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OR PART: WITHOUT ATTORNEY tome, Sat far umber nd aéinasy (SB # 41185] FOR COURT USE ONLY
RICHARD |. WIDEMAN, Esa.
485 Alisal Road # 232
Solvang, CA 93463
TeverHoneno: 245-8916
EMAILADDRESS (Ontiona!: riwlaw@gmail.com
Fax. (oztena: 688-9424
ELECTRONICALLY FILED
S uperior Court of California
‘County of Santa Barbara
|
ATTOR
FoRNEY
(name): Jacqueline Misho __Darrel E. Parker, Executive Officer
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA 6/21/2018 9:37 AM
STREET ADDRESS. 1100 Anacapa Street By: Terri Chavez, Deputy
MAILING ADDRESS: PO Box 21107
) eATY AND Z\P CODE Santa Barbara CA 93101
BRANCH NAME ANACAPA ——|
| PLINTIFE: JACQUELINE MISHO dba MISHO LAW GROUP
berenpant: CATHERINE ANN ("CAT") CORA, CAT CORA INC
}
APPLICATION FOR ‘CASE NUMBER:
[¥1| RIGHT TO ATTACH ORDER [_] TEMPORARY PROTECTIVE ORDER 18 CV 01749
[<] ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT
ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT
[4] After Hearing (_] Ex Parte
L =) Against Property of Nonresident LH. ——— a
Plaintiff (name): Jacqueline Misho dba Misho Law Group
applies [7] after hearing LJ exparte for
a. . [41 a right to attach order and writ of attachment.
db, . L) an additional writ of attachment.
c. . -_] a temporary protective order.
qd. . _] an order directing the defendant to transfer to the levying officer possession of
(1) property in defendant's possession.
(2) documentary evidence in defendant's possession of titie to property,
(3) L_] documentary evidence in defendant's possession of debt owed to defendant.
Defendant (name): Catherine Ann ("Cat") Cora
a. (__] js a natural person who
(1}_¥_] resides in California.
(2)|__] does not reside in California.
c is a corporation
(1)] qualified to do business in California.
(2)[-_] not qualified to do business in California.
(__] is a California partnership or other unincorporated association.
[1] is a foreign partnership that
(1)L__] has filed a designation under Corporations Code section 15800.
(2) has not filed a designation under Corporations Code section 15800.
LZ] is other (specify):
a peson in a trade or business
Atiachment is sought to secure recovery on a claim upon which attachment may issue under (check one):
[¥] Code of Civil Procedure section 483.010 Welfare and Institutions Code section 15657.01.
Attachment is not sought for a purpose other than the recovery on a claim upon which the attachment is based.
Plaintiff has no information or belief that the claim is discharged or the prosecution of the action is stayed in a proceeding under
title 11 of tne United States Code (Bankruptcy).
Pago of 3
Form Approved fo Ontional Use APPLICATION FOR RIGHT TO ATTACH ORDER, Code of Civil Procedure 65 482 030,484
Judicial Couneil of California Wolfare. § instiluliors. Cade, § 15657.01
|AT-105 [Rev. July #, 2010] TEMPORARY PROTECTIVE ORDER, ETC. (Attachment) www couttinto.ca.gov
—__ A AT-105
| SHORT THLE CASE NUMBER:
Misho v. Cora 18 CV 01749
ee _ A ——
6. a. Lv | Plaintiff's claim or claims arise out of conduct by the defendant who is a natural person of a trade, business, or profession. The
claim or claims are not based on the saie or lease of property, a license to use property, the furnishing of services, or the joan
of money where any of the foregoing was used by the defendant primarily for personal, family, or household purposes,
b. Plaintiff's claim or claims arise out of conduct of a natural person who or an entity that has taken, secreted, appropriated,
obtained or retained, or assisted in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder
or dependent adult for a wrongful use, with intentto defraud, or by using undue influence.
The facts showing plaintiff is entitled to a judgment on the claim up on which the attachment is based are set forth with particularity
in the
a. [#7| verified complaint.
b. (2 attached affidavit or declaration.
c. L¥_} following facts (specify):
Ms. Cora retained Ms. Misho and her Law Group to represent her in a dissolution action.
Cora signed a written retainer agreement (Ex. A to Complaint) and promised to pay for
plaintiff's legal services. Cora did not pay the full amount due and owes plaintiff, as of
December 15, 2016, $311,240.53 plus interest from December 15, 2016 and attorney fees
The amount to be secured by the attachment is: $ $325,000
a. (7) which includes estimated costs of: $ 735.00
b. [7] which includes estimated allowable attorney fees of: $ $5,000.00
Plaintiff is informed and believes that the following property sought to be attached for which a method of levy is provided is subject
to attachment:
a. [__] Any property of a defendant who is not a natural person.
b. |__| Any property of a nonresident defendant.
c. [4] Property of 2 defendant who is a natural person that is subject to attachment under Code of Civil Procedure section
487.010 (specify):
Bank accounts, real estate and receivables from services and contracts for the use of her
name (licensing agreemenis).
a. [ Property covered by a bulk sales notice with respect to a bulk transfer by defendant on the proceeds of the sale of such
propery (describe):
e. (__] Piaintif's pro rata share of proceeds from an escrow in which defendant's liquor license is sold (specify license number)
10. Plaintiff
is informed and believes that the property sought to be attached is not exempt from attachment.
11. The court issued a Right to Attach Order on (date):
(Attach a copy.)
12. [_] Nonresident defendant has not filed a general appearance
——. -
AT-105 [Rev. July
1, 2010] APPLICATION FOR RIGHT TO ATTACH ORDER, Page 2of3
TEMPORARY PROTECTIVE ORDER, ETC. (Attachment)
~. AT-105
I SHORT TIT1. CASE NUMBER
~Misho v. Core 18 CV 01749
Le a an
—
43, a Piainttt [Le __| alleges on ex parte application for order for writ of attachment
L is informed and delieves on application for temporary protective order
that faintif will sufier great or irreparable ini jury if the order is not issued before the matter can be heard on notice because
Uy __| it may =be inferred that there is a danger that the property sought to be attached will be
fal” concealed
(9) substantially impaired in value
(c) mede unavailable to levy by other than conceaiment or impairment in value.
(2) defendent has faiied to pay the debt underlying the requesied attachment and is insolvent as defiaed in Cade of Civ!
Procedure section 485.610(b)(2).
(3) Lia a bulk sales nctice was recorded and published pursuant to division 6 of the Commercial Code with respect to a bulk
transfer by the defendant.
@ an escrow has been opened under the provisions of Business and Professions Code section 24074 with tespec: to
the sale by the defendant.
6 Ld cther circumstances (specify):
. The Bts tatements in item 132 are established by | the attached affidavit or decleration
| the following facts (specify)
a4 co Pi laintiff requests the following relief by temporary protective order (specify):
18, Plaintift
a [ has filed an undertaking in the amount of. $
b v has not filed an undertaking,
Date. May 26, 2018
mL.
Richard |. Wideman -
i IT Ma LAIN PLAINTIFES A CRI a NAT.IRE OF PLAINTIFF
OR Pia NIWF S AT>DE
DECLARATION
dectare under penalty of perjury under the laws of the State of California that the foregoing is true and carrect,
Date: May 29, 2018
os
gy ogueiine Mis
= Fo
tn6. Nu mber of Pages: attached:20
-——_- ee
i APPLICATION FOR RIGHT TO ATTACH ORDER, “Sage 3013
TEMPGRARY PROTECTIVE ORDER, ETC. (Attachment)
I
Misho_v. Cora, etal. Case No. 18CV01749
POINTS AND AUTHORITIES IN SUPPORT OF ISSUANCE OF RIGHT TO
ATTACH ORDER AND WRIT OF ATTACHMENT
\n this matter, plaintiff Jacqueline Misho dba Misho Law Group seeks a right to attach
order and writ of attachment against Catherine Ann (“Cat”) Cora, a “celebrity che? and definitely
a person engaged in a trade or business, to secure money owed to her for legal services
6 performed pursuant to a written contract (Exhibit A to verified Complaint and hereto). The debt
7 from Cora to Misho (as of December, 2016) is shown in Exhibit C to the Complaint and hereto
8 || and is $311, 240.53 not including interest, attorney fees and costs.
