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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Sep-19-2013 10:54 am
Case Number: CGC-11-514980
Filing Date: Sep-19-2013 10:53 am
Filed by: MICHAEL RAYRAY
Juke Box: 001 Image: 04207251
DECLARATION
JASON EVERETT THOMPSON et al VS. DEAN GREGORY ASIMOS
001004207251
Instructions:
Please place this sheet on top of the document to be scanned.0 Oo ND HW RF BY
RYN NY NY YN NR N NY ] Be ee Be Be Be Be eB
oN DAW BF BW He F&F SD OQ DH BF BH KF
: FILED -
C. Todd Norris, SBN 181337 , count? ERIOR Court
BULLIVANT HOUSER BAILEY PC +N FRANCISCg
601 California Street, Suite 1800 an SEP !
San Francisco, California 94108 3
Telephone: 415.352.2700
Facsimile: 415.352.2701 ay:
E-Mail: todd.norris@bullivant.com
Attorneys for Plaintiffs/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., .
DECLARATION OF C. TODD NORRIS
Plaintiffs, IN SUPPORT OF OPPOSITION TO
MOTION TO TAX COSTS
v.
Date: October 3, 2013
IDEAN GREGORY ASIMOS, dba DRAKE Time: 9:30 am
REALTY, Dept: 302
Defendant.
AND RELATED CROSS-ACTION. Trial Date: October 9, 2012
I, C. Todd Norris, declare:
1. I am an attorney with Bullivant Houser Bailey PC, counsel of record for
Plaintiffs Jason Everett Thompson and Wired Real Estate Group, Inc. I am licensed to practice
law in all the Courts of the State of California, and a member in good standing of the California
bar. The following information is true to the best of my knowledge, information and belief, and
if called upon I could and would competently testify to the matters stated herein.
2. In June 2008, defendant Dean Asimos and plaintiff Thompson entered into a
contract which states that in the event of any litigation between the parties the losing party will
be liable for the winning party’s reasonable costs. Attached hereto as Exhibit A is a true and
correct copy of that agreement which was introduced as Plaintiff's Exhibit No. 5 at trial.
14300998.1 -1l-
DECLARATION OF C. TODD NORRIS IN SUPPORT OF OPPOSITION TO MOTION TO TAX COSTS3. Following the conclusion of the trial, the Court requested that the parties provide
it with a copy of the transcript to assist it with its findings. Attached hereto as Exhibit B is a
true and correct copy of pages 44-46 of the transcript of the trial proceedings from October 17,
2012 in which the Court requests a copy of the transcript.
4. Counsel for defendant Asimos refused to comply with my request for a copy of
Asimos’s insurance policy on the basis that counsel believed the policy did not cover
Thompson’s claims. It was not until after I subpoenaed Mr. Asimos’ insurance broker that his
counsel finally agreed to provide me with a copy of the policy.
5. It was in fact defendant Asimos who identified Franz Seidelhuber as a witness
knowledgeable about matters relevant to this case. He was subpoenaed to rebut some of the
incorrect contentions made by defendant.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this [Sey of September, 2013, at San Francisco, California.
14300998.1 -2-
DECLARATION OF C. TODD NORRIS IN SUPPORT OF OPPOSITION TO MOTION TO TAX COSTS“a& CALIFORNIA .
& Ss ASSOCIATION — INDEPENDENT. CONTRACTOR AGREEMENT 1
, Se OF REALTORS® (Between Broker and Associate-Licensee)
. (C.A.R. Form ICA, Revised 04/07)
This Agreement, dated 4, 201 is made between __Dean Asimos
ker) and
Bro}
Evaret: Son CAssociate-Licensee’),
In consideration of the covenants and representations contained inthis Agreement, Broker and Associate-Licensee agree as follows:
1. BROKER: Broker représents that Brokeris duly ioensed as a real estate broker by the State of Califomia, doing business as. Diake
{6m name), Bi a sole proprietorship, La partnership, or 1) a corporation.
