Preview
WONT UNI
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Feb-03-2012 3:37 pm
Case Number: CGC-07-463799
Filing Date: Feb-03-2012 3:36
Juke Box: 001 Image: 03481474
DECLARATION OF
CHRISTINA M SAGONOWSKY VS. CURTIS KEKOA et al
001003481474
Instructions:
Please place this sheet on top of the document to be scanned.Bradley R. White, Esq. SB#142467
Law Offices of Bradley R. White
1757 Larkin Street
San Francisco, CA 94109
(510) 219-5831
Fax (415) 563-4654
Attorneys for Plaintiff
Christina M. Sagonowsky individually
and as executor for the Estates of Leocadia
Maria Sagonowsky and Stefan M. Mrozowski
Paar
oun oS tf Caitomig a
ne
in sen
FER 03 Pita
Cc
CLERK OF THe Coury
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
CHRISTINA M. SAGONOWSKY, individually
and as Executor of the Estate of LEOCADIA
MARIA SAGONOWSKY; and as Executor of
the Estate of STEFAN M. MROZOWSKI,
Plaintiffs,
v.
CURTIS KEKOA, JR.,; GRANT O. ADAMS;
ROBERT LAVERSIN, AMERICAN
BUSINESS APPRAISERS, LLP, an entity; and
DOES 1 through 50, inclusive,
Case No. CGC-07-463799
DECLARATION OF BRADLEY R. WHITE
IN SUPPORT OF PLAINTIFF CHRISTINA
SAGONOWSKY’S SUR REPLY IN
OPPOSITION TO DEFENDANT CURTIS
KEKOA, JR.’S MOTION TO COMPEL
ACKNOWLEDGEMENT OF
SATISFACTION OF JUDGMENT AND IN
SUPPORT OF PLAINTIFF’S REQUEST FOR
ATTORNEY'S FEES AGAINST CURTIS
KEKOA, JR.
Defendants. Date: February 8, 2012
Dept.: 302
Time: 9:00 A.M.
Judge: Harold E, Kahn
Trial Date: None
1
DECLARATION OF BRADLEY R. WHITE IN SUPPORT OF SUR REPLY
TWHNISTHD
FUWISOVA Ad1, Bradley R. White, declare as follows:
1. 1am an attorney at law and am duly licensed to practice before all of the Courts of the State
of California and am the attorney of record for Plaintiff Christina M. Sagonowsky, individually and as
executor the estates of Leocadia Sagonowsky and Stephan Mrozowski herein.
2. I have personal knowledge of the facts stated herein, and, if called as a witness, | could and
would competently testify thereto.
3. Attached hereto as Exhibit U is a true and correct copy of a an email dated September 8,
2011 that I received from Defendant Curtis Kekoa, Jr.’s attorney in this action, Alan Martini, Esq.
together with the attachment to that email, which is entitled “Settlement Agreement and Release”.
4. Attached hereto as Exhibit X is a true and correct copy of a declaration signed by Curtis
Kekoa, Jr. dated October 28, 2011, which was filed in the case entitled, Cantrell v. Sagonowsky, San
Francisco Small Claims Court case number CSM 11-837984.
5. I too was present at Curtis Kekoa, Jr.’s deposition, which was commenced on October 13,
2011. During the lunch break, when Mr. Kekoa was not present, Alan Martini, Esq. was asked by Ms.
Sagonowsky when she would be receiving a draft of the mutual release and settlement agreement in
accordance with the terms of the CCP section 998 offer accepted by Defendant Kekoa as incorporated
into the October 7, 2011 judgment. Mr. Martini said that he was working on it and would speak to his
client about it but that he need more time since his client had moved to Hawaii and was starting a new
job. Attached hereto as Exhibit Y is a true and correct copy of a letter from Curtis Kekoa, Jr. to the
clerk in Division 5 of First District Court of Appeal, dated January 18, 2012.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on Feb 3, 2012.
By:
LEY R. WHITE, ESQ.
2
DECLARATION OF BRADLEY R. WHITE IN SUPPORT OF SUR REPLYFrom: Al Marini
Subject: Saganowsky v. Kekoa
Date: September 8, 2011 9:21:58 AM PDT
To: fe comcast. net>
1 Attachment, 293 KB
1 for the sattiament of the San Francisco Malicious Prosocution/Elder abuse/Slander, ete.
