Preview
AT-155.
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): ‘TELEPHONE NO FOR COURT USE ONLY
| DAVID FRIEDMAN, State Bar #204442 (310) 273-2800
FRIEDMAN & FRIEDMAN ELECTRONICALLY FILED
9454 Wilshire Boulevard, Suite 313
Beverly Hills, California 90212
Superior Court of California
atrorney
For (vame) Defendant Catherine Ann "Cat" Cora County of Santa Barbara
naweor court SANTA BARBARA COUNTY SUPERIOR COURT Darrel E. Parker, Executive Officer
street aoress. 1100 Anacapa Street 7/6/2018 2:29 PM
maine anpress P.O. Box 21107 By: Sarah Sisto, Deputy
city ano zp coos Santa Barbara, California 93101
BRANCH NAME nacapa
PLAINTIFF: Jacqueline Misho dba Misho Law Group
bereNDANT: Catherine Ann "Cat" Cora; Cat Cora, Inc.
CASE NUMBER:
NOTICE OF
(X] OPPOSITION TO APPLICATION FOR RIGHT TO ATTACH ORDER
(X) CLAIM OF EXEMPTION 18 CV 01749
(C) MOTION (AFTER ISSUANCE OF WRIT) FOR CLAIM OF EXEMPTION
() AND MOTION FOR CLAIM OF EXEMPTION
1. To plaintiff (name): Jacqueline Misho dba Misho Law Group
2. You are notified that a hearing will be held in this court as follows:
date:July 25, 2018 time:9:30 a.m. CK] dept.: 6 (C&D div.: CI mm.
3. This opposition or claim of exemption is filed by
a. [EJ defendant (specify name): Catherine Ann "Cat" Cora
b. [2] nondefendant (specify name and mailing address where service of opposition may be made):
(name and last known address of defendant):
4. Oppasing party
a. (XZ) will oppose the issuance of a right to attach order upon the following grounds(specify grounds of opposition):
1) That Plaintiff is a natural person and the claim does not arise from Plaintiff
conducting a trade, business or profession, therefore a Writ of Attachment is
t
=P B ropriate per C.C.P. 483.010 (c
1 aintiff has not demonstrated a liklihood that Plaintiff will prevail.
b. CE] objects to the amount sought to be secured by the altachment upon the following grounds (specify grounds of
opposition):
Plaintiff has not demonstrated a liklihood that she can recover $325,000 or any sum.
Plaintiff has not provided any evidence for the alleged $5,000 in attorney's fees.
(Continued on reverse)
‘orm, by: NOTICE OF OPPOSITION TO RIGHT TO ATTACH ORDER ‘CCP 482.030
suAT-155,
il cr
fale
Rev
‘Op! onal Fm. CrB Essential
Js\Forms-
AND CLAIM OF EXEMPTION
(Attachment)
SHORT TITLE: ‘CASE NUMBER:
Misho vs. Cora 18CV 0 1749
4.c. [] will claim exemption.
C2 will move the court for an exemption from attachment of the following property:
(1) 2) Property exempt from execution under CCP 703.010 et seq. (specify code section and describe property):
(a) J Property exempt under CCP 704.010 (motor vehicles] or 704.060 [tools of a trade] (describe all other
property of the same type, including exempt proceeds of property of the same type, owned by
defendant alone or in combination with others on the date of levy and identify the property to which
the exemption is to be applied, regardless of whether it was levied upon):
(b) CQ) Property exempt under CCP 704,100 [life insurance policies] (state the nature and amount of all
other property of the same type owned by defendant or defendant's spouse alone or in combination
with others on the date of levy):
(2) KX] Property which is necessary for the support of a defendant who is a natural person and the family of the
defendant supported in whole or in part by the defendant (CCP 487.020(b) (describe the property and attach
a financial statement executed under oath as required in CCP 703.530):
See Attached
(3) GJ Compensation paid or payable to a defendant employee by an employer for personal services performed by
the employee whether denominated as wages, salary, commission, bonus or otherwise (CCP 487.020(c))
(describe compensationy.
See attached
(4) (2) Property not subject to attachment pursuant to CCP 487.010 (describe property):
(5) (&]) Other (describe property and specify grounds for exemption):
See Attached.
5, Defendant's affidavit supporting any factual issues and points and authorilies supporting any legal issues is attached.
6. Total number of pages attached: 44
Date: July 6, 2018
David Friedman. {TYPE OR PRINT NAME) po daa! dD
(SIGNATURE OF DEFENDANT OR ATTORNEY)
By: David Fi tiedman, Attorney for Defendant
AT-155 (Rev. Juty1, 1983] NOTICE OF OPPOSITION TO RIGHT TO ATTACH ORDER Page wo
AND CLAIM OF EXEMPTION
CB || {s|Eorms-
Essential
MEMORANDUM OF POINTS AND AUTHORITIES
iN PPORT
OF OPPOS! C. FOR
PRE-JUDGMENT WRIT OF ATTACHMENT
+4
INTRODUCTION
The instant matter is an attorney/client fee dispute between a natural person,
Catherine Ann Cora ("CORA") and her former attorney, Jacqueline Misho ("MISHO"),
dba Misho Law Group, based on a contract to provide legal services for Cat's Dissolution
of Marriage case. MISHO is now seeking an improper Pre-Judgment Writ of Attachment
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which is clearly prohibited based on the plain language of Code of Civil Procedure |
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§483,010 (c). CORA is a natural person and the within lawsuit does not arise from
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CORA's conduct of a trade, business or profession because the lawsuit is based on legal
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alate
os services for a divorce case. A divorce is the most personal type of matter which can be
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handled by a lawyer, and is clearly not dealing with CORA conducting a trade, business
or profession. The divorce dealt with child custody, child support, spousal! support and
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3 55517 property division. Additionally, Code of Civil Procedure §483.010 (c) provides that a Writ
ageagaraa
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of Attachment may not issue against a natural person if the claim is based on the
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19 furnishing of services used by the defendant primarily for personal purposes. The ||
20 divorce matter was purely personal and as such no Pre-Judgment Writ of Attachment
21 may issue.
22 MISHO has failed to present any evidence of the likelihood that she will prevail in |
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23 this fee dispute. CORA has vigorous and robust defenses in the underlying lawsuit, and
24 MISHO will need to prove the reasonableness of the over $300,000 in fees she is
25 seeking. CORA plans to retain an expert witness to opine on the unreasonable nature of
26 the excessive fees sought. MISHO has violated Business and Professions Code Section
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In re the Matter of: SANTA BARBARA SUPERIOR COURT
Plaintiff: JACQUELINE MISHO ASE NO. 18CVO1749
Defendant: CATHERINE ANN CORA Opposition to Application for Pre-Judgment
Writ of Attachment
6149 in attaching a copy of the confidential contract between CORA and MISHO to the
Complaint in this matter. Further, MISHO has violated her fiduciary duties and duties to
maintain the confidentiality of attorney/client communications by: 1) Not redacting
CORA's home address on the Notice of Right to Arbitrate (attached to the complaint) 2)
Discussing CORA's personal and business contracts in the Complaint and Application for |
Writ of Attachment. (See California Rules of Professional Conduct, Rule 3-100). During
the divorce matter MISHO advised CORA to skip a mandatory custody mediation which
was in violation of California Family Code §3170. In sum, CORA has serious defenses
and MISHO can't show a likelihood that CAT will owe her $300,000 or any sum.
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Further, pursuant to Code of Civil Procedure §484.070, CORA claims that all of
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the assets sought to be attached are exempt as they are necessary for the support of
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herself, her four children and her former spouse, and as such should be exempt
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of pursuant to Code of Civil Procedure §706.051.
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See
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APRE-JUDGMENT WRIT OF ATTACHMENT MAY NOT ISSUE IN THIS MATTER
£32
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225232 Code of Civil Procedure §483.010 (c) provides: "If the action is against a
g@ardss 17
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Ba Sgae
Defendant who is a natural person, an attachment may be issued only on a claim which
19 arises out of the conduct of a trade, business or profession. An attachment may not be
20 issued on a claim against a defendant who is a natural person if the claim is based
21 on...the furnishing of services...used by the defendant primarily for personal, family or
22 household purposes." CORA is a natural person and the claim in this matter is based on
23 personal services rendered for a divorce case dealing with child custody issues. CORA
24 is not in the business of getting divorced so no Pre-Judgment Writ of attachment may
25 issue in this matter.
