JudgmentCal. Super. - 6th Dist.March 20, 20191QCV34491 8 Santa Clara - Civil EFS-020 STATE BAR No_: 1571 09ATTORNEY 0R PARTY WITHOUT ATTORNEY: NAME; Douglas W. Dal Cielo FIRM NAME; Burke, Williams & Sorensen, LLP STREET ADDRESS; 60 South Market Street, Suite 1000 CITY: San Jose STATE; CA ZIP CODE: 951 13 TELEPHONE No; 408.606.6300 FAX N0; 408.606.6333 E-MAIL ADDRESS; ddalciel0@bWS|aw.C0m ATTORNEY FORmame); Arvind K. Agarwal and Neelo Agarwal SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDREss; 191 North First Street MAILING ADDRESS: 191 North First Street CITYAND ZIP CODE: San Jose 951 13 BRANCH NAME: PLAINTIFF/PETITIONER: Arvind Agarwal, et al. DEFENDANT/RESPONDENT: David Herrera OTHER: FOR COURT USE ONLY on 5/10/2021 4:02 PM Reviewed By: L. Nguyen Case #1 9CV344918 Envelope: 6413181 CASE NUMBER: 1QCV34491 8 JUDICIAL OFFICER: Hon. Socrates Manoukian DEPT: PROPOSED ORDER (COVER SHEET) 20 NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed order in PDF format are filed. 1. Name of the party submitting the proposed order: Arvind K. Agarwala and Neelo Agarwal as Trustees of the Agarwal Trust dated August 2, 2001 2. Title of the proposed order: Amended Judgment 3. The proceeding to which the proposed order relates is: a. Description of proceeding: Motion 0f Plaintiff to Substitute Alter Ego Defendant b. Date and time: January 19, 2021 c. Place: Department 20 4. The proposed order was served on the other parties in the case. DMJ Horne Solutions, LLC, David Herrera, David and Xenia Herrera, as Trustees of The Pink Berry Trust Brian M. Affru nti F (TYPE OR PRINT NAME) (SIGNATURE 9F PARTY OR A'I'I'ORNEY) Page 1 of 2 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California PROPOSED ORDER (COVER SHEET) EFS-020 [Rev. February 1, 2017] (Electronic Filing) rules 2.252, 3.1312 www.courts.ca.gov American LegalNet, Inc. www,FormsWorkFlow.com . EFS-020 CASE NAME: CASE NUMBER: ARVIND K. AGARWAL, et al. V. DMJ HOME SOLUTIONS, LLC, et al. 19CV344918 PROOF OF ELECTRONIC SERVICE PROPOSED ORDER 1. | am at least 18 years old and not a party to this action. Heather Hong a. My residence or business address is (specify): 60 South Market Street, Suite 1000 San Jose, CA 951 13 b. My electronic service address is (specify): hhong@bwslaw.com 2. | electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in an editable word-processing format as follows: a. On (name ofperson served) (If the person served is an attorney, the party or parties represented should also be stated): William B. Clayton and Larry McEvoy, Attorneys for DMJ Home Solutions, LLC and David Herrera b. To (electronic service address ofperson served): wbc@clayton-mcevoy.com; |jm@clayton-mcevoy.com c. On (date): May 1o, 2021 g Electronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the proposed order in an editable word-processing format on additional persons are described in an attachment. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: May 1o, 2021 Heather L. Hong P NWMg (TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARw EFS-020 [Rev. February 1, 2017] PROPOSED ORDER (COVER SHEET) Pagezofz (Electronic Filing) American LegalNet, Inc. www,FormsWorkFlow.com .p \OOONONUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Filed August 16, 2021 Clerk of the Court Superior Court of CA County of Santa Clara 190V34491 8 By: afloresca Signed: 8/16 021 09:19AM SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLAM ARVIND K. AGARWAL AND NEELO Case N0. 