Acti x U ment Is Ingant on your agreement
(SZoMRue the motion to compe! Kekoa's daposition unti! | retum the first week of October. If the agreement Is signed, | will take the mation to
stay/dismisa the San Mateo Action off calendar. look forward to hearing tram you at your earliest convenience.
Mali
Bel
Alan Marini, Esq.
Sheuerman, Martini & Tabari
1033 Willow Streat
San Jose, Ca 95125
(408) 918-3703
i
CONFIDENTIALITY NOTICE: The contents contained in this ¢-mail transmission contain information from the jaw offices of Sheuerman, Martini & Tabari
which is confidential or privileged. The information is intended to be for the uss of the individual or entity named in this e-mait. If you are not the intended
recipient, be aware that any disclosure, copying, distribution or use of the contents of this email is STRICTLY PROHIBITED. f you have the received this
@-mail in error, piaase notify us by telephone immediately (408) 288-9700 or by e-mail, and destroy the origina! transmission and any attachments without
reading or saving it in any manners. Thank you.
—
a
SCANSEB4_O00.ndt(293.KB)
EXHIBIT USETTLEMENT AGREEMENT AND RELEASE
‘This Settlement Agreement and Release is made and entered into this__ day of
September 2011, by and among:
“Plaintiffs” | Christina M. SAGONOWSKY, individually and as Executor of the Estate
of LEOCADIA MARIA SAGONOWSKY; and as Executor of the Estate
of STEFAN M. MROZOWSKI
“Defendant” ~CURTIS KEKOA, JR.
RECITALS
A. Plaintiffs filed a complaint against CURTIS KEKOA, JR. (“Defendant”) in San
Francisco County Superior Court, State of California, Case No. 07 463799, (the “Complaint”),
which Complaint arose out of certain alleged acts or omissions by Defendant. In the Complaint,
Plaintiffs sought to recover monetary damages as a result of certain acts, omissions, or events
which occurred in the past. Plaintiffs alleged causes of action for malicious prosecution,
financial abuse of elders, accounting, breach of fiduciary duty, intentional misrepresentation,
common counts, constructive trust, slander, libel, fraudulent transfers, civil conspiracy, and
negligence, which Plaintiffs allege resulted in physical injuries, emotional distress, personal
injuries, and economic loss to Plaintiffs.
B. The parties desire to enter into this Settlement Agreement and Release in order to
provide for certain payments in full settlement and discharge of all claims which are, or might
have been, the subject matter of the Complaint, upon the terms and conditions set forth below.
AGREEMENT
The parties agree as follows:
1.0 RELEASE AND DISCHARGE
1.1 Inconsideration of the payments set forth in Section 2, Plaintiffs hereby
completely release and forever discharge Defendant from any and all past, present or future
claims, demands, obligations, actions, causes of action, wrongful death claims, rights, damages,
costs, losses of services, expenses and compensation of any nature whatsoever, whether based on
a tort, contract or other theory of recovery, which Plaintiffs now have, or which may hereafter
accrue or otherwise be acquired, on account of, or may in any way grow out of, or which are the
subject of the Complaint (and related pleadings) including, without limitation, any and all claims
for bodily and personal injuries, or economic loss to Plaintiffs, which have resulted or may result
from the alleged acts or omissions of Defendant.
ale1.2 Itis acknowledged that this Settlement Agreement does not constitute a settlement
of any other claims, and/or lawsuits against CURTIS KEKOA, JR. and/or his agents, including
without limitation, the claims and/or causes of action alleged in Christina Sagonowsky, et al. V.
Curtis Kekoa, Jr., et al., San Mateo County, Superior Court of Catifornia, Case No. CIV 501548;
Estate of Stefan Mrozowski, et al. v. Curtis Kekoa, Jr., San Francisco County, Superior Court of
California, Case No. CGC-10-506172; Estate of Stefan Mrozowski, et al. v. Curtis Kekoa, Jr.,
San Francisco County, Superior Court of California, Case No. CGC-11-507533; Christina M.
Sagonowsky v. Curtis Kekoa, Jr., San Francisco County, Superior Court of California, Case No.
CGC-11-507534; Christina Sagonowsky v. Curtis Kekoa, Jr., San Francisco County, Superior
Court of California, Case No. FDI 03-755091; Christina Sagonowsky v. Curtis Kekoa, Jr., First
District Court of Appeal Case No. A131207; and Christina Sagonowsky v. Curtis Kekoa, Jr.,
First District Court of Appeal Case No. A132801.
