Thien Tran vs. Anthony Nguyen

Opposition

Cal. Super. - 4th Dist.May 15, 2014

© 0 9 O&O Wn B W ND = N N N N N N N N N m e e m mm m me m e m e m e m e e Andrew D. Weiss SBN 121149 LAW OFFICES OF ANDREW D. WEISS 26459 Rancho Parkway South Lake Forest, California 92630 ELECTRONICALLY FILED Telephone: (949) 360-9478 Superior Court of Califomia, Facsimile: (949) 360-0302 sentir af Orange Email: oclawadw(@aol.com 0428/2017 at 03:07:00 Pi Attorney for Petitioner Clerk of the Superior Court Thien Tran By & Clerk, Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE, CENTRAL JUSTICE CENTER THIEN TRAN; Case No: 30-2014-00722873 Date: May 1, 2017 Time: 1:30 p.m. Petitioner, Dept.: C66 V. JUDGMENT CREDITOR’S OPPOSITION TO EX PARTE APPLICATION TO VACATE ORDER FOR POST JUDGMENT COSTS ANTHONY NGUYEN, an Individual, Respondent. Date Filed: May 15, 2014 Trial Date: June 6, 2014 Judgment Creditor Thien Tran submits the following memorandum of points and authorities in opposition to the ex parte filed by judgment debtor Anthony Nguyen (“Nguyen”) to vacate the order for post judgment costs entered March 30, 2017. Nguyen has refiled the same ex parte application he filed on April 6, 2017. (ROA 487.) That ex parte application was never heard as Nguyen filed a notice of removal to federal court on April 12,2017. (ROA 518.) 1. Factual and Procedural Background. On January 4, 2017, judgment creditor Thien Tran (“Tran”) filed a Memorandum for Costs After Judgment (“Memorandum for Costs™). The Memorandum for Costs was served the same day, as 1 Judgment Creditor’s Opposition to ex Parte Application to Vacate Order for Post Judgment Costs SS OO 0 d N BRN W N DD R N N N N N N me em em em e m em em e m e m ee co ~N a UL Bk W N = O 0 N N N RA W N reflected on the proof of service attached thereto. On March 30, 2017, the Court entered an order | awarding the costs requested. On April 27, 2017, judgment debtor, Anthony Nguyen (“Nguyen”), has filed yet another ex parte application in the above-captioned action. Nguyen’s ex parte application is filled with the same delusional rhetoric contained in his many previous ex parte applications. Nguyen claims Tran and his counsel are criminals, have colluded with communists, and under criminal investigation. He ends his rant by claiming his “unborn baby was killed by DEFENDANT THIEN TRAN and other under a BIGGER PLOT of a Communist Government . . .” (Ex Parte Application unnumbered p. 17 (capitalization in original).) While very difficult to understand, Nguyen appears to seek an order quashing service of Tran’s January 4, 2017, Memorandum of Costs, vacating the cost award and disqualifying Tran’s counsel. Tran opposes Nguyen’s ex parte application on the following grounds: 1. The Memorandum of Costs was properly and timely served: 2. Nguyen failed to provide notice of his ex parte application and failed to attach a declaration re: notice; 3. Nguyen failed to establish exigent circumstances justifying ex parte relief; 4. Nguyen’s ex parte application is untimely; . Nguyen fails to provide any factual or legal basis for disqualifying Tran’s counsel. wh 2. Nguyen’s Ex Parte Application Should be Denied as Tran’s Memorandum of Costs Was Properly Served. Tran’s Memorandum of Costs was properly served. The Memorandum of Costs includes a proof of serviced as the last page. (Exhibit 1.) A proofofservice creates a rebuttable presumption that service was proper. (Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1163.) Nguyen fails to offer evidence or argument rebutting the presumption of service. Nguyen’s citation of authorities is nonsensical. Nguyen cites the Seventh Amendment to the United States