purportedly signed by Mr. Asimos.
However, the form evidently stated that Mr. Asimos had signed it “under protest.” Mr. Wailes
wrote to Mr. Kyle on February 24, 2015 expressing Carr McClellan’s concerns about Mr.
Asimos’s “under protest” statement on the disbursement instruction. Mr. Wailes advised Mr.
Kyle that, in order to disburse the funds as soon as possible, Carr McClellan “needs a court order
or an unconditional instruction from Mr. Asimos to distribute the funds....Another [avenue]
would be Mr. Thompson obtaining a court order that Carr McClellan distribute the funds.” A
copy of Mr. Wailes’s February 24, 2015 letter to Mr. Kyle is attached as Exhibit B.
5. Carr McClellan heard nothing further from Mr. Kyle for almost nine months, until
it received a hand-delivered letter addressed to Mark Hudak of my office demanding release of
the subject funds held in trust. Mr. Kyle’s letter enclosed an “Authorization for Disbursement of
Funds” purportedly signed by Mr. Asimos as well as a copy of the Court’s August 22, 2013
Order. A copy of Mr. Kyle’s November 10, 2015 letter and the “Authorization for Disbursement
of Funds” purportedly signed by Mr. Asimos are attached as Exhibits C and D.
6. On Friday, November 13, 3015, I spoke with Mr. Kyle; Mr. Hudak of my office
was in trial so I responded to the letter. I explained our firm’s concern that the purported
29200-0000 1\iManage\6370051.1 2
Dec. of Robert A. Bleicher ISO Order re Release of Trust Account Fundsio ON DH BF WN
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14
signature of Mr. Asimos on Exhibit D was not notarized or otherwise authenticated, nor was the
purported Authorization unconditional. During our conversation, Mr. Kyle offered additional
background about Mr. Asimos that raised significant questions about the genuineness and
reliability of any purported relinquishment by Mr. Asimos of his claims to the settlement funds in
Carr McClellan’s trust account. I suggested that, given these circumstances, he obtain an order
instructing Carr McClellan to release the funds to his client.
7. On Wednesday, November 18, 2015, shortly before midnight at 11:20 pm, I
received an email from Mr. Kyle advising me of the hearing in this matter on November 20.
8. On November 19, 2015 at 8:15 am, I responded to Mr. Kyle’s email, suggesting
that he present the Court with a proposed Order instructing Carr McClellan to release the funds in
trust, as proposed by Mr. Wailes nine months ago.
9. Mr. Kyle did not respond, so I sent him a follow-up email at 2:47 pm on
November 19.
10. At 4:33 pm on November 19, Mr .Kyle responded, advising that he would not take
any action to obtain an order as proposed and instead threatened litigation.
11. At 5:04 pm I responded to Mr. Kyle, advising him that I would appear at the
November 20 hearing and setting forth once again the basis for Carr McClellan’s concems. A
copy of my emai! exchange with Mr. Kyle on November 18-19, 2015 is attached as Exhibit E.
12. Carr McClellan will promptly release the funds held in its trust account to Mr.
Thompson provided that it is fully protected from any claims by Mr. Asimos that it improperly
released those funds to Mr. Thompson. Accordingly, Carr McClellan requests that the Court
issue an order instructing Carr McClellan to release the settlement funds of $101,722.74 from its
client trust account to Mr. Thompson.
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29200-0000 1\iManage\6370051.1 3
Dec. of Robert A. Bleicher ISO Order re Release of Trust Account Fundscoc em NH HW F YW N
DN NY NY NY N NN ND Bee Be se ee eR ee
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I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
«
Dated: November 19, 2015 fh 14, A SiG)
Robert A. Bleicher
29200-00001 \iManage\6370051.1 4
Dec. of Robert A. Bleicher ISO Order re Release of Trust Account Funds .EXHIBIT A“JUL 3 1 2013-
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C. Todd Norris, SBN 181337 ENDORSz:
BULLIVANT HOUSER BAILEY PC . El
601 California Street, Suite 1800 ‘Sen Francisco County Superior Court
San Francisco, California 94108
Telephone: 415.352.2700. _ * AUG 23 2013
Facsimile: 415.352.2701
E-Mail: todd.noris@bullivant.com CLERK OF THE COURT
By____VICKIMAGK’ —___
Deputy Clerk
Attorneys for Plaintifis/Cross-Defendants
JASON EVERETT THOMPSON and WIRED REAL
ESTATE GROUP, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JASON EVERETT THOMPSON and WIRED | Case No,: CGC-11-514980
REAL ESTATE GROUP, INC, web
, Ww PERMANENT
Plaintifis, INJUNCTION |
‘y, 7
IDEAN GREGORY ASIMOS, dba DRAKE ”
REALTY,
“Defendant.
AND RELATED CROSS-ACTION. Trial Date: October 9, 2012
a Injunction In Favor of Plaintiff Jason Evereti Thompson and Against
: Defendant Dean Gregory Asimos
Following a court trial on the above-entitled actions and entry of the Court’s Statement
|| of Decision on May 30, 2013,
DEFENDANT DEAN GREGORY ASIMOS IS HEREBY PERMANENTLY -
ENJOINED AS FOLLOWS: Defendant Dean Gregory Asimos is permanently enjoined and
prohibited from using in any way the service mark Wired Real Estate Group and similar marks
such as WiredRE, and WREG; and defendant Dean Gregory Asimos is HEREBY ENJOINED
AND ORDERED to cancel all of is registrations of the Wired Real Estate Group mark and
similar marks;
14218905.1 -1-
[PRORGSED} PERMANENT INJUNCTIONoon nu k YN
Boe oe Re we ew Be ee
eo 2 Aw KR WH eH OO
Consistent with the Court’s Statement of Decision, defendant Dean Gregory Asimos is
HEREBY ENJOINED AND ORDERED to cooperate immediately with the distribution of the
entirety of the fands held in trust by Mr. Gutierrez’s law firm. This Court has concluded that
Defendant Asimos does not now and never did have an interest in the Astound settlement funds
due tohis breaches of the parties’ agreement. Defendant Asimos is therefore HEREBY
ENJOINED AND ORDERED to sign immediately any documents reasonably necessary to.
effectuate the distribution of the Astound settlement fimds to plaintiff Jason Everett Thompson.
IT IS SO ORDERED, ADJUDGED AND DECREED.
AUG 2 2 2013
DATED: _-
WALLACE P. DOUGLASS
Hon. Wallace P. Douglass ~
Judge of the Superior Court
. ReORE
14218905.1 : : ~2-
[PROPOSED] PERMANENT INJUNCTIONEXHIBIT BCARR M¢CLELLAN
February 24, 2015 Tae
F (650) 373-3386
VIA REGULAR MAIL ailes @carr-mecean.com
AND E-MAIL: skyle@lglelawcorp.com
Stephan E. Kyle, Esq,
Kyle Law Corporation
230 California Street, Suite 600
San.Francisco, CA. 94111-4326
Re: — Asimos v. Astound Broadband
Dear Stephan:
Tt was a pleasure talking with you about the funds Carr McClellan is holding. As I explained,
Cart McClellan desires to distribute the furids as soon as possible. Catr McClellan is
‘concerned about distributing the fiinds to Mr, Thompson because when Mr, Asimos signed
the disbursement form he added the language: “The signing of this document is nota waiver
of rights nor [sic] is it a transfer of assets. I am signing this document under protest.” This
Janguage stutes that Mr. Asimos is not approving.a “transfer of assets;” a distribution of funds
is a transfér of assets: Had Mr. Asimos not added this language, we could have transferred
the funds once they were clear of the bankruptcy-proceeding. With that language, we are _
concerned that Mr. Asimos has not approved the transfer.
