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STEPHAN E. KYLE (SBN 158075)
ANDREW H. WINETROUB (SBN 291847)
KYLE LAW CORPORATION
230 California Street, Suite 600
San Francisco, CA 94111
Telephone: (415) 839-8100 FILED.
Facsimile: (415) 839-8189 peered
Email: skyle@kylelawcorp.com ree Sr ean rranciece
ian 01/05/2016
Attorneys for Plaintiffs
JASON EVERETT THOMPSON and ey noensuseeett
WIRED REAL ESTATE GROUP, INC. Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF.SAN FRANCISCO
JASON EVERETT THOMPSON and
WIRED REAL ESTATE GROUP, INC.,
CASE NO. CGC-11-514980
Plaintiffs,
DECLARATION OF STEPHAN E.
v. KYLE IN SUPPORT OF MOTION FOR
ATTORNEYS’ FEES
DEAN GREGORY ASIMOS, dba DRAKE
REALTY, DATE: FEBRUARY 3, 2016
TIME: 1:30 P.M.
Defendant. DEPT.: 503
AND RELATED CROSS-ACTION.
I, STEPHAN E. KYLE, declare:
1. The matters set forth in this declaration are true of my own knowledge, and if called
as a witness, I could and would competently testify thereto.
2. I am an attorney at law, duly licensed to practice before all the courts of the State of
California. I ama shareholder of the Kyle Law Corporation, located at 230 California Street, Suite
600, San Francisco, California 94111, attorneys for Plaintiffs Jason Everett Thompson and Wired
Real Estate Group, Inc. (“Plaintiffs”) in the above-entitled action.
Experience of Counsel
3. I graduated from the Indiana University-Bloomington Maurer School of Law in 1991.
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DECLARATION OF STEPHAN E. KYLE IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES
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4. I was admitted to the California Bar in 1992.
5. Immediately prior to founding Kyle Law Corporation in June 2009, I served as
Managing Partner of Kenney & Markowitz,.LLP from November 2003 through June 2009.
6. I was employed as an associate attorney at Kenney & Markowitz from October 1994
through 1999, at which time I took a position as General Counsel and Chief Operating Officer of
Decimal, Inc. in San Francisco.
7. I also worked as an associate attorney at Bennett & Rowland, LLP in San Francisco
from the time of my admission to the California Bar through October 1994,
8. In all, I have been a practicing attorney for more than twenty-three (23) years. My
practice has included extensive litigation work, mainly in business and commercial matters.
9. Iam AV-rated by Martindale-Hubbell and am recognized as a Northern California
SuperLawyer.
10. Andrew H. Winetroub (“Winetroub”) is an attorney at Kyle Law Corporation. He has
been employed as an attorney at the firm since December 2013.
11. | Winetroub graduated from the Indiana University-Bloomington Maurer School of|
Law in 2013.
12. Winetroub was admitted to practice in December 2013.
Actions Taken By Counsel In Contempt Proceedings
13. These contempt proceedings were initiated by Plaintiffs because of Defendant Dean
Gregory Asimos’ (“Asimos”) continued noncompliance with the order and permanent injunction of|
this Court entered on August 23, 2013 (the “Permanent Injunction”).
14. On July 30, 2015, I sent a letter to counsel for Asimos enclosing an authorization form
for Asimos to sign pursuant to his obligations under the Permanent Injunction, which related to the
distribution of certain settlement funds held in trust by the law firm of Carr McClellan, P.C. This
letter was intended to. provide Asimos with a final opportunity to comply with the terms of the
Permanent Injunction prior to the filing of a new Motion to Show Cause re Contempt.
15. Asimos failed to deliver the required authorization form by the deadline we
established. Instead, on August 12, 2015, I received an email from counsel for Asimos expressing
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her belief that no further signature by Asimos to the authorization form was required.
16. Substantial legal research was conducted on the contempt procedure and evidentiary
standards.
17. Plaintiffs prepared and filed a Motion For Order To Show Cause re Contempt and
related moving papers on August 14, 2015. This filing was rejected by the Superior Court, in part,
because of the retirement of the trial court judge, the Hon. Wallace P. Douglass.
18. In turn, I exchanged correspondence with Judge Douglass and Asimos’ counsel on
August 18 and August 19, 2015. I initiated this correspondence due to the fact that it was Judge!
Douglass’ Permanent Injunction with which Asimos had failed to comply. In response, Judge’
Douglass informed Asimos’ counsel and me that re-filing in the Master Calendar Department was the
appropriate course of action.
19. On August 21, 2015, Plaintiffs re-filed the Notice of Motion, the Motion For Order To
Show Cause re Contempt (the “Motion”), my Declaration with supporting exhibits (a seventy-one'
(71) page document), and the Proposed Judgment and Order.
20. Following the filing and service of the Motion, Asimos filed an Opposition to the
Motion and a supporting declaration of his counsel on September 14, 2015. The Opposition cited)
eighteen (18) cases in support of its arguments and made a claim for sanctions against Plaintiffs and
me. Further legal research was conducted with respect to Asimos’ Opposition and the cases cited in|
support thereof.
21. Plaintiffs prepared and filed a Reply in support of the Motion, as well as my
Supplemental Declaration with supporting exhibits, on September 17, 2015.
22. On September 24, 2015, I appeared at the hearing on the Motion on behalf of Plaintiffs.
At that time, the Court entered an Order to Show Cause re Contempt (the “OSC re Contempt”). The
Order to Show Cause re Contempt ordered Asimos and his counsel to appear on October 21, 2015 to}
show cause why a judgment of contempt should not be entered.
23. On October 20, 2015, I received from Asimos’ counsel a declaration in advance of the!
hearing on the OSC re Contempt. The declaration of Asimos’ counsel discussed Asimos’ appeal of|
the judgment entered against him in addition to seeking sanctions against Plaintiffs and me. Further|
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legal analysis of the appellate papers was required in preparation for the hearing.
24. On October 21, 2015, I appeared at the first hearing on the OSC re Contempt. After a
brief presentation of the parties’ respective positions, the hearing was continued by the Court in order]
to allow the parties an opportunity to exchange evidence prior to the next hearing on the OSC re
Contempt. The continued hearing date was set for November 2, 2015.
25. On October 22, 2015, Plaintiffs filed a Request For Judicial Notice In Support Of|
Judgment of Contempt. My firm prepared the one-hundred twenty-one (121) page submission on
behalf of Plaintiffs.
26. On October 29, 2015, my firm received documents filed by Asimos in the matter,
including Asimos’ opening brief in the Court of Appeal (a seventy-seven (77) page document) and
the Proposed Statement of Decision issued by Judge Douglass on May 30, 2013.
27. On October 30, 2015, my firm received the declaration of Asimos’ bankruptcy counsel
filed by Asimos. Further legal analysis of the papers filed by Asimos was required in preparation for|
the hearing.
28. On November 2, 2015, I appeared at the second hearing on the OSC re Contempt. At
that time, the Court found Asimos guilty of contempt. The Court also ordered Asimos to execute and
deliver the authorization form to my offices by no later than the end of November 2, 2015. The. Court}
also set a further status conference on the contempt proceedings for November 13, 2015.
29. After not receiving an executed authorization form for two days beyond the deadline}
established by the Court, my office was required to prepare, file, and serve a Notice of Defendant’s
Failure To Comply as well as my Declaration in support thereof. These documents were filed and
served on November 4, 2015.
30. On November 9, 2015, an undated an unnotarized authorization form was delivered to
my offices by a messenger service. The authorization form was not accompanied by a letter from
counsel but appeared to bear Asimos’ signature. The authorization form was undated and my firm
was unable to ascertain the authenticity of the signature. Further correspondence with Asimos’
counsel was required, without response.
31. On November 10, 2015, I had the authorization form hand delivered to Carr McClellan
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DECLARATION OF STEPHAN E. KYLE IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES
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along with a letter requesting immediate disbursement of the settlement funds. Following the firm’s|
receipt of my letter and the authorization form, I engaged in further discussions with Carr McClellan
regarding release of the settlement funds to Plaintiffs. Those discussions did not produce the
distribution of the settlement funds, as requested.
32. My firm prepared and served on Asimos’ counsel drafts of the Judgment of Contempt
and Contempt Order on November 11, 2015. The Judgment of Contempt and Contempt Order were
lodged with the Court on November 12, 2015.
33. - On November 13, 2015, I appeared at a status hearing in this matter. Asimos and his
counsel failed to appear at the hearing. The Court signed and entered the Judgment of Contempt and
the Contempt Order. Among other things, the Order and Judgment ordered Asimos to pay the
reasonable attorneys’ fees and costs incurred by Plaintiffs in connection with the contempt!
proceedings. Subsequently, my firm prepared the Notice of Entry of the Judgment of Contempt and|
the Contempt Order, which were filed by Plaintiffs.
34. The Court ordered a $50,000 bench warrant for Asimos’ arrest and raised the
possibility of contempt proceedings against Asimos’ counsel for the failure to appear at the November
13, 2015.
35. Pursuant to the Court’s instruction at the November 13, 2015 hearing, my firm!
provided the Court with identifying information for Asimos in order to facilitate the entry of the Civil
Bench Warrant for his arrest. Accordingly, on November 17, 2015, the Court issued its Civil Bench
Warrant against Asimos.
36. | On November 18, 2015, my offices received a call from the Court. At that time, my
firm was given notice that a further status hearing in the matter would be held on November 20, 2015.
37. At that time, I was engaged in further discussions with Carr McClellan regarding
release of the settlement funds. I was told by Carr McClellan that the firm was not willing to disburse
the funds pursuant to the authorization form because of its lack of indicia of authenticity. We also
exchanged correspondence that concerned, in part, Asimos’ failure to comply with orders made by
the Court in these proceedings. As such, I notified Carr McClellan of the November 20, 2015 hearing,
which, ultimately, resulted in an appearance by an attorney from the firm in these proceedings and an
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order directing Carr McClellan to release the funds to Plaintiffs. Prior to the hearing, I corresponded
with Asimos’ counsel, including providing notice of the filing of a declaration and proposed order by
Carr McClellan seeking an order of the Court instructing the firm to distribute the funds held in trust!
to Plaintiffs.
