Preview
1 |} Port J. Parker, SBN 179256
Jeffrey S. Einsohn, SBN 260150
2 || PARKER LAW GROUP ATTORNEYS
3 A Professional Corporation eTI ep
555 Capitol Mall, Suite 1230 a ifornia
4|| Sacramento, CA 95814 Supe Placer
Telephone: (916) 996-0400 APR 1S ao
5 || Facsimile: (916) 668-5760 vol Si
6 Clerk
Exect ott nny
|| Attomeys for TODD JARVIS By: L.Sandere, Dep
8
g SUPERIOR COURT OF CALIFORNIA
» IN AND FOR THE COUNTY OF PLACER
a
3 ROBIN ELIZABETH CALDER, Case No. SCV-0043237
o 5 Plaintiff, COMPENDIUM OF EVIDENCE IN
v. SUPPORT OF MOTION FOR SUMMARY
= JUDGMENT OR IN THE ALTERNATIVE
< : TODD JARVIS and DOES 1 through 50, SUMMARY ADJUDICATION
g inclusive,
o
x Defendants. Date: August 7, 2020
mw Time: 8:30 a.m.
e eae BY FAX
18 Complaint Filed: — June 1, 2018
Current Trial Date: August 3, 2020
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" The following evidence is submitted in support of Plaintiff Todd Jarvis’s Motion for Summary
» Judgment or in the Alternative Summary Adjudication:
23
oa. EXHIBIT DESCRIPTION
25 1. Robin Calder’s Complaint with attachments, filed on June 1, 2018.
2% {Subject to Judicial Notice) _|
7 Bs Excepts from the Deposition of Robin Calder dated March 13, 2020.
28 {Authenticated by the Declaration of Jeffrey S$. Einsohn)
COMPENDIUM OF EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR IN THE
ALTERNATIVE SU MARY, ADJUDICATIONPARKER LAW GROUP
"555 Copitol Mal, Sulla 1200 Sacramento, CA 95614
IL
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Robin Calder’s Application for Professional Liability Insurance (Zurich), dated
August 5, 2009,
(Authenticated by the Declaration of Todd Jarvis)
Robin Calder’s Application for Professional Liability Insurance (Archer), dated
July 12, 2009.
(Authenticated by the Declaration of Todd Jarvis)
Declaration of Todd Jarvis in Support of Motion for Summary Judgment or in
| the Alternative Summary Adjudication.
Declaration of Jeffrey $. Einsohn in Support of Motion for Summary Judgment
| or in the Alternative Summary Adjudication.
Robin Calder’s Invoices for services performed in January 2009
(Authenticated by the Declaration of Jeffrey S. Einsohn)
Robin Calder’s Final Invoice for services in November 2015
(Authenticated by the Declaration of Jeffrey S$. Einsohn)
Order Denying Motion for Change of Venue dated September 7, 2011, entered
in Monterey County Superior Court Case No. P31598.
(Subject to Judicial Notice)
10.
Order Awarding Petitioner Attorneys’ Fees on Writ and Appellate Proceedings
and Costs on Appeal dated March 4, 2015, entered in Monterey County Superior
Court Case No. P31598.
(Subject to Judicial Notice)
Assignment of the Two Sanctions Orders to Jarvis dated July 21, 2017.
{Authenticated by the Declaration of Jeffrey S. Einsohn)
Acknowledgement of Satisfaction of Judgment for the September 7, 2011 Order,
dated September 12, 2018, entered in Monterey County Superior Court Case No.
P31598.
{Subject to Judicial Notice)
COMPENDIUM OF EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR EN THE
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LTERNATIVE ouNaRY. ADJUDICATIONa
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Acknowledgement of Satisfaction of Judgment for the March 4, 2015 Order,
dated September 12, 2018, entered in Monterey County Superior Court Case No.
P31598.
(Subject to Judicial Notice)
14,
Order Denying Order to Show Cause Re: Staying Execution of Judgment,
Staying Enforcement of Judicial Liens, and Post-Judgment Proceedings dated
August 27, 2018, entered in Monterey County Superior Court Case No. P31598.
(Subject to Judicial Notice)
1S.
Robin Calder’s Responses to Special Interrogatories dated March 11, 2020.
(Authenticated by the Declaration of Jeffrey S. Einsohn)
16.
Todd Jarvis’s Complaint against Robin Calder, Jarvis v. Calder, Placer County
Superior Court Case No. SCV 0039929
DATED: April 13, 2020
PARKER LAW GROUP ATTORNEYS
A Professional Corporation
pa aie
PORT J. PARKER
JEFFREY S. EINSOHN
Attorneys for TODD JARVIS
COMPENDIUM OF EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR IN THE
ALTERNATIVE SUMMARY ADJUDICATIONEXHIBIT “1”Ce YA DA HW F WN
RPNP eR PRPRNRRE RGR EF Rere
ot A Bw N § S Ge Aa A mH PF wD NY SH S
LAWRENCE D. MILLER, SBN 77448
LAW OFFICE OF LAWRENCE D. MILLER
Post Office Box 6107
San Mateo, CA 94403
Telephone: (650) 592-9151
Attorney for Plaintiff
E-FILED
6/1/2018 12:13 PM
Clerk of Court
Superior Court of CA,
County of Santa Clara
18CV329258
Reviewed By: A. Hwang
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
ROBIN ELIZABETH CALDER,
Plaintiff,
v.
TODD JARVIS; JOHN L. McDONNELL, JR.,
TRUSTEE OF THE JARVIS REPLACEMENT
ADMINISTRATIVE TRUST; REED SMITH,
LLP; HARTOG, BAER & HAND, A
PROFESSIONAL CORPORATION;
CHRISTOPHER CAMPBELL; HEISINGER,
BUCK & MORRIS, A LAW FIRM; LESLIE
HAUSRATH; WENDEL, ROSEN, BLACK &
DEAN, LLP, A LAW FIRM; and Does 1 through
50, inclusive,
Defendants.
Plaintiff alleges:
Case No. 18CV329258
COMPLAINT FOR MONEY,
DECLARATORY RELIEF,
CONVERSION, INTERFERENCE WITH
PROSPECTIVE ECONOMIC
ADVANTAGE, AND CONSTRUCTIVE
TRUST
ALLEGATIONS COMMON TO ALL COUNTS
1. Plaintiff is a competent adult.
2. This action is filed in this county because a Defendant entered into the contract here, a
Defendant lived here when the contract was entered into, a Defendant lives here now, or the contract was
to be performed here.
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COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]com RAH Bw NY He
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3. Plaintiff is ignorant of the true names and capacities of Defendants sued herein as Does 1
through 50, inclusive, and therefore sues these Defendants by such fictitious names. Plaintiff will amend
this complaint to allege their true names and capacitics when ascertained,
4. Plaintiff is informed and believes and based thereon alleges that at all times mentioned herein
each Defendant was the agent and employee of each remaining Defendant and in doing the things herein
alleged was acting within the course and scope of such agency and with the permission and consent of
their co-Defendants,
5. This action is not subject to the provisions of Sections 1812.10 or 2984.4 of the Civil Code.
6. Plaintiff is informed and believes and based on such information and belief, alleges that at all
times herein mentioned Defendants, John L. McDonnell, Jr, and Does 11 through 20, inclusive were the
duly appointed and acting Trustees of the Jarvis Replacement Administrative Trust under an Agreement
among Todd Henry Jarvis, James Alvin Jarvis, various family entities for which each of the Jarvis
brothers were responsible, and John L. McDonnell, Jr., per trust instrument to be effective on May 28,
2004 (hereafter “the Trust”).
7. Plaintiff is informed and believes and based on such information and belief, alleges
Defendants, John L. McDonnell, Jr., and Does 11 through 20, inclusive were the duly appointed and
acting Trustees of the Trust acting for and on behalf of the Trust in cases named In re the Jarvis Family
Trusts filed in the Superior Court of the State of California for the County of Monterey bearing Case
Number P31598 (hereafter “the Jarvis Family Trust cases”).
8. Defendants, Reed Smith, LLP, is, and at all times herein mentioned was a law firm whose
members were at all times herein mentioned attorneys duly licensed to practice law in the state of
California. Defendants, Hartog, Baer & Hand, a Professional Corporation is, and all times herein
mentioned was, a law firm whose members were at all times herein mentioned attorneys duly licensed to
practice law in the state of California, Defendants, Christopher Campbell, and Does 21 through 30, are,
and at all times herein mentioned were, attorneys duly licensed to practice law in the state of California
and were acting for and on behaif of Heisinger, Buck & Morris, a Law Firm whose members were at all
times herein mentioned attorneys duly licensed to practice law in the state of California. Defendants,
Leslie Hausrath, and Does 41 through 50, are and at all times herein mentioned were, attorneys duly
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COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]eC oe a A A PR YN
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licensed to practice law in the state of California and were acting for and on behalf of Wendel, Rosen,
Black & Dean, LLP, a law firm whose members were at all times herein mentioned attorneys duly
licensed to practice law in the state of California.
FIRST CAUSE OF ACTION
[Breach of Written Contract as to Defendants, Todd Jarvis and
Does 1 through 10, Inclusive]
9. Plaintiff refers to and incorporates herein each and every allegation of paragraphs | through 8,
inclusive, as though set forth in full.
10. On or about January 1, 2009, a written agreement (hereafter “the Contract”) was made
between Plaintiff and Defendants, Todd Jarvis, and Does | through 10, inclusive, a copy of which
agreement is marked Exhibit A, attached hereto, referred to and incorporated herein as though set forth in
full.
11. On or about July 30, 2015, Defendants, Todd Jarvis, and Does 1 through 10, inclusive,
breached the Contract by failing to pay to Plaintiff the balance due pursuant to the terms of the Contract
although demand was made therefore.
12. Plaintiff has performed all obligations to Defendants except those obligations Plaintiff was
prevented or excused from performing.
13. On or about June 30, 2015, Defendants, Todd Jarvis, and Does 1 through 10, inclusive, paid
to Plaintiff the sum of $1,281 on account of the Contract.
14, On or about March 30, 2018, Plaintiff did mail to Defendant, Todd Jarvis, a Notice of Client's
Right to Arbitration of attorney's fees, a copy of which is marked Exhibit B, attached hereto, referred to
and incorporated herein as though set forth in full, pursuant to the provisions of California Business and
Professions Code Sections 6200-6206. This notice was mailed to the Defendants’ address with the proper
postage affixed.
15. Plaintiff suffered damages legally and proximately caused by Defendants' breach of the
agreement in that there is due, owing and unpaid as of May 5, 2018, to Plaintiff the sum of $1,017,299
together with interest thereon as set forth on Exhibit C plus $278.71 per day from and after May 6, 2018.
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‘COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]a a ee a
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SECOND CAUSE OF ACTION
[Open Book Account as to Defendants, Todd Jarvis, and
Does 1 through 10, Inclusive]
16. Plaintiff refers to and incorporates herein each and every allegation of the First Cause of
Action as though set forth in full.
17. Within 4 years last past Defendants, Todd Jarvis, and Does 1 through 10, inclusive, became
indebted to Plaintiff on an open book account for money due in the sum of $1,017,299 for legal services
rendered to Defendants, Todd Jarvis, and Does 1 through 10, inclusive, by Plaintiff at the special
insistence and request of Defendants, Todd Jarvis, and Does 1 through 10, inclusive, and for which
Defendants, Todd Jarvis, and Does 1 through 10, inclusive, agreed to pay the sum of $1,017,299 together
with interest thereon as set forth on Exhibit C plus $278.71 per day on and after May 6, 2018.
18. No part of the above sum has been paid except Defendants have been credited with the sum of}
$316,191.00 notwithstanding that Plaintiff has demanded payment therefore and there is now due, owing,
and unpaid from Defendants, Todd Jarvis, and Does 1 through 10, inclusive, ¢o Plaintiff the sum of
$1,017,299 together with interest thereon as set forth on Exhibit C plus $278.71 per day from and after
May 6, 2018.
THIRD CAUSE OF ACTION
(Reasonable Value as to Defendants, Todd Jarvis, and
Does 1 through 10, Inclusive]
19. Plaintiff refers to and incorporates herein each and every paragraph of the First and Second
Causes of Action as though set forth in full.
