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Tracy
331
N~
Arguello
Tumlin
Blvd.
SBN 38877 FILED
SAN MATEO COUNTY
San Francisco, CA 94118
808-345-7192 JUL 1 2013
Attorney for Plaintiff gg rier Qyrt
Leonard Nordeman &
Montgomery Sansome LP
1
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN THE COUNTY OF SAN MATEO
) Case No.: No. CIV 508839
LEONARD NORDEMAN, and )
) DECLARATION OF LEONARD NORDEMAN
MONTGOMERY SANSOME ) IN SUPPORT OF MOTION TO CONFIRM
10 ARBITRATION AWARD
Plaintiff, )
)
11 )
vs. )
)
ROBERT LUBIN, and ANTHONY SMITH )
Defendant
14
TO EACH PARTY AND TO THE COUNSEL OF RECORDF FOR EACH
15 PARTY'ETITIONER
LEAONARD NORDEMAN HEREBY DECLARES:
16
1. That I am a Plaintiff herein and I am the general partner
17
18
of MONTGOMERY SANSOME LP herein. If I were called as a
witness I could testify to the above of my own knowledge to
19
the facts stated herein.
20
2. The arbitration agreement herein Exhibit A of the Petition
21
sets forth the COSTS provision of page 4 lines 20 -26.
22
3. In order to get the JAMS award released they required that
23
their fees be paid in advance. Defendant Anthony Smith had
not paid any fees so in order to get the award I had to pay
25
his fees as well as mine. I made the following payments:
26
4/10/2013 $ 2,500.00
27
5/07/2013 1,200.00
28
5/16/2013 850.00
5/23/2013 20,573.19
TOTAL 25,400.84
JAMS has promised to refund to MONTGOMERY SANSMOE LP the
sum of $ 722.35 which has not been received. Therefore all
we are seeking is the net amount paid to JAMS of
$ 24,400.84. A copy of JAMS final bill is attached marked
Exhibit ¹ C and incorporated herein.
10 I declare under penalty of perjury that the foregoing is
true and correct. Executed in Burlingame, California.
12 Dated: June 28, 2013
13
+ V'EO
NORDEMAN, PETITIONER
15 Individually nd s GP of Montgomery Sansome LP
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e, JAMS
THE RESOLVTiOH EXPERTS
Statement Date
STATEMENT OF ACCOUNT 05/2$ /13
TO: Tracy Tumlin Reference ¹: 1100073046 DJR
331 Arguello Billing Specialist Glenn Wlason
San Francisco, CA 94116 Telephone: 949-2244654
Employer ID: 684I542699
RE: Nordeman, Leonard et al vs. Lubin, Robert et al
Representing: Leonard Nordeman Neutrals(s): Non. V. Gene llcDonald (Ret.)
Ilontgomery Sansome LP
Hearing Type Artritration REPt 3
Date Description Charges Balance ]
03/15/13 INVOICE ¹0002843782-100 7,466.66 7,466.66
CK ¹9399 '4/10/13
2,500.00 4,966.66
1-14 Paid By: Montgomery Sansome LP
04/16/13 INVOICE ¹0002868374-100 5,094.92 10,061.58
CK ¹9591 '5/07/13
1,200.00 8,861.58
2-32 Paid By: Montgomery Sansome LP
05/16/13 CK «9658 8,011.58
1-19 Paid By: Montgomery Sansome LP
05/21/13 CREDIT MEMO ¹ ¹0002895707 5,850.01 2,161.57
INVOICE ¹0002895708-100 '5/21/13
5,488.83 7,650.40
05/23/13 CK¹9692 20,573.19 (1 2,922.79)
1-13 Paid By: Montgomery Sansome LP
05/23/13 PAYMNT REVSL ¹9692 (20,573.19) 7,650.40
05/23/13 CK ¹9692 8,372.75
1-13 Paid By: Montgomery Sansome LP
Credit Balance,
Do not pay: (722.35)
YOUR ACCOUNT BALANCE IS DUE UPON RECEIPT
Rease make checks payable to JAMS, Inc. and mail to:
P.O. BOX 512850
Los Angeles, CA $ 0051OS50
Page 1 of 1
PROOF OF SERVICE
I,Tracy N. Tumlin, declare:
Iam over the age of 18 years and not a party to the within action; I am employed in the
County of San Francisco, State of California and my business address is 331 Arguello Blvd., San
Francisco, California, 94118. On the date entered below, I served the following documents:
DECLARATION OF LEONARD NORDEMAN IN SUPPORT OF MOTION TO CONFIRM ARBITRATION
AWARD
By Personal Service by personally delivering a true and correct copy of the
foregoing document to the person served as indicated below, at the address, date and time
indicated below.
x By mail (CCP 1013A & 2015.5): Iplaced a true and correct copy of the foregoing
document, addressed to the following party(IES) listed below or on the Service List, in asealed
envelope, with the United States Postal Service in the City of San Francisco, California.
By Electronic Service: A true copy of the aforementioned document was
transmitted via electronic transmission to the party listed below. Idid not receive, within a
reasonable time after the transmission, any electronic message or other indication that the
transmission was unsuccessful. The time, date, and electronic notification address of the
person served is reflected on said transmission report.
Peter L Weber Esq Phillip Ward, Esq.
