Cross ComplaintCal. Super. - 6th Dist.November 23, 2020OtomVODU'l-thA NNNNNNNNNAAAAAAAAAA mflmo‘lth-‘OCOWVODU'IhWNA Joseph W. McCarthy [164433] JOSEPH W. MCCARTHY, A LAW CORPORATION 400 Reed Street Santa Clara, California 95050 Office: (408) 727-4111 Ioe@mccarthy laWCOI‘Q . COlTl Electronically filed by Superior Court of CA, County of Santa Clara, on 5/17/2021 5:01 PM ReWewedBymAVu Case#ZOCV373904 Env#6461086 Attorney for Defendants, JOSEPH W. MCCARTHY, an individual; JOSEPH W. MCCARTHY, A Law Corporation SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA and AJANG AMIRNEZAMI and SHOHREH Case NO.: 2OCV373904 AZARFAR CROSS-COMPLAINT FOR BREACH OF Plaintiff, CONTRACT v. LIMITED CIVIL CASE (Less than $10,000 JOSEPH W. MCCARTHY, an individual; JOSEPH W. MCCARTHY, a Law Corporation; and DOES 1-20 inclusive, Defendants. JOSEPH W. MCCARTHY, a Law Corporation; Cross-Complainant, V. AJANG AMIRNEZAMI and SHOHREH ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) g AZARFAR, and DOES 1-20 ) ) ) ) ) ) inclusive Cross-Defendants. GENERAL ALLEGATIONS l. At all times herein mentioned, ) JOSEPH W. MCCARTHY, an individual was duly authorized to practice law in the State of California. 20CV373904 Cross-Complaint O(OWVOU'I-FOONA NNNNNNNNNAAAAAAAAAA mfimmbWN-‘OCOmflmm-thé 2. At all times herein mentioned, JOSEPH W. MCCARTHY, A Law Corporation, (MCCARTHY ALC) was duly organized under the laws of the State of California with its principle place of business in Santa Clara, California. 3. At all times herein mentioned, Cross-Complainant MCCARTHY ALC, is informed and believes and thereon alleges that Cross- Defendants AJANG AMIRNEZAMI (AMIRNEZAMI) and SHOHREH AZARFAR (AZARFAR) were individuals and residents of Santa Clara County, the State of California. 4. Cross-Complainant does not know the true names or capacities of the Cross-Defendants sued herein. as DOES 1-20, inclusive, and will amend this Cross-Complaint to allege names as soon as ascertained. 5. In doing the things complained of herein, Cross- Complainant is informed and believes and thereon alleges that each of the Cross-Defendants, named or fictitious, were acting as the agent, servant, joint venturer, or employee of each of the remaining Defendants. 6. The acts alleged herein occurred in Santa Clara County, California, and the contracts alleged herein occurred in Santa Clara County, California. FIRST CAUSE OF ACTION, BREACH OF CONTRACT (As to AMIRNEZAMI, AZARFAR and DOES 1-20, inclusive) 7. Cross-Complainant re-alleges and incorporates paragraphs l through 6 as if fully set out herein. 8. On or about January 29, 2020, Cross-Complainant MCCARTHY ALC, and Cross-Defendants AMIRNEZAMI and AZARFAR entered into a written Attorney-Client Fee Contract (the Contract) fully executed 2 20CV373904 Cross-Complaint O(OQVQU'ILOON-K NNNNNNNNNAAJAAAAAAA mflmmwaéoomVQCfiAWNA by Cross-Defendants whereby Cross-Complainant and Cross-Defendants agreed, among other things, that MCCARTHY ALC, would be retained to represent AMIRNEZAMI and AZARFAR “in connection with matters concerning Milad Anvar and for any other matters CLIENT shall assign to ATTORNEY.” A true and correct copy of the Contract is attached here as Exhibit A. 9. Pursuant to the terms of the Contract, Cross-Complainant and Cross-Defendants agreed that the client will pay attorney’s bill on time. Cross-Defendants and Cross-Complainant further agreed that each statement will be due within 10 days of its date and that past due accounts are subject to interest charges of 18% per year. 10. Cross-Complainant performed all of the terms, conditions, and covenants required on its part to be performed under the Contract which included legal representation for Cross-Defendants which concluded on, or about, July 7, 2020. ll. On or about May 12, 2020, Cross-Complainant sent invoice #27487 (the Invoice) for professional services rendered with a balance due of $2,215.00. A true and correct copy the Invoice is attached here as Exhibit B. 12. On or about May 22, 2020, Cross-Defendants materially breached the Contract by failing and refusing to pay the fees, detailed in the Invoice, owed to Cross-Complainant. l3. As a direct result of Cross-Defendants’ material breach of the Contract, Cross-Complainant has suffered damages totaling $2,215.00, plus