Constitution, regarding jury trials, Marsy’s Law, found at Article I, Section 28 of the California Constitution and, Civil Code Section 1717. (Ex Parte Application unnumbered pp. 9, 10 and 11.) None of the authorities cited relates to service. Nguyen’s Ex Parte Application contains two declarations. In the first Nguyen 2 Judgment Creditor’s Opposition to ex Parte Application to Vacate Order for Post Judgment Costs © 0 NN O& hh ~~ W N = BR N Y N N N N N N = e m e m em e m a a e s e m ee c o NJ O N hn A W N = O O OVW N D R A W O N = O incoherently rambles about imagined death threats and Communists but contains no mention of anything related to service of the Memorandum of Costs. (Ex Parte Application unnumbered pp. 12 - 15.) In his second declaration he admits he had notice of the Memorandum of Costs by observing it on the Court’s Web site on January 4, 2017, but claims the Memorandum of Costs was not served. (Ex Parte Application unnumbered p. 16.) However, Nguyen attached a copy of the Memorandum of Costs to his second Notice of Removal filed on January 25,2017. (Exhibit 1.) His first notice of removal was filed January 5, 2017. Nguyen has failed to carry his burden of establishing the Memorandum of Costs was not served and has admitted receiving a copy of the Memorandum of Costs by attaching it to hie Notice of Removal. 3. Nguyen’s Ex Parte Application Should be Denied as Nguyen Failed to Provide Notice of His Motion to Tran. An ex parte application must “be accompanied by a declaration regarding notice...” (C.R.C. Rule 3.1204(b).) Nguyen’s Ex Parte Application includes two declarations by Nguyen, neither of which states that notice was provided to Tran. (Ex Parte Application unnumbered pp. 12 - 16.) No declaration regarding notice has been provided. 4. Nguyen’s Ex Parte Application Should be Denied as Nguyen Failed to Establish Exigent Circumstances. An ex parte application must establish “irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte. (C.R.C. Rule 3.1202(c).) Nguyen’s Ex Parte Application includes two declarations by Nguyen, neither of which contains any facts regarding exigent circumstances. (Ex Parte Application unnumbered pp. 12 - 16.) Nguyen admits he knew about the Memorandum of Costs since January 4, 2017, and attached a copy of his January 25, 2017, Notice of Removal. (Exhibit 1 and Ex Parte Application unnumbered p. 16.) In fact, Nguyen filed this same ex parte application on April 9, 2017. (ROA 502.) 5. Respondent’s Motion Should Be Denied as it is Untimely. A motion to tax post judgment costs must be filed within 10 days after service of the memorandum of costs. (C.C.P. §685.070(c).) Tran’s Memorandum of Costs was served by mail on January 4, 2017. (Exhibit 1.) Even adding an additional five days for service by mail, as provided by section 1013(a) of 3 Judgment Creditor’s Opposition to ex Parte Application to Vacate Order for Post Judgment Costs © Ov 0 9 ON Wn BA W O N = N O DN N N N N N N m m e m mm m e d e m e m e m e m a e e © N A L h A W N = O O 0 N Y RN W N the Code of Civil Procedure, Nguyen’s last day to serve a motion to tax was January 19,2017. Nguyen’s Ex Parte Application was not filed until April 27, 2017, over two months late. Even in his untimely ex parte application, Nguyen fails to state any basis for taxing the costs requested. 6. Nguyen’s Has Failed to Provide Any Legal or Factual Basis for Disqualifying Tran’s Counsel. Nguyen has failed to provide any legal or factual basis for disqualifying Tran’s counsel. 