For that reason Carr McClellan needs a court order or an unconditional instruction from Mr.
Asimos to distribute the funds, One avenue that I mentioned would be to interplead the
funds, Ancther would be Mr. Thompson obtaining a court order that Carr McClellan
distribute the funds. If Mr. Thompson obtains that order, Carr McClellan will comply,
whether the Court had actual jurisdiction over Carr McClellan or not. Please let us know
how we should proceed.
Very truly yours,
W.. rge Wailes ~
2R459-00001\iManage\5301840.1
Carr McClellan P.C.
216 Park Rad, Burlingame, CA94010 T(650)342-9600 F (650) 342-7685
* care-mectellan.camEXHIBIT CKYLE LAW
CORPORATION
oa Stephan S Telephone: 415 839-8100
|; skyle@kylelawcorp.com Facsimile: 415 839-81
Direct Dial: 415 839-8110 saeteyidorpucea
A PROFESSIONAL LAW CORPORATION
230 California Street, Suite 600
San Francisco, California 94111
November 10, 2015
VIA MESSENGER
Mark Hudak, Esq.
CARR MCCLELLAN P.C.
216 Park Road
Burlingame, CA 94010
Re: Dean Asimos dba Wired Real Estate Group v. Astound
Broadband, LLC, Contra Costa Superior Court Case No.
C09-02957 (the “Astound Action”)
Our File: 80191-86
Dear Mr. Hudak:
As you are aware, we are the attorneys for Everett Thompson and Wired Real Estate
Group in several matters being litigated between our clients and Dean Asimos.
This follows the dialogue earlier this year with George Wailes regarding the release of
Astound settlement funds held in trust by your firm to Mr. Thompson. For your reference we are
enclosing a copy of Mr. Wailes’ February 24, 2015 letter to us on the matter in which Carr
McClellan indicated that it would be in a position to release the funds if it received an
unconditional instruction from Mr. Asimos to distribute the funds.
To that end, we are enclosing the original Authorization For Disbursement of Funds (the
Authorization”) signed by Mr. Asimos, whereby Mr. Asimos authorizes the release of the
Astound settlement funds held in trust by your firm to Mr. Thompson. The Authorization was
delivered to our office yesterday moming by Mr. Asimos’ counsel, Jessica Barsotti, and
constitutes “an unconditional instruction from Mr. Asimos to distribute the funds,” as requested
in Mr. Wailes’ February 24, 2015 letter. We are also enclosing another copy of the San
Francisco Superior Court’s permanent injunction, entered on August 23, 2013, which makes
clear that Mr. Asimos does not now and never did have an interest in the Astound settlement
funds.Law
CORPORATION
Mark Hudak, Esq.
November 10, 2015
Page 2
With these documents now delivered to you, we hereby request that Carr McClellan P.C.
immediately disburse the entirety of the Astound settlement funds held in trust to our client, Mr.
Thompson. The disbursement check should be made payable to “Kyle Law Corporation Client
Trust Account” in the full amount of the monies held, which we understand to total $101,722.24.
If you would prefer to make handle the disbursement by way of wire transfer, please advise and
we will provide you with our bank routing information for wire.
We would appreciate prompt confirmation by email with a timeline for processing the
distribution. My email address is on the letterhead above.
Thank you for your attention to this matter. Please do not hesitate to call or email with
any questions.
Yours very truly,
Mike 2 he ays
STEPHAN E. KYLE
SEK/AHW/of
Enclosures (3)
« Signed Authorization (Original Signature)
e Carr McClellan 2.24.2015 Letter
e Permanent Injunction
ce: Jessica Barsotti, Esq. (via Email and U.S. Mail w/encl.)
Joseph Angelo, Esq. (via Email and U.S. Mail w/encl.)EXHIBIT DAuthorization For Disbursement of Funds
Prior to the filing of the action Thompson v. Asimos (San Francisco Superior Court
Action No. CGC-11-514980) (hereinafter “the San Francisco Action”), the parties were
Plaintiffs in the action Dean Asimos dba Wired Real Estate Group v. Astound Broadband,
LLG, et al., filed on October 23, 2009 in Contra Costa County Superior Court as Case No.
C09-02957. Plaintiffs settled the action and the case was dismissed on June 6, 2011. The
settlement funds, net of litigation costs and contingency fees release, totaling $101,722. 24,
were deposited into the Trust Account of Carr McClellan P.C., the attorneys for the plaintiffs
(Trust Account”).
In October 2011, Thompson filed the San Francisco Action against Asimos.
Following a court trial and entry of the Court’s Statement of Decision on May 30, 2013, the
Superior Court entered a judgment in favor of Thompson on August 23, 2013. The Superior
Court determined that Asimos does not now, and never did, have an interest in the funds held
in the Trust Account, and the Court entered a permanent injunction (the “Permanent
Injunction”) against Asimos, which, among other things, requires him to cooperate with the
distribution of the funds held in the Trust Account.
The undersigned, Dean Asimos, subsequently applied to the above Court, ex parte, for
an order staying execution of the judgment and permanent injunction, which application was
denied.
Based on the foregoing and in order to comply with the Permanent Injunction entered
on August 23, 2013, Defendant Dean Gregory Asimos does hereby authorize that the funds
being held in trust by Carr McClellan P.C. shall be forthwith released to Plaintiff Jason
Everett Thompson.
Nov 92050 Y ld.
Orteber—z 2615 7
Dean G. Asimos
-$82-8—HONEXHIBIT ERobert Bleicher
From: Robert Bleicher
Sent: Thursday, November 19, 2015 5:04 PM
To: "Stephan Kyle’
Subject: RE: 80191 - Thompson/Asimos Trust Disbursement [|WOV-iManage.FID391380]
Dear Mr. Kyle,
| will attend the hearing tomorrow morning with an appropriate order.
So that the record is clear, when we spoke last Friday, you provided me with ample information that raises questions
about the genuineness and reliability of any purported relinquishment by Mr. Asimos of his claims to the settlement
funds held in our firm’s trust account.
As you also know, the purported “Authorization” you forwarded in your November 10, 2015 letter to Mr. Hudak is not
authenticated and lacks any evidence that the signature on the document is in fact that of Mr. Asimos—such as a
notarization.
Moreover, the purported “Authorization” which you demand we rely upon- despite the questions about its authenticity
lacks the “unconditional” language Mr. Wailes referred to in his letter to you of February 24, 2015.