38. On November 20, 2015, I appeared at the status hearing calendared by the Court. An|
attorney from Carr McClellan, Robert A. Bleicher, also appeared at the hearing. Following the
hearing, I prepared the Notice of Entry of Order regarding the order directing Carr McClellan to
telease the funds. At the request of the Court, I also prepared the Order regarding the November 20,
2015 hearing on the OSC re Contempt. On December 3, 2015, the Court entered the Order Regarding}
the 11/20/2015 O.S.C. Hearing re Contempt.
39. In order to properly prepare for each of the five (5) hearings in these contempt
proceedings, my firm devoted significant time and resources to conducting the necessary legal
research and analysis. Similar amounts of time were required to prepare each filing in the matter, as
it was our burden to establish Asimos’ guilt beyond a reasonable doubt.
Proof of Fees and Costs
40. Attached hereto as Exhibit A is a spreadsheet of hours incurred by Jason Everett
Thompson and Wired Real Estate Group, Inc. arising from the services performed by Kyle Law
Corporation in connection with the contempt proceedings against Asimos. I have prepared this
spreadsheet as a summary of billing records in order to protect the confidentiality of attorney-client
communications contained within billing records and my contemporaneous communications with the
client.
41. I prepared the attorney fee spreadsheet based on my review of contemporaneously
maintained time records, and the application of my personal knowledge and recollection of the facts
and circumstances surrounded the events described therein. It is my firm’s policy that all time entries
are to be recorded by the individual performing the work at or about the time the work is performed.
I have reviewed these entries and they accurately reflect the work performed and billed to the client
for this matter.
42. Based on my firm’s research into legal fees for comparable work in the San Francisco
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Bay Area, reasonable billing rates for attorneys with my level of experience can be as high as $562
per hour. For attorneys with Winetroub’s level of experience, reasonable billing rates can be as high
as $275 per hour.
43. My normal hourly rate is $425 per hour and Winetroub’s normal rate is $250 per hour.
However, my firm’s fee agreement with Plaintiffs stated that the firm would bill Plaintiffs at a
discounted rate of $375 per hour for my time and $195 per hour for Winetroub’s time.
44. In total, I billed Plaintiffs a total of 67.0 hours in this matter as of December 31, 2015.
Multiplying those hours by my billing rate of $375 per hour results in a total amount of $25,125 in
fees for work performed by me in these contempt proceedings.
45. Intotal, Winetroub billed Plaintiffs a total of 172.7 hours in this matter as of December
31, 2015. Multiplying those hours by Winetroub’s billing rate of $195 per hour results in a total
amount of $33,676.50 in fees for work performed by Winetroub in these contempt proceedings.
46. A paralegal at my firm, Gabriel Corpuz (“Corpuz”), assisted with hearing preparation
in these contempt proceedings. Corpuz billed a total of 2.0 hours in this matter. My firm’s fee
agreement with Plaintiffs provided for paralegal time to be billed at a rate of $125 per hour. As such,
the total amount Plaintiffs’ were billed for Corpuz’s time is $250.
47. In addition, Section 1218(a) of the Code of Civil Procedure provides for the recovery
of reasonable costs incurred in connection with the contempt proceeding. The description and amount
of costs incurred in these contempt proceedings follows:
TABLE OF COSTS INCURRED
Cost Description Amount
Filing & Motion Fees/ Service of . $339.02
Process/Lodging of Courtesy
Copies/Messenger Delivery
Postage $30.48
KLC Misc — Westlaw Legal Research,
Copying Charges $781.35
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DECLARATION OF STEPHAN E. KYLE IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES
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TOTAL | $1,150.85
Excluded Attorneys’ Fees and Costs
48. I have reviewed the comprehensive billings in this matter and, based upon my review,
we have excluded all hours for which we expressly do not seek compensation through this motion
because they relate to, primarily, (i) time spent by Winctroub appearing at hearings that would
produce duplicative billings and (ii) time spent by my firm preparing work product that is not directly
related to these contempt proceedings.
49. | While Winetroub’s appearances at hearings in this matter benefitted my firm’s|-
representation of Plaintiffs, I have exercised discretion in excluding those hours from this fee
application. I was primarily responsible for the presentation of argument and evidence at hearings in
this matter. As such, I have not billed Plaintiffs for these hours nor do we make a claim for such!
hours in this motion.
50. Additionally, I have excluded hours expended by attorneys in my firm on matters not
directly involving these contempt proceedings, despite the fact that the proceedings raised a number
of outside issues on which my firm was required to devote time and resources. In particular, my firm
spent a substantial number of hours preparing a Motion to Dismiss Asimos’ appeal of the underlying
judgment in the Court of Appeal. This Court adjudging Asimos guilty of contempt beyond a
reasonable doubt in the Judgment of Contempt was a significant factor in my firm’s decision to file
the Motion to Dismiss in the Court of Appeal. But, I have deemed the time spent by my firm in the].
preparation and filing of the Motion to Dismiss to be non-recoverable because, ultimately, the work
concerned matters unrelated to these contempt proceedings.
51. In other words, the hours listed on Exhibit A relate entirely to the contempt
proceedings.
Additional Fees Through to Disposition of the Motion
52. I have been involved in my firm’s preparation of the motion for attorneys’ fees and
costs, including the drafting of this supporting declaration, the memorandum of points and authorities,
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the spreadsheet of the fees and costs. Winetroub has also been integrally involved in the preparation
of the motion, the memorandum of points and authorities, the supporting declaration, and the research
into fee rates in the San Francisco Bay Area.
53. Lexpect to expend two (2) additional hours preparing the reply in support of the motion
for attorneys’ fees and an additional three (3) hours preparing for and appearing at the hearing on the
motion. At the rate of $375 per hour, my total additional fees for seeing this motion through to
disposition amount to $1,875.
54. Lexpect Winetroub to expend ten (10) additional hours preparing the reply in support|
of the motion for attorneys’ fees. At the rate of $195 per hour, Winetroub’s total additional fees for
seeing this motion through to disposition amount to $1,950.
Total Amount of Fees and Costs
55. The total amounts billed by me, Winetroub, and Corpuz added together, along with
the amounts required to see the motion through to disposition and costs incurred, amount to a total
request by Plaintiffs of fees and costs $64,027.35.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Executed this 4th day of January, 2016, at San Francisco, California.
C
PHAN E. KYLE
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DECLARATION OF STEPHAN E. KYLE IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES
CGC-11-514980Exhibit A000038 80191 - Thompson v. Asimos - Attorney Time
07/21/45 - 12/3415
Staff Member Date Hours. Notes
Attorney conference re further efforts to obtain release of trust funds; further
Stephan Kyle Ovre7I18 0.50 preparation of letter to opposing counsel
Stephan Kyle 07/28/15 0.40 a analysis re contempt damages available; attorney conference re
Further analysis re contempt proceedings; finalize letter to attorney J. Barsotti
Stephan Kyle 07/3015 0.80 with final opportunity to comply with permanent injunction; email same to
attorney Barsotti
Further preparation of Motion for Order to Show Cause re Contempt; analysis
‘Stephan Kyle 08/11/15 0.80 of procedural history and prior acts of non-compliance by Asimos; attorney
conference re same; direct further drafting to be performed
Further preparation of motion for order to show cause re contempt; attorney
Stephan Kyle 08/12/15 0.50 conference and direct further preparation efforts; emails from and to attorney
J. Barsotti in response to our request for immediate signature of authorization
Stephan Kyle 08/14/15 1.00 Further preparation of motion for OSC re Contempt; direct filing and service
Email to Judge Douglass with case update and forwarding courtesy copy of
Stephan Kyle Liahali pa moving papers re Motion for OSC re Contempt
Email from Judge Douglass stating his full retirement and directing us to
Stephan Kyle 08/19/15 0.40 contact Presiding Judge re Motion for OSC re contempt; attorney conference
and direct further handling efforts
Preparation of updated moving papers per instruction from Presiding Judge;
Stephan Kyle Sauda ean) attorney conference and direct filing and service efforts;
Email to Judge Wallace re case re-assignment; attorney conference and
Stephan.Kyle 08/25/15 0.50 direct further efforts seek hearing in the Dept of the Presiding Judge; legal
analysis re contempt proceedings
Page t of 14000038 80191 - Thompson v. Asimos - Attorney Time
07/21/15 - 12/34/15
Staff Member Date Hours Notes
: Receipt and review of Asimos’ Opposition to our Motion for OSC re Contempt;
Stephan Kyle 09/14/15 1.10 legal analysis of cases cited by defendant; attorney conference and direct
further legal research in light of new arguments advanced
Further preparation of reply in support of motion for order to show cause re
Stephan Kyle pana eo contempt; further legal analysis re burden of proof and stay issues
Stephan Kyle 09/16/15 0.50 Further legal analysis re appellate stay issues and preparation of reply brief
Further preparation of and finalize reply and supplemental supporting
Stephan Kyle oats neo declaration in support of motion for OSC; direct filing efforts
Confirm successful filing of Reply brief and supporting papers; direct efforts to
Stephan Kyle 09/21/15 0.30 lodge courtesy copies with chambers; attorney conference re preparation for
hearing
Stephan Kyle 09/22/15 0.60 Preparation for hearing on Motion for Order to Show Cause re contempt
Preparation for hearing on Motion for Order to Show Cause re Contempt;
Stephan Kyle 09/23/15 1.00 attomey conference re same
Further prepare for and attend hearing on motion for order to show cause re
contempt; successfully argue motion and obtain OSC re contempt; file and
Stephan Kyle peau 2.80 serve same on opposing counsel per court order; telephone calls from court
clerk re hearing date change
Direct further handling of Notice of Entry of Order and legal work to be done in
Stephan Kyle pene a advance of Contempt Trial proceedings
Stephan Kyle 40/05/15 0.80 Legal analysis re contempt charge hearing, evidence requirements and
standard of proof; direct legal research re same.