Services
Broker is a member of the __ San Francisco, San Mateo Comty, North Bay Comey
Association(s) of REALTORS®, and a subscriber to the : MUSListings,Com, Bareis.com Multiple
Usting Services). Broker shall keep Broker's license current during the lenmof this ‘Agreement. :
2 ASSOCIATE-LICENSEE: Associate-Lcensee represents that: (I) he/she Is duly licensed by the State of Califomia as a 1) real estate broker,
& realestate salesperson, and (il) he/she has not used any other names within the past five years, except
~ Associte-Licensce shall keep hsfher oense Cuirent dung
ine term of this Agreement, Including salistjing all applicable continulng education and Provisional license requirements, -
3, INDEPENDENT CONTRACTOR RELATIONSHIP:
A. Broker and Assoclate-Licensee Intend that, to the maximum extent permissible by law: ) This Agreement does not constitute an employment
G. The fact the Broker may cary worker compensation insurance for Broker's own benefit and for the mutual benefit of Broker and licensees
‘associated with Broker, including Associate-Licensee, shall not create an inference of employment.
(Workers: Compensation Advisory: Even though Associate-Licensees may be tested ax independent contractors for tax and other purposes, the
fines of up to $1,000 per agent, not to exceed $100,000 per ‘company,)
4 UCENSED ACTIVITY: Al listings of property, and all agreements, acts or actions for Performance of licensed acts, which are taken or performed in
not commit any unlawful act under federal, state or local law or regulation while Conducting fcensed activi. Associate-Licensee shall at all times be
feriiar, and comply, with all appicable federal, state and local laws, including, but not limited to, anti-discrimination laws and restrictions against the
giving oF accepting a fee, or other thing of value, for the referral of business to tite Companies, escrow companies, home inspection companies, pest
control companies and other settlement service providers pursuant to the Califomia Business an Professions Code and the Real Estate Settlement
Procedures Acts (RESPA). Broker shall make available for Associate Licensee's tse, along with other licensees associated with Broker,
the facilities of the real estate office operated by Broker at 340 Lor: vr te #215 ame, CA 9, O
: and the faciiiies of any other office
locations made available by Broker Pursuant to this Agreement.
‘The copyright laws of the United States (Tite 17 U.S. Code) forbid the unauthorized Broker's tnitials
‘mprodtction of this form, or any porton therect, by pholecopy machine or any other Associate-Licansee’s Initial
means, lnctucdng facsknle of compuleriied formals. Copyright © 19002007,
CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED.
‘GA REVISED 04/07 (PAGE 1 OF 3)
INDEPENDENT CONTRACTOR AGREEMENT (ICA PAGE 1 OF 3)
Agent: Dean Asimos Phone; 650-343-6187 Fax: 650-343-6413 Prepared using WINFonns® ‘Softwar
Broker; Drake Realty 340 Lorton Ave Ste 215 » Burlingame CA 94010 rep . "9 me
EXHIBIT NO.22
DEAN G. ASIMOS
SEPTEMBER 12, 2012
J.W. HARBIDGE, CSR.A. TO BROKER: Compensation shall be ‘charged to parties who enter into isting or other Soreements for services requiring a real estate license:
0 as shown in "Exhibit A” attached, which Is Incorporated as a part of this Agreement by teference, of
@ as follows: 208 c STOW BROKER, S_FOR
LIT TO
B. To ASSOCIATE-LICENSEE: Associale-Licensee shall Feceive a share of compensation actually collected by Broker, on listings or other
agreements for services requiring a real estate license, which are solicited and obtainéd by Associate-Licensee, and on transactions of which
i S Gale-ticensee and one oF more other
te on the same side (either isting or selling) of transaction, the commission allocated to their
combined activities shall be divided by Broker and ald to them according to their written Sareement. Broker shall have the right to withhold total
compensation if there-is a dispute between ‘associate-ticensees, or if there Is no wiitten agreement, or if no written agreement has been Provided
to Broker,
cote ater termination, Associate-Licensee shall not solit ) prospective or existing clients or customers bees upon company-generated leads
