Preview
e “go MINI a
*5818632*
Matthew J. Webb, State Bar #148228
Yvette
LAW
M: Davis,
OFFICES
State
OF
Bar
MATTHEW
#221247
J. WEBB FILED
ALAMEDA COUNTY
409 13" Street, 17" Floor
Oakland, California 94612 AUG 3 1 2007
Telephone: (510) 444-4224
CLERK OF T iOR COURT
Attorney for Plaintiff,
By Deputy
Velma Sonny Sonia.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ALAMEDA
UNLIMITED JURISDICTION
10
11 VELMA SONNY-SONIA, a.k.a. VELMA ) Case No. RG06279317 -
12
SONNY, )
)
13
Plaintiff, ) PLAINTIFF VELMA SONNY-
) SONIA’S DECLARATION IN
14
v. ) SUPPORT OF OPPOSITION TO
) MOTION FOR SUMMARY
15
THE MICHAEL BLUMENFELD LAW ) JUDGMENT
CORPORATION, MICHAEL JOEL )
16
BLUMENFELD a Professional Corporation, ) Date: September 14, 2007
MICHAEL JOEL BLUMENFELD, ) Time: 9:00
deceased, and DOES 1 through 50, inclusive, ) Dept.: 520
17 )
18
Defendants. )
/ )
19 I, Velma Sonny-Sonia, declare as follows:
20 1. I am the plaintiff in this case and have personal knowledge of the following facts
21
and could if called, testify competently thereto.
22
2. In early 2001, Iretained defendant Michael J.Blumenfeld (“Blumenfeld”) to file
23
a Chapter 13 bankruptcy petition on my behalf and to litigate an adversarial proceeding
24
against Mark and Clifton Wainwright.
25
26
27 PLAINTIFF VELMA SONNY-SONIA’S
DECLARATION IN SUPPORT OF OPPOSITION
TO MOTION FOR SUMMARY JUDGMENT —
28
3. On or about May 9, 2001, Blumenfeld filed an adversarial proceeding in
bankruptcy court against Mark and Clifton Wainwright on behalf of Plaintiff
4. Defendant Blumenfeld, failed to file and record a Lis Pendens, thereby giving
public notice of the proceeding, when the complaint was filed on May 9, 2001, or any
time subsequent to filing the complaint.
5. The complaint was served on or about May 25, 2001. That same day, Mark
Wainwright assigned his alleged interest in the promissory note and deed of trust to John
Lone Eagle. Adversarial Hearing Docket No. 1, attached as Exhibit “D” to Plaintiff s
Request for Judicial Notice.
10
6. On February 14, 2002, Lone Eagle filed a proof of claim, however, Defendants
11
did not file an objection to the claim.
12
7. On February 22, 2002, Judge Newsome entered a default against Mark
13
Wainwright, which in effect ordered that the Note was null and void due to fraud.
14
15 Adversarial Hearing Docket No. 6, attached as Exhibit “D” to Plaintiffs Request for
16 Judicial Notice.
17 8. In April 2002, Lone Eagle sought to intervene to answer the Complaint, claiming
18 he was unaware of the judgment declaring the note null and void. Adversarial Hearing
19 Docket No. 7, attached as Exhibit “D” to Plaintiffs Request for Judicial Notice.
20
9. In May 2002, the Trustee Martha Bronitsky notified Blumenfeld that the
21
transmittal of the Lone Eagle Proof of Claim had been processed and that the Trustee
22
would begin to pay the claim in 90 days.
23
24
25
26
27 PLAINTIFF VELMA SONNY-SONIA’S
DECLARATION IN SUPPORT OF OPPOSITION
TO MOTION FOR SUMMARY JUDGMENT
28
10. Blumenfeld wrote a letter to the court of June 14, 2002 stating his belief that no
further action need occur with regard to the application to intervene “in light of the fact
that a judgment has been entered.”
11. In June 2002, I submitted an Application to Dismiss Chapter 13 Bankruptcy Case —
Without Prejudice, upon the advice of Defendants, but retained Defendants should any
other matters arise in relation to the Bankruptcy. Bankruptcy Hearing, Docket No. 20,
attached as Exhibit “B” to Plaintiff's Request for Judicial Notice.
