Preview
Kyle
Law
Corporation
STEPHAN E. KYLE (SBN 158075)
ANDREW H. WINETROUB (SBN 291847)
KYLE LAW CORPORATION
350 California Street, 22nd Floor
San Francisco, CA 94104
Telephone: (415) 839-8100
Facsimile: (415) 839-8189
Email: skyle@kylelawcorp.com
Attorneys for Plaintiffs
JASON EVERETT THOMPSON and
WIRED REAL ESTATE GROUP, INC.
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
06/09/2017
Clerk of the Court
BY: MADONNA CARANTO.
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JASON EVERETT THOMPSON and
WIRED REAL ESTATE GROUP, INC.,
Plaintiffs,
v.
DEAN GREGORY ASIMOS, dba DRAKE
REALTY,
Defendant.
AND RELATED CROSS-ACTION.
CASE NO. CGC-11-514980
NOTICE OF ENTRY OF ORDER
GRANTING PLAINTIFF’S MOTION
FOR ATTORNEYS’ FEES ON APPEAL
AND DENYING DEFENDANT’S
MOTION FOR ATTORNEYS’ FEES ON
APPEAL
TO THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO, AND
ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that an Order Granting Plaintiffs Motion For Attorneys’ Fees on|
Appeal and Denying Defendant’s Motion For Attomeys’ Fees on Appeal was entered by this Court
on June 7, 2017, a copy of which is attached hereto as Exhibit 1.
i
M
i
NOTICE OF ENTRY OF ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES ON APPEAL
AND DENYING DEFENDANT’S MOTION FOR ATTORNEYS’ FEES ON APPEAL
CGC-11-514980Kyle
Law
Corporation
nu nw
DATED: June 9, 2017 KYLE LAW CORPORATION
BY: bh. HZ JHA 7
STEPHAN E. KYLE
ANDREW H. WINETROUB
Attorneys for Plaintiffs
JASON EVERETT THOMPSON and
WIRED REAL ESTATE GROUP, INC.
NOTICE OF ENTRY OF ORDER GRANTING PLAINTIFF'S MOTION FOR ATTORNEYS’ FEES ON APPEAL
AND DENYING DEFENDANT’S MOTION FOR ATTORNEYS?’ FEES ON APPEAL
CGC-11-514980EXHIBIT 1Corporation
STEPHAN E. KYLE (SBN 158075)
ANDREW H. WINETROUB (SBN 291847) F T
KYLE LAW CORPORATION ee Ez.
350 California Street, 22nd Floor ; Geilo
San Francisco, CA 94104 JUN 7
Telephone: (415) 839-8100 ON ~ 7 2017
Facsimile: _(415) 839-8189
Email: skyle@kylelawcorp.com an cLERK TH COURT
Attomeys for Plaintiffs ae
JASON EVERETT THOMPSON and =
WIRED REAL ESTATE GROUP, INC. *
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JASON EVERETT THOMPSON and
WIRED REAL ESTATE GROUP, INC.,
aoe CASENO. CGC-11-514980
aintiffs,
[PROLOSED] ORDER GRANTING
v. PLAINTIFF’S MOTION FOR
ATTORNEYS? FEES ON APPEAL AND
DEAN GREGORY ASIMOS, dba DRAKE DENYING DEFENDANT’S MOTION
REALTY, FOR ATTORNEYS’ FEES ON APPEAL
Defendant. DATE: MAY 17,2017
TIME: 9:30AM.
DEPT: 302
AND RELATED CROSS-ACTION.