1.3 This release, on the part of Plaintiffs, shall be a fully binding and complete
settlement among Plaintiffs and Defendant, and their heirs, successors and assigns.
2.0 PAYMENTS
In consideration of the release set forth above, Defendant, by and through his insurer,
STATE FARM INSURANCE COMPANY, agrees to pay to CHRISTINA M. SAGONOWSKY,
the sum of Nine Thousand Nine Hundred Ninety-Nine Dollars ($9,999.00).
3.0 ATTORNEY'S FEES
Each party hereto shall bear all attorney's fees and costs arising from the actions of its
own counsel in connection with the Complaint, this Settlement Agreement and Release and the
matters and documents referred to herein, the filing of a Dismissal of the Complaint, and all
related matters.
40 DELIVERY OF DISMISSAL WITH PREJUDICE
Concurrently with the execution of this Settlement Agreement and Release, Plaintiffs
shall deliver to counsel for Defendant an executed Dismissal with prejudice of the First Amended
Complaint. Plaintiffs hereby authorize counsel for Defendant to file said Dismissal with the
Court and enter it as a matter of record.
5. WARRANTY OF CAPACITY TO EXECUTE AGREEMENT
Plaintiffs represent and warrant that no other person or entity has, or has had, any interest
in the claims, demands, obligations, or causes of action referred to in this Settlement Agreement
and Release, except as otherwise set forth herein; that Plaintiffs have the sole right and exclusive
authority to execute this Settlement Agreement and Release and receive the sums specified in it;
and that Plaintiffs have not sold, assigned, transferred, conveyed or otherwise disposed of any of
2the claims, demands, obligations or causes of action referred to in this Settlement Agreement and
Release,
6.0 GOVERNING LAW
This Settlement Agreement and Release shall be construed and interpreted in accordance
with the laws of the State of California.
7.0 ADDITIONAL DOCUMENTS
All parties agree to cooperate fully and execute any and all supplementary documents and
to take all additional actions which may be necessary or appropriate to give full force and effect
to the basic terms and intent of this Settlement Agreement and Release.
80 ENTIRE AGREEMENT AND SUCCESSORS IN INTEREST
This Settlement Agreement and Release contains the entire agreement between Plaintiffs
and Defendant with regard to the matters set forth in it and shall be binding upon and enure to the
benefit of the executors, administrators, personal representatives, heirs, successors and assigns of
each,
9.0 EFFECTIVENESS
This Settlement Agreement and Release shall become effective immediately following
execution of each of the parties.
CHRISTINA M. SAGONOWSKY, individually
CHRISTINA M. SAGONOWSKY as Executor
of the Estate of Leocadia Maria Sagonowsky
CHRISTINA M. SAGONOWSKY, as Executor
of the Estate of Stefan M. Mrozowski
CURTIS KEKOA, JR.Fram Corts Kekoa Fax: (877) 787-2839 Yo: J. Cantred Fax: +1 1416) 440-7672 Page 2 of 2 10/2011 1227
meena) se MC-030
ATTORNEY OR PARTY WITHOUT ATTORMEY jivara9, State Bar oumtor, ono eocres), ‘FOR COURT USE OMLY
‘TELEPHONE NO - FAX WO (Opeone.)
EAS ADORESE (Optana}.
ATTOANEY FOR (Ara)
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
sracer sone: 400 McAllister St
(MAILING ADORESS:
ervanoze cone: San Francisco, CA 94102
BRANCH NAME:
PLAINTIFFIPETTTIONER: Cantrell
JDEFENDANTIRESPONDENT: Sagonowsky
T
CASEMUMBER
DECLARATION CSM 11-837984
|, Curtis Kekoa Jr., declare as follows:
|, Tam the ex-husband of Defendant Christina Sagonowsky, the defendant is the instant small claims action.
