Declaration

Cal. Super. - 6th Dist.March 20, 2019

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BURKE, WILLIAMS & SORENSEN, LLP ATTORNEYS AT LAw MOUNTAIN VIEW 1QCV34491 8 Santa Clara - Civil DHa Douglas W. Dal Cielo (SBN 157109) Electronically Filed E-mail: ddalcielo@bwslaw.com by Superior Court of CA, Brian M. Affiuntl (SBN 227072) County of Santa Clara, E-mail: baffrunti@bWSIaW.COII1 on 5/1 8/2021 4.18 PM BURKE, WILLIAMS & SORENSEN, LLP Reviewed By: D Hams1503 Grant Road, Sulte 200 Mountain View, CA 94040-3270 Case #19CV34491 8 Tel: 650.327.2672 Fax: 650.688.8333 Envelope: 6470375 Attorneys for Plaintiffs ARVIND K. AGARWAL AND NEELO AGARWAL AS TRUSTEES OF THE AGARWAL TRUST DATED AUGUST 2, 2001 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ARVIND K. AGARWAL AND NEELO Case N0. 19CV344918 AGARWAL AS TRUSTEES OF THE AGARWAL TRUST DATED AUGUST 2, 2001, DECLARATION OF BRIAN M. AFFRUNTI IN SUPPORT OF PLAINTIFFS’ MOTION Plaintiffs, FOR CONTRACTUAL ATTORNEYS’ FEES V. Date: Time: 9:00 a.m. DMJ HOME SOLUTIONS, LLC, Dept: 20 A NEVADA LLC; DAVID HERRERA; Judge: Hon. Socrates Manoukian APEX DEVELOPMENT GROUP, LLC, A NEVADA LLC; ERIC FOGELSONG; DAN NOBLE; MICHAEL ROUSSEAU, AND DOES 1 THROUGH 150, INCLUSIVE, Defendants. I, Brian M. Affrunti, declare as follows: 1. I am an attorney licensed t0 practice in all courts in the State 0f California and I am a partner at Burke, Williams & Sorensen, LLP, attorneys of record for Plaintiffs ARVIND K. AGARWAL AND NEELO AGARWAL AS TRUESTEES OF THE AGARWAL TRUST DATED AUGUST 2, 2001 (“Agarwal” 0r “Plaintiffs”), herein. This declaration is filed in support 0f Plaintiffs’ Motion for Contractual Attorneys’ Fees. Ihave personal knowledge 0f the rris _ 1 _ SJ - San Jose #4817-9022-6666 v1 DECLARATION OF BRIAN M. AFFRUNTI IN SUPPORT OF PLAINTIFFS’ MOTION FOR CONTRACTUAL ATTORNEYS FEES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BUsRéfghYXéfilii‘S gt ATTORNEYS AT LAw MOUNTAIN VIEW facts set forth herein and if called upon as a witness, I could competently testify and would testify as follows: 2. My Firm was retained as legal counsel t0 represent Agarwal in this case 0n April 24, 2019, and since that time, we have represented them in this dispute. We were able t0 secure a settlement with all defendants in this dispute, including DAVID HERRERA and DMJ HOME SOLUTIONS, LLC (hereinafter collectively “Defendants”). Attached as Exhibit A is a true and correct copy 0f the Settlement Agreement between Agarwal and Defendants. 3. Defendants breached the Settlement Agreement by, among other things, failing to pay the initial $800,000 due 0n February 20, 2020. Plaintiffs’ filed a Motion t0 Enforce the Settlement Agreement and the Court entered an Order Confirming the Settlement 0n July 20, 2020 (“Order”). A true and correct copy 0f the Order is attached hereto as Exhibit B. 4. The Court entered Judgment in accordance with the Order 0n March 19, 2021 (“Judgment”). A true and correct copy 0f the Judgment is attached hereto as Exhibit C. 5. Attached hereto as Exhibit D are true and correct copies 0f redacted invoices billed t0 my clients with respect t0 the above matters, covering the time period 0f February 21, 2020 through April 30, 2021. 6. Agarwal requests an award 0f attorneys’ fees for work performed by Burke, Williams & Sorensen, LLP (“Burke”) personnel at Burke’s hourly rates at least equal t0 the rates actually charged t0 and paid by Agarwal. Burke’s rates are based upon experience and seniority 0f its attorneys, and the expertise required and employed in handling the legal and factual issues litigated in the case. Moreover, these rates are, in my opinion, more than reasonable and consistent with prevailing market rates for attorneys and paralegals 0f comparable skill, experience, and reputation in the Bay Area and Silicon Valley legal market, where this case is venued. I am familiar with the hourly rates 0f litigation attorneys practicing in Bay Area and Silicon Valley legal market area from knowing the hourly rates charged by attorneys at my firm for legal work in this area, communications with fellow members 0f the bar, mediations and settlement conferences where statutory and contractual fees are sought, and from case law. _ 2 _ SJ - San Jose #4817-9022-6666 v1 DECLARATION OF BRIAN M. AFFRUNTI IN SUPPORT OF PLAINTIFFS’ MOTION FOR CONTRACTUAL ATTORNEYS FEES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BUsRéfghYXéfilii‘S gt ATTORNEYS AT LAw MOUNTAIN VIEW 7. At all relevant times, Agarwal paid hourly rates 0f $550.00 per hour for partners and $495 per hour for associates. 8. The rates charged for partners Douglas W. Dal Cielo and myself are more than reasonable and appropriate given our respective education, status, length 0f practice, and experience. Additionally, the rates charged for associate Michael Hsueh is also reasonable and appropriate given his respective education, length 0f practice, and experience. 1am familiar with the education, knowledge, and experience 0f each person who performed work 0n this matter. The following describes the experience 0f the attorneys primarily responsible for handling this matter: Brian M. Affrunti. Mr. Affrunti is a partner with Burke, Williams & Sorensen, LLP and he received my undergraduate degree in 2000 from the University 0f California at Los Angeles and his law degree from the University 0f California, Hastings College 0f the Law in 2003. He was admitted t0 the State Bar 0f California in December 2003. He has represented clients in arbitration and at trial and has litigated numerous cases in federal and state court, as well as state appellate courts. Much 0f his practice over the past 18 year was dedicated t0 real estate litigation. Douglas W. Dal Cielo. Mr. Dal Cielo is a Partner with Burke, Williams & Sorensen, LLP. Mr. Dal Cielo has been licensed t0 practice law in California since December, 1991. Mr. Dal Cielo is also admitted t0 practice before several United States district courts. Mr. Dal Cielo received his undergraduate degree from the University 0f California at Davis in 1988, and his law degree from Santa Clara University, graduating with honors, in 1991. He holds an AV rating in Martindale-Hubbell. Throughout his nearly 30-year career, Mr. Dal Cielo’s practice has focused primarily in the area 0f general litigation, with an emphasis 0n real estate and business litigation. Mr. Dal Cielo has represented clients in dozens 0f trials and/or binding arbitrations Michael Y. Hsueh. Mr. Hsueh is an associate with Burke, Williams & Sorensen, LLP and he received his undergraduate degree from the University 0f California at San Diego and his law degree from Cornell Law S3ch001 in 2012. Mr. Hsueh was admitted t0 the SJ - San Jose #4817-9022-6666 V1 DECLARATION OF BRIAN M. AFFRUNTI IN SUPPORT OF PLAINTIFFS’ MOTION FOR CONTRACTUAL ATTORNEYS FEES OOQQ \D 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BURKE, WILLIAMS & SORENSEN, LLP ATTORNEYS AT LAW MOUNTAIN VIEW State Bar of California in December 2012. Mr. Hsueh has represented clients in arbitration and has litigated numerous cases in federal and state court. Mr. Hsueh provided assistance With this dispute, including preparation of motion papers including the Motion to Enforce Settlement. 9. In addition to the legal fees described in the attached invoices, I spent 5.7 hours preparing this motion for an additional $3,135.00 in fees. It is anticipated that additional attorneys’ fees in the amount of $5,550.00 Will be incurred by Plaintiffs in connection With the present motion and specifically in replying to any opposition to the motion, and in preparing for and arguing the motion. I declare under penalty of peljury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on May 18, 2021, in BRIAN TVI. AFFRUNTI Redwood City, California. _ 4 _ SJ - San Jose #4817-9022-6666 v1 DECLARATION OF BRIAN M. AFFRUNTI IN SUPPORT OF PLAINTIFFS’ MOTION FOR CONTRACTUAL ATTORNEYS FEES MUTUAL RELEASE AND SETTLEMENT AGREEMENT This Mutual Release and Settlement Agreement (“Agreement”) 1's entered into by and between ARVIND K. AGARWAL AND NEELO AGARWAL AS TRUSTEES OF THE AGARWAL TRUST DATED AUGUST 2, 2001 (hereinafter “AGARWAL”), and DMJ HOME SOLUTIONS, LLC AND DAVID HERRERA (hereinafter “DMJ”), (hereinafter collectively the “PARTIES”). WHEREAS On March 20, 2019 AGARWAL filed an action entitled Arvind K. Agarwal and Neelo Agarwal as Trustees of the Agarwal Trust Dated August Z, 2001 v. DMJ Home Solutions, LLC, David Herrera, Apex Development Group LLC, Eric Fogelsong, Dan Noble, Michaela Rousseau and Does 1-150 et al., Santa Clara County Superior Court Case No. 19CV344918. On May 30, 2019 AGARWAL filed an amended complaint (collectively referred to as the “Action”). Said Action arose out of two Joint Venture Agreements between Agarwal and DMJ Horne Solutions, LLC for the purchase renovation, development and sale of real property as attached as Exhibits A and B to the amended complaint. WHEREAS, AGARWAL has settled the Action with all other Defendants other than DMJ. WHEREAS, AGARWAL and DMJ desire to enter into a settlement and compromise of the Action between them that pertains to the Action, whether they now exist or may exist in the future. NOW, THEREFORE, and in consideration of the mutual covenants and conditions set forth below, the parties agree as follows: SJ - San Jose #4838-0783-3520 V1 TERMS OF THE SETTLEMENT 1. The Recitals are incorporated herein by reference and made a part of this Agreement. 2. Settlement Amount. DMJ shall pay AGARWAL the total sum of Nine Hundred Fifty Thousand Dollars ($950,000) in full and final resolution of the Action (“Settlement Amount”). Subject to the terms of this Agreement, the Settlement Amount is payable as follows: a. The sum of $800,000 to AGARWAL on or before forty-five days (45) from the execution of this Agreement, conditioned upon the recording of releases of Lis Pendens (Notice of Pending Action) and associated title defects for all properties of DMJ as identified below. Said check or wired funds shall be payable to the Burke, Williams and Sorensen Client Trust Account. Tax Identification No. 95-1705973. Wiring instructions will be confirmed prior to transmittal. b. The balance of the Settlement Amount, that being $150,000 shall be split into three (3) amounts of $50,000 plus interest at 10% per annum, individually secured against the interests of DMJ in three corresponding properties. Each amount of $50,000 will be payable upon sale, refinance or transfer of the corresponding property securing the amount plus accrued interest. The properties securing each increment of $50,000 are as follows: (1') 5401 Claremont Avenue, Oakland, CA 94618 (APN: 14-1273-16) (“Claremont Property”); SJ - San Jose #4838-0783-3520 V1 (ii) 10410 N. Stelling Road, Cupertino, CA 95014 (APN: 326-30-094) (“Stelling Property”); and (iii) 10191 Santa Clara Avenue, Cupertino, CA 95014 (APN: 326-22-036) (“Santa Clara Property”). Each such $50,000 obligation will be secured by a deed of trust (see Section 4 below). AGARWAL agrees to look to each separate property for payment of each $50,000 installment. Interest shall accrue at the rate of ten percent (10%) per annum for each $50,000 installment from the date of recording of each respective deed of trust through the date of payment from each property. All closing and escrow costs shall be DMJ’s responsibility for each payoff transaction. Within forty eight (48) hours of notice, AGARWAL shall submit a demand for payoff in an amount of principal and accrued interest together with a duly executed Deed of Reconveyance in recordable form, acceptable to the escrow company, authorizing the recording and release of the corresponding Deed of Trust when the principal and accrued interest due AGARWAL 1's held by the escrow company for the benefit of AGARWAL. In the event any $50,000 payment, plus interest, or any portion therefor, is not made upon sale, refinance or transfer of the corresponding property securing the amount plus accrued interest, DMJ remains responsible for paying said amount and Agarwal may enforce this Agreement pursuant to Section 664.6 of the Code of Civil Procedure to recover any unpaid amount. 