Murphy, Pearson, Bradley & Feeney Hassard Bonnington, LLP
88 Kearny St Two Embarcadero Center, Ste. 1800
San Francaisco, CA 94108 San Francisco, CA 94111
I declare under penalty of perjury in accordance with the laws of the State of California
that the foregoing is true and correct, and that this document was executed in San Francisco,
California, on June 28, 2013
1
Tracy N. Tumlin
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Tracy 331 N~ Arguello Tumlin Blvd. SBN 38877 FILED SAN MATEO COUNTY San Francisco, CA 94118 808-345-7192 JUL 1 2013 Attorney for Plaintiff gg rier Qyrt Leonard Nordeman & Montgomery Sansome LP 1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN THE COUNTY OF SAN MATEO ) Case No.: No. CIV 508839 LEONARD NORDEMAN, and ) ) DECLARATION OF LEONARD NORDEMAN MONTGOMERY SANSOME ) IN SUPPORT OF MOTION TO CONFIRM 10 ARBITRATION AWARD Plaintiff, ) ) 11 ) vs. ) ) ROBERT LUBIN, and ANTHONY SMITH ) Defendant 14 TO EACH PARTY AND TO THE COUNSEL OF RECORDF FOR EACH 15 PARTY'ETITIONER LEAONARD NORDEMAN HEREBY DECLARES: 16 1. That I am a Plaintiff herein and I am the general partner 17 18 of MONTGOMERY SANSOME LP herein. If I were called as a witness I could testify to the above of my own knowledge to 19 the facts stated herein. 20 2. The arbitration agreement herein Exhibit A of the Petition 21 sets forth the COSTS provision of page 4 lines 20 -26. 22 3. In order to get the JAMS award released they required that 23 their fees be paid in advance. Defendant Anthony Smith had not paid any fees so in order to get the award I had to pay 25 his fees as well as mine. I made the following payments: 26 4/10/2013 $ 2,500.00 27 5/07/2013 1,200.00 28 5/16/2013 850.00 5/23/2013 20,573.19 TOTAL 25,400.84 JAMS has promised to refund to MONTGOMERY SANSMOE LP the sum of $ 722.35 which has not been received. Therefore all we are seeking is the net amount paid to JAMS of $ 24,400.84. A copy of JAMS final bill is attached marked Exhibit ¹ C and incorporated herein. 10 I declare under penalty of perjury that the foregoing is true and correct. Executed in Burlingame, California. 12 Dated: June 28, 2013 13 + V'EO NORDEMAN, PETITIONER 15 Individually nd s GP of Montgomery Sansome LP 17 18 19 20 21 22 23 24 25 26 27 28 e, JAMS THE RESOLVTiOH EXPERTS Statement Date STATEMENT OF ACCOUNT 05/2$ /13 TO: Tracy Tumlin Reference ¹: 1100073046 DJR 331 Arguello Billing Specialist Glenn Wlason San Francisco, CA 94116 Telephone: 949-2244654 Employer ID: 684I542699 RE: Nordeman, Leonard et al vs. Lubin, Robert et al Representing: Leonard Nordeman Neutrals(s): Non. V. Gene llcDonald (Ret.) Ilontgomery Sansome LP Hearing Type Artritration REPt 3 Date Description Charges Balance ] 03/15/13 INVOICE ¹0002843782-100 7,466.66 7,466.66 CK ¹9399 '4/10/13 2,500.00 4,966.66 1-14 Paid By: Montgomery Sansome LP 04/16/13 INVOICE ¹0002868374-100 5,094.92 10,061.58 CK ¹9591 '5/07/13 1,200.00 8,861.58 2-32 Paid By: Montgomery Sansome LP 05/16/13 CK «9658 8,011.58 1-19 Paid By: Montgomery Sansome LP 05/21/13 CREDIT MEMO ¹ ¹0002895707 5,850.01 2,161.57 INVOICE ¹0002895708-100 '5/21/13 5,488.83 7,650.40 05/23/13 CK¹9692 20,573.19 (1 2,922.79) 1-13 Paid By: Montgomery Sansome LP 05/23/13 PAYMNT REVSL ¹9692 (20,573.19) 7,650.40 05/23/13 CK ¹9692 8,372.75 1-13 Paid By: Montgomery Sansome LP Credit Balance, Do not pay: (722.35) YOUR ACCOUNT BALANCE IS DUE UPON RECEIPT Rease make checks payable to JAMS, Inc. and mail to: P.O. BOX 512850 Los Angeles, CA $ 0051OS50 Page 1 of 1 PROOF OF SERVICE I,Tracy N. Tumlin, declare: Iam over the age of 18 years and not a party to the within action; I am employed in the County of San Francisco, State of California and my business address is 331 Arguello Blvd., San Francisco, California, 94118. On the date entered below, I served the following documents: DECLARATION OF LEONARD NORDEMAN IN SUPPORT OF MOTION TO CONFIRM ARBITRATION AWARD By Personal Service by personally delivering a true and correct copy of the foregoing document to the person served as indicated below, at the address, date and time indicated below. x By mail (CCP 1013A & 2015.5): Iplaced a true and correct copy of the foregoing document, addressed to the following party(IES) listed below or on the Service List, in asealed envelope, with the United States Postal Service in the City of San Francisco, California. By Electronic Service: A true copy of the aforementioned document was transmitted via electronic transmission to the party listed below. Idid not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. The time, date, and electronic notification address of the person served is reflected on said transmission report. Peter L Weber Esq Phillip Ward, Esq. Murphy, Pearson, Bradley & Feeney Hassard Bonnington, LLP 88 Kearny St Two Embarcadero Center, Ste. 1800 San Francaisco, CA 94108 San Francisco, CA 94111 I declare under penalty of perjury in accordance with the laws of the State of California that the foregoing is true and correct, and that this document was executed in San Francisco, California, on June 28, 2013 1 Tracy N. Tumlin