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NY Dn RF w
Lesley B. Harris (SBN 124248)
Law Office of Lesley Harris
55 River Street, Suite 100
Santa Cruz, California 95060
Telephone: 831-458-0502
Email: lesleyharrisesq@gmail.com
Attorneys for Defendant, Cross-defendant and Cross-complainant
JEANNE TURNER TABATABAI
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CRUZ
NEMAT MALEKSALEHI,
Plaintiff,
Vi
SHAHRAM TABATABAI, JEANNE
TURNER TABATABAL, and DOES 1
through 10,
Defendants.
JEANNE TURNER TABATABAI,
Cross-complainant
q
NEMAT MALEKSALEHI, SHAHRAM
TABATABATI, and ROES | — 10,
Cross-defendants.
we SS SS SS SS SH SS Se SS SSS
Case No.: 18CV02004
DECLARATION OF COUNSEL
(HARRIS) IN RESPONSE TO
DEFENDANT SHAHRAM
TABATABAI’s EX-PARTE
APPLICATION FOR OST
Date: March 29, 2022
Time: 1:00 p.m.
Dept: 5
Trial Date: April 25, 2022
DECLARATION OF COUNSEL (HARRIS) IN RESPONSE
TO DEF TABATABAI’S EX-PARTE APPLICATION FOR OST
CASE NO. 18CV02004
PAGELI, Lesley
B. Harris, am counsel for Defendant and Cross-complainant Jeanne Turner
Tabatabai (“Turner”) in this action. I have personal knowledge of the matters stated herein, and
if called as a witness, I could and would give competent testimony as follows:
1. Turner does not object to an order shortening time for Defendant Shahram Tabatabai’s
Motion for Good Faith Settlement Determination, however, she requests a minimum of
five business days to file an Opposition.
2. Turner does not contest the sufficiency of the amount of the settlement; in fact, given the
compelling defenses to Plaintiff's claims, it is overly generous. Which adds to Turner’s
belief that the settlement between Plaintiff and Tabatabai, who have close family ties,
constitutes collusion aimed to injure her interests, which is a basis to deny a finding of
good faith.
3. Facts and issues that support an allegation of collusion include, but are not limited to:
de
The settlement, and the assignment of Plaintiff's claims to Tabatabai, seek to
circumvent the family court’s exclusive jurisdiction to adjudicate claims
between Tabatabai and Turner concerning the distribution of their community
assets and debts.
Enabledware, LLC, a legal entity, is responsible for the purported loans it
received. However, as part of this settlement, Plaintiff dismissed his separate
action against Enabledware pending in Santa Clara Superior Court, Case No.
18CV330226. Although the dismissal is without prejudice, any new claim
would be time barred. Tabatabai still owns and manages Enabledware (it has a
new name but the same assets and owners). Accordingly, this settlement is
DECLARATION OF COUNSEL (HARRIS) IN RESPONSE
TO DEF TABATABAI’S EX-PARTE APPLICATION FOR OST. PAGE 2
CASE NO. 18CV02004designed to protect the value of Enabledware, as asset that was recently
assigned to Tabatabai in the divorce action, and to shift liability to Turner.
iii. Nearly all of the remaining debt to Plaintiff is interest from the purported loan
to Enabledware, LLC. Tabatabai alone controlled the operations of
Enabledware, LLC, including its finances. Tabatabai claims in his moving
papers in support of this application that he always maintained Plaintiff was
entitled to repayment of his “loan,” but Tabatabai directed no such payment
from Enabledware, LLC. Instead, he allowed interest to accrue, and he now
seeks to make Turner liable for it.
iv. The settlement agreement terms are inconsistent with regard to whether it is
irrevocable.
v. There is no written agreement for the purported “loan,” and no attorneys fee
provision; that part of Plaintiffs damages is unsupported.
4. Because of the collusive nature of the settlement agreement, Turner intends to oppose the
good faith motion.
5. Turner’s counsel is a solo practitioner with other cases and commitments.
6. A finding that the settlement lacks good faith would not undermine or undo the
settlement. The settlement, by its terms, is not contingent on a good faith determination
or otherwise protecting Tabatabai from Turner’s equitable indemnity and contribution
cross-claim.
I declare under penalty of perjury that the above is true and correct. Executed this 29nd day
of March, 2022 at Santa Cruz, CA.