3. Lis Pendens Releases. The payment of the portion of the Settlement Amount by DMJ in section 2(a) above, is strictly conditional upon the timely release SJ - San Jose #4838-0783-3520 V1 by Plaintiff of all Lis Pendens recordings made by or on behalf of Plaintiff in this action by the recording of a Release of Lis Pendens substantially in the form attached as Exhibit A for each property affected. a. Disclosed recorded Lis Pendens. Plaintiff confirms the following recordings have been made: Original Recording 1. 5401 Claremont Avenue, Oakland., California (Original recording #201 9076979) 2. 118 Telles Lane, Fremont, California (Original recording #201 9079598) 3. 10410 N. Stelling Road, Cupertino, California (Original recording #241 68989) 4. 26 Alpine Avenue, Los Gatos, California (Original recording #24168990) 5. 7825 Lilac Court, Cupertino, California (Original recording #24168991) 6. 10191 Santa Clara Av., Cupertino, California (Original recording #241 68992) Second Recording 7. 5401 Claremont Avenue, Oakland., California (#2019093484) 8. 118 Telles Lane, Fremont, California (#2019093485) 9. 10410 N. Stelling Road, Cupertino, California (#24183363) 10.26 Alpine Avenue, Los Gatos, California (#24183366) 11.7825 Lilac Court, Cupertino, California (#24183365) 12. 10191 Santa Clara Avenue, Cupertino, California (#24183364) Third Recording 13.18833 Tuggle Avenue Cupertino CA 95015 (APN 375-33-056) 14. 15435 Blackberry Hill Road Los Gatos CA 95030 (APN 532-25- 015) b. Undisclosed Lis Pendens. The payment of the Settlement Amount is conditioned upon the release by Plaintiff of any and all Lis Pendens or title defects arising from this Action. SJ - San Jose #4838-0783-3520 V1 c. No Additional Recordings. Plaintiff will take no further action to affect title to properties of DMJ or otherwise hinder or hamper DMJ’s ability to obtain insurable title from a title insurance company of DMJ’s choice to any third-party lender, purchaser or encumbrancer for value. 4. m To facilitate the timely release of all claimed liens and encumbrances arising from the recordings associated with the Action, DMJ will open an escrow with a title company of DMJ’s choice (with the restriction that the escrow officer cannot be Jason Herrera), and perform a preliminary title search for DMJ properties in order to identify liens and encumbrances associated with the Action and Plaintiff’s claims in the Action. DMJ will notify Plaintiff through counsel of record of any additional defects to title or recordings which must be removed prior to the payment of the first installment of the Settlement Amount. a. For each title defect noted by the title company associated with the Action, or Plaintiffs claims made in the Action Plaintiff shall cause to be deposited into the custody of the escrow holder a fully executed and recordable Release of Lis Pendens in the form attached as Exhibit A or such form or forms acceptable to the title company to allow title to the particular property to be insured free of all claims of Plaintiff. All deposits of documents by or on behalf of Plaintiff shall be made with the title company and be accompanied by instructions that they are not to be recorded SJ - San Jose #4838-0783-3520 V1 unless or until the amount of $800,000 is held by the title company for the benefit of Plaintiff and any other conditions of funding have been fulfilled. b. DMJ shall deposit or cause to be deposited the sum of $800,000 into the custody of the escrow holder for payment of the first installment of the Settlement Amount to Plaintiff together with: (i) A fully executed Deed of Trust in recordable form in the form attached as Exhibit B securing the amount of $50,000.00 against the Claremont Property, and (ii) A fully executed Deed of Trust in recordable form in the form attached as Exhibit B securing the amount of $50,000.00 against the Stelling Property, and (iii) A fully executed Deed of Trust in recordable form in the form attached as Exhibit B securing the amount of $50,000.00 against the Santa Clara Property. c. All deposits of documents or funds by or on behalf of DMJ shall be made with the title company and be accompanied by instructions that they are not to be paid or recorded unless or until the title company holds satisfactory releases of all Lis Pendens in recordable form or other documents as deemed necessary by the title company to clear all claimed interests by Plaintiff for the benefit of DMJ and any other conditions of funding have been fulfilled to allow the first installment to be paid to Plaintiff. SJ - San Jose #4838-0783-3520 V1 d. When all conditions of closing are fulfilled the escrow holder shall proceed to record the releases identified herein and such other documents required to insure title and disburse the funds to Plaintiff for the first installment of $800,000 as provided in 2(a) above; record all evidence of security given by DMJ for the encumbered amount of $800,000 to any lender, lenders, or third party against such property or properties as directed by DMJ and thereafter record the three (3) deeds of trust identified in b (i), (ii) and (iii) above against the corresponding property. e. All closing, financing and associated cost of escrow will be borne by DMJ. After the effective date of this Agreement, no further lis pendens or liens shall be filed or recorded by AGARWAL. 5. DMJ, promptly upon the execution of this Agreement shall order a preliminary title report from the title of choice to obtain information as to the amount of secured debt recorded against each of the three properties and provide same to AGARWAL within 1O days. a. Plaintiffs recorded Deeds of Trust shall be junior to any additional debt taken on any of these properties to allow for payment of the sum set forth in paragraph 2(a) above. 6. AGARWAL shall file a dismissal with prejudice of the entire action upon receipt of the final payments referenced in Paragraph 2 above. SJ - San Jose #4838-0783-3520 V1 7. AGARWAL, for itself, successors, assigns, agents, representatives, and attorneys, hereby releases, acquits and forever discharges DMJ, Herrera their subsidiaries and affiliates, heirs, successors, assigns, representatives, attorneys, insurers, agents, and each of them, (all such persons and entities hereinafter included in the term “ DMJ Releasees”) from any and all causes of action, actions, judgments, liens, indebtedness, damages, losses, claims, liabilities and demands, of whatever kind or character, that they may have against them, or any of them, whether presently known or unknown, suspected or unsuspected, pertaining to the Action. 8. DMJ, for itself, successors, assigns, agents, representatives, and attorneys, hereby release, acquit and forever discharge AGARWAL, and their heirs, successors, assigns, representatives, attorneys, insurers, agents, and each of them, (all such persons and entities hereinafter included in the term “Plaintiff Releasees”) from any and all causes of action, actions, judgments, liens, indebtedness, damages, losses, claims, liabilities and demands, of whatever kind or character, that they may have against them, or any of them, whether presently known or unknown, suspected or unsuspected, pertaining to the Action. 9. The PARTIES hereto understand and agree that this Agreement extends to all claims of every nature and kind, known or unknown, suspected or unsuspected, arising out of or accruing in connection with any act or omission occurring prior to the execution of this instrument that pertains to the Action, and that any and all rights granted under Section 1542 of the Civil Code of California, and any analogous state or federal law or regulation are hereby expressly waived. Section 1542 of the Civil Code of California reads as follows: _ -8- SJ - San Jose #4838-0783-3520 V1 A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS [1] THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, [2] IF KNOWN BY HIM OR HER [3] WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. 10. The PARTIES hereto agree never to commence, prosecute, or cause to be commenced any action or proceeding whether administrative, legal or otherwise based upon any of the matters released by this Agreement and if and to the extent such proceeding has been commended that it be immediately and completely withdrawn and dismissed with prejudice. The PARTIES hereto further agree that this Agreement shall be deemed in breach and a cause of action shall accrue thereon immediately upon the commencement of any such action or the performance of any act contrary to this paragraph. In the event that an action is brought, this Agreement may be pleaded as a defense or it may be asserted by way of cross-complaint, counterclaim, or cross-claim in any such action, or may be used, as necessary to establish its terms. However, nothing herein shall prevent any PARTY from enforcing its rights as otherwise provided by law upon any breach of this Agreement or instrument referenced herein by any other PARTY. 11. All PARTIES hereto shall bear their own costs and attorneys’ fees incurred as a result of the Action. 12. The PARTIES, and each of them, warrant: (i) that no other person or entity has or claims, any interest in any of the claims, demands, causes of action, or damages covered in this Agreement; (ii) that they, and each of them, have the sole right and exclusive authority to execute this Agreement; and (iii) that they have not sold, assigned, transferred, conveyed or otherwise disposed of any claim, demand, _ -9- SJ - San Jose #4838-0783-3520 V1 cause of action, obligation, damage or liability covered in this Agreement. 13. AGARWAL and DMJ warrant that no part of any claim which provides a basis for any claim asserted in or for the Action has been assigned to any person or entity. 14. AGARWAL and DMJ acknowledge, represent and warrant that no person or entity, nor any agent or attorney of any person or entity, has made any promise, representation or warranty whatever, express or implied, other than those expressly contained herein, so as to tend to induce them to execute this Agreement. AGARWAL and DMJ expressly acknowledge, represent and warrant that they have not executed this Agreement in reliance on any promise, representation, warranty or fact not set forth herein. 