Page 2 0114000038 80191 - Thompson v. Asimos - Attorney Time
07/24/15 - 12/31/15
Staff Member Date Hours Notes
Stephan Kyle 40/16/15 4.20 ° Preparation for hearing on Order to Show Cause re contempt; legal analysis
re burden of proof and evidentiary issues
Further preparation for contempt trial proceedings; analysis re burden of proof
Stephan Kyle 10/19/15 2.50 and evidence issues; further preparation of and finalize status report to client;
email same
Further preparation for contempt trial proceedings; receipt of fax of service
Stephan Kyle 10/20/15 3.40 documents from attorney Barsotti in connection with contempt hearing;
attorney conference and legal analysis re impact of same
Further preparation for and attend hearing on contempt proceedings; post-
hearing discussion with opposing counsel; direct further preparation of
Stephan Kyle Saleh Pa documents at request of court in connection with further hearing date; legal
analysis re bankruptcy issues and appellate stay issues
Further preparation of Request for Judicial Notice; direct filing efforts; analysis
Stephan Kyle ae pa of declaration of attorney J. Angelo re contempt charge;
Further attention to evidence needed to meet proof requirements on contempt
Stephan Kyle edd nea charge; emails with attorney Barsotti re court reporter
Stephan Kyle 10/27/15 0.20 Email from attorney Barsotti re court reporter for contempt proceeding;
analysis re same
Further preparation of further contempt trial hearing; preparation of proposed
form of Judgment; attorney conference and direct further investigation into
Stephan Kyle neste a whether defendant deposited the original signed authorization with the Clerk
of the Court
Stephan Kyle 40/30/15 4.30 Preparation for further contempt trial hearing; receipt and review of filings
made by Defendant Asimos; attorney conference re same
Page 3 of 14000038 80191 - Thompson v. Asimos - Attorney Time
07/24/15 - 12/3115
Staff Member Date
Hours
Notes
Stephan Kyle 11/02/15,
Stephan Kyle ~ 11/04/15,
Stephan Kyle 11/06/15
Stephan Kyle 11/09/15
Stephan Kyle 41/10/15
‘Stephan Kyle AMIS
Stephan Kyle 1125
5.30
0.90
1.80
Preparation for and attend contempt trial hearing in San Francisco Superior
Court; successfully obtain judgment of contempt against Defendant Asimos;
post-hearing discussion with Defendant's counsel requesting immediate
signature of the authorization per Court order; post-hearing analysi ight of
Defendant's failure to sign authorization and further contempt proceedings
Further preparation of Notice of Non-Compliance and Supporting Declaration;
direct filing efforts; analysis re proposed order and judgment on the contempt
charge
Attorney conference re preparation of motion for attorneys’ fees; legal analysis
and direct further efforts
Receipt of executed authorization from attorney Barsotti; analysis re lack of
date and notarization; email to attorney Barsotti re date to be inserted on
authorization
Further preparation of letter to Carr McClellan with signed authorization; legal
analysis re same; direct messenger delivery of same
Preparation of Motion for attorneys' fees; legal analysis and further
preparation of proposed order and judgment of contempt; email same to
attorney Barsotti for review and approval; attorney conference re further
status hearing
Preparation for further hearing on Contempt proceedings; telephone calls to
and from Carr McClellan re disbursement of Astound settlement funds to Mr.
Thompson; direct lodging of Proposed Order and Judgment with court; email
to attorney Barsotti forwarding transmittal letter to Judge Jackson and
Proposed Order and Judgment
Page 4 of 14000038 80191 - Thompson v. Asimos - Attorney Time
07/21/15 - 12/31/45
Staff Member Date
Hours
Notes
Stephan Kyle V1N3N5
Stephan Kyle 14NeNs
Stephan Kyle A7NS
Stephan Kyle . 11/18/15,
Stephan Kyle 119/15
Stephan Kyle 11/20/15
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1.20
2.10
1.40
4.60
Further preparation for and attend further hearing on Contempt charge; obtain
signed Order and Judgment of Contempt; discussions with Judge and court
personnel re bench warrant issued against Asimos and OSC re contempt to
be issued against attorney Barsotti; post-hearing analysis; telephone call from
Carr McClel i
authority; attention to further information requested by court in connection with
_ bench warrant to be issued
Further attention to bench warrant logistics; attorney conference re same;
legal analysis re motion for attorney fees; analysis re further hearing on
contempt proceedings
Further preparation of Motion for attorneys' fees; legal analysis re bench
warrant
Further preparation of motion for attorneys fees; receipt of notice of further
hearing on contempt charge; email to Carr McClellan attorney R. Bleicher
advising of hearing and suggesting his appearance to obtain further
clarification needed from court/Asimos; preparation for further hearing on
contempt charge
Emails with attorney R. Bleicher and receipt of proposed declarations and
order to be presented to court at hearing directing trust funds to be
distributed; email to attorney J. Barsotti to provide notice of appearance of
attorney Bleicher at hearing; preparation for further hearing
Further preparation for and attend further hearing on contempt charge; pre-
and post-hearing discussions with Carr McClellan attorney R. Bleicher re
release of trust funds; preparation of substantive proposed order as directed
by the Court; preparation of Notice of Entry of Carr McClellan order re release
of trust funds; attention to filing and service of same; email to attorney R.
Bleicher requesting wire transfer of trust funds; email proposed order on
further contempt proceedings to attorney J. Barsoiti for review prior to
‘submission to court
Pogo Sof 14000038 80191 - Thompson v. Asimos - Attorney Time
07/21/15 - 12/3115
Staff Member Date Hours Notes
Receipt of Order Recalling Bench Warrant; further preparation of proposed
order from November 20 hearing; prepare transmittal letter to the court for
Stephan Kyle 11/24/15 1.00 messenger delivery; email to attorney J. Barsotti copy of letter and proposed
order; confirm successful filing of Notice of Order Instructing Disbursement of
Carr McClellan funds
Analysis re signed Order re 11.20.2015 Hearing; direct preparation of of
Stephan Kyle 1210715 0.20 Notice of Entry and service
Legal analysis re Lodestar calculation for attorney fee claim; direct further
Stephan Kyle t2r22is 0.80 preparation of Motion for Attorneys’ Fees and supporting declaration
Further preparation of Motion for Attorney fees; legal analysis re lodestar
Stephan Kyle 12/2915 1.20 calculations; attention to preparation of chart of attorney time to be attached
to declaration
Further preparation of Motion for Attorneys’ Fees and supporting declaration
Stephan Kyle : 12/80/18 1.70 with chart of attorney time; legal analysis re same .
Further preparation and finalize Motion for Attorneys' Fees and Supporting
Stephan kyle aki 4 Declaration; attorney conference re same
Subtotal - Stephan Kyle 67.00
7 Preparation of attorney notebook for upcoming hearing on Motion For Order
Gabriel Corpuz sila nit To Show Cause Re Contempt; tab and index pleadings re same.
rl Preparation of Request for Judicial Notice In Support of Judgment of
Gabriel Corpuz ee a0 Contempt and supporting declaration; tab, mark and index pleadings re same.
Subtotal - Gabriel Corpuz 2.00
Page 6 of 14000038 80191 - Thompson v. Asimos - Attorney Time
07/21/15 - 12/3115
Staff Member Date Hours Notes
Preparation of letter to opposing counsel re authorization for release of Carr
poe neta ice a McClellan funds; preparation of authorization for disbursement of funds form.
Andrew Winetroub 07/28/15 2.10 Legal research and analysis re civil contempt in California.
Further preparation of Authorization for Disbursement of Funds for letter to
Andrew Winetroub 07/30/15 0.80 Asimos counsel; legal analysis for letter to opposing counsel re order to show
cause re contempt.
Andrew Winetroub 08/04/15 1.40 Legal research and analysis re California civil contempt procedure
‘Andrew Winetroub 08/05/15 4,00 Legal research and analysis re California ci ind criminal contempt
procedures.
a Preparation of motion for order to show cause re contempt; legal research re
Andrew Winetroub 7 tila a evidence to support motion for contempt.
_ Andrew Winetroub 08/07/15 3.80 oe preparation of motion for OSC re contempt; preparation of notice of
C Further preparation of motion for contempt and notice of motion; preparation
Andrew Winetroub eeriors| 5.20 of declaration in support of motion, proposed order and proposed judgment.
Further preparation of moving papers for order to show cause re contempt;
Andrew Winetroub 08/11/15 6.10 legal research and analysis re evidence of Asimos’ behavior post-issuance of
permanent injunction.
7 Further preparation of moving papers re order to show cause re contempt;
Saab ntiicd ee ter? a legal analysis re filing of moving papers.
Legal research re filing motion for order to show cause re contempt in SF
Andrew Winetroub 08/14/15 5.80 ‘Superior Court; further preparation of moving papers for filing in SF Superior
Court; legal research and analysis re authority for contempt sanctions sought.
Page 7 of14000038 80191 - Thompson v. Asimos - Attorney Time
07/21/15 - 12/34/15
Staff Member Date Hours Notes
Andrew Winetroub 08/17/15 0.60 Phone calls to and from SF Superior Court cin lings office re requirement for
courtesy copies of moving papers.
Phone calls to SF Superior Court staff re motion for contempt; receipt and
Andrew Winetroub 08/18/15 1.90 review of correspondence from court clerk; legal research and analysis re
motion for order to show cause re contempt hearings and procedures.
‘Andrew Winetroub 08/19/15 0.60 Legal analysis re motion hearing issues due to Judge Douglass’ full
retirement.
Andrew Winetroub 08/20/15 0.80 Further preparation of moving papers for motion for OSC re contempt
Andrew Winetroub 08/21/15 240 Further preparation and filing of motion for OSC re contempt.
Analysis re correspondence from SF Superior Court accepting our filed
i Motion for Order to Show Cause re Contempt; legal research and
penne aes pee hia correspondence with court re electronic service and courtesy copy
requirements; preparation of courtesy copy of motion for SF Superior Court
Andrew Winetroub 08/26/15 0.50 Attention to courtesy copy of moving papers for SF Superior Court
Legal research and analysis re Opposition to OSC motion filed by Asimos;
pede epee eur. Peete eee preparation of Reply To Opposition filed by Asimos.
Further preparation of Reply to Asimos’ Opposition to OSC re contempt.
i motion; preparation of Declarati ‘support of Reply; receipt and review of
pratee i rinetae, A a correspondence from opposing counsel re Opposition to Motion; legal
research and analysis re arguments replying to filed Opposition to Motion.
Legal analysis re SF Superior Court docket for file endorsed copies of Asimos
Andrew Winetroub 09/16/15, 2.10 gs this week; further preparation of Reply and Declaration in response to
Asimos Opposition to contempt motion.
Page 6 of 14000038 80191 - Thompson v. Asimos - Attorney Time
07/21/45 - 12/34/15
Staff Member Date Hours Notes
: Further preparation of Reply and Declaration re response to Asimos’
ieladeiadahietaaihenee Pee? 2.40 Opposition to contempt motion; preparation of filing with SF Superior Court.