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In re the Matter of: SANTA BARBARA SUPERIOR COURT
Plaintiff: JACQUELINE MISHO CASE NO, 18CVO1749
Defendant: CATHERINE ANN CORA Opposition to Application for Pre-Judgment
Writ of Attachment
In the case of Nakasone v. Randall (1982) 129 Cal.App.3d 757, the Court of
Appeal dealt with a case involving the sale of real property that the defendants owned for
about thirty years. There were issues with the sale and a lawsuit ensued. Plaintiffs
attempted to get a writ of attachment based on the faci that Defendants were allegedly in
the business of selling real estate. The Court of Appeal stated, ". . . the assertion of
Frederik Kim in his declaration that in September 1979 defendant told him she was a real
estate broker simply is not such evidence as a reasonable man would accept as
adequate to support the conclusion that when defendant, at 86 and in poor health, sold
on her own account a piece of her own real property . . . that she was engaged in the
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‘business’ of selling real estate." (Supra, at 763). The Nakasone court went on to state,
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"This is not the type of activity to which the attachment statute was intended to apply;
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and even accepting Kim's statement that defendant told him she was a real estate
530
Sale|
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af broker, all of the evidence points to a sale of her by her own personaily held property on
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ae her own account and not one which arises out of the business of a real estate broker."
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22 16 (Supra, at 764).
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53517 Just because CORA informed MISHO that she is a chef/restauranteur/business
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18 person does not mean that MISHO was hired to perform services related to CORA's
19 businesses. In fact, MISHO was hired to deal with child custody issues, chitd support
20 issues, and spousal support. Even though MISHO dealt with division of community
21 property and was privy to CORA's earnings and business endeavors that does not mean
22 that CORA had MISHO performing any work related to any business. MISHO was not |
23 hired for a dissolution of a partnership or corporation, but solely for CORA's personal
24 dissolution action. The only way MISHO's services could be construed to be in
25 connection with a business, trade or profession would be if CORA's business was in !
26 divorcing people. Needless to say CORA is not in the business of divorcing people.
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In re the Matter of: SANTA BARBARA SUPERIOR COURT
Plaintiff: JACQUELINE MISHO CASE NO. 18CVO1749
Defendant: CATHERINE ANN CORA Opposition to Application for Pre-Judgment
‘Writ of Attachment
3
MISHO HAS NOT DEMONSTRATED A PROBABILITY SHE WILL PREVAIL
Cora has many defenses which will be raised, but most importantly the fees
MISHO are seeking are unconscionable pursuant to California Rules of Professional
Conduct 4-200. {n evaluating the claimed fees this Court must evaluate the factors
enumerated in Rule 4-200 as well as the case law criteria laid out in Marriage of Cueva
(1978) 86 Cal.App.3d 293. MISHO has not set forth any reasoning as to why she will
prevail in an action seeking over $300,000 in legal fees when she has already been paid
aver $200,000. MISHO does not elaborate on any of the criteria set forth in Rule 4-200,
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Marriage of Cueva, or other relevant case law, as to how and why the fees she is
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seeking are reasonable.
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CORA intends to retain an expert witness to opine on the unconscionable and
Bee
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az excessive nature of the fees MISHO is seeking. Additionally, CORA has been harmed
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598
aS by MISHO's repeated violations of her professional and fiduciary duties. MISHO
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35 16 attached a copy of the confidential fee agreement with CORA to her complaint in this
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338259 matter which is a clear violation of Business & Professions Code §6194. MISHO also
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2
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gar attached a Notice of Right to Arbitrate which contained a home address for CORA, and
19 has set forth certain business and personal contracts of CORA, which both violate
20 MISHO's duty to keep client communications confidential pursuant to Califomia Rules of
21 Professional Conduct Rule 3-100. MISHO advised CORA that she did not need to
22 attend a mandatory custody mediation which is required pursuant to California Family
23 Code §3170. MISHO abandoned CORA after the Judgment was entered, wrongly telling
24 CORA that the agreement between the parties prohibited MISHO from doing post-
25 judgment work. In fact the only work which is excluded by the contract is appellate work
26 and other lawsuits.
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In re the Matter of: SANTA BARBARA SUPERIOR COURT
Plaintiff: JACQUELINE MISHO CASE NO. 18CV01749
Defendant: CATHERINE ANN CORA Opposition to Application for Pre-Judgment
Writ of Attachment |
MISHO has not provided this Court with any documents on which to conclude that
she will prevail in her lawsuit. In fact the only billing statements which are attached to the
Application for Pre-Judgment Writ of Attachment (and the Complaint) show MISHO
purportedly billing CORA about $4,000 for e-mails. Further, these bitling statements
show what looks like double or triple billing for the exact same task. On November 14,
2016, an associate in MISHO's office billed 1.8 hours to draft objections to a Statement
of Decision. Then on November 15 the same assaciate billed another 1.9 hours for the
same task. And then, once again, the same associate billed another 1.4 hours to draft
the same objections. CORA should not be triple billed for the same task. This is just one
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billing statement which shows unconscionable billing practices, and CORA submits that a
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further review of the billing statements through MISHO's entire representation will show
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further double and possibly triple billing for the same task.
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os CORA has further defenses which will emerge as discovery is completed and
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22°
£53
CORA's expert is able to perform their work. In sum, MISHO has not and can not
£15
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220 46 demonstrate the probable success on a $300,000 attorney fee claim and as such this
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2522 17 Court should deny the within Application for Pre-Judgment Writ of Attachment.
So
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4.
19 ALL OF THE ASSETS WHICH PLAINTIFF IS SEEKING TO ATTACH ARE
20 NECESSARY FOR THE CAT AND HER FAMILY'S SUPPORT
2t MISHG is seeking to attach basically all of CORA's sources of income. CORA is
22 currently paying the sum of $9,500 per month for spousal support, and $8,118 per month
23 in child support (See pages 13 and 17 of Exhibit "A"). The court in calculating these
24 support amounts, looked to all of CORA's income. If any of CORA's sources of income
25 are attached, CORA will be unable to pay the Court ordered support which will subject
26 CORA to arrears, interest, and possible contempt. Additionally, on top of CORA paying
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In re the Matter of: SANTA BARBARA SUPERIOR COURT
Plaintiff; JACQUELINE MISHO CASE NO. 18601749
Defendant: CATHERINE ANN CORA Opposition to Application for Pre Judgment
‘Writ of Attachment
child and spousal support, she must support herself and her children as she has 50%
custody. CORA asserts that the assets and contracts sought to be attached should be
exempt pursuant to Code of Civil Procedure §706.051.
CORA iurther claims that her bank accounts are exempt pursuant to Code of Civil
Procedure §704.070 since her bank account will contain her paid earnings.
If this Court is going to grant any Pre-Judgment Writ then CORA respectfully
requests that this Court grant a continuance pursuant to Code of Civil Procedure
§484.080; however, this is only if this Court is going to grant a Pre-Judgment Writ so that
she can further brief the exemption issue.
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DATED: June 8, 2018 FRIEDMAN & FRIEDMAN
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so DAVID H. FRIEDMAN, Attorneys for
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215 Defendant CATHERINE ANN CORA
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In re the Matter of: SANTA BARBARA SUPERIOR COURT
Plaintiff: JACQUELINE MISHO CASE NO. 18CV01749
Defendant: CATHERINE ANN CORA Opposition to Application for PreJudgment
Writ of Attachment
DECLARATION OF CATHERINE ANN "CAT" CORA IN OPPOSITION TO
APPLICATION FOR PRE-JUDGMENT WRIT OF ATTACHMENT
|, CATHERINE CORA, declare that if called as a witness | could and would
competently testify of my own personal knowledge as follows:
1 lam the Defendant in this matter. | am submitting this Declaration in
opposition to Plaintiff Jacqueline Misho, dba Misho Law Group's ("MISHO") Application
for Pre-Judgment Writ of Attachment.
2 This declaration is in lieu of personal testimony pursuant to Sections 2009
and 2015.5 of the Code of Civil Pracedure, Rules 3.1306 and 5.111 of the California
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Rules of Court, Reifler v. Superior Court (1974) 39 Cal. App. 3d 479, 114 Cal. Rptr. 356
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and Marriage of Stevenot (1984) 154 Cal. App. 3d 1051, 202 Cal. Rptr. 116.
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3. lam a natural person. | did not retain MISHO to act as my counsel in
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as connection with any business, profession or trade. | hired MISHO to represent me in the
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most personal of matters, my divorce case. | did not hire MISHO to represent me in
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20 16 connection with any business.
