On October 04, 2019 a
Party Statement
was filed
involving a dispute between
Bpx Commercial, Inc.,
and
Sierra College Estates, Llc,
for Civil-Roseville
in the District Court of Placer County.
Preview
ELECTRONICALLY FILED
superior Court of California,
County of Placer
5 10/23/2020
SBN 12485 ;
TEVEN A. LAMON,
AUSTIN ADAMS SCHOENFELD LLP By: Eaunelsanders, Deputy Charis
MURPHY
555 Capitol Mall, Suite 850
NH
Sacramento, CA 95814
Telephone: (916) 446-2300
WY
Facsimile: (916) 503-4000 ;
Email: slamon@murphyaustin.com
F&F
Attorneys for Plaintiff
wW
BPX COMM ERCI AL, INC.
DA
YN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
fo
COUNTY OF PLACER
oOo
—_
&
BPX COMMERCIAL, INC., | Case No. S-CV-0043836
FF
—
LLP
SUPPLEMENTAL DECLARATION OF
SCHOENFELD
Plaintiff,
NY
—
MICHAEL THOMAS IN SUPPORT OF
Vv. PLAINTIFF’S MOTION TO ENFORCE
WH
—
ADAMS
SETTLEMENT AGREEMENT
SIERRA COLLEGE ESTATES, LLC,
BP
AUSTIN
—
Assigned for All Purposes:
Honorable Charles D. Wachob
MURPHY
Defendant.
DH
_
Date: 11/5/2020
DH
—
Time: 8:30 a.m.
Dept.: 42
SD
—
FH
2
I, Michael Thomas, declare:
Oo
—
1, I was the attorney of record for Plaintiff BPX Commercial, Inc. (“Plaintiff”) in the
OD
NO
above-noted civil lawsuit filed in Placer County Superior Court. I have personal knowledge
KY§
nN
regarding the matters stated herein and could competently testify to same if called upon to do so.
NY
nN
2. My hourly rate is$310 per hour. I have spent 8.06+ hours preparing the Motion to
WwW
No
Enforce Settlement, including communications with opposing counsel and preparation of the
BR
i)
pleadings. These fees were necessarily incurred because defendant defaulted on the payment
RQ
A
terms of the settlement agreement and are reasonable under the circumstances.
HK
N
I declare under penalty of perjury under the laws of the State of California that the
NY
ho
foregoing is true and correct.
co
ho
y 6630.001-3243122.1
SUPPLEMENTAL DECLARATION OF MICHAEL THOMAS IN SUPPORT OF PLAINTIFF’S MOTIO
YP
WD
Executed this 22ndday of October, 2020, at Roseville, California.
At.
HEH
By:
Michdel Thomas
UH
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IN
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CO
YK
YF
LLP
SCHOENFELD
NY
KF
KF
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ADAMS
FP
AUSTIN
FF
MURPHY
HH
FP
HDB
FP
HN
RP
DBD
|}
YF
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CD
NO
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6630.001-3243122.1
-2-
SUPPLEMENTAL DECLARATION OF MICHAEL THOMAS IN SUPPORT OF PLAINTIFF’S MOTIO
PROOF OF SERVICE
Re: | BPX Commercial v. Sierra College Estates, LLC
Placer County Superior Court Case No. S-CV-0043836
I,AMANDA SAUNDERS, declare:
I am a citizen of the United States and employed in Sacramento County, California. Iam
over the age of eighteen years and not a party to the within-entitled action. My business address
is 555 Capitol Mall, Suite 850, Sacramento, California 95814, and my email address is
asaunders@murphyaustin.com.
I am readily familiar with the business practice at my place of business for collection and
processing of correspondence for mailing with the United States Postal Service. Correspondence
so collected and processed would be deposited with the United States Postal Service that same
day in the ordinary course of business.
I also am readily familiar with the business practice for serving documents electronically.
10 Documents so collected and processed would be electronically served that same day in the
ordinary course of business following ordinary business practices.
11
LLP
On October 23, 2020, I served the following document(s) described as:
12
SCHOENFELD
SUPPLEMENTAL DECLARATION IN SUPPORT OF MOTION TO ENFORCE
13 SETTLEMENT AGREEMENT
ADAMS
14 by placing a true copy thereof in a sealed envelope with first-class postage thereon
AUSTIN
fully prepaid, in the United States Postal Service Mail at Sacramento, California
15
MURPHY
addressed as set forth below.
16 CO by causing a true copy thereof to be personally delivered to the person(s) at the
address(es) set forth below.
17
CO by sending via facsimile a true and correct copy thereof to the facsimile number(s)
18 set forth below (A transmission report was properly issued by the sending facsimile
machine, and the transmission was reported as complete and without error).
19
CO by shipping a true copy thereof via overnight mail (Federal Express, United Parcel
20 Service, Express Mail), in accordance with this firm's usual practice, to the
person(s) at the address(es) set forth below.
21
CO by transmitting via my electronic service address (asaunders@murphyaustin.com)
22 the document(s) listed above to the person(s) at the e-mail address(es) set forth
below.