20. Within 4 years last past Defendants, Todd Jarvis, and Does 1 through 10, inclusive, became
indebted to Plaintiff for the reasonable value of legal services rendered to Defendants, Todd Jarvis, and
Does | through 10, inclusive, by Plaintiff at the special insistence and request of Defendants, Todd Jarvis,
and Does 1 through 10, inclusive, for which Defendants, then and there, promised to pay Plaintiff the
reasonable value of such legal services.
21. Atall times herein mentioned, the above legal services and materials were and are of the
reasonable value of $1,163,330.50.
22. No part of the above sum has been paid except Defendants have been credited with the sum 0
$316,191.00 notwithstanding that Plaintiff has demanded payment therefore, and there is now due,
ads
COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]Cc mY DA BF BW NY &
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owing, and unpaid from Defendants, Todd Jarvis, and Does 1 through 10, inclusive, to Plaintiff the sum
of $1,017,299 together with interest thereon as set forth on Exhibit C plus $278.71 per day on and after
May 6, 2018.
FOURTH CAUSE OF ACTION
[Indemnity as to Defendants, Todd Jarvis, and
Does 1 through 10, Inclusive]
23, Plaintiff refers to and incorporates herein paragraphs 1 through 8, inclusive, and paragraph 10
of the First Cause of Action as though set forth in full.
24. At Section 2, paragraph 3 of the Contract, Defendants, Todd Jarvis, and Does 1 through 10,
inclusive, agreed to indemnify, defend, protect and hold Plaintiff harmless from and against all liabilities,
damages, lawsuits or other proceedings filed by John L. McDonnell, Jr., trustee, among others, against
Plaintiff arising out of or related to Plaintiff's representation of Defendants, Todd Jarvis, and Does 1
through 10, inclusive, including, but not limited to Plaintiff's representation of Defendants, Todd Jarvis,
and Does 1 through 10, inclusive, in the Jarvis Family Trusts cases.
25. Plaintiff represented Defendants, Todd Jarvis, and Does | through 10, inclusive, in the Jarvis
Family Trusts cases, On or about September 7, 2011 and March 4, 2015, orders were entered in favor of
Petitioner, John L. McDonnell, Jr., Trustee, awarding attorney’s fees against Plaintiff in Plaintiff's
capacity as counsel for Defendant herein, Todd Jarvis, in the sums of $4,812.00 and $59,560.66,
respectively in the Jarvis Family Trusts cases (hereafter “the Orders”) and Plaintiff is entitled to recover
all of Plaintiff’s legal fees, costs and expenses arising out of or related to Plaintiff's defense against said
Orders and this dispute according to proof.
26. Plaintiff has performed all the conditions and obligations to be performed on her part under
her agreement with Defendants, Todd Jarvis, and Does 1 through 10, inclusive, as heretofore alleged in
paragraph 12,
27. By reason of the foregoing, Plaintiff is entitled to be indemnified by Defendants, Todd Jarvis,
and Does 1 through 10, inclusive in the sums of $4,812.00 plus interest from September 7, 2011, and
$59,560.66 plus interest from March 4, 2015, at the rate of ten percent per annum until paid, but
Defendants, Todd Jarvis, and Does | through 10, inclusive, have not paid any part of this sum to Plaintiff.
28. Plaintiff is informed and believes and based upon such information and belief alleges that the
“5.
COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]Oo wm TY Aw FB HN
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orders were assigned by John L. McDonnell, Jr., Trustee, in his capacity as the Petitioner in the Jarvis
Family Trusts cases, to Defendants, Todd Jarvis, and Does 1 through 10, inclusive. That by virtue of said
assignment Plaintiff is entitled to offset the Orders against Plaintiff's right of indemnity against
Defendants, Todd Jarvis, and Does 1 through 10, inclusive, and in the alternative against the funds owed
Plaintiff as alleged in the First through Fourth Causes of Action.
FIFTH CAUSE OF ACTION
{Declaratory Relief as to Defendants, Todd Jarvis, and
Does 1 through 10, Inclusive]
29. Plaintiff refers to and incorporates herein paragraphs | through 5, inclusive, and paragraph 10
of the First Cause of Action and paragraphs 24 through 28 of the Fourth Cause of Action as though set
forth in full.
30. Plaintiff is informed and believes and based upon such information and belief alleges that an
actual controversy has arisen and now exists between Plaintiff, and Defendants, Todd Jarvis, and Does 1
through 10, inclusive, in that said Defendants contend the Orders against Plaintiff recovered in the Jarvis
Family Trusts cases, are in full force and effect and have not been satisfied whereas Plaintiff contends that}
the Orders have been satisfied by virtue of Section 2 at paragraph 3 of the Contract and the assignment of
the Orders to Defendants, Todd Jarvis, and Does 1 through 10, inclusive, and are therefore of no force or
effect.
31. Plaintiff desires a judicial determination of her rights and a declaration as to whether the
Orders have been satisfied and are therefore no longer of any force or effect and Plaintiff's entitlement to
recover all of Plaintiff's legal fees, costs and expenses arising out of or related to Piaintiff’s defense
against said Orders and this dispute according to proof.
32. A judicial declaration is necessary and appropriate at this times under the circumstances in
order that Plaintiff may ascertain Plaintiff's and Defendants’, Todd Jarvis and Does 1 through 10,
inclusive, rights, regarding the Orders.
Hitt
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COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]oC me I KH HH
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SIXTH CAUSE OF ACTION
{Conversion as to Defendants, John L. McDonnell, Jr., Trustee of the Jarvis Replacement
Administrative Trast; Reed Smith, LLP; Harteg, Baer & Hand, a Professional Corporation;
Christopher Campbell, Heisinger, Buck & Morris, a Law Firm; Leslie Hausrath, Wendel, Rosen,
Black & Dean, LLP, a Law Firm]
33. Plaintiff refers to and incorporates herein paragraphs 1 through 8, inclusive, and each and
every paragraph of the First, Second, Third, and Fourth Causes of Action as though set forth in full.
34. The Contract, wherein the term “You” refers to Defendants, Todd Jarvis, and Does 1 through
10, inclusive, and the term “me” refers to Plaintiff, provides, in part: “LIEN. You hereby grant me a lien
on each and all claims or causes of action that are the subject of the representation under this Agreement.
The lien will be for any sums owing to me at the conclusion of services performed. The lien will attach to
any recovery you may obtain, whether by arbitration award, judgment, settlement or otherwise...”
35. Plaintiff represented and provided legal services to Defendants, Todd Jarvis, and Does 1
through 10, inclusive, in and related to the Jarvis Family Trusts cases, which services included the Scope
and Genral Nature of Services to be Provided to You (The “Client”) as set forth in paragraph number | of
the Contract (hereafter “the Claims”).
36. Plaintiff is further informed and believes and based on such information and belief, alleges
that Defendants, Reed Smith, LLP, Hartog, Baer & Hand, a Professional Corporation and Does 31
through 40, inclusive; Defendants, Christopher Campbell, and Heisinger, Buck & Morris, a Law Firm,
and Does 21 through 30; Defendants, Leslie Hausrath, and Wendel, Rosen, Black & Dean, LLP, a Law
Firm, and Does 41 through 50, were during the times herein mentioned the agents of Defendants, John L.
McDonnell, Jr., and Does 11 through 20, inclusive.
37. Plaintiff is informed and believes and based upon such information and belief alleges that
within 3 years last past, Defendants, Reed Smith, LLP, Defendants, Hartog, Baer & Hand, a Professional
Corporation and Does 31 through 40, inclusive; Defendants, Christopher Campbell, and Heisinger, Buck
& Morris, a Law Firm and Does 21 through 30; Defendants, Leslie Hausrath, and Wendel, Rosen, Black
& Dean, LLP, a Law Firm and Does 41 through 50, acting for and on behalf of Defendants, John L.
McDonnell, Jr. and Does 11 through 20, inclusive, in settlement of the Claims by Defendants, Todd
Jarvis, and Does | through 10, inclusive, paid Defendants, Todd Jarvis, and Does 1 through 10, inclusive,
in excess of $3,000,000 or such other sum according to proof. Plaintiff will seek leave of Court to amend
aye
COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]eC em AW A Hh RF WN
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this complaint to allege the amount Defendants, Todd Jarvis and Does | through 10, inclusive received
from or on behalf of the Trust when said sum is ascertained.
38. Within 3 years last past, Plaintiff became entitled to payment of Plaintiff's lien on the
proceeds of the settlement between Defendants, John L. McDonnell, Jr., and Does 11 through 20,
inclusive, and Defendants, Todd Jarvis, and Does 1 through 10, inclusive, and Plaintiff is still entitled to
payment of her lien in the amount of $1,017,299 together with interest thereon as set forth on Exhibit C
plus $278.71 per day on and after May 6, 2018.
39. The value of Plaintiff's services to Defendants, Todd Jarvis and Does 1 through 10, inclusive,
through the time Plaintiff ceased Plaintiff’s representation of Defendants, Todd Jarvis and Does 1 through
10, inclusive, in the aforementioned matters is $1,163,330.50. There is now due, owing, and unpaid from
Defendants, Todd Jarvis, and Does 1 through 10, inclusive, to Plaintiff the sum of $1,017,299 together
with interest thereon as set forth on Exhibit C plus $278.71 per day on and after May 6, 2018.
40. As a proximate result of Defendants’ conversion, Plaintiff has been damaged in the sum of
$1,017,299 together with interest thereon as set forth on Exhibit C plus $278.71 per day on and after May
6, 2018,
SEVENTH CAUSE OF ACTION
[Negligence as to as to Defendants, John L. McDonnell, Jr., Trustee of the Jarvis Replacement
Administrative Trust; Reed Smith, LLP; Hartog, Baer & Hand, a Professional Corporation;
Christopher Campbell, Heisinger, Buck & Morris, a Law Firm; Lestie Hausrath, Wendel, Rosen,
Black & Dean, LLP, a Law Firm]]
41. Plaintiff refers to and incorporates herein each and every paragraph of the Sixth Cause of
Action as though set forth in full.
42, Plaintiff is informed and believes and based upon such information and belief alleges that
Defendants, John L. McDonnell, Jr., and Does 11 through 20, inclusive, and Defendants, Reed Smith,
LLP, Hartog, Baer & Hand, a Professional Corporation, and Does 31 through 40, inclusive; Defendants,
Christopher Campbell, and Heisinger, Buck & Morris, a Law Firm and Does 21 through 30; Defendants,
Leslie Hausrath, and Wendel, Rosen, Black & Dean, LLP, a Law Firm and Does 41 through 50, acting for}
and on behalf of Defendants, John L. McDonnell, Jr., and Does 11 through 20, inclusive, negligently
failed to pay Plaintiff the sum of $1,017,299 together with interest thereon as set forth on Exhibit C plus
$278.71 per day on and after May 6, 2018 or such other sum as is and was due Plaintiff.
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COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]Cwm tN A A BBW we
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EIGHTH CAUSE OF ACTION
z [Interference with pal tS BESOVE Economic Advantage as to Defendants, John L. McDonnell, Jr.,
‘rustee of the Jarvis Replacement Administrative Trust; Reed Smith, LLP; Hartog, Baer & Hand,
a Professional Corporation; Christopher Campbell, Heisinger, Buck & Morris, a Law Firm; Leslie
Hausrath, Wendel, Rosen, Black & Dean, LLP, a Law Firm]]
43. Plaintiff refers to and incorporates herein each and every paragraph of the Sixth Cause of
Action as though set forth in full.
44. Within 2 years last past, Plaintiff discovered that Defendants, John L. McDonnell, Jr. and
Does 11 through 20, inclusive and Defendants, Reed Smith, LLP, Hartog, Baer & Hand, a Professional
Corporation, and Does 31 through 40, inclusive; Defendants Christopher Campbell, and Heisinger, Buck
& Morris, a Law Firm and Does 21 through 30; Defendants, Leslie Hausrath, and Wendel, Rosen, Black
& Dean, LLP, a Law Firm and Does 41 through 50, acting for and on behalf of Defendants, John L.
