Affidavit VenueCal. Super. - 6th Dist.December 18, 2018‘I d" BDH GL@BAL ADVISORS February S, 2019 3WComm. Christine Copeland Department 15 -Civi| Division FEB 1' l 2019 Superior Court of CA County of Santa Clara Sup .‘ " 5 ‘ l-‘hu'my 0,03%an am 191 N. First Street 3y ' / DEPUTY San Jose, CA 95113 7 - ~ V V Davi Pinheiro Re: Small Claims Case No. 18$C076861, Guy Shani v. Dean Walker Dear Commissioner Copeland: This letter follows my prior correspondence to the Court dated January 23, 2019 regarding my request to have the above-referenced retaliatory small claims action dismissed for lack of personal jurisdiction. l am the defendant in the above-referenced small claims action. ' Iwould like the Court to be aware that on February 5, 2019, my attorney, David T. Blake, Esq., of Clear Counsel Law Group emailed a copy of my January 23, 2019 letter to Mr. Shani’s attorney, Krista Albregts, Esq. and to Mr. Shani. Mr. Blake has had email communication with Mr. Shani and his attorney Ms. Albregts via email. In addition, Mr. Blake will also email a copy of this letter to Mr. Shani’s attorney andl will mail a copy to Mr. Shani to keep him apprised of all communication with Court. The substance of my January 23, 2019 letter is reproduced below in the interest of completeness. lt is clear, based on the nonsensical substance of Mr. Shani’s complaint, that he has filed it in retaliation for my accounting firm, Barlow Douglass & Hall, CPAs, PLLC d/b/a BDH Global Advisors ("BDH") filing a small claims action against him for nonpayment. His suggestion that BDH or | would file incorrect information against him with the intent to force him to pay past due invoices is highly illogical. Regardless of Mr Shani’ s motives or the merits of his claims, lam writing to request that the case against me be dismissed for two reasons: (1) Mr. Shani incorrectly named me, individually, as a defendant instead of my accounting firm, BDH and (2) the small claims court in Santa Clara county does not have jurisdiction over a dispute over accounting services which were exclusively provided in Clark County Nevada. Shani’s dispute is with BDH Global Services, the accounting firm that prepared his tax returns, and not with me individually. lam a partner and part owner of BDH, which is based in Henderson Nevada. As with other legal and accounting partnerships, all BDH accountants and employees perform our work in the name of BDH and we are contractually and duty-bound to not perform work in our own name individually without prior authorization. Nevada law limits the liability for partners and employees of professional entities. Se_e Nevada Revised Statutes 89.030; 86.371. Although l did personally perform some of the accounting work for Mr. Shani, it was all done in my capacity as a Partner with BDH. BDH sent all invoices to Mr. Shani and BDH’s name was used on all draft tax returns prepared for him and his entities. See enclosed invoices. Thus, | request that the court dismiss Mr. Shani's claims, which name only me, individually, as a defendant. Experience the Barlow Douglas & Hall Difference! www.bdhgloba|advisors.com 1671 W. Horizon Ridge Pkwy. Ste. 220, Henderson, NV 89012 / (702) 457-9800 BDH’ GL®BAL ADVISORS The court does not have jurisdiction over this dispute. In addition to naming the wrong entity, Mr. Shani filed his small claims complaint in the wrong jurisdiction. As this court is well-aware, it can only exercise jurisdiction if the defendant has sufficient minimum contacts with the forums state such that it would not offend traditional notions of fair play and substantial justice. Se_e, e.g., David L. v. Superior Court, 29 Cal. App. 5th 359, 365-66, 240 Cal. Rptr. 3d 462, 468 (Ct. App. 2018). Here, I am not licensed as accountant in California and did perform accounting or any other services or contractual obligations for Mr. Shani in California. Additionally, even if I did misrepresent information on Mr. Shani‘s tax return (which l did not), l only ever performed work for Mr. Shani in Nevada, so the specific misconduct that Mr. Shani alleges in his claim could only have happened in Nevada, not California. Mr. Shani reached out to me and requested my services in Nevada. All of our in-person meetings happened in Nevada. I never traveled to California to perform work for Mr. ShanL More directly, none of the jurisdictional options that Mr. Shani selected apply to his claims against me.| do not live or do business in Santa Clara county, Mr. Shani‘s property was not damaged there, he did not suffer an injury there, and the contract was not made, signed, performed, or broken in Santa Clara county. in addition to the primary reasons for dismissal mentioned above, the complaint could be dismissed because Mr. Shani has filed this claim in his individual capacity and i never filed an individual tax return on his behalf. Accordingly, the Superior Court of California in Santa Clara County does not have personal jurisdiction over me and Mr. Shani's claim violates well-settled principles of limited liability under Nevada law. | request that Mr. Shani’s claim be dismissed. Sincerely, Dean Walker Experience the Barlow Douglas & Hall Difference! www.bdhglobaladvisors.com 1671 W. Horizon Ridge Pkwy. Ste. 220, Henderson, NV 89012 / (702) 457-9800 w, Kathx Gentile From: Dave Blake Sent: Tuesday, February S, 2019 12:00 PM To: Krista Albregts; Guy Shani; guy.Shani@clarizen.com Cc: Kathy Gentile i Subject: Letter to California small claims court Attachments: 2019-01-23 BDH ltr to CA court re dismiss.pdf Krista and Guy, I note that Krista’s December 19, 2018 letter does not direct me to fowvard all correspondence to her office, so, in an abundance of caution and in addition to the_fa§t Mr. Shani cannot have legal representation in his small claims marten! am copying Mr. Shani on this email as well. On or around January 23, 2019, Dean sent the attached letter to the small claims court in California. l recently noticed that court rules require Dean to send a copy of the letter to Mr. Shani, which I’m doing via this email now. I will also have Dean re-mail a copy of a nearly identical letter to the court. The new letter will also confirm that I emailed the January 23, 2019 letter to you today and that he will also email a copy of the updated letter to you both. The new letter will also be mailed to Mr. Shani at the address listed in his complaint because, again, Mr. Shani cannot be represented by an attorney at the small claims hearing. Krista, please let me know if you would prefer all correspondence from Dean to go through your office. Best regards, David T. Blake, Esq. QCLEARCOUNSEL _ -----D\\V GROUP 1671 W. Horizon Ridge Parkway, Suite 200 Henderson, Nevada 89012 dave®clearcounsel.com 702.476.5900 (office) 702.924.0709 (fem) This email may contain confidential or privileged information‘ Ifyou are not the intended recipient, please notify me immediately and then delete this email. '¥ Kathy Gentile From: Dave Blake I Sent: Tuesday, February 5, 2019 3:25 PM To: Krista Albregts; Guy Shani; guy.Shani@clarizen.com Cc: Kathy Gentile Subject: BDH v. Shani Attachments: 2019-02-05 Dean ltr CA courtpdf As mentioned in my email earlier today, attached is a copy of the revised letter that Dean is sending to the court today. A copy will also be mailed to Mr. Shani at: 987 Highlands Cir. Los Altos California, 94024 David T. Blake, Esq. QCLEARCQUNSEL ., ---'-‘LI\WCRDUP 1671 W. Horizon Ridge Parkway, Suite 200 Henderson, Nevada 89012 davc@clearcou nsclcom 702.476.5900 (office) 702.924.0709 (fax) This email may contain confidential or privileged information. Ifyou are not the intended recipient, please notify me immediately and then delete this email.