ORDER
WHEREAS, Plaintiff Jason Everett Thompson (“Plaintiff”) filed his Notice of Motion and
Motion For Attorneys’ Fees on Appeal, along with supporting papers, on April 4, 2017 (the
“Plaintiff's Motion”); Defendant Dean Gregory Asimos (“Defendant”) filed his opposition to
Plaintiff's Motion on April 20, 2017; and Plaintiff filed his reply in support of Plaintiff's Motion on
April 26, 2017;
WHEREAS, Defendant filed his Motion For Attorneys’ Fees on Appeal, along with
supporting papers, on April 25, 2017 (the “Defendant’s Motion”); Plaintiff filed his opposition to
ORDER GRANTING PLAINTIFFS MOTION FOR ATTORNEYS FEES ON APPEAL AND DENYING
DEEFENDANT’S MOTION FOR ATTORNEYS’ FEES ON APPEAL
CGC-11-514980Kyle
Law
Corporation
Cw nd anu F&F BN
“Ss Boe ee oe ee ee
pPRepPBRBBYPSSEe DADE BH ES
e ®
Defendant’s Motion on May 4, 2017; and Defendant filed his reply in support of Defendant’s
Motion, along with a revised declaration of counsel, on May 12, 2017; :
WHEREAS, Plaintiffs Motion and Defendant’s Motion came on regularly for hearing
contemporaneously on May 17, 2017 at 9:30 A.M. before the Honorable Harold E. Kahn in
Department 302 of the above-entitled court;
WHEREAS, Plaintiff timely provided notice to Defendant’s counsel of his intent to appear’
at the hearing following publication of the Court’s tentative rulings on Plaintiff's Motion and
Defendant’s Motion; and
After full and due consideration of the moving papers, the opposition papers, the replies,
oral argument, and GOOD CAUSE APPEARING: :
THE COURT FINDS that, pursuant to Civil Code § 1717(b)(1), Plaintiff achieved his
primary objectives on appeal and is the prevailing party in the action on the contract;
THE COURT FINDS FURTHER that Plaintiff incurred reasonable attorneys’ fees in the
amount of $74,911.50 directly related to his primary objectives on appeal;
BASED ON THE FINDINGS OF THE COURT, IT IS HEREBY ORDERED that;
Plaintiff Jason Everett Thompson’s Motion For Attorneys’ Fees on Appeal is GRANTED-
IN-SUBSTANTIAL-PART. The Court hereby awards Plaintiff Jason Everett Thompson the
amount of $74,911.50 in attorneys’ fees on appeal.
Defendant Dean Gregory Asimos’ Motion For Attorney’s Fees on Appeal is DENIED.
IT IS SO ORDERED, ADJUDGED AND DECREED.
DATED: we Laos
By: : 2
HON-HAROLDE. KAHN
JUDGE OF THE SUPERIOR COURT
SEE EXHIBIT “A RE a
COMPLIANCE WITH GRC 3.1812 *
a
ORDER GRANTING PLAINTIFF'S MOTION FOR ATTORNEYS’ FEES ON APPEAL AND DENYING
DEFENDANT’S MOTION FOR eee FEES ON APPEAL
CGC-11-5149%rt eo e
KYLE LAW
CORPORATION
: Andrew H. Winetroub Telephone: 415 839-8100
E-mail: awinetroub@kylelawcorp.com Facsimile: 415 839-8189
Direct Dial: 415 839-8192 www.kylelawcorp.com
A PROFESSIONAL LAW CORPORATION
350 California Street, 22nd Floor
San Francisco, California 94104
J
N 9 12017
June 1, 2017
VIA MESSENGER
Hon. Harold E. Kahn
San Francisco Superior Court
Department 302
400 McAllister Street
San Francisco, CA 94102
Re: Thompson etal. v. Asimos dba Drake Realty
San Francisco Superior Court Case No.: CGC-11-514980
Our File No.:_80191-86
Dear Judge Kahn:
Per your instruction at the May 17, 2017 hearing in connection with the motions for
attorneys’ fees on appeal in the above-referenced matter, we have prepared the enclosed Proposed
Order for your consideration. This document was served upon counsel for Mr. Asimos, Ms. Jessica
Barsotti, by Federal Express on Monday, May 22 for review. As of today, we have not received
any objection as to form. Accordingly, since the notification period required by Cal. Rule of Court
3.1312 has now expired, we are lodging the enclosed Proposed Order for your consideration.
If the Proposed Order meets with your approval, we would appreciate it if you could
provide us with a file-endorsed copy of the executed Order. We have enclosed a copy of the
Proposed Order as well as a self-addressed stamped envelope for this purpose. We will then
prepare the appropriate Notice of Entry of Order and serve it on Ms. Barsotti.
Thank you for your continued assistance with this matter. Please do not hesitate to contact
us if you have any questions or if we can be of any further assistance to the court.