12. ‘InJuly 2002, Ipaid Defendants $20,000 as a deposit to act on my behalf should
Lone Eagle take any action.
10
13. In November 2002, I received a copy of the Chapter 13 trustee’s final accounting
11
and became aware that over $2,700 had been paid to Lone Eagle. Objection was made as
12
this claim. The Court ordered that Iappear at an Order to Show Cause hearing as to why
13
default judgment should be enforced against Lone Eagle. Adversarial Hearing Docket
14
15 No. 8, attached as Exhibit “D” to Plaintiff's Request for Judicial Notice. At the hearing
16 the judge encouraged Lone Eagle to file a motion to set aside the default.
17 14. Asof March 2003, Lone Eagle had not filed a motion to set aide the default. I
18 therefore requested the $20,000 initial deposit I had paid to Defendants to be returned to
19 me until Lone Eagle took any action. Defendants returned approximately $6,000 to me. I,
20 however, did not terminate Defendants representation in regard to my Bankruptcy matter.
21
Nor did Defendants request to withdraw from my Bankruptcy case. Defendants continued
22
to represent me, and remained my attorney of record for the bankruptoy proceeding.
23
Bankruptcy Hearing, Attorney of Record, ,attached as Exhibit “A” to Plaintiff's Request
24
for Judicial Notice.
25
26
27 PLAINTIFF VELMA SONNY-SONIA’S
DECLARATION IN SUPPORT OF OPPOSITION
TO MOTION FOR SUMMARY JUDGMENT
28
@ | @
15. | On March 18, 2003, Lone Eagle filed a Motion to Set Aside Judgment Order.
Adversarial Hearing Docket No. 13, attached as Exhibit “D” to Plaintiff's Request for
Judicial Notice.
16. On May 19, 2003, counsel Matthew J. Webb substituted into the case, to represent
me only in regard to the adversarial proceeding against the Wainwrights. Adversarial
Hearing Docket No. 24, attached as Exhibit “D” to Plaintiff's Request for Judicial Notice.
17. On July 23, 2003, trial was set in regard to the adversarial proceeding, to take
place on November 23, 2003. Adversarial Hearing Docket No. 28, attached as Exhibit
“D” to Plaintiffs Request for Judicial Notice. Lone Eagle however, requested numerous
10
continuances of the trial due to medical reasons. The trial was continued from November
1
23, 2003, and was last set for March 15, 2005. During that time, no action was taken in
12
regard to Lone Eagle because we were awaiting trial.However, Lone Eagle transferred
13
his interest to Thomas Elliot and Jasbir Brar on February 5, 2004, without informing me
14
15 or the Court. Lone Eagle in fact failed to state in his Declaration or Requests for
16 continuances any transfer of his interest to any other party, the last one of which was
17 made in March 8, 2005S.
18 18. On April 18, 2005, an assignment of claim was filed with Bankruptcy Court by
19 Lone Eagle to, Thomas Elliot. Bankruptcy Hearing Docket No. 42, attached as Exhibit
20 “B” to Plaintiff's Request for Judicial Notce.
21
19, The Bankruptcy was closed on April 26, 2005, and adversarial proceeding on
22
June 16, 2005. Bankruptcy Hearing Docket Nos. (no numbers assigned), and attached as
23
Exhibit “B” to Plaintiff's Request for Judicial Notice. I therefore believe that all claims
24
regarding the Lone Eagle Promissory Note and Deed of Trust had been resolved at that
25
26
27 PLAINTIFF VELMA SONNY-SONIA’S
DECLARATION IN SUPPORT OF OPPOSITION
28 TO MOTION FOR SUMMARY JUDGMENT
Fm:VSONNY SONIA To:Ms.
YvetteDavis.
Esq.LawOffice
of Matthew
We(15104444223) 18:05
08/31/07GMT-5:00
Pg 03-03
@ | @
time.However,in May 2006,I received
aNoticeof Default
from Elliot
andBrar,and
contactedMr.Webb tofile
a complaint
on my behalftoresolve
thismatter.