: Receipt and review of filing confirmation email from SF Superior Court re
Pere tpetoup 09/18/15 0.20 Reply to Asimos Opposition to contempt motion.
Legal analysis re filed papers in SF Superior Court; preparation of courtesy
copy of Reply papers fi SF Superior Court; legal research and analy
peeeeeeine eer 09/2115 1.40 re tentative ruling procedure in Dept. 206 of SF Superior Court; legal analysis
re hearing preparation.
Andrew Winetroub 09/22/15 0.40 Phone calls with SF Superior Court clerk re Thursday morning's hearing.
Legal analysis re OSC motion hearing; preparation of hearing materials for
Andrew Winetroub 09/23/15, 2.80 OSC motion hearing; legal research and analysis re appellate stay of
enforcement issue
Preparation for Hearing on OSC re Contempt Motion; legal analysis re Order
Andrew Winetroub 09/24/15 1.90 granted by Court; legal research and analysis re burden of proof at contempt
hearing.
7 Preparation of Notice of Entry of Order; preparation of court filing of Notice of
neo er, si Entry of Order with San Francisco Superior Court.
Receipt and review of correspondence from SF Superior Court re confirmation
: of filing of Notice of Entry of Order; preparation of courtesy copies of Notice of
ieee Paine tt ea ae Entry of Order for SF Superior Court; legal research and analysis re hearing
procedures for contempt proceeding.
Andrew Winetroub 09/29/15 0.30 Further preparation of courtesy copy filing with SF Superior Court.
Page Sof 14000038 80191 - Thompson v. Asimos - Attorney Time
07/21/15 - 12/31/15
Staff Member Date Hours Notes
Andrew Winetroub 7 40/05/15 2.90 Legal research and analysis re procedure, evidence, and burden of proof at .
contempt hearing.
ji Legal analysis re strategy for contempt hearing; further preparation of memo
Prey inet ser alld a re procedure for contempt hearing proceedings.
Andrew Winetroub 10/07/15 0.40 Preparation of questions for Asimos as potential witness at contempt hearing.
Andrew Winetroub 10/09/15 0.30 Further preparation of memo re Contempt Hearing preparation.
Andrew Winetroub 10/13/15 1.10 Further preparation for Contempt Hearing re analysis of Asimos’ defenses.
Andrew Winetroub 10/14/15 1.40 Legal analysis re contempt hearing preparation
: Legal research and analysis re contempt hearing; preparation of outline for
bac dhelhece ponents Pe contempt hearing argument and Asimos cross-examin:
Further preparation for contempt hearing; legal research and analysis re proof
pe inetcu peer? ae and presentation of evidence at hearing.
Legal research and analysis re contempt hearing evidence rules and
i procedure; preparation of supporting declaration in support of contempt
Andrew Winetroub aoraeits. a judgment; preparation of request for judicial notice for admission of evidence;
legal analysis re hearing strategy.
Further preparation of Declaration and Request for Judicial Notice for hearing;
‘Andrew Winetroub 40/20/15 6.10 preparation of all materials and documents necessary for Contempt Hearing;
phone calls with Court Clerk re case file in courtroom; legal research and
analysis re Declaration opposing contempt filed by opposing counsel.
Page 10 0f14000038 80191 - Thompson v. Asimos - Attorney Time
07/24/15 - 12/34/15
Staff Member Date
Hours
Notes
Andrew Winetroub 10/21/15
Andrew Winetroub 10/22/15
Andrew Winetroub 10/23/15
Andrew Winetroub 10/26/15
Andrew Winetroub 10/28/15
Andrew Winetroub 10/30/15
4.20
2.80
2.10
1.70
4.40
Further preparation for Contempt Hearing and preparation of all Contempt
Hearing materials; preparation of documents following Hearing per Court's
request.
Further preparation of and filing Request for Judicial Notice with Court; receipt
and review of correspondence from opposing counsel re filings opposing
contempt; legal analysis re declaration of Asimos bankruptcy counsel; receipt
and review of file-endorsed copy of Request for Judicial Notice from Court.
Preparation of courtesy copy of Request for Judi Notice to lodge in judge's
chambers; legal analysis re bankruptcy stay argument in contempt hearing;
further preparation of Judgment of Contempt.
Legal analysis re rebutting Asimos’ arguments at contempt hearing; legal
research and analysis re rules on court reporters per opposing counsel's
request.
Phone calls with Superior Court re Asimos’ lodging of original authorization
form; preparation of Proposed Judgment of Contempt.
Legal research and analysis re Asimos pre-hearing filings and compliance
with statutory requirements; legal research and analysis re witness testimony
in contempt hearing; legal analysis re conduct of contempt hearing and
strategy.
Page 11 of 14000038 80191 - Thompson v. Asimos - Attorney Time
07/24/45 - 12/34/15
Staff Member Date Hours Notes.
Further preparation of Proposed Judgment of Contempt; legal analysis re
Asimos filings for hearing; final preparation of materials for contempt hearing;
legal analysis of Court's Order, preparation of Judgment of Contempt and
Notice of Noncompliance With Court Order.
Andrew Winetroub 11/02/15 3.20
Further preparation of Notice of Failure to Comply and Supporting
Andrew Winetroub 11/03/15 3.70 Declaration; preparation of Judgment of Contempt and Contempt Order; legal
analysis re scope of Court's oral orders in hearing
Receipt and review of correspondence from Superior Court re filing; further
preparation of Notice of Failure to Comply and Supporting Declaration;
preparation of service on opposing counsel re Notice and Declaration; further
preparation of Judgment and Order.
Andrew Winetroub 11/04/15 4.10
Legal research and analysis re attorneys’ fees in contempt proceedings;
: preparation of moving papers re Motion For Attorneys’ Fees; preparation of
Andrew Winetroub 11/05/15 2.60 courtesy copy of Notice of Failure To Comply and Declaration for Judge
Jackson; preparation of service on opposing counsel re filed Notice and
Declaration.
Further preparation of moving papers re attorneys’ fee moti
Andrew Winetroub 11/06/15, 3.10 and analysis re reasonableness standard for attorneys’ fee:
proceedings.
legal research
contempt
Andrew Winetroub 11/0715 0.90 Further preparation of moving papers re attorneys’ fees motion.
Receipt and review of correspondence from Asimos' counsel re signed
Andrew Winetroub 11/09/15 3.20 authorization form; preparation of letter to Carr McClellan re disbursement of
funds; preparation of email to opposing counsel re authorization form.000038 80191 - Thompson v. Asimos - Attorney Time
07/2145 - 12/31/15
Staff Member Date
Hours
Notes
Andrew Winetroub 11/10/15
Andrew Winetroub A115
Andrew Winetroub T1N2N5
Andrew Winetroub TASS
Andrew Winetroub MNS
Andrew Winetroub ANTS
Andrew Winetroub 11/18/15,
Andrew Winetroub 11/2015
1.70
2.20
3.60
2.90
240
4.30
0.30
Further preparation of letter to Carr McClellan; preparation of mailing to
Asimos trial and bankruptcy counsel re Carr McClellan funds
Further preparation of Contempt Order and Judgment; legal research and
analysis
Preparation of letter enclosing proposed Order and Judgment for Judge's
chambers, preparation of all papers and materials for next day's hearing; legal
analysis re arguments at upcoming hearing
Legal research and analysis re Civil Procedure Code on requirements for
appellate stay; legal analysis re Judge's orders at hearing; preparation of
Notice of Entry of Order and Notice of Entry of Judgment; legal analysis re
requirements for Judge's bench warrant.
Phone calls with clerk of SF Superior Court re bench warrant procedures;
preparation of letter to court re required bench warrant information; legal
research analysis re civil bench warrants
Phone calls with clerk of SF Superior Court re bench warrant issuance and
procedures; legal research and analysis re creditor's responsibilities for civil
bench warrants; receipt and review of correspondence from SF Superior
Court re filing of Notice of Entry of Order; legal research and analysis re
attorneys’ fees in contempt actions
Phone call with Sonoma Sheriff's Office re bench warrant execution
procedures; phone call with SF Sheriff re civil bench warrant procedures;
phone calls with clerk of SF Superior Court re civil bench warrant and notice
of status hearing; legal research and analysis re Memorandum of Costs with
attorneys’ fees motion; preparation of materials for status hearing on Friday.
Legal analysis re Order to Transfer Funds and Order post-status hearing.
Page 130f14000038 80191 - Thompson v. Asimos - Attorney Time
07/21/15 - 12/31/15
Staff Member Date Hours, Notes
. , Preparation of Notice of Entry of Order re Superior Court's order following
Andrew Winetroub 12/07/15 0.90 November 20 hearing; receipt and review of correspondence from clerk of
Superior Court re entry of order.
Andrew Winetroub 12/23/15 2.40 Further preparation of motion for attorneys’ fees.
Phone calls with SF Superior Court re hearing date for attorneys’ fees motion;
legal research and analysis re attorneys’ fees awarded in SF Bay Area; legal
Andrew Winetroub 12129115 3.80 analysis re deadlines for attorneys’ fees motion; further preparation of
attorneys’ fees motion.
, Further preparation of Motion for Attorneys’ Fees; further preparation of
‘aiiiidnnihiad sida +t Declaration in support of Motion for Attorneys’ Fees.
Andrew Winetroub 12/31/15 4.20 Further preparation of Motion for Attorneys’ Fees and Declaration in support
Subtotal - Andrew Winetroub 172.70
TOTAL HOURS - ALL STAFF 241.70Kyle
Law
Corporation
Cow nN a
10
ul
2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
28
Thompson v. Asimos
San Francisco Superior Court Case No. CGC-11-514980
PROOF OF SERVICE
I, the undersigned, state:
Jam a citizen of the United States. My business address is 230 California Street, Suite 600,
San Francisco, California 94111. I am employed in the City and County of San Francisco. I am
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:
DECLARATION OF STEPHAN E. KYLE IN SUPPORT OF MOTION FOR
ATTORNEYS’ FEES
on the following person(s) in this action by placing a true copy thereof enclosed in a 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.
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.