Given the circumstances, it is self evident that an order expressly instructing our firm to release the settlement funds in
our trust account is prudent, not just for our firm but also your client.
We have no desire to hold onto the funds but we also cannot be exposed to potential claims by Mr. Asimos.
ROBERT A. BLEICHER
Director
CARR McCLELLAN P.C.
216 Park Road, Burlingame, CA 94010
D (650) 696-2543
M (415) 990-4853
F (650) 342-7685
leicher mec! COM
carr-meclellan.com
CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are
not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
From: Stephan Kyle [mailto:skyle@kylelawcorp.com]
Sent: Thursday, November 19, 2015 4:33 PM
To: Robert Bleicher
Subject: RE: 80191 - Thompson/Asimos Trust Disbursement [IWOV-iManage.FID391380]
Mr. Bleicher.We will not be submitting an order on your behalf to the Judge. It is not required and our client has already incurred
significant costs and attorneys’ fees securing the documentation that entitle him to the funds held in your trust account.
Please be clear that Mr. Wailes letter offered this type of an order as an alternative means of securing the release of the
funds, since Mr. Asimos added language to the Authorization form he originally signed in 2013. Mr. Wailes stated in his
letter that “had Mr. Asimos not added this language, we could have transferred the funds once they were clear of the
bankruptcy proceeding.” With that clear guidance from Mr. Wailes, we took the necessary steps to obtain Mr. Asimos
signature on an unaltered version of the Authorization. We provided the original of this Authorization to you on
November 10, 2015 and demanded immediate disbursement. To date, we have not received the funds on behalf of Mr.
Thompson.
Based on your emails today, we are left with the understanding that Carr McClellan does not intend to distribute the
funds to Mr. Thompson with the documentation we have provided to date. If that understanding is not correct, please
advise immediately. Otherwise, we believe this failure to distribute these funds to your client is an actionable breach of
your fiduciary obligations. We will obtain further instruction from Mr. Thompson and proceed accordingly.
Very truly yours,
Stephan Kyle
Stephan Kyle, Esq.
KYLE LAW CORPORATION
230 California Street
Suite 600
San Francisco, CA 94111
Direct 415-839-8110
Main 415-839-8100
Fax 415-839-8189
e. skyle@kylelawcorp.com
wowww,kylelawcorp.com
From: Robert Bleicher [mailto:rbleicher@carr-mcclellan.com]
Sent: Thursday, November 19, 2015 2:47 PM
To: Stephan Kyle
Subject: FW: 80191 - Thompson/Asimos Trust Disbursement [IWOV-iManage.FID391380]
Stephan,
Please let me know if you’re going to proceed as suggested below.
Thanks.
From: Robert Bleicher
Sent: Thursday, November 19, 2015 8:15 AM
To: ‘Stephan Kyle’
Cc; Mark Hudak
Subject: RE: 80191 - Thompson/Asimos Trust Disbursement [IWOV-iManage.FID391380]
Stephan,
| propose that, in light of the issues regarding Mr. Asimos and his counsel that you described, you present an order to
the court instructing Carr McClellan to release the funds to Mr. Thompson. That is what George Wailes suggested last
February and it protects both Mr. Thompson and our firm.Please let me know if you see any issues with this approach.
Thanks,
ROBERT A. BLEICHER
Director
CARR McCLELLAN P.C.
216 Park Road, Burlingame, CA 94010
D (650) 696-2543
M (415) 990-4853
F (650) 342-7685
rbleicher@carr-mcclellan.com
carr-meclellan. com
CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are
not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
From: Stephan Kyle [mailto:skyle@kylelawcorp.com]
Sent: Wednesday, November 18, 2015 11:20 PM
To: Robert Bleicher
Cc: Mark Hudak
Subject: RE: 80191 - Thompson/Asimos Trust Disbursement
Mr. Bleicher.
| wanted to advise you that the parties (including defendant Asimos) have been ordered to appear before Assistant
Presiding Judge Teri Jackson in Department 503 of the San Francisco Superior Court at 9:30 a.m. this Friday, November
20 with respect to the ongoing contempt proceedings.
If you have any further questions about the signed authorization or the Court’s injunction declaring Mr. Thompson the
sole and rightful owner of the settlement monies held in trust by your firm, | would encourage you to attend this hearing
and seek any clarification that you need regarding the matter. If you plan to attend, please advise, so that | be prepared
to address your attendance with the Court.
Thank you.
Stephan Kyle
Stephan Kyle, Esq.
KYLE LAW CORPORATION
230 California Street
Suite 600
San Francisco, CA 94111
Direct 415-839-8110
Main 415-839-8100
Fax 415-839-8189
e. skyle@kylelawcorp.com
wowww.kylelawcorp.com
From: Stephan Kyle
Sent: Wednesday, November 18, 2015 4:09 PM
To: 'rbleicher@carr-mcclellan.com'
3Ce: 'mhudak@carr-mcclellan.com'
Subject: RE: 80191 - Thompson/Asimos Trust Disbursement
Dear Mr. Bleicher.
During our call on Friday afternoon, you stated that you would get back to me later that day or at the latest on Monday
with respect to your firm’s position on the disbursement of Mr. Thompson's monies that you are holding in your Client
Trust Account. We have not yet heard from you and would appreciate your definitive response promptly so that we can
advise our client.
Thank you.
Very truly yours,
Stephan Kyle
Stephan Kyle, Esq.
KYLE LAW CORPORATION
230 California Street
Suite 600
San Francisco, CA 94111
Direct 415-839-8110
Main 415-839-8100
Fax 415-839-8189
é. skyle@kylelawcorp.com
w.www.kylelawcorp.com
From: Stephan Kyle
Sent: Friday, November 13, 2015 4:41 PM
To: 'rbleicher@carr-mcclellan.com'
Cc: 'mhudak@carr-mcclellan.com'
Subject: 80191 - Thompson/Asimos Trust Disbursement
Dear Mr. Bleicher
This follows our telephone conversation earlier today. As you know, we are counsel for Everett Thompson and Wired
Real Estate Group in the case before the San Francisco Superior Court, Thompson et al. v. Asimos, SF Superior Court Case
No. CGC-11-514980 (the “San Francisco Action”). We would like to provide you with this additional information to assist
you in your handling of our request for immediate disbursement of the funds residing in your firm’s trust account from
the Astound litigation settlement that occurred a number of years ‘ago.
To provide you with full context, there was a dispute between Mr. Asimos and Mr. Thompson as to who the funds
belong to. That dispute was resolved during a court trial in the San Francisco Action. Attached are both the Court’s
judgment and injunction requiring immediate disbursement of the funds to Mr. Thompson. Originally, Mr. Asimos
signed an authorization for disbursement but added protest language that your firm deemed to render it unenforceable.
We have now provided you with an unaltered original signed authorization form (delivered to us by Mr. Asimos’
attorney Jessica Barsotti this week), authorizing your firm to disburse the funds to Mr. Thompson. Mr. Asimos was again
ordered by the Court to sign the authorization form, so that your firm could distribute the funds immediately. A copy of
that court order is also attached.
