Notice Entry of OrderCal. Super. - 6th Dist.November 20, 2020(sBN FAxNo fopr,bna, (650) 618_1 kzapata@computerlaw.com NO,TELEPHONE 327-9800(650) 863 ADDRESS taptDnat): ATIORNEY FOR (llatne): lnc. Palo Alto, CA Group Street, 94301 STREETADDRESS 191 N 1St Street r.rArLrNG ADDRESS 1 91 N 1st Street COURT OF CALIFORNIA, COUNTY OFSANTA CLARA BRANCH NAIJE Downtown Court AND zrp coDE San Jose, CA gS1 1 3 DEFENDANT/RESpONDENT: Timothypape PLAINTIFF/PETITIONER; Streamray lnc. FOR COURT USE ONLY T-I UNLIMITED CASE (Amount demanded exceeded $2S,000) t< LIMITED CASE (Amount demandeci was $25,000 or tess) (Check ane): NOTICE OF ENTRY OF JUDGMENT OR ORDER CASE NUTJBER: 20cv373860 1 TO ALL PARTIES : A judgment, decree. or order was entered in this a(:tion on (date) . Confirmation of Arbitration Award dated 1 .1S.ZO2A 2. A copy of the judgment, decree, or order is attached to this notice Dale:61912021 ZAPATA )(TYPE OR PRINT NAI"{E WITHOUT ATTORNEyI iSIGNATURE) CIV-130 fNev Jauuary 1 20101 NOTICE OF ENTRY OF JUDGMENT OR ORDER r4r8! couls aa.gov i:orm Aoproved for Optionat Use Judic,al Council of California Pag. I of 2 Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/10/2021 4:26 PM Reviewed By: System System Case #20CV373860 Envelope: 6627218 20CV373860 Santa Clara - Civil System System crv-130 PLAINTIFF/PETITIONER: Streamray lnc. DEFENDANTIRESPONDENT: Timothy Pape CASE NUMBER: 20cv373860 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 if you are a party in the action. The percon who serued the notlce must complete this proof of service,) 1 . I am at least 18 years old and not a party to this action. I am a resident of or employed in the county where the mailing took place, and my residence or business address is (specify): l, Arpita Das, not a party to the within action, hereby declare that on June 10,2021,I served the attached Award on the parties in the within action by depositing true copies thereof enclosed in sealed envelope with postage thereon fully prepaid, in the United States Mail, at Fremont, CALIFORNIA, addressed as follows: 2- I served a copy of the Notice af Entry of Judgment or Order by enclosing it in a sealed envelope with postage fully prepaid and (check one): deposited the sealed envelope with the United States Postal Service. placed the sealed envelope for collection and processing for mailing, following this business's usual practices, with which I 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. a. b. 3. The Notice of Entry of Judgment or Orderwas mailed: a. on (date): 611012021 b. from (ciU and state)r Fremont, CA 4. The envelope was addressed and mailed as follows: a. Name of person served: Timothy Pape Street address:37 Joans Ln, City: Berlin State and zip code: NJ-08009 b. Name of person served: Street address: City: $tate and zip code: c. Name of person served: Street address: City: State and zip code: d. Name of person served: Street addressl City: State and zip code: f, Names and addresses of additional persons eerved are attached. (You may use form PO9030(P).) 5. Number of pages attiached: 12 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct. Dale:611O12021 Das (TYPE OR PRINT NANIE OF DECLARANT) OF DECLARANT) > x CIV-I30 [Nsw January 1, 2010] NOTICE OF ENTRY OF JUDGMENT OR ORDER Page 2 of2 ADR.I06 24628s) rELEpHoNENo.: (550) 327 -9800 FAxNo. (oprwt):(650) 518-1863 E+\rAr L ADDRESS (op"on at ) : csat gent@computerl aw. c om ATTORNEY FOR (lvans)j Inc. SUPERIOR COURT OF CALIFORN|A, COUNTY OF Santa Clara sTREETADDRESS: 191 N lst Street MAILING ADDRESS: ctrY AND zrP coDE San JOSe, CA 95 1 I 3 BRANCH NAME: FOR COUNT USE ONLY lectronically