Judgment Notice of Entry Civil

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

CIV-1 30 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Douglas W. Dal Cielo (1 571 09) Brian M. Affrunti (227072) _Burke, Williams & Sorensen, LLP EleCtromcaHy Flled 60 South Market Street, Suite 1000 by SUPemr 00"” °f CA! San Jose, CA 951 13 county Of santa Clara, TELEPHONE No.: 408.606.6300 FAX N0.(0ptiona/):408.606.6333 0n 8/1 7/2020 4:14 PM E-MAILADDRESS(0ptiona/): ddaIcie|0@bwslaw.com/baffrunti@bWS|aW.Com ReViewed By: R. Tien ATTORNEY FOR (Name): Arvind K. Agarwal and Neelo Agarwal Case #1 9CV34491 8 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara Envelope: 4777685 STREET ADDRESS: 191 North First Street MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: PLAINTIFF/PETITIONER: ARVIND K. AGARWAL, et al. DEFENDANT/RESPONDENT: DMJ HOME SOLUTIONS, LLC, et al. CASE NUMBER:NOTICE OF ggToRRYDOEFRJUDGMENT 19CV34491 8 (Check one): g UNLIMITED CASE D LIMITED CASE (Amount demanded (Amount demanded was exceeded $25,000) $25,000 or less) TO ALL PARTIES : 1. Ajudgment, decree, or order was entered in this action on (date): August 17, 2020 2. A copy of the judgment, decree, or order is attached to this notice. Date: August 17, 2020 Brian M. Affrunti > (TYPE OR PRINT NAME OF E ATTORNEY D PARTY WITHOUT A'I'I'ORNEY) (SIGNATURE) Page 1 of 2 Form Approved for Optional Use www‘couninfo‘cagov Judicial Council of California Egg)?" [New January 1' NOTICE OF ENTRY OF JUDGMENT OR ORDER www.courtinfo.ca.gov American LegalNet, Inc. www.FomlsWorkFlow.com CIV-1 30 PLAINTIFF/PETITIONER: ARVIND K. AGARWAL, et al. DEFENDANT/RESPONDENT: DMJ HOME SOLUTIONS, et al. CASE NUMBER: 1 QCV34491 8 PROOF OF SERVICE BY FIRST-CLASS MAIL NOTICE OF ENTRY OF JUDGMENT OR ORDER (NOTE: You cannot serve the Notice of Entry of Judgment or Order ifyou are a party in the action. The person who served the notice must complete this proof of service.) 1. | am at least 18 years old and not a party to this action. | am a resident of or employed in the county where the mailing took place, and my residence or business address is (specify): 2. | served a copy of the Notice of Entry of Judgment or Order by enclosing it in a sealed envelope with postage fully prepaid and (check one): a. D deposited the sealed envelope with the United States Postal Service. b. D placed the sealed envelope for collection and processing for mailing, following this business‘s usual practices, with which | am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service. 3. The Notice of Entry of Judgment or Order was mailed: a. on (date): b. from (city and state): 4. The envelope was addressed and mailed as follows: a. Name of person served: c. Name of person served: Street address: Street address: City: City: State and zip code: State and zip code: b. Name of person served: d. Name of person served: Street address: Street address: City: City: State and zip code: State and zip code: D Names and addresses of additional persons served are attached. (You may use form POS-030(P).) 5. Number of pages attached | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT) Page 2 of 2 ClV-1 30 [New Jan uary 1, 2010] NOTICE OF ENTRY OF JUDGMENT OR ORDER American LegalNemnc. Qwww.FormsWorkFlow.com KOOOQQ 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 SAN JOSE PROOF 0F SERVICE I, Heather L. Hong, declare: I am a citizen 0f the United States and employed in Santa Clara County, California. I am over the age of eighteen years and not a party to the Within-entitled action. My business address is 60 South Market Street, Suite 1000, San Jose, California 951 13-2336. On August 17, 2020, I served a copy 0f the Within document(s): NOTICE OF ENTRY OF JUDGMENT OR ORDER - JUDGMENT D by