20. On oraboutMay 15,2006,I received
aletter
fromMichael Blumenfeld,a
Professional
Corporation,
stating
thatMr.Blumenfeldpassedaway, that
the office
would
beclosing.andrequestedthat
she pickupherfile.
AttachedheretoasExhibit“A”isa
trueandcorrectcopyofsaidletter.
On oraboutJune2,2007,T pickedupmy files,
and
signedadocument, underpenalty
of perjury,
confirming
Thad pickedup thefiles,
and
that| “hereby
discharge[s]
MichaelJ.Blumenfeldand theLaw Offices
of Michael
Blumenteld,APC as my legal
representative
formy business
and bankruptcymatters.”
AttachedheretoasExhibit“B”isa true
and correct
copy ofsaiddocument. [alsosigned
aNotice of Substitution
of Attorney.
datedJune2,2006, whichstated
that“Debtor
Velma Sonny Sonia(“Sonia”)herebysubstitutes
herself,
inpropria
personaas her
attorneys
of record
herein.
Heretofore,
Sonia hasbeenrepresented
by MichaelJ.
Blumenfeld of MICHAEL J.
BLUMENFELD, A PROFESSIONAL
CORPORATION in this
case.”Attachedhereto
as Exhibit
“C” isatrueandcorrectcopy
ofsaidSubstitution.
The substitution
of attorney
was filed
onJune 2,2006,
I declare
underpenaltyofperjury
pursuanttothelawsof theState
of California
thattheforegoing
istrueandcorrectandthatthis
Declarationwasexecutedon August
31,2007 inOakland,California. ;
PLAINTIFF
VELMASONNY-SONIA'S
DECLARATIONIN SUPPORT
OFOPPOSITION
TOMOTION FORSUMMARY JUDGMENT
Fm:VSONNY SONIATo:Ms.Yvette
DavisEsq.(15104444223) 16:5508/30/07GMT-5:00
Pg 03-05
MICHAEL BLUMENFELD
A PROFESSIONAL CORP ORALION
ATTORNEYS: AT LAW
ONEKAISER
PLAZA . . we . . TELEPHONE.
(510) 465-0585
THEORDWAY
BUILDING
SUITE
1678 re . “FACSIMILE:
(S10) 448-8093
OAKLAND,
CALIFORNIA
94612 : . 2 te o., “e-mailmyblawGix.
neicam
com
May 15,
2006
ViaU.S.Mail a
Ms. Velma SonnySonta 3
342] Malcolm Avenue ;
Oakland,California
94605
Re: Debtor,Velma Sonny-Sonia
t&. BankruptcyCourt Chapter13Case No.01-41125 NG: Adv.Pro.01-4166AN
,
DearMs. Sonia:
We regret
toinformyou that
Mr. Blumenfeldhaspassedaway. Accordingly,hisoffice
willbeclosingassoonas practicable.
As such,youwillneedtomake arrangements
topick-up
yourfileassoonaspossible.We willnotbestoringanyunclaimedfiles.
These materials
willbe
helpful
to youintheeventthatyouneed toretain
anotherattomeyforthismatter.
All files
must
be picked-up
on orbeforeFriday,June 2,2006.Pleasecontactouroffice
upon receipt
of this
letter
tomake arrangementstopick-upyourfile. .
As always,if you
haveany questions
orconcems aboutthismatter,
pleasedo nothesitate
tocontactouroffice
immediately.
Sincerely,
_
MICHAEL BLUMENFELD
A Professional
Corporation
By: E.Reno Cross,
Paralegal
Fm:VSONNY SONIA To:Ms.