7. Conclusion. For all the reasons stated Nguyen’s Ex Parte Application should be denied. LAW OFFICES OF AND S ~~ Dated: April 28, 2017 By: “22 Arrdrew D. Weiss Attorney for Petitioner Thien Tran L:FileCenter\Open Cases\Duong\WP\Pleadings H73\Opp to M to Vacate Cost Award 2.wpd 4 Judgment Creditor’s Opposition to ex Parte Application to Vacate Order for Post Judgment Costs © WO 0 N N BRN W N D Y DN DN N N N N N DN e m e m e m m m e m m m e m e t me d e e 0 N A L h A W N = O 0 N N N N W N = DECLARATION OF ANDREW D. WEISS I, Andrew D. Weiss, declare: 1. Tam an attorney at law dully admitted to practice before all courts of the State of California. [am the attorney for judgment creditor Thien Tran in the above-captioned action. I make this declaration in support of the forgoing opposition. 2. If called as a witness in this proceeding I could and would testify to the following facts, all of which are known to me personally. 3. Nguyen never contacted me to provide me notice of his ex parte application set for hearing on May 1, 2017. 4. Attached hereto as Exhibit 1 is a true and correct copy of Document 1 page 1 and Document 1-2 pages 182 through 193 from Nguyen’s second Notice of Removal, removing the above-captioned action to the Federal District Court on January 25,2017. The Federal District Court remanded the action back to the Superior Court by order dated February 17, 2017. I declare under penalty of perjury that the forgoing is true and correct. Executed this 28" day of April, 2017, at Lake Forest, California. ~~ Fe FZ Andrew D. Weiss 5 Judgment Creditor’s Opposition to ex Parte Application to Vacate Order for Post Judgment Costs EXHIBIT 1 7 pe er Case 8:17-cv-00128-JLS-JCG Document 1 Filed 01/25/17 Page 1 of 132 Page ID #1 en FD Name Dr. Anthony Nguyen -Harvard PostDoc-JD-LLM-M.S,M. Arch, BA Contacted Attorney : Address PO BOX 9591 FOUNTAIN VALLEY CA 92708. } Th Phone Fax number Email zs EZ US DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA “o. THIEN TRAN ) s ) ) ) ) Plaintiff, ) ) vs. ) ) ) ANTHONY NGUYEN . : ff - x _ a ) ) - 0) g Defendant. SACV17-00128 ges Os) NOTICE OF REMOVAL CASES FROM ORANGE COUNTY SUPERIOR COURT. Case THIEN TRAN v. ANTHONY NGUYEN {00722873 with a lot of Federal Questions on Rights of Crime Victim and Constitutional Laws in Due Process and other Federal Laws like RICO Criminal Acts ). {TRAN made up a Civil Harassment case to cover his crime case-Murder -14-21472 -BUENA PARK POLICE and his Federal Criminal Activities was pointed out in Federal RICO case -SACV -16- 02137). {TRAN and Andrew Weiss as his counsel did a lot of death threats -Witness Tampering to Crime Victim Nguyen from 2014 until now -Case#066851 -GGPD). NOTICE TO RELATED CASES AND REMOVAL TO THIS US DISTRICT COURT CASE, Case 8:17-cv-00128-JLS-3JCG Document 1-2 Filed 01/25/17 Page 182 of 205 Page ID #:453 MC-012 ATTORNEY OR PARTY WITHOUT ATTORNEY (Neme, Stet Bay number, and eddress): FOR COURT USE ORLY Andrew D, Weiss SBN 121149 1 aw Offices of Andrew D. Weiss Lake Forest, CA 92630 Superior Court of California, County of Orange TeLerHoNE No: (949) 360-9478 raxno: (949) 360-0302 0142017 at 11:08:00 Ad wrvorsey FoR amy Thian Tran Clark of the Superior Court wanes oF corr Superior Court of California, County of Orange By Daven \lstguiz, Dentty Clerk srreer aooress; 100 Civic Center Drive West MAILING ADDRESS: ev ann ze cope anta Ana, CA 92701 sane mane Central Justice Center PLAINTIFF: Thien Tran DEFENDANT: Anthony Nguyen MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT GASE Numer: OF CREDIT, AND DECLARATION OF ACCRUED INTEREST 30-2014-00722873 4. 