15. Each of the PARTIES hereto acknowledge that it may hereafter discover facts different from or in addition to those it now knows or believes to be true with respect to the claims, demands, damages, debts, liabilities, accounts, actions referenced above or causes of action herein released which relate to the Action. The PARTIES fully understand that if the facts with respect to which this Agreement is executed should later be found to be different from any fact which they now believe to be true, they have expressly accepted and assumed the risk of such possible differences in facts and agree that this Agreement shall be and remain effective notwithstanding such difference, if any, and notwithstanding the alleged reason for such difference or how such difference may subsequently be labeled or categorized. 16. It is expressly understood and agreed that this Agreement may not be altered, amended, modified or otherwise changed in any respect or particular _ 10- SJ - San Jose #4838-0783-3520 V1 whatsoever, except by a writing duly executed by all parties hereto, or their authorized representatives, and the parties hereto, and each of them, acknowledge and agree that none of them will make any claim that this Agreement has been orally altered or modified in any respect whatsoever. 17. If any term, provision, covenant, condition, or portion of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, provisions, covenants and conditions or portions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 18. This Agreement is executed voluntarily and without any duress or undue influence on any party, or on behalf of any party hereto, or their officers, employees, agents, affiliates or attorneys. The PARTIES hereto acknowledge that they have been represented by counsel of their own choice in the negotiations for and preparation of this Agreement, or in the alternative, they have knowingly and voluntarily waived their right to have counsel review same. 19. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 20. The terms of this Agreement have been negotiated by the PARTIES hereto, and no provision of this Agreement shall be construed against either party as the drafter thereof. 21. This Agreement is a result of a compromise between the PARTIES, and shall never at any time or for any purpose be considered as an admission of liability and/or responsibility on the part of any party herein released, nor shall the payment of any sum of money in consideration for the execution of this Agreement constitute -11- SJ - San Jose #4838-0783-3520 V1 or be construed as an admission of any liability whatsoever by any party herein released, each of which continues to deny such liability and disclaim such responsibility. 22. This Agreement constitutes the entire agreement between the PARTIES hereto, and each of them, with respect to the subject matter of the Action. This Agreement 1's the final embodiment of the PARTIES’ agreement and all prior discussions relating to or in any way connected with the subject matters of this agreement are merged into and superseded by the terms of this Agreement. 23. The PARTIES agree to execute such additional and supplementary documents as may be usual, necessary and commercially reasonable to aid in the performance of the terms and conditions of this AGREEMENT and give it full force and effect. 24. The PARTIES agree this 1's a judicially enforceable settlement agreement under Section 664.6 of the Code of Civil Procedure. 25. This Agreement shall be construed in accordance with the laws of the State of California. 26. This Agreement may be executed in any number of counterparts and via facsimile, each of which shall be an original, but all of which together shall constitute one instrument. 27. The PARTIES hereby agree to a mutual non-disparagement clause. Specifically, neither party shall say or write anything negative, defamatory, or critical of the other party or its businesses, including without limitation, the posting of any critiques or comments on social media. _ 12- SJ - San Jose #4838-0783-3520 V1 28. The terms of the settlement shall remain CONFIDENTIAL, and the PARTIES shall not disclose the terms of the settlement to any third parties other than immediate family members, counsel, accountants, lenders, financial partners and if required by a Court of law or under power of subpoena or disclosures necessitated by the sale of any property referenced herein or any Court order. To the extent disclosure is necessitated by any breach of this Agreement or instrument referenced herein by any other PARTY disclosure is allowed but only to the extent necessary to provide for the enforcement of the Agreement. 29. The prevailing party in any legal action brought by one party against the other party arising out of and/or to enforce the terms of this Agreement shall be entitled, in addition to any other rights and remedies it might have, to reimbursement of its expenses, including reasonable attorney’s fees. IN WITNESS WHEREOF, the PARTIES have executed this Mutual Release and Settlement Agreement as of the date set forth below. 42'; Dated: January é , 2020 ARVIND K. AGARWAL AND NEELo AGARWAL As TRUSTEES 0F THE AGARWAL TRUST DATED AUGUST 2, 2001 By: @NWAGARWAL By: 7AW C112 NééLo AGARWAL _ -13- SJ - San Jose #4838-0783-3520 v1 Dated: January 6th , 2020 DMJ HOME SOLUTIONS, LLC By: W DAVID HERRERA Operating Manager Dated: January 6th , 2020 W DAVID HERRERA Individual _ 14- SJ - San Jose #4838-0783-3520 V1 EXHIBIT A lO ll 12 l3 l4 15 l6 l7 18 l9 20 21 22 23 24 25 26 27 Attorney for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA Case No Plaintiff, V. WITHDRAWAL OF NOTICE OF ACTION PENDING Defendants. [Lis Pendens] NOTICE IS HEREBY GIVEN that Plaintiff, , as , hereby Withdraws the Notice of Action Pending (Lis Pendens) that was recorded in the above action 0n , as Document N0.: The above Notice ofPendency ofAction (Lis Pendens) affects certain property that is the subj ect of this action and commonly known as and is more particularly described in Exhibit “A” attached hereto and made a part hereof. This Notice of Withdrawal is recorded pursuant t0 Code of Civil Procedure section 405.50. _ 1 _ WITHDRAWAL OF NOTICE OF ACTION PENDING [LIS PENDENS] Case N0.: lO ll 12 l3 l4 15 l6 l7 18 l9 20 21 22 23 24 25 26 27 Dated: -2- WITHDRAWAL OF NOTICE OF ACTION PENDING [LIS PENDENS] Case No.: lO ll 12 l3 l4 15 l6 l7 18 l9 20 21 22 23 24 25 26 27 ACKNOWLEDGMENT A notary public 0r other officer completing this certificate verifies only the identity of the individual Who signed the document t0 Which this certificate is attached, and not the truthfulness, accuracy, 0r validity of that document. State 0f California ) ) County of Santa Clara) On , before me, , a Notary Public, personally appeared Who proved t0 me 0n the basis of satisfactory evidence t0 be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityfies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of Which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State 0f California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public [Seal] -3- WITHDRAWAL OF NOTICE OF ACTION PENDING [LIS PENDENS] Case No.: lO ll 12 l3 l4 15 l6 l7 18 l9 20 21 22 23 24 25 26 27 The action affects the title of real property situated in the County 0f EXHIBIT “A” DESCRIPTION State 0f California, described as follows: -4- WITHDRAWAL OF NOTICE OF ACTION PENDING [LIS PENDENS] Case No.: EXHIBIT B RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Name Street Address City & State Zip Title Order No. Escrow No. Assessors Parcel Number: SPACE ABOVE THIS LINE FOR RECORDER’S USE DEED OF TRUST WITH ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY This DEED OF TRUST, made between herein called TRUSTOR, whose address is (Number and Street) (City) (State) (Zip Code) CHICAGO TITLE COMPANY, a California Corporation, herein called TRUSTEE, and , herein called BENEFICIARY, Trustor irrevocably grants, transfers and assigns to Trustee in Trust, with Power of Sale that property in County of , State of California, described as: Together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits. For the Purpose of Securing (1) payment of the sum of $ with interest thereon according to the terms of a promissory note or notes of even date herewith made by Trustor, payable to order of the Beneficiary, and extensions or renewals thereof; (2) the performance of each agreement of Trustor incorporated by reference or contained herein or reciting it is so secured; (3) Payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or his or her successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A of that certain Fictitious Deed of Trust referenced herein, and it is mutually agreed that all of the provisions set forth in subdivision B of that certain Fictitious Deed of Trust recorded in the book and page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, namely: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 1288 556 Kings 858 71 3 Placer 1028 379 Sierra 38 187 Alpine 3 130-31 Lake 437 110 Plumes 166 1307 Siskiyou 506 762 Amador 133 438 Lassen 192 367 Riverside 3778 347 Solano 1287 621 Butte 1330 51 3 Los Angeles T-3878 874 Sacramento 71 -1 0-26 61 5 Sonoma 2067 427 Calveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56 Colusa 323 391 Marin 1849 122 San Bernardino 6213 768 Sutter 655 585 Contra Costa 4684 1 Mariposa 90 453 San Francisco A-804 596 Tehama 457 183 Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595 El Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108 Fresno 5052 623 Modoc 191 93 San Mateo 4778 175 Tuolumne 177 160 Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237 Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16 Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693 lnyo 165 672 Nevada 363 94 Shasta 800 633 Kern 3756 71 82 Orange 71 82 18 San Diego Series 5 Book 1964, Page 149774 Page 1 shall inure to and bind the parties hereto, with respect to the propert above described. Said agreements, terms and provisions contained in said subdivisions A and B, (identical in all counties) are preprinted on the fol owing pages hereof and are by the within reference thereto, incor orated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein, and Beneficiary may charge for a statemen regarding the obligation secured hereby, provided the charge thereof does not exceed the maximum allowed by laws The lundersigned Trustor. requests that a copy of any notice of default and any notice of sale hereunder be mailed to him or her at his or her address hereinbefore set forth. Dated Signature of Trustor A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On before me, (here insert name and title of the officer) , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. WITNESS my hand and °fii°ial seal (This area for official notarial seal) Signature Page 2 DO NOT RECORD The following is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded in each County in California as stated in the foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein. A. To protect the security of this Deed of Trust. Trustor agrees: (1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may he constructed. damaged or destroyed thereon and tn pay when due all claims for labor performed and materials fumished therefor; to comply with all laws affecting said property or requiring any aflerations or improvements to be made thereon; not to commit or permit waste thereof; not to commit. suffer, or permit any act upon said property in violation of law: to cultivate. irrigate, fertilize. fumigale. prune and do all other acts which from the character or use of said property may be reasonably necessary. tha specific enumerations herein nut excluding the general. (2) To provide. maintain and deliver to Beneficiary fire inSurance satisfactory to and with loss payable to Beneficiary. The am0unt collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine. or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such appficafion or release shall not cure orwaive any default or notice of defauli hereunder or invalidate any act done pursuant ta such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, with interest. on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may, make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge, or lien which in the judgement of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his or her reasonable fees. (5) To pay immediately and without demand all sums so expanded by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby, any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. B. It is mutually agreed: (1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him or her in the same manner and with the same effect as above provided for regarding disposition of proceeds of fire or other insurance. (2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his or her right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (3) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon; orjoin in any extension agreement or any agreement subordinating the lien or charge hereof. (4) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled thereto." (5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his or her own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property , the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall Cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. (8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term Beneficiary shall mean the owner and holder, including pledgees of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or the neuter, and the singular number includes the plural. (9) The Trustee accepts this Trust when this Deed, duty executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. Page 3 DO NOT RECORD REQUEST FOR FULL RECONVEYANCE TO CHICAGO TITLE COMPANY The undersigned is the legal owner and holder of the note or hates, and of all other indebtedness secured by the foregoing Deed of Trust. Said note or notes, together with all other indebtedness secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing tn you under the terms of said Deed of Trust, to cancel said note Dr notes above mentioned, and all other evidence of indebtedness secured by said Deed of Trust delivered to you herewith. together with the said Deed of Tmst, and tn reconvey, without warranty, to the parties designated by the terms of said Deed of Trust. all the estate now held by you under the same. Dated Please mail Deed of Trust, Note and Reconveyance to Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made. Chicago Title ® Page 4 SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA DEPARTMENT 20 161 North First Street, San Jose, CA 95113 408.882.2320 ~ 408.882.2296 (fax) gem 4 the Court I smanoukian@scscourt.org 7 95““ 6' sm‘ég'fiafléw http://www.scscourt.org BY _ ' - r ~ '* ‘ ' Arvind Agarwal et a1 vs David Herrera et a1 CASE NO. 19CV344918 DATE: 16 July 2020 TIME: 9:00 am LINE NUMBER: 5 This matter wi|| be heard by the Honorable Judge Socrates Peter Manoukian in Department 20 in the Old Courthouse, 2nd Floor, 161 North First Street, San Jose. Any party opposing the tentative ruling must call Department 20 at 408.808.6856 and the opposing party no later than 4:00 PM on 15 July 2020. Please specify the issue to be contested when calling the Court and Counsel. ORDER GRANTING MOTION OF PLAINTIFF TO ENFORCE SETTLEMENT AGREEMENT. l. Statement of Facts. Plaintiffs filed this complaint on 20 March 2019.1 The settlement agreement was executed on 6 January 2020. In an order filed on 24 July 2019, Judge Kirwan denied the motion of Defendants to expunge Iis pendens recordings on six properties. Plaintiffs filed this motion on 11 March 2020 on the basis that the Mutual Release and Settlement Agreement ("Settlement Agreement" is enforceable under Code of Civil Procedure, § 664.6 and Defendants have breached the Settlement Agreement by failing to pay the initial $800,000 by February 20, 2020, and failing to record the three deeds of trust securing the remaining $150,000 payment. Defendants filed papers on 1 May 2020, asking this Court to continue the matter for 60 days. Defendants claim they were unable to submit an actual opposition to the motion due to “shelter in place" orders that existed throughout this County? Without getting into specific history, the matter was then continued t0 this date to allow Defendants to file an opposition. No substantive opposition has yet been filed. Plaintiffs have concerns that Defendants are on the brink of bankruptcy. In that event, Plaintiffs do not wish t0 remain an unsecured creditor in any bankruptcy ll. Analysis. Code of Civil Procedure, § 664.6 empowers a court to enforce a settlement agreement by way of a summary procedure if certain requirements are satisfied. (Weddington Productions, Inc. v. Flick (1 998) 60 Cal.App.4th 793, 810; see also Kilpatrick v. Beebe (1990) 219 Cal.App.3d 1527, 1529.) The requirements are (1) 1 This Department intends to comply with the time requirements of the Trial Court Delay Reduction Act (Government Code, §§ 68600-68620). The California Rules of Court state that the goal of each trial court should be to manage limited and unlimited civil cases from filing so that 100 percent are disposed of within 24 months. (Ca. St. Civil Rules of Court, Rule 3.714(b)(1)(C) and (b)(2)(C). ?This Court is we” aware of Mr. Clayton's personal situation. 16 July 2020 ORDER GRANTING MOTION OF PLAINTIFF Page 1 of 2 TO ENFORCE SETTLEMENT AGREEMENT. contract formation, and (2) a writing signed by the parties that contains the material terms. (Weddington Productions, Inc. v. Flick, supra, 60 Cal.App.4th at 797.) The Settlement Agreement must be signed by the party seeking to enforce the agreement under Code of Civil Procedure, § 664.6 and the party against whom it is to be enforced. (Harris v. Rudin, Richman & Appel (1 999) 74 Cal.App.4th 299, 305; see also SuIIy-Miller Contracting Co v. Gledson/Cashman Const., Inc. (2002) 103 Cal.App.4th 30, 37.) A meeting of the minds must occur on the material terms of the contract in order for a contract to be formed and for a judgment to be entered pursuant to its terms. (Kohn v. Jaymar-Ruby (1994) 23 Cal.App.4th 1530, 15334) Here, the Settlement Agreement was entered into on January 6, 2020 and was signed by Plaintiffs and Defendants. (Exhibit A to Dal Cielo Decl. at pgs. 13 and 14.) The Settlement Agreement is a "writing signed by the parties" and thus this Court shouId convert the Settiement Agreement into a judgment pursuant to the agreement of the Parties. Therefore, in the instant case, both requirements have been met. This Court will grant the motion but encourages both parties to continue to meet and confer on the resolution of this matter. III. Conclusion and Order. The motion of Plaintiff to enforce the settlement agreement is GRANTED. Judgment will be entered in favor of plaintiff and against defendant in the amount of $950,000.00. Plaintiff is entitled to prejudgment interest and 1mm“ . reasonable attorneys fees and costs. 5 ‘3ng 3, izézzi jm1:?” K {gym g i 52:1 g ix 2 w;t _. ~ ‘ ,, _. .\ WV k,“ ii“. fiflv/“Wfig‘ 3 X x flDATEDi \é ‘ 'k kl. SOCRAYE§ IETER MANdeIAN / ‘1 “1 Judge 0f the Superior Court 5 \3 County ofSanta Clara (k A ,0... ; .li'r’ 16 July 2020 ORDER GRANTING MOTION OF PLAINTIFF Page 2 of 2 TO ENFORCE SETTLEMENT AGREEMENT. SUPERIOR COURT OF CALIFORNIA COUNTY 0F SANTA CLARA DOWNTOWN COURTHOUSE 191 NORTH FIRST STREET SAN JOSE, CALIFORNIA 951 l3 CIVIL DIVISION (ENWRSEW g $5M gm Douglas W. DalCielo Burke Williams & Sorenson LLP JUL 3 1 mm 60 South Market St Suue 1000 Clerk ma m9 Cgurtsan Jose CA 951 1 3 superior Court of CA County of Santa Clara RY DEPUTY RE: Arvind Agarwal et al vs David Herrera et al Case Number: 190V344918 PROOF 0F SERVICE ORDER GRANTING MOTION 0F PLAINTIFF TO ENFORCE SETTLEMENT AGREEMENT was delivered to the parties listed below the above entitled case as set forth in the sworn declaration below. If you, a party represented by you, or a witness to be called on behalf of that party need an accommodation under the American with Disabi|ities Act, please contact the Court Administrator’s office at (408) 882-2700, or use the Court’s TDD line (408) 8822690 or the Voice/TDD California Relay Service (800) 735-2922. DECLARATION OF SERVICE BY MAIL: I declare that l served this notice by enclosing a true copy in a sealed envelope, addressed to each person whose name is shown below, and by depositing the envelope with postage fully prepaid, in the United States Mail at San Jose, CA on July 31, 2020. CLERK OF THE COURT, by Hientrang Tranthien, Deputy. cc: William B Clayton Jr 333 W Santa Clara St Suite 618 San Jose CA 951 13 CW~9027 REV 12/08/16 PROOF OF SERVICE \Om-QO\ 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ARVIND K. AGARWAL AND NEELO Case N0. 19CV34491 8 AGARWAL AS TRUSTEES OF THE AGARWAL FAMJIY TRUST DATED WEBER] JUDGMENT AUGUST 2, 2001, Plaintiffs, Action Filed: March 20, 2019 v. DMJ HOME SOLUTIONS, LLC, A NEVADA LLC; DAVID HERRERA, APEX DEVELOPMENT GROUP, LLC, A NEVADA LLC, ERIC FOGELSONG, DAN NOBLE, MICHAELA ROUSSEAU and DOES 1 through 150, inclusive, Defendants. Plaintiffs ARVIND K. AGARWAL AND NEELO AGARWAL AS TRUSTEES OF THE AGARWAL FAMILY TRUST DATED AUGUST 2, 2001 (hereinafter collectively “Agarwal” 0r “Plaintiff”) Motion to Enforce Settlement Agreement (hereinafter “Motion to Enforce”) pursuant to Code of Civil Procedure section 664.6 came on for hearing on July 16, 2020. Plaintiff‘s Motion to Enforce was brought against Defendants DMJ HOME SOLUTIONS, LLC (hereinafigr “DMJ”) and DAVID HERRERA (hereinafter “Herrera”) t0 enforce a settlement agreementxdaled January 6, 2020. 