transmitting Via facsimile the document(s) listed above to the fax number(s) set forth below 0n this date before 5:00 p.111. D by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, the United States mail at San Jose, California addressed as set forth below. D by placing the document(s) listed above in a sealed envelope and affixing a pre-paid air bill, and causing the envelope to be delivered t0 a Delively Service agent for delivery. D by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. by transmitting via my electronic service address (hhong@bwslaw.com) the document(s) listed above to the person(s) at the e-mail address(es) set forth below. William B Clayton, Jr., Esq. Larry McEvoy, Esq. CLAYTON & McEVOY P.C. 333 W. Santa Clara Street #618 San Jose, CA 951 13-1721 Email: wbc@c1avton-mcevov.com Email: lim@clavton-mcevov.com Attorneysfor Defendants DMJHOME SOLUTIONS, LLC andDA VID HERRERA I declare under penalty of peljury under the laws of the State of California that the above is true and correct. PROOF OF SERVICE 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 SAN JOSE Executed 0n August 17, 2020, at San Jose, California. SJ - San Jose #4815-8410-6440 V1 07693-0001 -2- Heather L. 011g PROOF OF SERVICE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Reviewed B : R. Tien on 8/13/202 4:15 PM Envelope: 4762124 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ARVIND K. AGARWAL AND NEELO AGARWAL AS TRUSTEES OF THE AGARWAL FAMILY TRUST DATED AUGUST 2, 2001, Plaintiffs, 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. ase N0. 19CV344918 SED] JUDGMENT Action Filed: March 20, 2019 Filed August17,2020 Clerk of the COL Superior Court < County of Santa 19CV34491 8 By: afloresca 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 t0 Enforce”) pursuant t0 Code 0f Civil Procedure section 664.6 came 0n for hearing on July 16, 2020. Plaintiffs Motion t0 Enforce was brought against Defendants DMJ HOME SOLUTIONS, LLC (hereinafter “DMJ”) and DAVID HERRERA (hereinafter “Herrera”) t0 enforce a settlement agreement dated January 6, 2020. On July 20, 2020, the Court issued an Order Granting Plaintiffs 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 07693-0001 -1- Irt )f CA Clare [P OSED] JUDGMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 0f Plaintiff and against Defendants DMJ and HERRERA, jointly and severallyfinfi: 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 and the total amount 0f prejudgment interest is $ 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; 4. 7825 Lilac Court, Cupertino, CA 95014; Assessor’s Parcel Number 359-03-028, Notice 0f Pendency 0f Action recorded in Santa Clara County 0n May 20, 2019, as Document Number 241 83365; SJ - San Jose #4843-6004-0647 V2 _ 2 _ 07693-0001 20 02:33 PNk [PR ED] JUDGMENT 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 0f Action recorded in Santa Clara County 0n 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 0f Action recorded in Santa Clara County 0n September 26, 2019, as Document Number 24291008; 7. 15445 Blackberry Hill Road, Los Gatos, CA 95030; Assessor’s Parcel Number 532-25-014, Notice 0f Pendency 0f Action recorded in Santa Clara County 0n November 19, 2019, as Document Number 24334908. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff is awarded costs in the amount 0f $ and is awarded attorney fees in the amount 0f $ for all fees and costs incurred in connection with Plaintiffs Motion to Enforce. Plaintiff shall file their Memorandum 0f Costs and Motion for Attorney’s Fees pursuant t0 the Code 0f Civil Procedure sections 1032 and 1033.5. WWW 17 . Dated: August , 2020 Manouklan, Socrates P. JUDGE OF THE SUPERIOR COURT SJ - San Jose #4843-6004-0647 V2 _ 3 _ 07693-0001 [PR0 SED] JUDGMENT