1claim the following costs after judgment incurred within the last two years (indicate if there are multiple flems In any category): Dates Incurred Amount a | Preparing and issuing abstract of judgment 6/9/16 8 50.00 b | Recording and indexing abstract of judgment 7/8/16 {$ 23.00 ¢ {Filing notice of judgment lien on personal property $ d [Issuing writ of execution, to extent not satisfied by Code Civ. Proc, § 885.050 $ 25.00 {specify county): Orange 10/31/16 e |{Levying officers faes, to extent not satisfied by Code Civ. Proc, § 685.050 or wage 325.00 gamishment attachment 1 | t | Approved fee or application for order for appearance of judgment debtar, or other attachment 1 [§ 120.00 approved costs under Code Civ. Proc., § 708.110 et seq. g |Attorney fees, if allowed by Code Civ. Proc., § 685.040 attachment 2 1$ 32,179.00 hi [Other {Statute authonzing cost): $ i |Total of claimed costs for current memorandum of costs (add lems a-h) $ 31,058.00 2. All previously allowed postjudgmentcosts:, . . . «LLL aii oii iia 3. Total of all postjudgment costs (add items 18nd 2). . LL ov vena eaa TOTAL [§ 31,601.00 4. Acknowledgment of Credit. | acknowledge total credit to date (including retums on levy process and direct payments) in the amountof. |$ 0,00 . 5, Declaration of Accrued Interest. Interast on the judgment accruing at the legal rate from the date of entry on balances dus after partial satisfactions and other credits in tha amount of: 6 lamthe [| judgmentcrediter [| agent for the judgment creditor [7] attorney for the judgment creditor. { have knowledge of the facls concerning the casts claimed above. To the best of my kriowledge and belief, the costs claimed are correct, reasonable, and necessary, and have not been satisfled. } declare under penalty of perjury under the laws of the State of Califomia that the foregoing Is true a Date: January 4, 2017 p Gert” dR 35 5 Andrew D. Weiss... ot o~ (SIGNATURE OF DECLARANT} NOTICE TO THE JUDGMENT DEBTOR Hf this memorandum of costs Is filed at the same time as an application for a writ of execution, any statutory costs, not exceeding $700 in sggregate and not already allowed by the court, may be included in the writ of execution. The fees sought under this memorandum may be disaliowad by the court upon a mofion fo tax filed by the deblor, notwithstanding the fees having been included in the wait of execution. (Cods Civ. Proc., § 685.070(e).} A motion to tax costs claimed in this memorandum must be filed within 10 days after service of the memarandum. (Code Civ. Proc., § 885.070(c).) {Proof of service on reverse) Form Acphdor Mendatoy se MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT Cods of Gill Conte WG-012 [Rev, Jonuay 1. 2011) OF CREDIT, AND BECLARATION OF ACCRUED INTEREST wee LOUIS. CEGOY Case 8:17-cv-00128-JL.S-JCG Document 1-2 Filed 01/25/17 Page 183 of 205 Page ID #:454 Attachment 1 to Memorandum of Costs After Judgment 1.e Levying officers fees 11/21/2016 $40.00 12/22/2016 $135.00 11/28/2016 $150.00 1.f Fee for order for appearance 4/21/16 $40.00 10/24/16 $40.00 12/15/16 $40.00 Case 8:17-cv-00128-JLS-JCG Document 1-2 Filed 01/25/17 Page 184 of 205 Page ID #:455 Attachment 1 to Memorandum of Costs After Judgment Date Biller Description Hours Rate Amount 01/11/16 ADW Hearing on motion to vacate judgments 1.5 $295.00 $442.50 01/12/16 ADW Draft status email to Clients re: appeals 0.1 $295.00 $29.50 01/18/16 ADW Receive and review substitutions of attorney 0.1 $295.00 $29.50 from Tran for harassment cases 01/19/16 ADW Finalize memorandum of costs on appeal 0.2 $295.00 $59.00 01/25/16 ADW Research status of pending action for 0.5 $295.00 $147.50 collection 02/02/16 KNW Draft request for judgment debtor 04 $7500 $30.00 production of documents to Anthony Nguyen 02/02/16 KNW Draft request for judgment debtor . 