2. On October 13, 2011, Ms, Sagonowsky attended my deposition (arising out of one ofa number of civil
lawsuits she has osTnal aT rare trial ed against me) at the offices of Aiken Welch Count ee in
ic way Buil at ser Fiaza, and, js je deposition was taken cr attorney a am
te.
informed and bdcli¢ve to er) Hance. Bradley
3. Said deposition itself lasted approximately 7 hours. Ms. Sagonowsky was there the entire time. She
ar heal Cause She ed with a cane) ai ert and Ve ntive to Gt TIES ==
= 18, — troe to time e a a = a written notes as = uastuct a = to a certain
Guestions/make certain remarks for the record,
4. Ms. Sagonowsky sat for most of the time but ] did not detect discomfort resulting from her siting for the
period of | Se TaaDato
1 declare under penalty of perjury under the iaws of the State of Califomie that the foregoing Is true and correct.
Date: October 28. 2011
tari Ceren hk
Curtis Kekoa Jr.
(TYPE OR PRINT PANES (SIGRATERE OF DECLARANT,
CJ attomey for CJ praintitt L) Petitioner 11 Defendant
(© Respondent (¥) other (Specity):
. Declarant
soa tars Sours. DECLARATION Pop tof
MC-Q00 Rev. Jenuary 1, 2006)
EXHIBIT xCurtis Kekoa, Jr.
P.O. Box 475744
San Francisco, CA 94147
(415) 251-5911
January 18, 2012
Dear Clerk, First Appellant District Court, Division 5,
Pursuant to your instructions and permission, lam writing this letter and
forwarding/faxing my (letter) opposition to request for an extension to file opening
brief by appellant Christina Sagonowsky, my ex-wife.
‘This letter regards appellate case no. A132801.
{communicated to the First Appellate District, Division 5, clerk, Vera, that lam on
the road on business away from my new residence onolulu, Hf) and unde
m parties in Tia Gat appellant na Sagonowsky, my ex-wife,
just filed a request for an extension to file her opening brief in the above case which
opening brief was due originally on January 17, 2012; to date, I have received no
correspondence from the appellant requesting said extension.
communicated to Vera that { feared the First Appellate District Court would not
receive my opposition timely If | were to first wait for appellant's correspondence to
arrive at my home in Hawaii, so lam faxing now an opposition [my opposition letter
dated January 13, 2012 (attached)].
The originals of this cover letter and opposition letter are forthcoming as is the
proof of service therefor.
Notably, appellant's attorney, Bradley White, was Priority Mailed and faxed a copy
of my opposition letter already — on January 13, 2012 - days before appellant's
attorney filed his request for an extension to file appellant’s opening brief.
References in my opposition letter to “first appeal”, “second appeal” and “third
appeal” refer to First Appellate District Court cases A131207, A132801 and
A133697, respectively.
Sincerely,
Curtis Kekoa Jr.
EXHIBIT y
Preview
WONT UNI SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Feb-03-2012 3:37 pm Case Number: CGC-07-463799 Filing Date: Feb-03-2012 3:36 Juke Box: 001 Image: 03481474 DECLARATION OF CHRISTINA M SAGONOWSKY VS. CURTIS KEKOA et al 001003481474 Instructions: Please place this sheet on top of the document to be scanned.Bradley R. White, Esq. SB#142467 Law Offices of Bradley R. White 1757 Larkin Street San Francisco, CA 94109 (510) 219-5831 Fax (415) 563-4654 Attorneys for Plaintiff Christina M. Sagonowsky individually and as executor for the Estates of Leocadia Maria Sagonowsky and Stefan M. Mrozowski Paar oun oS tf Caitomig a ne in sen FER 03 Pita Cc CLERK OF THe Coury Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION CHRISTINA M. SAGONOWSKY, individually and as Executor of the Estate of LEOCADIA MARIA SAGONOWSKY; and as Executor of the Estate of STEFAN M. MROZOWSKI, Plaintiffs, v. CURTIS KEKOA, JR.,; GRANT O. ADAMS; ROBERT LAVERSIN, AMERICAN BUSINESS APPRAISERS, LLP, an entity; and DOES 1 through 50, inclusive, Case No. CGC-07-463799 DECLARATION OF BRADLEY R. WHITE IN SUPPORT OF PLAINTIFF CHRISTINA SAGONOWSKY’S SUR REPLY IN OPPOSITION TO DEFENDANT CURTIS KEKOA, JR.’S MOTION TO COMPEL ACKNOWLEDGEMENT OF SATISFACTION OF JUDGMENT AND IN SUPPORT OF PLAINTIFF’S REQUEST FOR ATTORNEY'S FEES AGAINST CURTIS KEKOA, JR. Defendants. Date: February 8, 2012 Dept.: 302 Time: 9:00 A.M. Judge: Harold E, Kahn Trial Date: None 1 DECLARATION OF BRADLEY R. WHITE IN SUPPORT OF SUR REPLY TWHNISTHD FUWISOVA Ad1, Bradley R. White, declare as follows: 1. 