Dated: January 4, 2016
ANDREW H. OUB
-10-
DECLARATION OF STEPHAN E. KYLE IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES
CGC-11-514980
Preview
Kyle Law Corporation Ce ND HA A 10 ul 12 1B 14 15 16 7 18 19 20 21 2 23 24 25 26 27 28 STEPHAN E. KYLE (SBN 158075) ANDREW H. WINETROUB (SBN 291847) KYLE LAW CORPORATION 230 California Street, Suite 600 San Francisco, CA 94111 Telephone: (415) 839-8100 FILED. Facsimile: (415) 839-8189 peered Email: skyle@kylelawcorp.com ree Sr ean rranciece ian 01/05/2016 Attorneys for Plaintiffs JASON EVERETT THOMPSON and ey noensuseeett WIRED REAL ESTATE GROUP, INC. Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF.SAN FRANCISCO JASON EVERETT THOMPSON and WIRED REAL ESTATE GROUP, INC., CASE NO. CGC-11-514980 Plaintiffs, DECLARATION OF STEPHAN E. v. KYLE IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES DEAN GREGORY ASIMOS, dba DRAKE REALTY, DATE: FEBRUARY 3, 2016 TIME: 1:30 P.M. Defendant. DEPT.: 503 AND RELATED CROSS-ACTION. I, STEPHAN E. KYLE, declare: 1. The matters set forth in this declaration are true of my own knowledge, and if called as a witness, I could and would competently testify thereto. 2. I am an attorney at law, duly licensed to practice before all the courts of the State of California. I ama shareholder of the Kyle Law Corporation, located at 230 California Street, Suite 600, San Francisco, California 94111, attorneys for Plaintiffs Jason Everett Thompson and Wired Real Estate Group, Inc. (“Plaintiffs”) in the above-entitled action. Experience of Counsel 3. I graduated from the Indiana University-Bloomington Maurer School of Law in 1991. -1- DECLARATION OF STEPHAN E. KYLE IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES CGC-11-514980Kyle Law Corporation BR wWwoN oe IN Aw 10 W 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. I was admitted to the California Bar in 1992. 5. Immediately prior to founding Kyle Law Corporation in June 2009, I served as Managing Partner of Kenney & Markowitz,.LLP from November 2003 through June 2009. 6. I was employed as an associate attorney at Kenney & Markowitz from October 1994 through 1999, at which time I took a position as General Counsel and Chief Operating Officer of Decimal, Inc. in San Francisco. 7. I also worked as an associate attorney at Bennett & Rowland, LLP in San Francisco from the time of my admission to the California Bar through October 1994, 8. In all, I have been a practicing attorney for more than twenty-three (23) years. My practice has included extensive litigation work, mainly in business and commercial matters. 9. Iam AV-rated by Martindale-Hubbell and am recognized as a Northern California SuperLawyer. 10. Andrew H. Winetroub (“Winetroub”) is an attorney at Kyle Law Corporation. He has been employed as an attorney at the firm since December 2013. 11. | Winetroub graduated from the Indiana University-Bloomington Maurer School of| Law in 2013. 12. Winetroub was admitted to practice in December 2013. Actions Taken By Counsel In Contempt Proceedings 13. These contempt proceedings were initiated by Plaintiffs because of Defendant Dean Gregory Asimos’ (“Asimos”) continued noncompliance with the order and permanent injunction of| this Court entered on August 23, 2013 (the “Permanent Injunction”). 14. On July 30, 2015, I sent a letter to counsel for Asimos enclosing an authorization form for Asimos to sign pursuant to his obligations under the Permanent Injunction, which related to the distribution of certain settlement funds held in trust by the law firm of Carr McClellan, P.C. This letter was intended to. provide Asimos with a final opportunity to comply with the terms of the Permanent Injunction prior to the filing of a new Motion to Show Cause re Contempt. 15. Asimos failed to deliver the required authorization form by the deadline we established. Instead, on August 12, 2015, I received an email from counsel for Asimos expressing 2- DECLARATION OF STEPHAN E. KYLE IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES CGC-11-514980Kyle Law Corporation 0 me NDA HA BR WN 10 WW 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 her belief that no further signature by Asimos to the authorization form was required. 16. Substantial legal research was conducted on the contempt procedure and evidentiary standards. 17. Plaintiffs prepared and filed a Motion For Order To Show Cause re Contempt and related moving papers on August 14, 2015. This filing was rejected by the Superior Court, in part, because of the retirement of the trial court judge, the Hon. Wallace P. Douglass. 18. In turn, I exchanged correspondence with Judge Douglass and Asimos’ counsel on August 18 and August 19, 2015. I initiated this correspondence due to the fact that it was Judge! Douglass’ Permanent Injunction with which Asimos had failed to comply. In response, Judge’ Douglass informed Asimos’ counsel and me that re-filing in the Master Calendar Department was the appropriate course of action. 19. On August 21, 2015, Plaintiffs re-filed the Notice of Motion, the Motion For Order To Show Cause re Contempt (the “Motion”), my Declaration with supporting exhibits (a seventy-one' (71) page document), and the Proposed Judgment and Order. 20. Following the filing and service of the Motion, Asimos filed an Opposition to the Motion and a supporting declaration of his counsel on September 14, 2015. The Opposition cited) eighteen (18) cases in support of its arguments and made a claim for sanctions against Plaintiffs and me. Further legal research was conducted with respect to Asimos’ Opposition and the cases cited in| support thereof. 21. Plaintiffs prepared and filed a Reply in support of the Motion, as well as my Supplemental Declaration with supporting exhibits, on September 17, 2015. 22. On September 24, 2015, I appeared at the hearing on the Motion on behalf of Plaintiffs. At that time, the Court entered an Order to Show Cause re Contempt (the “OSC re Contempt”). The Order to Show Cause re Contempt ordered Asimos and his counsel to appear on October 21, 2015 to} show cause why a judgment of contempt should not be entered. 23. On October 20, 2015, I received from Asimos’ counsel a declaration in advance of the! hearing on the OSC re Contempt. The declaration of Asimos’ counsel discussed Asimos’ appeal of| the judgment entered against him in addition to seeking sanctions against Plaintiffs and me. Further| 3+ DECLARATION OF STEPHAN E. KYLE IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES CGC-11-514980Kyle Law Corporation oC Oe ND HW 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 legal analysis of the appellate papers was required in preparation for the hearing. 24. On October 21, 2015, I appeared at the first hearing on the OSC re Contempt. After a brief presentation of the parties’ respective positions, the hearing was continued by the Court in order] to allow the parties an opportunity to exchange evidence prior to the next hearing on the OSC re Contempt. The continued hearing date was set for November 2, 2015. 25. On October 22, 2015, Plaintiffs filed a Request For Judicial Notice In Support Of| Judgment of Contempt. My firm prepared the one-hundred twenty-one (121) page submission on behalf of Plaintiffs. 26. On October 29, 2015, my firm received documents filed by Asimos in the matter, including Asimos’ opening brief in the Court of Appeal (a seventy-seven (77) page document) and the Proposed Statement of Decision issued by Judge Douglass on May 30, 2013. 27. On October 30, 2015, my firm received the declaration of Asimos’ bankruptcy counsel filed by Asimos. Further legal analysis of the papers filed by Asimos was required in preparation for| the hearing. 28. On November 2, 2015, I appeared at the second hearing on the OSC re Contempt. At that time, the Court found Asimos guilty of contempt. The Court also ordered Asimos to execute and deliver the authorization form to my offices by no later than the end of November 2, 2015. The. Court} also set a further status conference on the contempt proceedings for November 13, 2015. 29. After not receiving an executed authorization form for two days beyond the deadline} established by the Court, my office was required to prepare, file, and serve a Notice of Defendant’s Failure To Comply as well as my Declaration in support thereof. These documents were filed and served on November 4, 2015. 30. On November 9, 2015, an undated an unnotarized authorization form was delivered to my offices by a messenger service. The authorization form was not accompanied by a letter from counsel but appeared to bear Asimos’ signature. The authorization form was undated and my firm was unable to ascertain the authenticity of the signature. Further correspondence with Asimos’ counsel was required, without response. 31. On November 10, 2015, I had the authorization form hand delivered to Carr McClellan 4. DECLARATION OF STEPHAN E. KYLE IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES CGC-11-514980Kyle Law Corporation Cem WD WA PF Ww NY MPN NY NY YN NN NY Se ee Be Be Be ew ewe eH eo YN DH BR YBN F&F Seo we KN AA BBY FS SD along with a letter requesting immediate disbursement of the settlement funds. Following the firm’s| receipt of my letter and the authorization form, I engaged in further discussions with Carr McClellan regarding release of the settlement funds to Plaintiffs. Those discussions did not produce the distribution of the settlement funds, as requested. 32. My firm prepared and served on Asimos’ counsel drafts of the Judgment of Contempt and Contempt Order on November 11, 2015. The Judgment of Contempt and Contempt Order were lodged with the Court on November 12, 2015. 33. - On November 13, 2015, I appeared at a status hearing in this matter. Asimos and his counsel failed to appear at the hearing. The Court signed and entered the Judgment of Contempt and the Contempt Order. Among other things, the Order and Judgment ordered Asimos to pay the reasonable attorneys’ fees and costs incurred by Plaintiffs in connection with the contempt! proceedings. Subsequently, my firm prepared the Notice of Entry of the Judgment of Contempt and| the Contempt Order, which were filed by Plaintiffs. 34. The Court ordered a $50,000 bench warrant for Asimos’ arrest and raised the possibility of contempt proceedings against Asimos’ counsel for the failure to appear at the November 13, 2015. 35. Pursuant to the Court’s instruction at the November 13, 2015 hearing, my firm! provided the Court with identifying information for Asimos in order to facilitate the entry of the Civil Bench Warrant for his arrest. Accordingly, on November 17, 2015, the Court issued its Civil Bench Warrant against Asimos. 36. | On November 18, 2015, my offices received a call from the Court. At that time, my firm was given notice that a further status hearing in the matter would be held on November 20, 2015. 