04 $75.00 $30.00 interrogatories to Anthony Nguyen 02/05/16 ADW Research and draft opposition to motion to 3.5 $295.00 $1,032.50 vacate restraining order 02/09/16 ADW Review and finalize opposition to motionto 0.4 $295.00 $118.00 vacate restraining order 02/09/16 ADW Review and revise collection interrogatories 0.2 $295.00 $59.00 to Duong 02/26/16 DSA Prepare for and attend hearing on motionto ~~ 1.5 $250.00 $375.00 vacate restraining order 02/29/16 ADW Draft notice of ruling on motion to vacate 0.2 $295.00 $59.00 restraining order 03/01/16 ADW Research pleadings filed by Anthony 0.2 $29500 $59.00 Nguyen; draft email to Nguyen re: failure to serve 03/02/16 ADW Obtain copies of documents filed by 1.5 $295.00 $442.50 Anthony Nguyen from Clerk's office 03/11/16 ADW Receive and review motion to tax costs on 04 $205.00 $118.00 appeal 03/11/16 ADW Review and revise notice of ruling on 0.2 $295.00 $59.00 motion for atiorney's fees 03/15/16 ADW Draft outline of opposition fo motion totax ~~ 0.5 $295.00 $147.50 03/15/16 ADW Drafl a status email to clients 0.1 $295.00 $29.50 03/15/16 KNW Research on AIMS mail center for judgment 04 $75.00 $30.00 debtor exam 03/15/16 ADW Research on judgment liens against workers 0.1 $295.00 $29.50 compensation cases 03/15/16 ADW Draft meet and confer letter to Anthony 0.2 $295.00 $59.00 Nguyen re: judgment debtor interrogatories 03/16/16 KNW Research and draft opposition to Nguyen's 0.2 §75.00 $15.00 Case 8:17-cv-00128-JLS-JCG Document 1-2 Filed 01/25/17 Page 185 of 205 Page ID #456 Date Biller Description Hours Rate Amount motion to tax costs 03/18/16 ADW Research potential assets of Anthony 04 $295.00 $118.00 Nguyen for collection of judgment 03/24/16 ADW Research on Pacer cases filed by Anthony 0.5 $295.00 $147.50 Nguyen as referenced in his motion for reconsideration 03/24/16 ADW Obtain copy of motion for reconsideration 0.9 $295.00 $265.50 from Clerk's office and receive motion 03/29/16 ADW Draft request for judicial notice for motion ~~ 0.8 $295.00 $236.00 to set aside defaults 04/08/16 ADW Draft email to Clients re: status 04/10/16 ADW Receive and review email from Duong re: 0.1 settlement 04/11/16 KNW Draft motion to compel responses to 1.2 judgment debtor interrogatories ) 04/12/16 .ADW Review and revise motion to compel 0.4 $295.00 $118.00 responses to judgment debtor interrogatories 04/14/16 KNW Prepare amended notice of motion to corapel 0.2 responses to judgment debtor interrogatories 04/15/16 KNW Prepare declaration in support of application 0.2 $75.00 for examination of AIM Mail Center 04/15/16 KNW Prepare application and order for appearance 0.2 $75.00 $15.00 and examination of AIM Mail Center 04/15/16 ADW Review and revise application for order for 0.2 $295.00 $59.00 examination and supporting declaration 04/15/16 KNW Draft subpoena to AIMS Mail Center 04 $75.00 $30.00 04/18/16 ADW Receive and review minute order re: case 0.1 $295.00 $29.50 assignment 04/18/16 ADW Receive and review minute order denying 0.1 $295.00 170.6; review and revise notice of ruling 04/18/16 ADW Draft notice of case assignment 0.2 $295.00 $59.00 04/18/16 KNW Draft notice of ruling denying Nguyen's 02 §75.00 $15.00 motion to disqualify Judge Miller 04/22/16 KNW Draft proof of service of third party ORAP ~~ 0.2 $75.00 $15.00 documents 04/23/16 ADW Research additional Federal cases filed by 0.5 $295.00 $147.50 Anthony Nguyen 04/26/16 ADW Research other actions in Clerk's office filed 1.2 $295.00 $354.00 by Anthony Nguyen for potential sources of collection 04/26/16 ADW Telephone call fiom Savsani re: subpoenato 0.1 $295.00 AIM Mail Cener 02 $295.00 $59.00 $295.00 $29.50 $75.00 $90.00 $75.00 $15.00 $15.00 $29.50 $29.50 Case 8:17-cv-00128-J.8-JCG Document 1-2 Filed 01/25/17 Page 186 