YvetteDavis
Esq.(151 04444223) 16:55
08/30/07GMT-5:00
Pg 05-05
@ ®@
MICHAEL BLUMENFELD
A PROFESSITGNAL CORPORATION
ATTORNEYS AT LAW
ONEKAISER
PLAZA TELEPHONE:
(519) 465-0555
THE
OROWAYBUILGING
SUITE
1675 FACSIMILE:
(810)
466-8693
CAKLAND,
CALIFORNIA
94612 e@-mail.
miblaw@ix.netcam.com
May 17,
2006"
ViaHand Delivery
Ms. Velma Sonny Sonia
3421 Malcolm Avenue
Oakland,California
94605
Re: Debtor,Velma Sonny-Sonia
OS. BankrupteyCourt Chapter13Gase No, G1-42125NG; Adv.Pro, 01-41664N
Dear Ms.Sonia:
Thisletter
willconfirmthatperyourrequest
we have prepared
a copyof yourfiles,
which
includes
any original
documents,evidenceanda copyofallotherdocuments,foryourrecords.
By signingbelowyou areindicating
thatyou havereceivedandareinprocessionofthese
documents.
Sincerely,
MICHAEL BLUMENFELD
A Professional
Corpokation
a :
Pe
By:E. Reno Cross
1, VELMA SONNY SONIA, herebydischargeMichaelJ.Blumenfeldand theLaw
Officesof Michael
Blumenfeld,APC asmy legal
representative
for
my business
and bankruptcy-
related
matters.
[ havereceived
and I aminpossessionof the
above-mentionedfiles
and [have-
receivedafinal
accountingof mylegal fees
relatingto
thesematters.I declare
undecpenalty
of
perjury
under thelawsoftheStateof California
thattheforegoing
is tryed cottect,
bei Soh Soni
ef Fa
eee
Fm:VSONNY SONIA To:Ms.
YvetteDavis
Esq.(15104444223) 16:55
08/30/07GMT-5:00
Pg 04-05
1) CherylP.Martinson,SBN 104678
MICHAEL BLUMENFELD
A Professional
Corporation
we
One KaiserPlaza
The Ordway Buitding,
Suite1675
wes
Oakland,California
94612 —3699
Telephone: (510)465 —0595
Facsimile: — (510)465— 8093
ae
6 || Attorney
forDebtor
VELMA SONNY SONIA
8 INTHE UNITED STATES BANKRUPTCY COURT
9 NORTHERN DISTRICT OF CALIFORNIA
10 OAKLAND DIVISION
119 Inre Chapter13
12|| VELMA SONNY SONIA, Case No. 0141125 NG
13 Debtor. Adv. Pro.O1-4166AN
i 4 NOTICE OF
1s SUBSTITUTION OF ATTORNEY
16
17
TO: ThisHonorableCourt;Debtorand its
attorneys
of record
herein;andto alt
otherpersons
. who havean interest
in these
proceedings:PLEASE TAKE NOTICE thatDebtorVelma Sonny
20 Sonia(“Sonia”)
herebysubstitutes
herself,
in propria
personaas herattorneys
of record
herein.
a Heretofore,
Soniahasbeen represented
byMichael J.Blamenfeldof MICHAEL BLUMENFELD, A
9 || Professional
Corporation
in this
case.Allpapersand other
communication concerningthis
case
33] should beserved
upon Sonia:Velma Sonny Sonia,
3421 |
Malcolm “pene, Onan. Califomia
Is
94605,(510) 636-0364 eof
Ww
a
a a oy
25 I consent
tothissubstifution.3 va / ——
26|| Dated:
June2, 2006 A Fa
| 27 Accepted: foe
28
THA
-..AProfessional
ee
By:CherylP. Martinsen
PROOF OF SERVICE BY MAIL
C.C.P. 1013a, 2015.5
I declare that:
I am employed in the County of Alameda, California. I am over the age of
eighteen years and not a party to the within cause; my business address is 409 13th Street,
17th Floor, Oakland, CA 94612. I am readily familiar with this Firm's practice for
collection and processing of correspondence/ documents for mailing, by firstclass with
postage fully prepaid thereon, with the United States Postal Service and that said
correspondence/documents are deposited with the United States Postal Service in the
ordinary course of business on the same day.