Filed y Superior Court of CA, ounty of Santa Clara, n 1112012CI20 2:02PM eviewed By: R. Tien ase #20CV373860 nvelope:5339570 PETTTTONEH: Streamray Inc. RESPoNDENT; Timothy Pape pETmoN To [7] coruRnu l-l coneecT n vAcATE CONTRACTUAL ARBITRATION AWARD Jurisdictlon (check all that apply): Action is a llmlted civil case Amounl demanded l7l does not exceed $10,000 l-l exceeds $1O,0OO, but does not exceed $2S,OO0 l-l Aaion is an unlimlted civil case (exceeds $2S,O0O) crse Hurvraec:!QCV373860 ##QW# NOTICE: You may use this form to request that the court confirm, correct, or vacate an award ln an arbitration conducted pursuant to an agreement between the parties that is subiect to Code of Givil Procedure section i285 et seq. and that does not involve an attorney-client fee dispute, lf you are requesting court action after an attorney-client fee arbltration award, please read Alternative Dispute Resolution ,orm ADR-105, lnlormation Regarding RighE After Attorney-Cttent F* Arbitratton, 1. Petltioner and respondent. Petitioner (name each): Streamray Inc. alleges and requests relief against respondent (name each): Timothy Pape 2. Contractual arbitration. This petition requests the court to confirm, correct, or vacate an award in an arbitration conducted according to an agreement between the parties that is subject to Code of Civil procedure section 1295 et seq. 3. Pending or new action. a. l-l A court case is already pending, and this is a petition filed in that action. (/f so, proceed to item 4.) b. fV This petition commences a new action. (tf so, complete items Sb(l) through gb(4).) (1) Petltioner's capacity. Each petitioner named in item 1 is an individual, f] except petitioner (state name and amplete one or more of the following): is a corporation qualified to do business in California. is an unincorporated entity (specify): is a representalive (specify): is (specify other capacity): (2) Respondent's capacity. Each respondent named in item 1 is an individual, (a) l-] is a business organization, form unknown. is a corporation, is an unincorporated entity (specity): is a representalive (specify): is (specify other capacity): (a) (b) (c) (d) (b) (c) (d) (e) VE f:lE Ef:lEt: Pago I of 3 Form Approved for Optiffal Us Judicial Council of Califomia ADR-106 [Nsw Jtruary 1, 2004] PETITION TO CONFIRM, CORRECT, OR VACATE CONTRACTUAL ARBITHATION AWARD (Alternative Dispute Resolution) Cod€ of Civil Prc@duE, S 1285 ot sq. ATTORNqr OF PARIY IVI]HOUT ATTORNEY (Nane, Sta'e Bar numbr. and eddt* ): Jack Russo (SBN 96068); Christophai Saigenf(SBN -Computerlaw Group LLP 401 Florence Street, Palo Alto, CA 94301 E h C 0 C E PETITIONER: RESPONDENT: r110a2427s CASE NUMBER: 3. b. (3) Amount or property ln dispute. This petition involves a dispute over (check and mmplete allthat apply): (al Z the fouowing amount of money (specify amoung: S 4,016.b0(b) property (it the dispute involves propefiy, comptete both of the foilowing: (i) consisting ol (identify property in dispute): (ii) having a value of (specify value of property in dispute): $ (4) fV Venue. This court is the proper court because (check (a) or (b)): (a) [7] this is the court in the county in which the arbitration was held. (b) I-l the arbitration was not held exclusively in any county of California, or was held outside oI California, and (check one or more of the following): (i) I-l tnis is the court in the county where the agreement was made. (ii) f] this is the court in the county where the agreement is to be performed. (iiD l-l the agreement does not specify a county where it is to be performed and was not made in any county in California, and the following party resides or has a place of business in this county (nameof party): (iv) l--l the agreement does not sprecif| a county where it is to be performed and was not made in any county in California, and m party to this action resides or has a place of business in California. 