interest thereon at the aforementioned agreed rate. //// //// //// 20CV373904 Cross-Complaint A O(OWVOJU'IAQDN PRAYER WHEREFORE, Cross-Complainant prays for judgment against Cross- Defendants as follows: Against AMIRNEZAMI and AZARFAR and DOES 1-20 1. Damages for Breach of the Contract in an amount exceeding $2,215.00; 2. Interest as per the Contract, at 18% per year from May 12, 2020, amounting to $ 1.09 per day. 5. For interest at the legal rate, to the date of entry of judgment; 6. For reasonable attorney’s fees and cost of the suit as per the Contract; 7. For such other relief as the Court deems just and proper. DATED: April 12, 2021 WA)Mm Joseph W. McCarthy, Attorney for Defendant JOSEPH W. MCCARTHY, an individual and Cross-Complainant JOSEPH W. MCCARTHY, A Law Corporation 20CV373904 Cross-Complaint EXHIBIT A ATTORNEY- CLIENT FEE CONTRACT This document ("the Agreement") is the written fee contract that California law requires lawyers to have with their clients. The law firm of Joseph W. McCarthy, A Law Corporation (”ATTORNEY"), will provide legal services to Ajang Amirnezami and Shohreh Azarfar ("CLIENT") on the terms set forth below‘ The Agreement is executed in duplicate with each party receiving an executed original. The Agreement is intended to comply with California law. 1. CONDITIONS. The Agreement wiH not take effect, and ATTORNEY will have no obligation to provide legal services, until the CLIENT returns a signed copy of this Agreement. 2. SCOPE OF SERVICES. CLIENT is hiring ATTORNEY to provide legal services in connection with matters concerning Milad Anvar and for any other matters CLIENT shall assign to ATTORNEY. ATTORNEY wil! take reasonable steps to keep CLIENT informed of progress and to respond to CLIENT‘S inquiries. If a court action is filed, ATTORNEY will represent CLIENT through trial and post-tria! motions. Afterjudgment, ATTORNEY wit! not represent CLIENT on appeal or in execution proceedings unless ATTORNEY and CLIENT make a different agreement in writing. 3. DISCLOSURE REGARDING ERRORS AND OMISSiON lNSURANCE. Attorney maintains errors and omission insurance covering the services to be rendered under the Agreement. 4. CLIENT’S DUTIES. CLIENT agrees to be truthful with ATTORNEY, to cooperate, t0 keep ATTORNEY informed of developments, to abide by the Agreement, to pay ATTORNEY'S bill 0n time and to keep ATTORNEY advised of CLlENT'S address, telephone number and whereabouts. 5. MINIMUM FEEIDEPOSIT. CLIENT will pay ATTORNEY an initial deposit of $5,000.00. This initial deposit wiH be ATTORNEY’S minimum fee, paid in exchange for ATTORNEY'S agreement to represent CLIENT. This minimum fee is non-refundable, but ATTORNEY'S hourly charge will be credited against it. Whenever CLIENT'S deposit is exhausted, ATTORNEY reserves the right to demand further deposits, each up to a maximum of $5,000.00. Once a triai or arbitration date is set, ATTORNEY win require CLIENT to pay all sums then owing to ATTORNEY and to deposit the ATTORNEY'S fees that ATTORNEY estimates win be incurred in preparing for and completing the trial 0r arbitration, as well as the jury fees 0r arbitration fees likely t0 be assessed. Those sums may exceed the maximum deposfi. ' "CLIENT agrees "to pay au-deposits after the initial deposit within ten (10) days of ATTORNEY‘S demand. Except for the minimum fee, any unused deposit at the conclusion of ATTORNEY'S services will be refunded. 6. LEGAL FEES AND BILLING PRACTICES. CLlENT agrees to pay by the hour at our prevailing rates for the time spent on CLlENT’S matter by our legal personnel Our current hourly rates are as foltows: $450 00 per hour for services of Joseph W McCarthy $250 00 per hour for services of associate attorneys $150 00 per hour for paralegal services Hourly billing rates may be changed upon written notice to CLIENT. Time is billed in tenths of hours (6 minutes) and the minimum charge is .2 of an hour (12 minutes). We will charge CLIENT for the time spent on telephone calls relating to CLIENT'S matter, including calls with CLIENT, opposing counsel or court personnel. We will charge CLIENT for time spent in meetings, court hearings and other proceedings as well as time spent waiting in court and elsewhere, and for travel time both local and out of town. CLIENT