oblained during the time Assoclate-Licensee was afiiated with Broker, (i) any principal with existing contractual obligations to Broker, or (tii) any
Principal with @ contractual transactional obligation for which Broker is entitled to be compensated. Even after termination, this Agreement shall
govern all disputes and claims between Broker and Associate-Licensee connected with their relationship under this Agreement, including obligations
Brokers Initials MH Mo)
Assoclate-Licensee’s initials (2
j VIS ED Be RUFORNIA ASSOCIATION OF REALTORS®, we, Reviewed
i TREVISED Gan eee OF 3) wy
i10. DISPUTE RESOLUTION: :
A. Mediation: Mediation is recommended as « inethod of resolving disputes arising out ofthis Agreem. uit between Broker and Associate-Licensee,
B. Arbitration: All disputes or daims between Associate-Licensee and other licensee(s) associated with Broker, or between Associate-Licensee and
Broker, arising from or connected In any way with this Agreement, which cannot be adjusted belween the parts involved, shall be submitted to
‘The Federal Arbitration Act, Tite 9, U.S. Code, Section 1, et seq., shal govern this,
14. AUTOMOBILE: Associate-Licensee shall maintain sutomobile insurance coverage for liability and property damage ‘in the following amounts
$ B&B - Broker shall be named as an additional Insured party on Associate-Licensee's policies. A
copy of the endorsement showing Broker as an additional insured shall be provided.to Broker. :
12, PERSONAL ASSISTANTS: Associale-Licensee may make use of a pefsonal assistant, provided the following requirements are satisfied.
Judgments, awards, costs and atlomey's fees, arising from any action taken or omitted by Associate-Licensee, or others working through, or on behalf
of Associate-ticensee in connection with services rendered orto be rendered pursuant to this Agreement. Any such claims or costs payable pursuant
to this Agreement, are due as follows:
0 Paid in full by Associate-Licensee, who hereby agrees to indemnify and hold harmless Broker for all such sums, of
1 inthe same ratio as the compensation Split as it existed at the time the compensation was earned by Associate-Licet
& Other
in_writing, providing a 72 hour notice.
Payment from Associate-Licenses is due at the time Broker makes such payment and can be olfsel from any compensation due Associate-Licenses
as above, Broker retains the authority to settle claims or disputes, whether or not Associale-Licensee consents to such settlement.
18. ADDITIONAL PROVISIONS: Everett Zhampson to a
Provide Broker with a copy of such policy.
16. DEFINITIONS: As used in this Agreement, the following terms have the meanings indicated:
(A) “Listing” means an agreement with a property owner or other party to locate a buyer, exchange party, lessee, or other party to a transaction
involving real property, mobile home, or other property or transaction which may be brokered by a real estate foenses, or an agreement with a
Party to locate or negotiate for any such property or transaction. . .
(8) “Compensation” means compensation for acts requiring a real estate license, regartiless of whether calculated as a percentage of transaction
price, flat fee, hourty rate, or in any other manner. .
(6) "Transaction" means a sale, exchange, lease, or renta of real property, a business opportunity, or a manufactured home, which may lawfully be
brokered by a real estate licensee.
47. ATTORNEY FEES: In any action, proceeding, or arbitration between Broker and Associate-Licensee arising from or related to this Agreement, the
Prevailing Broker or Associate-Licensee shall be entitled tp reasonable attomey fees and costs.
18. ENTIRE AGREEMENT: All prior agreements between the patties concerning their relationship as Broker and Assoclate-Licensee are incorporated in
respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous eral ‘agreement. This Agreement
may not be amended, modified, altered, or changed except by a furthel agreement in wring executed by Broker and Associate-icensee.
seer: _—
Zs L Z Soaee Veen er (Holos
x Ker manager ( one) . (Paint.