On August 31, 2007, Iserved:
PLAINTIFF VELMA SONNY-SONIA’S DECLARATION IN SUPPORT
OF OPPOSTION TO MOTION FOR SUMMARY JUDGEMENT
on allparties in said cause by enclosing a true copy thereof in a sealed envelope and,
following ordinary business practices, said envelope was placed for mailing and
collection (in the offices of LAW OFFICES OF MATTHEW J.WEBB) in the
appropriate place for mail collected for deposit with the United States Postal Service on
the above date:
Russell S. Roeca
Roeca, Haas, Hager LLP
180 Sutter Street, Suite 200
San Francisco, CA 94104
I declare under penalty of perjury that the foregoing istrue and correct and that
this declaration was executed on August 31, 2007, at Oakland, California.
Amelia Dang oi
Preview
e “go MINI a *5818632* Matthew J. Webb, State Bar #148228 Yvette LAW M: Davis, OFFICES State OF Bar MATTHEW #221247 J. WEBB FILED ALAMEDA COUNTY 409 13" Street, 17" Floor Oakland, California 94612 AUG 3 1 2007 Telephone: (510) 444-4224 CLERK OF T iOR COURT Attorney for Plaintiff, By Deputy Velma Sonny Sonia. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ALAMEDA UNLIMITED JURISDICTION 10 11 VELMA SONNY-SONIA, a.k.a. VELMA ) Case No. RG06279317 - 12 SONNY, ) ) 13 Plaintiff, ) PLAINTIFF VELMA SONNY- ) SONIA’S DECLARATION IN 14 v. ) SUPPORT OF OPPOSITION TO ) MOTION FOR SUMMARY 15 THE MICHAEL BLUMENFELD LAW ) JUDGMENT CORPORATION, MICHAEL JOEL ) 16 BLUMENFELD a Professional Corporation, ) Date: September 14, 2007 MICHAEL JOEL BLUMENFELD, ) Time: 9:00 deceased, and DOES 1 through 50, inclusive, ) Dept.: 520 17 ) 18 Defendants. ) / ) 19 I, Velma Sonny-Sonia, declare as follows: 20 1. I am the plaintiff in this case and have personal knowledge of the following facts 21 and could if called, testify competently thereto. 22 2. In early 2001, Iretained defendant Michael J.Blumenfeld (“Blumenfeld”) to file 23 a Chapter 13 bankruptcy petition on my behalf and to litigate an adversarial proceeding 24 against Mark and Clifton Wainwright. 25 26 27 PLAINTIFF VELMA SONNY-SONIA’S DECLARATION IN SUPPORT OF OPPOSITION TO MOTION FOR SUMMARY JUDGMENT — 28 3. On or about May 9, 2001, Blumenfeld filed an adversarial proceeding in bankruptcy court against Mark and Clifton Wainwright on behalf of Plaintiff 4. Defendant Blumenfeld, failed to file and record a Lis Pendens, thereby giving public notice of the proceeding, when the complaint was filed on May 9, 2001, or any time subsequent to filing the complaint. 5. The complaint was served on or about May 25, 2001. That same day, Mark Wainwright assigned his alleged interest in the promissory note and deed of trust to John Lone Eagle. Adversarial Hearing Docket No. 1, attached as Exhibit “D” to Plaintiff s Request for Judicial Notice. 10 6. On February 14, 2002, Lone Eagle filed a proof of claim, however, Defendants 11 did not file an objection to the claim. 12 7. On February 22, 2002, Judge Newsome entered a default against Mark 13 Wainwright, which in effect ordered that the Note was null and void due to fraud. 14 15 Adversarial Hearing Docket No. 6, attached as Exhibit “D” to Plaintiffs Request for 16 Judicial Notice. 17 8. In April 2002, Lone Eagle sought to intervene to answer the Complaint, claiming 18 he was unaware of the judgment declaring the note null and void. Adversarial Hearing 19 Docket No. 7, attached as Exhibit “D” to Plaintiffs Request for Judicial Notice. 