4. Agreement to arbitrate. a. Date. Petitioner and respondent entered into a written agreement on or about (dafel; September 9, 2018 b. l-n Attachment. A copy of the agreement is submitted as Attachment 4(b) and incorporated herein by this reference. c. Arbitration provision. Paragraph 24 of the agreemernt provides for arbitration of disputes arising out of the agreement as follows (either copy the arbitration provision in full or summarize the provision): Agreement to Arbitrate- Customers are requireclto register on line and to acknowledge the terms of service which is a written document online with a very specific arbitration clause and an acknowledgement that California Law governs the contract terms. 5. Dispute subiecl to arbitration. A dispule arose between petitioner and respondent concerning the following matter covered by the agreement to arbitrate (summarize the dispute): Mr. Pape has breached his contractual obligation to pay for his use on the web site and has been unjustly enriched by receiving the services he bargained for and not paying for the same. 6. Arbltrator. The following person was duly selected or appointed as arbitrator (name of each arbitrator): |ack Komar JAMS 160 W. Santa Clara Street Suite 1600 San Jose, CA, 95113 ; Tel: 408-346-0764 7. Arbitration hearing. The arbitration hearing was conducted as follows (amptete both ot the following): a. Date (each date of arbitration): 1.14.2020; 1.15.2020 b. Location (city and state where arbitration was conducted): San Jose, CA 8. Arbitration award. a. Date of award. The arbitration award was made on (datd: 1.15.2A20 b. Terms of award. The arbitration award (check one or more of the following): (1) W1 requires f]] petitioner V respondent to pay the other partythis amount: $ 4,016.00 (2) requires neither party to pay the other anything. is different as to different petitioners and respondents.(3) c. V Attachment of Award. A copy of the award is submitted as Attachment B(c). 9. Service of award. a. The signed award or an accompanying document indicates that the award was served on petitioner on (date): 1.16.2020 b. n Petitioner alleges that a signed copy ol the award was actually served on (dafe): PETITION TO CONFIRM, CORRECT, OR VACATE CONTRACTUAL ARBITRATION AWARD (Alternative Dispute Resolution) ADH-106 [New January 1,2@a] Page 2 ol 3 PETITIONER: RESPONDENT: 1110024275 CASE NUMBER: 1 0. Petitioner requests that the courl (check ail that apply): a.ly'l Confirm the award, and enter judgment according to it. b.l-l Correct the award and enter judgment according to the corrected award, as follows: (1 ) fne award should be corrected because (check all that apply): (a) l-l tfre amount of the award was not calculated correctly, or a person, thing, or property was not described (b) (c) correctly, the arbitrator exceeded his or her authority. the award is imperfect as a matter of form. (2) The facts supporting the grounds for correcting the award alleged in item 10b(1) are as follows (if additionat space is required, check here l) and submit facts on an attachment labeled lOb(2)): (3) The award should be corrected as follows (if additional space is required, check hereV and descibe requested correction on an attachment labeled 10b(3)): c.f-l Vacate (cancel) the award. (1 ) Tne award should be vacated because (check att that