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Bare g517 4 I have paid MISHO over $200,000 and [ think her request for an additional
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easter
$300,000 plus in remaining fees, is unconscionable. | found certain things that MISHO
19 did during my case to be highly questionable and which call into question whether she is
20 entitled to any further fees from me. For example, MISHO advised me to skip a
21 mandatory custody mediation. This led the Judge to consider possibly sanctioning me.
22 5 | was also shocked to learn that MISHO has attached a copy of our
23 confidential retainer agreement to her complaint in this matter. Additionally, when |
24 learned that MISHO attached a Notice of Right to Arbitrate which had my home address
25 on it, |became very upset as my home address is not for public record.
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In re the Matter of: SANTA BARBARA SUPERIOR COURT
Plaintiff: JACQUELINE MISHO CASE NO. 18CV01749
Defendant: CATHERINE ANN CORA Opposition to Application for Pre-Judgment
Writ of Attachment
6. J intend to retain an expert witness to review MISHO's bills, pleadings, and
tactics in order to see whether MISHO's billings are accurate and reflect necessary
services. | also intend to find out whether MISHO's actions in fact hurt my interests in the
dissolution process.
ia As for my assets and income being exempt, | would respectfully request
that this Court give me the opportunity to present further evidence on this issue should
this Court grant any pre-judgment remedies. | am currently paying my former spouse
$8,118 per month in child support and $9,500 per month in spousal support. | also have
to pay for % of extras for our four (4) children. | also have to pay for the children's
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expenses while they are with me, since | have a 50% custodial time share. A true and
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correct copy of my Judgment of Dissolution of Marriage is attached hereto as Exhibit “A”
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and incorporated herein by reference.
£3
ad 13
sisi
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of | declare under penalty of perjury under the laws of the State of California that the
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233 foregoing is true and correct.
Ben 15
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Executed on June S , 2018 at Santa Barbara, California.
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£17
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miu Sis
CATHE! ANN CORA
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In re the Matter of: SANTA BARBARA SUPERIOR COURT
Plaintiff: JACQUELINE MISHO “ASE NO. 18CVO1749
Defendant: CATHERINE ANN CORA Opposition te Application for Pre-Judgment
Welt of Attachment
EXHIBIT
“A”
)
Pursuant to CRC 2.2. 2)(1) this document has been elactro, any fited by the
Superior Court of California, Counly of Santa Barbara, on 1/10/2017 FL-180
‘BUTORNEY CA PARTY VATHOUT ATTORNEY (Naam, Slate
Dar nner, end oases), POR COURTUSE OMY
Allan S, Morton. Esa.: SBN: 043578
Fell, Marking. Abkin. Montgomery. Granet & Raney. LLP
222 E, Carrilto Si,, 4th Floor, Santa Barbara, CA 93101
REND (Ontemeh BOS-965-7337
FILED
TELEPHONE NO §DS-963-0735 SUPERIOR COURT ol CALIFORNIA
EMAL ACORE S | 204 a Morton @)fnuin.com COUNTY of SANTA BARBARA
ATTORNEY FOR fhe Perltiongr, Jennifer Corn 02/07/2017
SUPERIOR COURT OF CALIFORNIA, GOUNTY OF SANTA BARBARA DarrelE Parker Execuliva Officer
‘STREET aconess: 3100 Anacupy Streed IBY_Avila, Denyse
Mnuna ADORESS. PLO, Box 22107 Deputy Clerk
cry axanecooz Sante Burburs, 93321-1107
GRaCH MAKE _Anncapa Divison
MARRIAGE OR PARTNERSHIP OF
PETITIONER. Jennifer Carn
RESPONDENT. Catherine Cora
-REMISEB- JUDGMENT re
(22 pissowution (5) vesat separation CO auitity
Stetus only
EE) Reserving Jurisdiction aver termination of mrital or domestic 1SFL02036
partnership status
() Judgment on reserved Iseuas
Date marital ar domestic partnership status ends: October 27. 2016
5) This judgment £3 contains personal conduct resira ning orders [—) modifes existing restraining orders.
The restraining orders are contained
on page(s) ofthe atlachment They explira on (data)*
This proceoding was heard as follows’ [J Default or uncontested (—] By daciaratlon under Family Gode section 2336
Contested [_) Agreementin coud Hearing dates: 9/7-9/2016 & 10/21, 24, 26-27 & 31, 2016 & 11/2/2016
a Dale Dept. 3 Room
o aud clal officer (nomo). “lhamas P. Anderle (3 Temporary judge
¢ Petitioner present in cour! CZ) Attorney present In court (nome): Allon S. Morton
d. Respondent present tn court Altomey present In court (name): Jncquellne Miyho
8, Clatment prasont in coun {namay Attomey present tn court (name):
1 Olher {spscity nama}
‘The court acquired jurisdiction of the respondent on {defe) October 28, 2015
a (32) The rospondent was served wilh process,
b [2] The respondent appeared.
THE COURT ORDERS, GOOD CAUSE APPEARING
46 Judgment of dissolution fs antared, Marital or domestic parinersh p status is tetmmnated and the partlos ere raslored (o the
‘slatus of singla parsons
a) on (specify dale} October 27, 2016
(2) ona date lo be determined on noticed motion of alther parly or on st pulalion
3 Judgmant of legal separations enterad
Judgment of nullity 1s entered. The pariles are declared to ba singe persons on the ground of (spacify).
{C2 this Judgment will be entered nunc pro tune as of (data).
Judgment on reserved issues.
The {_] petitloner's ("—] caspondant's former name Is restored to (speciiy)
(7) Jurisdiction ts reservee over all olher Issues, and ali present orders remain In eflocl excopt as provided Ualow.
(GS) This judgment contains provisions for child support or family suppor. Eech party must complete and file with the court a
Child Support Caso Registry Form {ictmFL-191) within 10 days of the dale of this Judgment. The parents must nollly the
court of any cheng in the Information submitted wilhin 10 days of the change by fiting an updated fom. The Nalico
of Rights end Rosponsibilillas—Heelth-Coro Costs and Reimbursement! Procaduros end Infarmetion Shael on Changing a
Ciild Support Order (form FL-192) is altachad 12
“Teen Rennes ee farratan Une JUDGMENT Faerty Grn $9 22%
‘dutesa) Cava! 2? Cablesala a 3
PLedas (Rey wey1 2203} (Family Law) wees eousiooe gor
Wefrebe bianadl
FL-180
CASE HAME (Last name, frst name of ach pesly) CASE NUMER:
|_Marrlage of Cora 15FL02036
4, & CQ) The chissen of this martage of domestic parinership aro
(1) Dd Name Birthdate
Zoran Spiro Cora, DOB: 10/24/03; Thatcher Julius Cora, DOB: 04/04/09;
Caje Atticus Cora, DOB: 04/16/07; Nash Lemuel Cora, DOB: 07/19/09
(2) oO Parentage Is established for children of this reletlonship born prior lo the marrlage or domestic pertnetship
1 Child custody and visitation (parenting time) ere ordered as set forth n the attached Attachment to Form FL-180
ay Setflernent agreement, stiputolton for Judgment, or other walttan agreement which contalns the Information
required by Family Code section 304B(a).
2 Child Guslody and Visitation Order Allechment (farm FL-341).
@) Stipulation and Order for Custody and/or Visitation of Chitdran (term FL-355).
4) Previously established In another case, Case number, Court:
« Ga Child support ts ordered es sel forth In the altached Altachment to Form FL-180
oo Settlement agroement, stipulation for Judgment, or ather written agreement which contalns the declarations
required by Family Code sectlan 4065(2}.
2 Child Support information end Order Attachment (form FL-342),
8) CI Stipulation fo Establish or Modily Child Suppart and Order (form FL-360),
4 CO Previously established In another case, Case number Court:
co Spausel, domestic perines, of femily support te ordered;
(1) C23 Reserved for tuture determination as reletesto C—) petitioner respondent
(2) () Jurisdiction tarminated
to order spousel or parinar supportto [J patitoner [) raspondant
(3) [J As set forth In the attached Spouse’, Parinar, or Family Support Order Attachment {form FL-343),
a As sol forth In the attached seliiement agrasment, stipulation for Judgment, or otharwihten agreement
@} Olher (speci: Attachment to Form FL-180
mO Property division ts ordered as set forth in the attached
(i) Settlomont egroement, stipulation for judgment, or other wiliten agreement
{2} £2) Property Order Atiechmont to Judgment (lorm FL-345),
(3) G2) Other (spociy). Attachment to Form FL-180
no OY Attornay fees snd costs are ordered as Set forth In the altached
(1) Sottlement agreement, slipulstion for judgment, or other writlen agreement.