20 9. In May 2002, the Trustee Martha Bronitsky notified Blumenfeld that the 21 transmittal of the Lone Eagle Proof of Claim had been processed and that the Trustee 22 would begin to pay the claim in 90 days. 23 24 25 26 27 PLAINTIFF VELMA SONNY-SONIA’S DECLARATION IN SUPPORT OF OPPOSITION TO MOTION FOR SUMMARY JUDGMENT 28 10. Blumenfeld wrote a letter to the court of June 14, 2002 stating his belief that no further action need occur with regard to the application to intervene “in light of the fact that a judgment has been entered.” 11. In June 2002, I submitted an Application to Dismiss Chapter 13 Bankruptcy Case — Without Prejudice, upon the advice of Defendants, but retained Defendants should any other matters arise in relation to the Bankruptcy. Bankruptcy Hearing, Docket No. 20, attached as Exhibit “B” to Plaintiff's Request for Judicial Notice. 12. ‘InJuly 2002, Ipaid Defendants $20,000 as a deposit to act on my behalf should Lone Eagle take any action. 10 13. In November 2002, I received a copy of the Chapter 13 trustee’s final accounting 11 and became aware that over $2,700 had been paid to Lone Eagle. Objection was made as 12 this claim. The Court ordered that Iappear at an Order to Show Cause hearing as to why 13 default judgment should be enforced against Lone Eagle. Adversarial Hearing Docket 14 15 No. 8, attached as Exhibit “D” to Plaintiff's Request for Judicial Notice. At the hearing 16 the judge encouraged Lone Eagle to file a motion to set aside the default. 17 14. Asof March 2003, Lone Eagle had not filed a motion to set aide the default. I 18 therefore requested the $20,000 initial deposit I had paid to Defendants to be returned to 19 me until Lone Eagle took any action. Defendants returned approximately $6,000 to me. I, 20 however, did not terminate Defendants representation in regard to my Bankruptcy matter. 21 Nor did Defendants request to withdraw from my Bankruptcy case. Defendants continued 22 to represent me, and remained my attorney of record for the bankruptoy proceeding. 23 Bankruptcy Hearing, Attorney of Record, ,attached as Exhibit “A” to Plaintiff's Request 24 for Judicial Notice. 25 26 27 PLAINTIFF VELMA SONNY-SONIA’S DECLARATION IN SUPPORT OF OPPOSITION TO MOTION FOR SUMMARY JUDGMENT 28 @ | @ 15. | On March 18, 2003, Lone Eagle filed a Motion to Set Aside Judgment Order. Adversarial Hearing Docket No. 13, attached as Exhibit “D” to Plaintiff's Request for Judicial Notice. 16. On May 19, 2003, counsel Matthew J. Webb substituted into the case, to represent me only in regard to the adversarial proceeding against the Wainwrights. Adversarial Hearing Docket No. 24, attached as Exhibit “D” to Plaintiff's Request for Judicial Notice. 17. On July 23, 2003, trial was set in regard to the adversarial proceeding, to take place on November 23, 2003. Adversarial Hearing Docket No. 28, attached as Exhibit “D” to Plaintiffs Request for Judicial Notice. Lone Eagle however, requested numerous 10 continuances of the trial due to medical reasons. The trial was continued from November 1 23, 2003, and was last set for March 15, 2005. During that time, no action was taken in 12 regard to Lone Eagle because we were awaiting trial.However, Lone Eagle transferred 13 his interest to Thomas Elliot and Jasbir Brar on February 5, 2004, without informing me 14 15 or the Court. Lone Eagle in fact failed to state in his Declaration or Requests for 16 continuances any transfer of his interest to any other party, the last one of which was 17 made in March 8, 2005S. 18 18. On April 18, 2005, an assignment of claim was filed with Bankruptcy Court by 19 Lone Eagle to, Thomas Elliot. Bankruptcy Hearing Docket No. 42, attached as Exhibit 20 “B” to Plaintiff's Request for Judicial Notce. 