Dean Asimos : US 3 Cute non S
(Print ame) aeress
340 Lorton ave #2 = qe Ladnicrsce CA Pye3
ve I
bortin 2 IM SE22 23 1.4768
(City, Sata, Zip) Teephone) Fax)
43 — 7 34 3~
‘Teteprene) Fax)
PREY HAS SEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (CAR). NO REPRESENTATION 1S MADE ‘AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY
. PROVISION IN ANY SPATE PROFESSIONAL. EN STATE BROIGR 6 THE PERSON QUAUTIED 70 AMIS: ON REA ESTATE: TRANSACTION YOU SEGRCOECA SE, Se
form's: se by the entre real est Mis nol intended to enily the user a i ic
‘he fare vababi for uta by te ol chains, ie fend ently th wer REALTOR® REALTOR® is retered colectie membership mark which may be used only by
7] Published and Distbuted by: .
| PEALESTATE BUSNESS SERVICES, INC,
cc]. 2ubsidlery of he CALIFORMIA ASSOCIATION OF REALTORS®
}+ 526 South Virgll Avenue, Los Angeles, Caltomla 90020 [Reviewed by
“ICA REVISED 04/07 (PAGE 3 OF 3) . = ,
INDEPENDENT CONTRACTOR AGREEMENT (ICA PAGE 3 OF 3) Everen Thomps@ @
settlement, and everything else. Nothing was concealed
whatsoever.
And this is sort of another example of how
Mr. Thompson is attempting to strong-arm Mr. Asimos. He
knows he's financially pressured. He's suing him. He's
making hundred million dollars. It couldn't be clearer
that this whole proceeding is an attempt to strong-arm
Mr. Asimos into doing what Mr. Thompson wants.
And I think the evidence has been clear on all
issues. Mr. Asimos did nothing wrong. He simply wanted
information from his associate licensee. He refused to
provide it, and that's why we ended up here. And we
believe that the court has everything that they need to
make the proper decision, which we believe will be in
favor of the defendant.
THE COURT: All right. Does that conclude the
arguments?
MS. BARSOTTI: Yes, Your Honor.
MR. NORRIS: Your Honor, with the exception that
I just want the record to reflect, of course, that the
plaintiffs of course deny that Mr. Thompson is making a
hundred million dollars. I don't want it struck from the
record. I think it's relevant, but we deny that.
THE COURT: All right. What are the chances
that I can get a transcript?
US Legal Support
888-575-3376MR. NORRIS: We were discussing that. The court
reporter who was here for the majority of the trial had
indicated that he could not provide a transcript to the
court for that many days until, say -- it would take 20 to
30 days before he could get you copies. I believe if I
called the court reporter service, that they will give me
a different answer. I hope. And then we can give you
transcripts, but we've -- I was discussing with
Ms. Barsotti whether we would split the cost on that
because we're certainly willing to do that.
MS. BARSOTTI: I simply need to know how much it
will be, so I can ask my client if that's going to be --
MR. NORRIS: If we say it's five thousand or
less, are you willing to split the cost?
MS. BARSOTTI: You know, we would like to have a
transcript; but we need to know the cost to see if we're
able to pay it.
THE COURT: Do you want to pick a future date in
which we go review the status of the transcript
production?
MR. NORRIS: Can we -- is there a way that we
can informally get back to you and let you know when we'll
be able to give them to you?
THE COURT: Sure. By e-mail is always
convenient. We can always file ex parte communication
US Legal Support
888-575-3376then.
e-mail.
MS. BARSOTTI: Yes, okay.
MR. NORRIS: Okay.
MS. BARSOTTI: We'll confer and let you know by
THE COURT: Okay. And if I get a transcript
while the case is under submission, by the time I get the
transcript, I can work effectively. It will probably be
difficult for me to work just from my notes and my memory.
Honor.
MS. BARSOTTI: Of course.
MR. NORRIS: Agreed. Thank you, Your Honor.