{2) (7) Attomay Fees end Costs Order (form Ft-346).
(3) [32] Other (spocty)’ Attachment to Form FL-180
o. [3 other (spectty):
Each attachment to this judgment Is Incorporated Into this judgment, end the parilas are otdered to comply with each altachment's
provisions, Jurisdiction Is raservad to make other orders necessary lo carry ol
Date: 02/05/2017 Thon:
5. Numberof pages attached: __“t0_31 (7 sonsrumerouens Last ATTACHMENT
NOTICE
Dissaluvion or legal separailon may oulamalt cally cancel the rights of B spausa or domestic partner under the other ‘spouse's or|
domestic parinars will, trust, rallrement plan, pawer of atlomey, pay-on-dealh bank account, transfer-on-death vehicla regielration,
survivorship rights lo any proparty owned In jol Int tenancy, and any other similar property interest. ft does not aulomaticelly cancel the
fights of a spouse of domestic partner as benal ficlary of the other spouse's or domosile periners life Insurance policy You should
review these matters, os well as any credil cards, olher credit accounts, Insurance pollcles, retzament plans, and credit reports, lo}
datermine whelher they should be changad ar whether you should teke any other actions
|A debt or obligation may be assigned to one party as part of the dissolution of property and debls, but if that party does not pay the
debt or abligatton, the credilar may be able to collect fram the other party.
|An eamings asalgnmant may be Issued without additional proof If child, family, partnar, or spousal support \s ordered,
Any parly required to pay support munt pey Interest on overdue amounts al the “legal rate,” which |s currently 10 parcent.
Papezery
Th 180 flew aly1 2043) JUDGMENT
(Family Law)
FL-192
NOTICE OF RIGHTS AND RESPONSIBILITIES
Health-Care Costs and Reimbursement Procedures
IF YOU HAVE A CHILD SUPPORT ORDER THAT INCLUDES A PROVISION FOR THE
REIMBURSEMENT OF A PORTION OF THE CHILD'S OR CHILDREN’S HEALTH-CARE COSTS
AND THOSE COSTS ARE NOT PAID BY INSURANCE, THE LAW SAYS:
1, Notice. You must give the other parent an itemized 7. Preferred health providers, If the court-ordered coveraga
stalemant of the chaiges that have been tiled fot any heatlh- designates a preferred health-care provider. thal provider
sare costs nol pald by Insurance You must give this must be used at ail times consistent with the terms of the
sialemeni to ihe olher parent within 6 reasonatia Uma, but no health Insurance policy. When any perty uses a health-care
mora than 30 days afler those cosis were given to you Provider olhor than tho prefered provider, any hea th-rare
costs that would have been pald by tho preferred heallh
2. Proof of full payment. if you have already paid all of the provider il thal provider had been used must be the sole
uninsured costs, you must (1} give the other parent proof that responsibility of the parly Incurting those costs
you pald {hem and {2) ask for reimbursement for the ather
pavent’s court-ordored shore of those costs
3. Praof of partis! payment. If you have pald only your share
of the uninsured costs, you must (1) give ihe olher parent
proof thal you pad your share, (2) ask that the other parent
pay hi or her chare of the coals dirscily to the health-care
provider, snd{3) g-ve the other parent the informalion
necassary for that posent lo be able lo pay the bill
4, Poyment by notified parent. If you cacalve nolice [rom a
parent that an untnputod heaith-care cosl hae been incurred,
you mual pay your of that cost within the Ume the court
ardera, or if the court has not specified a pericd of dma, you
must make payment {1) within 30 days from the lime you were
given noli of the amount duo, (2) according to any paymant
echedufe set by tha heal care provider, (3) according lo a
schedule agreed to In writing by you and the other patent, of
(4) eccording to 8 echedule edopled by the court.
5, Disputed charges. If you dispute a charge you may fila s
motion in courl to resolve the diapute, bul only f you pay that
charge before filtng your motion I you calm that the other
party has failed lo relmbures you for @ payment, of tha olher
party has fallad lo maka a payment to the provider afler proper
nolice hes bean given, you may file e molion In court lo resolve
the dispule The court will presume that If uninsured costs have
bean paid, hose coals were ri nable The court may award
attorney fees ond costs against @ party who has been
unreasonable.
6, Coust-ordered Insurance coverage. II a paren provides
heolth-care Insurance as ordered by the court, ai Ingurance
must be used al all mes to the exionl that It! allab @ for
haallh-care caste.
a, Burden to prove. The party clatming that the covaraga Is
Inadequate to moat the child's needs has the burden of
proving flat to the court.
b, Cost of additional coverage. Ifa parant purchases haath
care Inaurence In addition to that ordered by the courl, that
parent must pay all the costs of the additional coverage. In
addition, Ifa parant uses alternative covoroge that costs
more than tha coverage provided by court order, that parent
must pay the difference
Page tebe
Form sppinan Opin NOTICE OF RIGHTS AND RESPONSIBILITIES arety Code § 619 003
due clatCaveel Cx foro aa coat 30agy
Wd ew 9 ea? 708 Heatth-Cara Costs and Relmbursement Procedures votre
FL-192
INFORMATION SHEET ON CHANGING A CHILD SUPPORT ORDER
General information
The coud has jus! made @ child euppart order In your case. The orde will cameln the same unlees 6 party to the action requests thal
the eupport be changed (modified). An order for child suppori can be macied only by fillng a motion to chenge child suppon and
serving each parly involved In your case. if both parents end the locel child support agancy (It it is involved) agree on a new child
support amount, you can complete, have all parties aign, snd file with Ihe court a Stloutetion to Esteblish or Modity Child Support and
Order (atm FL-350) of Sliputation and Order (Gavarnmental) (form FL-625).
When a Child Support Order May Ge Moditied
‘The court takes saverel things Into account when ordering the paymeni of chic auppon Ficet, the number of children Is considered,
Noxt, tha net Incomes of both parents are determined, elong with the parcantage ol time cach parent hae physical custody of the
children. The court considers both parties' tax fillng alatus snd may consider hardships, such as a child of another relationship. An
existing order for child support may be madified when tha nel income of one al the parents changes significantly, Ihe parenting
achedule changes significantly, or 8 new child Is born,
Examples
+ You havo been ordered to pay $500 per month In child support. You ose your Job. You will continue 1o owe $500 per month, plus
40 percent Inferest on any unpald support, unless you file a motion to madly your child suppart to a lower amount and the court
orders a reduction,
You are currently receiving $300 per month In child support [ram tho other porent, whose net income has just Increased
substantlally. You will continuo to racelve $300 per month unless you file 8 motion to modify your child support to a higher amount
and Ihe court orders an Inciasse,
You are paying child support based upon having physical cuatedy of your children 30 percent of the tlma, Aflar several months It turng.
out.that you actually have physicel custody of tha children 60 parcent of the (ime, Yau may fila & motlon to modily child eupport to a
lower amaunt
How to Change a Child Support Order
To change a child eupport order, you must file papers with the court, Ramember, You must follow tha ordar you have now,
What forms dol need?
Ifyou are asking to change a child suppor order open wilh the local child support agency, you must fill oul one of these forms.
* FL-680, Notice of Motion (Governmental) or FL-663 Order fo Show Cause (Governmenta) and
+ FL-684, Request for Order and Supporting Daciaration (Govemmantel)
{yay era osking (0 change a child support order that I nol open with the Jocal child support agency, you must fill out one of these
forms.
+ FL-300, Requast for Ordor or
» FL-300, Notice of Motion and Molton for Simplified Modification of Order for Child, Spousal, or Family Support
You must lsc fil out ona of thesa forma;
+ FL-150, income and Expense Decieralion or FL+155, Financial Stelament (Simplified)
What iff am not sure which forms to fill out?
