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AU
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Aug-16-2011 1:27 pm
Case Number: CGC-06-457420
Filing Date: Aug-16-2011 1:17
Juke Box: 001 Image: 03300733
TEXT JUDGMENT
PETER FAZIO VS. SWIPE USA LLC et al
001C03300733
Instructions:
Please place this sheet on top of the document to be scanned.CCU wm HN DW Be wD
DPN NY NY NY RY NYY ee ee Se Be ee Be ek
a2 3 Ah FH YN FT SOMA DAA RBH
AUG 16 2011
OF THE COURT
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
PETER FAZIO, CASE NO.: CGC06-457420
Plaintiff, JUDGMENT AFTER COURT TRIAL
VS.
SWIPE USA, LLC, ET. AL.
Defendants.
/
and Related Cross-Actions
The above-entitled case came on regularly for court trial on September 27, 2010 on the
Complaint of Peter Fazio vs. Swipe USA, LLC (CGC-06-457420), the Cross-Complaint of Swipe
USA, LLC vs. Peter Fazio, Money Link, Inc., Nina Borgnis, Ronald Olswang and Does 1-10, and
the consolidated case of Swipe USA, LLC vs, Francesco Covucci (CGC-07-460154) in
Department 306 of the above-entitled court, before the Honorable Gail Dekreon, Judge of the
Superior Court.
The Court filed a proposed Decision and Judgment on April 7, 2011 and received and
considered the parties’ objections and proposals thereto as well as replies of the parties” to the
objections and proposals submitted by opposing parties. On June 3, 2011, the Court filed its
Statement of Decision and Order for Entry of Judgment. After additional comment from
JUDGMENT AFTER COURT TRIAL Page tSs Dm IY A HW F WN
RNY hy NY KR N KR HK GS Be Se Se ewe eB oe eS me
oI AA BON = SOC we IY DA RW N =
counsel for Swipe USA, LLC, on July 21, 2011, the Court issued a “Corrected 7/21/11
Statement of Decision and Order for Entry of Judgment (CRC Rule 3.1590(1))” (hereinafter
“Corrected Statement of Decision and Order for Entry of Judgment”)
For the reasons stated and the factual determinations made in the Corrected Statement of
Decision and Order for Entry of Judgment, which is incorporated herein by this reference, and
good cause appearing therefore:
JUDGMENT is entered in favor of Plaintiff Fazio on his Second Amended Complaint as
follows:
1. Defendant Swipe pay $345, 549.00 on the First and Second Causes of Action for breach
of contract;
2. On their Third Cause of Action for conversion, Defendant Swipe to pay Plaintiff
$93,398.24 plus additional interest earned in California Bank Trust, P.O. Box 489, Lawndale,
California, account ******8§023 (as stated in Trial Exhibit 44);
3. Plaintiff to take nothing on their Fourth Cause of Action for tortious interference with
business relations;
4, Plaintiff to take nothing on their Fifth Cause of Action for intentional interference with
prospective economic advantage,
5. Plaintiff to take nothing on their Sixth Cause of Action for elder abuse;
6. For costs of suit and attorney fees according to proof; and
7. For pre-judgment interest commencing April 17, 2007.
JUDGMENT is entered in favor of Swipe on its First Amended Cross-Complaint as
follows:
1. Defendant/Cross-Complainant to take nothing on their First Cause of Action for breach
of contract;
2. Defendant/Cross-Complainant to take nothing on their Second Cause of Action for
fraud;
3, Defendant/Cross-Complainant to take nothing on their Third Cause of Action for libel
and slander;
JUDGMENT AFTER COURT TRIAL Page 24. Defendant/Cross-Complainant to take nothing on their Fifth Cause of Action for breach
of fiduciary duties;
5. Defendant/Cross-Complainant to take nothing on their Sixth Cause of Action for
Interference with Business and Contractual Relations;
6. Plaintiff Fazio and his assignors to pay Defendant/Cross-Complainant $17,252.00 on
their Seventh Cause of Action for account stated; and
7. Defendant/Cross-Complainant to take nothing on their Eighth Cause of Action for
quantum meruit;
8. Defendant/Cross-Complainant’s request for cost of suit and attorneys fees is denied.
Dated: August £5, 2011
QWL—
GAIL D#KREON
Judge of the Superior Court
JUDGMENT AFTER COURT TRIAL Page 3SUPERIOR COURT OF CALIFORNIA
County of San Francisco
Case Number: CGC-06-457420
PETER FAZIO,
Plaintiff CERTIFICATE OF MAILING
(CCP 1013a (4) )
Vs.
SWIPE USA, LLC, ET. AL,
Defendants,
I, Marsha Smith, a Deputy Clerk of the Superior Court of the County of San Francisco,
certify that I am not a party to the within action.
On August 16, 2011, I served the attached JUDGMENT AFTER COURT TRIAL by
placing a copy thereof in a sealed envelope, addressed as follows:
DONALD TENCONI MARK H. HARRIS
Law Offices of Donald Tenconi Law Offices of Mark H. Harris
1600 South Main Street 2207 J Street
Walnut Creek, CA 94596 Sacramento, CA 95816
and, J then placed the sealed envelopes in the outgoing mail at 400 McAllister Street, San Francisco,
CA. 94102 on the date indicated above for collection, attachment of required prepaid postage, and
mailing on that date following standard court practices.