1am an attorney at law and am duly licensed to practice before all of the Courts of the State of California and am the attorney of record for Plaintiff Christina M. Sagonowsky, individually and as executor the estates of Leocadia Sagonowsky and Stephan Mrozowski herein. 2. I have personal knowledge of the facts stated herein, and, if called as a witness, | could and would competently testify thereto. 3. Attached hereto as Exhibit U is a true and correct copy of a an email dated September 8, 2011 that I received from Defendant Curtis Kekoa, Jr.’s attorney in this action, Alan Martini, Esq. together with the attachment to that email, which is entitled “Settlement Agreement and Release”. 4. Attached hereto as Exhibit X is a true and correct copy of a declaration signed by Curtis Kekoa, Jr. dated October 28, 2011, which was filed in the case entitled, Cantrell v. Sagonowsky, San Francisco Small Claims Court case number CSM 11-837984. 5. I too was present at Curtis Kekoa, Jr.’s deposition, which was commenced on October 13, 2011. During the lunch break, when Mr. Kekoa was not present, Alan Martini, Esq. was asked by Ms. Sagonowsky when she would be receiving a draft of the mutual release and settlement agreement in accordance with the terms of the CCP section 998 offer accepted by Defendant Kekoa as incorporated into the October 7, 2011 judgment. Mr. Martini said that he was working on it and would speak to his client about it but that he need more time since his client had moved to Hawaii and was starting a new job. Attached hereto as Exhibit Y is a true and correct copy of a letter from Curtis Kekoa, Jr. to the clerk in Division 5 of First District Court of Appeal, dated January 18, 2012. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on Feb 3, 2012. By: LEY R. WHITE, ESQ. 2 DECLARATION OF BRADLEY R. WHITE IN SUPPORT OF SUR REPLYFrom: Al Marini Subject: Saganowsky v. Kekoa Date: September 8, 2011 9:21:58 AM PDT To: fe comcast. net> 1 Attachment, 293 KB 1 for the sattiament of the San Francisco Malicious Prosocution/Elder abuse/Slander, ete. Acti x U ment Is Ingant on your agreement (SZoMRue the motion to compe! Kekoa's daposition unti! | retum the first week of October. If the agreement Is signed, | will take the mation to stay/dismisa the San Mateo Action off calendar. look forward to hearing tram you at your earliest convenience. Mali Bel Alan Marini, Esq. Sheuerman, Martini & Tabari 1033 Willow Streat San Jose, Ca 95125 (408) 918-3703 i CONFIDENTIALITY NOTICE: The contents contained in this ¢-mail transmission contain information from the jaw offices of Sheuerman, Martini & Tabari which is confidential or privileged. The information is intended to be for the uss of the individual or entity named in this e-mait. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this email is STRICTLY PROHIBITED. f you have the received this @-mail in error, piaase notify us by telephone immediately (408) 288-9700 or by e-mail, and destroy the origina! transmission and any attachments without reading or saving it in any manners. Thank you. — a SCANSEB4_O00.ndt(293.KB) EXHIBIT USETTLEMENT AGREEMENT AND RELEASE ‘This Settlement Agreement and Release is made and entered into this__ day of September 2011, by and among: “Plaintiffs” | Christina M. SAGONOWSKY, individually and as Executor of the Estate of LEOCADIA MARIA SAGONOWSKY; and as Executor of the Estate of STEFAN M. MROZOWSKI “Defendant” ~CURTIS KEKOA, JR. RECITALS A. Plaintiffs filed a complaint against CURTIS KEKOA, JR. (“Defendant”) in San Francisco County Superior Court, State of California, Case No. 07 463799, (the “Complaint”), which Complaint arose out of certain alleged acts or omissions by Defendant. In the Complaint, Plaintiffs sought to recover monetary damages as a result of certain acts, omissions, or events which occurred in the past. Plaintiffs alleged causes of action for malicious prosecution, financial abuse of elders, accounting, breach of fiduciary duty, intentional misrepresentation, common counts, constructive trust, slander, libel, fraudulent transfers, civil conspiracy, and negligence, which