0n July 20, 2020, the Court issued an Order Granting Plaintiff’s Motion to Enforce and stated “Judgment will be entered in favor 0f plaintiff and against defendant in the SJ - San Jose #4843-6004-0647 v2 - 1 - 07693-0001 W] JUDGMENT OO\IO\UI$ \O 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 amount of $950,000. Plaintiff is entitled to prejudgment interest and reasonable attorneys fees and costs.” Accordingly, IT IS HEREBY ADJUDGED AND DECLARED that judgment is entered in favor of Plaintiff and against Defendants DMJ and HERRERA, jointly and severally, in the principal amount of $950,000. Plaintiff is also awarded prejudgment interest at the rate 0f 10% per annum from February 20, 2020 through the date of this Judgment pursuant to Civil Code section 3289(b). The daily prejudgment interest amount is $260.47 and the total amount of prejudgment interest is $ IT IS FURTHER ADIUDGED AND DECLARED that pursuant to the Coum’s Order filed on July 24, 2019 denying Defendant DMJ’S Motion to Expunge Lis Pendens, Plaintiff stated a real property claim against Defendant DMJ. Plaintiff has a judgment lien against each of the real properties described below, each of which relates back to the date of recording of the Lis Pendens as to each respective property identified below. The real propenies subject t0 a judgment lien, as of the date 0f the recording of each Lis Pendens, are as follows: 1. 5401 Claremont Avenue, Oakland, CA 94618; Assessor’s Parcel Number 14- 1273-16, Notice of Pendency of Action recorded in Alameda County on May 20, 2019, as Document Number 2019093484; 2. 118 Telles Lane, Fremont, CA 94539; Assessor’s Parcel Number 5 13-0401-073- 02, Notice of Pendency of Action recorded in Alameda County 0n May 20, 2019, as Document Number 2019093485; 3. 10410 N. Stelling-Road, Cupertino, CA 95014; Assessor’s Parcel Number 326- 30-094, Notice 0f Pendency of Action recorded in Santa Clara County on May 20, 2019, as Document Number 24183363; 4. 7825 Lilac Court, Cupertino, CA 95014; Assessor’s Parcel Number 359-03-028, Notice of Pendency of Action recorded in Santa Clara County 0n May 20, 2019, as Document Number 24183365; SJ - San Jose #48434004-0647 v2 - 2 - 07693-0001 WJUDGMENT OOQONUI-D- \O 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 18833 Tuggle Avenue, Cupertino, CA 95014; Assessor’s Parcel Number 375-33- 056, Notice 0f Pendency of Action recorded in Santa Clara County on July 31, 2019, as Document Number 24243382; 6. 15435 Blackberry Hill Road, Los Gatos, CA 95030; Assessor’s Parcel Number 532-25-015, Notice 0f Pendency of Action recorded in Santa Clara County on September 26, 2019, as Document Number 24291008; 7. 15445 Blackberry Hill Road; Los Gatos, CA 95030; Assessor’s Parcel Number 532-25-014, Notice of Pendency of Action recorded in Santa Clara County on November l9, 2019, as Document Number 24334908. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff is awarded costs in the amount of $ and is awarded attorney fees in the amount of $ for all fees and costs incurred in connection with Plaintiff's Motion t0 Enforce. Plaintiff shall file their Memorandum of Costs and Motion for Attomey’s Fees pursuant t0 the Code of Civil Procedure sections 1032 and 1033.5. Dated:mwfiW, 2020 3% mim1»- JUDGE OF THE SUPERIOR COURT SJ - San Jose #4843-6004-0647 v2 _ 3 _ 0769341001 WJUDGMENT SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN COURTHOUSE 191 NORTH FIRSTSTREET SAN}osE, CALIFORNLA 95113 CIVIL DIVISION Superrer Geun oi CA nry of Santa Clara BY DEPUW RE: Arvind Agarwal et al vs David Herrera et al Case Number: 190V344918 PROOF OF SERVICE JUDGMENT was delivered to the parties listed below the above emitted case as set forth in the sworn declaration below. Jf you, a party represented by you. or a witness to be called on behalf of that party need an accommodation under the American with Disabilities Act, please contact the Court Administrator's office at (408) 882-2700, or use the Court's TDD line (408) 862-2690 or the Voice/TDD Caliiornia Relay Service (800) 735-2922. DECLARATION 0F SERVICE BY MAIL: | declare that | served this notice by enclosing a true copy In a sealed envelope. addressed to each person whose name is shown below, and by depositing the envelope with postage fulty prepaId. In the United States Mall at San Jose. CA on March 19. 2021. CLERK OF THE COURT. by Hientrang Tranthien, Deputy. cc: Douglas W DalCielo Burke Williams & Sorenson LLP 60 South Market St Suite 1000 San Jose CA 951 13 William B Clayton Jr 333 W Santa Clara St Suite 61 8 San Jose CA 951 13 Laurence J McEvoy 333 W Santa Clara St Suite 61 8 San Jose CA 951 13 CW-9027 REV 12/08/16 PROOF OF SERVICE LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 FEDERAL LD. No. IN ACCOUNT WITH: 95-1705973 March 6, 2020 ARVIND K. AND NEELO AGARWAL Invoice: 25 1 688 ARVIND@AGARWALHOME.COM Our File No.: 07693 - 0001 Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. FEES FOR PROFESSIONAL SERVICES RENDERED THROUGH February 29, 2020: 13,370.50 DISBURSEMENTS MADE TO YOUR ACCOUNT THROUGH February 29, 2020: 184.78 TOTAL THIS INVOICE 13,555.28 BALANCE OF RETAINER APPLIED TO BILL: ($4,795.85) TOTAL CURRENT CHARGES: $8,759.43 BALANCE DUE TO REPLENISH RETAINER TO $15,000: $23,759.43 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 IN ACCOUNT WITH: ARVIND K. AND NEELO AGARWAL ARVIND@AGARWALHOME.COM Our File NO.:07693 - 0001 Date 02/01/20 02/03/20 02/04/20 02/04/20 02/05/20 02/06/20 02/07/20 02/07/20 02/1 0/20 02/1 0/20 02/1 1/20 02/12/20 02/1 3/20 R :('D AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. Description 0f Services Rendered STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). FEDERAL |.D. NO. 95-1 705973 March 6, 2020 Hours 0.10 1.20 0.90 0.80 0.90 0.70 0.30 1.20 2.20 0.90 1.10 0.40 0.80 Invoice: 25 1 688 Tknr BMA DWD BMA DWD DWD DWD BMA DWD BMA DWD DWD BMA BMA ARVIND K. AND NEELO AGARWAL Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET A Page 3 Date 02/1 3/20 02/1 3/20 02/14/20 02/1 8/20 02/1 8/20 02/20/20 02/20/20 02/21/20 02/21/20 02/24/20 02/24/20 02/25/20 02/25/20 02/27/20 02/28/20 02/28/20 02/28/20 02/29/20 Date 12/31/19 Description 0f Services Rendered Hours 0.20- 0.70 1.10 0.20- 0.50 0.20 0.70 CORRESPONDENCE WITH TITLE AND CLIENT RE: STATUS; 0.30 CORRESPONDENCE T0 COUNSEL RE; SAME; TELEPHONE CALL FROM COUNSEL RE; UPDATE. TELEPHONE CONFERENCE WITH COUNSEL RE DISMISSAL, 0.90 ATTENTION T0 HERRERA PAYMENT AND MOTION T0 ENFORCE SETTLEMENT ATTENTION T0 REQUEST FOR DISMISSAL, REVIEW 0F 0.50 CORRESPONDENCE FROM CLAYTON RE STATUS, CORRESPONDENCE T0 COUNSEL ENCLOSING DISMISSAL EXCHANGE 0F EMAILS WITH CLIENT RE DEFAULT, EXCHANGE 0F 0.90 EMAILS WITH COUNSEL; TELEPHONE CONFERENCE WITH COUNSEL. CORRESPONDENCE WITH CLIENT RE:-. 0.20 EXCHANGE 0F EMAILS WITH CLIENT RE 1.20 ; ATTENTION T0 SAME; TELEPHONE CONFERENCE WITH COUNSEL. EXCHANGE 0F EMAILS WITH CLIENT RE-; 0.30 CONFERENCE RE SAME. ATTENTION T0 MOTION T0 ENFORCE SETTLEMENT; REVIEW 0F 0.50 CONFIDENTIALITY PROVISION. ATTENTION T0 DISMISSAL; TELEPHONE CONFERENCE WITH 0.90 COUNSEL; CONFERENCE MOTION T0 ENFORCE AND CONFIDENTIALITY DRAFT MOTION To ENFORCE 2.60 EDIT MOTION T0 ENFORCE 1.30 Description 0f Di_sbursement Quantity WESTLAW DECEMBER 20 1 9 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). DWD BMA DWD BMA DWD BMA DWD BMA DWD BMA DWD DWD BMA DWD MYH MYH Amount 130.60 ARVIND K. AND NEELO AGARWAL Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET A Page 4 Date Description 0f Di_sbursement Quantity Amount 02/12/20 TO: RUTH PIKE / DAWN FREDERIKSEN, CHICAGO TITLE 26.34 COMPANY; VENDOR: FEDERAL EXPRESS CORPORATION; INVOICE#: 6-935-29672; DATE: 2/21/2020 02/12/20 TO: RUTH PIKE / DAWN FREDERIKSEN, CHICAGO TITLE 26.34 COMPANY; VENDOR: FEDERAL EXPRESS CORPORATION; INVOICE#: 6-935-29672; DATE: 2/21/2020 02/24/20 POSTAGE - REQUEST FOR DISMISSAL 1.50 HSUEH, MICHAEL Y 3.9 X 495.00 = 1,930.50 DAL CIELO, DOUG W. 14.0 X 550.00 = 7,700.00 AFFRUNTI, BRIAN M. 6.6 X 550.00 = 3,630.00 ROSENTHAL, DAVID A. 0.2 X 550.00 = 110.00 TOTAL FEES 13,370.50 TOTAL DISBURSEMENTS 184.78 CASH APPLIED TO BILL: $4,795.85 BALANCE DUE: $8,759.43 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 FEDERAL LD. No. IN ACCOUNT WITH: 95-1705973 April 6, 2020 ARVIND K. AND NEELO AGARWAL Invoice: 252762 ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. PREVIOUS BALANCE (as of March 6, 2020) $8,759.43 PAYMENTS 0.00 BALANCE FORWARD 8,759.43 FEES FOR PROFESSIONAL SERVICES RENDERED THROUGH March 31, 2020: 9,515.00 DISBURSEMENTS MADE TO YOUR ACCOUNT THROUGH March 31, 2020: 36.90 CURRENT CHARGES 9,55 1 .90 REPLENISH RETAINER: $ 1 5,000.00 TOTAL DUE $ 33,311.33 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 ARVIND K. AND NEELO AGARWAL ARVIND@AGARWALHOME.COM Our File N0.: Date 03/02/20 03/02/20 03/03/20 03/03/20 03/03/20 03/03/20 03/03/20 03/04/20 03/04/20 03/04/20 03/05/20 03/10/20 03/10/20 03/1 1/20 03/1 1/20 03/12/20 03/17/20 07693 - 0001 AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. Description 0f Services Rendered ATTENTION TO CMC APPEARANCE AND DEFAULT; CONFERENCE RE MOTION TO ENFORCE; EXCHANGE OF EMAILS WITH CLIENT. OSC RE: DISMISSAL REVIEW APPEARANCE FOR DISMISSAL REVIEW CONFERENCE. RECEIPT AND REVIEW 0F STELLING FORECLOSURE NOTICE; CORRESPONDENCE T0 CLIENT RE:-. TELEPHONE CONFERENCE WITH ESCROW; TELEPHONE CONFERENCE WITH COUNSEL; EXCHANGE OF EMAILS WITH CLIENT. ATTEND OSC RE: DISMISSAL EDIT MOTION TO ENFORCE JUDGMENT ATTENTION TO MOTION TO ENFORCE SETTLEMENT AND SUPPORTING DECLARATION; REVIEW AND REVISIONS TO SAME. EMAIL TO COUNSEL RE: MOTION TO ENFORCE SETTLEMENT. EXCHANGE OF EMAILS WITH COUNSEL RE MOTION TO ENFORCE AND ESCROW; EXCHANGE OF EMAILS WITH CLIENT; TELEPHONE CONFERENCE WITH COUNSEL. RECEIPT AND REVIEW OF EMAIL FROM COUNSEL RE: PROPOSAL; FORWARD EMAIL TO CLIENT WITH COMMENT. EMAIL EXCHANGE WITH COUNSEL RE: STATUS. EXCHANGE 0F EMAILS WITH CLIENT RE_; TELEPHONE CONFERENCE WITH COUNSEL; CONFERENCE RE FURTHER HANDLING. EMAIL TO COUNSEL RE: HEARING ON MOTION TO ENFORCE SETTLEMENT. TELEPHONE CONFERENCE WITH COUNSEL RE TUGGLE FORECLOSURE; TELEPHONE CONFERENCE WITH COUNSEL RE ESCROW AND PERFORMANCE. EXCHANGE OF EMAILS WITH CLIENT; CONFERENCE RE EX PARTE. EMAIL EXCHANGE WITH COUNSEL RE: STATUS; REVIEW OF SAME. STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). April 6, 2020 Invoice: 252762 Hours 1.20 0.20 2.10 0.30 0.70 0.30 0.50 2.20 0.20 1.00 0.30 0.50 1.00 0.10 0.70 0.40 0.30 Tknr DWD MYH BMA BMA DWD MYH MYH BMA BMA DWD BMA BMA DWD BMA DWD DWD BMA ARVIND K. AND NEELO AGARWAL Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET A 495.00 5,335.00 3,685.00 Page 3 Date Description of Services Rendered Hours 03/17/20 EXCHANGE OF EMAILS WITH COUNSEL RE PIECEMEAL 0.70 CLOSINGS; TELEPHONE CONFERENCE WITH COUNSEL; CONFERENCE RE SAME. 03/1 8/20 EXCHANGE OF EMAILS WITH CLIENT; EXCHANGE OF EMAILS 1.10 WITH COUNSEL; CONFERENCE RE PIECEMEAL CLOSINGS; TELEPHONE CONFERENCE WITH COUNSEL. 03/19/20 EXCHANGE OF EMAILS WITH COUNSEL; EXCHANGE OF EMAILS 0.50 WITH CLIENT; CONFERENCE RE BLACKBERRY AND CLAREMONT. 03/24/20 EXCHANGE OF EMAILS WITH COUNSEL; EXCHANGE OF EMAILS 0.50 WITH CLIENT; CONFERENCE RE EX PARTE. 03/25/20 EMAIL TO COUNSEL RE: PROPOSAL. 0.20 03/25/20 EXCHANGE OF EMAILS WITH CLIENT; EXCHANGE OF EMAILS 0.30 WITH COUNSEL. 03/30/20 REVIEW OF DOCUMENTS RE: TUGGLE ESCROW; EMAIL TO DWD 0.50 RE: SAME. 03/30/20 EXCHANGE OF EMAILS WITH COUNSEL; REVIEW AND ANALYSIS 0.70 OF ATTACHMENTS RE TUGGLE; EXCHANGE OF EMAILS WITH CLIENT. 