MS. BARSOTTI: Thank you very much, Your
THE COURT: My pleasure doing business with you
and we're adjourned.
ALL ATTORNEYS: Thank you, Your Honor.
(TIME NOTED: 11:08 a.m.)
US Legal Support
888-575-3376
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Sep-19-2013 10:54 am Case Number: CGC-11-514980 Filing Date: Sep-19-2013 10:53 am Filed by: MICHAEL RAYRAY Juke Box: 001 Image: 04207251 DECLARATION JASON EVERETT THOMPSON et al VS. DEAN GREGORY ASIMOS 001004207251 Instructions: Please place this sheet on top of the document to be scanned.0 Oo ND HW RF BY RYN NY NY YN NR N NY ] Be ee Be Be Be Be eB oN DAW BF BW He F&F SD OQ DH BF BH KF : FILED - C. Todd Norris, SBN 181337 , count? ERIOR Court BULLIVANT HOUSER BAILEY PC +N FRANCISCg 601 California Street, Suite 1800 an SEP ! San Francisco, California 94108 3 Telephone: 415.352.2700 Facsimile: 415.352.2701 ay: E-Mail: todd.norris@bullivant.com Attorneys for Plaintiffs/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., . DECLARATION OF C. TODD NORRIS Plaintiffs, IN SUPPORT OF OPPOSITION TO MOTION TO TAX COSTS v. Date: October 3, 2013 IDEAN GREGORY ASIMOS, dba DRAKE Time: 9:30 am REALTY, Dept: 302 Defendant. AND RELATED CROSS-ACTION. Trial Date: October 9, 2012 I, C. Todd Norris, declare: 1. I am an attorney with Bullivant Houser Bailey PC, counsel of record for Plaintiffs Jason Everett Thompson and Wired Real Estate Group, Inc. I am licensed to practice law in all the Courts of the State of California, and a member in good standing of the California bar. The following information is true to the best of my knowledge, information and belief, and if called upon I could and would competently testify to the matters stated herein. 2. In June 2008, defendant Dean Asimos and plaintiff Thompson entered into a contract which states that in the event of any litigation between the parties the losing party will be liable for the winning party’s reasonable costs. Attached hereto as Exhibit A is a true and correct copy of that agreement which was introduced as Plaintiff's Exhibit No. 5 at trial. 14300998.1 -1l- DECLARATION OF C. TODD NORRIS IN SUPPORT OF OPPOSITION TO MOTION TO TAX COSTS3. Following the conclusion of the trial, the Court requested that the parties provide it with a copy of the transcript to assist it with its findings. Attached hereto as Exhibit B is a true and correct copy of pages 44-46 of the transcript of the trial proceedings from October 17, 2012 in which the Court requests a copy of the transcript. 4. Counsel for defendant Asimos refused to comply with my request for a copy of Asimos’s insurance policy on the basis that counsel believed the policy did not cover Thompson’s claims. It was not until after I subpoenaed Mr. Asimos’ insurance broker that his counsel finally agreed to provide me with a copy of the policy. 5. It was in fact defendant Asimos who identified Franz Seidelhuber as a witness knowledgeable about matters relevant to this case. He was subpoenaed to rebut some of the incorrect contentions made by defendant. I declare under penalty of perjury that the foregoing is true and correct. Executed this [Sey of September, 2013, at San Francisco, California. 14300998.1 -2- DECLARATION OF C. TODD NORRIS IN SUPPORT OF OPPOSITION TO MOTION TO TAX COSTS“a& CALIFORNIA . & Ss ASSOCIATION — INDEPENDENT. CONTRACTOR AGREEMENT 1 , Se OF REALTORS® (Between Broker and Associate-Licensee) . (C.A.R. Form ICA, Revised 04/07) This Agreement, dated 4, 201 is made between __Dean Asimos ker) and Bro} Evaret: Son CAssociate-Licensee’), In consideration of the covenants and representations contained inthis Agreement, Broker and Associate-Licensee agree as follows: 1. BROKER: Broker représents that Brokeris duly ioensed as a real estate broker by the State of Califomia, doing business as. Diake {6m name), Bi a sole proprietorship, La partnership, or 1) a corporation. Services Broker is a member of the __ San Francisco, San Mateo Comty, North Bay Comey Association(s) of REALTORS®, and a subscriber to the : MUSListings,Com, Bareis.com