37. At that time, I was engaged in further discussions with Carr McClellan regarding release of the settlement funds. I was told by Carr McClellan that the firm was not willing to disburse the funds pursuant to the authorization form because of its lack of indicia of authenticity. We also exchanged correspondence that concerned, in part, Asimos’ failure to comply with orders made by the Court in these proceedings. As such, I notified Carr McClellan of the November 20, 2015 hearing, which, ultimately, resulted in an appearance by an attorney from the firm in these proceedings and an 5- DECLARATION OF STEPHAN E. KYLE IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES CGC-11-514980Kyle Law Corporation BR WN Co on a 10 11 12 13 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 order directing Carr McClellan to release the funds to Plaintiffs. Prior to the hearing, I corresponded with Asimos’ counsel, including providing notice of the filing of a declaration and proposed order by Carr McClellan seeking an order of the Court instructing the firm to distribute the funds held in trust! to Plaintiffs. 38. On November 20, 2015, I appeared at the status hearing calendared by the Court. An| attorney from Carr McClellan, Robert A. Bleicher, also appeared at the hearing. Following the hearing, I prepared the Notice of Entry of Order regarding the order directing Carr McClellan to telease the funds. At the request of the Court, I also prepared the Order regarding the November 20, 2015 hearing on the OSC re Contempt. On December 3, 2015, the Court entered the Order Regarding} the 11/20/2015 O.S.C. Hearing re Contempt. 39. In order to properly prepare for each of the five (5) hearings in these contempt proceedings, my firm devoted significant time and resources to conducting the necessary legal research and analysis. Similar amounts of time were required to prepare each filing in the matter, as it was our burden to establish Asimos’ guilt beyond a reasonable doubt. Proof of Fees and Costs 40. Attached hereto as Exhibit A is a spreadsheet of hours incurred by Jason Everett Thompson and Wired Real Estate Group, Inc. arising from the services performed by Kyle Law Corporation in connection with the contempt proceedings against Asimos. I have prepared this spreadsheet as a summary of billing records in order to protect the confidentiality of attorney-client communications contained within billing records and my contemporaneous communications with the client. 41. I prepared the attorney fee spreadsheet based on my review of contemporaneously maintained time records, and the application of my personal knowledge and recollection of the facts and circumstances surrounded the events described therein. It is my firm’s policy that all time entries are to be recorded by the individual performing the work at or about the time the work is performed. I have reviewed these entries and they accurately reflect the work performed and billed to the client for this matter. 42. Based on my firm’s research into legal fees for comparable work in the San Francisco -6- DECLARATION OF STEPHAN E. KYLE IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES CGC-11-514980Kyle Law Corporation CON DAH BP Ww 10 ul 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 28 Bay Area, reasonable billing rates for attorneys with my level of experience can be as high as $562 per hour. For attorneys with Winetroub’s level of experience, reasonable billing rates can be as high as $275 per hour. 43. My normal hourly rate is $425 per hour and Winetroub’s normal rate is $250 per hour. However, my firm’s fee agreement with Plaintiffs stated that the firm would bill Plaintiffs at a discounted rate of $375 per hour for my time and $195 per hour for Winetroub’s time. 44. In total, I billed Plaintiffs a total of 67.0 hours in this matter as of December 31, 2015. Multiplying those hours by my billing rate of $375 per hour results in a total amount of $25,125 in fees for work performed by me in these contempt proceedings. 45. Intotal, Winetroub billed Plaintiffs a total of 172.7 hours in this matter as of December 31, 2015. Multiplying those hours by Winetroub’s billing rate of $195 per hour results in a total amount of $33,676.50 in fees for work performed by Winetroub in these contempt proceedings. 46. A paralegal at my firm, Gabriel Corpuz (“Corpuz”), assisted with hearing preparation in these contempt proceedings. Corpuz billed a total of 2.0 hours in this matter. My firm’s fee agreement with Plaintiffs provided for paralegal time to be billed at a rate of $125 per hour. As such, the total amount Plaintiffs’ were billed for Corpuz’s time is $250. 47. In addition, Section 1218(a) of the Code of Civil Procedure provides for the recovery of reasonable costs incurred in connection with the contempt proceeding. The description and amount of costs incurred in these contempt proceedings follows: TABLE OF COSTS INCURRED Cost Description Amount Filing & Motion Fees/ Service of . $339.02 Process/Lodging of Courtesy Copies/Messenger Delivery Postage $30.48 KLC Misc — Westlaw Legal Research, Copying Charges $781.35 -T- DECLARATION OF STEPHAN E. KYLE IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES CGC-11-514980Kyle Law Corporation CO QYN DAH PF Ww NY NN YN YN N NY NY Fe Be ewe Be ew ewe ewe eB ee ert AA RF YW NHN fF Soe IN DAA RB wBWwN FE SS TOTAL | $1,150.85 Excluded Attorneys’ Fees and Costs 48. I have reviewed the comprehensive billings in this matter and, based upon my review, we have excluded all hours for which we expressly do not seek compensation through this motion because they relate to, primarily, (i) time spent by Winctroub appearing at hearings that would produce duplicative billings and (ii) time spent by my firm preparing work product that is not directly related to these contempt proceedings. 49. | While Winetroub’s appearances at hearings in this matter benefitted my firm’s|- representation of Plaintiffs, I have exercised discretion in excluding those hours from this fee application. I was primarily responsible for the presentation of argument and evidence at hearings in this matter. As such, I have not billed Plaintiffs for these hours nor do we make a claim for such! hours in this motion. 50. Additionally, I have excluded hours expended by attorneys in my firm on matters not directly involving these contempt proceedings, despite the fact that the proceedings raised a number of outside issues on which my firm was required to devote time and resources. In particular, my firm spent a substantial number of hours preparing a Motion to Dismiss Asimos’ appeal of the underlying judgment in the Court of Appeal. This Court adjudging Asimos guilty of contempt beyond a reasonable doubt in the Judgment of Contempt was a significant factor in my firm’s decision to file the Motion to Dismiss in the Court of Appeal. But, I have deemed the time spent by my firm in the]. preparation and filing of the Motion to Dismiss to be non-recoverable because, ultimately, the work concerned matters unrelated to these contempt proceedings. 51. In other words, the hours listed on Exhibit A relate entirely to the contempt proceedings. Additional Fees Through to Disposition of the Motion 52. I have been involved in my firm’s preparation of the motion for attorneys’ fees and costs, including the drafting of this supporting declaration, the memorandum of points and authorities, -8- DECLARATION OF STEPHAN E. KYLE IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES CGC-11-514980Kyle Corporation 0 ON DW 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 28 the spreadsheet of the fees and costs. Winetroub has also been integrally involved in the preparation of the motion, the memorandum of points and authorities, the supporting declaration, and the research into fee rates in the San Francisco Bay Area. 53. Lexpect to expend two (2) additional hours preparing the reply in support of the motion for attorneys’ fees and an additional three (3) hours preparing for and appearing at the hearing on the motion. At the rate of $375 per hour, my total additional fees for seeing this motion through to disposition amount to $1,875. 54. Lexpect Winetroub to expend ten (10) additional hours preparing the reply in support| of the motion for attorneys’ fees. At the rate of $195 per hour, Winetroub’s total additional fees for seeing this motion through to disposition amount to $1,950. Total Amount of Fees and Costs 55. The total amounts billed by me, Winetroub, and Corpuz added together, along with the amounts required to see the motion through to disposition and costs incurred, amount to a total request by Plaintiffs of fees and costs $64,027.35. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 4th day of January, 2016, at San Francisco, California. C PHAN E. KYLE -9- DECLARATION OF STEPHAN E. KYLE IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES CGC-11-514980Exhibit A000038 80191 - Thompson v. Asimos - Attorney Time 07/21/45 - 12/3415 Staff Member Date Hours. Notes Attorney conference re further efforts to obtain release of trust funds; further Stephan Kyle Ovre7I18 0.50 preparation of letter to opposing counsel Stephan Kyle 07/28/15 0.40 a analysis re contempt damages available; attorney conference re Further analysis re contempt proceedings; finalize letter to attorney J. Barsotti Stephan Kyle 07/3015 0.80 with final opportunity to comply with permanent injunction; email same to attorney Barsotti Further preparation of Motion for Order to Show Cause re Contempt; analysis ‘Stephan Kyle 08/11/15 0.80 of procedural history and prior acts of non-compliance by Asimos; attorney conference re same; direct further drafting to be performed Further preparation of motion for order to show cause re contempt; attorney Stephan Kyle 08/12/15 0.50 conference and direct further preparation efforts; emails from and to attorney J. Barsotti in response to our request for immediate signature of authorization Stephan Kyle 08/14/15 1.00 Further preparation of motion for OSC re Contempt; direct filing and service Email to Judge Douglass with case update and forwarding courtesy copy of Stephan Kyle Liahali pa moving papers re Motion for OSC re Contempt Email from Judge Douglass stating his full retirement and directing us to Stephan Kyle 08/19/15 0.40 contact Presiding Judge re Motion for OSC re contempt; attorney conference and direct further handling efforts Preparation of updated moving papers per instruction from Presiding Judge; Stephan Kyle Sauda ean) attorney conference and direct filing and service efforts; Email to Judge Wallace re case re-assignment; attorney conference and Stephan.Kyle 08/25/15 0.50 direct further efforts seek hearing in the Dept of the Presiding Judge; legal analysis re contempt proceedings Page t of 14000038 80191 - Thompson v. Asimos - Attorney Time 07/21/15 - 12/34/15 Staff Member Date Hours Notes : Receipt and review of Asimos’ Opposition to our Motion for OSC re Contempt; Stephan Kyle 09/14/15 1.10 legal analysis of cases cited by defendant; attorney conference and direct further legal research in light of new arguments advanced Further preparation of reply in support of motion for order to show cause re Stephan Kyle pana eo contempt; further legal analysis re burden of proof and stay issues Stephan Kyle 09/16/15 0.50 Further legal analysis re appellate stay issues and preparation of reply brief Further preparation of and finalize reply and supplemental supporting Stephan Kyle oats neo declaration in support of motion for OSC; direct filing efforts Confirm successful filing of Reply brief