McDonnell, Jr. and Does 11 through 20, inclusive, intentionally and wrongfully interfered with Plaintiff's
right to the proceeds of the Claims by failing to pay to Plaintiff the amount due Plaintiff or any amount
whatsoever.
NINTH CAUSE OF ACTION
[Breach of Constructive Trust as to Defendants, John L. McDonnell, Jr., Trustee of the Jarvis
Replacement Administrative Trust; Reed Smith, LLP; Hartog, Baer & Hand, a Professional
Corporation; Christopher Campbell, Heisinger, Buck & Morris, a Law Firm; Leslie Hausrath,
Wendel, Rosen, Black & Dean, LLP, a Law Firm]]
45. Plaintiff refers to and incorporates herein each and every paragraph of the Sixth Cause of
Action as though set forth in full.
46. Plaintiff is informed and believes and based upon such information and belief alleges that
Defendants, Reed Smith, LLP, Hartog, Baer & Hand, a Professional Corporation and Does 32 to 40,
inclusive; Defendants, Christopher Campbell, and Heisinger, Buck & Morris, a Law Firm and Does 21
through 30; Defendants, Leslie Hausrath and Wendel, Rosen, Black & Dean, LLP, a Law Firm and Does
41 through 50, acting for and on behalf of Defendants, John L. McDonnell, Jr. and Does 11 through 20,
inclusive, held, for the benefit of those entitled thereto, settlement proceeds from the Claims. Plaintiff was
entitied to a portion of said proceeds in the sum of $1,017,299 together with interest thereon as set forth
on Exhibit C plus $278.71 per day on and after May 6, 2018 or such other sum as is and was due Plaintiff,
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COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]Cc mY DAH & BW NY
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47. Plaintiff is informed and believes and based upon such information and belief alleges that
Defendants, Reed Smith, LLP, Hartog, Baer & Hand, a Professional Corporation and Does 31 through 40,
inclusive; Defendants, Christopher Campbell, and Heisinger, Buck & Morris, a Law Firm and Does 21
through 30; Defendants, Leslie Hausrath and Wendel, Rosen, Black & Dean, LLP, a Law Firm and Does
41 through 50, acting for and on behalf of Defendants, John L, McDonnell, Jr. and Does 11 through 20,
inclusive, with the intent to deprive Plaintiff of the proceeds of the Claims to which Plaintiff is entitled,
have failed and refused and continue to fail and refuse to pay to Plaintiff $1,017,299 together with interest}
thereon as set forth on Exhibit C plus $278.71 per day on and after May 6, 2018 or such other sum as is
and was due Plaintiff.
WHEREFORE, Plaintiff prays judgment against Defendants, and each of them, as follows:
AS TO THE FIRST THROUGH THIRD CAUSES OF ACTION:
i. For compensatory damages in the sum of $1,017,299;
2. For interest on the sums and from the dates and at the rate set forth on Exhibit C plus $278.71
per day from and after May 6, 2018;
AS TO THE FOURTH CAUSE OF ACTION:
3. For compensatory damages in the sums of $64,372.66;
4. For interest on the sums of $4,312.00 and $59,560.66 from and after September 7, 2011, and
March 4, 2015, respectively at the rate of 10 percent per annum;
5. For Plaintiff's legal fees, costs and expenses arising out of or related to Plaintiff's defense
against said Orders and this dispute according to proof,
AS TO THE FIFTH CAUSE OF ACTION:
6. For a declaration that the orders have been satisfied and are of no further force or effect;
7, For Plaintiff's legal fees, costs and expenses arising out of or related to Plaintiff's defense
against said Orders and this dispute according to proof;
AS TO THE SIXTH THROUGH NINTH CAUSES OF ACTION
8. For compensatory damages in the sum of $1,017,299;
9. For interest on the sums and from the dates and at the rate set forth on Exhibit C plus $278.71
per day from and after May 6, 2018;
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AS TO ALL CAUSES OF ACTION:
10. For costs of suit herein incurred; and
11. For such other and further relief as the court may deem proper.
Dated: March 31, 2018
/s/ Lawrence D, Miller
LAWRENCE D. MILLER
Attorney for Plaintiff
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VERIFICATION
STATE OF CALIFORNIA, COUNTY OF SAN MATEO
I, the undersigned, say:
I am a party to this action. I have read the COMPLAINT FOR MONEY, DECLARATORY
RELIEF, CONVERSION, INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE,
AND CONSTRUCTIVE TRUST and know its contents. The matters stated in it are true of my own
knowledge.
I declare under penalty of perjury under the laws of the state of California that the foregoing is trug
and-correct,
Executed on June _/ _, 2018 at Roseville, Califo
«12.
COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]Exhibit “A”ROBIN CALDER, ATTORNEY AT LAW
59 WASHINGTON STREET, SUITE 182
SANTA CLARA, CALIFORNIA 95050
Email: robincalderla cast.net
PHONE: 408-896-7022
January 1, 2009
TODD JARVIS HAND DELIVERED
509 Monterey Avenue
Los Gatos, California 95030
Re: Prepared In Connection with Settlor Buyout Negotiations And Upcoming Caltrans
Eminent Domain Action Against Real Estate Owned By The Trustee Of The Ten-Year
Irrevocable Jarvis Replacement Administrative Trust, A California Trust In Which
Client Todd Jarvis Has 50% Interests 4nd Owned By Jarvis Properties, a California
Limited Partnership In Which Client Todd Jarvis Is A General Partner Subject To
Certain Management Authority Of The Trust
ATTORNEY-CLIENT FEES AND COSTS AGREEMENT
Dear Todd:
Tam writing to confirm that you have retained my firm and me to provide legal services
to you. This letter summarizes my understanding of the work you wish me to perform and
confirms the terms and conditions of my engagement by you.
This fee agreement states:
(a) The basis for compensation including, but not limited to, hourly rates, statutory
or flat fees, and other standard rates, fees and charges;
(b) The general nature of the legal services to be provided; and
(<) The responsibilities of attorney and client under this agreement.
As SCOPE AND GENERAL NATURE OF SERVICES TO BE PROVIDED TO
YOU (THE "CLIENT"): You are retaining my firm to provide legal services in the following
matters:
© assist You regarding an upcoming Caltrans eminent domain action or actions
against real property owned by the ten-year irrevocable inter vivos Jarvis
Replacement Administrative Trust, created per trust instrument dated May 28,
2004 ("Jarvis Replacement Administrative Trust” or “ Trust”) and Jarvis
Properties, a California limited partnership ("Jarvis Properties, LP') and
potentially You in either Your individual capacity or as a beneficiary,
remainderman and partner of the foregoing family business entities;
© assist You with matters pertaining to Your beneficiary and partnership
interests in the Trust and Jarvis Properties, LP, or as otherwise agreed by us,Letter to Todd Jarvis
January 1, 2009
Re: Attorney-Client Fees and Costs Agreement
Page 2
regarding personal matters affected by those entities including, without
limitation, Your interest in the real property owned by those entities and any
sale of your beneficial, remainderman or other interests to co-settlor James
Jarvis and his family or otherwise; and
* as otherwise may be needed to protect Your interests in the Jarvis Farm
(located at 432 Espinosa Road, Salinas, California in the County of
Monterey) and the 3.1 acres located directly across Highway 101 from the
Jarvis Farm in the City of Salinas, which includes approximately 1.1 acres on
which three rental houses are located and an adjacent undeveloped but zoned
2-acre parcel.
The types of work to be done by me may be transactional (such as negotiating
agreements) or litigation, or more likely assisting with litigation, depending on Your needs and
wishes.
It is understood and agreed that I may, and probably will, interface with other attorneys,
including especially litigators, hired by You to act on Your behalf but will NOT have
independent liability for their actions.
I will take reasonable steps to keep You informed of progress and to respond to Your
inquiries. Ifa court action is filed, I will, if You wish, assist Your trial counsel or otherwise
represent You in connection with pre-trial, discovery, trial and post-trial motions as well as any
appeal.
2. CLIENT'S RESPONSIBILITIES AND AGREEMENTS, You as the Client
agree to be truthful with me, to cooperate, to keep me informed of any information or
developments that may come to Your attention, to abide by this Agreement, to pay my bills, and
to keep me advised of Your address, telephone number and whereabouts at all times. You will
assist me in providing necessary information and documents and will appear when necessary at
legal proceedings.
For purposes of this Agreement, at this point, You as the Client may pay towards the
amounts owed to me in monthly increments of no less than $3,400 or such greater amount as we
may agree to from time to time. Periodically you will make reasonable efforts to bring my bill
current, including at the end of each calendar year. You will remain responsible for the entire
amount of my fees charged, which will be all due and payable if either of us terminate my
services to you as provided below, subject to Your rights to a reasonable resolution of any
disputed amounts by our agreement or, if we agree, as may be provided by the local bar
association.
The parties to this Agreement acknowledge that James Jarvis and John McDonneil, Jr.,
trustee of the Jarvis Replacement Trust, among others, are extremely litigious. In consideration
for taking on these responsibilities, You as the Client also agree to indemnify, defend, protect
and hold me harmless from and against any and all liabilities (including alleged negligence),
damages, lawsuits or other proceedings not otherwise protected by sufficient malpractice
insurance, with legal counsel acceptable to me, filed against me or my firm personally or throughLetter to Todd Jarvis
January 1, 2009
Re: Attomey-Chent Fees and Costs Agreement
Page 3
any intermediary or entity directed by James Jarvis, John McDonnell, Jr, the Trust, Jarvis
Properties, Your nieces and nephews, Your sister-in-law or any other persons or entities arising
out of or related to my work for You or otherwise. The parties also agree that the undersigned
attomey, her agents and representatives, at her option, in addition or in lieu of the foregoing
defense, may seek separately to defend herself and her assets against these parties.
The parties otherwise agree that at any time the undersigned attorney may incorporate
her business into a professional corporation.
5. BILLING PRACTICES OF LAW FIRM. Time is charged in minimum units
of one-tenth (.1) of an hour. You agree to pay by the hour at my prevailing rates for all time
spent on Your matters by my personnel or me. We anticipate that I will perform most of the
work in connection with this matter. My rate is usually $400 per hour. It may be increased no
more often than every twelve months following the date of this Agreement. If You decline to
pay increased rates, I will have the right to withdraw as attomey for You.
I will have the authority to and may decide to use staff, law clerks and legal assistants to
help me, including the selection of staff, law clerks and/or legal assistants to perform specific
tasks, as I believe appropriate, and the services of the law clerks and legal assistants will be
charged at their hourly rates in effect at the time.
The time charged will include the time I spend, or a law clerk or paralegal spends, on
telephone calls relating to Your legal matters, including calls with You, witnesses, opposing
counsel or court personnel. The legal personnel assigned to this matter may confer among
themselves about the matter, as required and appropriate. When these legal personnel do confer
with each other, each person will charge for the time expended, as long as the work done is
reasonably necessary and not duplicative. Likewise, if more than one of the legal personnel
attends a meeting, court hearing or other proceeding, each will charge for the time spent. The
undersigned attorney will charge for waiting time in court and elsewhere and for travel time,
both local and out of town.
6. COSTS AND OTHER CHARGES.
(a) As Your attorney, I will incur various costs and expenses in performing legal
services under this Agreement. As I have limited funds, You agree to pay for most costs up front
Yourself, subject to my attorney work-product and our attorney-client privileges, as applicable.
Thus, You agree to pay for all costs, disbursements and expenses in addition to the hourly fees.
The costs and expenses commonly include, without limitation, service of process charges, filing
fees, court and deposition reporters’ fees, jury fees, notary fees, deposition costs, long distance
telephone charges, messenger and other delivery fees, postage, rapid courier costs (such as Fed-
eral Express or Express Mail), photocopying and other reproduction costs, travel costs including
parking, mileage, transportation, meals and hotel costs, investigation expenses, consultants’ fees,
expert witness, professional, mediator, arbitrator and/or special master fees and other similar
items. Except for the items listed below, all costs and expenses will be charged at my cost.
In-office photocopying: 50 cents/pageLetter to Todd Jarvis
January 1, 2009
Re: Attorney Fees and Costs Agreement
Page 4
In-office photocopying: 50 cents/page
Facsimiles 75 cents/page
Mileage: IRS mileage rate/ mile
(b) Out of town travel. You agree to pay transportation, meals, lodging and all
other costs of any necessary out-of-town travel by me or my personnel or agents serving or filing
pleadings for me on Your behalf.