Talk to the family taw facttitatar at your court,
After you fill cut tha forms, tile tam with the court clerk and ask (ore hearing dala Weite the heating dala on the form
The clark will eek you to pay 8 fing fee, If you canno! afford the fee, fill ou! these forms, loo
« Form FW-001, Request to Welve Court Foos
« Form FW-003, Order on Caurt Fee Welvor (Superior Court)
You must serve the other parent. If the local child support agency is Involved, serve it too
This means somaone 16 of over—not you—must eerve the olhor parent coples of your filed court [orms al Joost18 court days belore
the hearing. Add 5 calondar days If you sctve by mail within Cafilomnla {eae Cade of Civit Pracedura action 1005 for other altuations)
Gourt days are weekdoye when the court Is open for businesa {Monday (tvough Friday except court hoidays) Calendar days include
all days of the month, Including weekends and holidays. To f
Preview
AT-155. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): ‘TELEPHONE NO FOR COURT USE ONLY | DAVID FRIEDMAN, State Bar #204442 (310) 273-2800 FRIEDMAN & FRIEDMAN ELECTRONICALLY FILED 9454 Wilshire Boulevard, Suite 313 Beverly Hills, California 90212 Superior Court of California atrorney For (vame) Defendant Catherine Ann "Cat" Cora County of Santa Barbara naweor court SANTA BARBARA COUNTY SUPERIOR COURT Darrel E. Parker, Executive Officer street aoress. 1100 Anacapa Street 7/6/2018 2:29 PM maine anpress P.O. Box 21107 By: Sarah Sisto, Deputy city ano zp coos Santa Barbara, California 93101 BRANCH NAME nacapa PLAINTIFF: Jacqueline Misho dba Misho Law Group bereNDANT: Catherine Ann "Cat" Cora; Cat Cora, Inc. CASE NUMBER: NOTICE OF (X] OPPOSITION TO APPLICATION FOR RIGHT TO ATTACH ORDER (X) CLAIM OF EXEMPTION 18 CV 01749 (C) MOTION (AFTER ISSUANCE OF WRIT) FOR CLAIM OF EXEMPTION () AND MOTION FOR CLAIM OF EXEMPTION 1. To plaintiff (name): Jacqueline Misho dba Misho Law Group 2. You are notified that a hearing will be held in this court as follows: date:July 25, 2018 time:9:30 a.m. CK] dept.: 6 (C&D div.: CI mm. 3. This opposition or claim of exemption is filed by a. [EJ defendant (specify name): Catherine Ann "Cat" Cora b. [2] nondefendant (specify name and mailing address where service of opposition may be made): (name and last known address of defendant): 4. Oppasing party a. (XZ) will oppose the issuance of a right to attach order upon the following grounds(specify grounds of opposition): 1) That Plaintiff is a natural person and the claim does not arise from Plaintiff conducting a trade, business or profession, therefore a Writ of Attachment is t =P B ropriate per C.C.P. 483.010 (c 1 aintiff has not demonstrated a liklihood that Plaintiff will prevail. b. CE] objects to the amount sought to be secured by the altachment upon the following grounds (specify grounds of opposition): Plaintiff has not demonstrated a liklihood that she can recover $325,000 or any sum. Plaintiff has not provided any evidence for the alleged $5,000 in attorney's fees. (Continued on reverse) ‘orm, by: NOTICE OF OPPOSITION TO RIGHT TO ATTACH ORDER ‘CCP 482.030 suAT-155, il cr fale Rev ‘Op! onal Fm. CrB Essential Js\Forms- AND CLAIM OF EXEMPTION (Attachment) SHORT TITLE: ‘CASE NUMBER: Misho vs. Cora 18CV 0 1749 4.c. [] will claim exemption. C2 will move the court for an exemption from attachment of the following property: (1) 2) Property exempt from execution under CCP 703.010 et seq. (specify code section and describe property): (a) J Property exempt under CCP 704.010 (motor vehicles] or 704.060 [tools of a trade] (describe all other property of the same type, including exempt proceeds of property of the same type, owned by defendant alone or in combination with others on the date of levy and identify the property to which the exemption is to be applied, regardless of whether it was levied upon): (b) CQ) Property exempt under CCP 704,100 [life insurance policies] (state the nature and amount of all other property of the same type owned by defendant or defendant's spouse alone or in combination with others on the date of levy): (2) KX] Property which is necessary for the support of a defendant who is a natural person and the family of the defendant supported in whole or in part by the defendant (CCP 487.020(b) (describe the property and attach a financial statement executed under oath as required in CCP 703.530): See Attached (3) GJ Compensation paid or payable to a defendant employee by an employer for personal services performed by the employee whether denominated as wages, salary, commission, bonus or otherwise (CCP 487.020(c)) (describe compensationy. See attached (4) (2) Property not subject to attachment pursuant to CCP 487.010 (describe property): (5) (&]) Other (describe property and specify grounds for exemption): See Attached. 5, Defendant's affidavit supporting any factual issues and points and authorilies supporting any legal issues is attached. 6. Total number of pages attached: 44 Date: July 6, 2018 David Friedman. {TYPE OR PRINT NAME) po daa! dD (SIGNATURE OF DEFENDANT OR ATTORNEY) By: David Fi tiedman, Attorney for Defendant AT-155 (Rev. Juty1, 1983] NOTICE OF OPPOSITION TO RIGHT TO ATTACH ORDER Page wo AND CLAIM OF EXEMPTION CB || {s|Eorms- Essential MEMORANDUM OF POINTS AND AUTHORITIES iN PPORT OF OPPOS! C. FOR PRE-JUDGMENT WRIT OF ATTACHMENT +4 INTRODUCTION The instant matter is an attorney/client fee dispute between a natural person, Catherine Ann Cora ("CORA") and her former attorney, Jacqueline Misho ("MISHO"), dba Misho Law Group, based on a contract to provide legal services for Cat's Dissolution of Marriage case. MISHO is now seeking an improper Pre-Judgment Writ of Attachment 10 which is clearly prohibited based on the plain language of Code of Civil Procedure | 211 §483,010 (c). CORA is a natural person and the within lawsuit does not arise from 212 CORA's conduct of a trade, business or profession because the lawsuit is based on legal ad 13 alate os services for a divorce case. A divorce is the most personal type of matter which can be gee 214 az S05 handled by a lawyer, and is clearly not dealing with CORA conducting a trade, business or profession. The divorce dealt with child custody, child support, spousal! support and zz 2716 3 55517 property division. Additionally, Code of Civil Procedure §483.010 (c) provides that a Writ ageagaraa S22 | of Attachment may not issue against a natural person if the claim is based on the | 19 furnishing of services used by the defendant primarily for personal purposes. The || 20 divorce matter was purely personal and as such no Pre-Judgment Writ of Attachment 21 may issue. 22 MISHO has failed to present any evidence of the likelihood that she will prevail in | | 23 this fee dispute. CORA has vigorous and robust defenses in the underlying lawsuit, and 24 MISHO will need to prove the reasonableness of the over $300,000 in fees she is 25 seeking. CORA plans to retain an expert witness to opine on the unreasonable nature of 26 the excessive fees sought. MISHO has violated Business and Professions Code Section 27 3 28 In re the Matter of: SANTA BARBARA SUPERIOR COURT Plaintiff: JACQUELINE MISHO ASE NO. 18CVO1749 Defendant: CATHERINE ANN CORA Opposition to Application for Pre-Judgment Writ of Attachment 6149 in attaching a copy of the confidential contract between CORA and MISHO to the Complaint in this matter. Further, MISHO has violated her fiduciary duties and duties to maintain the confidentiality of attorney/client communications by: 1) Not redacting CORA's home address on the Notice of Right to Arbitrate (attached to the complaint) 2) Discussing CORA's personal and business contracts in the Complaint and Application for | Writ of Attachment. (See California Rules of Professional Conduct, Rule 3-100). During the divorce matter MISHO advised CORA to skip a mandatory custody mediation which was in violation of California Family Code §3170. In sum, CORA has serious defenses and MISHO can't show a likelihood that CAT will owe her $300,000 or any sum. 10 Further, pursuant to Code of Civil Procedure §484.070, CORA claims that all of 211 the assets sought to be attached are exempt as they are necessary for the support of 212 herself, her four children and her former spouse, and as such should be exempt Bo 13 Slate} of pursuant to Code of Civil Procedure §706.051. az 214 See Sos 258 &2 Bae 15 aie APRE-JUDGMENT WRIT OF ATTACHMENT MAY NOT ISSUE IN THIS MATTER £32 Ere 16 33 225232 Code of Civil Procedure §483.010 (c) provides: "If the action is against a g@ardss 17 z2% Sap Ba Sgae Defendant who is a natural person, an attachment may be issued only on a claim which 19 arises out of the conduct of a trade, business or profession. An attachment may not be 20 issued on a claim against a defendant who is a natural person if the claim is based 21 on...the furnishing of services...used by the defendant primarily for personal, family or 22 household purposes." CORA is a natural person and the claim in this matter is based on 23 personal services rendered for a divorce case dealing with child custody issues. CORA 24 is not in the business of getting divorced so no Pre-Judgment Writ of attachment may 25 issue in this matter. 