apply) : flEE (a) (b) (c) (d) (e) (f) n tne award was obtained by corruption, fraud, or other unfair means" [-l an arbitrator \ivas corrupt. l-_l tne misconduct of a neutral arbitrator substantially prejudiced petitioner's rights. the arbitrator exceeded his or her authority, and the award cannot be fairly corrected. the arbitrator unfairly refused to postpone the hearing or to hear evidence useful to settle the dispute. an arlritrator failed to disclose within the time for disclosure a ground for disqualification of which the arbitrator was then aware. (S) [_l an arbitrator should have disqualified himself or herself after petitioner made a demand to do so. (2) fne facts supporting the grounds for vacating the award alleged in item 10c(1) are as follows (if additionat space is required, check herel I and submit facts on an attachment labeled 10c(2)): (3) Petitioner l-l Oo"" I-l does not request a new arbitration hearing. o.I7l Award petttloner interest trom (date): 1.16.2020 (1) r;rl at the statutory rate. (2) -l at rate of - o/o pat leat. e.[-1 Award petltloner costs o, suitl (1) n intheamountd: $ (2) [:] according to prooi t. l--] lward petitioner attorney lees ineurred in thie action (check onty ff attomey feer are recoverable ln this action according to statute ot the pariles' agreement): (1) [-l in the amount of: $ (2) l-l ac,cording to proof. g.l-l Award petitloner the following other retief (de*rtbe relief rquested; if addttionat space is requlrcct, check here la and descibe relief on an attachment labeled 109): 11. Pages and atlachmenE. Number of pages attached: Attachments-2-Pages-9 Date:11.18.2020 ChristopherSargent ) lsl cnristopher sargent CryPE OR PRINT NAME) (SIGNATURE OF PETITIONER OR ATTOFNEY) ADR-1 06 [Nsw Jsuary 1 , 2004] Page 3 or 3PETITION TO CONFIRM, CORRECT, OR VACATE CONTRACTUAL ARBITRATION AWARD (Alternative Dispute Resolution) EXHIBIT AHI I 512312015 Streamray- Free Sex Cams, Live Sex Chat 241l 627 UsmamesEmail Password i.$S lF '':{:t ri;i; i.}i i..i!::: Last Updated September 18, 2018, Version 2.8 https://streamray.com/p/page.cgi?who=r_bXbBg0_clua/RnkG6Q0LsEHTaaMnPhbmvT2AdvYTxlJsvuBgOyZiFgK8STcWWCdqPFKqVqiN2QYl o06tQVt... 114 512312019 Streamray- Free Sex Cams, Live Sex Chat 24Il 2t4 /23/2019 t ea s, h 4/7 Privacy -Tm https:l/streamray.comlplpage.ogi?who=r_bXngO_clua/RnkGSQOLsEHTaaMnPhbmv72Ade7x/Jsvu890yZiFQKBS7cWWquPFKqVqiNZQY1 oOStQVt. . . / 512312019 Streamray- Free Sex Cams, Live SexChat2$tT hltps://streamray.com/p/page.cgirwho=r_bXbBg0_ctua/Rnkc6QOLsEHTaaMnphbmvT2Advy7rJsvuSgOyziFgKSSTcWWCctqpFKqVqiN2eylo06teVt... 314 /23/2019 t ea s, i Sex t 24/7 ) fl u: mLLJNé HISTORY PAG Pfl‘vecy-Temw ttps:l/stre mray.comlplpage.cgi?who=r__bXbBgO_clua/RnkGSQOLsEHTaaMnPhbmv72Ade7x/Jsvu890yZiF9K887cWWquP qi QY1 oOBtQVt. . . 3/4 JAMS ARBITRATION CASE RET'ERENCE NO. 1110024275 Streamray [nc., Claimant(s), and Pape, Timothy, Respondent(s). AWARI) Claimant Streamray, Inc. is an intemet web site that provides live, audio/visual interactive aec€ss for rnembers of the public with performers for a fee. Customers who wistr to use the service and to interact with performers are required to register on line and to acknowledge the terurs of service which is a written document on line with a very specific arbitration clause and an acknowledgernent that Califomia Law govenns tle contract terms. Each user is also required to lodge a credit card billing source for all charges to be made. Pursuant to the terms of the cofltract, this arbitration heming was scheduled on written notice for January ,4,202A at 9:00 a. m. The noticed hearing was specified in the notice to be couducted