9 CCP §483.010 provides, in relevant part, as follows:
|
10 (a) Except as otherwise provided by statute, an attachment may be issued only in
an action on a claim or claims for money, each of which is based upon a contract,
ll express or implied, where the total amount of the claim or claims is a fixed or
readily ascertainable amount not less than five hundred dollars ($500) exclusive of
122
costs, interest, and attorney's fees.
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c) If the action is against a defendant who is a natural person, an attachment may
14 be issued only on a claim which arises out of the conduct by the defendant of a
c trade, business, or profession. An attachment may not be issued on a claim against
15 a defendant who is a natural person if the claim is based on the sale or iease of
16 property, a license to use property, the furnishing of services, or the loan of money
where the property sold or leased, or licensed for use, the services furnished, or the
17 money loaned was used by the defendant primarily for personal, family, or
household purposes.
18
19 Misho’s claims herein are based on a contract (Exhibit A to Complaint and hereto) and are
20 against a person in a trade or business, and are not for “personal, family or household purposes.”
21 The jurisdictional facts and the “fixed or readily ascertainable amount” are shown by the verified
22 Complaint and Misho’s Declaration attached hereto. An attachment will lie upon an employment
23 contract. See: Rose v, Pearman (1958) 163 Cal. App. 2d 480.
|
24 As the court said in Bank of Am. v. Salinas Nissan, Inc. (1989) 207 Cal. App. 3d 260, 271:
25 “Under the Attachment Law, “[w]hether or not the defendant appears in opposition,
the plaintiff has the burden of proving (1) that his claim is one upon which an
26 attachment may be issued and (2) the probable validity of such claim.” (Citation)
Section 483.010 defines the types of claims warranting attachment. Generally,
27
attachment is available only on contract claims for money.”
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POINTS AND AUTHORITIES and DECLARATION IN SUPPORT OF RIGHT TO ATTACH ORDER
Misho v. Cora, et al. Case No. 18CV01749 |
Here. the facts showing the debt and probable validity are set forth in both the verified
Complaint and the Declaration of Jacqueline Misho (and Exhibits A and C to the Complaint and
hereto).
Notice of Client's Right to Arbitrate (a prerequisite for this action) is shown in Exhibit B to
the verified Complaint and the Declaration attached.
There is no basis to deny the attachment. A minimum bond should be ordered.
9
RICHARD | WIDE) Esq
~.
ATTORNEY FOR PLAINTIFF
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POINTS AND AUTHORITIES and DECLARATION IN SUPPORT OF RIGHT TO ATTACH ORDER
Misho v. Cora, et al. ase No. 18CV01749
DECLARATION OF JACQUELINE MISHO
|, Jacqueline Misho, do declare and say:
1 | am an attorney licensed in California and am a certified family !aw specialist. | have
perscna! knowledge of the facts set forth herein.
| was retained by “celebrity chef’ Catherina Ann (“Cat”) Cora to represent her in her
dissojution. | did so. We executed a written retainer agreement (Ex. A).
Ms. Cora is now and has at all times relevant been a person engaged in a trade or
business and the debt to me is not for personal, family or household purposes.
| rendered the services through judgment including a hearing for custody (4 children) and
10 a trial, but was not paid $311,240.53 despite being promised payment. A copy of my bill
Ih for December, 2016 (the last time | rendered services) is attached.as Ex. C. | have
122 continued to send monthly bills for unpaid principal and accrued interest to Ms. Cora.
a
13 | did send Ms. Cora a Notice of Client's right to arbitrate (Ex. B).
14 | know of no defense to my claim and Ms. Cora has raised none in the moriths since she
< last paid me; in fact, she and her business people promised to pay me but did not do so.
15
16 The assets | seek to levy on are Ms. Cora’s bank accounts and her receivables from the
17 licensing of her name and services and her contracts with the following (and others not
18 known to me at this time):
19 . HBF (Hojej Branded Foods) contracts dated April 15, 2010 and November 12, 2013
20 Aramark Contract dated March 7, 2016
212
Mesa Burger contract
22
Sentosa contracts (February 27, 2013 and November 20, 2015)
23
24 . Mitchell Brands contract (March 2016)
25 8 | claim the right to an attorney's lien on those assets but such lien has not been
26 adjudicated or perfected and | seek to attach them now so my lien, when adjudicated, will
>
2
28
POINTS AND AUTHORITIES and DECLARATION IN SUPPORT OF RIGHT TO ATTACH ORDER
Misho v. Cora, et al ase No. 18CV0174
be effective and these assets will not be assigned to other entities controlled by Cora or
otherwise made unavailable for levy by me.
| declare under penalty of perjury that the foregoing is true and correct, executed at Santa
Barbara California on May 29, 2018
ee
JACQUELINE MISHO, Esq.
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POINTS AND AUTHORITIES and DECLARATION IN SUPPORT OF RIGHT TO ATTACH QRDER
EXHIBIT A
WRITTEN RETAINER AGREEMENT
[3/25/16]
a
Misho Law Group
Jacqueline Misho, CFLS. V1} West Micheltorena Strect, Suite 219
Sarah B. Orr, CFLS Santa Barbara, CA 93101
Carolyn A. Diacos (805) 965-3405
jmisho@misholaw.com
March 25, 2016
Catherine Ann Cora
catwi urx@aoh.com
Re: Marriage of Cora
Dear Ms. Cora.:
This letter confirms that you have retained our firm to represent you with respect to your
dissolution of marriage matters, The details of our representation of you, as set forth herein, are
required by the rules promulgated by the State Bar of California.
‘The natute of our legal services will depend upon how your matter develops, but will
likely include: discovery and investigation of the relevant facts; analysis of the facts and research
of the law relating to your matter; efforts to negotiate settlement of some or all of the issues
involved, You are authorizing our office to take all steps which we believe are appropriate to
carry out these services and protect your interests,
We have asked you for an initial retainer of $0. for attorneys’ fees und costs. This initial
retainer payment will be applied (o all time charges and disbursements incurred by our office in
connection with your matter, Ifthe initial retainer is exhausted prior to completion of your
matier, we may request that you provide an additional retainer in the amount we deem
appropriate to cover upcoming attorney time and costs, We reserve the right to withdraw if
any
request for additional retainer is not proraptly satisfied. Any retainer or payment not expended
will be refunded to you.
You have authorized Misho Law Group to communicate with you via electronic
communications, including the transmission of attorney-client privileged matter (c.g., advice,
fact analysis, forwarding documents, etc.); utilizing the email address you have provided us.
You hereby acknowledge that electronic transmission of data may or may not be fully secure,
and may be susceptible to an invasion of privacy. Notwithstanding the inherent risks applicable
{0 email communications, by providing us with your email address, you agree to accept the risks
attendant to electronic communications and authorize Misho Law Group to communicate with
you electronicaily,
You agree to pay all time charges incurred by our office on your behalf, You understand
that some of the work necessary to your case may be delegated to other attorneys within our
a.
Catherine Ann Cora
March 25, 2016
page two
office, The following hourly rates apply
Jacqueline Misho $575, per hour
Sarah Orr $400, per hour
Carolyn Diacos $350. per hour
Paralegal 3175. per hour
A minimum of one hour is billed for all court appearances. Costs, expenses and
disbursements incurred in connection with your matter may include appraisals, transcripts,
process servers, overnight delivery charges, and the like. Jn certain cases, we may ask you to
pay these bills directly (e.g,, appraiser or court reporter). No expert will be hired unless
authorized by you, but if we advance a retainer to an expert or pay his/her bill for services
rendered in connection with your case, that payment will be reflected as a “cost” on your bilt for
which you must reimburse us,
Photocopies, faxes (both received and sent) and document scans will be charged to your
account at $0.25 per page. You will not be billed for ordinary postage, or courier service within
the city of Santa Barbara, However, postage and courier charges may appear on your bill if they
exceed typical parameters, You agree to pay transportation, meals, lodging, and all other costs
of any necessary out-of-town travel by our personnel. You will also be charged the hourly rates
for the time attorneys spend traveling. Attomey air travel involving destinations or origins
outside California will be by business class accommodations.