21 19, The Bankruptcy was closed on April 26, 2005, and adversarial proceeding on 22 June 16, 2005. Bankruptcy Hearing Docket Nos. (no numbers assigned), and attached as 23 Exhibit “B” to Plaintiff's Request for Judicial Notice. I therefore believe that all claims 24 regarding the Lone Eagle Promissory Note and Deed of Trust had been resolved at that 25 26 27 PLAINTIFF VELMA SONNY-SONIA’S DECLARATION IN SUPPORT OF OPPOSITION 28 TO MOTION FOR SUMMARY JUDGMENT Fm:VSONNY SONIA To:Ms. YvetteDavis. Esq.LawOffice of Matthew We(15104444223) 18:05 08/31/07GMT-5:00 Pg 03-03 @ | @ time.However,in May 2006,I received aNoticeof Default from Elliot andBrar,and contactedMr.Webb tofile a complaint on my behalftoresolve thismatter. 20. On oraboutMay 15,2006,I received aletter fromMichael Blumenfeld,a Professional Corporation, stating thatMr.Blumenfeldpassedaway, that the office would beclosing.andrequestedthat she pickupherfile. AttachedheretoasExhibit“A”isa trueandcorrectcopyofsaidletter. On oraboutJune2,2007,T pickedupmy files, and signedadocument, underpenalty of perjury, confirming Thad pickedup thefiles, and that| “hereby discharge[s] MichaelJ.Blumenfeldand theLaw Offices of Michael Blumenteld,APC as my legal representative formy business and bankruptcymatters.” AttachedheretoasExhibit“B”isa true and correct copy ofsaiddocument. [alsosigned aNotice of Substitution of Attorney. datedJune2,2006, whichstated that“Debtor Velma Sonny Sonia(“Sonia”)herebysubstitutes herself, inpropria personaas her attorneys of record herein. Heretofore, Sonia hasbeenrepresented by MichaelJ. Blumenfeld of MICHAEL J. BLUMENFELD, A PROFESSIONAL CORPORATION in this case.”Attachedhereto as Exhibit “C” isatrueandcorrectcopy ofsaidSubstitution. The substitution of attorney was filed onJune 2,2006, I declare underpenaltyofperjury pursuanttothelawsof theState of California thattheforegoing istrueandcorrectandthatthis Declarationwasexecutedon August 31,2007 inOakland,California. ; PLAINTIFF VELMASONNY-SONIA'S DECLARATIONIN SUPPORT OFOPPOSITION TOMOTION FORSUMMARY JUDGMENT Fm:VSONNY SONIATo:Ms.Yvette DavisEsq.(15104444223) 16:5508/30/07GMT-5:00 Pg 03-05 MICHAEL BLUMENFELD A PROFESSIONAL CORP ORALION ATTORNEYS: AT LAW ONEKAISER PLAZA . . we . . TELEPHONE. (510) 465-0585 THEORDWAY BUILDING SUITE 1678 re . “FACSIMILE: (S10) 448-8093 OAKLAND, CALIFORNIA 94612 : . 2 te o., “e-mailmyblawGix. neicam com May 15, 2006 ViaU.S.Mail a Ms. Velma SonnySonta 3 342] Malcolm Avenue ; Oakland,California 94605 Re: Debtor,Velma Sonny-Sonia t&. BankruptcyCourt Chapter13Case No.01-41125 NG: Adv.Pro.01-4166AN , DearMs. Sonia: We regret toinformyou that Mr. Blumenfeldhaspassedaway. Accordingly,hisoffice willbeclosingassoonas practicable. As such,youwillneedtomake arrangements topick-up yourfileassoonaspossible.We willnotbestoringanyunclaimedfiles. These materials willbe helpful to youintheeventthatyouneed toretain anotherattomeyforthismatter. All files must be picked-up on orbeforeFriday,June 2,2006.Pleasecontactouroffice upon receipt of this letter tomake arrangementstopick-upyourfile. . As always,if you haveany questions orconcems aboutthismatter, pleasedo nothesitate tocontactouroffice immediately. Sincerely, _ MICHAEL BLUMENFELD A Professional Corporation By: E.Reno Cross, Paralegal Fm:VSONNY SONIA To:Ms. YvetteDavis Esq.