Very truly yours,
’
ANDREW H. WINETROUB
BIT "A WN 012017Kyle
Law
Corporation
an nun fF WwW WN
Thompson v. Asimos
San Francisco Superior Court Case No. CGC-11-514980
PROOF OF SERVICE
I, the undersigned, state:
Iam acitizen of the United States. My business address is 350 California Street, 22nd Floor,
San Francisco, California 94104. I am employed in the City and County of San Francisco. Iam
over the age of eighteen years and not a party to this action. On the date set forth below, I served
the foregoing documents described as follows:
NOTICE OF ENTRY OF ORDER GRANTING PLAINTIFF’S MOTION FOR
ATTORNEYS’ FEES ON APPEAL AND DENYING DEFENDANT’S MOTION FOR
ATTORNEYS’ FEES ON APPEAL
on the following person(s) in this action by placing a true copy thereof enclosed ina sealed envelope
addressed as follows:
Jessica R. Barsotti, Esq.
LAW OFFICE OF JESSICA R. BARSOTTI
5032 Woodminster Lane
Oakland, CA 94602
[x] BY FIRST CLASS MAIL ~I am readily familiar with my firm’s practice for collection and
processing of correspondence for mailing with the United States Postal Service, to wit, that
correspondence will be deposited with the United States Postal Service this same day in the
ordinary course of business. I sealed said envelope and placed it for collection and mailing
this date, following ordinary business practices.
[] BY PERSONAL SERVICE — Following ordinary business practices, I caused to be served,
by hand delivery, such envelope(s) by hand this date to the offices of the addressee(s).
[] BY OVERNIGHT MAIL — I caused such envelope to be delivered by a commercial carrier
service for overnight delivery to the office(s) of the addressee(s).
[] BY FACSIMILE - I caused said document to be transmitted by Facsimile machine to the
number indicated after the address(es) noted above.
{J BY EMAIL - I caused said document to be transmitted by email, as an electronic file in
‘Adobe PDF format, to the email address indicated after the address(es) noted above.
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 was executed this date in San Francisco, California.
l dele HL bes
NOTICE OF ENTRY OF ORDER GRANTING PLAINTIFF'S MOTION FOR ATTORNEYS’ FEES ON APPEAL
AND DENYING DEFENDANT’S MOTION FOR ATTORNEYS’ FEES ON APPEAL
CGC-11-514980
Dated: June 9, 2017
Preview
Kyle Law Corporation STEPHAN E. KYLE (SBN 158075) ANDREW H. WINETROUB (SBN 291847) KYLE LAW CORPORATION 350 California Street, 22nd Floor San Francisco, CA 94104 Telephone: (415) 839-8100 Facsimile: (415) 839-8189 Email: skyle@kylelawcorp.com Attorneys for Plaintiffs JASON EVERETT THOMPSON and WIRED REAL ESTATE GROUP, INC. ELECTRONICALLY FILED Superior Court of California, County of San Francisco 06/09/2017 Clerk of the Court BY: MADONNA CARANTO. Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO JASON EVERETT THOMPSON and WIRED REAL ESTATE GROUP, INC., Plaintiffs, v. DEAN GREGORY ASIMOS, dba DRAKE REALTY, Defendant. AND RELATED CROSS-ACTION. CASE NO. CGC-11-514980 NOTICE OF ENTRY OF ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES ON APPEAL AND DENYING DEFENDANT’S MOTION FOR ATTORNEYS’ FEES ON APPEAL TO THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO, AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that an Order Granting Plaintiffs Motion For Attorneys’ Fees on| Appeal and Denying Defendant’s Motion For Attomeys’ Fees on Appeal was entered by this Court on June 7, 2017, a copy of which is attached hereto as Exhibit 1. i M i NOTICE OF ENTRY OF ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES ON APPEAL AND DENYING DEFENDANT’S MOTION FOR ATTORNEYS’ FEES ON APPEAL CGC-11-514980Kyle Law Corporation nu nw DATED: June 9, 2017 KYLE LAW CORPORATION BY: bh. HZ JHA 7 STEPHAN E. KYLE ANDREW H. WINETROUB Attorneys for Plaintiffs JASON EVERETT THOMPSON and WIRED REAL ESTATE GROUP, INC. NOTICE OF ENTRY OF ORDER GRANTING PLAINTIFF'S MOTION FOR ATTORNEYS’ FEES ON APPEAL AND DENYING DEFENDANT’S MOTION FOR ATTORNEYS?’ FEES ON APPEAL CGC-11-514980EXHIBIT 1Corporation STEPHAN E. KYLE (SBN 158075) ANDREW H. WINETROUB (SBN 291847) F T KYLE LAW CORPORATION ee Ez. 350 California Street, 22nd Floor ; Geilo San Francisco, CA 94104 JUN 7 Telephone: (415) 839-8100 ON ~ 7 2017 Facsimile: _(415) 839-8189 Email: skyle@kylelawcorp.com an cLERK TH COURT Attomeys for Plaintiffs ae JASON EVERETT THOMPSON and = WIRED REAL ESTATE GROUP, INC. * SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO JASON EVERETT THOMPSON and WIRED REAL ESTATE GROUP, INC., aoe CASENO. CGC-11-514980 aintiffs, [PROLOSED] ORDER GRANTING v. PLAINTIFF’S MOTION FOR ATTORNEYS? FEES ON APPEAL AND DEAN GREGORY ASIMOS, dba DRAKE DENYING DEFENDANT’S MOTION REALTY, FOR ATTORNEYS’ FEES ON APPEAL Defendant. DATE: MAY 17,2017 TIME: 9:30AM. DEPT: 302 AND RELATED CROSS-ACTION. ORDER WHEREAS, Plaintiff Jason Everett Thompson (“Plaintiff”) filed his Notice of Motion and Motion For Attorneys’ Fees on Appeal, along with supporting papers, on April 4, 2017 (the “Plaintiff's Motion”); Defendant Dean Gregory Asimos (“Defendant”) filed his opposition to Plaintiff's Motion on April 20, 2017; and Plaintiff filed his reply in support of Plaintiff's Motion on April 26, 2017; WHEREAS, Defendant filed his Motion For Attorneys’ Fees on Appeal, along with supporting papers, on April 25, 2017 (the “Defendant’s Motion”); Plaintiff filed his opposition to ORDER GRANTING PLAINTIFFS MOTION FOR ATTORNEYS FEES ON APPEAL AND DENYING DEEFENDANT’S MOTION FOR ATTORNEYS’ FEES ON APPEAL CGC-11-514980Kyle Law Corporation Cw nd anu F&F BN “Ss Boe ee oe ee ee pPRepPBRBBYPSSEe DADE BH ES e ® Defendant’s Motion on May 4, 2017; and Defendant filed his reply in support of Defendant’s Motion, along with a revised declaration of counsel, on May 12, 2017; : WHEREAS, Plaintiffs Motion and Defendant’s Motion came on regularly for hearing contemporaneously on May 17, 2017 at 9:30 A.M. before the Honorable Harold E. Kahn in Department 302 of the above-entitled court; WHEREAS, Plaintiff timely provided notice to Defendant’s counsel of his intent to appear’ at the hearing following publication of the Court’s tentative rulings on Plaintiff's Motion and Defendant’s Motion; and After full and due consideration of the moving papers, the opposition papers, the replies, oral argument, and GOOD CAUSE APPEARING: : THE COURT FINDS that, pursuant to Civil Code § 1717(b)(1), Plaintiff achieved his primary objectives on appeal and is the prevailing party in the action on the contract; THE COURT FINDS FURTHER that Plaintiff incurred reasonable attorneys’ fees in the amount of $74,911.50 directly related to his primary objectives on appeal; BASED ON THE FINDINGS OF THE COURT, IT IS HEREBY ORDERED that; Plaintiff Jason Everett Thompson’s Motion For Attorneys’ Fees on Appeal is GRANTED- IN-SUBSTANTIAL-PART. The Court hereby awards Plaintiff Jason Everett Thompson the amount of $74,911.50 in attorneys’ fees on appeal. Defendant Dean Gregory Asimos’ Motion For Attorney’s Fees on Appeal is DENIED. IT IS SO ORDERED, ADJUDGED AND DECREED. DATED: we Laos By: : 2 HON-HAROLDE. KAHN JUDGE OF THE SUPERIOR COURT SEE EXHIBIT “A RE a COMPLIANCE WITH GRC 3.1812 * a ORDER GRANTING PLAINTIFF'S MOTION FOR ATTORNEYS’ FEES ON APPEAL AND DENYING DEFENDANT’S MOTION FOR eee FEES ON APPEAL CGC-11-5149%rt eo e KYLE LAW CORPORATION : Andrew H. Winetroub Telephone: 415 839-8100 E-mail: awinetroub@kylelawcorp.com Facsimile: 415 839-8189 Direct Dial: 415 839-8192 www.kylelawcorp.com A PROFESSIONAL