and supporting papers; direct efforts to Stephan Kyle 09/21/15 0.30 lodge courtesy copies with chambers; attorney conference re preparation for hearing Stephan Kyle 09/22/15 0.60 Preparation for hearing on Motion for Order to Show Cause re contempt Preparation for hearing on Motion for Order to Show Cause re Contempt; Stephan Kyle 09/23/15 1.00 attomey conference re same Further prepare for and attend hearing on motion for order to show cause re contempt; successfully argue motion and obtain OSC re contempt; file and Stephan Kyle peau 2.80 serve same on opposing counsel per court order; telephone calls from court clerk re hearing date change Direct further handling of Notice of Entry of Order and legal work to be done in Stephan Kyle pene a advance of Contempt Trial proceedings Stephan Kyle 40/05/15 0.80 Legal analysis re contempt charge hearing, evidence requirements and standard of proof; direct legal research re same. Page 2 0114000038 80191 - Thompson v. Asimos - Attorney Time 07/24/15 - 12/31/15 Staff Member Date Hours Notes Stephan Kyle 40/16/15 4.20 ° Preparation for hearing on Order to Show Cause re contempt; legal analysis re burden of proof and evidentiary issues Further preparation for contempt trial proceedings; analysis re burden of proof Stephan Kyle 10/19/15 2.50 and evidence issues; further preparation of and finalize status report to client; email same Further preparation for contempt trial proceedings; receipt of fax of service Stephan Kyle 10/20/15 3.40 documents from attorney Barsotti in connection with contempt hearing; attorney conference and legal analysis re impact of same Further preparation for and attend hearing on contempt proceedings; post- hearing discussion with opposing counsel; direct further preparation of Stephan Kyle Saleh Pa documents at request of court in connection with further hearing date; legal analysis re bankruptcy issues and appellate stay issues Further preparation of Request for Judicial Notice; direct filing efforts; analysis Stephan Kyle ae pa of declaration of attorney J. Angelo re contempt charge; Further attention to evidence needed to meet proof requirements on contempt Stephan Kyle edd nea charge; emails with attorney Barsotti re court reporter Stephan Kyle 10/27/15 0.20 Email from attorney Barsotti re court reporter for contempt proceeding; analysis re same Further preparation of further contempt trial hearing; preparation of proposed form of Judgment; attorney conference and direct further investigation into Stephan Kyle neste a whether defendant deposited the original signed authorization with the Clerk of the Court Stephan Kyle 40/30/15 4.30 Preparation for further contempt trial hearing; receipt and review of filings made by Defendant Asimos; attorney conference re same Page 3 of 14000038 80191 - Thompson v. Asimos - Attorney Time 07/24/15 - 12/3115 Staff Member Date Hours Notes Stephan Kyle 11/02/15, Stephan Kyle ~ 11/04/15, Stephan Kyle 11/06/15 Stephan Kyle 11/09/15 Stephan Kyle 41/10/15 ‘Stephan Kyle AMIS Stephan Kyle 1125 5.30 0.90 1.80 Preparation for and attend contempt trial hearing in San Francisco Superior Court; successfully obtain judgment of contempt against Defendant Asimos; post-hearing discussion with Defendant's counsel requesting immediate signature of the authorization per Court order; post-hearing analysi ight of Defendant's failure to sign authorization and further contempt proceedings Further preparation of Notice of Non-Compliance and Supporting Declaration; direct filing efforts; analysis re proposed order and judgment on the contempt charge Attorney conference re preparation of motion for attorneys’ fees; legal analysis and direct further efforts Receipt of executed authorization from attorney Barsotti; analysis re lack of date and notarization; email to attorney Barsotti re date to be inserted on authorization Further preparation of letter to Carr McClellan with signed authorization; legal analysis re same; direct messenger delivery of same Preparation of Motion for attorneys' fees; legal analysis and further preparation of proposed order and judgment of contempt; email same to attorney Barsotti for review and approval; attorney conference re further status hearing Preparation for further hearing on Contempt proceedings; telephone calls to and from Carr McClellan re disbursement of Astound settlement funds to Mr. Thompson; direct lodging of Proposed Order and Judgment with court; email to attorney Barsotti forwarding transmittal letter to Judge Jackson and Proposed Order and Judgment Page 4 of 14000038 80191 - Thompson v. Asimos - Attorney Time 07/21/15 - 12/31/45 Staff Member Date Hours Notes Stephan Kyle V1N3N5 Stephan Kyle 14NeNs Stephan Kyle A7NS Stephan Kyle . 11/18/15, Stephan Kyle 119/15 Stephan Kyle 11/20/15 0.80 1.20 2.10 1.40 4.60 Further preparation for and attend further hearing on Contempt charge; obtain signed Order and Judgment of Contempt; discussions with Judge and court personnel re bench warrant issued against Asimos and OSC re contempt to be issued against attorney Barsotti; post-hearing analysis; telephone call from Carr McClel i authority; attention to further information requested by court in connection with _ bench warrant to be issued Further attention to bench warrant logistics; attorney conference re same; legal analysis re motion for attorney fees; analysis re further hearing on contempt proceedings Further preparation of Motion for attorneys' fees; legal analysis re bench warrant Further preparation of motion for attorneys fees; receipt of notice of further hearing on contempt charge; email to Carr McClellan attorney R. Bleicher advising of hearing and suggesting his appearance to obtain further clarification needed from court/Asimos; preparation for further hearing on contempt charge Emails with attorney R. Bleicher and receipt of proposed declarations and order to be presented to court at hearing directing trust funds to be distributed; email to attorney J. Barsotti to provide notice of appearance of attorney Bleicher at hearing; preparation for further hearing Further preparation for and attend further hearing on contempt charge; pre- and post-hearing discussions with Carr McClellan attorney R. Bleicher re release of trust funds; preparation of substantive proposed order as directed by the Court; preparation of Notice of Entry of Carr McClellan order re release of trust funds; attention to filing and service of same; email to attorney R. Bleicher requesting wire transfer of trust funds; email proposed order on further contempt proceedings to attorney J. Barsoiti for review prior to ‘submission to court Pogo Sof 14000038 80191 - Thompson v. Asimos - Attorney Time 07/21/15 - 12/3115 Staff Member Date Hours Notes Receipt of Order Recalling Bench Warrant; further preparation of proposed order from November 20 hearing; prepare transmittal letter to the court for Stephan Kyle 11/24/15 1.00 messenger delivery; email to attorney J. Barsotti copy of letter and proposed order; confirm successful filing of Notice of Order Instructing Disbursement of Carr McClellan funds Analysis re signed Order re 11.20.2015 Hearing; direct preparation of of Stephan Kyle 1210715 0.20 Notice of Entry and service Legal analysis re Lodestar calculation for attorney fee claim; direct further Stephan Kyle t2r22is 0.80 preparation of Motion for Attorneys’ Fees and supporting declaration Further preparation of Motion for Attorney fees; legal analysis re lodestar Stephan Kyle 12/2915 1.20 calculations; attention to preparation of chart of attorney time to be attached to declaration Further preparation of Motion for Attorneys’ Fees and supporting declaration Stephan Kyle : 12/80/18 1.70 with chart of attorney time; legal analysis re same . Further preparation and finalize Motion for Attorneys' Fees and Supporting Stephan kyle aki 4 Declaration; attorney conference re same Subtotal - Stephan Kyle 67.00 7 Preparation of attorney notebook for upcoming hearing on Motion For Order Gabriel Corpuz sila nit To Show Cause Re Contempt; tab and index pleadings re same. rl Preparation of Request for Judicial Notice In Support of Judgment of Gabriel Corpuz ee a0 Contempt and supporting declaration; tab, mark and index pleadings re same. Subtotal - Gabriel Corpuz 2.00 Page 6 of 14000038 80191 - Thompson v. Asimos - Attorney Time 07/21/15 - 12/3115 Staff Member Date Hours Notes Preparation of letter to opposing counsel re authorization for release of Carr poe neta ice a McClellan funds; preparation of authorization for disbursement of funds form. Andrew Winetroub 07/28/15 2.10 Legal research and analysis re civil contempt in California. Further preparation of Authorization for Disbursement of Funds for letter to Andrew Winetroub 07/30/15 0.80 Asimos counsel; legal analysis for letter to opposing counsel re order to show cause re contempt. Andrew Winetroub 08/04/15 1.40 Legal research and analysis re California civil contempt procedure ‘Andrew Winetroub 08/05/15 4,00 Legal research and analysis re California ci ind criminal contempt procedures. a Preparation of motion for order to show cause re contempt; legal research re Andrew Winetroub 7 tila a evidence to support motion for contempt. _ Andrew Winetroub 08/07/15 3.80 oe preparation of motion for OSC re contempt; preparation of notice of C Further preparation of motion for contempt and notice of motion; preparation Andrew Winetroub eeriors| 5.20 of declaration in support of motion, proposed order and proposed judgment. Further preparation of moving papers for order to show cause re contempt; Andrew Winetroub 08/11/15 6.10 legal research and analysis re evidence of Asimos’ behavior post-issuance of permanent injunction. 