We are also attaching a copy of your firm’s “Conflict Waiver” agreement with the parties. Page 3 of your Conflict Waiver
states that monies received by your firm will be held in trust for the benefit of both clients and will be disbursed as
follows: “(1) in accordance with your joint written instructions; or (2) in accordance with the terms of any order or
4judgment of an arbitrator or court.” At this point, you have both of these items: (1) Mr. Asimos has signed the
authorization instructing your firm to disburse the funds to Mr. Thompson, and you have our request for immediate
disbursement to Mr. Thompson; and (2) the San Francisco Superior Court has entered a Permanent Injunction dated
August 23, 2013 clearly ordering that “Defendant Asimos does not now and never did have an interest in the Astound
settlement funds.”
Further, Mr. Wailes’ letter to me of February 25, 2015 clearly states that.“Had Mr. Asimos not added [the handwritten]
language [to the authorization form], we could have transferred the funds once they were clear of the bankruptcy
proceeding.” In order to satisfy Mr. Wailes concern, Asimos was ordered to sign the authorization form again, this time
without such language added. He did so and we provided you with the original of that signed authorization on
November 10. Another copy is attached. If you have any concerns with the authenticity of the signature, we would
expect you to confirm the same with his counsel or with Mr. Asimos directly. Mr. Thompson has no further obligations
in this regard.
it is Mr. Thompson’s position that per the attached agreements and related documents, your firm is now both legally
and contractually obligated to immediately release the settlement funds in question to Mr. Thompson. If the funds are
not disbursed to Mr. Thompson immediately, as required, we will be forced to proceed with an action for conversion
and breach of contract in connection with the monies held in trust. Such action would also necessarily include a request
for attorneys’ fees and expenses incurred in bringing the action.
Mr. Thompson has done everything asked of him and/or legally required of him to obtain the disbursement of the
Astound settlement monies that have been held in trust by your firm for years. No further action is required on his
part. We expect your prompt confirmation that the funds will be distributed consistent with the above. We have
already provided you with payment instructions.
Thank you for your time and cooperation. Please feel free to contact me with any questions or if you wish to discuss
further.
Very truly yours,
Stephan Kyle
KYLELAW
CORPORATION
Stephan Kyle, Esq.
KYLE LAW CORPORATION
230 California Street
Suite 600
San Francisco, CA 94111
Direct 415-839-8110
Main 415-839-8100
Fax 415-839-8189
e. skyle@kylelawcorp.com
w.. www. kylelawcorp.com
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24
Thompson v. Asimos
San Francisco Superior Court Case No. CGC-11-514980
PROOF OF SERVICE
J, the undersigned, state:
1am a citizen of the United States. My business address is 230 California Street, Suite 600,
San Francisco, California 94111. I am employed in the City and County of San Francisco. I am
over the age of eighteen years and not a party to this action. On the date set forth below, I served
the foregoing documents described as follows:
NOTICE OF ENTRY OF ORDER
on the following person(s) in this action by placing a true copy thereof enclosed in a sealed envelope
addressed as follows:
Jessica R. Barsotti, Esq. Robert A. Bleicher, Esq.
LAW OFFICE OF JESSICA R. BARSOTTI CARR MCCLELLAN P.C,
5032 Woodminster Lane 216 Park Road
Oakland, CA 94602 Burlingame, CA 94010
[x] BY FIRST CLASS MAIL —] am readily familiar with my firm’s practice for collection and
processing of correspondence for mailing with the United States Postal Service, to wit, that
correspondence will be deposited with the United States Postal Service this same day in the
ordinary course of business. I sealed said envelope and placed it for collection and mailing
this date, following ordinary business practices.
Ct] BY PERSONAL SERVICE ~ Following ordinary business practices, I caused to be served,
by hand delivery, such envelope(s) by hand this date to the offices of the addressee(s).
[] BY.OVERNIGHT MAIL I caused such envelope to be delivered by a commercial carrier
service for overnight delivery to the office(s) of the addressee(s).
[] BY FACSIMILE - I caused said document to be transmitted by Facsimile machine to the
number indicated after the address(es) noted above.
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 this date in San Francisco, California.
Dated: November 20, 2015 cy g KY /
(SJEPHAN EJKYLE
‘NOTICE OF ENTRY OF ORDER
CGC-11-514980
Preview
Kyle Law Corporation STEPHAN E. KYLE (SBN 158075) ANDREW H. WINETROUB (SBN 291847) KYLE LAW CORPORATION 230 California Street, Suite 600 San Francisco, CA 94111 Telephone: (415) 839-8100 Facsimile: _(415) 839-8189 Email: skyle@kylelawcorp.com Attorneys for Plaintiffs JASON EVERETT THOMPSON and WIRED REAL ESTATE GROUP, INC. ELECTRONICALLY FILED ‘Supertor Court of California, County of San Francisco 11/20/2015 Clerk of the Court BY:VANESSA WU Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO JASON EVERETT THOMPSON and WIRED REAL ESTATE GROUP, INC., Plaintiffs, Vv. DEAN GREGORY ASIMOS, dba DRAKE REALTY, Defendant. AND RELATED CROSS-ACTION. CASE NO. CGC-11-514980 NOTICE OF ENTRY OF ORDER. TO THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO, AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that an Order instructing the release of funds held in the Carr McClellan Trust Account to Jason Everett Thompson was entered by this Court on November 20, 2015, a copy of which is attached hereto as Exhibit 1. 4 / Hf ‘NOTICE OF ENTRY OF ORDER CGC-11-514980Kyle Law Corporation Ce ND AW BF YN NN NY BF Be Be Be Be ee ee Be BPRRRRBB FE SEB WADE BH AS DATED: November 20, 2015 KYLE LAW CORPORATION 7 KU STEP! . KYLE ANDRE) WAL WINETROUB Attorneys for Plaintiffs JASON EVERETT THOMPSON and WIRED REAL ESTATE GROUP, INC. NOTICE OF ENTRY OF ORDER CGC-11-514980Exhibit 1Robert A. Bleicher (Bar No. 111334) rbleicher@car-mcclellan.com ENDORSED Sevad Road a in Francisco County Superior Court Burlingame, California 94010 NOV 20 2015 Telephone: (650) 342-9600 Facsimile: (650) 342-7685 pee OF THE COURT GINA GONZALES Attorneys for Trustee Deputy Clerk Carr McClellan P.C. SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO JASON EVERETT THOMPSON and No. CGC-11-514980 WIRED REAL ESTATE GROUP, INC., [PROPROSEBT ORDER INSTRUCTING Plaintiffs, RELEASE OF FUNDS HELD IN CARR McCLELLAN TRUST ACCOUNT TO JASON v. EVERETT THOMPSON DEAN GREGORY ASIMOS, dba DRAKE Action Filed: October 11, 2011 ° REALTY, Trial Date: October 9, 2012 Defendant. ya? AND RELATED CROSS-ACTIONS. ann "yay" The Court, having considered the ate of Robert A. Bleicher in Support of an Order instructing Carr McClellan P.C. to release to Jason Everett Thompson the sum of $101,722.74 held in Carr McClellan P.C.’s client trust account in connection