(c) Experts, Consultants and Investigators, To aid in the preparation or presentation
of Your case, it may become necessary to hire expert witnesses, consultants or investigators. You
agree to pay such fees and charges. I will select any expert witnesses, consultants or investigators
to be hired, in consultation with You, and You will otherwise be informed of persons chosen
and their charges.
Additionally, You understand that if the matter proceeds to court action or arbitration,
You may be required to pay fees and/or costs to other parties in the action. Any such payment
will be entirely Your responsibility,
7. BILLING STATEMENTS. I will send You periodic statements for fees and
costs incurred. Each statement will be payable within thirty (30) days of its mailing date, subject
to the periodic payments agreed. to above. You may request a statement at intervals of no less
than 30 days. The statements shall include the amount, rate, basis of calculation or other method
of determination of the fees and costs, which costs will be clearly identified by item and amount.
8. LIEN. You hereby grant me a lien on each and all claims or causes of action
that are the subject of the representation under this Agreement, The lien will be for any sums
owing to me at the conclusion of services performed. The lien will attach to any recovery You
may obtain, whether by arbitration award, judgment, settlement or otherwise. The effect of such
a lien is that I may be able to compel payment of fees and costs from any such funds recovered
on behalf of You even if I have been discharged before the end of the case or I was working in
cooperation with another attorney or law firm employed by You. Because a lien may affect
Your property rights, You may wish to seek the advice of an independent lawyer of Your choice
before agreeing to such a lien. By initialing this paragraph, You represent and agree that You
have had a reasonable opportunity to consult such an independent lawyer and—whether or not
You have chosen to consult such an independent lawyer—You agree that I, as Your attomey,
will have a lien as specified above.
© eBF (Client initial Here) 4 C Aiveconey titi Here)
% DISCHARGE AND WITHDRAWAL. You may discharge me at any time. I
may withdraw with Your consent or for good cause. Good cause includes Your breach of this
Agreement, refusal to cooperate or to follow my advice on a material matter or any fact or
circumstance that would render my continuing representation unlawful or unethical. When my
services conclude, all unpaid charges will immediately become due and payable except as we
may otherwise agree. Subject to my right to recovery from recovered funds under the lien
provided in Paragraph 8 above, after services from my firm and me conclude I will, upon YourLetter to Todd Jarvis
January 1, 2009
Re: Attorney-Client Fees and Costs Agreement
Page 5
services. The parties understand that any pleadings prepared were specific to this case and any
further use by You or Your attorneys will be at Your own risk since they may not be suitable for
use in any other matter.
10. DISCLAIMER OF GUARANTEE AND ESTIMATES. Nothing in this
Agreement and nothing in my statements to You will be construed as a promise or guarantee
about the outcome of the matter or the fees and costs to pursue the matter. I make no such
promises or guarantees. My comments about the outcome of the matter are expressions of
opinion only, Any estimate of fees given by me shall not be a guarantee, Actual fees may vary
from estimates given.
11, ENTIRE AGREEMENT/LAW. This Agreement, which is governed by
California law, contains the entire agreement of the parties regarding the scope of work for these
legal services and costs. The parties will not be bound by any other agreement, statement, ot
promise related hereto.
VA SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision
of this Agreement is held to be unenforceable for any reason in whole or in part, the remainder
of that provision and of the entire Agreement, will be severable and remain in effect.
13. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may
be modified by subsequent agreement of the parties only by an instrument in writing signed by
both of them, or an oral agreement only to the extent that the parties carry it out.
14, EFFECTIVE DATE. This Agreement will govern all legal services performed
by me or my firm and personnel on behalf of You commencing with the date I first performed
services. The date at the beginning of this Agreement is for reference only. Even if this
Agreement does not take effect, You will be obligated to pay Attorney the reasonable value of
any services rendered by my firm or me and costs advanced, by me or my firm in performing
under this Attorney Fees and Costs Agreement.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND
AGREE TO THEM AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. IF
MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE,
JOINTLY AND SEVERALLY, FOR ALL OBLIGATIO! INDER THIS AGREEMENT.
CLIENT SHALL RECEIVE A FULLY EXECUTED DU
AGREEMENT.
DATED: January 1, 2009
By: Setenter~ >
TODD JARVIS, pfdividually And As
Trustee Of The Jarvis Administration
Trust created per trust instrument
dated December 18, 1998|
Exhibit “B”Notice of Client's’ Right To Fee Arbitration
Client’s Name: TODO JARVIS & JARVIS ADMIN. TRUST Attorney's Name: ROBIN CALDER, ATTORNEY AT LAW
Client’s Address: 409 Millbrook Court Attorney’s Address: 1451 Rocky Ridge Drive, # 1203
Client's City, State & Zip: Lincoin, CA 95648 Attorney’s City, State & Zip: Roseville, CA 95661
You have an outstanding balance far fees and/or costs for professional services in the amount of $$836,726.87 plus interest
charged to you in the matter of Monterey County Superior Court Case # 31688 on mullipta matiors and appeals & S-Monteray County eminent domain Caltrans casea plus misc
[YZ]! have filed a lawsuit against you in the: Court; Santa Clara Co Superior Ct Case No.:
Address: 191 N. First St., San Jose, CA 95113
{[] | have filed an arbitration proceeding against you with the: Agency: Case No.:
Address:
O No lawsuit or arbitration proceeding has yet been filed but may be filed if we do not resolve this claim.
You have the right under Sections 6200-6206 of the California Business and Professions Code to request arbitration of these fees or costs
by an independent, impartial arbitrator or panel of arbitrators through a bar association program created solely to resolve fee disputes
between lawyers and clients.
You will LOSE YOUR RIGHT TO ARBITRATION UNDER THIS PROGRAM if:
1, YOU'DO NOT FILE A WRITTEN APPLICATION FOR ARBITRATION WITH THE BAR ASSOCIATION WITHIN 30 DAYS
FROM RECEIPT OF THIS NOTICE USING A FORM PROVIDED BY THE LOCAL BAR ASSOCIATION OR STATE BAR OF
CALIFORNIA FEE ARBITRATION PROGRAM; OR
2) YOU RECEIVE THIS NOTICE AND THEN EITHER (1) ANSWER A COMPLAINT I HAVE FILED IN COURT; OR (2) FILE A
RESPONSE TO ANY ARBITRATION PROCEEDING THAT I HAVE INITIATED FOR COLLECTION OF FEES, AND/OR
COSTS, WITHOUT FIRST HAVING SERVED AND FILED A REQUEST FOR ARBITRATION UNDER THIS PROGRAM; OR
3. YOU FILE AN ACTION OR PLEADING IN ANY LAWSUIT WHICH SEEKS ‘A COURT DECISION ON THIS DISPUTE OR.
WHICH SEEKS DAMAGES FOR ANY ALLEGED MALPRACTICE OR PROFESSIONAL MISCONDUCT.
Ihave the right to file a lawsuit against you if you give up your right to mandatory fee arbitration. If I have already filed a lawsuit or
arbitration, you may have the lawsuit or arbitration postponed after you have filed an application for arbitration under this program.
Thave determined that:
@ There is a focal program which may have jurisdiction to heer this matter, The arbitration program listed below is available to you:
Name of Program: _Santa Clara County Bar Association
Address: 31 N. Second Street, Suite 400
City, State & Zip: SanJose, Caforia
Telephone No; Fee Arbitration Associate Director at (408) 975-2114
You may wish to check the State Bar's website at www.calbar.ca.gov to sec if there are other programs available to you.
(© There is no approved local program which has jurisdiction to hear this matter,
The Stite Bar of California will conduct fe arbitration (1) where there so approved cal program, (2) where there is 2 local program ut it destnes fr any reason to hest
your case, 2) where there is a local program end you wish non-binding arbitration ofthis dispute and refu s%non-binding arbitration of your
dispute, of (4) if you beliove you cannot receive a fair hearing before the local bar (famed Atandatory Fee Arbitration, State Bar of
California, 180 Howard Street, Son Francisco, CA 94105-1639, (415) 538-2020,
whet Lie fie ¢ A
*The request for arbitration may also be made by a person who is not t
who may be liable for or entitled to a refund of attomney’s fees or costs. |Exhibit “C”Calder v Jarvis, et al.
Rate Period: Annual
Nominal Annual Rate: 10.000 %
AMORTIZATION SCHEDULE - U.S. Rule (no compounding)
Interest Interest Principal Balance Due -
Date Fees Payment Accrued Paid Paid Interest Principal Total
Fees 01/31/2009 11,360.00 0.00 0.00 0.00 0.00 11,360.00 11,360.00
1 01/31/2009 3,800.00 0.00 0.00 3,800.00 0.00 7,560.00 7,560.00
Fees 02/28/2009 10,440.00 57.99 0.00 0.00 57.99 18,000.00 18,057.99
2 02/28/2009 4,800.00 0.00 $7.99 4,742.01 0.00 13,257.99 13,257.99
Fees 03/31/2009 11,480.00 142.60 0.00 0.00 112.60 24,737.99 24,850.59
3 03/31/2009 3,800.00 0.00 112.60 3,687.40 0.00 21,050.59 21,050.59
Fees 04/30/2009 16,240.00 173.02 0.00 0.00 173.02 37,290.59 37,463.61
4 04/30/2009 5,950.00 0,00 173.02 5,776.98 0.00 31,513.61 31,513.61
Fees 05/31/2009 13,120.00 267.65 0.00 0.00 267.65 44,633.61 44,901.26
5 05/31/2009 3,800.00 0.00 267.65 3,532.35 0.00 41,101.26 41,101.26
Fees 06/30/2009 13,480.00 337.82 0.00 0.00 337.82 54,581.26 54,919.08
6 06/30/2009 3,800.00 0.00 337.82 3,462.18 0.00 $1,119.08 51,119.08
Fees 07/31/2009 11,520.00 434.16 0.00 0.00 434.16 62,639.08 63,073.24
7 07/31/2009 3,800.00 0,00 434.16 3,365.84 0.00 59,273.24 59,273.24
Fees 08/31/2009 15,240.00 503.42 0.00 0.00 503.42 74,513.24 75,016.66
8 08/31/2009 3,800.00 0.00 503.42 3,296.58 0.00 71,216.66 71,216.66
Fees 09/30/2009 18,000.00 585,34 0.00 0.00 585.34 89,216.66 89,802.00
9 09/30/2009 3,800.00 0.00 585.34 3,214.66 0.00 86,002.00 86,002.00
Fees 10/31/2009 480.00 730.43 0.00 0.00 730.43 86,482.00 87,212.43
10 10/31/2009 3,800.00 0.00 730.43 3,069.57 0.00 83,412.43 83,412.43
Fees 11/30/2009 5,240.00 685.58 0.00 0.00 685.58 88,652.43 89,338.01
lL 11/30/2009 3,800.00 0.00 685.58 3,114.42 0.00 85,538.01 85,538.01
Fees 12/31/2009 26,370.00 726.49 0.00 0.00 726.49 111,908.01 112,634.50
12 12/31/2009 2,200.00 0.00 726.49 1,473.51 0.00 110,434.50 110,434.50
2009 Totals 152,970.00 47,150.00 4,614.50 4,614.50 42,535.50
Fees 01/31/2010 32,535.00 937.94 0.00 9.00 937.94 142,969.50 143,907.44
13 01/31/2010 12,000.00 0.00 937.94 11,062.06 0.00 131,907.44 131,907.44Interest Interest Principal Balance
Due
Date Fees Payment Accrued Paid Paid Interest Principal Total
Fees 02/28/2010 1,575.00 1,011.89 0.00 0.00 1,011.89 133,482.44 134,494.33
14 02/28/2010 4,300.00 0.00 1,011.89 3,288.11 0.00 130,194.33 130,194.33
Fees 03/31/2010 9,360.00 1,105.76 0.00 0.00 1,105.76 139,554.33 140,660.09
15 03/31/2010 10,700.00 0.00 1,105.76 9,594.24 0.00 129,960.09 129,960.09
Fees 04/30/2010 9,945.00 1,068.17 9.00 0.00 1,068.17 139,905.09 140,973.26
16 04/30/2010 4,300.