Plaintiffs allege resulted in physical injuries, emotional distress, personal injuries, and economic loss to Plaintiffs. B. The parties desire to enter into this Settlement Agreement and Release in order to provide for certain payments in full settlement and discharge of all claims which are, or might have been, the subject matter of the Complaint, upon the terms and conditions set forth below. AGREEMENT The parties agree as follows: 1.0 RELEASE AND DISCHARGE 1.1 Inconsideration of the payments set forth in Section 2, Plaintiffs hereby completely release and forever discharge Defendant from any and all past, present or future claims, demands, obligations, actions, causes of action, wrongful death claims, rights, damages, costs, losses of services, expenses and compensation of any nature whatsoever, whether based on a tort, contract or other theory of recovery, which Plaintiffs now have, or which may hereafter accrue or otherwise be acquired, on account of, or may in any way grow out of, or which are the subject of the Complaint (and related pleadings) including, without limitation, any and all claims for bodily and personal injuries, or economic loss to Plaintiffs, which have resulted or may result from the alleged acts or omissions of Defendant. ale1.2 Itis acknowledged that this Settlement Agreement does not constitute a settlement of any other claims, and/or lawsuits against CURTIS KEKOA, JR. and/or his agents, including without limitation, the claims and/or causes of action alleged in Christina Sagonowsky, et al. V. Curtis Kekoa, Jr., et al., San Mateo County, Superior Court of Catifornia, Case No. CIV 501548; Estate of Stefan Mrozowski, et al. v. Curtis Kekoa, Jr., San Francisco County, Superior Court of California, Case No. CGC-10-506172; Estate of Stefan Mrozowski, et al. v. Curtis Kekoa, Jr., San Francisco County, Superior Court of California, Case No. CGC-11-507533; Christina M. Sagonowsky v. Curtis Kekoa, Jr., San Francisco County, Superior Court of California, Case No. CGC-11-507534; Christina Sagonowsky v. Curtis Kekoa, Jr., San Francisco County, Superior Court of California, Case No. FDI 03-755091; Christina Sagonowsky v. Curtis Kekoa, Jr., First District Court of Appeal Case No. A131207; and Christina Sagonowsky v. Curtis Kekoa, Jr., First District Court of Appeal Case No. A132801. 1.3 This release, on the part of Plaintiffs, shall be a fully binding and complete settlement among Plaintiffs and Defendant, and their heirs, successors and assigns. 2.0 PAYMENTS In consideration of the release set forth above, Defendant, by and through his insurer, STATE FARM INSURANCE COMPANY, agrees to pay to CHRISTINA M. SAGONOWSKY, the sum of Nine Thousand Nine Hundred Ninety-Nine Dollars ($9,999.00). 3.0 ATTORNEY'S FEES Each party hereto shall bear all attorney's fees and costs arising from the actions of its own counsel in connection with the Complaint, this Settlement Agreement and Release and the matters and documents referred to herein, the filing of a Dismissal of the Complaint, and all related matters. 40 DELIVERY OF DISMISSAL WITH PREJUDICE Concurrently with the execution of this Settlement Agreement and Release, Plaintiffs shall deliver to counsel for Defendant an executed Dismissal with prejudice of the First Amended Complaint. Plaintiffs hereby authorize counsel for Defendant to file said Dismissal with the Court and enter it as a matter of record. 5. WARRANTY OF CAPACITY TO EXECUTE AGREEMENT Plaintiffs represent and warrant that no other person or entity has, or has had, any interest in the claims, demands, obligations, or causes of action referred to in this Settlement Agreement and Release, except as otherwise set forth herein; that Plaintiffs have the sole right and exclusive authority to execute this Settlement Agreement and Release and receive the sums specified in it; and that Plaintiffs have not sold, assigned, transferred, conveyed or otherwise disposed of any of 2the claims, demands, obligations or causes of action referred to in this Settlement Agreement and Release, 6.0 GOVERNING LAW This Settlement Agreement and Release shall be construed and interpreted in accordance with the laws of the State of California. 