7 Further preparation of moving papers re order to show cause re contempt; Saab ntiicd ee ter? a legal analysis re filing of moving papers. Legal research re filing motion for order to show cause re contempt in SF Andrew Winetroub 08/14/15 5.80 ‘Superior Court; further preparation of moving papers for filing in SF Superior Court; legal research and analysis re authority for contempt sanctions sought. Page 7 of14000038 80191 - Thompson v. Asimos - Attorney Time 07/21/15 - 12/34/15 Staff Member Date Hours Notes Andrew Winetroub 08/17/15 0.60 Phone calls to and from SF Superior Court cin lings office re requirement for courtesy copies of moving papers. Phone calls to SF Superior Court staff re motion for contempt; receipt and Andrew Winetroub 08/18/15 1.90 review of correspondence from court clerk; legal research and analysis re motion for order to show cause re contempt hearings and procedures. ‘Andrew Winetroub 08/19/15 0.60 Legal analysis re motion hearing issues due to Judge Douglass’ full retirement. Andrew Winetroub 08/20/15 0.80 Further preparation of moving papers for motion for OSC re contempt Andrew Winetroub 08/21/15 240 Further preparation and filing of motion for OSC re contempt. Analysis re correspondence from SF Superior Court accepting our filed i Motion for Order to Show Cause re Contempt; legal research and penne aes pee hia correspondence with court re electronic service and courtesy copy requirements; preparation of courtesy copy of motion for SF Superior Court Andrew Winetroub 08/26/15 0.50 Attention to courtesy copy of moving papers for SF Superior Court Legal research and analysis re Opposition to OSC motion filed by Asimos; pede epee eur. Peete eee preparation of Reply To Opposition filed by Asimos. Further preparation of Reply to Asimos’ Opposition to OSC re contempt. i motion; preparation of Declarati ‘support of Reply; receipt and review of pratee i rinetae, A a correspondence from opposing counsel re Opposition to Motion; legal research and analysis re arguments replying to filed Opposition to Motion. Legal analysis re SF Superior Court docket for file endorsed copies of Asimos Andrew Winetroub 09/16/15, 2.10 gs this week; further preparation of Reply and Declaration in response to Asimos Opposition to contempt motion. Page 6 of 14000038 80191 - Thompson v. Asimos - Attorney Time 07/21/45 - 12/34/15 Staff Member Date Hours Notes : Further preparation of Reply and Declaration re response to Asimos’ ieladeiadahietaaihenee Pee? 2.40 Opposition to contempt motion; preparation of filing with SF Superior Court. : Receipt and review of filing confirmation email from SF Superior Court re Pere tpetoup 09/18/15 0.20 Reply to Asimos Opposition to contempt motion. Legal analysis re filed papers in SF Superior Court; preparation of courtesy copy of Reply papers fi SF Superior Court; legal research and analy peeeeeeine eer 09/2115 1.40 re tentative ruling procedure in Dept. 206 of SF Superior Court; legal analysis re hearing preparation. Andrew Winetroub 09/22/15 0.40 Phone calls with SF Superior Court clerk re Thursday morning's hearing. Legal analysis re OSC motion hearing; preparation of hearing materials for Andrew Winetroub 09/23/15, 2.80 OSC motion hearing; legal research and analysis re appellate stay of enforcement issue Preparation for Hearing on OSC re Contempt Motion; legal analysis re Order Andrew Winetroub 09/24/15 1.90 granted by Court; legal research and analysis re burden of proof at contempt hearing. 7 Preparation of Notice of Entry of Order; preparation of court filing of Notice of neo er, si Entry of Order with San Francisco Superior Court. Receipt and review of correspondence from SF Superior Court re confirmation : of filing of Notice of Entry of Order; preparation of courtesy copies of Notice of ieee Paine tt ea ae Entry of Order for SF Superior Court; legal research and analysis re hearing procedures for contempt proceeding. Andrew Winetroub 09/29/15 0.30 Further preparation of courtesy copy filing with SF Superior Court. Page Sof 14000038 80191 - Thompson v. Asimos - Attorney Time 07/21/15 - 12/31/15 Staff Member Date Hours Notes Andrew Winetroub 7 40/05/15 2.90 Legal research and analysis re procedure, evidence, and burden of proof at . contempt hearing. ji Legal analysis re strategy for contempt hearing; further preparation of memo Prey inet ser alld a re procedure for contempt hearing proceedings. Andrew Winetroub 10/07/15 0.40 Preparation of questions for Asimos as potential witness at contempt hearing. Andrew Winetroub 10/09/15 0.30 Further preparation of memo re Contempt Hearing preparation. Andrew Winetroub 10/13/15 1.10 Further preparation for Contempt Hearing re analysis of Asimos’ defenses. Andrew Winetroub 10/14/15 1.40 Legal analysis re contempt hearing preparation : Legal research and analysis re contempt hearing; preparation of outline for bac dhelhece ponents Pe contempt hearing argument and Asimos cross-examin: Further preparation for contempt hearing; legal research and analysis re proof pe inetcu peer? ae and presentation of evidence at hearing. Legal research and analysis re contempt hearing evidence rules and i procedure; preparation of supporting declaration in support of contempt Andrew Winetroub aoraeits. a judgment; preparation of request for judicial notice for admission of evidence; legal analysis re hearing strategy. Further preparation of Declaration and Request for Judicial Notice for hearing; ‘Andrew Winetroub 40/20/15 6.10 preparation of all materials and documents necessary for Contempt Hearing; phone calls with Court Clerk re case file in courtroom; legal research and analysis re Declaration opposing contempt filed by opposing counsel. Page 10 0f14000038 80191 - Thompson v. Asimos - Attorney Time 07/24/15 - 12/34/15 Staff Member Date Hours Notes Andrew Winetroub 10/21/15 Andrew Winetroub 10/22/15 Andrew Winetroub 10/23/15 Andrew Winetroub 10/26/15 Andrew Winetroub 10/28/15 Andrew Winetroub 10/30/15 4.20 2.80 2.10 1.70 4.40 Further preparation for Contempt Hearing and preparation of all Contempt Hearing materials; preparation of documents following Hearing per Court's request. Further preparation of and filing Request for Judicial Notice with Court; receipt and review of correspondence from opposing counsel re filings opposing contempt; legal analysis re declaration of Asimos bankruptcy counsel; receipt and review of file-endorsed copy of Request for Judicial Notice from Court. Preparation of courtesy copy of Request for Judi Notice to lodge in judge's chambers; legal analysis re bankruptcy stay argument in contempt hearing; further preparation of Judgment of Contempt. Legal analysis re rebutting Asimos’ arguments at contempt hearing; legal research and analysis re rules on court reporters per opposing counsel's request. Phone calls with Superior Court re Asimos’ lodging of original authorization form; preparation of Proposed Judgment of Contempt. Legal research and analysis re Asimos pre-hearing filings and compliance with statutory requirements; legal research and analysis re witness testimony in contempt hearing; legal analysis re conduct of contempt hearing and strategy. Page 11 of 14000038 80191 - Thompson v. Asimos - Attorney Time 07/24/45 - 12/34/15 Staff Member Date Hours Notes. Further preparation of Proposed Judgment of Contempt; legal analysis re Asimos filings for hearing; final preparation of materials for contempt hearing; legal analysis of Court's Order, preparation of Judgment of Contempt and Notice of Noncompliance With Court Order. Andrew Winetroub 11/02/15 3.20 Further preparation of Notice of Failure to Comply and Supporting Andrew Winetroub 11/03/15 3.70 Declaration; preparation of Judgment of Contempt and Contempt Order; legal analysis re scope of Court's oral orders in hearing Receipt and review of correspondence from Superior Court re filing; further preparation of Notice of Failure to Comply and Supporting Declaration; preparation of service on opposing counsel re Notice and Declaration; further preparation of Judgment and Order. Andrew Winetroub 11/04/15 4.10 Legal research and analysis re attorneys’ fees in contempt proceedings; : preparation of moving papers re Motion For Attorneys’ Fees; preparation of Andrew Winetroub 11/05/15 2.60 courtesy copy of Notice of Failure To Comply and Declaration for Judge Jackson; preparation of service on opposing counsel re filed Notice and Declaration. Further preparation of moving papers re attorneys’ fee moti Andrew Winetroub 11/06/15, 3.10 and analysis re reasonableness standard for attorneys’ fee: proceedings. legal research contempt Andrew Winetroub 11/0715 0.90 Further preparation of moving papers re attorneys’ fees motion. Receipt and review of correspondence from Asimos' counsel re signed Andrew Winetroub 11/09/15 3.20 authorization form; preparation of letter to Carr McClellan re disbursement of funds; preparation of email to opposing counsel re authorization form.000038 80191 - Thompson v. Asimos - Attorney Time 07/2145 - 12/31/15 Staff Member Date Hours Notes Andrew Winetroub 11/10/15 Andrew Winetroub A115 Andrew Winetroub T1N2N5 Andrew Winetroub TASS Andrew Winetroub MNS Andrew Winetroub ANTS Andrew Winetroub 11/18/15, Andrew Winetroub 11/2015 1.70 2.20 3.60 2.90 240 4.30 0.30 Further preparation of letter to Carr McClellan; preparation of mailing to Asimos trial and bankruptcy counsel re Carr McClellan funds Further preparation of Contempt Order and Judgment; legal research and analysis Preparation of letter enclosing proposed Order and Judgment for Judge's chambers, preparation of all papers and materials for next day's hearing; legal analysis re arguments at upcoming hearing Legal research and analysis re Civil Procedure Code on requirements for appellate stay; legal analysis re Judge's orders at hearing; preparation of Notice of Entry of Order and Notice of Entry of Judgment; legal analysis re requirements for Judge's bench warrant. Phone calls with clerk of SF Superior Court re bench warrant procedures; preparation of letter to court re required bench warrant information; legal research analysis re civil bench warrants Phone calls with clerk of SF Superior Court re bench warrant issuance and procedures; legal research and analysis re creditor's responsibilities for civil bench warrants; receipt and review of correspondence from SF Superior Court re filing of Notice of Entry of Order; legal research and analysis re attorneys’ fees in contempt actions Phone call with Sonoma Sheriff's Office re bench warrant execution procedures; phone call with SF Sheriff re civil bench warrant procedures; phone calls with clerk of SF Superior Court re civil bench warrant and notice of status hearing; legal research and analysis re Memorandum of Costs with attorneys’ fees motion; preparation of materials for status hearing on Friday. Legal analysis re Order to Transfer Funds and Order post-status hearing. Page 130f14000038 80191 - Thompson v. Asimos - Attorney Time 07/21/15 - 12/31/15 Staff Member Date Hours, Notes . , Preparation of Notice of Entry of Order re Superior Court's order following Andrew Winetroub 12/07/15 0.90 November 20 hearing; receipt and review of correspondence from clerk of Superior Court re entry of order. Andrew Winetroub 12/23/15 2.40 Further preparation of motion for attorneys’ fees. Phone calls with SF Superior Court re hearing date for attorneys’ fees motion; legal research and analysis re attorneys’ fees awarded in SF Bay Area; legal Andrew Winetroub 12129115 3.80 analysis re deadlines for attorneys’ fees motion; further preparation of attorneys’ fees motion. , Further preparation of Motion for Attorneys’ Fees; further preparation of ‘aiiiidnnihiad sida +t Declaration in support of Motion for Attorneys’ Fees. Andrew Winetroub 12/31/15 4.20 Further preparation of Motion for Attorneys’ Fees and Declaration in support Subtotal - Andrew Winetroub 172.70 TOTAL HOURS - ALL STAFF 241.70Kyle Law Corporation Cow nN a 10 ul 2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 28 Thompson v. Asimos San Francisco Superior Court Case No. CGC-11-514980 PROOF OF SERVICE I, the undersigned, state: Jam a citizen of the United States. My business address is 230 California Street, Suite 600, San Francisco, California 94111. I am employed in the City and County of San Francisco. I am 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: DECLARATION OF STEPHAN E. KYLE IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES on the following person(s) in this action by placing a true copy thereof enclosed in a 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. 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. Dated: January 4, 2016 ANDREW H. OUB -10- DECLARATION OF STEPHAN E. KYLE IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES CGC-11-514980