telephonically. THE HEARING On January 1,4,2020 at 9:00 a.m., the arbitration hearing was conducted by telephone. Clairnant Streamray, Inc., appeared by telephone, represented by Donna Ballou, Esquire. Timothy Pape failed to appear and also failed to file any opposition to the proceedings. a Claimant Streamray, Inc., called the following witnesses who testified under oath: David Bloouo, Esquirq Gemeral Counsel; Erica Solario, Claimant's Risk Management and Fraud Investigatora The evidence established that Timothy Pape registered to use the web site on or about September 9, 2018 and acknowledged the terms of the contract. He also registered a Discover Credit card and proceeded to log on to the interactive web site multiple times between April 6, 2019 and May 6, 2019 using the name '\im17431." His registered credit card was charged for each use of the web site in accordance with the terms of the contract. On or about May 2fr,2019, Respondont Pape filed a fraudulent use claim with Discover Card and requested 87 charge backs in the total amount of fi2,276.00. Claimant issued a $26.00 credit but also was assessed from its account the sum of $2,250. Plus $1,740 in charge back fees from its bank. CONCLUSION AND AWARD By a preponderanoe of the evidence, it appears without any contradictory evidence that Timothy Pape used the Claimant's web site and properly lvas assesssd charges for each use. Timothy Pape used his credit card for all such charges which were properly assessed. The fraud dispute initiated by Timothy Pape was unwarranted and not supported by any evidence. A11 chargebacks assessed against Streamray, Inc and the additional assessments for the chargebacks were unwarranted and not zupported by any evidence. Ali charges were properly incurred by TimothyPape. Accordingly, Timothy Pape has breached his contractual obligation to pay for his use on the web site and has been unjusfly enriched by receiving the services he bargained for and not payrng for the same. Claimant Steamray, Inc. is awarded the sum of $4,016.00 against Timothy Pape plus its costs and fees IT IS SO ORDERED. Date: l./{' rlJ Komar (Ret.) Lo l m treamr y, . s h ai t m u s e E . n tezmmaggp Gavan” H yak a a A ’ rator SERVICE LTST Case Name: Reference #: P:lnelist: Sgeallr4} Irc, gs. -Pa Fe. Timothr 1110w4275 Komar, Jack, Hear Typc; Case T1'pe: Arbitration Business/Commere ial Diana L. Ballou FriendFinder Networks, lnc. Diana L. Ballou Claimant 1615 S CongressAvenue Phone 561-300-3691 Suite 'i03 Delray Eeach, FL 33445 dballou@ftn.com Assistant's Emaiis: cquesada@ffn.com Party Represented: Streamray lnc. Iunslhv-eape Timothy Pape 37 Joans Ln Bertin, NJ 08009 papetim@aolcom Party Represented: Timothy Fape R*spondent F:x: 1 / t 6/2020 Pag,e I of ) PROOF OF SERVICE BY EMAII, & U,S, MAJI.. Re: Streamray Inc. vs. Pape, TimothY Reference No. 1 I 1002427 5 I, Josephine Carg not apafi to the within action, hereby deslare that on January 16,2020,I served the attached Award on the parties in the within action by Email and by depositing true copies thereof enclosed in sealed envelopes with postage thereon fullyprepaid, in the United States Mail, at $an Jose, CALIFORNI& addressed as follows: Diana L. Ballou Esq. FriendFinder Networks, Inc. 1615 S Congress Avenue Suite 103 Delray Beach, FL 33445 Phone: 561-900-3691 dballou@ffn.com Parties Represented: Streamray Inc. Mr. Timothy Pape 37 Joans Ln. Berlin, NJ 08009 papetim@aol.com Parties Represented: Timothy Pape I declare under penalty of perjury the foregoing to be true and conect. Executed at San Jose, CALIFORNIA on January 16,2020. Josephine Care jcare@jamsadr.com