Multiple Usting Services). Broker shall keep Broker's license current during the lenmof this ‘Agreement. : 2 ASSOCIATE-LICENSEE: Associate-Lcensee represents that: (I) he/she Is duly licensed by the State of Califomia as a 1) real estate broker, & realestate salesperson, and (il) he/she has not used any other names within the past five years, except ~ Associte-Licensce shall keep hsfher oense Cuirent dung ine term of this Agreement, Including salistjing all applicable continulng education and Provisional license requirements, - 3, INDEPENDENT CONTRACTOR RELATIONSHIP: A. Broker and Assoclate-Licensee Intend that, to the maximum extent permissible by law: ) This Agreement does not constitute an employment G. The fact the Broker may cary worker compensation insurance for Broker's own benefit and for the mutual benefit of Broker and licensees ‘associated with Broker, including Associate-Licensee, shall not create an inference of employment. (Workers: Compensation Advisory: Even though Associate-Licensees may be tested ax independent contractors for tax and other purposes, the fines of up to $1,000 per agent, not to exceed $100,000 per ‘company,) 4 UCENSED ACTIVITY: Al listings of property, and all agreements, acts or actions for Performance of licensed acts, which are taken or performed in not commit any unlawful act under federal, state or local law or regulation while Conducting fcensed activi. Associate-Licensee shall at all times be feriiar, and comply, with all appicable federal, state and local laws, including, but not limited to, anti-discrimination laws and restrictions against the giving oF accepting a fee, or other thing of value, for the referral of business to tite Companies, escrow companies, home inspection companies, pest control companies and other settlement service providers pursuant to the Califomia Business an Professions Code and the Real Estate Settlement Procedures Acts (RESPA). Broker shall make available for Associate Licensee's tse, along with other licensees associated with Broker, the facilities of the real estate office operated by Broker at 340 Lor: vr te #215 ame, CA 9, O : and the faciiiies of any other office locations made available by Broker Pursuant to this Agreement. ‘The copyright laws of the United States (Tite 17 U.S. Code) forbid the unauthorized Broker's tnitials ‘mprodtction of this form, or any porton therect, by pholecopy machine or any other Associate-Licansee’s Initial means, lnctucdng facsknle of compuleriied formals. Copyright © 19002007, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED. ‘GA REVISED 04/07 (PAGE 1 OF 3) INDEPENDENT CONTRACTOR AGREEMENT (ICA PAGE 1 OF 3) Agent: Dean Asimos Phone; 650-343-6187 Fax: 650-343-6413 Prepared using WINFonns® ‘Softwar Broker; Drake Realty 340 Lorton Ave Ste 215 » Burlingame CA 94010 rep . "9 me EXHIBIT NO.22 DEAN G. ASIMOS SEPTEMBER 12, 2012 J.W. HARBIDGE, CSR.A. TO BROKER: Compensation shall be ‘charged to parties who enter into isting or other Soreements for services requiring a real estate license: 0 as shown in "Exhibit A” attached, which Is Incorporated as a part of this Agreement by teference, of @ as follows: 208 c STOW BROKER, S_FOR LIT TO B. To ASSOCIATE-LICENSEE: Associale-Licensee shall Feceive a share of compensation actually collected by Broker, on listings or other agreements for services requiring a real estate license, which are solicited and obtainéd by Associate-Licensee, and on transactions of which i S Gale-ticensee and one oF more other te on the same side (either isting or selling) of transaction, the commission allocated to their combined activities shall be divided by Broker and ald to them according to their written Sareement. Broker shall have the right to withhold total compensation if there-is a dispute between ‘associate-ticensees, or if there Is no wiitten agreement, or if no written agreement has been Provided to Broker, cote ater termination, Associate-Licensee shall not solit ) prospective or existing clients or customers bees upon