19CV34491 8 AGARWAL AS TRUSTEES OF THE AGARWAL TRUST DATED AUGUST 2,W AMENDED JUDGMENT 200 1 , 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. The Court issued its Judgment in favor of Plaintiffs ARVIND K. AGARWAL AND NEELO AGARWAL AS TRUSTEES OF THE AGARWAL TRUST DATED AUGUST 2, 2001 (“Plaintiff’ or “Agarwal”) 0n November 13, 2020 (“Judgment”), and against DMJ HOME SOLUTIONS, LLC (“DMJ”) and DAVID HERRERA (“HERRERA”). On April 19, 2021 the Court issued an Order that the Judgment shall be amended to add David Herrera and Xenia Herrera, as Trustees 0f The Pink Berry Trust, as judgment debtors on the basis David Herrera and Xenia Herrera, as Trustees of THE PINK BERRY TRUST, are the alter egos of DMJ and HERRERA. Accordingly, the November 13, 3020 Judgment is amended and Judgment shall be entered as follows: -1- [PW] AMENDED JUDGMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On July 20, 2020, the Court issued an Order Granting Plaintiffs Motion to Enforce Settlement and stated “Judgment will be entered in favor 0f plaintiff and against defendant in the amount 0f $950,000. Plaintiff is entitled t0 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, HERRERA and David Herrera and Xenia Herrera, as Trustees 0f THE PINK BERRY TRUST, jointly and severally, in the principal amount 0f $950,000. Plaintiff is also awarded prejudgment interest at the rate 0f 10% per annum from February 20, 2020 through the date 0f this Judgment pursuant t0 Civil Code section 3289(b). The daily prejudgment interest amount is $260.47. Plaintiff is awarded prejudgment interest through May 11, 2021 in the amount 0f $1 16,430.09. IT IS FURTHER ADJUDGED AND DECLARED that pursuant t0 the Court’s Order filed on July 24, 2019 denying Defendant DMJ’s Motion t0 Expunge Lis Pendens, Plaintiff stated a real property claim against Defendant DMJ. Plaintiff has a judgment lien against each 0f the real properties described below, each 0f which relates back t0 the date 0f recording 0f the Lis Pendens as t0 each respective property identified below. The real properties subject t0 a judgment lien, as 0f the date 0f the recording 0f each Lis Pendens, are as follows: 1. 5401 Claremont Avenue, Oakland, CA 94618; Assessor’s Parcel Number 14- 1273-16, Notice 0f Pendency 0f Action recorded in Alameda County 0n May 20, 2019, as Document Number 2019093484; 2. 118 Telles Lane, Fremont, CA 94539; Assessor’s Parcel Number 513-0401-073- 02, Notice 0f Pendency 0f Action recorded in Alameda County 0n May 20, 2019, as Document Number 20 1 9093485 ; 3. 10410 N. Stelling Road, Cupertino, CA 95014; Assessor’s Parcel Number 326- 30-094, Notice 0f Pendency 0f Action recorded in Santa Clara County 0n May 20, 2019, as Document Number 24183363; -2- [PW AMENDED JUDGMENT .p \OOONONUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . 7825 Lilac Court, Cupertino, CA 95014; Assessor’s Parcel Number 359-03-028, Notice of Pendency 0f Action recorded in Santa Clara County 0n May 20, 2019, as Document Number 241 83365; 18833 Tuggle Avenue, Cupertino, CA 95014; Assessor’s Parcel Number 375-33- 056, Notice of Pendency 0f Action recorded in Santa Clara County 0n July 31, 2019, as Document Number 24243382; 15435 Blackberry Hill Road, Los Gatos, CA 95030; Assessor’s Parcel Number 532-25-015, Notice of Pendency 0f Action recorded in Santa Clara County on September 26, 2019, as Document Number 24291008; 15445 Blackberry Hill Road, Los Gatos, CA 95030; Assessor’s Parcel Number 532-25-014, Notice of Pendency 0f Action recorded in Santa Clara County on November 19, 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 0f $246.15 for all fees and costs incurred in connection with Plaintiff’s Motion to Enforce. Plaintiff shall file their Memorandum of Costs and Motion for Attorney’s Fees pursuant to the Code of Civil Procedure sections 1032 and 103 3 .5 . Signed: 8/14/2021 03:44 PM d 14 August 2021 WW Dated: WXXXXXXXKXI Socrates Peter Manoukian JUDGE OF THE SUPERIOR COURT SJ - San Jose #4825-7868-0040 v1 07693-0001 -3- [PROPUSED] ALIENDED JUDGMENT