26 27 28 In re the Matter of: SANTA BARBARA SUPERIOR COURT Plaintiff: JACQUELINE MISHO CASE NO, 18CVO1749 Defendant: CATHERINE ANN CORA Opposition to Application for Pre-Judgment Writ of Attachment In the case of Nakasone v. Randall (1982) 129 Cal.App.3d 757, the Court of Appeal dealt with a case involving the sale of real property that the defendants owned for about thirty years. There were issues with the sale and a lawsuit ensued. Plaintiffs attempted to get a writ of attachment based on the faci that Defendants were allegedly in the business of selling real estate. The Court of Appeal stated, ". . . the assertion of Frederik Kim in his declaration that in September 1979 defendant told him she was a real estate broker simply is not such evidence as a reasonable man would accept as adequate to support the conclusion that when defendant, at 86 and in poor health, sold on her own account a piece of her own real property . . . that she was engaged in the 10 ‘business’ of selling real estate." (Supra, at 763). The Nakasone court went on to state, 211 "This is not the type of activity to which the attachment statute was intended to apply; 312 and even accepting Kim's statement that defendant told him she was a real estate 530 Sale| 13 af broker, all of the evidence points to a sale of her by her own personaily held property on Sac214 sos ae her own account and not one which arises out of the business of a real estate broker." 32215 22 16 (Supra, at 764). zEy 53517 Just because CORA informed MISHO that she is a chef/restauranteur/business Baz oo soem Saar 18 person does not mean that MISHO was hired to perform services related to CORA's 19 businesses. In fact, MISHO was hired to deal with child custody issues, chitd support 20 issues, and spousal support. Even though MISHO dealt with division of community 21 property and was privy to CORA's earnings and business endeavors that does not mean 22 that CORA had MISHO performing any work related to any business. MISHO was not | 23 hired for a dissolution of a partnership or corporation, but solely for CORA's personal 24 dissolution action. The only way MISHO's services could be construed to be in 25 connection with a business, trade or profession would be if CORA's business was in ! 26 divorcing people. Needless to say CORA is not in the business of divorcing people. 27 5 28 In re the Matter of: SANTA BARBARA SUPERIOR COURT Plaintiff: JACQUELINE MISHO CASE NO. 18CVO1749 Defendant: CATHERINE ANN CORA Opposition to Application for Pre-Judgment ‘Writ of Attachment 3 MISHO HAS NOT DEMONSTRATED A PROBABILITY SHE WILL PREVAIL Cora has many defenses which will be raised, but most importantly the fees MISHO are seeking are unconscionable pursuant to California Rules of Professional Conduct 4-200. {n evaluating the claimed fees this Court must evaluate the factors enumerated in Rule 4-200 as well as the case law criteria laid out in Marriage of Cueva (1978) 86 Cal.App.3d 293. MISHO has not set forth any reasoning as to why she will prevail in an action seeking over $300,000 in legal fees when she has already been paid aver $200,000. MISHO does not elaborate on any of the criteria set forth in Rule 4-200, 10 Marriage of Cueva, or other relevant case law, as to how and why the fees she is 211 seeking are reasonable. 12 CORA intends to retain an expert witness to opine on the unconscionable and Bee 13 az excessive nature of the fees MISHO is seeking. Additionally, CORA has been harmed az 214 598 aS by MISHO's repeated violations of her professional and fiduciary duties. MISHO 215 35 16 attached a copy of the confidential fee agreement with CORA to her complaint in this zz 338259 matter which is a clear violation of Business & Professions Code §6194. MISHO also a3 55517 2 sao gar attached a Notice of Right to Arbitrate which contained a home address for CORA, and 19 has set forth certain business and personal contracts of CORA, which both violate 20 MISHO's duty to keep client communications confidential pursuant to Califomia Rules of 21 Professional Conduct Rule 3-100. MISHO advised CORA that she did not need to 22 attend a mandatory custody mediation which is required pursuant to California Family 23 Code §3170. MISHO abandoned CORA after the Judgment was entered, wrongly telling 24 CORA that the agreement between the parties prohibited MISHO from doing post- 25 judgment work. In fact the only work which is excluded by the contract is appellate work 26 and other lawsuits. 27 28 In re the Matter of: SANTA BARBARA SUPERIOR COURT Plaintiff: JACQUELINE MISHO CASE NO. 18CV01749 Defendant: CATHERINE ANN CORA Opposition to Application for Pre-Judgment Writ of Attachment | MISHO has not provided this Court with any documents on which to conclude that she will prevail in her lawsuit. In fact the only billing statements which are attached to the Application for Pre-Judgment Writ of Attachment (and the Complaint) show MISHO purportedly billing CORA about $4,000 for e-mails. Further, these bitling statements show what looks like double or triple billing for the exact same task. On November 14, 2016, an associate in MISHO's office billed 1.8 hours to draft objections to a Statement of Decision. Then on November 15 the same assaciate billed another 1.9 hours for the same task. And then, once again, the same associate billed another 1.4 hours to draft the same objections. CORA should not be triple billed for the same task. This is just one 10 billing statement which shows unconscionable billing practices, and CORA submits that a 211 further review of the billing statements through MISHO's entire representation will show 3, 12 further double and possibly triple billing for the same task. 13 os CORA has further defenses which will emerge as discovery is completed and Ze 14 22° £53 CORA's expert is able to perform their work. In sum, MISHO has not and can not £15 35 220 46 demonstrate the probable success on a $300,000 attorney fee claim and as such this Z,Ezz 2522 17 Court should deny the within Application for Pre-Judgment Writ of Attachment. So z22SSee ee toe 4. 19 ALL OF THE ASSETS WHICH PLAINTIFF IS SEEKING TO ATTACH ARE 20 NECESSARY FOR THE CAT AND HER FAMILY'S SUPPORT 2t MISHG is seeking to attach basically all of CORA's sources of income. CORA is 22 currently paying the sum of $9,500 per month for spousal support, and $8,118 per month 23 in child support (See pages 13 and 17 of Exhibit "A"). The court in calculating these 24 support amounts, looked to all of CORA's income. If any of CORA's sources of income 25 are attached, CORA will be unable to pay the Court ordered support which will subject 26 CORA to arrears, interest, and possible contempt. Additionally, on top of CORA paying 27 7 28 In re the Matter of: SANTA BARBARA SUPERIOR COURT Plaintiff; JACQUELINE MISHO CASE NO. 18601749 Defendant: CATHERINE ANN CORA Opposition to Application for Pre Judgment ‘Writ of Attachment child and spousal support, she must support herself and her children as she has 50% custody. CORA asserts that the assets and contracts sought to be attached should be exempt pursuant to Code of Civil Procedure §706.051. CORA iurther claims that her bank accounts are exempt pursuant to Code of Civil Procedure §704.070 since her bank account will contain her paid earnings. If this Court is going to grant any Pre-Judgment Writ then CORA respectfully requests that this Court grant a continuance pursuant to Code of Civil Procedure §484.080; however, this is only if this Court is going to grant a Pre-Judgment Writ so that she can further brief the exemption issue. 10 211 DATED: June 8, 2018 FRIEDMAN & FRIEDMAN 212 so 13 Sel ot gee 314 az poh De. so DAVID H. FRIEDMAN, Attorneys for ge 215 Defendant CATHERINE ANN CORA 38 258 32 16 332 gee 3 ge 17 gees mun Sz ga ae 19 20 21 22 23 24 25 26 27 28 In re the Matter of: SANTA BARBARA SUPERIOR COURT Plaintiff: JACQUELINE MISHO CASE NO. 18CV01749 Defendant: CATHERINE ANN CORA Opposition to Application for PreJudgment Writ of Attachment DECLARATION OF CATHERINE ANN "CAT" CORA IN OPPOSITION TO APPLICATION FOR PRE-JUDGMENT WRIT OF ATTACHMENT |, CATHERINE CORA, declare that if called as a witness | could and would competently testify of my own personal knowledge as follows: 1 lam the Defendant in this matter. | am submitting this Declaration in opposition to Plaintiff Jacqueline Misho, dba Misho Law Group's ("MISHO") Application for Pre-Judgment Writ of Attachment. 2 This declaration is in lieu of personal testimony pursuant to Sections 2009 and 2015.5 of the Code of Civil Pracedure, Rules 3.1306 and 5.111 of the California 10 Rules of Court, Reifler v. Superior Court (1974) 39 Cal. App. 3d 479, 114 Cal. Rptr. 356 214 and Marriage of Stevenot (1984) 154 Cal. App. 3d 1051, 202 Cal. Rptr. 116. 