03/3 1/20 EXCHANGE OF EMAILS WITH COUNSEL RE TUGGLE; EXCHANGE 0.90 OF EMAILS WITH CLIENT; ATTENTION TO MOTION TO ENFORCE. HSUEH, MICHAEL Y 1.0 X 495.00 = DAL CIELO, DOUG W. 9.7 x 550.00 = AFFRUNTI, BRIAN M. 6.7 X 550.00 = Date Description 0f Disbursement Quantity 02/24/20 E-FILING TO SANTA CRUZ COUNTY SUPERIOR COURT-SANTA CRUZ; VENDOR: FIRST LEGAL NETWORK, LLC; INVOICE#: 70023519; DATE: 2/29/2020 02/24/20 DIRECT E-FILING TO SANTA CLARA-CIVIL; VENDOR: FIRST LEGAL NETWORK, LLC; INVOICE#: 700235 19; DATE: 2/29/2020 03/04/20 POSTAGE - PLAINTIFFS' NOTICE OF MOTION AND DECLARATION OF D. DAL CIELO 03/04/20 POSTAGE TOTAL FEES TOTAL DISBURSEMENTS TOTAL CURRENT CHARGES STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). Tkpr DWD DWD DWD DWD BMA DWD BMA DWD DWD Amount 27.00 5.50 2.20 2.20 9,515.00 36.90 9,551.90 LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 FEDERAL |.D. NO. IN ACCOUNT WITH: 95-1705973 May 6, 2020 ARVIND K. AND NEELO AGARWAL Invoice: 253965 ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. PREVIOUS BALANCE (as of April 6, 2020) $18,3 1 1.33 PAYMENTS -8,759.43 BALANCE FORWARD 9,551.90 FEES FOR PROFESSIONAL SERVICES RENDERED THROUGH April 3o, 2020; 3,355.00 DISBURSEMENTS MADE T0 YOUR ACCOUNT THROUGH April 30, 2020: 150.50 CURRENT CHARGES 3,505.50 REPLENISH RETAINER; $10.000..00 TOTAL DUE $ 23,057.40 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 ARVIND K. AND NEELO AGARWAL ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. May 6, 2020 Invoice: 253965 Date Description 0f Services Rendered Hours Tknr 04/01/20 EXCHANGE OF EMAILS WITH COUNSEL RE TUGGLE AND 0.70 DWD SETTLEMENT; EXCHANGE OF EMAILS WITH CLIENT. 04/03/20 ATTENTION TO SALE OF TUGGLE; REVISED ESCROW 1.70 BMA INSTRUCTIONS; CORRESPONDENCE TO COUNSEL AND ESCROW RE: SAME. 04/03/20 EXCHANGE OF EMAILS WITH CLIENT; EXCHANGE OF EMAILS 0.80 DWD WITH COUNSEL; TELEPHONE CONFERENCE WITH CLIENT. 04/07/20 EXCHANGE OF EMAILS WITH COUNSEL; TELEPHONE 0.70 DWD CONFERENCE WITH COUNSEL. 04/08/20 EXCHANGE OF EMAILS WITH COUNSEL; TELEPHONE 0.40 DWD CONFERENCE WITH COUNSEL. 04/17/20 RECEIPT OF CORRESPONDENCE FROM COUNSEL RE: PROPOSAL; 0.20 BMA DISCUSSION WITH DWD RE: SAME. 04/1 8/20 EXCHANGE OF EMAILS WITH COUNSEL; EXCHANGE OF EMAILS 0.30 DWD WITH CLIENT. 04/23/20 ATTENTION TO EMAIL FROM CLIENT. 0.50 BMA 04/23/20 EXCHANGE OF EMAILS WITH CLIENT; TELEPHONE CONFERENCE 0.50 DWD WITH COUNSEL RE TUGGLE AND LIS PENDENS; EXCHANGE OF EMAILS WITH COUNSEL RE SAME. 04/25/20 EXCHANGE OF EMAILS WITH CLIENT; EXCHANGE OF EMAILS 0.30 DWD WITH COUNSEL. DAL CIELO, DOUG W. 3.7 x 550.00 = 2,035.00 AFFRUNTI, BRIAN M. 2.4 x 550.00 = 1,320.00 Date Description of Disbursement Quantity Amount 03/03/20 WESTLAW 30.50 03/04/20 E-FILING - NTC OF MTN; DECL - VENDOR: FIRST LEGAL 27.00 NETWORK, LLC; INVOICE#: 70023703; DATE: 3/15/2020 03/1 1/20 E-FILING - DECL; NTC - SCSC - SAN JOSE - VENDOR: FIRST 27.00 LEGAL NETWORK, LLC; INVOICE#: 70023703; DATE: 3/15/2020 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). ARVIND K. AND NEELO AGARWAL Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET A Page 3 Date Description of Disbursement Quantity Amount 03/17/20 ADDITIONAL BILLING - SCSC - SAN JOSE - VENDOR: FIRST 66.00 LEGAL NETWORK, LLC; INVOICE#: 70023877; DATE: 3/3 1/2020 TOTAL FEES 3,355.00 TOTAL DISBURSEMENTS 150.50 TOTAL CURRENT CHARGES 3,505.50 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 FEDERAL |.D. NO. IN ACCOUNT WITH: 95-1705973 June 3, 2020 ARVIND K. AND NEELO AGARWAL Invoice: 255078 ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. PREVIOUS BALANCE (as ofMay 6, 2020) $13,057.40 PAYMENTS 43,057.40 BALANCE FORWARD 0.00 FEES FOR PROFESSIONAL SERVICES RENDERED THROUGH May 31, 2020; 4,400.00 DISBURSEMENTS MADE T0 YOUR ACCOUNT THROUGH May 31, 2020: 0.00 CURRENT CHARGES 4,400.00 TOTAL DUE T0 PAY INVOICE AND REPLENISH RETAINER: $ 19,400.00 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 ARVIND K. AND NEELO AGARWAL ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. Date Description 0f Services Rendered 05/01/20 REVIEW 0F OPPOSITION T0 MOTION T0 ENFORCE SETTLEMENT. 05/02/20 REVIEW AND ANALYSIS 0F OPPOSITION T0 MOTION T0 ENFORCE SETTLEMENT; CONFERENCE RE FURTHER HANDLING. 05/04/20 REVIEW 0F OPPOSITION T0 MOTION T0 ENFORCE SETTLEMENT; PREPARED REPLY T0 SAME. 05/04/20 REVIEW 0F TENTATIVE RULING RE: MOTION T0 ENFORCE SETTLEMENT; E-MAIL T0 CLIENT RE:-. 05/04/20 EXCHANGE 0F EMAILS WITH CLIENT RE-; CONFERENCE RE HEARING AND FURTHER HANDLING. 05/05/20 REVIEW AND ANALYSIS 0F DMJ OPPOSITION; REVIEW AND ANALYSIS 0F FORECLOSURE NOTICES (LILAC AND TELLES); EXCHANGE 0F EMAILS WITH COUNSEL; EXCHANGE 0F EMAILS WITH CLIENT. 05/07/20 REVIEW 0F EMAIL FROM COUNSEL RE: STATUS 0F PROPERTIES. 05/07/20 EXCHANGE 0F EMAILS WITH COUNSEL; EXCHANGE 0F EMAILS WITH CLIENT; TELEPHONE CONFERENCE WITH COUNSEL. 05/12/20 REVIEW 0F NOTICES 0F DEFAULT RECEIVED FOR TELLES, LILAC AND BLACKBERRY. 05/12/20 REVIEW AND ANALYSIS 0F NOTICES 0F DEFAULT; EXCHANGE 0F EMAILS WITH CLIENT; EXCHANGE 0F EMAILS WITH COUNSEL. 05/21/20 EXCHANGE 0F EMAILS WITH COUNSEL; EXCHANGE 0F EMAILS WITH CLIENT. 05/27/20 ATTENTION To PENDING MOTION T0 ENFORCE SETTLEMENT; CORRESPONDENCE WITH CLIENT RE: s 05/27/20 EXCHANGE 0F EMAILS WITH COUNSEL RE CLOSINGS; EXCHANGE 0F EMAILS WITH CLIENT. DAL CIELO, DOUG W. 3.8 x 550.00 = AFFRUNTI, BRIAN M. 4.2 x 550.00 = TOTAL FEES TOTAL DISBURSEMENTS STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). June 3, 2020 Invoice: 255078 Hours Tknr 0.70 BMA 0.80 DWD 2.00 BMA 0.30 BMA 0.30 DWD 0.80 DWD 0.20 BMA 0.70 DWD 0.40 BMA 0.40 DWD 0.50 DWD 0.60 BMA 0.30 DWD 2,090.00 2,3 10.00 4,400.00 0.00 ARVIND K. AND NEELO AGARWAL Re: AGARWAL v. DMJ HOME SOLUTIONS, LLC, ET A Page 3 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). TOTAL CURRENT CHARGES 4,400.00 LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 IN ACCOUNT WITH: ARVIND K. AND NEELO AGARWAL ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. PREVIOUS BALANCE (as of June 3, 2020) PAYMENTS BALANCE FORWARD FEES FOR PROFESSIONAL SERVICES RENDERED THROUGH June 30, 2020: DISBURSEMENTS MADE TO YOUR ACCOUNT THROUGH June 30, 2020: CURRENT CHARGES REPLENISH RETAINER TOTAL DUE STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). FEDERAL |.D. NO. 95-1 705973 July 7, 2020 Invoice: 256170 $4,400.00 0.00 4,400.00 4,235.00 5.50 4,240.50 $15,000.00 $ 23,640.50 LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 July 7, 2020 ARVIND K. AND NEELO AGARWAL Invoice; 256 1 70 ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. Date Description 0f Services Rendered Hours Tknr 06/16/20 PREPARED EX PARTE APPLICATION TO ADVANCE HEARING DATE 2.20 BMA AND SUPPORTING DOCUMENTATION. 06/16/20 REVIEW AND ANALYSIS OF OSC NOTICE; CONFERENCE RE EX 0.30 DWD PARTE AND FURTHER HANDLING; EXCHANGE OF EMAILS WITH COUNSEL RE STATUS. 06/17/20 FINALIZED EX PARTE APPLICATION TO ADVANCE HEARING DATE 0.80 BMA AND PREPARED FOR FILING; PREPARED PROPOSED ORDER. 06/1 8/20 ATTENTION TO EX PARTE; EXCHANGE OF EMAILS WITH 0.70 DWD COUNSEL. 06/21/20 REVIEW AND ANALYSIS OF EX PARTE OPPOSITION; CONFERENCE 0.60 DWD RE FURTHER HANDLING. 06/22/20 RECEIPT AND REVIEW OF ORDER RE: EX PARTE APPLICATION. 0.20 BMA 06/30/20 RECEIPT AND REVIEW OF OPPOSITION TO MOTION TO ENFORCE 2.10 BMA SETTLEMENT; REVIEW OF ORDER FROM COURT RE: HEARING DATE; REVIEW OF EMAIL FROM COUNSEL RE: PROPOSAL; LENGTHY CALL WITH CLIENT RE:_; EMAIL T0 COUNSEL. 06/30/20 REVIEW AND ANALYSIS OF EX PARTE OPPOSITION; CONFERENCE 0.80 DWD RE REPLY; EXCHANGE OF EMAILS WITH COUNSEL AND CLIENT. DAL CIELO, DOUG W. 2.4 x 550.00 = 1,320.00 AFFRUNTI, BRIAN M. 5.3 X 550.00 = 2,915.00 Date Description 0f Disbursement Quantity Amount 05/04/20 E-FILING - VENDOR: FIRST LEGAL NETWORK, LLC; INVOICE#: 5.50 70024154; DATE: 5/15/2020 TOTAL FEES 4,235.00 TOTAL DISBURSEMENTS 5.50 TOTAL CURRENT CHARGES 4,240.50 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). ARVIND K. AND NEELO AGARWAL Re: AGARWAL v. DMJ HOME SOLUTIONS, LLC, ET A Page 3 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 FEDERAL LD. No. IN ACCOUNT WITH: 95-1705973 August 5, 2020 ARVIND K. AND NEELO AGARWAL Invoice: 257265 ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. PREVIOUS BALANCE (as of July 7, 2020) $8,640.50 PAYMENTS -4,400.00 BALANCE FORWARD 4,240.50 FEES FOR PROFESSIONAL SERVICES RENDERED THROUGH July 31, 2020: 5,720.00 DISBURSEMENTS MADE TO YOUR ACCOUNT THROUGH July 31, 2020: 176.50 CURRENT CHARGES 5,896.50 TOTAL DUE $ 10,137.00 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 ARVIND K. AND NEELO AGARWAL ARVIND@AGARWALHOME.COM Our File N0.: Date 07/01/20 07/02/20 07/02/20 07/08/20 07/09/20 07/1 5/20 07/1 6/20 07/1 6/20 07/1 7/20 07/1 7/20 07/1 8/20 07/27/20 07/27/20 07/28/20 07693 - 0001 AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. Description 0f Services Rendered CALL WITH COUNSEL FOR HERRERA; EMAIL T0 CLIENT RE:-; FOLLOW-UP WITH COUNSEL RE; TENTATIVE RULING; EMAIL T0 CLIENT RE;-; REVIEW 0F DOCUMENT FROM CLIENT RE:_. APPEARANCE FOR EX PARTE RE; HEARING DATE; CORRESPONDENCE T0 CLIENT RE:-; LEGAL RESEARCH 0N RELATION BACK 0F JUDGMENT T0 DATE 0F LIS PENDENS RECORDING. CONFERENCE RE HEARING; EXCHANGE OF EMAILS WITH CLIENT AND COUNSEL. REVIEW AND ANALYSIS OF LETTER AND EMAIL FROM COUNSEL; EXCHANGE OF EMAILS WITH CLIENT; EXCHANGE OF EMAILS WITH COUNSEL. EXCHANGE OF EMAILS WITH COUNSEL AND CLIENT RE SETTLEMENT; TELEPHONE CONFERENCE WITH COUNSEL. CORRESPONDENCE WITH CLIENT RE;-. PREPARATION FOR ORAL ARGUMENT 0N MOTION T0 ENFORCE SETTLEMENT; APPEARANCE FOR MOTION T0 ENFORCE SETTLEMENT; CORRESPONDENCE T0 CLIENT RE:-. CONFERENCE RE MOTION TO ENFORCE HEARING; ATTENTION TO CLIENT EMAILS. ATTENTION TO OFFER FROM DMJ; CORRESPONDENCE WITH CLIENT RE:-. REVIEW AND ANALYSIS OF EMAILS FROM COUNSEL; CONFERENCE RE RESPONSE AND FURTHER HANDLING. EMAIL T0 CLIENT RE:-. REVIEW OF CORRESPONDENCE FROM LENDER ON SANTA CLARA PROPERTY. REVIEW AND ANALYSIS OF DEMAND LETTER RE SANTA CLARA FORECLOSURE; CONFERENCE RE RESPONSE TO DEMAND TO REMOVE LIS PENDENS. EMAIL TO CLIENT RE: STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). August 5, 2020 Invoice: 257265 Hours 1.10 1.60 0.70 0.90 0.90 0.20 1.80 0.50 0.30 0.50 0.10 0.20 0.40 0.30 Tknr BMA BMA DWD DWD DWD BMA BMA DWD BMA DWD BMA BMA DWD BMA ARVIND K. AND NEELO AGARWAL Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET A Page 3 Date Description of Services Rendered Hours Tkpr 07/28/20 EMAILS REGARDING FORECLOSURE BUYER DEMAND FOR 0.30 DAR AGARWAL TO REMOVE LIS PENDENS, OUTLINE ANALYSIS REGARDING SAME 07/29/20 EMAIL TO COUNSEL RE: SANTA CLARA FORECLOSURE; REVIEW 0.40 BMA OF COURT DOCKET FOR STATUS OF ORDER ON MOTION FOR JUDGMENT. 