LAW CORPORATION 350 California Street, 22nd Floor San Francisco, California 94104 J N 9 12017 June 1, 2017 VIA MESSENGER Hon. Harold E. Kahn San Francisco Superior Court Department 302 400 McAllister Street San Francisco, CA 94102 Re: Thompson etal. v. Asimos dba Drake Realty San Francisco Superior Court Case No.: CGC-11-514980 Our File No.:_80191-86 Dear Judge Kahn: Per your instruction at the May 17, 2017 hearing in connection with the motions for attorneys’ fees on appeal in the above-referenced matter, we have prepared the enclosed Proposed Order for your consideration. This document was served upon counsel for Mr. Asimos, Ms. Jessica Barsotti, by Federal Express on Monday, May 22 for review. As of today, we have not received any objection as to form. Accordingly, since the notification period required by Cal. Rule of Court 3.1312 has now expired, we are lodging the enclosed Proposed Order for your consideration. If the Proposed Order meets with your approval, we would appreciate it if you could provide us with a file-endorsed copy of the executed Order. We have enclosed a copy of the Proposed Order as well as a self-addressed stamped envelope for this purpose. We will then prepare the appropriate Notice of Entry of Order and serve it on Ms. Barsotti. Thank you for your continued assistance with this matter. Please do not hesitate to contact us if you have any questions or if we can be of any further assistance to the court. Very truly yours, ’ ANDREW H. WINETROUB BIT "A WN 012017Kyle Law Corporation an nun fF WwW WN Thompson v. Asimos San Francisco Superior Court Case No. CGC-11-514980 PROOF OF SERVICE I, the undersigned, state: Iam acitizen of the United States. My business address is 350 California Street, 22nd Floor, San Francisco, California 94104. I am employed in the City and County of San Francisco. Iam over the age of eighteen years and not a party to this action. On the date set forth below, I served the foregoing documents described as follows: NOTICE OF ENTRY OF ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES ON APPEAL AND DENYING DEFENDANT’S MOTION FOR ATTORNEYS’ FEES ON APPEAL on the following person(s) in this action by placing a true copy thereof enclosed ina sealed envelope addressed as follows: Jessica R. Barsotti, Esq. LAW OFFICE OF JESSICA R. BARSOTTI 5032 Woodminster Lane Oakland, CA 94602 [x] BY FIRST CLASS MAIL ~I am readily familiar with my firm’s practice for collection and processing of correspondence for mailing with the United States Postal Service, to wit, that correspondence will be deposited with the United States Postal Service this same day in the ordinary course of business. I sealed said envelope and placed it for collection and mailing this date, following ordinary business practices. [] BY PERSONAL SERVICE — Following ordinary business practices, I caused to be served, by hand delivery, such envelope(s) by hand this date to the offices of the addressee(s). [] BY OVERNIGHT MAIL — I caused such envelope to be delivered by a commercial carrier service for overnight delivery to the office(s) of the addressee(s). [] BY FACSIMILE - I caused said document to be transmitted by Facsimile machine to the number indicated after the address(es) noted above. {J BY EMAIL - I caused said document to be transmitted by email, as an electronic file in ‘Adobe PDF format, to the email address indicated after the address(es) noted above. 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 was executed this date in San Francisco, California. l dele HL bes NOTICE OF ENTRY OF ORDER GRANTING PLAINTIFF'S MOTION FOR ATTORNEYS’ FEES ON APPEAL AND DENYING DEFENDANT’S MOTION FOR ATTORNEYS’ FEES ON APPEAL CGC-11-514980 Dated: June 9, 2017