company-generated leads oblained during the time Assoclate-Licensee was afiiated with Broker, (i) any principal with existing contractual obligations to Broker, or (tii) any Principal with @ contractual transactional obligation for which Broker is entitled to be compensated. Even after termination, this Agreement shall govern all disputes and claims between Broker and Associate-Licensee connected with their relationship under this Agreement, including obligations Brokers Initials MH Mo) Assoclate-Licensee’s initials (2 j VIS ED Be RUFORNIA ASSOCIATION OF REALTORS®, we, Reviewed i TREVISED Gan eee OF 3) wy i10. DISPUTE RESOLUTION: : A. Mediation: Mediation is recommended as « inethod of resolving disputes arising out ofthis Agreem. uit between Broker and Associate-Licensee, B. Arbitration: All disputes or daims between Associate-Licensee and other licensee(s) associated with Broker, or between Associate-Licensee and Broker, arising from or connected In any way with this Agreement, which cannot be adjusted belween the parts involved, shall be submitted to ‘The Federal Arbitration Act, Tite 9, U.S. Code, Section 1, et seq., shal govern this, 14. AUTOMOBILE: Associate-Licensee shall maintain sutomobile insurance coverage for liability and property damage ‘in the following amounts $ B&B - Broker shall be named as an additional Insured party on Associate-Licensee's policies. A copy of the endorsement showing Broker as an additional insured shall be provided.to Broker. : 12, PERSONAL ASSISTANTS: Associale-Licensee may make use of a pefsonal assistant, provided the following requirements are satisfied. Judgments, awards, costs and atlomey's fees, arising from any action taken or omitted by Associate-Licensee, or others working through, or on behalf of Associate-ticensee in connection with services rendered orto be rendered pursuant to this Agreement. Any such claims or costs payable pursuant to this Agreement, are due as follows: 0 Paid in full by Associate-Licensee, who hereby agrees to indemnify and hold harmless Broker for all such sums, of 1 inthe same ratio as the compensation Split as it existed at the time the compensation was earned by Associate-Licet & Other in_writing, providing a 72 hour notice. Payment from Associate-Licenses is due at the time Broker makes such payment and can be olfsel from any compensation due Associate-Licenses as above, Broker retains the authority to settle claims or disputes, whether or not Associale-Licensee consents to such settlement. 18. ADDITIONAL PROVISIONS: Everett Zhampson to a Provide Broker with a copy of such policy. 16. DEFINITIONS: As used in this Agreement, the following terms have the meanings indicated: (A) “Listing” means an agreement with a property owner or other party to locate a buyer, exchange party, lessee, or other party to a transaction involving real property, mobile home, or other property or transaction which may be brokered by a real estate foenses, or an agreement with a Party to locate or negotiate for any such property or transaction. . . (8) “Compensation” means compensation for acts requiring a real estate license, regartiless of whether calculated as a percentage of transaction price, flat fee, hourty rate, or in any other manner. . (6) "Transaction" means a sale, exchange, lease, or renta of real property, a business opportunity, or a manufactured home, which may lawfully be brokered by a real estate licensee. 47. ATTORNEY FEES: In any action, proceeding, or arbitration between Broker and Associate-Licensee arising from or related to this Agreement, the Prevailing Broker or Associate-Licensee shall be entitled tp reasonable attomey fees and costs. 