We will keep records of the time spent working on your matter (e.g., telephone
conferences, court appearances, preparation of correspondence, pleadings, motions, discovery
materials, agreements and other documents), We will supply you with periodic detailed
statemenis of the time expended. You are expected to review the bill and brin g to our attention
‘any questions you may have within thirty days of your receipt. We will be happy to discuss any
questions regarding the bill and you will not be charged for the time spent discussing your bill.
ifno attorneys’ fees or costs are incurred for a particular month, or if they are minimal, the
statement may be held and combined with that for the following month. Any balance shall be
paid in fiall within fifleen days after the statement is mailed. In the event:that the balance
Temains unpaid on the thirtieth day after the statement:is mailed, interest will be payable on the
unpaid balance at the legal rate.
At this time, we cannot predict cither the amount of work involved in your matter or the
final amount of our fees. In the unlikely event that there is a dispute as to our fees, we will
provide you with Information concerning your right to have that dispute resolved through
arbitration. If we must eriforce this agreement through any court proceedings or arbitration, we
will be entitled to recover reasonable. compensation for the time so expended, plus court costs
and interest. If we use other attorneys to help-enforce this agreement, we will also be entitied to
Tecover @ reasonable fee for their services.
Catherine Ann Cora
March 25, 2016
page three
You have the absolute right to cancel this retainer agreement at any time and will be
charged only for the lime charges and disbursements incurred on your behalf by our office. You
hereby grant.us a lien’on any and all claims or causes Of action 'that are the subject of our
Tepreseniation under this agreement. .Our lien.will be for’any sums owing to us at the conclusion
of our services. The tien'will-attach to any recovery you may obtain, whether by arbitration
award, judgment, settlement, or otherwise. This will certify that you understand that you may
consult with independent counsel to review the terms of this agreement.
We will keep you informed of all developments in your case, and will send you copies of
all pleadings and important correspondence after they are received by or sent from this office,
Since we will be required to certify that we have no knowledge of eny inaccuracy in any sworn
Statement that you submit to the Court, you agree to fully and truthfully advise us of matters at
issue in your case, and to indemnify our office from any liability arising out of your knowingly
concealing or misrepresenting the truth in any sworn statement that our office may be asked to
certify. You agree to keep us informed of developments, to abide by this agreement, to pay our
bills on time, and to keep us advised of your address, telephone number, and whereabouts,
When our services conclude, all unpaid charges and costs will Immediately become due
and.payable. After our services conclude, we will deliver your file to you, along with any funds
of property of yours in our possession. You agree that once our services in this maiter have been
completed, and following termination of our professional relationship, we shall not be required
to maintain any papers, records, files or other writings reiating to your matter for more than
seven years thereafter. Upon the expiration of seven years after termination of our relationship,
you agree we shall be free to destroy said file and records.
We are not undertaking to represent you in any lawsuits other than your dissolution of
marriage matters, In the event that you wish us fo represent you in other domestic matters, or in
another action such as an appeal, a separate retainer and retainer agreement will be required,
Nothing in this agreement and nothing in our statements to you may be construed as a
Promise or guarantee about the outcome of your matter. We make no such promises or
guarantees. Our comments about the outcome of your matter are expressions of opinion only.
This agreement wii! take effect upon execution. Even if this agreement does not take
effect, you will be obligated to pay us the reasonable value of any services we may have
performed for you,
Please countersign at the place indicated below to acknowledge your acceptance of the
terms set forth in this letter and retura the original to our office. The copy is for your records.
We look forward to working with you.
fee
Mar 28 1801:33p Cat Cora, inc. 8057707112 pl
!
Catherine Ann Cora
March 25, 2016
page four
'
Very trulyyours,
JAQQUELINE MISHO
:
Thave read and understood
the foiregoing terms and agreed to them, as of
Law Group firsr fr vit led services, the date Misho
Catling Ann Cora On
|— a on ee ~~~. a.
EXHIBIT B
NOTICE OF CLIENT'S RIGHT TO
ARBITRATE
[3/9/17]
a bi teis Notice of Client's’ Right To Fee Arbitration
‘tients Name: Catherine Anne Cora Attorney's Name: Jacqueline Misho seein
Client's Address; 2305 Edgewater Way Attorney's Address: 1 W. Micheltorsaa Street,St iM 2 210
—e
Client's City, State & Zip: Santa Barbara, CA 93109 Attorney’s City, State & Zip: Santa Barbara, CAgato —
You have aa outstanding balance for fees and/or costs for professional services in the amount of $348,002.06
a
charged to you in the matter of Marriage of Cora
{[] have fited « tawsuit against you in the: ‘Case No.:
Court: ——— ++ ee
Address: eee
[Jt have filed an arbivation proceeding against you with the:
Agency: Case No.
Address; _——-——-~.
BZ No lawsuit or arbination proceeding has yet been filed but ray be filed if we do not resolve this claim,
You have the right under Sections 6200-6206 of the California Business and Professions Code to request arbitration of these fees or casts
by an independent, impartial arbitrator or panel of arbitrators through a bar association program created solely to resolve fee disputes
between lawyers and clients,
You will LOSE YOUR RIGHT TO ARBITRATION UNDER THIS PROGRAM if:
t5 YOU DO NOT FILE A WRITTEN APPLICATION FOR ARBITRATION WITH THE BAR ASSOCIATION WITHIN 30 DAYS
FROM RECEIPT OF THIS NOTICE USING A FORM PROVIDED BY THE LOCAL BAR ASSOCIATION OR STATE BAR OF
CALIFORNIA FEE ARBITRATION PROGRAM; OR
YOU RECEIVE THIS NOTICE AND THEN EITHER (1) ANSWER A COMPLAINT I HAVE FILED IN COURT; OR (2) FILE A
RESPONSE TO ANY ARBITRATION PROCEEDING THAT I HAVE INITIATED FOR COLLECTION OF FEES, AND/OR
COSTS, WITHOUT FIRST HAVING SERVED AND FILED A REQUEST FOR ARBITRATION UNDER THIS PROGRAM; OR
YOU FILE AN ACTION OR PLEADING IN ANY LAWSUIT WHICH SEEKS A COURT DECISION ON THIS DISPUTE OR
WHICH SEEKS DAMAGES FOR ANY ALLEGED MALPRACTICE OR PROFESSIONAL MISCONDUCT.
"have the right to file a lawsuit against you if you give up your right to mandatory fee arbitration. If! have already filed a lawsuit or
arbitration, you may have the Iawsuit or arbitration pastponed after you haye filed an application for arbitration under this program.
Uhave determined that:
© There is a local program which may have jurisdiction to hear this matter. The arbitration program listed below is available to you:
Name of Program: Fee Arbitration Program Adminisirator - SB County Sar Association
Address: 15 West Carrillo Street a
City, State & Zip: Santa Barbara, CA 95101 —---—_—
‘Telephone No. (805) 969-5511
——
You ntay wish to check the State Bur’s website at wwenw.calbar.ca.gov to see if there arc ober programs available to you.
