Order to Show Cause: JASON EVERETT THOMPSON et al VS. DEAN GREGORY ASIMOS

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                                Kyle
Law
Corporation

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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

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

12/07/2015
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,

Vv.

DEAN GREGORY ASIMOS, dba DRAKE
REALTY,

Defendant.

AND RELATED CROSS-ACTION.

 

CASE NO. CGC-11-514980

NOTICE OF ENTRY OF ORDER
REGARDING THE 11/20/2015 0.8.C.
HEARING RE CONTEMPT.

TO THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO, AND
ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that an Order regarding the November 20, 2015 O.S.C. Hearing re

Contempt was entered by this Court on December 3, 2015, a copy of which is attached hereto as

Exhibit 1.
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NOTICE OF ENTRY OF ORDER REGARDING THE 11/20/2015 O.S.C. HEARING RE CONTEMPT
CGC-11-514980Kyle
Law
Corporation

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DATED: December 7, 2015 KYLE LAW CORPORATION

BY: pdb Bad
PHAN E. KYLE

ANDREW H. WINETROUB

Attorneys for Plaintiffs

JASON EVERETT THOMPSON and
WIRED REAL ESTATE GROUP, INC.

NOTICE OF ENTRY OF ORDER REGARDING THE 11/20/2015 0.S.C. HEARING RE CONTEMPT
CGC-11-514980EXHIBIT 1Ce

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STEPHAN E. KYLE (SBN 158075)

ANDREW H. WINETROUB (SBN 291847)” 7
KYLE LAW CORPORATION.
230 California Street, Suite 600 ©

San Francisco, CA 94111 FI LED

Teléphone: (415) 839-8100 Count of in ene
Facsimile: (415) 839-8189 ; DEC -3 2015
Email: skyle@kylelawcorp.com ;

Attorneys for Plaintiffs
JASON EVERETT THOMPSON and.
WIRED REAL ESTATE GROUP, INC.

oi F THE COURT
Deputy Gietk

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO

JASON EVERETT THOMPSON and

WIRED REAL ESTATE GROUP, INC.,
ae CASENO. cag 1-514980

et PROPOSED! ORDER Aegardug- the
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DEAN GREGORY ASIMOS, dba DRAKE
TY, » Coalempt™
Defendant.

nt

AND RELATED CROSS-ACTION.

 

 

The matter came on for status hearing at 9:30 pa on November 20, 2015 in Department 503
of the above-entitled court, the Honorable Teri L. Jackson, Judge Presiding, in connection with the
Court’s oral order of November 2, 2015 and written order dated November 13, 2015 (the “Contempt|
Order”) and Judgment of Contempt entered. on November 13, 2015 (the “Judement of Contempt’).
STEPHAN E. KYLE appeared on behalf of Plaintiffs and initiating party; JESSICA R. BARSOTT
appeared on behalf of Defendant and responding party; Defendant and responding party Dean|
Gregory Asimos was personally in attendance; and attorney ROBERT A. BLEICHER of the law firm]
of CARR MCCLELLAN specially appeared for the limited purpose of obtaining an order of ‘the Court

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instructing Carr McClellan to release funds held in trust to Plaintiff Jason Everett Thompson.

‘The Court having previously ordered Defendant Asimos to execute end deliver fo Plaintiff's
counsel, no later than the end of the day on November 2, 2015, the document anthorizing the
disbursement of those certain funds heid by Carr McClellan (the “Authorization Form”) to Plaindft
and the Court having reviewed Plaintiff's Notice of Defendant’s Failure To Comply with Court Order
filed November 4, 2015 and the Declaration of Stephan E. Kyle in support’ thereof, also filed|
November 4, 2015; and the Court having previously ordered the parties to return for status beating
on November 13,2015 at 11:00 a.m. in Department 503 (the “November 13 Hearing”); and Defendant
and Defendant’s counsel having failed to appear at the November 13 Hearing; and the Court having