with the settlement of litigation involving Jason Everett Thompson and Dean Gregory Asimos, and good cause appearing therefor, IT IS HEREBY ORDERED that Carr McClellan P.C. shall promptly release to Jason Everett Thompson the sum of $101,722.74 held in Carr McClellan P.C.’s client trust account in connection with the settlement of litigation involving Jason Everett Thompson and Dean Gregory 7 sue BAT: ul 20/15 “4 Ay/ T 29200-00001\iManage\6369965.1 1 “Vinge OR eth itokeo COURT Proposed OrderEXHIBIT “A”Oo em IN DAW BF WN NR RN NY Be ee Be Be ee eB Be RBReRRRSEBR HS SEeReXHA BEEK ES Robert A. Bleicher (Bar No. 111334) rbleicher@carr-meclellan.com CARR McCLELLAN P.C. 216 Park Road Burlingame, California 94010 Telephone: (650) 342-9600 Facsimile: (650) 342-7685 Attorneys for Trustee Carr McClellan P.C. SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO JASON EVERETT THOMPSON and No. CGC-11-514980 WIRED REAL ESTATE GROUP, INC., DECLARATION OF ROBERT A. BLEICHER Plaintiffs, IN SUPPORT OF ORDER INSTRUCTING RELEASE OF FUNDS HELD IN CARR v. McCLELLAN TRUST ACCOUNT TO JASON EVERETT THOMPSON DEAN GREGORY ASIMOS, dba DRAKE REALTY, Dept: 503 Defendant. Time: 9:30 am Action Filed: October 11, 2011 AND RELATED CROSS-ACTIONS. I, Robert A. Bleicher, state: 1. Tam an attorney licensed to practice before the courts of the State of California and am a director with Carr McClellan P.C. I have personal knowledge of the facts set forth in this declaration and, if called upon as a witness, I would testify competently and truthfully regarding those facts. 2. Carr McClellan is holding in its client trust account the sum of $101,722.74 in 29200-0000 1\iManage\6370051.1 1 Dec. of Robert A. Bleicher ISO Order re Release of Trust Account Fundsconnection with the settlement of litigation involving JASON EVERETT THOMPSON and DEAN GREGORY ASIMOS. The Carr McClellan attorney who handled the litigation that resulted in the settlement was William Gutierrez. Mr. Gutierrez is no longer with Carr McClellan. 3. On August 22, 2013, The Hon. Wallace P. Douglass of this Court issued an order in this action stating, inter alia, that “defendant Dean Gregory Asimos is HEREBY ENJOINED AND ORDERED to cooperate immediately with the distribution of the entirety of the funds held in trust by Mr. Gutierrez’s law firm. This Court has concluded that Defendant Asimos does not now and never did have an interest in the Astound settlement funds....” A copy of the Order is attached as Exhibit A. 4. Carr McClellan heard nothing further from Mr. Thompson’s counsel until February 24, 2015, when Stephan Kyle spoke with George Wailes of Carr McClellan about releasing the subject funds held in the firm’s trust account. Apparently, on or about that date, Mr. Kyle also provided Mr. Wailes with a disbursement form, purportedly signed by Mr. Asimos. However, the form evidently stated that Mr. Asimos had signed it “under protest.” Mr. Wailes wrote to Mr. Kyle on February 24, 2015 expressing Carr McClellan’s concerns about Mr. Asimos’s “under protest” statement on the disbursement instruction. Mr. Wailes advised Mr. Kyle that, in order to disburse the funds as soon as possible, Carr McClellan “needs a court order or an unconditional instruction from Mr. Asimos to distribute the funds....Another [avenue] would be Mr. Thompson obtaining a court order that Carr McClellan distribute the funds.” A copy of Mr. Wailes’s February 24, 2015 letter to Mr. Kyle is attached as Exhibit B. 5. Carr McClellan heard nothing further from Mr. Kyle for almost nine months, until it received a hand-delivered letter addressed to Mark Hudak of my office demanding release of the subject funds held in trust. Mr. Kyle’s letter enclosed an “Authorization for Disbursement of Funds” purportedly signed by Mr. Asimos as well as a copy of the Court’s August 22, 2013 Order. A copy of Mr. Kyle’s November 10, 2015 letter and the “Authorization for Disbursement of Funds” purportedly signed by Mr. Asimos are attached as Exhibits C and D. 6. On Friday, November 13, 3015, I spoke with Mr. Kyle; Mr. Hudak of my office was in trial so I responded to the letter. I explained our firm’s concern that the purported 29200-0000 1\iManage\6370051.1 2 Dec. of Robert A. Bleicher ISO Order re Release of Trust Account Fundsio ON DH BF WN a oe oe Oo NY Ss oO 14 signature of Mr. Asimos on Exhibit D was not notarized or otherwise authenticated, nor was the purported Authorization unconditional. During our conversation, Mr. Kyle offered additional background about Mr. Asimos that raised significant questions about the genuineness and reliability of any purported relinquishment by Mr. Asimos of his claims to the settlement funds in Carr McClellan’s trust account. I suggested that, given these circumstances, he obtain an order instructing Carr McClellan to release the funds to his client. 7. On Wednesday, November 18, 2015, shortly before midnight at 11:20 pm, I received an email from Mr. Kyle advising me of the hearing in this matter on November 20. 8. On November 19, 2015 at 8:15 am, I responded to Mr. Kyle’s email, suggesting that he present the Court with a proposed Order instructing Carr McClellan to release the funds in trust, as proposed by Mr. Wailes nine months ago. 9. Mr. Kyle did not respond, so I sent him a follow-up email at 2:47 pm on November 19. 10. At 4:33 pm on November 19, Mr .Kyle responded, advising that he would not take any action to obtain an order as proposed and instead threatened litigation. 11. At 5:04 pm I responded to Mr. Kyle, advising him that I would appear at the November 20 hearing and setting forth once again the basis for Carr McClellan’s concems. A copy of my emai! exchange with Mr. Kyle on November 18-19, 2015 is attached as Exhibit E. 12. Carr McClellan will promptly release the funds held in its trust account to Mr. Thompson provided that it is fully protected from any claims by Mr. Asimos that it improperly released those funds to Mr. Thompson. Accordingly, Carr McClellan requests that the Court issue an order instructing Carr McClellan to release the settlement funds of $101,722.74 from its client trust account to Mr. Thompson. Ml Ml 29200-0000 1\iManage\6370051.1 3 Dec. of Robert A. Bleicher ISO Order re Release of Trust Account Fundscoc em NH HW F YW N DN NY NY NY N NN ND Bee Be se ee eR ee ow A aA BB Oo Ye FF GD we ND HF YH N KF SO I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. « Dated: November 19, 2015 fh 14, A SiG) Robert A. Bleicher 29200-00001 \iManage\6370051.1 4 Dec. of Robert A. Bleicher ISO Order re Release of Trust Account Funds .EXHIBIT A“JUL 3 1 2013- ue Poe Be Be Be ew Be Be Be Be So 6 eA AA Rw NH OO wow ta AH RYN C. Todd Norris, SBN 181337 ENDORSz: BULLIVANT HOUSER BAILEY PC . El 601 California Street, Suite 1800 ‘Sen Francisco County Superior Court San Francisco, California 94108 Telephone: 415.352.2700. _ * AUG 23 2013 Facsimile: 415.352.2701 E-Mail: todd.noris@bullivant.com CLERK OF THE COURT By____VICKIMAGK’ —___ Deputy Clerk Attorneys for Plaintifis/Cross-Defendants JASON EVERETT THOMPSON