(There is no approved local program which hus jurisdiction te hear this matter,
The State Bar of California wil! conduct fee arbitration (1) where there is no approved local program, (2) where there isa locé! program but it declines for any reasoa te heer
your case, (3) where viere fs a local program tnd you wish non-binding arbitration of this dispute and the local program refuses to al ow non-binding
dispute, oF (4) if you believe you cannot receive a fair hearing before the lo-el bar named above, If you need assistance, pleas? contact Mandatory Fee aibitration of yout
Arhitatien, State Bar af
Califomie, 180 Howard Street, San Francisco, CA 94105-1639, (415) 538-2020,
ro
Date: March 9, 2017 Attorney: a
*The request for arbitration pray also be made by a person who is not the client but
who may be liable for or entitled to a refund of attorney’s fecs or costs. (Mandatory State Bar Approyed Form Rey. Match 2613)
Misho
y. Cora Case. No,
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA
1am employed in the county of Santa Barbara, State of California, | am over the age of
eighteen (18) and not a party to the within action. My business address is 111 West
Micheltorena Street, Suite 210, Santa Barbara, California 93101.
On March 9, 2017 I served the foregoing document(s):
NOTICE OF CLIENT’S RIGHT TO FEE ARBITRATION
on the interested parties by:
Xx By placing true copies thereof enclosed in a sealed envelope addressed as follows:
Ire Benjamin Katz
10 Law Offices of Ira Benjamin Katz, APC
1925 Century Park East, Suite 1700
li Les Angeles, CA 90067-2740
ikatz@katzlaw.net
12
(BY MAIL) | am “readily familiar” with the firm's practice of collection and processing
13
2 correspondence for mailing. Under that practice it would be deposited with U.S. postal
service on that same day with postage thercon fully prepaid at Santa Barbara, California
4 in the ordinary course of business. Tam aware that on motion of the party served, service
is presumed invalid if postal cancellation date or postage meter date is more than one day
15 after date of deposit for mailing in affidavit,
16 x (BY ELECTRONIC MAIL) On March 9, 2017, I served the above-described
document(s) on the interested parties in this action by electronic email from email
\7 address skim@MishoLaw.com. 1 caused said transmission to be sent by email to the
email addresses listed above from my computer maintained by Misho Law Group.
18 The email transmission was reported as complete and without error.
1 Q (BY PERSONAL SERVICE) I caused said document(s) to be delivered by hand to
addressee,
20
Executed on March 9, 2017 in Santa Barbara, California,
21
x (State) I declare under penalty of perjury under the laws of the State of California that
22 the above is true and correct,
o
23 (Federal) { declare that | am employed in the office of a member of the bar of this Court
at whose direction the service was made.
24
25 a
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PROOF oF SERVICE
Misho Law Group
Jacqueline Misho, CFLS 141 West Micheltorena Street, Sulte 210
Erin Louria Zivic Santa Harbara, CA 93101
(898) 965-3405
jmisho@misholaw.com
March 9, 2017
Ira Benjamin Katz
Law Offices of fra Benjamin Katz, APC VIA ELECTRONIC MAIL
1925 Century Park East, Suite 1700
Los Angeles, CA 90067-2740
Re: Misho Law Group y. Catherine Cora
Dear Mr. Katz:
Enclosed please find the Notice of Client’s Right to Fee Arbitration in connection with
the pending fee collection issue. As you have indicated that you were retained by Ms, Cora to
represent her in connection with her outstanding account, this Notice is served upon you.
If you would prefer the notice be transmitted directly to your client, please let me know
within five(5) days of the date of this letter.
Very truly yours,
JAQQUELINE MISHO
JM/sk
enclosures
ny
OD Notice of Client's’ Right To Fee Arbitration
Client’s Name: Catherine Anne Cora Attorney’s Name; Jacqueline Misho ee
Client's Address: 2305 Edgewater Way Attorney's Address: 114 W. Micheltorena Street, Suite 210 come
Client's City, State & Zip: Santa Barbara, CA 93109 Attorney’s City, State
& Zip; Santa Barbara, CA 93107
You have an outstanding balance for fees and/or costs for professional services in the amount of $348,002.06
charged to you in the matter oft
a
Marriage of Cora
(l]! have filed & lawsuit against you in the: Court: Case No.: ae
Address:
[1] | have filed an arbitration proceeding against you with thes Agency: —-. Case No. ee
Address: ——. ee
(o Jawsuit or arbitration proceeding has yet been filed but may ve filed if we do not resolve this claim.
You have the right under Sections 6200-6206 of the California Business and Professions Code to request arbitration of these fies or costs
by an independent, impartial arbitrator or pane! of arbitrators through a bar association program crealed solely to resolve fee disputes
between lawyers and clients.
You will LOSE YOUR RIGHT TO ARBITRATION UNDER THIS PROGRAM if
1 YOU DO NOT FILE 4 WRITTEN APPLICATION FOR ARBITRATION WITH THE BAR ASSOCIATION WITHIN 39 DAYS
FROM RECEIPT OF THIS NOTICE USING A FORM PROVIDED BY THE LOCAL BAR ASSOCIATION OR STATE BAR OF
CALIFORNIA FEE ARBITRATION PROGRAM; OR
YOU RECEIVE THIS NOTICE AND THEN EITHER (1) ANSWERA COMPLAINT 1 HAVE FILED IN COURT; OR (2) FILE A
RESPONSE TO ANY ARBITRATION PROCEEDING THAT | HAVE INITIATED FOR COLLECTION OF FEES, AND/OR
COSTS, WITHOUT FIRST HAVING SERVED AND FILED A REQUEST FOR ARBITRATION UNDER THIS PROGRAM; OR
YOU FILE AN ACTION OR PLEADING IN ANY LAWSUIT WHICH SEEKS A COURT DECISION ON THIS DISPUTE OR
WHICH SEEKS DAMAGES FOR ANY ALLEGED MALPRACTICE OR PROFESSIONAL MISCONDUCT
.
Thave the right to file a lawsuit against you if you give up your right to mandatory fee arbitration. 1! have already filed a lawsuit or
arbitration, you may have the lawsuit or arbitration postponed after you have filed an application for arbitration under this program.
Thave determined that:
© There is a tocal program which may have jurisdiction to hear this matter. The arbitration program listed below is available to you:
Name of Program; Fee Arbitration Prograrn Administrator - SB County Bar Association
Address: 15 West Carrillo Street _———-
City, State & Zip: Santa Barbara, CA 93104 ——
Tetephone Now (805) 569-5514
—
‘You may wish to check the State Bar's website at wiww.calbar.ca.gov (0 see if there are other programs available to you.
(D There is no approved local program which has jurisdiction to hear this matter.
The State Bar of California wiil conduct {ee arbitration (1) where there is no approved local program, (2) whete there is a loced program but it declines for any rzason te hear
your case, (3) where there is local program and you wish non-binding arb sation of this dispule and the local program sefvszs 10 allow non-binding arbitration of your
dispute, of (4) if you ‘believe you cannot receive a fair heating before thek | bar named above. If you need assistance, pleas? contact Mandatory Fee Arbitration, State Bar of
Colifomia, 180 Howard Street, San Francisco, CA 94505-1639 , (415) 5:
ro
Date: March 9, 2017 Asomey ~ an
*The request for arbitration may also be made by a person who is not the client but
who may be lindle foror entitled to a refund of ‘attorney’s fees or costs. (Mandatory State Bar Approved Form Rev, March 2013)
Misho
v. Cora
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA
1 am employed in the county of Santa Barbara, State of California. | am over the age of
cighteen (18) and not a party to the within action, My business address is 111 West
Micheltorena Street, Suite 210, Santa Barbara, California 93101.
On March 9, 2017 I served the foregoing document(s):
NOTICE OF CLIENT’S RIGHT TO FEE ARBITRATION
on the interested parties by:
Xx By placing true copies thereof enclosed in a sealed envelope addressed as follows:
fra Benjamin Katz
10 Law Offices of Ira Benjamin Katz, APC
1925 Century Park East, Suite 1700
Los Angeles, CA 90067-2740
i
ikatz@katzlaw
net
12
a (BY MAIL) | am “readily familiar" with the firm's practice of collection and pro ng
13
2 correspondence for mailing. Under that practice it would be deposited with U.S. postal
service on that same day with postage thereon fully prepaid at Santa Barbara, California
14 in the ordinary course of business. Iam aware that on motion of the party served, service
is presumed invalid if postal cancellation date or postage meter date 1s more than 0 ne day
15 afier date of deposit for mailing in affidavit.