7.0 ADDITIONAL DOCUMENTS All parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Settlement Agreement and Release. 80 ENTIRE AGREEMENT AND SUCCESSORS IN INTEREST This Settlement Agreement and Release contains the entire agreement between Plaintiffs and Defendant with regard to the matters set forth in it and shall be binding upon and enure to the benefit of the executors, administrators, personal representatives, heirs, successors and assigns of each, 9.0 EFFECTIVENESS This Settlement Agreement and Release shall become effective immediately following execution of each of the parties. CHRISTINA M. SAGONOWSKY, individually CHRISTINA M. SAGONOWSKY as Executor of the Estate of Leocadia Maria Sagonowsky CHRISTINA M. SAGONOWSKY, as Executor of the Estate of Stefan M. Mrozowski CURTIS KEKOA, JR.Fram Corts Kekoa Fax: (877) 787-2839 Yo: J. Cantred Fax: +1 1416) 440-7672 Page 2 of 2 10/2011 1227 meena) se MC-030 ATTORNEY OR PARTY WITHOUT ATTORMEY jivara9, State Bar oumtor, ono eocres), ‘FOR COURT USE OMLY ‘TELEPHONE NO - FAX WO (Opeone.) EAS ADORESE (Optana}. ATTOANEY FOR (Ara) SUPERIOR COURT OF CALIFORNIA, COUNTY OF sracer sone: 400 McAllister St (MAILING ADORESS: ervanoze cone: San Francisco, CA 94102 BRANCH NAME: PLAINTIFFIPETTTIONER: Cantrell JDEFENDANTIRESPONDENT: Sagonowsky T CASEMUMBER DECLARATION CSM 11-837984 |, Curtis Kekoa Jr., declare as follows: |, Tam the ex-husband of Defendant Christina Sagonowsky, the defendant is the instant small claims action. 2. On October 13, 2011, Ms, Sagonowsky attended my deposition (arising out of one ofa number of civil lawsuits she has osTnal aT rare trial ed against me) at the offices of Aiken Welch Count ee in ic way Buil at ser Fiaza, and, js je deposition was taken cr attorney a am te. informed and bdcli¢ve to er) Hance. Bradley 3. Said deposition itself lasted approximately 7 hours. Ms. Sagonowsky was there the entire time. She ar heal Cause She ed with a cane) ai ert and Ve ntive to Gt TIES == = 18, — troe to time e a a = a written notes as = uastuct a = to a certain Guestions/make certain remarks for the record, 4. Ms. Sagonowsky sat for most of the time but ] did not detect discomfort resulting from her siting for the period of | Se TaaDato 1 declare under penalty of perjury under the iaws of the State of Califomie that the foregoing Is true and correct. Date: October 28. 2011 tari Ceren hk Curtis Kekoa Jr. (TYPE OR PRINT PANES (SIGRATERE OF DECLARANT, CJ attomey for CJ praintitt L) Petitioner 11 Defendant (© Respondent (¥) other (Specity): . Declarant soa tars Sours. DECLARATION Pop tof MC-Q00 Rev. Jenuary 1, 2006) EXHIBIT xCurtis Kekoa, Jr. P.O. Box 475744 San Francisco, CA 94147 (415) 251-5911 January 18, 2012 Dear Clerk, First Appellant District Court, Division 5, Pursuant to your instructions and permission, lam writing this letter and forwarding/faxing my (letter) opposition to request for an extension to file opening brief by appellant Christina Sagonowsky, my ex-wife. ‘This letter regards appellate case no. A132801. {communicated to the First Appellate District, Division 5, clerk, Vera, that lam on the road on business away from my new residence onolulu, Hf) and unde m parties in Tia Gat appellant na Sagonowsky, my ex-wife, just filed a request for an extension to file her opening brief in the above case which opening brief was due originally on January 17, 2012; to date, I have received no correspondence from the appellant requesting said extension. communicated to Vera that { feared the First Appellate District Court would not receive my opposition timely If | were to first wait for appellant's correspondence to arrive at my home in Hawaii, so lam faxing now an opposition [my opposition letter dated January 13, 2012 (attached)]. The originals of this cover letter and opposition letter are forthcoming as is the proof of service therefor. Notably, appellant's attorney, Bradley White, was Priority Mailed and faxed a copy of my opposition letter already — on January 13, 2012 - days before appellant's attorney filed his request for an extension to file appellant’s opening brief. References in my opposition letter to “first appeal”, “second appeal” and “third appeal” refer to First Appellate District Court cases A131207, A132801 and A133697, respectively. Sincerely, Curtis Kekoa Jr. EXHIBIT y