understands and acknowledges that any discussion or cursory estimate given by ATTORNEY to CLIENT regarding fees and costs due for services rendered is only an estimate, and the fees and Costs may be greater than any certain amount mentioned The number of hours expended and resulting m fees and costs, vary greatly depending on working relationship, attitude and demeanor of CLIENT, opposing party, and opposing counsel In addition, over the course of the action attitudes can greatly change. These factors, among others, make it impossible to estimate an ultimate fee and cost amount with any reasonable accuracy In the agreement and understanding between ATTORNEY and CLIENT, there Is no limitation as to fees and costs 7. COSTS AND OTHER CHARGES. (a) In General. ATTORNEY will incur Various costs and expenses in performing legal services under the Agreement. CLIENT agrees to pay ATTORNEY for those costs and expenses in addition to the hourly fees, These costs and expenses commonly include process servers' fees, fees fixed by law or assessed by courts and other agencies, court reporters‘ fees, messenger and other delivery fees, postage parking and other focal travel expenses, contract photocopying and other reproduction costs. (b) Out of Town Travel CLIENT agrees to pay transportation meals lodging and aH other costs of any necessary out-of-town travel by ATTORNEY CLIENT win also be charged the hourly rate for the time ATTORNEY spends traveiing (c) Expert‘s, Consuitants, and Investigators, To aid in the preparation or Attorney-Client Fee Contract I 2 presentation of CLIENT S case, it may become necessary to hire expert witnesses consultants or investigators ATTORNEY will not hire such persons unless CLIENT agrees to pay their fees and charges ATTORNEY will seiect any expert witnesses consultants or investigators t0 be hired 8. BILLING STATEMENTS. ATTORNEY will send CLIENT periodic statements for fees: and costs incurred If no attorney fees or costs are incurred for a particular month mar if they are minimal the statement may be heid and combined with that for the following month uniess a statement Is requested by CLIENT Each statement will be due within teh (10) days of its date. Past due accounts are subject to interest charges of 1.5% per month (18% per year). CLIENT may request a statement at intervals of no less than thirty (30) days. {f CLIENT requests a statement, ATTORNEY will provide one within ten (10) days. CLlENT will have the sole responsibility for payment of the above fees regardless of any court order which may direct payment to come from the other party, and regardiess of the amount of fees ordered by the Court, if any. If fees are ordered paid by the adverse party and are actually paid, the sums so paid wiil be credited to the CLIENT’S account. Bills will be rendered monthly. Any objection to any billing will be brought to ATTORNEY’S attention within thirty (30) daysflof the biiling; otherwise, the bi” is agreed to be accepted as sent. CLIENT agrees that the ATTORNEY may elect to stop work on the file if the account is no? paid win full within thirty (30) days after the billing date or if an additional retainer requested is .u not paid 9. DISPUTE RESOLUTION. If a dispute arises between ATTORNEY and CLiENT regarding attorney fees as set out in the Agreement and ATTORNEY files suit in any court other than smaH claims court, CLIENT will have the right to stay that suit by timely electing to arbitrate the dispute under Business and Professions Code Sections 6200 et seq, in which event ATTORNEY must submit the matter to arbitration. The prevailing party in any arbitration or litigation between CLIENT and firm will be entitled to reasonable attorney’s fees and costs. 