Judgment

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

\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