18. ENTIRE AGREEMENT: All prior agreements between the patties concerning their relationship as Broker and Assoclate-Licensee are incorporated in respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous eral ‘agreement. This Agreement may not be amended, modified, altered, or changed except by a furthel agreement in wring executed by Broker and Associate-icensee. seer: _— Zs L Z Soaee Veen er (Holos x Ker manager ( one) . (Paint. Dean Asimos : US 3 Cute non S (Print ame) aeress 340 Lorton ave #2 = qe Ladnicrsce CA Pye3 ve I bortin 2 IM SE22 23 1.4768 (City, Sata, Zip) Teephone) Fax) 43 — 7 34 3~ ‘Teteprene) Fax) PREY HAS SEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (CAR). NO REPRESENTATION 1S MADE ‘AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY . PROVISION IN ANY SPATE PROFESSIONAL. EN STATE BROIGR 6 THE PERSON QUAUTIED 70 AMIS: ON REA ESTATE: TRANSACTION YOU SEGRCOECA SE, Se form's: se by the entre real est Mis nol intended to enily the user a i ic ‘he fare vababi for uta by te ol chains, ie fend ently th wer REALTOR® REALTOR® is retered colectie membership mark which may be used only by 7] Published and Distbuted by: . | PEALESTATE BUSNESS SERVICES, INC, cc]. 2ubsidlery of he CALIFORMIA ASSOCIATION OF REALTORS® }+ 526 South Virgll Avenue, Los Angeles, Caltomla 90020 [Reviewed by “ICA REVISED 04/07 (PAGE 3 OF 3) . = , INDEPENDENT CONTRACTOR AGREEMENT (ICA PAGE 3 OF 3) Everen Thomps@ @ settlement, and everything else. Nothing was concealed whatsoever. And this is sort of another example of how Mr. Thompson is attempting to strong-arm Mr. Asimos. He knows he's financially pressured. He's suing him. He's making hundred million dollars. It couldn't be clearer that this whole proceeding is an attempt to strong-arm Mr. Asimos into doing what Mr. Thompson wants. And I think the evidence has been clear on all issues. Mr. Asimos did nothing wrong. He simply wanted information from his associate licensee. He refused to provide it, and that's why we ended up here. And we believe that the court has everything that they need to make the proper decision, which we believe will be in favor of the defendant. THE COURT: All right. Does that conclude the arguments? MS. BARSOTTI: Yes, Your Honor. MR. NORRIS: Your Honor, with the exception that I just want the record to reflect, of course, that the plaintiffs of course deny that Mr. Thompson is making a hundred million dollars. I don't want it struck from the record. I think it's relevant, but we deny that. THE COURT: All right. What are the chances that I can get a transcript? US Legal Support 888-575-3376MR. NORRIS: We were discussing that. The court reporter who was here for the majority of the trial had indicated that he could not provide a transcript to the court for that many days until, say -- it would take 20 to 30 days before he could get you copies. I believe if I called the court reporter service, that they will give me a different answer. I hope. And then we can give you transcripts, but we've -- I was discussing with Ms. Barsotti whether we would split the cost on that because we're certainly willing to do that. MS. BARSOTTI: I simply need to know how much it will be, so I can ask my client if that's going to be -- MR. NORRIS: If we say it's five thousand or less, are you willing to split the cost? MS. BARSOTTI: You know, we would like to have a transcript; but we need to know the cost to see if we're able to pay it. THE COURT: Do you want to pick a future date in which we go review the status of the transcript production? MR. NORRIS: Can we -- is there a way that we can informally get back to you and let you know when we'll be able to give them to you? THE COURT: Sure. By e-mail is always convenient. We can always file ex parte communication US Legal Support 888-575-3376then. e-mail. MS. BARSOTTI: Yes, okay. MR. NORRIS: Okay. MS. BARSOTTI: We'll confer and let you know by THE COURT: Okay. And if I get a transcript while the case is under submission, by the time I get the transcript, I can work effectively. It will probably be difficult for me to work just from my notes and my memory. Honor. MS. BARSOTTI: Of course. MR. NORRIS: Agreed. Thank you, Your Honor. MS. BARSOTTI: Thank you very much, Your THE COURT: My pleasure doing business with you and we're adjourned. ALL ATTORNEYS: Thank you, Your Honor. (TIME NOTED: 11:08 a.m.) US Legal Support 888-575-3376