Preview
1 |} Port J. Parker, SBN 179256 Jeffrey S. Einsohn, SBN 260150 2 || PARKER LAW GROUP ATTORNEYS 3 A Professional Corporation eTI ep 555 Capitol Mall, Suite 1230 a ifornia 4|| Sacramento, CA 95814 Supe Placer Telephone: (916) 996-0400 APR 1S ao 5 || Facsimile: (916) 668-5760 vol Si 6 Clerk Exect ott nny || Attomeys for TODD JARVIS By: L.Sandere, Dep 8 g SUPERIOR COURT OF CALIFORNIA » IN AND FOR THE COUNTY OF PLACER a 3 ROBIN ELIZABETH CALDER, Case No. SCV-0043237 o 5 Plaintiff, COMPENDIUM OF EVIDENCE IN v. SUPPORT OF MOTION FOR SUMMARY = JUDGMENT OR IN THE ALTERNATIVE < : TODD JARVIS and DOES 1 through 50, SUMMARY ADJUDICATION g inclusive, o x Defendants. Date: August 7, 2020 mw Time: 8:30 a.m. e eae BY FAX 18 Complaint Filed: — June 1, 2018 Current Trial Date: August 3, 2020 19 20 " The following evidence is submitted in support of Plaintiff Todd Jarvis’s Motion for Summary » Judgment or in the Alternative Summary Adjudication: 23 oa. EXHIBIT DESCRIPTION 25 1. Robin Calder’s Complaint with attachments, filed on June 1, 2018. 2% {Subject to Judicial Notice) _| 7 Bs Excepts from the Deposition of Robin Calder dated March 13, 2020. 28 {Authenticated by the Declaration of Jeffrey S$. Einsohn) COMPENDIUM OF EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SU MARY, ADJUDICATIONPARKER LAW GROUP "555 Copitol Mal, Sulla 1200 Sacramento, CA 95614 IL 12 13 15 16 17 18 19 20 21 22 23 24 26 27 28 Robin Calder’s Application for Professional Liability Insurance (Zurich), dated August 5, 2009, (Authenticated by the Declaration of Todd Jarvis) Robin Calder’s Application for Professional Liability Insurance (Archer), dated July 12, 2009. (Authenticated by the Declaration of Todd Jarvis) Declaration of Todd Jarvis in Support of Motion for Summary Judgment or in | the Alternative Summary Adjudication. Declaration of Jeffrey $. Einsohn in Support of Motion for Summary Judgment | or in the Alternative Summary Adjudication. Robin Calder’s Invoices for services performed in January 2009 (Authenticated by the Declaration of Jeffrey S. Einsohn) Robin Calder’s Final Invoice for services in November 2015 (Authenticated by the Declaration of Jeffrey S$. Einsohn) Order Denying Motion for Change of Venue dated September 7, 2011, entered in Monterey County Superior Court Case No. P31598. (Subject to Judicial Notice) 10. Order Awarding Petitioner Attorneys’ Fees on Writ and Appellate Proceedings and Costs on Appeal dated March 4, 2015, entered in Monterey County Superior Court Case No. P31598. (Subject to Judicial Notice) Assignment of the Two Sanctions Orders to Jarvis dated July 21, 2017. {Authenticated by the Declaration of Jeffrey S. Einsohn) Acknowledgement of Satisfaction of Judgment for the September 7, 2011 Order, dated September 12, 2018, entered in Monterey County Superior Court Case No. P31598. {Subject to Judicial Notice) COMPENDIUM OF EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR EN THE Al LTERNATIVE ouNaRY. ADJUDICATIONa > O° a oO = < —t ~ ira} Zz ~ < a samanto, CA9SE1a 3 g 13. Acknowledgement of Satisfaction of Judgment for the March 4, 2015 Order, dated September 12, 2018, entered in Monterey County Superior Court Case No. P31598. (Subject to Judicial Notice) 14, Order Denying Order to Show Cause Re: Staying Execution of Judgment, Staying Enforcement of Judicial Liens, and Post-Judgment Proceedings dated August 27, 2018, entered in Monterey County Superior Court Case No. P31598. (Subject to Judicial Notice) 1S. Robin Calder’s Responses to Special Interrogatories dated March 11, 2020. (Authenticated by the Declaration of Jeffrey S. Einsohn) 16. Todd Jarvis’s Complaint against Robin Calder, Jarvis v. Calder, Placer County Superior Court Case No. SCV 0039929 DATED: April 13, 2020 PARKER LAW GROUP ATTORNEYS A Professional Corporation pa aie PORT J. PARKER JEFFREY S. EINSOHN Attorneys for TODD JARVIS COMPENDIUM OF EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATIONEXHIBIT “1”Ce YA DA HW F WN RPNP eR PRPRNRRE RGR EF Rere ot A Bw N § S Ge Aa A mH PF wD NY SH S LAWRENCE D. MILLER, SBN 77448 LAW OFFICE OF LAWRENCE D. MILLER Post Office Box 6107 San Mateo, CA 94403 Telephone: (650) 592-9151 Attorney for Plaintiff E-FILED 6/1/2018 12:13 PM Clerk of Court Superior Court of CA, County of Santa Clara 18CV329258 Reviewed By: A. Hwang IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA ROBIN ELIZABETH CALDER, Plaintiff, v. TODD JARVIS; JOHN L. McDONNELL, JR., TRUSTEE OF THE JARVIS REPLACEMENT ADMINISTRATIVE TRUST; REED SMITH, LLP; HARTOG, BAER & HAND, A PROFESSIONAL CORPORATION; CHRISTOPHER CAMPBELL; HEISINGER, BUCK & MORRIS, A LAW FIRM; LESLIE HAUSRATH; WENDEL, ROSEN, BLACK & DEAN, LLP, A LAW FIRM; and Does 1 through 50, inclusive, Defendants. Plaintiff alleges: Case No. 18CV329258 COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE, AND CONSTRUCTIVE TRUST ALLEGATIONS COMMON TO ALL COUNTS 1. Plaintiff is a competent adult. 2. This action is filed in this county because a Defendant entered into the contract here, a Defendant lived here when the contract was entered into, a Defendant lives here now, or the contract was to be performed here. jc COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]com RAH Bw NY He NN NY YN NNN KY De ee ee ee ee Re ew ot’ AA FF YBN KF SSO wHMH AA ARE OKRES 3. Plaintiff is ignorant of the true names and capacities of Defendants sued herein as Does 1 through 50, inclusive, and therefore sues these Defendants by such fictitious names. Plaintiff will amend this complaint to allege their true names and capacitics when ascertained, 4. Plaintiff is informed and believes and based thereon alleges that at all times mentioned herein each Defendant was the agent and employee of each remaining Defendant and in doing the things herein alleged was acting within the course and scope of such agency and with the permission and consent of their co-Defendants, 5. This action is not subject to the provisions of Sections 1812.10 or 2984.4 of the Civil Code. 6. Plaintiff is informed and believes and based on such information and belief, alleges that at all times herein mentioned Defendants, John L. McDonnell, Jr, and Does 11 through 20, inclusive were the duly appointed and acting Trustees of the Jarvis Replacement Administrative Trust under an Agreement among Todd Henry Jarvis, James Alvin Jarvis, various family entities for which each of the Jarvis brothers were responsible, and John L. McDonnell, Jr., per trust instrument to be effective on May 28, 2004 (hereafter “the Trust”). 7. Plaintiff is informed and believes and based on such information and belief, alleges Defendants, John L. McDonnell, Jr., and Does 11 through 20, inclusive were the duly appointed and acting Trustees of the Trust acting for and on behalf of the Trust in cases named In re the Jarvis Family Trusts filed in the Superior Court of the State of California for the County of Monterey bearing Case Number P31598 (hereafter “the Jarvis Family Trust cases”). 8. Defendants, Reed Smith, LLP, is, and at all times herein mentioned was a law firm whose members were at all times herein mentioned attorneys duly licensed to practice law in the state of California. Defendants, Hartog, Baer & Hand, a Professional Corporation is, and all times herein mentioned was, a law firm whose members were at all times herein mentioned attorneys duly licensed to practice law in the state of California, Defendants, Christopher Campbell, and Does 21 through 30, are, and at all times herein mentioned were, attorneys duly licensed to practice law in the state of California and were acting for and on behaif of Heisinger, Buck & Morris, a Law Firm whose members were at all times herein mentioned attorneys duly licensed to practice law in the state of California. Defendants, Leslie Hausrath, and Does 41 through 50, are and at all times herein mentioned were, attorneys duly 1 COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]eC oe a A A PR YN yun yw Ye YP PN NY Y= ee Se - oe RBNRRAESKRTSSERSDTFA BEERS licensed to practice law in the state of California and were acting for and on behalf of Wendel, Rosen, Black & Dean, LLP, a law firm whose members were at all times herein mentioned attorneys duly licensed to practice law in the state of California. FIRST CAUSE OF ACTION [Breach of Written Contract as to Defendants, Todd Jarvis and Does 1 through 10, Inclusive] 9. Plaintiff refers to and incorporates herein each and every allegation of paragraphs | through 8, inclusive, as though set forth in full. 10. On or about January 1, 2009, a written agreement (hereafter “the Contract”) was made between Plaintiff and Defendants, Todd Jarvis, and Does | through 10, inclusive, a copy of which agreement is marked Exhibit A, attached hereto, referred to and incorporated herein as though set forth in full. 11. On or about July 30, 2015, Defendants, Todd Jarvis, and Does 1 through 10, inclusive, breached the Contract by failing to pay to Plaintiff the balance due pursuant to the terms of the Contract although demand was made therefore. 12. Plaintiff has performed all obligations to Defendants except those obligations Plaintiff was prevented or excused from performing. 13. On or about June 30, 2015, Defendants, Todd Jarvis, and Does 1 through 10, inclusive, paid to Plaintiff the sum of $1,281 on account of the Contract. 14, On or about March 30, 2018, Plaintiff did mail to Defendant, Todd Jarvis, a Notice of Client's Right to Arbitration of attorney's fees, a copy of which is marked Exhibit B, attached hereto, referred to and incorporated herein as though set forth in full, pursuant to the provisions of California Business and Professions Code Sections 6200-6206. This notice was mailed to the Defendants’ address with the proper postage affixed. 15. Plaintiff suffered damages legally and proximately caused by Defendants' breach of the agreement in that there is due, owing and unpaid as of May 5, 2018, to Plaintiff the sum of $1,017,299 together with interest thereon as set forth on Exhibit C plus $278.71 per day from and after May 6, 2018. re ‘COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]a a ee a RB NR YN BPN NN Ne ee Be ee Re eS eR oN AA BY NY SF SF 6B wD HN DAH RB oH PH KE Ss SECOND CAUSE OF ACTION [Open Book Account as to Defendants, Todd Jarvis, and Does 1 through 10, Inclusive] 16. Plaintiff refers to and incorporates herein each and every allegation of the First Cause of Action as though set forth in full. 17. Within 4 years last past Defendants, Todd Jarvis, and Does 1 through 10, inclusive, became indebted to Plaintiff on an open book account for money due in the sum of $1,017,299 for legal services rendered to Defendants, Todd Jarvis, and Does 1 through 10, inclusive, by Plaintiff at the special insistence and request of Defendants, Todd Jarvis, and Does 1 through 10, inclusive, and for which Defendants, Todd Jarvis, and Does 1 through 10, inclusive, agreed to pay the sum of $1,017,299 together with interest thereon as set forth on Exhibit C plus $278.71 per day on and after May 6, 2018. 18. No part of the above sum has been paid except Defendants have been credited with the sum of} $316,191.00 notwithstanding that Plaintiff has demanded payment therefore and there is now due, owing, and unpaid from Defendants, Todd Jarvis, and Does 1 through 10, inclusive, ¢o Plaintiff the sum of $1,017,299 together with interest thereon as set forth on Exhibit C plus $278.71 per day from and after May 6, 2018. THIRD CAUSE OF ACTION (Reasonable Value as to Defendants, Todd Jarvis, and Does 1 through 10, Inclusive] 19. Plaintiff refers to and incorporates herein each and every paragraph of the First and Second Causes of Action as though set forth in full. 20. Within 4 years last past Defendants, Todd Jarvis, and Does 1 through 10, inclusive, became indebted to Plaintiff for the reasonable value of legal services rendered to Defendants, Todd Jarvis, and Does | through 10, inclusive, by Plaintiff at the special insistence and request of Defendants, Todd Jarvis, and Does 1 through 10, inclusive, for which Defendants, then and there, promised to pay Plaintiff the reasonable value of such legal services. 21. Atall times herein mentioned, the above legal services and materials were and are of the reasonable value of $1,163,330.50. 