and WIRED REAL ESTATE GROUP, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO JASON EVERETT THOMPSON and WIRED | Case No,: CGC-11-514980 REAL ESTATE GROUP, INC, web , Ww PERMANENT Plaintifis, INJUNCTION | ‘y, 7 IDEAN GREGORY ASIMOS, dba DRAKE ” REALTY, “Defendant. AND RELATED CROSS-ACTION. Trial Date: October 9, 2012 a Injunction In Favor of Plaintiff Jason Evereti Thompson and Against : Defendant Dean Gregory Asimos Following a court trial on the above-entitled actions and entry of the Court’s Statement || of Decision on May 30, 2013, DEFENDANT DEAN GREGORY ASIMOS IS HEREBY PERMANENTLY - ENJOINED AS FOLLOWS: Defendant Dean Gregory Asimos is permanently enjoined and prohibited from using in any way the service mark Wired Real Estate Group and similar marks such as WiredRE, and WREG; and defendant Dean Gregory Asimos is HEREBY ENJOINED AND ORDERED to cancel all of is registrations of the Wired Real Estate Group mark and similar marks; 14218905.1 -1- [PRORGSED} PERMANENT INJUNCTIONoon nu k YN Boe oe Re we ew Be ee eo 2 Aw KR WH eH OO Consistent with the Court’s Statement of Decision, defendant Dean Gregory Asimos is HEREBY ENJOINED AND ORDERED to cooperate immediately with the distribution of the entirety of the fands held in trust by Mr. Gutierrez’s law firm. This Court has concluded that Defendant Asimos does not now and never did have an interest in the Astound settlement funds due tohis breaches of the parties’ agreement. Defendant Asimos is therefore HEREBY ENJOINED AND ORDERED to sign immediately any documents reasonably necessary to. effectuate the distribution of the Astound settlement fimds to plaintiff Jason Everett Thompson. IT IS SO ORDERED, ADJUDGED AND DECREED. AUG 2 2 2013 DATED: _- WALLACE P. DOUGLASS Hon. Wallace P. Douglass ~ Judge of the Superior Court . ReORE 14218905.1 : : ~2- [PROPOSED] PERMANENT INJUNCTIONEXHIBIT BCARR M¢CLELLAN February 24, 2015 Tae F (650) 373-3386 VIA REGULAR MAIL ailes @carr-mecean.com AND E-MAIL: skyle@lglelawcorp.com Stephan E. Kyle, Esq, Kyle Law Corporation 230 California Street, Suite 600 San.Francisco, CA. 94111-4326 Re: — Asimos v. Astound Broadband Dear Stephan: Tt was a pleasure talking with you about the funds Carr McClellan is holding. As I explained, Cart McClellan desires to distribute the furids as soon as possible. Catr McClellan is ‘concerned about distributing the fiinds to Mr, Thompson because when Mr, Asimos signed the disbursement form he added the language: “The signing of this document is nota waiver of rights nor [sic] is it a transfer of assets. I am signing this document under protest.” This Janguage stutes that Mr. Asimos is not approving.a “transfer of assets;” a distribution of funds is a transfér of assets: Had Mr. Asimos not added this language, we could have transferred the funds once they were clear of the bankruptcy-proceeding. With that language, we are _ concerned that Mr. Asimos has not approved the transfer. For that reason Carr McClellan needs a court order or an unconditional instruction from Mr. Asimos to distribute the funds, One avenue that I mentioned would be to interplead the funds, Ancther would be Mr. Thompson obtaining a court order that Carr McClellan distribute the funds. If Mr. Thompson obtains that order, Carr McClellan will comply, whether the Court had actual jurisdiction over Carr McClellan or not. Please let us know how we should proceed. Very truly yours, W.. rge Wailes ~ 2R459-00001\iManage\5301840.1 Carr McClellan P.C. 216 Park Rad, Burlingame, CA94010 T(650)342-9600 F (650) 342-7685 * care-mectellan.camEXHIBIT CKYLE LAW CORPORATION oa Stephan S Telephone: 415 839-8100 |; skyle@kylelawcorp.com Facsimile: 415 839-81 Direct Dial: 415 839-8110 saeteyidorpucea A PROFESSIONAL LAW CORPORATION 230 California Street, Suite 600 San Francisco, California 94111 November 10, 2015 VIA MESSENGER Mark Hudak, Esq. CARR MCCLELLAN P.C. 216 Park Road Burlingame, CA 94010 Re: Dean Asimos dba Wired Real Estate Group v. Astound Broadband, LLC, Contra Costa Superior Court Case No. C09-02957 (the “Astound Action”) Our File: 80191-86 Dear Mr. Hudak: As you are aware, we are the attorneys for Everett Thompson and Wired Real Estate Group in several matters being litigated between our clients and Dean Asimos. This follows the dialogue earlier this year with George Wailes regarding the release of Astound settlement funds held in trust by your firm to Mr. Thompson. For your reference we are enclosing a copy of Mr. Wailes’ February 24, 2015 letter to us on the matter in which Carr McClellan indicated that it would be in a position to release the funds if it received an unconditional instruction from Mr. Asimos to distribute the funds. To that end, we are enclosing the original Authorization For Disbursement of Funds (the Authorization”) signed by Mr. Asimos, whereby Mr. Asimos authorizes the release of the Astound settlement funds held in trust by your firm to Mr. Thompson. The Authorization was delivered to our office yesterday moming by Mr. Asimos’ counsel, Jessica Barsotti, and constitutes “an unconditional instruction from Mr. Asimos to distribute the funds,” as requested in Mr. Wailes’ February 24, 2015 letter. We are also enclosing another copy of the San Francisco Superior Court’s permanent injunction, entered on August 23, 2013, which makes clear that Mr. Asimos does not now and never did have an interest in the Astound settlement funds.Law CORPORATION Mark Hudak, Esq. November 10, 2015 Page 2 With these documents now delivered to you, we hereby request that Carr McClellan P.C. immediately disburse the entirety of the Astound settlement funds held in trust to our client, Mr. Thompson. The disbursement check should be made payable to “Kyle Law Corporation Client Trust Account” in the full amount of the monies held, which we understand to total $101,722.24. If you would prefer to make handle the disbursement by way of wire transfer, please advise and we will provide you with our bank routing information for wire. We would appreciate prompt confirmation by email with a timeline for processing the distribution. My email address is on the letterhead above. Thank you for your attention to this matter. Please do not hesitate to call or email with any questions. Yours very truly, Mike 2 he ays STEPHAN E. KYLE SEK/AHW/of Enclosures (3) « Signed Authorization (Original Signature) e Carr McClellan 2.24.2015 Letter e Permanent Injunction ce: Jessica Barsotti, Esq. (via Email and U.S. Mail w/encl.) Joseph Angelo, Esq. (via Email and U.S. Mail w/encl.)EXHIBIT DAuthorization For Disbursement of Funds Prior to the filing of the action Thompson v. Asimos (San Francisco Superior Court Action No. CGC-11-514980) (hereinafter “the San Francisco Action”), the parties were Plaintiffs in the action Dean Asimos dba Wired Real Estate Group v. Astound Broadband, LLG, et al., filed on October 23, 2009 in Contra Costa County Superior Court as Case No. C09-02957. Plaintiffs settled the action and the case was dismissed on June 6, 2011. The settlement funds, net of litigation costs and contingency fees release, totaling $101,722. 