16 x (BY ELECTRONIC MAIL) On March 9, 2017, | served the above-described
document(s) on the interested parties in this action by electronic email from email
_ address skim@MishoLaw.com. | caused said transmission to be sent by email to the
7
email addresses listed above from my computer maintained by Misho Law Group.
18 ‘The email transmission was reported as complete and without error.
19 Q (BY PERSONAL SERVICE) | caused said document(s) to
Preview
C doe a a 105 |” arroRey OR PART: WITHOUT ATTORNEY tome, Sat far umber nd aéinasy (SB # 41185] FOR COURT USE ONLY RICHARD |. WIDEMAN, Esa. 485 Alisal Road # 232 Solvang, CA 93463 TeverHoneno: 245-8916 EMAILADDRESS (Ontiona!: riwlaw@gmail.com Fax. (oztena: 688-9424 ELECTRONICALLY FILED S uperior Court of California ‘County of Santa Barbara | ATTOR FoRNEY (name): Jacqueline Misho __Darrel E. Parker, Executive Officer — SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA 6/21/2018 9:37 AM STREET ADDRESS. 1100 Anacapa Street By: Terri Chavez, Deputy MAILING ADDRESS: PO Box 21107 ) eATY AND Z\P CODE Santa Barbara CA 93101 BRANCH NAME ANACAPA ——| | PLINTIFE: JACQUELINE MISHO dba MISHO LAW GROUP berenpant: CATHERINE ANN ("CAT") CORA, CAT CORA INC } APPLICATION FOR ‘CASE NUMBER: [¥1| RIGHT TO ATTACH ORDER [_] TEMPORARY PROTECTIVE ORDER 18 CV 01749 [<] ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT ORDER FOR ISSUANCE OF ADDITIONAL WRIT OF ATTACHMENT [4] After Hearing (_] Ex Parte L =) Against Property of Nonresident LH. ——— a Plaintiff (name): Jacqueline Misho dba Misho Law Group applies [7] after hearing LJ exparte for a. . [41 a right to attach order and writ of attachment. db, . L) an additional writ of attachment. c. . -_] a temporary protective order. qd. . _] an order directing the defendant to transfer to the levying officer possession of (1) property in defendant's possession. (2) documentary evidence in defendant's possession of titie to property, (3) L_] documentary evidence in defendant's possession of debt owed to defendant. Defendant (name): Catherine Ann ("Cat") Cora a. (__] js a natural person who (1}_¥_] resides in California. (2)|__] does not reside in California. c is a corporation (1)] qualified to do business in California. (2)[-_] not qualified to do business in California. (__] is a California partnership or other unincorporated association. [1] is a foreign partnership that (1)L__] has filed a designation under Corporations Code section 15800. (2) has not filed a designation under Corporations Code section 15800. LZ] is other (specify): a peson in a trade or business Atiachment is sought to secure recovery on a claim upon which attachment may issue under (check one): [¥] Code of Civil Procedure section 483.010 Welfare and Institutions Code section 15657.01. Attachment is not sought for a purpose other than the recovery on a claim upon which the attachment is based. Plaintiff has no information or belief that the claim is discharged or the prosecution of the action is stayed in a proceeding under title 11 of tne United States Code (Bankruptcy). Pago of 3 Form Approved fo Ontional Use APPLICATION FOR RIGHT TO ATTACH ORDER, Code of Civil Procedure 65 482 030,484 Judicial Couneil of California Wolfare. § instiluliors. Cade, § 15657.01 |AT-105 [Rev. July #, 2010] TEMPORARY PROTECTIVE ORDER, ETC. (Attachment) www couttinto.ca.gov —__ A AT-105 | SHORT THLE CASE NUMBER: Misho v. Cora 18 CV 01749 ee _ A —— 6. a. Lv | Plaintiff's claim or claims arise out of conduct by the defendant who is a natural person of a trade, business, or profession. The claim or claims are not based on the saie or lease of property, a license to use property, the furnishing of services, or the joan of money where any of the foregoing was used by the defendant primarily for personal, family, or household purposes, b. Plaintiff's claim or claims arise out of conduct of a natural person who or an entity that has taken, secreted, appropriated, obtained or retained, or assisted in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use, with intentto defraud, or by using undue influence. The facts showing plaintiff is entitled to a judgment on the claim up on which the attachment is based are set forth with particularity in the a. [#7| verified complaint. b. (2 attached affidavit or declaration. c. L¥_} following facts (specify): Ms. Cora retained Ms. Misho and her Law Group to represent her in a dissolution action. Cora signed a written retainer agreement (Ex. A to Complaint) and promised to pay for plaintiff's legal services. Cora did not pay the full amount due and owes plaintiff, as of December 15, 2016, $311,240.53 plus interest from December 15, 2016 and attorney fees The amount to be secured by the attachment is: $ $325,000 a. (7) which includes estimated costs of: $ 735.00 b. [7] which includes estimated allowable attorney fees of: $ $5,000.00 Plaintiff is informed and believes that the following property sought to be attached for which a method of levy is provided is subject to attachment: a. [__] Any property of a defendant who is not a natural person. b. |__| Any property of a nonresident defendant. c. [4] Property of 2 defendant who is a natural person that is subject to attachment under Code of Civil Procedure section 487.010 (specify): Bank accounts, real estate and receivables from services and contracts for the use of her name (licensing agreemenis). a. [ Property covered by a bulk sales notice with respect to a bulk transfer by defendant on the proceeds of the sale of such propery (describe): e. (__] Piaintif's pro rata share of proceeds from an escrow in which defendant's liquor license is sold (specify license number) 10. Plaintiff is informed and believes that the property sought to be attached is not exempt from attachment. 11. The court issued a Right to Attach Order on (date): (Attach a copy.) 12. [_] Nonresident defendant has not filed a general appearance ——. - AT-105 [Rev. July 1, 2010] APPLICATION FOR RIGHT TO ATTACH ORDER, Page 2of3 TEMPORARY PROTECTIVE ORDER, ETC. (Attachment) ~. AT-105 I SHORT TIT1. CASE NUMBER ~Misho v. Core 18 CV 01749 Le a an — 43, a Piainttt [Le __| alleges on ex parte application for order for writ of attachment L is informed and delieves on application for temporary protective order that faintif will sufier great or irreparable ini jury if the order is not issued before the matter can be heard on notice because Uy __| it may =be inferred that there is a danger that the property sought to be attached will be fal” concealed (9) substantially impaired in value (c) mede unavailable to levy by other than conceaiment or impairment in value. (2) defendent has faiied to pay the debt underlying the requesied attachment and is insolvent as defiaed in Cade of Civ! Procedure section 485.610(b)(2). (3) Lia a bulk sales nctice was recorded and published pursuant to division 6 of the Commercial Code with respect to a bulk transfer by the defendant. @ an escrow has been opened under the provisions of Business and Professions Code section 24074 with tespec: to the sale by the defendant. 6 Ld cther circumstances (specify): . The Bts tatements in item 132 are established by | the attached affidavit or decleration | the following facts (specify) a4 co Pi laintiff requests the following relief by temporary protective order (specify): 18, Plaintift a [ has filed an undertaking in the amount of. $ b v has not filed an undertaking, Date. May 26, 2018 mL. Richard |. Wideman - i IT Ma LAIN PLAINTIFES A CRI a NAT.IRE OF PLAINTIFF OR Pia NIWF S AT>DE DECLARATION dectare under penalty of perjury under the laws of the State of California that the foregoing is true and carrect, Date: May 29, 2018 os gy ogueiine Mis = Fo tn6. Nu mber of Pages: attached:20 -——_- ee i APPLICATION FOR RIGHT TO ATTACH ORDER, “Sage 3013 TEMPGRARY PROTECTIVE ORDER, ETC. (Attachment) I Misho_v. Cora, etal. Case No. 18CV01749 POINTS AND AUTHORITIES IN SUPPORT OF ISSUANCE OF RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT \n this matter, plaintiff Jacqueline Misho dba Misho Law Group seeks a right to attach order and writ of attachment against Catherine Ann (“Cat”) Cora, a “celebrity che? and definitely a person engaged in a trade or business, to secure money owed to her for legal services 6 performed pursuant to a written contract (Exhibit A to verified Complaint and hereto). The debt 7 from Cora to Misho (as of December, 2016) is shown in Exhibit C to the Complaint and hereto 8 || and is $311, 240.53 not including interest, attorney fees and costs. 