12 3. lam a natural person. | did not retain MISHO to act as my counsel in 13 as connection with any business, profession or trade. | hired MISHO to represent me in the Eee 214 most personal of matters, my divorce case. | did not hire MISHO to represent me in 15 a4 20 16 connection with any business. 262 Bare g517 4 I have paid MISHO over $200,000 and [ think her request for an additional go <2aa easter $300,000 plus in remaining fees, is unconscionable. | found certain things that MISHO 19 did during my case to be highly questionable and which call into question whether she is 20 entitled to any further fees from me. For example, MISHO advised me to skip a 21 mandatory custody mediation. This led the Judge to consider possibly sanctioning me. 22 5 | was also shocked to learn that MISHO has attached a copy of our 23 confidential retainer agreement to her complaint in this matter. Additionally, when | 24 learned that MISHO attached a Notice of Right to Arbitrate which had my home address 25 on it, |became very upset as my home address is not for public record. 26 27 28 In re the Matter of: SANTA BARBARA SUPERIOR COURT Plaintiff: JACQUELINE MISHO CASE NO. 18CV01749 Defendant: CATHERINE ANN CORA Opposition to Application for Pre-Judgment Writ of Attachment 6. J intend to retain an expert witness to review MISHO's bills, pleadings, and tactics in order to see whether MISHO's billings are accurate and reflect necessary services. | also intend to find out whether MISHO's actions in fact hurt my interests in the dissolution process. ia As for my assets and income being exempt, | would respectfully request that this Court give me the opportunity to present further evidence on this issue should this Court grant any pre-judgment remedies. | am currently paying my former spouse $8,118 per month in child support and $9,500 per month in spousal support. | also have to pay for % of extras for our four (4) children. | also have to pay for the children's 10 expenses while they are with me, since | have a 50% custodial time share. A true and 211 correct copy of my Judgment of Dissolution of Marriage is attached hereto as Exhibit “A” 3, 12 and incorporated herein by reference. £3 ad 13 sisi age of | declare under penalty of perjury under the laws of the State of California that the ke 214 S08 ae 233 foregoing is true and correct. Ben 15 36 Executed on June S , 2018 at Santa Barbara, California. 16 £17 33 miu Sis CATHE! ANN CORA 19 20 21 22 23 24 25 26 27 10 28 In re the Matter of: SANTA BARBARA SUPERIOR COURT Plaintiff: JACQUELINE MISHO “ASE NO. 18CVO1749 Defendant: CATHERINE ANN CORA Opposition te Application for Pre-Judgment Welt of Attachment EXHIBIT “A” ) Pursuant to CRC 2.2. 2)(1) this document has been elactro, any fited by the Superior Court of California, Counly of Santa Barbara, on 1/10/2017 FL-180 ‘BUTORNEY CA PARTY VATHOUT ATTORNEY (Naam, Slate Dar nner, end oases), POR COURTUSE OMY Allan S, Morton. Esa.: SBN: 043578 Fell, Marking. Abkin. Montgomery. Granet & Raney. LLP 222 E, Carrilto Si,, 4th Floor, Santa Barbara, CA 93101 REND (Ontemeh BOS-965-7337 FILED TELEPHONE NO §DS-963-0735 SUPERIOR COURT ol CALIFORNIA EMAL ACORE S | 204 a Morton @)fnuin.com COUNTY of SANTA BARBARA ATTORNEY FOR fhe Perltiongr, Jennifer Corn 02/07/2017 SUPERIOR COURT OF CALIFORNIA, GOUNTY OF SANTA BARBARA DarrelE Parker Execuliva Officer ‘STREET aconess: 3100 Anacupy Streed IBY_Avila, Denyse Mnuna ADORESS. PLO, Box 22107 Deputy Clerk cry axanecooz Sante Burburs, 93321-1107 GRaCH MAKE _Anncapa Divison MARRIAGE OR PARTNERSHIP OF PETITIONER. Jennifer Carn RESPONDENT. Catherine Cora -REMISEB- JUDGMENT re (22 pissowution (5) vesat separation CO auitity Stetus only EE) Reserving Jurisdiction aver termination of mrital or domestic 1SFL02036 partnership status () Judgment on reserved Iseuas Date marital ar domestic partnership status ends: October 27. 2016 5) This judgment £3 contains personal conduct resira ning orders [—) modifes existing restraining orders. The restraining orders are contained on page(s) ofthe atlachment They explira on (data)* This proceoding was heard as follows’ [J Default or uncontested (—] By daciaratlon under Family Gode section 2336 Contested [_) Agreementin coud Hearing dates: 9/7-9/2016 & 10/21, 24, 26-27 & 31, 2016 & 11/2/2016 a Dale Dept. 3 Room o aud clal officer (nomo). “lhamas P. Anderle (3 Temporary judge ¢ Petitioner present in cour! CZ) Attorney present In court (nome): Allon S. Morton d. Respondent present tn court Altomey present In court (name): Jncquellne Miyho 8, Clatment prasont in coun {namay Attomey present tn court (name): 1 Olher {spscity nama} ‘The court acquired jurisdiction of the respondent on {defe) October 28, 2015 a (32) The rospondent was served wilh process, b [2] The respondent appeared. THE COURT ORDERS, GOOD CAUSE APPEARING 46 Judgment of dissolution fs antared, Marital or domestic parinersh p status is tetmmnated and the partlos ere raslored (o the ‘slatus of singla parsons a) on (specify dale} October 27, 2016 (2) ona date lo be determined on noticed motion of alther parly or on st pulalion 3 Judgmant of legal separations enterad Judgment of nullity 1s entered. The pariles are declared to ba singe persons on the ground of (spacify). {C2 this Judgment will be entered nunc pro tune as of (data). Judgment on reserved issues. The {_] petitloner's ("—] caspondant's former name Is restored to (speciiy) (7) Jurisdiction ts reservee over all olher Issues, and ali present orders remain In eflocl excopt as provided Ualow. (GS) This judgment contains provisions for child support or family suppor. Eech party must complete and file with the court a Child Support Caso Registry Form {ictmFL-191) within 10 days of the dale of this Judgment. The parents must nollly the court of any cheng in the Information submitted wilhin 10 days of the change by fiting an updated fom. The Nalico of Rights end Rosponsibilillas—Heelth-Coro Costs and Reimbursement! Procaduros end Infarmetion Shael on Changing a Ciild Support Order (form FL-192) is altachad 12 “Teen Rennes ee farratan Une JUDGMENT Faerty Grn $9 22% ‘dutesa) Cava! 2? Cablesala a 3 PLedas (Rey wey1 2203} (Family Law) wees eousiooe gor Wefrebe bianadl FL-180 CASE HAME (Last name, frst name of ach pesly) CASE NUMER: |_Marrlage of Cora 15FL02036 4, & CQ) The chissen of this martage of domestic parinership aro (1) Dd Name Birthdate Zoran Spiro Cora, DOB: 10/24/03; Thatcher Julius Cora, DOB: 04/04/09; Caje Atticus Cora, DOB: 04/16/07; Nash Lemuel Cora, DOB: 07/19/09 (2) oO Parentage Is established for children of this reletlonship born prior lo the marrlage or domestic pertnetship 1 Child custody and visitation (parenting time) ere ordered as set forth n the attached Attachment to Form FL-180 ay Setflernent agreement, stiputolton for Judgment, or other walttan agreement which contalns the Information required by Family Code section 304B(a). 2 Child Guslody and Visitation Order Allechment (farm FL-341). @) Stipulation and Order for Custody and/or Visitation of Chitdran (term FL-355). 4) Previously established In another case, Case number, Court: « Ga Child support ts ordered es sel forth In the altached Altachment to Form FL-180 oo Settlement agroement, stipulation for Judgment, or ather written agreement which contalns the declarations required by Family Code sectlan 4065(2}. 2 Child Support information end Order Attachment (form FL-342), 8) CI Stipulation fo Establish or Modily Child Suppart and Order (form FL-360), 4 CO Previously established In another case, Case number Court: co Spausel, domestic perines, of femily support te ordered; (1) C23 Reserved for tuture determination as reletesto C—) petitioner respondent (2) () Jurisdiction tarminated to order spousel or parinar supportto [J patitoner [) raspondant (3) [J As set forth In the attached Spouse’, Parinar, or Family Support Order Attachment {form FL-343), a As sol forth In the attached seliiement agrasment, stipulation for Judgment, or otharwihten agreement @} Olher (speci: Attachment to Form FL-180 mO Property division ts ordered as set forth in the attached (i) Settlomont egroement, stipulation for judgment, or other wiliten agreement {2} £2) Property Order Atiechmont to Judgment (lorm FL-345), (3) G2) Other (spociy). Attachment to Form FL-180 no OY Attornay fees snd costs are ordered as Set forth In the altached (1) Sottlement agreement, slipulstion for judgment, or other writlen agreement. {2) (7) Attomay Fees end Costs Order (form Ft-346). (3) [32] Other (spocty)’ Attachment to Form FL-180 o. [3 other (spectty): Each attachment to this judgment Is Incorporated Into this judgment, end the parilas are otdered to comply with each altachment's provisions, Jurisdiction Is raservad to make other orders necessary