22. No part of the above sum has been paid except Defendants have been credited with the sum 0 $316,191.00 notwithstanding that Plaintiff has demanded payment therefore, and there is now due, ads COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]Cc mY DA BF BW NY & ww YP WY NY RP BD BF eB Be ew we ie ee ee ol AA KR ON fF SF BG we IQA A HP DHE TS owing, and unpaid from Defendants, Todd Jarvis, and Does 1 through 10, inclusive, to Plaintiff the sum of $1,017,299 together with interest thereon as set forth on Exhibit C plus $278.71 per day on and after May 6, 2018. FOURTH CAUSE OF ACTION [Indemnity as to Defendants, Todd Jarvis, and Does 1 through 10, Inclusive] 23, Plaintiff refers to and incorporates herein paragraphs 1 through 8, inclusive, and paragraph 10 of the First Cause of Action as though set forth in full. 24. At Section 2, paragraph 3 of the Contract, Defendants, Todd Jarvis, and Does 1 through 10, inclusive, agreed to indemnify, defend, protect and hold Plaintiff harmless from and against all liabilities, damages, lawsuits or other proceedings filed by John L. McDonnell, Jr., trustee, among others, against Plaintiff arising out of or related to Plaintiff's representation of Defendants, Todd Jarvis, and Does 1 through 10, inclusive, including, but not limited to Plaintiff's representation of Defendants, Todd Jarvis, and Does 1 through 10, inclusive, in the Jarvis Family Trusts cases. 25. Plaintiff represented Defendants, Todd Jarvis, and Does | through 10, inclusive, in the Jarvis Family Trusts cases, On or about September 7, 2011 and March 4, 2015, orders were entered in favor of Petitioner, John L. McDonnell, Jr., Trustee, awarding attorney’s fees against Plaintiff in Plaintiff's capacity as counsel for Defendant herein, Todd Jarvis, in the sums of $4,812.00 and $59,560.66, respectively in the Jarvis Family Trusts cases (hereafter “the Orders”) and Plaintiff is entitled to recover all of Plaintiff’s legal fees, costs and expenses arising out of or related to Plaintiff's defense against said Orders and this dispute according to proof. 26. Plaintiff has performed all the conditions and obligations to be performed on her part under her agreement with Defendants, Todd Jarvis, and Does 1 through 10, inclusive, as heretofore alleged in paragraph 12, 27. By reason of the foregoing, Plaintiff is entitled to be indemnified by Defendants, Todd Jarvis, and Does 1 through 10, inclusive in the sums of $4,812.00 plus interest from September 7, 2011, and $59,560.66 plus interest from March 4, 2015, at the rate of ten percent per annum until paid, but Defendants, Todd Jarvis, and Does | through 10, inclusive, have not paid any part of this sum to Plaintiff. 28. Plaintiff is informed and believes and based upon such information and belief alleges that the “5. COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]Oo wm TY Aw FB HN RR HY N NY RYN NR NR HB Ee Be Se se ee eR Se od A A BF Yb NF S BO we I AH BW HK SF CS orders were assigned by John L. McDonnell, Jr., Trustee, in his capacity as the Petitioner in the Jarvis Family Trusts cases, to Defendants, Todd Jarvis, and Does 1 through 10, inclusive. That by virtue of said assignment Plaintiff is entitled to offset the Orders against Plaintiff's right of indemnity against Defendants, Todd Jarvis, and Does 1 through 10, inclusive, and in the alternative against the funds owed Plaintiff as alleged in the First through Fourth Causes of Action. FIFTH CAUSE OF ACTION {Declaratory Relief as to Defendants, Todd Jarvis, and Does 1 through 10, Inclusive] 29. Plaintiff refers to and incorporates herein paragraphs | through 5, inclusive, and paragraph 10 of the First Cause of Action and paragraphs 24 through 28 of the Fourth Cause of Action as though set forth in full. 30. Plaintiff is informed and believes and based upon such information and belief alleges that an actual controversy has arisen and now exists between Plaintiff, and Defendants, Todd Jarvis, and Does 1 through 10, inclusive, in that said Defendants contend the Orders against Plaintiff recovered in the Jarvis Family Trusts cases, are in full force and effect and have not been satisfied whereas Plaintiff contends that} the Orders have been satisfied by virtue of Section 2 at paragraph 3 of the Contract and the assignment of the Orders to Defendants, Todd Jarvis, and Does 1 through 10, inclusive, and are therefore of no force or effect. 31. Plaintiff desires a judicial determination of her rights and a declaration as to whether the Orders have been satisfied and are therefore no longer of any force or effect and Plaintiff's entitlement to recover all of Plaintiff's legal fees, costs and expenses arising out of or related to Piaintiff’s defense against said Orders and this dispute according to proof. 32. A judicial declaration is necessary and appropriate at this times under the circumstances in order that Plaintiff may ascertain Plaintiff's and Defendants’, Todd Jarvis and Does 1 through 10, inclusive, rights, regarding the Orders. Hitt Hitt ‘fill 6- COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]oC me I KH HH 10 ll 12 13 15 16 17 18 19 20 21 22 23 24 25 26 aT 28 SIXTH CAUSE OF ACTION {Conversion as to Defendants, John L. McDonnell, Jr., Trustee of the Jarvis Replacement Administrative Trast; Reed Smith, LLP; Harteg, Baer & Hand, a Professional Corporation; Christopher Campbell, Heisinger, Buck & Morris, a Law Firm; Leslie Hausrath, Wendel, Rosen, Black & Dean, LLP, a Law Firm] 33. Plaintiff refers to and incorporates herein paragraphs 1 through 8, inclusive, and each and every paragraph of the First, Second, Third, and Fourth Causes of Action as though set forth in full. 34. The Contract, wherein the term “You” refers to Defendants, Todd Jarvis, and Does 1 through 10, inclusive, and the term “me” refers to Plaintiff, provides, in part: “LIEN. You hereby grant me a lien on each and all claims or causes of action that are the subject of the representation under this Agreement. The lien will be for any sums owing to me at the conclusion of services performed. The lien will attach to any recovery you may obtain, whether by arbitration award, judgment, settlement or otherwise...” 35. Plaintiff represented and provided legal services to Defendants, Todd Jarvis, and Does 1 through 10, inclusive, in and related to the Jarvis Family Trusts cases, which services included the Scope and Genral Nature of Services to be Provided to You (The “Client”) as set forth in paragraph number | of the Contract (hereafter “the Claims”). 36. Plaintiff is further informed and believes and based on such information and belief, alleges that Defendants, Reed Smith, LLP, Hartog, Baer & Hand, a Professional Corporation and Does 31 through 40, inclusive; Defendants, Christopher Campbell, and Heisinger, Buck & Morris, a Law Firm, and Does 21 through 30; Defendants, Leslie Hausrath, and Wendel, Rosen, Black & Dean, LLP, a Law Firm, and Does 41 through 50, were during the times herein mentioned the agents of Defendants, John L. McDonnell, Jr., and Does 11 through 20, inclusive. 37. Plaintiff is informed and believes and based upon such information and belief alleges that within 3 years last past, Defendants, Reed Smith, LLP, Defendants, Hartog, Baer & Hand, a Professional Corporation and Does 31 through 40, inclusive; Defendants, Christopher Campbell, and Heisinger, Buck & Morris, a Law Firm and Does 21 through 30; Defendants, Leslie Hausrath, and Wendel, Rosen, Black & Dean, LLP, a Law Firm and Does 41 through 50, acting for and on behalf of Defendants, John L. McDonnell, Jr. and Does 11 through 20, inclusive, in settlement of the Claims by Defendants, Todd Jarvis, and Does | through 10, inclusive, paid Defendants, Todd Jarvis, and Does 1 through 10, inclusive, in excess of $3,000,000 or such other sum according to proof. Plaintiff will seek leave of Court to amend aye COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]eC em AW A Hh RF WN ym N RN RP NR NRK RE Be Be eB ew ee ee =a aA nde DHS fF FSF Em AAA REE HR CS this complaint to allege the amount Defendants, Todd Jarvis and Does | through 10, inclusive received from or on behalf of the Trust when said sum is ascertained. 38. Within 3 years last past, Plaintiff became entitled to payment of Plaintiff's lien on the proceeds of the settlement between Defendants, John L. McDonnell, Jr., and Does 11 through 20, inclusive, and Defendants, Todd Jarvis, and Does 1 through 10, inclusive, and Plaintiff is still entitled to payment of her lien in the amount of $1,017,299 together with interest thereon as set forth on Exhibit C plus $278.71 per day on and after May 6, 2018. 39. The value of Plaintiff's services to Defendants, Todd Jarvis and Does 1 through 10, inclusive, through the time Plaintiff ceased Plaintiff’s representation of Defendants, Todd Jarvis and Does 1 through 10, inclusive, in the aforementioned matters is $1,163,330.50. There is now due, owing, and unpaid from Defendants, Todd Jarvis, and Does 1 through 10, inclusive, to Plaintiff the sum of $1,017,299 together with interest thereon as set forth on Exhibit C plus $278.71 per day on and after May 6, 2018. 40. As a proximate result of Defendants’ conversion, Plaintiff has been damaged in the sum of $1,017,299 together with interest thereon as set forth on Exhibit C plus $278.71 per day on and after May 6, 2018, SEVENTH CAUSE OF ACTION [Negligence as to as to Defendants, John L. McDonnell, Jr., Trustee of the Jarvis Replacement Administrative Trust; Reed Smith, LLP; Hartog, Baer & Hand, a Professional Corporation; Christopher Campbell, Heisinger, Buck & Morris, a Law Firm; Lestie Hausrath, Wendel, Rosen, Black & Dean, LLP, a Law Firm]] 41. Plaintiff refers to and incorporates herein each and every paragraph of the Sixth Cause of Action as though set forth in full. 42, Plaintiff is informed and believes and based upon such information and belief alleges that Defendants, John L. McDonnell, Jr., and Does 11 through 20, inclusive, and Defendants, Reed Smith, LLP, Hartog, Baer & Hand, a Professional Corporation, and Does 31 through 40, inclusive; Defendants, Christopher Campbell, and Heisinger, Buck & Morris, a Law Firm and Does 21 through 30; Defendants, Leslie Hausrath, and Wendel, Rosen, Black & Dean, LLP, a Law Firm and Does 41 through 50, acting for} and on behalf of Defendants, John L. McDonnell, Jr., and Does 11 through 20, inclusive, negligently failed to pay Plaintiff the sum of $1,017,299 together with interest thereon as set forth on Exhibit C plus $278.71 per day on and after May 6, 2018 or such other sum as is and was due Plaintiff. ngs COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]Cwm tN A A BBW we YN KN KR KY KY NY NY YB FF SF Re eR RR eee BSR & ESBS FSF Bea ADEE NH BS EIGHTH CAUSE OF ACTION z [Interference with pal tS BESOVE Economic Advantage as to Defendants, John L. McDonnell, Jr., ‘rustee of the Jarvis Replacement Administrative Trust; Reed Smith, LLP; Hartog, Baer & Hand, a Professional Corporation; Christopher Campbell, Heisinger, Buck & Morris, a Law Firm; Leslie Hausrath, Wendel, Rosen, Black & Dean, LLP, a Law Firm]] 43. Plaintiff refers to and incorporates herein each and every paragraph of the Sixth Cause of Action as though set forth in full. 44. Within 2 years last past, Plaintiff discovered that Defendants, John L. McDonnell, Jr. and Does 11 through 20, inclusive and Defendants, Reed Smith, LLP, Hartog, Baer & Hand, a Professional Corporation, and Does 31 through 40, inclusive; Defendants Christopher Campbell, and Heisinger, Buck & Morris, a Law Firm and Does 21 through 30; Defendants, Leslie Hausrath, and Wendel, Rosen, Black & Dean, LLP, a Law Firm and Does 41 through 50, acting for and on behalf of Defendants, John L. McDonnell, Jr. and Does 11 through 20, inclusive, intentionally and wrongfully interfered with Plaintiff's right to the proceeds of the Claims by failing to pay to Plaintiff the amount due Plaintiff or any amount whatsoever. NINTH CAUSE OF ACTION [Breach of Constructive Trust as to Defendants, John L. McDonnell, Jr., Trustee of the Jarvis Replacement Administrative Trust; Reed Smith, LLP; Hartog, Baer & Hand, a Professional Corporation; Christopher