9 CCP §483.010 provides, in relevant part, as follows: | 10 (a) Except as otherwise provided by statute, an attachment may be issued only in an action on a claim or claims for money, each of which is based upon a contract, ll express or implied, where the total amount of the claim or claims is a fixed or readily ascertainable amount not less than five hundred dollars ($500) exclusive of 122 costs, interest, and attorney's fees. 13 c) If the action is against a defendant who is a natural person, an attachment may 14 be issued only on a claim which arises out of the conduct by the defendant of a c trade, business, or profession. An attachment may not be issued on a claim against 15 a defendant who is a natural person if the claim is based on the sale or iease of 16 property, a license to use property, the furnishing of services, or the loan of money where the property sold or leased, or licensed for use, the services furnished, or the 17 money loaned was used by the defendant primarily for personal, family, or household purposes. 18 19 Misho’s claims herein are based on a contract (Exhibit A to Complaint and hereto) and are 20 against a person in a trade or business, and are not for “personal, family or household purposes.” 21 The jurisdictional facts and the “fixed or readily ascertainable amount” are shown by the verified 22 Complaint and Misho’s Declaration attached hereto. An attachment will lie upon an employment 23 contract. See: Rose v, Pearman (1958) 163 Cal. App. 2d 480. | 24 As the court said in Bank of Am. v. Salinas Nissan, Inc. (1989) 207 Cal. App. 3d 260, 271: 25 “Under the Attachment Law, “[w]hether or not the defendant appears in opposition, the plaintiff has the burden of proving (1) that his claim is one upon which an 26 attachment may be issued and (2) the probable validity of such claim.” (Citation) Section 483.010 defines the types of claims warranting attachment. Generally, 27 attachment is available only on contract claims for money.” 28 POINTS AND AUTHORITIES and DECLARATION IN SUPPORT OF RIGHT TO ATTACH ORDER Misho v. Cora, et al. Case No. 18CV01749 | Here. the facts showing the debt and probable validity are set forth in both the verified Complaint and the Declaration of Jacqueline Misho (and Exhibits A and C to the Complaint and hereto). Notice of Client's Right to Arbitrate (a prerequisite for this action) is shown in Exhibit B to the verified Complaint and the Declaration attached. There is no basis to deny the attachment. A minimum bond should be ordered. 9 RICHARD | WIDE) Esq ~. ATTORNEY FOR PLAINTIFF 10 | 12 13 14 15 16 17 18 19 20 221 22 23 24 25 26 27 28 POINTS AND AUTHORITIES and DECLARATION IN SUPPORT OF RIGHT TO ATTACH ORDER Misho v. Cora, et al. ase No. 18CV01749 DECLARATION OF JACQUELINE MISHO |, Jacqueline Misho, do declare and say: 1 | am an attorney licensed in California and am a certified family !aw specialist. | have perscna! knowledge of the facts set forth herein. | was retained by “celebrity chef’ Catherina Ann (“Cat”) Cora to represent her in her dissojution. | did so. We executed a written retainer agreement (Ex. A). Ms. Cora is now and has at all times relevant been a person engaged in a trade or business and the debt to me is not for personal, family or household purposes. | rendered the services through judgment including a hearing for custody (4 children) and 10 a trial, but was not paid $311,240.53 despite being promised payment. A copy of my bill Ih for December, 2016 (the last time | rendered services) is attached.as Ex. C. | have 122 continued to send monthly bills for unpaid principal and accrued interest to Ms. Cora. a 13 | did send Ms. Cora a Notice of Client's right to arbitrate (Ex. B). 14 | know of no defense to my claim and Ms. Cora has raised none in the moriths since she < last paid me; in fact, she and her business people promised to pay me but did not do so. 15 16 The assets | seek to levy on are Ms. Cora’s bank accounts and her receivables from the 17 licensing of her name and services and her contracts with the following (and others not 18 known to me at this time): 19 . HBF (Hojej Branded Foods) contracts dated April 15, 2010 and November 12, 2013 20 Aramark Contract dated March 7, 2016 212 Mesa Burger contract 22 Sentosa contracts (February 27, 2013 and November 20, 2015) 23 24 . Mitchell Brands contract (March 2016) 25 8 | claim the right to an attorney's lien on those assets but such lien has not been 26 adjudicated or perfected and | seek to attach them now so my lien, when adjudicated, will > 2 28 POINTS AND AUTHORITIES and DECLARATION IN SUPPORT OF RIGHT TO ATTACH ORDER Misho v. Cora, et al ase No. 18CV0174 be effective and these assets will not be assigned to other entities controlled by Cora or otherwise made unavailable for levy by me. | declare under penalty of perjury that the foregoing is true and correct, executed at Santa Barbara California on May 29, 2018 ee JACQUELINE MISHO, Esq. 10 It 12 13 14 15 16 17 18 19 20 21 22 22 23 24 25 26 27 28 POINTS AND AUTHORITIES and DECLARATION IN SUPPORT OF RIGHT TO ATTACH QRDER EXHIBIT A WRITTEN RETAINER AGREEMENT [3/25/16] a Misho Law Group Jacqueline Misho, CFLS. V1} West Micheltorena Strect, Suite 219 Sarah B. Orr, CFLS Santa Barbara, CA 93101 Carolyn A. Diacos (805) 965-3405 jmisho@misholaw.com March 25, 2016 Catherine Ann Cora catwi urx@aoh.com Re: Marriage of Cora Dear Ms. Cora.: This letter confirms that you have retained our firm to represent you with respect to your dissolution of marriage matters, The details of our representation of you, as set forth herein, are required by the rules promulgated by the State Bar of California. ‘The natute of our legal services will depend upon how your matter develops, but will likely include: discovery and investigation of the relevant facts; analysis of the facts and research of the law relating to your matter; efforts to negotiate settlement of some or all of the issues involved, You are authorizing our office to take all steps which we believe are appropriate to carry out these services and protect your interests, We have asked you for an initial retainer of $0. for attorneys’ fees und costs. This initial retainer payment will be applied (o all time charges and disbursements incurred by our office in connection with your matter, Ifthe initial retainer is exhausted prior to completion of your matier, we may request that you provide an additional retainer in the amount we deem appropriate to cover upcoming attorney time and costs, We reserve the right to withdraw if any request for additional retainer is not proraptly satisfied. Any retainer or payment not expended will be refunded to you. You have authorized Misho Law Group to communicate with you via electronic communications, including the transmission of attorney-client privileged matter (c.g., advice, fact analysis, forwarding documents, etc.); utilizing the email address you have provided us. You hereby acknowledge that electronic transmission of data may or may not be fully secure, and may be susceptible to an invasion of privacy. Notwithstanding the inherent risks applicable {0 email communications, by providing us with your email address, you agree to accept the risks attendant to electronic communications and authorize Misho Law Group to communicate with you electronicaily, You agree to pay all time charges incurred by our office on your behalf, You understand that some of the work necessary to your case may be delegated to other attorneys within our a. Catherine Ann Cora March 25, 2016 page two office, The following hourly rates apply Jacqueline Misho $575, per hour Sarah Orr $400, per hour Carolyn Diacos $350. per hour Paralegal 3175. per hour A minimum of one hour is billed for all court appearances. Costs, expenses and disbursements incurred in connection with your matter may include appraisals, transcripts, process servers, overnight delivery charges, and the like. Jn certain cases, we may ask you to pay these bills directly (e.g,, appraiser or court reporter). No expert will be hired unless authorized by you, but if we advance a retainer to an expert or pay his/her bill for services rendered in connection with your case, that payment will be reflected