24, were deposited into the Trust Account of Carr McClellan P.C., the attorneys for the plaintiffs (Trust Account”). In October 2011, Thompson filed the San Francisco Action against Asimos. Following a court trial and entry of the Court’s Statement of Decision on May 30, 2013, the Superior Court entered a judgment in favor of Thompson on August 23, 2013. The Superior Court determined that Asimos does not now, and never did, have an interest in the funds held in the Trust Account, and the Court entered a permanent injunction (the “Permanent Injunction”) against Asimos, which, among other things, requires him to cooperate with the distribution of the funds held in the Trust Account. The undersigned, Dean Asimos, subsequently applied to the above Court, ex parte, for an order staying execution of the judgment and permanent injunction, which application was denied. Based on the foregoing and in order to comply with the Permanent Injunction entered on August 23, 2013, Defendant Dean Gregory Asimos does hereby authorize that the funds being held in trust by Carr McClellan P.C. shall be forthwith released to Plaintiff Jason Everett Thompson. Nov 92050 Y ld. Orteber—z 2615 7 Dean G. Asimos -$82-8—HONEXHIBIT ERobert Bleicher From: Robert Bleicher Sent: Thursday, November 19, 2015 5:04 PM To: "Stephan Kyle’ Subject: RE: 80191 - Thompson/Asimos Trust Disbursement [|WOV-iManage.FID391380] Dear Mr. Kyle, | will attend the hearing tomorrow morning with an appropriate order. So that the record is clear, when we spoke last Friday, you provided me with ample information that raises questions about the genuineness and reliability of any purported relinquishment by Mr. Asimos of his claims to the settlement funds held in our firm’s trust account. As you also know, the purported “Authorization” you forwarded in your November 10, 2015 letter to Mr. Hudak is not authenticated and lacks any evidence that the signature on the document is in fact that of Mr. Asimos—such as a notarization. Moreover, the purported “Authorization” which you demand we rely upon- despite the questions about its authenticity lacks the “unconditional” language Mr. Wailes referred to in his letter to you of February 24, 2015. Given the circumstances, it is self evident that an order expressly instructing our firm to release the settlement funds in our trust account is prudent, not just for our firm but also your client. We have no desire to hold onto the funds but we also cannot be exposed to potential claims by Mr. Asimos. ROBERT A. BLEICHER Director CARR McCLELLAN P.C. 216 Park Road, Burlingame, CA 94010 D (650) 696-2543 M (415) 990-4853 F (650) 342-7685 leicher mec! COM carr-meclellan.com CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. From: Stephan Kyle [mailto:skyle@kylelawcorp.com] Sent: Thursday, November 19, 2015 4:33 PM To: Robert Bleicher Subject: RE: 80191 - Thompson/Asimos Trust Disbursement [IWOV-iManage.FID391380] Mr. Bleicher.We will not be submitting an order on your behalf to the Judge. It is not required and our client has already incurred significant costs and attorneys’ fees securing the documentation that entitle him to the funds held in your trust account. Please be clear that Mr. Wailes letter offered this type of an order as an alternative means of securing the release of the funds, since Mr. Asimos added language to the Authorization form he originally signed in 2013. Mr. Wailes stated in his letter that “had Mr. Asimos not added this language, we could have transferred the funds once they were clear of the bankruptcy proceeding.” With that clear guidance from Mr. Wailes, we took the necessary steps to obtain Mr. Asimos signature on an unaltered version of the Authorization. We provided the original of this Authorization to you on November 10, 2015 and demanded immediate disbursement. To date, we have not received the funds on behalf of Mr. Thompson. Based on your emails today, we are left with the understanding that Carr McClellan does not intend to distribute the funds to Mr. Thompson with the documentation we have provided to date. If that understanding is not correct, please advise immediately. Otherwise, we believe this failure to distribute these funds to your client is an actionable breach of your fiduciary obligations. We will obtain further instruction from Mr. Thompson and proceed accordingly. Very truly yours, Stephan Kyle Stephan Kyle, Esq. KYLE LAW CORPORATION 230 California Street Suite 600 San Francisco, CA 94111 Direct 415-839-8110 Main 415-839-8100 Fax 415-839-8189 e. skyle@kylelawcorp.com wowww,kylelawcorp.com From: Robert Bleicher [mailto:rbleicher@carr-mcclellan.com] Sent: Thursday, November 19, 2015 2:47 PM To: Stephan Kyle Subject: FW: 80191 - Thompson/Asimos Trust Disbursement [IWOV-iManage.FID391380] Stephan, Please let me know if you’re going to proceed as suggested below. Thanks. From: Robert Bleicher Sent: Thursday, November 19, 2015 8:15 AM To: ‘Stephan Kyle’ Cc; Mark Hudak Subject: RE: 80191 - Thompson/Asimos Trust Disbursement [IWOV-iManage.FID391380] Stephan, | propose that, in light of the issues regarding Mr. Asimos and his counsel that you described, you present an order to the court instructing Carr McClellan to release the funds to Mr. Thompson. That is what George Wailes suggested last February and it protects both Mr. Thompson and our firm.Please let me know if you see any issues with this approach. Thanks, ROBERT A. BLEICHER Director CARR McCLELLAN P.C. 216 Park Road, Burlingame, CA 94010 D (650) 696-2543 M (415) 990-4853 F (650) 342-7685 rbleicher@carr-mcclellan.com carr-meclellan. com CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. From: Stephan Kyle [mailto:skyle@kylelawcorp.com] Sent: Wednesday, November 18, 2015 11:20 PM To: Robert Bleicher Cc: Mark Hudak Subject: RE: 80191 - Thompson/Asimos Trust Disbursement Mr. Bleicher. | wanted to advise you that the parties (including defendant Asimos) have been ordered to appear before Assistant Presiding Judge Teri Jackson in Department 503 of the San Francisco Superior Court at 9:30 a.m. this Friday, November 20 with respect to the ongoing contempt proceedings. If you have any further questions about the signed authorization or the Court’s injunction declaring Mr. Thompson the sole and rightful owner of the settlement monies held in trust by your firm, | would encourage you to attend this hearing and seek any clarification that you need regarding the matter. If you plan to attend, please advise, so that | be prepared to address your attendance with the Court. Thank you. Stephan Kyle Stephan Kyle, Esq. KYLE LAW CORPORATION 230 California Street Suite 600 San Francisco, CA 94111 Direct 415-839-8110 Main 415-839-8100 Fax 415-839-8189 e. skyle@kylelawcorp.com wowww.kylelawcorp.com From: Stephan Kyle Sent: Wednesday, November 18, 2015 4:09 PM To: 'rbleicher@carr-mcclellan.com' 3Ce: 'mhudak@carr-mcclellan.com' Subject: RE: 80191 - Thompson/Asimos Trust Disbursement Dear Mr. Bleicher. During our call on Friday afternoon, you stated