10. ATTORNEY'S LIEN. By signing this fee agreement, CLtENT hereby grants ATTORNEY a lien for all unpaid attorney fees and costs advanced on all claims and causes of action that are the subject of ATTORNEY’S representation 0f CLIENT under the Agreement and on all proceeds of any recovery obtained, whether by settlement, award, order, orjudgment, CLIENT is aware and acknowledges that this lien may significantly Impair CLIENT S interest because ATTORNEY may be able to delay payment 0f any recovery 0r settiement funds to CLIENT until any disputes with ATTORNEY abcut unpaid attorney fees and costs advanced have been resolved CLIENT acknowiedges that CLIENT has been advised to seek independent legal advice about granting Attorney-Ciient Fee Contract 3 ATTORNEY this lien and has had a reasonable Opportunity to do So By signing this fee agreement CLlENT represents that CLIENT has either obtained legal advice about this Hen or has decided that it was unnecessary to do so 11. DISCHARGE AND WITHDRAWAL. CLIENT may discharge ATTORNEY at any time ATTORNEY may withdraw with CLIENT‘S consent 0r with good cause Good cause includes: CLiENT S breaching the Agreement CLIENT'S refusal t0 cooperate ' with ATTORNEY, or to follow ATTORNEY'S adVice on a material matter, or any fact or circumstance that would render ATTORNEY’S continuing representation unlawful or unethical. CLIENT further agrees t0 execute a Substitution of Attorney altowing ATTORNEY to withdraw. When ATTORNEY S services conclude, all unpaid charges will immediately become due and payable After ATTORNEY'S services conclude ATTORNEY will upon CLIENT‘S request deliver CLIENT'S file to CLIENT along with any funds or property belonging to CLIENT in ATTORNEY'S possession. 12. DISCLAIMER OF GUARANTEE. Nothing in the Agreement, and nothing in ATTORNEY'S statements to CLIENT, win be construed as a promise or guarantee about the outcome of CLIENT'S matter. ATTORNEY makes no such promises or guarantees. ATTORNEY'S comments about the outcome of CLIENT'S matter are expressions of opinion only. 13. TAX ADVICE IS EXCLUDED FROM'THE AGREEMENT. ATTORNEY has advised Client that any settlement orjudgment obtained as a result of the representation may be partly or wholly taxable. In addition, the payment of attorney fees hereunder has tax consequences. ATTORNEY has informed CLIENT that any and all tax advice is specifically excluded from the scope of the services ATTORNEY will provide under the Agreement. ATTORNEY has informed CLIENT that he is not an expert in tax law, and has recommended that client obtain advice from a tax practitioner concerning the tax consequences of any recovery or any other tax matter. 14. EFFECTIVE DATE. The Agreement will take effect when CLIENT has performed the conditions stated in paragraph 1. But the effective date of the Agreement will be retroactive to the date ATTORNEY first performed services. The date of the Agreement is for reference oniy. Even if the Agreement does not take effect, CLIENT will be obligated to pay ATTORNEY the reasonable vaiue 0f any services ATTORNEY may have performed for CLIENT. EIN # 77-0531627 DATED: J‘“ ““7 07? 1046 MO.”7% oseph W. McCarthy, President Attorneyflfient Fee Contract 4 I have read and understoad the foregoing terms, and agree to them as of the date Joseph W. McCarthy, A Law Corporation. first provided services. DATED: By: Ajang Amirnezami DATED: By: Shohreh Azarfar Attorney-Client Fee Contract 5 EXHIBIT B Joseph W. McCarthy A Law Corporation 11 Via Las Encinas Carmel Valley, CA 93924 831-659-1 1 15 Invoice submitted to: AJ and Sheri Azarfar 1622 Puerto Vallarta Drive San Jose, CA 95120-4856 May 12, 2020 Invoice #27487 Professional Services 4/1 3/2020 JWM 4/1 5/2020 JWM 4/1 6/2020 JWM 4/20/2020 JWM 4/21/2020 JWM 4/22/2020 JWM 4/23/2020 JWM Work on file Email client re: Myles report Calendar case management conference Reply to Sheri's email re: CSLB Work on Myles response Review Sheri's emails; work on response Work on Myles Report; email Lisa and Sheri 450.00/hr Hrs/Rate Amount 0.30 135.00 450.00/hr 0.50 225.00 450.00/hr 0.20 90.00 450.00/hr 0.40 180.00 450.00/hr 1.50 675.00 450.00/hr 1.80 810.00 450.00/hr 1.60 720.00 AJ and Sheri Azarfar Page 2 Hrs/Rate Amount 4/24/2020 JWM Email re: workers compensation 0.40 180.00 450.00/hr 4/27/2020 JWM Review Sheri's email; email Alexis and Gravelle 0.60 270.00 estimate 450.00/hr 4/29/2020 JWM Reply to CSLB emails; finish email to Lisa with 1.00 450.00 exhibits 450.00/hr 5/1/2020 AY Work on file and Dropbox re: estimates 0.60 90.00 150.00/hr 5/6/2020 JWM Phone conversation with Lisa; email client 0.40 180.00 450.00/hr 5/1 1/2020 JWM Email to Sheri change of handling attorney 0.20 90.00 450.00/hr For professional services rendered 9.50 $4,095.00 Previous balance ($1 ,880.00) Balance due $2,215.00 Payment due on receipt