as a “cost” on your bilt for which you must reimburse us, Photocopies, faxes (both received and sent) and document scans will be charged to your account at $0.25 per page. You will not be billed for ordinary postage, or courier service within the city of Santa Barbara, However, postage and courier charges may appear on your bill if they exceed typical parameters, You agree to pay transportation, meals, lodging, and all other costs of any necessary out-of-town travel by our personnel. You will also be charged the hourly rates for the time attorneys spend traveling. Attomey air travel involving destinations or origins outside California will be by business class accommodations. We will keep records of the time spent working on your matter (e.g., telephone conferences, court appearances, preparation of correspondence, pleadings, motions, discovery materials, agreements and other documents), We will supply you with periodic detailed statemenis of the time expended. You are expected to review the bill and brin g to our attention ‘any questions you may have within thirty days of your receipt. We will be happy to discuss any questions regarding the bill and you will not be charged for the time spent discussing your bill. ifno attorneys’ fees or costs are incurred for a particular month, or if they are minimal, the statement may be held and combined with that for the following month. Any balance shall be paid in fiall within fifleen days after the statement is mailed. In the event:that the balance Temains unpaid on the thirtieth day after the statement:is mailed, interest will be payable on the unpaid balance at the legal rate. At this time, we cannot predict cither the amount of work involved in your matter or the final amount of our fees. In the unlikely event that there is a dispute as to our fees, we will provide you with Information concerning your right to have that dispute resolved through arbitration. If we must eriforce this agreement through any court proceedings or arbitration, we will be entitled to recover reasonable. compensation for the time so expended, plus court costs and interest. If we use other attorneys to help-enforce this agreement, we will also be entitied to Tecover @ reasonable fee for their services. Catherine Ann Cora March 25, 2016 page three You have the absolute right to cancel this retainer agreement at any time and will be charged only for the lime charges and disbursements incurred on your behalf by our office. You hereby grant.us a lien’on any and all claims or causes Of action 'that are the subject of our Tepreseniation under this agreement. .Our lien.will be for’any sums owing to us at the conclusion of our services. The tien'will-attach to any recovery you may obtain, whether by arbitration award, judgment, settlement, or otherwise. This will certify that you understand that you may consult with independent counsel to review the terms of this agreement. We will keep you informed of all developments in your case, and will send you copies of all pleadings and important correspondence after they are received by or sent from this office, Since we will be required to certify that we have no knowledge of eny inaccuracy in any sworn Statement that you submit to the Court, you agree to fully and truthfully advise us of matters at issue in your case, and to indemnify our office from any liability arising out of your knowingly concealing or misrepresenting the truth in any sworn statement that our office may be asked to certify. You agree to keep us informed of developments, to abide by this agreement, to pay our bills on time, and to keep us advised of your address, telephone number, and whereabouts, When our services conclude, all unpaid charges and costs will Immediately become due and.payable. After our services conclude, we will deliver your file to you, along with any funds of property of yours in our possession. You agree that once our services in this maiter have been completed, and following termination of our professional relationship, we shall not be required to maintain any papers, records, files or other writings reiating to your matter for more than seven years thereafter. Upon the expiration of seven years after termination of our relationship, you agree we shall be free to destroy said file and records. We are not undertaking to represent you in any lawsuits other than your dissolution of marriage matters, In the event that you wish us fo represent you in other domestic matters, or in another action such as an appeal, a separate retainer and retainer agreement will be required, Nothing in this agreement and nothing in our statements to you may be construed as a Promise or guarantee about the outcome of your matter. We make no such promises or guarantees. Our comments about the outcome of your matter are expressions of opinion only. This agreement wii! take effect upon execution. Even if this agreement does not take effect, you will be obligated to pay us the reasonable value of any services we may have performed for you, Please countersign at the place indicated below to acknowledge your acceptance of the terms set forth in this letter and retura the original to our office. The copy is for your records. We look forward to working with you. fee Mar 28 1801:33p Cat Cora, inc. 8057707112 pl ! Catherine Ann Cora March 25, 2016 page four ' Very trulyyours, JAQQUELINE MISHO : Thave read and understood the foiregoing terms and agreed to them, as of Law Group firsr fr vit led services, the date Misho Catling Ann Cora On |— a on ee ~~~. a. EXHIBIT B NOTICE OF CLIENT'S RIGHT TO ARBITRATE [3/9/17] a bi teis Notice of Client's’ Right To Fee Arbitration ‘tients Name: Catherine Anne Cora Attorney's Name: Jacqueline Misho seein Client's Address; 2305 Edgewater Way Attorney's Address: 1 W. Micheltorsaa Street,St iM 2 210 —e Client's City, State & Zip: Santa Barbara, CA 93109 Attorney’s City, State & Zip: Santa Barbara, CAgato — You have aa outstanding balance for fees and/or costs for professional services in the amount of $348,002.06 a charged to you in the matter of Marriage of Cora {[] have fited « tawsuit against you in the: ‘Case No.: Court: ——— ++ ee Address: eee [Jt have filed an arbivation proceeding against you with the: Agency: Case No. Address; _——-——-~. BZ No lawsuit or arbination proceeding has yet been filed but ray be filed if we do not resolve this claim, You have the right under Sections 6200-6206 of the California Business and Professions Code to request arbitration of these fees or casts by an independent, impartial arbitrator or panel of arbitrators through a bar association program created solely to resolve fee disputes between lawyers and clients, You will LOSE YOUR RIGHT TO ARBITRATION UNDER THIS PROGRAM if: t5 YOU DO NOT FILE A WRITTEN APPLICATION FOR ARBITRATION WITH THE BAR ASSOCIATION WITHIN 30 DAYS FROM RECEIPT OF THIS NOTICE USING A FORM PROVIDED BY THE LOCAL BAR ASSOCIATION OR STATE BAR OF CALIFORNIA FEE ARBITRATION PROGRAM; OR YOU RECEIVE THIS NOTICE AND THEN EITHER (1) ANSWER A COMPLAINT I HAVE FILED IN COURT; OR (2) FILE A RESPONSE TO ANY ARBITRATION PROCEEDING THAT I HAVE INITIATED FOR COLLECTION OF FEES, AND/OR COSTS, WITHOUT FIRST HAVING SERVED AND FILED A REQUEST FOR ARBITRATION UNDER THIS PROGRAM; OR YOU FILE AN ACTION OR PLEADING IN ANY LAWSUIT WHICH SEEKS A COURT DECISION ON THIS DISPUTE OR WHICH SEEKS DAMAGES FOR ANY ALLEGED MALPRACTICE OR PROFESSIONAL MISCONDUCT. "have the right to file a lawsuit against you if you give up your right to mandatory fee arbitration. If! have already filed a lawsuit or arbitration, you may have the Iawsuit or arbitration pastponed after you haye filed an application for arbitration under this program. Uhave determined that: © There is a local program which may have jurisdiction to hear this matter. The arbitration program listed below is available to you: Name of Program: Fee Arbitration Program Adminisirator - SB County Sar Association Address: 15 West Carrillo Street a City, State & Zip: Santa Barbara, CA 95101 —---—_— ‘Telephone No. (805) 969-5511 —— You ntay wish to check the State Bur’s website at wwenw.calbar.ca.gov to see if there arc ober programs available to you. (There is no approved local program which hus jurisdiction te hear this matter, The State Bar of California wil! conduct fee arbitration (1) where there is no approved local