07/3 1/20 REVIEW OF EMAIL FROM COUNSEL FOR SANTA CLARA LENDER; 0.20 BMA CORRESPONDENCE To CLIENT RE:-. DAL CIELO, DOUG W. 3.9 X 550.00 = 2,145.00 AFFRUNTI, BRIAN M. 6.2 X 550.00 = 3,410.00 ROSENTHAL, DAVID A. 0.3 x 550.00 = 165.00 Date Description 0f Disbursement Quantity Amount 06/1 8/20 DIRECT E-FILING VENDOR: FIRST LEGAL NETWORK, LLC; 71.50 INVOICE#: 70024420; DATE: 6/30/2020 06/19/20 DIRECT E-FILING VENDOR: FIRST LEGAL NETWORK, LLC; 5.50 INVOICE#: 70024420; DATE: 6/30/2020 06/22/20 DIRECT E-FILING VENDOR: FIRST LEGAL NETWORK, LLC; 5.50 INVOICE#: 70024420; DATE: 6/30/2020 06/24/20 VENDOR: COURTCALL, LLC; INVOICE#: 6/17/20-7/1/20; DATE: 94.00 7/1/2020 07/02/20 VENDOR: COURTCALL, LLC; INVOICE#: 7/1/20-7/1 1/20; DATE: 94.00 7/1/2020 07/16/20 REFUND - VENDOR: COURTCALL, LLC; INVOICE#: 7/14/20- -94.00 7/16/20; DATE: 7/14/2020 TOTAL FEES 5,720.00 TOTAL DISBURSEMENTS 176.50 TOTAL CURRENT CHARGES 5,896.50 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 FEDERAL LD. No. IN ACCOUNT WITH: 95-1705973 September 4, 2020 ARVIND K. AND NEELO AGARWAL Invoice: 258450 ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. PREVIOUS BALANCE (as 0f August 5, 2020) $10,137.00 PAYMENTS -4,241 .00 BALANCE FORWARD 5,896.00 FEES FOR PROFESSIONAL SERVICES RENDERED THROUGH August 31, 2020: 18,755.00 DISBURSEMENTS MADE TO YOUR ACCOUNT THROUGH August 31, 2020: 563.30 CURRENT CHARGES 19,3 1 8.30 TOTAL DUE $ 25,214.30 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 ARVIND K. AND NEELO AGARWAL ARVIND@AGARWALHOME.COM Our File N0.: Date 08/03/20 08/03/20 08/03/20 08/04/20 08/05/20 08/05/20 08/06/20 08/07/20 08/10/20 08/1 1/20 07693 - 0001 AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. Description 0f Services Rendered CORRESPONDENCE WITH CLIENT RE;_; CONFERENCE CALL WITH COUNSEL RE; SANTA CLARA; LEGAL RESEARCH RE: LIS PENDENS; REVIEW 0F DECLARATION FROM SELLER AND EMAIL T0 CLIENT-; CONFERENCE WITH DAVID ROSENTHAL RE; LIS PENDENS. REVIEW DEFENDANT RESPONSE TO DRAFT JUDGMENT, ANALYZE, EMAILS AND CONFERENCE WITH B. AFFRUNTI REGARDING SAME REVIEW AND ANALYSIS OF EMAILS AND DECLARATION RE SANTA CLARA FORECLOSURE; CONFERENCE RE FURTHER HANDLING. ATTENTION TO LIS PENDENS WITHDRAWAL FOR SANTA CLARA PROPERTY; MEETING WITH NOTARY; PREPARED COVER LETTER AND INSTRUCTIONS TO ESCROW; REVIEW OF NOTICE OF SALE FOR BLACKBERRY; REVIEW OF ORDER GRANTING MOTION TO ENFORCE SETTLEMENT. ANALYSIS OF CREDIT BID ELIGIBILITY FOR UNION LIEN HOLDER. FURTHER EMAILS WITH B. AFFRUNTI REGARDING JUNIOR LIEN HOLDER BIDDING RULES REVIEW AND ANALYSIS OF COURT ORDER; CONFERENCE RE FURTHER HANDLING AND AUCTIONS. CORRESPONDENCE WITH COUNSEL RE: BUYER OF SANTA CLARA PROPERTY. ATTENTION TO ORDER GRANTING MOTION TO ENFORCE; PREPARED FORM JUDGMENT AND COVER LETTER. REVIEW PROPOSED FORM OF JUDGMENT ON MOTION TO ENFORCE SETTLEMENT AGREEMENT, REVIEW UNDERLYING SETTLEMENT AGREEMENT AND MOTIONS REGARDING SAME, RESEARCH TERMS USED IN DRAFT ORDER, CONFERENCE WITH B. AFFRUNTI REGARDING SAME, DISCUSS AND PREPARE INITIAL OUTLINE ITEMS FOR ADVICE LETTER TO CLIENT REGARDING POST-JUDGMENT RECORDING ACTIVITIES TO RECOVER AMOUNTS OWED STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). September 4, 2020 Invoice: 258450 Hours 1.70 2.00 0.80 1.40 0.40 0.40 0.70 0.10 2.40 1.50 Tknr BMA DAR DWD BMA BMA DAR DWD BMA BMA DAR ARVIND K. AND NEELO AGARWAL Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET A Page 3 Date 08/12/20 08/13/20 08/13/20 08/14/20 08/14/20 08/14/20 08/17/20 08/17/20 08/17/20 08/18/20 08/1 8/20 08/18/20 08/18/20 08/1 8/20 08/19/20 08/19/20 08/20/20 08/20/20 08/21/20 08/21/20 08/26/20 08/3 1/20 Description of Services Rendered CORRESPONDENCE WITH CLIENT RE:_; CALL FROM COUNSEL; REVIEW 0F LETTER FROM COUNSEL RE: JUDGMENT; PREPARED RESPONSE LETTER; REVIEW 0F INFORMATION RE: STELLING; EMAIL T0 CLIENT-; ATTENTION T0 JUDGMENT ENFORCEMENT. REVIEW OF DEFENDANTS PROPOSED JUDGMENT; LEGAL RESEARCH ON RELATION BACK ISSUE; PREPARED RESPONSE LETTER AND AMENDED JUDGMENT. EXCHANGE OF EMAILS WITH CLIENTS; ATTENTION TO LETTER TO THE COURT ATTENTION TO RELATION BACK ISSUE FOR JUDGMENT AND LETTER FROM COUNSEL TO THE COURT. REVIEW FURTHER ATTORNEY CORRESPONDENCE TO COURT DISPUTING TERMS OF PROPOSED JUDGMENT AND LIEN PRIORITY, ANALYSIS AND EMAILS REGARDING SAME REVIEW AND ANALYSIS OF LETTER FROM COUNSEL; ATTENTION TO SAME (PRIORITY OF LIS PENDENS) REVIEW OF LETTER FROM COUNSEL; DRAFT OF LETTER TO JUDGE RE: JUDGMENT; RECEIPT AND REVIEW OF JUDGMENT. PREPARED LETTER T0 CLIENT RE:-. ATTENTION TO LETTER TO THE COURT; EXCHANGE OF EMAILS WITH CLIENT. PREPARED ESCROW INSTRUCTIONS FOR STELLING REFINANCE. ATTENTION T0 ABSTRACT 0F JUDGMENT. EMAIL WITH COUNSEL AND ESCROW RE: STELLING PROPOSAL. REVIEW AND REVISE LETTER T0 A. AGARWAL- 3 COMMUNICATIONS WITH B. AFFRUNTI REGARDING SAME EXCHANGE OF EMAILS WITH CLIENT; CONFERENCE RE STELLING AND COLLECTIONS LETTER. ATTENTION TO MEMORANDUM OF COSTS; EMAIL FROM COURT RE: JUDGMENT AND PREPARED RESPONSE. REVIEW AND ANALYSIS OF LETTER FROM THE COURT; EXCHANGE OF EMAILS WITH CLIENT; CONFERENCE RE FURTHER HANDLING. PREPARED DEED OF TRUST FOR STELLING; PREPARED ACCOMMODATION INSTRUCTIONS. REVIEW OF SUBORDINATION AGREEMENT. CORRESPONDENCE WITH CLIENT RE: ; FOLLOW-UP WITH TITLE; CORRESPONDENCE WITH ESCROW AND CLIENT RE: STELLING. ATTENTION TO STELLING CLISING AND SUBORDINATION AGREEMENT; EXCHANGE OF EMAILS WITH CLIENT. CORRESPONDENCE WITH CLIENT RE:-. CORRESPONDENCE WITH COURT RE: HEARING 0N JUDGMENT. STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). Hours 2.40 2.80 0.60 0.50 0.80 0.90 2.20 1.40 0.80 0.70 1.20 0.20 1.50 0.50 0.80 0.60 1.40 1.10 0.50 0.70 0.20 0.20 Tkpr BMA BMA DWD BMA DAR DWD BMA BMA DWD BMA BMA BMA DAR DWD BMA DWD BMA BMA BMA DWD BMA BMA ARVIND K. AND NEELO AGARWAL Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET A Page 4 Date Description of Services Rendered Hours Tkpr 08/3 1/20 CONFERENCE RE PINKBERRY AND MOTION TO AMEND; 0.70 DWD ATTENTION TO WRIT OF ATTACHMENT. DAL CIELO, DOUG W. 6.3 x 550.00 = 3,465.00 AFFRUNTI, BRIAN M. 21.6 X 550.00 = 11,880.00 ROSENTHAL, DAVID A. 6.2 x 550.00 = 3,410.00 Date Description 0f Di_sbursement Quantity Amount 06/29/20 JUNE 2020 WESTLAW 142.33 07/16/20 JULY 2020 WESTLAW 102.00 08/04/20 UPS STORE FOR COPIES AND NOTARY VENDOR: AFFRUNTI, 26.15 BRIAN; INVOICE#: 8/11/20; DATE: 8/1 1/2020 08/12/20 E-FILING VENDOR: FIRST LEGAL NETWORK, LLC; INVOICE#: 5.50 70024874; DATE: 8/15/2020 08/12/20 E-FILING VENDOR: FIRST LEGAL NETWORK, LLC; INVOICE#: 5.50 70024874; DATE: 8/15/2020 08/13/20 FILING VENDOR: FIRST LEGAL NETWORK, LLC; INVOICE#: 5.50 70024874; DATE: 8/15/2020 08/17/20 E FILING VENDOR: FIRST LEGAL NETWORK, LLC; INVOICE#: 5.50 70024942; DATE: 8/23/2020 08/1 8/20 OBTAIN 3 COPIES OF JUDGMENT VENDOR: FIRST LEGAL 229. 10 NETWORK, LLC; INVOICE#: 70024942; DATE: 8/23/2020 08/1 8/20 E FILING VENDOR: FIRST LEGAL NETWORK, LLC; INVOICE#: 27.00 70024942; DATE: 8/23/2020 08/19/20 DELIVERY VENDOR: FIRST LEGAL NETWORK, LLC; INVOICE#: 14.72 70024942; DATE: 8/23/2020 TOTAL FEES 18,755.00 TOTAL DISBURSEMENTS 563.30 TOTAL CURRENT CHARGES 19,318.30 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 FEDERAL LD. No. IN ACCOUNT WITH: 95-1705973 October 7, 2020 ARVIND K. AND NEELO AGARWAL Invoice: 2597 12 ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. PREVIOUS BALANCE (as of September 4, 2020) $25,214.30 PAYMENTS -5,896.00 BALANCE FORWARD 19,3 1 8.30 FEES FOR PROFESSIONAL SERVICES RENDERED THROUGH September 30, 2020: 11,709.50 DISBURSEMENTS MADE TO YOUR ACCOUNT THROUGH September 30, 2020: 0.00 CURRENT CHARGES 11,709.50 TOTAL DUE $ 31,027.80 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 ARVIND K. AND NEELO AGARWAL ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. Date Description 0f Services Rendered 09/01/20 ATTENTION T0 MEMORANDUM 0F COSTS; CORRESPONDENCE RE: STATUS 0F STELLING REFINANCE. 09/01/20 EXCHANGE 0F EMAILS WITH ESCROW AND COUNSEL RE STELLING; EXCHANGE 0F EMAILS WITH CLIENT; CONFERENCE RE MOTION T0 AMEND. 09/02/20 PREPARED EX PARTE APPLICATION PER COURT'S REQUEST. 09/03/20 PREPARATION AND APPEARANCE FOR HEARING 0N MOTION To ENFORCE JUDGMENT; CORRESPONDENCE T0 CLIENT RE:- 09/08/20 EMAIL T0 CLIENT RE:-; ANALYSIS 0F ALTER EGO LIABILITY. 09/1 1/20 EMAIL T0 CLIENT RE;-; LEGAL RESEARCH AND ANALYSIS RE: SAME. 09/1 8/20 CORRESPONDENCE To COUNSEL RE: STATUS 0F FORECLOSURES. 09/1 8/20 DRAFT MOTION FOR AMEND JUDGMENT To ADD JUDGMENT DEBTORS 09/21/20 CORRESPONDENCE T0 CLIENT RE: . 09/21/20 EXCHANGE 0F EMAILS WITH CLIENT RE-; EXCHANGE 0F EMAILS WITH COUNSEL. 09/21/20 EDIT MOTION To AMEND JUDGMENT 09/22/20 EDIT MOTION To AMEND JUDGMENT 09/24/20 CORRESPONDENCE WITH CLIENT RE:_. 09/25/20 CORRESPONDENCE To LENDER RE: STATUS 0F STELLING REFINANCE. 09/29/20 CORRESPONDENCE WITH CLIENT RE:--. HSUEH, MICHAEL Y 14.1 x 495.00 = DAL CIELO, DOUG w. 1.2 x 550.00 = AFFRUNTI, BRIAN M. 7.4 x 550.00 = TOTAL FEES STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). October 7, 2020 Invoice: 259712 Hours 1.00 0.90 2.20 1.50 1.10 0.90 0.10 4.60 0.10 0.30 5.80 3.70 0.20 0.20 0.10 6,979.50 660.00 4,070.00 Tknr BMA DWD BMA BMA BMA BMA BMA MYH BMA DWD MYH MYH BMA BMA BMA 11,709.50 ARVIND K. AND NEELO AGARWAL Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET A Page 3 TOTAL DISBURSEMENTS 0.00 TOTAL CURRENT CHARGES 11,709.50 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 IN ACCOUNT WITH: ARVIND K. AND NEELO AGARWAL ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. PREVIOUS BALANCE (as of October 7, 2020) PAYMENTS BALANCE FORWARD FEES FOR PROFESSIONAL SERVICES RENDERED THROUGH October 31, 2020: DISBURSEMENTS MADE TO YOUR ACCOUNT THROUGH October 31, 2020: CURRENT CHARGES TOTAL DUE REPLENISH RETAINER: NEW BALANCE DUE: STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). FEDERAL |.D. NO. 95-1 705973 November 4, 2020 Invoice: 260808 $31,027.80 -19,3 1 8.30 11,709.50 4,235.00 168.75 4,403.75 $ 16,1 13.25 $15,000.00 $31,113.25 LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 ARVIND K. AND NEELO AGARWAL ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. November 4, 2020 Invoice: 260808 Date Description 0f Services Rendered Hours Tknr 10/01/20 ATTENTION T0 TRUSTEE SALE NOTICE FOR CLAREMONT; EMAIL 0.60 BMA T0 COURT RE: STATUS. 10/07/20 PREPARED LETTER T0 JUDGE MANOUKIAN; REVIEW 0F 1.10 BMA RESPONSE FROM JUDGE; EMAIL To ALL PARTIES RE: STELLING REFINANCE. 10/08/20 REVIEW 0F E-MAIL FROM JUDGE MANOUKIAN; 0.30 BMA CORRESPONDENCE T0 CLIENT RE:-; EMAIL To COUNSEL RE: PERMISSION T0 COMMUNICATE WITH HERRERA. 10/13/20 APPEARANCE FOR HEARING RE: JUDGMENT; E-MAIL T0 COURT 2.10 BMA ENCLOSING JUDGMENT; CORRESPONDENCE T0 CLIENT RE: 10/20/20 ATTENTION T0 MOTION T0 AMEND IUDGMENT To ADD ALTER 2.40 BMA EGO DEFENDANTS; CALL FROM LAWYER REPRESENTING LENDER 0N BLACKBERRY AND CLAREMONT; EMAIL T0 CLIENT RE:-. 10/22/20 CORRESPONDENCE WITH COUNSEL FOR LENDER 0N 0.30 BMA CLAREMONT RE: FORECLOSURE STATUS; EMAIL T0 CLIENT RE; 10/28/20 REVIEW 0F CLIENT REVISIONS T0 MOTION T0 ADD JUDGMENT 0.60 BMA DEBTOR; REVIEW 0F DRAFT DECLARATION. 10/30/20 EMAIL WITH CLIENT RE;-; EMAIL T0 JUDGE MANOUKIAN 0.30 BMA RE: JUDGMENT. AFFRUNTI, BRIAN M. 7.7 x 550.00 = 4,235.00 Date Description of Disbursement Quantity Amount 08/1 8/20 AUGUST 2020 WESTLAW 157.75 09/01/20 FILING VENDOR: FIRST LEGAL NETWORK, LLC; INVOICE#: 5.50 70025175; DATE: 9/8/2020 09/02/20 FILING VENDOR: FIRST LEGAL NETWORK, LLC; INVOICE#: 5.50 70025175; DATE: 9/8/2020 TOTAL FEES 4,235.00 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). ARVIND K. AND NEELO AGARWAL Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET A Page 3 TOTAL DISBURSEMENTS 168.75 TOTAL CURRENT CHARGES 4,403.75 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 FEDERAL LD. No. IN ACCOUNT WITH: 95-1705973 December 4, 2020 ARVIND K. AND NEELO AGARWAL Invoice: 262161 ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. PREVIOUS BALANCE (as ofNovember 4, 2020) $16,1 13.25 PAYMENTS 0.00 BALANCE FORWARD 16,1 13 .25 FEES FOR PROFESSIONAL SERVICES RENDERED THROUGH November 30, 2020: 2,750.00 DISBURSEMENTS MADE TO YOUR ACCOUNT THROUGH November 30, 2020: 272.60 CURRENT CHARGES 3,022.60 TOTAL DUE $ 19,135.85 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 ARVIND K. AND NEELO AGARWAL ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. Date Description 0f Services Rendered 11/06/20 CONFERENCE RE COLLECTION AND PINKBERRY; EXCHANGE OF EMAILS WITH COURT CLERK. 