 

issued a Civil Bench Warrant of Attachment on November 17, 2015 against Defendant Asimgs for!
failing to appear at the November 13 Hearing with bail having been set at $50,000.00 (the “Bench
Warrant”); and Defendant’s counsel having contacted the Court on November 1B 2015 to voice|
objections regarding the entry of the Contempt Order and the Judgment of Contempt: ¢ and the Court
shaving set a further status hearing on the matter for November 20, 2015, and the Court having}
reviewed the Declaration of Robert A. Bleicher In Support of Order Instructing Release of Funds
Held in Carr McClellan Trust Account to Jason. Bverett Thompson; and the Court having heard and
considered the argument of counsel, and FOR GOOD CAUSE APPEARING, Tae
THE COURT FINDS that Defendant delivered a signed, but undated and un-notarized

 

Authorization Form to Plaintiff's counsel on November 9, 2015, one (1) full week Jater than the date
imposed by the Court for delivery of the executed Authorization Form;

THE COURT FINDS FURTHER that the failure to properly date and authenticate the
signature on the Authorization Form created concern for Carr McClellan rezarding the disbursement!

THE COURT FINDS FURTHER that an order instructing Carr McClellan to release the fonds
to Mr. Thompson is consistent with the valid order and permanent injunction in favor of: Plaintiffs i in|
the above-entitled action rendered on August 23, 2013 (the “Permanent Injungtion”) W
Defendant was ordered and enjoined to “cooperate immediately with the disttibutio
settlement funds held in trust” by the Cacr ‘McClellan P.C. law firm, and to “sign irams

 
  
  

 

 

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“ORDER att P/E Hearne

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documents reasonably necessary to effectuate the distribution” of said settlement funds to ‘Plaintiff
JASON EVERETT THOMPSON; ;

THE COURT FINDS FURTHER that it observed and heard Defendant Asimos using}
profanity during the hearing and advised Defendant Asimos that his use of profanity during the|
proceedings constituted direct contempt of court. Upon'the apology of Defendant Asimas, the Court
accepted the apology and took no further action with respect to the contemptuous conduct,

THE COURT FURTHER advised Defendant’s counsel, Jessica Barsotti, that her faiJure to
appear at the November 13 Hearing also constituted contemptuous conduct and that the Court was
considering issuance of an Order to Show Cause as to why Ms. Barsotti should. notbe heldi in contempt
of court. Ms. Barsotti apologized to the Court for not advising the Court that she was unavailable for|
the November 13 Hearing. The Court accepted the apology of Ms. Barsotti and took no farther action| -
with respect to the matter. .

BASED ON THE FINDINGS OF THE COO ITI

1. ORDERED thet the Bench Warrant oo a aol

2. FURTHER ORDERED that the a on the contempt fine set forth in the Contempt] .

Order is HEREBY lifted. Defendant must pay the $1,000 contempt fine, pursuant to
the Judgment of Contempt, no later than 4:00 p.m. on January 4, 2016. The contempt|’
fine is to be made payable to the Clerk of the Superior Court, San Francisco County;

3, FURTHER ORDERED that, ‘pursuant to the Judgment of Contempt, Plaintiffs shall

file and serve their application for reasonable costs and attorneys’ fees incurred in
initiating and prosecuting this contempt action, in an amount to be determined by this}
Court upon Plaintiffs’ submission of a declaration in support of proof thereof,

patep: _ /A/%,

 

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CGC-11-514980Kyle
Law
Corporation

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Thompson v. Asimos
San Francisco Superior Court Case No. CGC-11-514980

PROOF OF SERVICE

I, the undersigned, state:

Iam 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:

NOTICE OF ENTRY OF ORDER REGARDING THE 11/20/2015
0.S.C. HEARING RE CONTEMPT

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 — 1 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: December 7, 2015
C “ANDREW H. WINETROUB

NOTICE OF ENTRY OF ORDER REGARDING THE 11/20/2015 O.S.C. HEARING RE CONTEMPT
CGC-11-514980