program, (2) where there isa locé! program but it declines for any reasoa te heer your case, (3) where viere fs a local program tnd you wish non-binding arbitration of this dispute and the local program refuses to al ow non-binding dispute, oF (4) if you believe you cannot receive a fair hearing before the lo-el bar named above, If you need assistance, pleas? contact Mandatory Fee aibitration of yout Arhitatien, State Bar af Califomie, 180 Howard Street, San Francisco, CA 94105-1639, (415) 538-2020, ro Date: March 9, 2017 Attorney: a *The request for arbitration pray also be made by a person who is not the client but who may be liable for or entitled to a refund of attorney’s fecs or costs. (Mandatory State Bar Approyed Form Rey. Match 2613) Misho y. Cora Case. No, PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA 1am employed in the county of Santa Barbara, State of California, | am over the age of eighteen (18) and not a party to the within action. My business address is 111 West Micheltorena Street, Suite 210, Santa Barbara, California 93101. On March 9, 2017 I served the foregoing document(s): NOTICE OF CLIENT’S RIGHT TO FEE ARBITRATION on the interested parties by: Xx By placing true copies thereof enclosed in a sealed envelope addressed as follows: Ire Benjamin Katz 10 Law Offices of Ira Benjamin Katz, APC 1925 Century Park East, Suite 1700 li Les Angeles, CA 90067-2740 ikatz@katzlaw.net 12 (BY MAIL) | am “readily familiar” with the firm's practice of collection and processing 13 2 correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thercon fully prepaid at Santa Barbara, California 4 in the ordinary course of business. Tam aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day 15 after date of deposit for mailing in affidavit, 16 x (BY ELECTRONIC MAIL) On March 9, 2017, I served the above-described document(s) on the interested parties in this action by electronic email from email \7 address skim@MishoLaw.com. 1 caused said transmission to be sent by email to the email addresses listed above from my computer maintained by Misho Law Group. 18 The email transmission was reported as complete and without error. 1 Q (BY PERSONAL SERVICE) I caused said document(s) to be delivered by hand to addressee, 20 Executed on March 9, 2017 in Santa Barbara, California, 21 x (State) I declare under penalty of perjury under the laws of the State of California that 22 the above is true and correct, o 23 (Federal) { declare that | am employed in the office of a member of the bar of this Court at whose direction the service was made. 24 25 a 26 27 PROOF oF SERVICE Misho Law Group Jacqueline Misho, CFLS 141 West Micheltorena Street, Sulte 210 Erin Louria Zivic Santa Harbara, CA 93101 (898) 965-3405 jmisho@misholaw.com March 9, 2017 Ira Benjamin Katz Law Offices of fra Benjamin Katz, APC VIA ELECTRONIC MAIL 1925 Century Park East, Suite 1700 Los Angeles, CA 90067-2740 Re: Misho Law Group y. Catherine Cora Dear Mr. Katz: Enclosed please find the Notice of Client’s Right to Fee Arbitration in connection with the pending fee collection issue. As you have indicated that you were retained by Ms, Cora to represent her in connection with her outstanding account, this Notice is served upon you. If you would prefer the notice be transmitted directly to your client, please let me know within five(5) days of the date of this letter. Very truly yours, JAQQUELINE MISHO JM/sk enclosures ny OD Notice of Client's’ Right To Fee Arbitration Client’s Name: Catherine Anne Cora Attorney’s Name; Jacqueline Misho ee Client's Address: 2305 Edgewater Way Attorney's Address: 114 W. Micheltorena Street, Suite 210 come Client's City, State & Zip: Santa Barbara, CA 93109 Attorney’s City, State & Zip; Santa Barbara, CA 93107 You have an outstanding balance for fees and/or costs for professional services in the amount of $348,002.06 charged to you in the matter oft a Marriage of Cora (l]! have filed & lawsuit against you in the: Court: Case No.: ae Address: [1] | have filed an arbitration proceeding against you with thes Agency: —-. Case No. ee Address: ——. ee (o Jawsuit or arbitration proceeding has yet been filed but may ve filed if we do not resolve this claim. You have the right under Sections 6200-6206 of the California Business and Professions Code to request arbitration of these fies or costs by an independent, impartial arbitrator or pane! of arbitrators through a bar association program crealed solely to resolve fee disputes between lawyers and clients. You will LOSE YOUR RIGHT TO ARBITRATION UNDER THIS PROGRAM if 1 YOU DO NOT FILE 4 WRITTEN APPLICATION FOR ARBITRATION WITH THE BAR ASSOCIATION WITHIN 39 DAYS FROM RECEIPT OF THIS NOTICE USING A FORM PROVIDED BY THE LOCAL BAR ASSOCIATION OR STATE BAR OF CALIFORNIA FEE ARBITRATION PROGRAM; OR YOU RECEIVE THIS NOTICE AND THEN EITHER (1) ANSWERA COMPLAINT 1 HAVE FILED IN COURT; OR (2) FILE A RESPONSE TO ANY ARBITRATION PROCEEDING THAT | HAVE INITIATED FOR COLLECTION OF FEES, AND/OR COSTS, WITHOUT FIRST HAVING SERVED AND FILED A REQUEST FOR ARBITRATION UNDER THIS PROGRAM; OR YOU FILE AN ACTION OR PLEADING IN ANY LAWSUIT WHICH SEEKS A COURT DECISION ON THIS DISPUTE OR WHICH SEEKS DAMAGES FOR ANY ALLEGED MALPRACTICE OR PROFESSIONAL MISCONDUCT . Thave the right to file a lawsuit against you if you give up your right to mandatory fee arbitration. 1! have already filed a lawsuit or arbitration, you may have the lawsuit or arbitration postponed after you have filed an application for arbitration under this program. Thave determined that: © There is a tocal program which may have jurisdiction to hear this matter. The arbitration program listed below is available to you: Name of Program; Fee Arbitration Prograrn Administrator - SB County Bar Association Address: 15 West Carrillo Street _———- City, State & Zip: Santa Barbara, CA 93104 —— Tetephone Now (805) 569-5514 — ‘You may wish to check the State Bar's website at wiww.calbar.ca.gov (0 see if there are other programs available to you. (D There is no approved local program which has jurisdiction to hear this matter. The State Bar of California wiil conduct {ee arbitration (1) where there is no approved local program, (2) whete there is a loced program but it declines for any rzason te hear your case, (3) where there is local program and you wish non-binding arb sation of this dispule and the local program sefvszs 10 allow non-binding arbitration of your dispute, of (4) if you ‘believe you cannot receive a fair heating before thek | bar named above. If you need assistance, pleas? contact Mandatory Fee Arbitration, State Bar of Colifomia, 180 Howard Street, San Francisco, CA 94505-1639 , (415) 5: ro Date: March 9, 2017 Asomey ~ an *The request for arbitration may also be made by a person who is not the client but who may be lindle foror entitled to a refund of ‘attorney’s fees or costs. (Mandatory State Bar Approved Form Rev, March 2013) Misho v. Cora PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA 1 am employed in the county of Santa Barbara, State of California. | am over the age of cighteen (18) and not a party to the within action, My business address is 111 West Micheltorena Street, Suite 210, Santa Barbara, California 93101. On March 9, 2017 I served the foregoing document(s): NOTICE OF CLIENT’S RIGHT TO FEE ARBITRATION on the interested parties by: Xx By placing true copies thereof enclosed in a sealed envelope addressed as follows: fra Benjamin Katz 10 Law Offices of Ira Benjamin Katz, APC 1925 Century Park East, Suite 1700 Los Angeles, CA 90067-2740 i ikatz@katzlaw net 12 a (BY MAIL) | am “readily familiar" with the firm's practice of collection and pro ng 13 2 correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Santa Barbara, California 14 in the ordinary course of business. Iam aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date 1s more than 0 ne day 15 afier date of deposit for mailing in affidavit. 16 x (BY ELECTRONIC MAIL) On March 9, 2017, | served the above-described document(s) on the interested parties in this action by electronic email from email _ address skim@MishoLaw.com. | caused said transmission to be sent by email to the 7 email addresses listed above from my computer maintained by Misho Law Group. 18 ‘The email transmission was reported as complete and without error. 19 Q (BY PERSONAL SERVICE) | caused said document(s) to