11/09/20 PREPARED LETTER TO JUDGE MANOUKIAN RE: JUDGMENT. 11/09/20 ADDITIONS AND MODIFICATIONS TO LETTER TO JUDGE MANOUKIAN; CONFERENCE RE FRAUDULENT TRANSFERS AND WRIT OF ATTACHMENT. 11/13/20 REVIEW AND ANALYSIS OF JUDGMENT; CONFERENCE RE NOTICE OF ENTRY AND ABSTRACTS; EXCHANGE OF EMAILS WITH CLIENTRE- 11/20/20 EMAIL EXCHANGE WITH CLIENT RE:- 11/23/20 ATTENTION T0 DECLARATION 1N SUPPORT 0F MOTION To AMEND IUDGMENT; CORRESPONDENCE T0 CLIENT RE:-. 11/24/20 ATTENTION TO POST JUDGMENT MOTIONS; CONFERENCE RE FURTHER HANDLING. DAL CIELO, DOUG W. 2.1 X 550.00 = AFFRUNTI, BRIAN M. 2.9 X 550.00 = Date 09/22/20 TOTAL FEES Description 0f Disbursement SEPTEMBER 2020 WESTLAW TOTAL DISBURSEMENTS TOTAL CURRENT CHARGES STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). December 4, 2020 Invoice: 262 1 61 Hours Tknr 0.50 DWD 1.10 BMA 0.40 DWD 0.80 DWD 0.20 BMA 1.60 BMA 0.40 DWD 1, 1 55.00 1,595.00 Quantity Amount 272.60 2,750.00 272.60 3,022.60 LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 FEDERAL LD. No. IN ACCOUNT WITH: 95-1705973 January 7, 2021 ARVIND K. AND NEELO AGARWAL Invoice: 263306 ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. PREVIOUS BALANCE (as of December 4, 2020) $19,135.85 PAYMENTS -14,1 13.25 ADJUSTMENTS TO ACCOUNT -2,000.00 BALANCE FORWARD 3,022.60 FEES FOR PROFESSIONAL SERVICES RENDERED THROUGH December 31, 2020: 4,108.50 DISBURSEMENTS MADE TO YOUR ACCOUNT THROUGH December 31, 2020: 0.00 CURRENT CHARGES 4,108.50 TOTALDUE $7,131.10 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 ARVIND K. AND NEELO AGARWAL ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. Date Description 0f Services Rendered 12/02/20 ATTENTION T0 MOTION T0 AMEND JUDGMENT. 12/09/20 EXCHANGE 0F EMAILS WITH CLIENT ; CONFERENCE RE FURTHER HANDLING. 12/15/20 EMAIL T0 CLIENT RE;_. 12/16/20 ATTENTION T0 STATUS 0F JUDGMENT; REVIEW 0F DOCKET; ATTENTION T0 AMENDED RULES RE: EX PARTE PROCEDURE. 12/16/20 DRAFT EX PARTE AND SUPPORTING DECLARATION T0 SHORTEN TIME FOR HEARING DATE 0N MOTION T0 AMEND JUDGMENT. 12/17/20 FINALIZED MOTION T0 AMEND JUDGMENT FOR FILING; ATTENTION T0 EX PARTE APPLICATION. 12/1 8/20 APPEARANCE FOR EX PARTE HEARING RE: ORDER SHORTENING TIME; EMAIL T0 CLIENT RE:-. 12/1 8/20 CONFERENCE RE EX PARTE AND IUDGMENT; ATTENTION T0 MOTION To AMEND. 12/21/20 RECEIPT AND REVIEW 0F ORDER FROM JUDGE MANOUKIAN. HSUEH, MICHAEL Y 1.3 x 495.00 = DAL CIELO, DOUG W. 0.9 x 550.00 = AFFRUNTI, BRIAN M. 5.4 x 550.00 = TOTAL FEES TOTAL DISBURSEMENTS TOTAL CURRENT CHARGES STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). January 7, 2021 Invoice: 263306 Hours Tknr 1.90 BMA 0.50 DWD 0.10 BMA 0.40 BMA 1.30 MYH 2.10 BMA 0.70 BMA 0.40 DWD 0.20 BMA 643.50 495.00 2,970.00 4,108.50 0.00 4,108.50 LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 FEDERAL LD. No. IN ACCOUNT WITH: 95-1705973 February 3, 2021 ARVIND K. AND NEELO AGARWAL Invoice: 264544 ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. PREVIOUS BALANCE (as of January 7, 2021) $7,13 1 . 10 PAYMENTS 0.00 BALANCE FORWARD 7, 1 3 1 . 1 O FEES FOR PROFESSIONAL SERVICES RENDERED THROUGH January 31, 2021: 6,215.00 DISBURSEMENTS MADE TO YOUR ACCOUNT THROUGH January 31, 2021: 254.00 CURRENT CHARGES 6,469.00 TOTAL DUE $ 13,600. 1 0 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 ARVIND K. AND NEELO AGARWAL ARVIND@AGARWALHOME.COM Our File N0.: Date 01/05/21 01/05/21 01/08/21 01/10/21 01/11/21 01/11/21 01/15/21 01/15/21 01/19/21 01/22/21 07693 - 0001 AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. Description 0f Services Rendered REVIEW OF OPPOSITION TO ALTER EGO AMENDMENT. REVIEW AND ANALYSIS OF OPPOSITION TO MOTION TO AMEND JUDGMENT; CONFERENCE RE RESPONSE AND FURTHER HANDLING. REVIEW 0F OPPOSITION T0 MOTION FOR ALTER EGO JUDGMENT; CORRESPONDENCE T0 CLIENT RE:-; START 0F DRAFT 0F REPLY BRIEF. CORRESPONDENCE WITH CLIENT RE:-; PREPARED DECLARATION AND REVISIONS To SAME. ATTENTION TO ALTER EGO MOTION; PREPARED RESPONSE TO OBJECTIONS TO EVIDENCE; CORRESPONDENCE WITH CLIENT RE: ADDITIONS AND MODIFICATIONS TO REPLY TO MODIFY JUDGMENT; CONFERENCE RE COLLECTION ATTORNEY AND FURTHER HANDLING. REVIEW OF TENTATIVE RULING; CORRESPONDENCE WITH CLIENT RE: REVIEW AND ANALYSIS OF EMAIL FROM LENDER'S COUNSEL RE: CLAREMONT AND BLACKBERRY. EMAIL T0 CLIENT RE:-; PREPARATION AND APPEARANCE FOR MOTION To AMEND JUDGMENT. ATTENTION TO STATUS OF JUDGMENT; CORRESPONDENCE WITH LENDER'S COUNSEL RE: CLAREMONT AND BLACKBERRY. DAL CIELO, DOUG W. 1.6 X 550.00 = AFFRUNTI, BRIAN M. 9.7 X 550.00 = Date 11/1 3/20 12/17/20 February 3, 2021 Invoice: 264544 Hours 0.30 0.90 3.40 1.60 2.20 0.70 0.20 0.30 1.50 0.20 880.00 5,335.00 Description 0f Di_sbursement Quantity EFILING TO SANTA CLARA CIVIL; VENDOR: FIRST LEGAL NETWORK, LLC; INVOICE#: 70026221; DATE: 12/15/2020 DIRECT EFILING TO SANTA CLARA CIVIL; VENDOR: FIRST LEGAL NETWORK, LLC; INVOICE#: 700265 13; DATE: 1/8/2021 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). Tknr BMA DWD BMA BMA BMA DWD BMA BMA BMA BMA Amount 5.50 77.30 ARVIND K. AND NEELO AGARWAL Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET A Page 3 Date Description of Disbursement Quantity 12/1 8/20 EFILING IMMEDIATE TO SCSC-SAN JOSE; VENDOR: FIRST LEGAL NETWORK, LLC; INVOICE#: 70026278; DATE: 12/23/2020 01/1 1/21 DIRECT EFILING TO SANTA CLARA CIVIL; VENDOR: FIRST LEGAL NETWORK, LLC; INVOICE#: 70026549; DATE: 1/15/2021 TOTAL FEES TOTAL DISBURSEMENTS TOTAL CURRENT CHARGES STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). Amount 159.95 11.25 6,215.00 254.00 6,469.00 LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 FEDERAL LD. No. IN ACCOUNT WITH: 95-1705973 March 3, 2021 ARVIND K. AND NEELO AGARWAL Invoice: 265752 ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. PREVIOUS BALANCE (as of February 3, 202 1) $13,600.10 PAYMENTS 0.00 BALANCE FORWARD 13 ,600. 10 FEES FOR PROFESSIONAL SERVICES RENDERED THROUGH February 28, 2021: 880.00 DISBURSEMENTS MADE TO YOUR ACCOUNT THROUGH February 28, 2021: 5.50 CURRENT CHARGES 885.50 REPLENISH RETAINER $ 15,000.00 TOTAL DUE $29,485.60 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 March 3, 2021 ARVIND K. AND NEELO AGARWAL Invoice: 265752 ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. m Description 0f Services Rendered m m 02/02/21 ATTENTION T0 COURT DOCKET AND ENTRY RE; JUDGMENT; 0.60 BMA EMAIL T0 CLIENT RE;-; PREPARED LETTER T0 COURT. 02/04/21 REVIEW 0F DEEDS 0F TRUST FROM LENDER; CORRESPONDENCE 0.50 BMA WITH COUNSEL FOR LENDER; EMAIL T0 CLIENT RE:-. 02/08/21 EMAIL T0 CLIENT RE; . 0.40 BMA 02/24/21 EMAIL T0 CLIENT RE:_. 0.10 BMA AFFRUNTI, BRIAN M. 1.6 x 550.00 = 880.00 m Description 0f Disbursement Quantity Amount 01/05/21 DIRECT EFILING To SANTA CLARA CIVIL; VENDOR: FIRST 5.50 LEGAL NETWORK, LLC; INVOICE#: 70026856; DATE: 2/8/2021 TOTAL FEES 880.00 TOTAL DISBURSEMENTS 5.50 TOTAL CURRENT CHARGES 885.50 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 FEDERAL LD. No. IN ACCOUNT WITH: 95-1705973 April 5 , 2021 ARVIND K. AND NEELO AGARWAL Invoice: 267055 ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. PREVIOUS BALANCE (as of March 3, 2021) $14,485.60 PAYMENTS -7,13 1 . 10 BALANCE FORWARD 7,354.50 FEES FOR PROFESSIONAL SERVICES RENDERED THROUGH March 31, 2021: 2,915.00 DISBURSEMENTS MADE TO YOUR ACCOUNT THROUGH March 3 1 , 2021 : 0.00 CURRENT CHARGES 2,9 1 5 .OO TOTAL DUE $ 10,269.50 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 ARVIND K. AND NEELO AGARWAL ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. Date Description 0f Services Rendered 03/02/21 ATTENTION T0 REMOVAL 0F LIS PENDENS AND PRIORITY ISSUE. 03/02/21 CONFIRM NON-JUDICIAL FORECLOSURE 0F SENIOR LENDER WIPES OUT SUBSEQUENT LIS PENDENS, EMAILS WITH B. AFFRUNTI REGARDING SAME 03/09/21 PREPARED LETTER T0 JUDGE MANOUKIAN RE; JUDGMENT. 03/09/21 CORRESPONDENCE WITH CLIENT RE:-. 03/10/21 CORRESPONDENCE WITH CLIENT RE:-. 03/1 1/21 CORRESPONDENCE WITH CLIENT AND COUNSEL RE; RELEASE 0F LIs PENDENS. 03/12/21 CORRESPONDENCE WITH COURT RE: JUDGMENT. 03/17/21 PREPARED LETTER T0 ESCROW RE; LILAC SALE. 03/1 8/21 CORRESPONDENCE WITH CLIENT RE:-. 03/19/21 EMAIL EXCHANGE WITH CLIENT RE;-. 03/25/21 REVIEW 0F JUDGMENT; CORRESPONDENCE WITH CLEINT RE: 03/26/21 ATTENTION T0 ABSTRACT; CORRESPONDENCE T0 CLIENT RE; 03/3 1/21 CORRESPONDENCE WITH CLIENT RE:_. AFFRUNTI, BRIAN M. 4.8 x 550.00 = ROSENTHAL, DAVID A. 0.5 x 550.00 = TOTAL FEES TOTAL DISBURSEMENTS TOTAL CURRENT CHARGES STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). April 5, 2021 Invoice: 267055 Hours 0.70 0.50 0.70 0.30 0.30 0.20 0.20 0.80 0.20 0.30 0.30 0.70 0.10 2,640.00 275.00 Tknr BMA DAR BMA BMA BMA BMA BMA BMA BMA BMA BMA BMA BMA 2,915.00 0.00 2,915.00 LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 IN ACCOUNT WITH: ARVIND K. AND NEELO AGARWAL ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 Re: AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. PREVIOUS BALANCE (as of April 5, 2021) PAYMENTS BALANCE FORWARD FEES FOR PROFESSIONAL SERVICES RENDERED THROUGH April 30, 2021: DISBURSEMENTS MADE TO YOUR ACCOUNT THROUGH April 30, 2021: CURRENT CHARGES TOTAL DUE STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM). FEDERAL |.D. NO. 95-1 705973 May 5, 2021 Invoice: 268414 $10,269.50 -6,469.00 3,800.50 935.00 254.21 1,189.21 $ 4,989.71 LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP 444 SOUTH FLOWER STREET SUITE 2400 LOS ANGELES, CALIFORNIA 90071-2953 TELEPHONE (213) 236-0600 TELECOPIER (213) 236-2700 ARVIND K. AND NEELO AGARWAL ARVIND@AGARWALHOME.COM Our File N0.: 07693 - 0001 AGARWAL V. DMJ HOME SOLUTIONS, LLC, ET AL. May 5, 2021 Invoice: 268414 Date Description 0f Services Rendered Hours Tknr 04/02/21 ATTENTION TO UPDATED MEMORANDUM OF COSTS. 0.40 BMA 04/02/21 ATTENTION TO RELEASE OF LIS PENDENS. 0.50 BMA 04/13/21 PREPARED DEMAND LETTER TO ESCROW RE: LILAC PROPERTY. 0.50 BMA 04/22/21 REVIEW OF ALTER EGO ORDER. 0.30 BMA AFFRUNTI, BRIAN M. 1.7 x 550.00 = 935.00 Date Description of Disbursement Quantity Amount 03/26/21 FILING-ASAP, SCSC-SAN JOSE; VENDOR: FIRST LEGAL 122.48 NETWORK, LLC; INVOICE#: 70027259; DATE: 3/31/2021 04/05/21 DIRECT E-FILING, SANTA CLARA CIVIL; VENDOR: FIRST 11.25 LEGAL NETWORK, LLC; INVOICE#: 70027508; DATE: 4/8/2021 04/13/21 FILING-ASAP, SCSC-SAN JOSE; VENDOR: FIRST LEGAL 24.25 NETWORK, LLC; INVOICE#: 70027529; DATE: 4/15/2021 04/13/21 FILING-ASAP, SCSC-SAN JOSE; VENDOR: FIRST LEGAL 68.25 NETWORK, LLC; INVOICE#: 70027529; DATE: 4/15/2021 04/16/21 MELANIE LO; VENDOR: FEDERAL EXPRESS CORPORATION; 27.98 INVOICE#: 7-342-09832; DATE: 4/16/2021 TOTAL FEES 935.00 TOTAL DISBURSEMENTS 254.21 TOTAL CURRENT CHARGES 1,1 89.21 STATEMENTS ARE DUE AND PAYABLE UPON PRESENTATION. STATEMENTS NOT PAID WITHIN 30 DAYS ARE SUBJECT TO A MONTHLY SERVICE CHARGE OF 0.83% PER MONTH (10% PER ANNUM).