that you would get back to me later that day or at the latest on Monday with respect to your firm’s position on the disbursement of Mr. Thompson's monies that you are holding in your Client Trust Account. We have not yet heard from you and would appreciate your definitive response promptly so that we can advise our client. Thank you. Very truly yours, Stephan Kyle Stephan Kyle, Esq. KYLE LAW CORPORATION 230 California Street Suite 600 San Francisco, CA 94111 Direct 415-839-8110 Main 415-839-8100 Fax 415-839-8189 é. skyle@kylelawcorp.com w.www.kylelawcorp.com From: Stephan Kyle Sent: Friday, November 13, 2015 4:41 PM To: 'rbleicher@carr-mcclellan.com' Cc: 'mhudak@carr-mcclellan.com' Subject: 80191 - Thompson/Asimos Trust Disbursement Dear Mr. Bleicher This follows our telephone conversation earlier today. As you know, we are counsel for Everett Thompson and Wired Real Estate Group in the case before the San Francisco Superior Court, Thompson et al. v. Asimos, SF Superior Court Case No. CGC-11-514980 (the “San Francisco Action”). We would like to provide you with this additional information to assist you in your handling of our request for immediate disbursement of the funds residing in your firm’s trust account from the Astound litigation settlement that occurred a number of years ‘ago. To provide you with full context, there was a dispute between Mr. Asimos and Mr. Thompson as to who the funds belong to. That dispute was resolved during a court trial in the San Francisco Action. Attached are both the Court’s judgment and injunction requiring immediate disbursement of the funds to Mr. Thompson. Originally, Mr. Asimos signed an authorization for disbursement but added protest language that your firm deemed to render it unenforceable. We have now provided you with an unaltered original signed authorization form (delivered to us by Mr. Asimos’ attorney Jessica Barsotti this week), authorizing your firm to disburse the funds to Mr. Thompson. Mr. Asimos was again ordered by the Court to sign the authorization form, so that your firm could distribute the funds immediately. A copy of that court order is also attached. We are also attaching a copy of your firm’s “Conflict Waiver” agreement with the parties. Page 3 of your Conflict Waiver states that monies received by your firm will be held in trust for the benefit of both clients and will be disbursed as follows: “(1) in accordance with your joint written instructions; or (2) in accordance with the terms of any order or 4judgment of an arbitrator or court.” At this point, you have both of these items: (1) Mr. Asimos has signed the authorization instructing your firm to disburse the funds to Mr. Thompson, and you have our request for immediate disbursement to Mr. Thompson; and (2) the San Francisco Superior Court has entered a Permanent Injunction dated August 23, 2013 clearly ordering that “Defendant Asimos does not now and never did have an interest in the Astound settlement funds.” Further, Mr. Wailes’ letter to me of February 25, 2015 clearly states that.“Had Mr. Asimos not added [the handwritten] language [to the authorization form], we could have transferred the funds once they were clear of the bankruptcy proceeding.” In order to satisfy Mr. Wailes concern, Asimos was ordered to sign the authorization form again, this time without such language added. He did so and we provided you with the original of that signed authorization on November 10. Another copy is attached. If you have any concerns with the authenticity of the signature, we would expect you to confirm the same with his counsel or with Mr. Asimos directly. Mr. Thompson has no further obligations in this regard. it is Mr. Thompson’s position that per the attached agreements and related documents, your firm is now both legally and contractually obligated to immediately release the settlement funds in question to Mr. Thompson. If the funds are not disbursed to Mr. Thompson immediately, as required, we will be forced to proceed with an action for conversion and breach of contract in connection with the monies held in trust. Such action would also necessarily include a request for attorneys’ fees and expenses incurred in bringing the action. Mr. Thompson has done everything asked of him and/or legally required of him to obtain the disbursement of the Astound settlement monies that have been held in trust by your firm for years. No further action is required on his part. We expect your prompt confirmation that the funds will be distributed consistent with the above. We have already provided you with payment instructions. Thank you for your time and cooperation. Please feel free to contact me with any questions or if you wish to discuss further. Very truly yours, Stephan Kyle KYLELAW CORPORATION Stephan Kyle, Esq. KYLE LAW CORPORATION 230 California Street Suite 600 San Francisco, CA 94111 Direct 415-839-8110 Main 415-839-8100 Fax 415-839-8189 e. skyle@kylelawcorp.com w.. www. kylelawcorp.com This email message Is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. 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For more information please visit http:/Avwww.mimecast.comKyle Law Corporation oem ND WH BF YW N ROM ND ee ee a a a oO vs = S$ © we ADA A RF WN KF DO 24 Thompson v. Asimos San Francisco Superior Court Case No. CGC-11-514980 PROOF OF SERVICE J, the undersigned, state: 1am a citizen of the United States. My business address is 230 California Street, Suite 600, San Francisco, California 94111. I am employed in the City and County of San Francisco. I am over the age of eighteen years and not a party to this action. On the date set forth below, I served the foregoing documents described as follows: NOTICE OF ENTRY OF ORDER on the following person(s) in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Jessica R. Barsotti, Esq. Robert A. Bleicher, Esq. LAW OFFICE OF JESSICA R. BARSOTTI CARR MCCLELLAN P.C, 5032 Woodminster Lane 216 Park Road Oakland, CA 94602 Burlingame, CA 94010 [x] BY FIRST CLASS MAIL —] am readily familiar with my firm’s practice for collection and processing of correspondence for mailing with the United States Postal Service, to wit, that correspondence will be deposited with the United States Postal Service this same day in the ordinary course of business. I sealed said envelope and placed it for collection and mailing this date, following ordinary business practices. Ct] BY PERSONAL SERVICE ~ Following ordinary business practices, I caused to be served, by hand delivery, such envelope(s) by hand this date to the offices of the addressee(s). [] BY.OVERNIGHT MAIL I caused such envelope to be delivered by a commercial carrier service for overnight delivery to the office(s) of the addressee(s). [] BY FACSIMILE - I caused said document to be transmitted by Facsimile machine to the number indicated after the address(es) noted above. 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 this date in San Francisco, California. Dated: November 20, 2015 cy g KY / (SJEPHAN EJKYLE ‘NOTICE OF ENTRY OF ORDER CGC-11-514980