Campbell, Heisinger, Buck & Morris, a Law Firm; Leslie Hausrath, Wendel, Rosen, Black & Dean, LLP, a Law Firm]] 45. Plaintiff refers to and incorporates herein each and every paragraph of the Sixth Cause of Action as though set forth in full. 46. Plaintiff is informed and believes and based upon such information and belief alleges that Defendants, Reed Smith, LLP, Hartog, Baer & Hand, a Professional Corporation and Does 32 to 40, inclusive; Defendants, Christopher Campbell, and Heisinger, Buck & Morris, a Law Firm and Does 21 through 30; Defendants, Leslie Hausrath and Wendel, Rosen, Black & Dean, LLP, a Law Firm and Does 41 through 50, acting for and on behalf of Defendants, John L. McDonnell, Jr. and Does 11 through 20, inclusive, held, for the benefit of those entitled thereto, settlement proceeds from the Claims. Plaintiff was entitied to a portion of said proceeds in the sum of $1,017,299 together with interest thereon as set forth on Exhibit C plus $278.71 per day on and after May 6, 2018 or such other sum as is and was due Plaintiff, -9- COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]Cc mY DAH & BW NY PN RY NKR NN YR Se S| eB Se Be we Be Be es oN A A RYN SF SC BO eB HY HAA BF WKH m= SO 47. Plaintiff is informed and believes and based upon such information and belief alleges that Defendants, Reed Smith, LLP, Hartog, Baer & Hand, a Professional Corporation and Does 31 through 40, inclusive; Defendants, Christopher Campbell, and Heisinger, Buck & Morris, a Law Firm and Does 21 through 30; Defendants, Leslie Hausrath and Wendel, Rosen, Black & Dean, LLP, a Law Firm and Does 41 through 50, acting for and on behalf of Defendants, John L, McDonnell, Jr. and Does 11 through 20, inclusive, with the intent to deprive Plaintiff of the proceeds of the Claims to which Plaintiff is entitled, have failed and refused and continue to fail and refuse to pay to Plaintiff $1,017,299 together with interest} thereon as set forth on Exhibit C plus $278.71 per day on and after May 6, 2018 or such other sum as is and was due Plaintiff. WHEREFORE, Plaintiff prays judgment against Defendants, and each of them, as follows: AS TO THE FIRST THROUGH THIRD CAUSES OF ACTION: i. For compensatory damages in the sum of $1,017,299; 2. For interest on the sums and from the dates and at the rate set forth on Exhibit C plus $278.71 per day from and after May 6, 2018; AS TO THE FOURTH CAUSE OF ACTION: 3. For compensatory damages in the sums of $64,372.66; 4. For interest on the sums of $4,312.00 and $59,560.66 from and after September 7, 2011, and March 4, 2015, respectively at the rate of 10 percent per annum; 5. For Plaintiff's legal fees, costs and expenses arising out of or related to Plaintiff's defense against said Orders and this dispute according to proof, AS TO THE FIFTH CAUSE OF ACTION: 6. For a declaration that the orders have been satisfied and are of no further force or effect; 7, For Plaintiff's legal fees, costs and expenses arising out of or related to Plaintiff's defense against said Orders and this dispute according to proof; AS TO THE SIXTH THROUGH NINTH CAUSES OF ACTION 8. For compensatory damages in the sum of $1,017,299; 9. For interest on the sums and from the dates and at the rate set forth on Exhibit C plus $278.71 per day from and after May 6, 2018; -10- COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, ete. [17372]a Au BWR oo 10 1L 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 AS TO ALL CAUSES OF ACTION: 10. For costs of suit herein incurred; and 11. For such other and further relief as the court may deem proper. Dated: March 31, 2018 /s/ Lawrence D, Miller LAWRENCE D. MILLER Attorney for Plaintiff -ll- COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]Bw In Ww 10 11 12 13 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VERIFICATION STATE OF CALIFORNIA, COUNTY OF SAN MATEO I, the undersigned, say: I am a party to this action. I have read the COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE, AND CONSTRUCTIVE TRUST and know its contents. The matters stated in it are true of my own knowledge. I declare under penalty of perjury under the laws of the state of California that the foregoing is trug and-correct, Executed on June _/ _, 2018 at Roseville, Califo «12. COMPLAINT FOR MONEY, DECLARATORY RELIEF, CONVERSION, etc. [17372]Exhibit “A”ROBIN CALDER, ATTORNEY AT LAW 59 WASHINGTON STREET, SUITE 182 SANTA CLARA, CALIFORNIA 95050 Email: robincalderla cast.net PHONE: 408-896-7022 January 1, 2009 TODD JARVIS HAND DELIVERED 509 Monterey Avenue Los Gatos, California 95030 Re: Prepared In Connection with Settlor Buyout Negotiations And Upcoming Caltrans Eminent Domain Action Against Real Estate Owned By The Trustee Of The Ten-Year Irrevocable Jarvis Replacement Administrative Trust, A California Trust In Which Client Todd Jarvis Has 50% Interests 4nd Owned By Jarvis Properties, a California Limited Partnership In Which Client Todd Jarvis Is A General Partner Subject To Certain Management Authority Of The Trust ATTORNEY-CLIENT FEES AND COSTS AGREEMENT Dear Todd: Tam writing to confirm that you have retained my firm and me to provide legal services to you. This letter summarizes my understanding of the work you wish me to perform and confirms the terms and conditions of my engagement by you. This fee agreement states: (a) The basis for compensation including, but not limited to, hourly rates, statutory or flat fees, and other standard rates, fees and charges; (b) The general nature of the legal services to be provided; and (<) The responsibilities of attorney and client under this agreement. As SCOPE AND GENERAL NATURE OF SERVICES TO BE PROVIDED TO YOU (THE "CLIENT"): You are retaining my firm to provide legal services in the following matters: © assist You regarding an upcoming Caltrans eminent domain action or actions against real property owned by the ten-year irrevocable inter vivos Jarvis Replacement Administrative Trust, created per trust instrument dated May 28, 2004 ("Jarvis Replacement Administrative Trust” or “ Trust”) and Jarvis Properties, a California limited partnership ("Jarvis Properties, LP') and potentially You in either Your individual capacity or as a beneficiary, remainderman and partner of the foregoing family business entities; © assist You with matters pertaining to Your beneficiary and partnership interests in the Trust and Jarvis Properties, LP, or as otherwise agreed by us,Letter to Todd Jarvis January 1, 2009 Re: Attorney-Client Fees and Costs Agreement Page 2 regarding personal matters affected by those entities including, without limitation, Your interest in the real property owned by those entities and any sale of your beneficial, remainderman or other interests to co-settlor James Jarvis and his family or otherwise; and * as otherwise may be needed to protect Your interests in the Jarvis Farm (located at 432 Espinosa Road, Salinas, California in the County of Monterey) and the 3.1 acres located directly across Highway 101 from the Jarvis Farm in the City of Salinas, which includes approximately 1.1 acres on which three rental houses are located and an adjacent undeveloped but zoned 2-acre parcel. The types of work to be done by me may be transactional (such as negotiating agreements) or litigation, or more likely assisting with litigation, depending on Your needs and wishes. It is understood and agreed that I may, and probably will, interface with other attorneys, including especially litigators, hired by You to act on Your behalf but will NOT have independent liability for their actions. I will take reasonable steps to keep You informed of progress and to respond to Your inquiries. Ifa court action is filed, I will, if You wish, assist Your trial counsel or otherwise represent You in connection with pre-trial, discovery, trial and post-trial motions as well as any appeal. 2. CLIENT'S RESPONSIBILITIES AND AGREEMENTS, You as the Client agree to be truthful with me, to cooperate, to keep me informed of any information or developments that may come to Your attention, to abide by this Agreement, to pay my bills, and to keep me advised of Your address, telephone number and whereabouts at all times. You will assist me in providing necessary information and documents and will appear when necessary at legal proceedings. For purposes of this Agreement, at this point, You as the Client may pay towards the amounts owed to me in monthly increments of no less than $3,400 or such greater amount as we may agree to from time to time. Periodically you will make reasonable efforts to bring my bill current, including at the end of each calendar year. You will remain responsible for the entire amount of my fees charged, which will be all due and payable if either of us terminate my services to you as provided below, subject to Your rights to a reasonable resolution of any disputed amounts by our agreement or, if we agree, as may be provided by the local bar association. The parties to this Agreement acknowledge that James Jarvis and John McDonneil, Jr., trustee of the Jarvis Replacement Trust, among others, are extremely litigious. In consideration for taking on these responsibilities, You as the Client also agree to indemnify, defend, protect and hold me harmless from and against any and all liabilities (including alleged negligence), damages, lawsuits or other proceedings not otherwise protected by sufficient malpractice insurance, with legal counsel acceptable to me, filed against me or my firm personally or throughLetter to Todd Jarvis January 1, 2009 Re: Attomey-Chent Fees and Costs Agreement Page 3 any intermediary or entity directed by James Jarvis, John McDonnell, Jr, the Trust, Jarvis Properties, Your nieces and nephews, Your sister-in-law or any other persons or entities arising out of or related to my work for You or otherwise. The parties also agree that the undersigned attomey, her agents and representatives, at her option, in addition or in lieu of the foregoing defense, may seek separately to defend herself and her assets against these parties. The parties otherwise agree that at any time the undersigned attorney may incorporate her business into a professional corporation. 5. BILLING PRACTICES OF LAW FIRM. Time is charged in minimum units of one-tenth (.1) of an hour. You agree to pay by the hour at my prevailing rates for all time spent on Your matters by my personnel or me. We anticipate that I will perform most of the work in connection with this matter. My rate is usually $400 per hour. It may be increased no more often than every twelve months following the date of this Agreement. If You decline to pay increased rates, I will have the right to withdraw as attomey for You. I will have the authority to and may decide to use staff, law clerks and legal assistants to help me, including the selection of staff, law clerks and/or legal assistants to perform specific tasks, as I believe appropriate, and the services of the law clerks and legal assistants will be charged at their hourly rates in effect at the time. The time charged will include the time I spend, or a law clerk or paralegal spends, on telephone calls relating to Your legal matters, including calls with You, witnesses, opposing counsel or court personnel. The legal personnel assigned to this matter may confer among themselves about the matter, as required and appropriate. When these legal personnel do confer with each other, each person will charge for the time expended, as long as the work done is reasonably necessary and not duplicative. Likewise, if more than one of the legal personnel attends a meeting, court hearing or other proceeding, each will charge for the time spent. The undersigned attorney will charge for waiting time in court and elsewhere and for travel time, both local and out of town. 6. COSTS AND OTHER CHARGES. (a) As Your attorney, I will incur various costs and expenses in performing legal services under this Agreement. As I have limited funds, You agree to pay for most costs up front Yourself, subject to my attorney work-product and our attorney-client privileges, as applicable. Thus, You agree to pay for all costs, disbursements and expenses in addition to the hourly fees. The costs and expenses