DECLARATION OF COUNSEL (HARRIS) IN RESPONSE
TO DEF TABATABAI’S EX-PARTE APPLICATION FOR OST PAGE 3
CASE NO. 18CV0200426
27
28
PROOF OF SERVICE
CASE NAME: MALEKSALEHI V, SHAHRAM TABATABAL et al.
COURT: Superior Court of California, Santa Cruz
CASE NO.: 18CV02004
I, the undersigned, certify that | am employed in the City and County of Santa Cruz,
California; that I am over the age of eighteen years and not a party to the within action; and that my
business address is 55 River Street, Suite 100, Santa Cruz, CA 95060. On this date, I served the
following document(s):
Declaration of Counsel (Harris) in response to Defendant Tabatabai’s Ex-parte Application for
Order Shortening Time
By Personal Service — by placing true copies thereof in a sealed envelope and causing each
such envelope to be given to a courier messenger to personally deliver to the office of the addressee.
_: By First-Class Mail — by placing true copies thereof in sealed envelopes addressed as shown
below by the following means of service. I am readily familiar with the firm’s practice for collection
and processing of correspondence for mailing. Under that practice, the correspondence is deposited
with the United States Postal Service on the same day as collected, with first-class postage thereon
fully prepaid, in Santa Cruz, California, for mailing to the office of the addressee following ordinary
business practices, and
X_: By Email: From lesleyharrisesq@gmail.com to the email addresses below, at or about 11:45
a.m. A copy of the email transmission confirmation is attached to the original of this declaration.
Addressee
Counsel for Plaintiff
Eric C. McAllister
Miller, Morton, Caillat & Nevis, LLP
2001 Gateway Place, Suite 220W
San Jose, CA 95110
ecm@millermorton.com
Counsel for Shahram Tabatabai
Tanzeel Hak
481 N. Santa Cruz Ave., #233
Los Gatos, CA 95030
tanzeel@bythelaw.co
Robert Lindow, In Pro Per
P.O. Box 2107
Aptos, CA 95001
lindow1@gmail.com
I declare under penalty of perjury that the foregoing is true and correct. Executed MarchelLA » 2022
at Santa Cruz, California.
Lesl¢y B. Harris
PROOF OF SERVICE
18CV02004
Preview
ND NY Dn RF w Lesley B. Harris (SBN 124248) Law Office of Lesley Harris 55 River Street, Suite 100 Santa Cruz, California 95060 Telephone: 831-458-0502 Email: lesleyharrisesq@gmail.com Attorneys for Defendant, Cross-defendant and Cross-complainant JEANNE TURNER TABATABAI SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CRUZ NEMAT MALEKSALEHI, Plaintiff, Vi SHAHRAM TABATABAI, JEANNE TURNER TABATABAL, and DOES 1 through 10, Defendants. JEANNE TURNER TABATABAI, Cross-complainant q NEMAT MALEKSALEHI, SHAHRAM TABATABATI, and ROES | — 10, Cross-defendants. we SS SS SS SS SH SS Se SS SSS Case No.: 18CV02004 DECLARATION OF COUNSEL (HARRIS) IN RESPONSE TO DEFENDANT SHAHRAM TABATABAI’s EX-PARTE APPLICATION FOR OST Date: March 29, 2022 Time: 1:00 p.m. Dept: 5 Trial Date: April 25, 2022 DECLARATION OF COUNSEL (HARRIS) IN RESPONSE TO DEF TABATABAI’S EX-PARTE APPLICATION FOR OST CASE NO. 18CV02004 PAGELI, Lesley B. Harris, am counsel for Defendant and Cross-complainant Jeanne Turner Tabatabai (“Turner”) in this action. I have personal knowledge of the matters stated herein, and if called as a witness, I could and would give competent testimony as follows: 1. Turner does not object to an order shortening time for Defendant Shahram Tabatabai’s Motion for Good Faith Settlement Determination, however, she requests a minimum of five business days to file an Opposition. 2. Turner does not contest the sufficiency of the amount of the settlement; in fact, given the compelling defenses to Plaintiff's claims, it is overly generous. Which adds to Turner’s belief that the settlement between Plaintiff and Tabatabai, who have close family ties, constitutes collusion aimed to injure her interests, which is a basis to deny a finding of good faith. 