lo carry ol Date: 02/05/2017 Thon: 5. Numberof pages attached: __“t0_31 (7 sonsrumerouens Last ATTACHMENT NOTICE Dissaluvion or legal separailon may oulamalt cally cancel the rights of B spausa or domestic partner under the other ‘spouse's or| domestic parinars will, trust, rallrement plan, pawer of atlomey, pay-on-dealh bank account, transfer-on-death vehicla regielration, survivorship rights lo any proparty owned In jol Int tenancy, and any other similar property interest. ft does not aulomaticelly cancel the fights of a spouse of domestic partner as benal ficlary of the other spouse's or domosile periners life Insurance policy You should review these matters, os well as any credil cards, olher credit accounts, Insurance pollcles, retzament plans, and credit reports, lo} datermine whelher they should be changad ar whether you should teke any other actions |A debt or obligation may be assigned to one party as part of the dissolution of property and debls, but if that party does not pay the debt or abligatton, the credilar may be able to collect fram the other party. |An eamings asalgnmant may be Issued without additional proof If child, family, partnar, or spousal support \s ordered, Any parly required to pay support munt pey Interest on overdue amounts al the “legal rate,” which |s currently 10 parcent. Papezery Th 180 flew aly1 2043) JUDGMENT (Family Law) FL-192 NOTICE OF RIGHTS AND RESPONSIBILITIES Health-Care Costs and Reimbursement Procedures IF YOU HAVE A CHILD SUPPORT ORDER THAT INCLUDES A PROVISION FOR THE REIMBURSEMENT OF A PORTION OF THE CHILD'S OR CHILDREN’S HEALTH-CARE COSTS AND THOSE COSTS ARE NOT PAID BY INSURANCE, THE LAW SAYS: 1, Notice. You must give the other parent an itemized 7. Preferred health providers, If the court-ordered coveraga stalemant of the chaiges that have been tiled fot any heatlh- designates a preferred health-care provider. thal provider sare costs nol pald by Insurance You must give this must be used at ail times consistent with the terms of the sialemeni to ihe olher parent within 6 reasonatia Uma, but no health Insurance policy. When any perty uses a health-care mora than 30 days afler those cosis were given to you Provider olhor than tho prefered provider, any hea th-rare costs that would have been pald by tho preferred heallh 2. Proof of full payment. if you have already paid all of the provider il thal provider had been used must be the sole uninsured costs, you must (1} give the other parent proof that responsibility of the parly Incurting those costs you pald {hem and {2) ask for reimbursement for the ather pavent’s court-ordored shore of those costs 3. Praof of partis! payment. If you have pald only your share of the uninsured costs, you must (1) give ihe olher parent proof thal you pad your share, (2) ask that the other parent pay hi or her chare of the coals dirscily to the health-care provider, snd{3) g-ve the other parent the informalion necassary for that posent lo be able lo pay the bill 4, Poyment by notified parent. If you cacalve nolice [rom a parent that an untnputod heaith-care cosl hae been incurred, you mual pay your of that cost within the Ume the court ardera, or if the court has not specified a pericd of dma, you must make payment {1) within 30 days from the lime you were given noli of the amount duo, (2) according to any paymant echedufe set by tha heal care provider, (3) according lo a schedule agreed to In writing by you and the other patent, of (4) eccording to 8 echedule edopled by the court. 5, Disputed charges. If you dispute a charge you may fila s motion in courl to resolve the diapute, bul only f you pay that charge before filtng your motion I you calm that the other party has failed lo relmbures you for @ payment, of tha olher party has fallad lo maka a payment to the provider afler proper nolice hes bean given, you may file e molion In court lo resolve the dispule The court will presume that If uninsured costs have bean paid, hose coals were ri nable The court may award attorney fees ond costs against @ party who has been unreasonable. 6, Coust-ordered Insurance coverage. II a paren provides heolth-care Insurance as ordered by the court, ai Ingurance must be used al all mes to the exionl that It! allab @ for haallh-care caste. a, Burden to prove. The party clatming that the covaraga Is Inadequate to moat the child's needs has the burden of proving flat to the court. b, Cost of additional coverage. Ifa parant purchases haath care Inaurence In addition to that ordered by the courl, that parent must pay all the costs of the additional coverage. In addition, Ifa parant uses alternative covoroge that costs more than tha coverage provided by court order, that parent must pay the difference Page tebe Form sppinan Opin NOTICE OF RIGHTS AND RESPONSIBILITIES arety Code § 619 003 due clatCaveel Cx foro aa coat 30agy Wd ew 9 ea? 708 Heatth-Cara Costs and Relmbursement Procedures votre FL-192 INFORMATION SHEET ON CHANGING A CHILD SUPPORT ORDER General information The coud has jus! made @ child euppart order In your case. The orde will cameln the same unlees 6 party to the action requests thal the eupport be changed (modified). An order for child suppori can be macied only by fillng a motion to chenge child suppon and serving each parly involved In your case. if both parents end the locel child support agancy (It it is involved) agree on a new child support amount, you can complete, have all parties aign, snd file with Ihe court a Stloutetion to Esteblish or Modity Child Support and Order (atm FL-350) of Sliputation and Order (Gavarnmental) (form FL-625). When a Child Support Order May Ge Moditied ‘The court takes saverel things Into account when ordering the paymeni of chic auppon Ficet, the number of children Is considered, Noxt, tha net Incomes of both parents are determined, elong with the parcantage ol time cach parent hae physical custody of the children. The court considers both parties' tax fillng alatus snd may consider hardships, such as a child of another relationship. An existing order for child support may be madified when tha nel income of one al the parents changes significantly, Ihe parenting achedule changes significantly, or 8 new child Is born, Examples + You havo been ordered to pay $500 per month In child support. You ose your Job. You will continue 1o owe $500 per month, plus 40 percent Inferest on any unpald support, unless you file a motion to madly your child suppart to a lower amount and the court orders a reduction, You are currently receiving $300 per month In child support [ram tho other porent, whose net income has just Increased substantlally. You will continuo to racelve $300 per month unless you file 8 motion to modify your child support to a higher amount and Ihe court orders an Inciasse, You are paying child support based upon having physical cuatedy of your children 30 percent of the tlma, Aflar several months It turng. out.that you actually have physicel custody of tha children 60 parcent of the (ime, Yau may fila & motlon to modily child eupport to a lower amaunt How to Change a Child Support Order To change a child eupport order, you must file papers with the court, Ramember, You must follow tha ordar you have now, What forms dol need? Ifyou are asking to change a child suppor order open wilh the local child support agency, you must fill oul one of these forms. * FL-680, Notice of Motion (Governmental) or FL-663 Order fo Show Cause (Governmenta) and + FL-684, Request for Order and Supporting Daciaration (Govemmantel) {yay era osking (0 change a child support order that I nol open with the Jocal child support agency, you must fill out one of these forms. + FL-300, Requast for Ordor or » FL-300, Notice of Motion and Molton for Simplified Modification of Order for Child, Spousal, or Family Support You must lsc fil out ona of thesa forma; + FL-150, income and Expense Decieralion or FL+155, Financial Stelament (Simplified) What iff am not sure which forms to fill out? Talk to the family taw facttitatar at your court, After you fill cut tha forms, tile tam with the court clerk and ask (ore hearing dala Weite the heating dala on the form The clark will eek you to pay 8 fing fee, If you canno! afford the fee, fill ou! these forms, loo « Form FW-001, Request to Welve Court Foos « Form FW-003, Order on Caurt Fee Welvor (Superior Court) You must serve the other parent. If the local child support agency is Involved, serve it too This means somaone 16 of over—not you—must eerve the olhor parent coples of your filed court [orms al Joost18 court days belore the hearing. Add 5 calondar days If you sctve by mail within Cafilomnla {eae Cade of Civit Pracedura action 1005 for other altuations) Gourt days are weekdoye when the court Is open for businesa {Monday (tvough Friday except court hoidays) Calendar days include all days of the month, Including weekends and holidays. To f