23
Marlon H. Bateman
24 5701 Lonetree Blvd., Suite 102
Rocklin, CA 95765
25
I declare under penalty of perjury under the laws of the State of California that the
26 foregoing is true and correct. I declare that Iam employed in the office of amember of the bar of
this court at whose direction the service was made. Executed on October 23, 2020, at
27 Sacramento, California. Lina
Ondo Cauda
28 AMANDA SAUNDERS
6630.001-3245193.1
-l-
PROOF OF SERVICE
Document Filed Date
October 23, 2020
Case Filing Date
October 04, 2019
Status
Open Dismissal: No ADR 05/18/2020
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Preview
ELECTRONICALLY FILED superior Court of California, County of Placer 5 10/23/2020 SBN 12485 ; TEVEN A. LAMON, AUSTIN ADAMS SCHOENFELD LLP By: Eaunelsanders, Deputy Charis MURPHY 555 Capitol Mall, Suite 850 NH Sacramento, CA 95814 Telephone: (916) 446-2300 WY Facsimile: (916) 503-4000 ; Email: slamon@murphyaustin.com F&F Attorneys for Plaintiff wW BPX COMM ERCI AL, INC. DA YN SUPERIOR COURT OF THE STATE OF CALIFORNIA fo COUNTY OF PLACER oOo —_ & BPX COMMERCIAL, INC., | Case No. S-CV-0043836 FF — LLP SUPPLEMENTAL DECLARATION OF SCHOENFELD Plaintiff, NY — MICHAEL THOMAS IN SUPPORT OF Vv. PLAINTIFF’S MOTION TO ENFORCE WH — ADAMS SETTLEMENT AGREEMENT SIERRA COLLEGE ESTATES, LLC, BP AUSTIN — Assigned for All Purposes: Honorable Charles D. Wachob MURPHY Defendant. DH _ Date: 11/5/2020 DH — Time: 8:30 a.m. Dept.: 42 SD — FH 2 I, Michael Thomas, declare: Oo — 1, I was the attorney of record for Plaintiff BPX Commercial, Inc. (“Plaintiff”) in the OD NO above-noted civil lawsuit filed in Placer County Superior Court. I have personal knowledge KY§ nN regarding the matters stated herein and could competently testify to same if called upon to do so. NY nN 2. My hourly rate is$310 per hour. I have spent 8.06+ hours preparing the Motion to WwW No Enforce Settlement, including communications with opposing counsel and preparation of the BR i) pleadings. These fees were necessarily incurred because defendant defaulted on the payment RQ A terms of the settlement agreement and are reasonable under the circumstances. HK N I declare under penalty of perjury under the laws of the State of California that the NY ho foregoing is true and correct. co ho y 6630.001-3243122.1 SUPPLEMENTAL DECLARATION OF MICHAEL THOMAS IN SUPPORT OF PLAINTIFF’S MOTIO YP WD Executed this 22ndday of October, 2020, at Roseville, California. At. HEH By: Michdel Thomas UH NHN IN © oOo CO YK YF LLP SCHOENFELD NY KF KF WW ADAMS FP AUSTIN FF MURPHY HH FP HDB FP HN RP DBD |} YF O CD NO NY K NO NY WH NY F&® NY WO NY NYO NH YD wo oOo wo 6630.001-3243122.1 -2- SUPPLEMENTAL DECLARATION OF MICHAEL THOMAS IN SUPPORT OF PLAINTIFF’S MOTIO PROOF OF SERVICE Re: | BPX Commercial v. Sierra College Estates, LLC Placer County Superior Court Case No. S-CV-0043836 I,AMANDA SAUNDERS, declare: I am a citizen of the United States and employed in Sacramento County, California. Iam over the age of eighteen years and not a party to the within-entitled action. My business address is 555 Capitol Mall, Suite 850, Sacramento, California 95814, and my email address is asaunders@murphyaustin.com. I am readily familiar with the business practice at my place of business for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed would be deposited with the United States Postal Service that same day in the ordinary course of business. I also am readily familiar with the business practice for serving documents electronically. 10 Documents so collected and processed would be electronically served that same day in the ordinary course of business following ordinary business practices. 11 LLP On October 23, 2020, I served the following document(s) described as: 12 SCHOENFELD SUPPLEMENTAL DECLARATION IN SUPPORT OF MOTION TO ENFORCE 13 SETTLEMENT AGREEMENT ADAMS 14 by placing a true copy thereof in a sealed envelope with first-class postage thereon AUSTIN fully prepaid, in the United States Postal Service Mail at Sacramento, California 15 MURPHY addressed as set forth below. 16 CO by causing a true copy thereof to be personally delivered to the person(s) at the address(es) set forth below. 17 CO by sending via facsimile a true and correct copy thereof to the facsimile number(s) 18 set forth below (A transmission report was properly issued by the sending facsimile machine, and the transmission was reported as complete and without error). 19 CO by shipping a true copy thereof via overnight mail (Federal Express, United Parcel 20 Service, Express Mail), in accordance with this firm's usual practice, to the person(s) at the address(es) set forth below. 21 CO by transmitting via my electronic service address (asaunders@murphyaustin.com) 22 the document(s) listed above to the person(s) at the e-mail address(es) set forth below. 23 Marlon H. Bateman 24 5701 Lonetree Blvd., Suite 102 Rocklin, CA 95765 25 I declare under penalty of perjury under the laws of the State of California that the 26 foregoing is true and correct. I declare that Iam employed in the office of amember of the bar of this court at whose direction the service was made. Executed on October 23, 2020, at 27 Sacramento, California. Lina Ondo Cauda 28 AMANDA SAUNDERS 6630.001-3245193.1 -l- PROOF OF SERVICE