3. Facts and issues that support an allegation of collusion include, but are not limited to: de The settlement, and the assignment of Plaintiff's claims to Tabatabai, seek to circumvent the family court’s exclusive jurisdiction to adjudicate claims between Tabatabai and Turner concerning the distribution of their community assets and debts. Enabledware, LLC, a legal entity, is responsible for the purported loans it received. However, as part of this settlement, Plaintiff dismissed his separate action against Enabledware pending in Santa Clara Superior Court, Case No. 18CV330226. Although the dismissal is without prejudice, any new claim would be time barred. Tabatabai still owns and manages Enabledware (it has a new name but the same assets and owners). Accordingly, this settlement is DECLARATION OF COUNSEL (HARRIS) IN RESPONSE TO DEF TABATABAI’S EX-PARTE APPLICATION FOR OST. PAGE 2 CASE NO. 18CV02004designed to protect the value of Enabledware, as asset that was recently assigned to Tabatabai in the divorce action, and to shift liability to Turner. iii. Nearly all of the remaining debt to Plaintiff is interest from the purported loan to Enabledware, LLC. Tabatabai alone controlled the operations of Enabledware, LLC, including its finances. Tabatabai claims in his moving papers in support of this application that he always maintained Plaintiff was entitled to repayment of his “loan,” but Tabatabai directed no such payment from Enabledware, LLC. Instead, he allowed interest to accrue, and he now seeks to make Turner liable for it. iv. The settlement agreement terms are inconsistent with regard to whether it is irrevocable. v. There is no written agreement for the purported “loan,” and no attorneys fee provision; that part of Plaintiffs damages is unsupported. 4. Because of the collusive nature of the settlement agreement, Turner intends to oppose the good faith motion. 5. Turner’s counsel is a solo practitioner with other cases and commitments. 6. A finding that the settlement lacks good faith would not undermine or undo the settlement. The settlement, by its terms, is not contingent on a good faith determination or otherwise protecting Tabatabai from Turner’s equitable indemnity and contribution cross-claim. I declare under penalty of perjury that the above is true and correct. Executed this 29nd day of March, 2022 at Santa Cruz, CA. DECLARATION OF COUNSEL (HARRIS) IN RESPONSE TO DEF TABATABAI’S EX-PARTE APPLICATION FOR OST PAGE 3 CASE NO. 18CV0200426 27 28 PROOF OF SERVICE CASE NAME: MALEKSALEHI V, SHAHRAM TABATABAL et al. COURT: Superior Court of California, Santa Cruz CASE NO.: 18CV02004 I, the undersigned, certify that | am employed in the City and County of Santa Cruz, California; that I am over the age of eighteen years and not a party to the within action; and that my business address is 55 River Street, Suite 100, Santa Cruz, CA 95060. On this date, I served the following document(s): Declaration of Counsel (Harris) in response to Defendant Tabatabai’s Ex-parte Application for Order Shortening Time By Personal Service — by placing true copies thereof in a sealed envelope and causing each such envelope to be given to a courier messenger to personally deliver to the office of the addressee. _: By First-Class Mail — by placing true copies thereof in sealed envelopes addressed as shown below by the following means of service. I am readily familiar with the firm’s practice for collection and processing of correspondence for mailing. Under that practice, the correspondence is deposited with the United States Postal Service on the same day as collected, with first-class postage thereon fully prepaid, in Santa Cruz, California, for mailing to the office of the addressee following ordinary business practices, and X_: By Email: From lesleyharrisesq@gmail.com to the email addresses below, at or about 11:45 a.m. A copy of the email transmission confirmation is attached to the original of this declaration. Addressee Counsel for Plaintiff Eric C. McAllister Miller, Morton, Caillat & Nevis, LLP 2001 Gateway Place, Suite 220W San Jose, CA 95110 ecm@millermorton.com Counsel for Shahram Tabatabai Tanzeel Hak 481 N. Santa Cruz Ave., #233 Los Gatos, CA 95030 tanzeel@bythelaw.co Robert Lindow, In Pro Per P.O. Box 2107 Aptos, CA 95001 lindow1@gmail.com I declare under penalty of perjury that the foregoing is true and correct. Executed MarchelLA » 2022 at Santa Cruz, California. Lesl¢y B. Harris PROOF OF SERVICE 18CV02004