commonly include, without limitation, service of process charges, filing fees, court and deposition reporters’ fees, jury fees, notary fees, deposition costs, long distance telephone charges, messenger and other delivery fees, postage, rapid courier costs (such as Fed- eral Express or Express Mail), photocopying and other reproduction costs, travel costs including parking, mileage, transportation, meals and hotel costs, investigation expenses, consultants’ fees, expert witness, professional, mediator, arbitrator and/or special master fees and other similar items. Except for the items listed below, all costs and expenses will be charged at my cost. In-office photocopying: 50 cents/pageLetter to Todd Jarvis January 1, 2009 Re: Attorney Fees and Costs Agreement Page 4 In-office photocopying: 50 cents/page Facsimiles 75 cents/page Mileage: IRS mileage rate/ mile (b) Out of town travel. You agree to pay transportation, meals, lodging and all other costs of any necessary out-of-town travel by me or my personnel or agents serving or filing pleadings for me on Your behalf. (c) Experts, Consultants and Investigators, To aid in the preparation or presentation of Your case, it may become necessary to hire expert witnesses, consultants or investigators. You agree to pay such fees and charges. I will select any expert witnesses, consultants or investigators to be hired, in consultation with You, and You will otherwise be informed of persons chosen and their charges. Additionally, You understand that if the matter proceeds to court action or arbitration, You may be required to pay fees and/or costs to other parties in the action. Any such payment will be entirely Your responsibility, 7. BILLING STATEMENTS. I will send You periodic statements for fees and costs incurred. Each statement will be payable within thirty (30) days of its mailing date, subject to the periodic payments agreed. to above. You may request a statement at intervals of no less than 30 days. The statements shall include the amount, rate, basis of calculation or other method of determination of the fees and costs, which costs will be clearly identified by item and amount. 8. LIEN. You hereby grant me a lien on each and all claims or causes of action that are the subject of the representation under this Agreement, The lien will be for any sums owing to me at the conclusion of services performed. The lien will attach to any recovery You may obtain, whether by arbitration award, judgment, settlement or otherwise. The effect of such a lien is that I may be able to compel payment of fees and costs from any such funds recovered on behalf of You even if I have been discharged before the end of the case or I was working in cooperation with another attorney or law firm employed by You. Because a lien may affect Your property rights, You may wish to seek the advice of an independent lawyer of Your choice before agreeing to such a lien. By initialing this paragraph, You represent and agree that You have had a reasonable opportunity to consult such an independent lawyer and—whether or not You have chosen to consult such an independent lawyer—You agree that I, as Your attomey, will have a lien as specified above. © eBF (Client initial Here) 4 C Aiveconey titi Here) % DISCHARGE AND WITHDRAWAL. You may discharge me at any time. I may withdraw with Your consent or for good cause. Good cause includes Your breach of this Agreement, refusal to cooperate or to follow my advice on a material matter or any fact or circumstance that would render my continuing representation unlawful or unethical. When my services conclude, all unpaid charges will immediately become due and payable except as we may otherwise agree. Subject to my right to recovery from recovered funds under the lien provided in Paragraph 8 above, after services from my firm and me conclude I will, upon YourLetter to Todd Jarvis January 1, 2009 Re: Attorney-Client Fees and Costs Agreement Page 5 services. The parties understand that any pleadings prepared were specific to this case and any further use by You or Your attorneys will be at Your own risk since they may not be suitable for use in any other matter. 10. DISCLAIMER OF GUARANTEE AND ESTIMATES. Nothing in this Agreement and nothing in my statements to You will be construed as a promise or guarantee about the outcome of the matter or the fees and costs to pursue the matter. I make no such promises or guarantees. My comments about the outcome of the matter are expressions of opinion only, Any estimate of fees given by me shall not be a guarantee, Actual fees may vary from estimates given. 11, ENTIRE AGREEMENT/LAW. This Agreement, which is governed by California law, contains the entire agreement of the parties regarding the scope of work for these legal services and costs. The parties will not be bound by any other agreement, statement, ot promise related hereto. VA SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held to be unenforceable for any reason in whole or in part, the remainder of that provision and of the entire Agreement, will be severable and remain in effect. 13. MODIFICATION BY SUBSEQUENT AGREEMENT. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them, or an oral agreement only to the extent that the parties carry it out. 14, EFFECTIVE DATE. This Agreement will govern all legal services performed by me or my firm and personnel on behalf of You commencing with the date I first performed services. The date at the beginning of this Agreement is for reference only. Even if this Agreement does not take effect, You will be obligated to pay Attorney the reasonable value of any services rendered by my firm or me and costs advanced, by me or my firm in performing under this Attorney Fees and Costs Agreement. THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. IF MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIO! INDER THIS AGREEMENT. CLIENT SHALL RECEIVE A FULLY EXECUTED DU AGREEMENT. DATED: January 1, 2009 By: Setenter~ > TODD JARVIS, pfdividually And As Trustee Of The Jarvis Administration Trust created per trust instrument dated December 18, 1998| Exhibit “B”Notice of Client's’ Right To Fee Arbitration Client’s Name: TODO JARVIS & JARVIS ADMIN. TRUST Attorney's Name: ROBIN CALDER, ATTORNEY AT LAW Client’s Address: 409 Millbrook Court Attorney’s Address: 1451 Rocky Ridge Drive, # 1203 Client's City, State & Zip: Lincoin, CA 95648 Attorney’s City, State & Zip: Roseville, CA 95661 You have an outstanding balance far fees and/or costs for professional services in the amount of $$836,726.87 plus interest charged to you in the matter of Monterey County Superior Court Case # 31688 on mullipta matiors and appeals & S-Monteray County eminent domain Caltrans casea plus misc [YZ]! have filed a lawsuit against you in the: Court; Santa Clara Co Superior Ct Case No.: Address: 191 N. First St., San Jose, CA 95113 {[] | have filed an arbitration proceeding against you with the: Agency: Case No.: Address: O No lawsuit or arbitration proceeding has yet been filed but may be filed if we do not resolve this claim. You have the right under Sections 6200-6206 of the California Business and Professions Code to request arbitration of these fees or costs by an independent, impartial arbitrator or panel of arbitrators through a bar association program created solely to resolve fee disputes between lawyers and clients. You will LOSE YOUR RIGHT TO ARBITRATION UNDER THIS PROGRAM if: 1, YOU'DO NOT FILE A WRITTEN APPLICATION FOR ARBITRATION WITH THE BAR ASSOCIATION WITHIN 30 DAYS FROM RECEIPT OF THIS NOTICE USING A FORM PROVIDED BY THE LOCAL BAR ASSOCIATION OR STATE BAR OF CALIFORNIA FEE ARBITRATION PROGRAM; OR 2) YOU RECEIVE THIS NOTICE AND THEN EITHER (1) ANSWER A COMPLAINT I HAVE FILED IN COURT; OR (2) FILE A RESPONSE TO ANY ARBITRATION PROCEEDING THAT I HAVE INITIATED FOR COLLECTION OF FEES, AND/OR COSTS, WITHOUT FIRST HAVING SERVED AND FILED A REQUEST FOR ARBITRATION UNDER THIS PROGRAM; OR 3. YOU FILE AN ACTION OR PLEADING IN ANY LAWSUIT WHICH SEEKS ‘A COURT DECISION ON THIS DISPUTE OR. WHICH SEEKS DAMAGES FOR ANY ALLEGED MALPRACTICE OR PROFESSIONAL MISCONDUCT. Ihave the right to file a lawsuit against you if you give up your right to mandatory fee arbitration. If I have already filed a lawsuit or arbitration, you may have the lawsuit or arbitration postponed after you have filed an application for arbitration under this program. Thave determined that: @ There is a focal program which may have jurisdiction to heer this matter, The arbitration program listed below is available to you: Name of Program: _Santa Clara County Bar Association Address: 31 N. Second Street, Suite 400 City, State & Zip: SanJose, Caforia Telephone No; Fee Arbitration Associate Director at (408) 975-2114 You may wish to check the State Bar's website at www.calbar.ca.gov to sec if there are other programs available to you. (© There is no approved local program which has jurisdiction to hear this matter, The Stite Bar of California will conduct fe arbitration (1) where there so approved cal program, (2) where there is 2 local program ut it destnes fr any reason to hest your case, 2) where there is a local program end you wish non-binding arbitration ofthis dispute and refu s%non-binding arbitration of your dispute, of (4) if you beliove you cannot receive a fair hearing before the local bar (famed Atandatory Fee Arbitration, State Bar of California, 180 Howard Street, Son Francisco, CA 94105-1639, (415) 538-2020, whet Lie fie ¢ A *The request for arbitration may also be made by a person who is not t who may be liable for or entitled to a refund of attomney’s fees or costs. |Exhibit “C”Calder v Jarvis, et al. Rate Period: Annual Nominal Annual Rate: 10.000 % AMORTIZATION SCHEDULE - U.S. Rule (no compounding) Interest Interest Principal Balance Due - Date Fees Payment Accrued Paid Paid Interest Principal Total Fees 01/31/2009 11,360.00 0.00 0.00 0.00 0.00 11,360.00 11,360.00 1 01/31/2009 3,800.00 0.00 0.00 3,800.00 0.00 7,560.00 7,560.00 Fees 02/28/2009 10,440.00 57.99 0.00 0.00 57.99 18,000.00 18,057.99 2 02/28/2009 4,800.00 0.00 $7.99 4,742.01 0.00 13,257.99 13,257.99 Fees 03/31/2009 11,480.00 142.60 0.00 0.00 112.60 24,737.99 24,850.59 3 03/31/2009 3,800.00 0.00 112.60 3,687.40 0.00 21,050.59 21,050.59 Fees 04/30/2009 16,240.00 173.02 0.00 0.00 173.02 37,290.59 37,463.61 4 04/30/2009 5,950.00 0,00 173.02 5,776.98 0.00 31,513.61 31,513.61 Fees 05/31/2009 13,120.00 267.65 0.00 0.00 267.65 44,633.61 44,901.26 5 05/31/2009 3,800.00 0.00 267.65 3,532.35 0.00 41,101.26 41,101.26 Fees 06/30/2009 13,480.00 337.82 0.00 0.00 337.82 54,581.26 54,919.08 6 06/30/2009 3,800.00 0.00 337.82 3,462.18 0.00 $1,119.08 51,119.08 Fees 07/31/2009 11,520.00 434.16 0.00 0.00 434.16 62,639.08 63,073.24 7 07/31/2009 3,800.00 0,00 434.16 3,365.84 0.00 59,273.24 59,273.24 Fees 08/31/2009 15,240.00 503.42 0.00 0.00 503.42 74,513.24 75,016.66 8 08/31/2009 3,800.00 0.00 503.42 3,296.58 0.00 71,216.66 71,216.66 Fees 09/30/2009 18,000.00 585,34 0.00 0.00 585.34 89,216.66 89,802.00 9 09/30/2009 3,800.00 0.00 585.34 3,214.66 0.00 86,002.00 86,002.00 Fees 10/31/2009 480.00 730.43 0.00 0.00 730.43 86,482.00 87,212.43 10 10/31/2009 3,800.00 0.00 730.43 3,069.57 0.00 83,412.43 83,412.43 Fees 11/30/2009 5,240.00 685.58 0.00 0.00 685.58 88,652.43 89,338.01 lL 11/30/2009 3,800.00 0.00 685.58 3,114.42 0.00 85,538.01 85,538.01 Fees 12/31/2009 26,370.00 726.49 0.00 0.00 726.49 111,908.01 112,634.50 12 12/31/2009 2,200.00 0.00 726.49 1,473.51 0.00 110,434.50 110,434.50 2009 Totals 152,970.00 47,150.00 4,614.50 4,614.50 42,535.50 Fees 01/31/2010 32,535.00 937.94 0.00 9.00 937.94 142,969.50 143,907.44 13 01/31/2010 12,000.00 0.00 937.94 11,062.06 0.00 131,907.44 131,907.44Interest Interest Principal Balance Due Date Fees Payment Accrued Paid Paid Interest Principal Total Fees 02/28/2010 1,575.00 1,011.89 0.00 0.00 1,011.89 133,482.44 134,494.33 14 02/28/2010 4,300.00 0.00 1,011.89 3,288.11 0.00 130,194.33 130,194.33 Fees 03/31/2010 9,360.00 1,105.76 0.00 0.00 1,105.76 139,554.33 140,660.09 15 03/31/2010 10,700.00 0.00 1,105.76 9,594.24 0.00 129,960.09 129,960.09 Fees 04/30/2010 9,945.00 1,068.17 9.00 0.00 1,068.17 139,905.09 140,973.26 16 04/30/2010 4,300.