(151 04444223) 16:55 08/30/07GMT-5:00 Pg 05-05 @ ®@ MICHAEL BLUMENFELD A PROFESSITGNAL CORPORATION ATTORNEYS AT LAW ONEKAISER PLAZA TELEPHONE: (519) 465-0555 THE OROWAYBUILGING SUITE 1675 FACSIMILE: (810) 466-8693 CAKLAND, CALIFORNIA 94612 e@-mail. miblaw@ix.netcam.com May 17, 2006" ViaHand Delivery Ms. Velma Sonny Sonia 3421 Malcolm Avenue Oakland,California 94605 Re: Debtor,Velma Sonny-Sonia OS. BankrupteyCourt Chapter13Gase No, G1-42125NG; Adv.Pro, 01-41664N Dear Ms.Sonia: Thisletter willconfirmthatperyourrequest we have prepared a copyof yourfiles, which includes any original documents,evidenceanda copyofallotherdocuments,foryourrecords. By signingbelowyou areindicating thatyou havereceivedandareinprocessionofthese documents. Sincerely, MICHAEL BLUMENFELD A Professional Corpokation a : Pe By:E. Reno Cross 1, VELMA SONNY SONIA, herebydischargeMichaelJ.Blumenfeldand theLaw Officesof Michael Blumenfeld,APC asmy legal representative for my business and bankruptcy- related matters. [ havereceived and I aminpossessionof the above-mentionedfiles and [have- receivedafinal accountingof mylegal fees relatingto thesematters.I declare undecpenalty of perjury under thelawsoftheStateof California thattheforegoing is tryed cottect, bei Soh Soni ef Fa eee Fm:VSONNY SONIA To:Ms. YvetteDavis Esq.(15104444223) 16:55 08/30/07GMT-5:00 Pg 04-05 1) CherylP.Martinson,SBN 104678 MICHAEL BLUMENFELD A Professional Corporation we One KaiserPlaza The Ordway Buitding, Suite1675 wes Oakland,California 94612 —3699 Telephone: (510)465 —0595 Facsimile: — (510)465— 8093 ae 6 || Attorney forDebtor VELMA SONNY SONIA 8 INTHE UNITED STATES BANKRUPTCY COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 119 Inre Chapter13 12|| VELMA SONNY SONIA, Case No. 0141125 NG 13 Debtor. Adv. Pro.O1-4166AN i 4 NOTICE OF 1s SUBSTITUTION OF ATTORNEY 16 17 TO: ThisHonorableCourt;Debtorand its attorneys of record herein;andto alt otherpersons . who havean interest in these proceedings:PLEASE TAKE NOTICE thatDebtorVelma Sonny 20 Sonia(“Sonia”) herebysubstitutes herself, in propria personaas herattorneys of record herein. a Heretofore, Soniahasbeen represented byMichael J.Blamenfeldof MICHAEL BLUMENFELD, A 9 || Professional Corporation in this case.Allpapersand other communication concerningthis case 33] should beserved upon Sonia:Velma Sonny Sonia, 3421 | Malcolm “pene, Onan. Califomia Is 94605,(510) 636-0364 eof Ww a a a oy 25 I consent tothissubstifution.3 va / —— 26|| Dated: June2, 2006 A Fa | 27 Accepted: foe 28 THA -..AProfessional ee By:CherylP. Martinsen PROOF OF SERVICE BY MAIL C.C.P. 1013a, 2015.5 I declare that: I am employed in the County of Alameda, California. I am over the age of eighteen years and not a party to the within cause; my business address is 409 13th Street, 17th Floor, Oakland, CA 94612. I am readily familiar with this Firm's practice for collection and processing of correspondence/ documents for mailing, by firstclass with postage fully prepaid thereon, with the United States Postal Service and that said correspondence/documents are deposited with the United States Postal Service in the ordinary course of business on the same day. On August 31, 2007, Iserved: PLAINTIFF VELMA SONNY-SONIA’S DECLARATION IN SUPPORT OF OPPOSTION TO MOTION FOR SUMMARY JUDGEMENT on allparties in said cause by enclosing a true copy thereof in a sealed envelope and, following ordinary business practices, said envelope was placed for mailing and collection (in the offices of LAW OFFICES OF MATTHEW J.WEBB) in the appropriate place for mail collected for deposit with the United States Postal Service on the above date: Russell S. Roeca Roeca, Haas, Hager LLP 180 Sutter Street, Suite 200 San Francisco, CA 94104 I declare under penalty of perjury that the foregoing istrue and correct and that this declaration was executed on August 31, 2007, at Oakland, California. Amelia Dang oi