Dated: August 16, 2011
T. L |, Clerk
By:
(" Mafsha Smith, Deputy Clerk
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AU SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Aug-16-2011 1:27 pm Case Number: CGC-06-457420 Filing Date: Aug-16-2011 1:17 Juke Box: 001 Image: 03300733 TEXT JUDGMENT PETER FAZIO VS. SWIPE USA LLC et al 001C03300733 Instructions: Please place this sheet on top of the document to be scanned.CCU wm HN DW Be wD DPN NY NY NY RY NYY ee ee Se Be ee Be ek a2 3 Ah FH YN FT SOMA DAA RBH AUG 16 2011 OF THE COURT Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO PETER FAZIO, CASE NO.: CGC06-457420 Plaintiff, JUDGMENT AFTER COURT TRIAL VS. SWIPE USA, LLC, ET. AL. Defendants. / and Related Cross-Actions The above-entitled case came on regularly for court trial on September 27, 2010 on the Complaint of Peter Fazio vs. Swipe USA, LLC (CGC-06-457420), the Cross-Complaint of Swipe USA, LLC vs. Peter Fazio, Money Link, Inc., Nina Borgnis, Ronald Olswang and Does 1-10, and the consolidated case of Swipe USA, LLC vs, Francesco Covucci (CGC-07-460154) in Department 306 of the above-entitled court, before the Honorable Gail Dekreon, Judge of the Superior Court. The Court filed a proposed Decision and Judgment on April 7, 2011 and received and considered the parties’ objections and proposals thereto as well as replies of the parties” to the objections and proposals submitted by opposing parties. On June 3, 2011, the Court filed its Statement of Decision and Order for Entry of Judgment. After additional comment from JUDGMENT AFTER COURT TRIAL Page tSs Dm IY A HW F WN RNY hy NY KR N KR HK GS Be Se Se ewe eB oe eS me oI AA BON = SOC we IY DA RW N = counsel for Swipe USA, LLC, on July 21, 2011, the Court issued a “Corrected 7/21/11 Statement of Decision and Order for Entry of Judgment (CRC Rule 3.1590(1))” (hereinafter “Corrected Statement of Decision and Order for Entry of Judgment”) For the reasons stated and the factual determinations made in the Corrected Statement of Decision and Order for Entry of Judgment, which is incorporated herein by this reference, and good cause appearing therefore: JUDGMENT is entered in favor of Plaintiff Fazio on his Second Amended Complaint as follows: 1. Defendant Swipe pay $345, 549.00 on the First and Second Causes of Action for breach of contract; 2. On their Third Cause of Action for conversion, Defendant Swipe to pay Plaintiff $93,398.24 plus additional interest earned in California Bank Trust, P.O. Box 489, Lawndale, California, account ******8§023 (as stated in Trial Exhibit 44); 3. Plaintiff to take nothing on their Fourth Cause of Action for tortious interference with business relations; 4, Plaintiff to take nothing on their Fifth Cause of Action for intentional interference with prospective economic advantage, 5. Plaintiff to take nothing on their Sixth Cause of Action for elder abuse; 6. For costs of suit and attorney fees according to proof; and 7. For pre-judgment interest commencing April 17, 2007. JUDGMENT is entered in favor of Swipe on its First Amended Cross-Complaint as follows: 1. Defendant/Cross-Complainant to take nothing on their First Cause of Action for breach of contract; 2. Defendant/Cross-Complainant to take nothing on their Second Cause of Action for fraud; 3, Defendant/Cross-Complainant to take nothing on their Third Cause of Action for libel and slander; JUDGMENT AFTER COURT TRIAL Page 24. Defendant/Cross-Complainant to take nothing on their Fifth Cause of Action for breach of fiduciary duties; 5. Defendant/Cross-Complainant to take nothing on their Sixth Cause of Action for Interference with Business and Contractual Relations; 6. Plaintiff Fazio and his assignors to pay Defendant/Cross-Complainant $17,252.00 on their Seventh Cause of Action for account stated; and 7. Defendant/Cross-Complainant to take nothing on their Eighth Cause of Action for quantum meruit; 8. Defendant/Cross-Complainant’s request for cost of suit and attorneys fees is denied. Dated: August £5, 2011 QWL— GAIL D#KREON Judge of the Superior Court JUDGMENT AFTER COURT TRIAL Page 3SUPERIOR COURT OF CALIFORNIA County of San Francisco Case Number: CGC-06-457420 PETER FAZIO, Plaintiff CERTIFICATE OF MAILING (CCP 1013a (4) ) Vs. SWIPE USA, LLC, ET. AL, Defendants, I, Marsha Smith, a Deputy Clerk of the Superior Court of the County of San Francisco, certify that I am not a party to the within action. On August 16, 2011, I served the attached JUDGMENT AFTER COURT TRIAL by placing a copy thereof in a sealed envelope, addressed as follows: DONALD TENCONI MARK H. HARRIS Law Offices of Donald Tenconi Law Offices of Mark H. Harris 1600 South Main Street 2207 J Street Walnut Creek, CA 94596 Sacramento, CA 95816 and, J then placed the sealed envelopes in the outgoing mail at 400 McAllister Street, San Francisco, CA. 94102 on the date indicated above for collection, attachment of required prepaid postage, and mailing on that date following standard court practices. Dated: August 16, 2011 T. L |, Clerk By: (" Mafsha Smith, Deputy Clerk