of 205 Page iD #:457 Date Biller Description Hours Rate Amount 04/26/16 ADW Receive and review documents produced by 0.6 $295.00 $177.00 AIM mail center; draft custodian of records declaration; draft email to Savsani 04/29/16 ADW Research Federal action on Pacer and review 0.7 $295.00 $206.50 complaint by Nguyen 04/29/16 ADW Continue drafting vexatious litigant motion ~~ 1.0 $295.00 $295.00 05/02/16 ADW Research for 12(b){6) motion to dismiss 0.4 $295.00 $118.00 Federal action 05/02/16 ADW Research and begin draft of motion to 2.6 $295.00 $767.00 dismiss Federal action 05/06/16 ADW Continue drafting motion to dismiss Federal 1.2 $295.00 $354.00 action 05/11/16 ADW Attempts to meet and confer with Nguyen 0.1 $295.00 $29.50 on motion to strike 05/11/16 ADW Continue research and drafting motion to 2.1 $295.00 $619.50 strike Federal complaint 05/12/16 ADW Continue drafting motion to strike; review 1.6 $295.00 3472.00 compliance with District Court rules 05/16/16 ADW Continue drafting motion to dismiss Federal 0.5 $295.00 $147.50 action 05/23/16 ADW Complete motion to strike Federal 2.1 $295.00 $619.50 Complaint 05/24/16 ADW Draft order on motion for attorney's feesand 0.4 $295.00 $118.00 to tax costs 05/26/16 ADW Prepare for hearing on motion to tax 0.3 $295.00 $88.50 05/26/16 ADW Review and revise notice of ruling on 0.2 $295.00 $59.00 motion to tax 05/28/16 ADW Draft email to Clients re: status 0.5 $295.00 $147.50 06/03/16 ADW Draft revised order on fee and costs 0.1 $295.00 $29.50 06/07/16 KNW Draft notice of enfry of judgment for motion 0.2 $7500 $15.00 for attorney's fees 06/07/16 ADW Receive and review email from Duong re: 04 $295.00 $118.00 status; research and draft status email to Clients 06/07/16 ADW Receive and review entered order on motion 0.5 $295.00 $147.50 for attorney's fees and motion to tax costs; draft abstracts of judgment; review notice of entry of order 06/16/16 ADW Obtain copy of oppositoin to motion to compel responses to judgment debtor interrogatories from Clerk's office 06/17/16 ADW Review opposition to motion to compel 1.2 0.4 $295.00 $118.00 $295.00 $354.00 Case 8:17-cv-00128-JLS-JCG Document 1-2 Filed 01/25/17 Page 187 of 205 Page ID #:458 Date Biller Description Hours Rate Amount responses to judgment debtor interrogatories; draft reply 06/18/16 ADW Review timeslips for memorandum of costs 0.5 $295.00 $147.50 post judgment 06/20/16 KNW Draft motion to compel further responsesto 1.4 $75.00 $105.00 form interrogatories 06/20/16 ADW Review status of abstract of judgment and 0.2 $295.00 preapre for recording 06/21/16 KNW Research telephone numbers for medical 0.2 $75.00 $15.00 providers provided by Nguyen in discovery responses 06/21/16 KNW Continue drafting motion to compel further 1.4 $75.00 responses to form interrogatories 06/22/16 KNW Continue drafting motion to compel further 1.0 $75.00 responses to form interrogatories 06/22/16 ADW Draft motion to deem requests for admission 0.8 $295.00 $236.00 $59.00 $105.00 $75.00 admitted and for sanctions 06/24/16 ADW Hearing on motion to compel responses fo 1.5 $295.00 $442.50 judgment debtor interrogatories $15.00 06/24/16 KNW Draft notice of ruling on motion to compel 0.2 875.00 responses to judgment debtor interrogatories 06/24/16 ADW Revew and revise motion to compel further 1.2 $295.00 $354.00 responses to form interrogatories and supporting seperate statement 06/24/16 ADW Review and revise motion to deem requests 0.8 $295.00 $236.00 for admission admitted 06/27/16 ADW Revew and revise motion to compel further 2.2 $295.00 $649.00 responses to form interrogatories and supporting seperate statement $501.50 06/30/16 ADW Receive and review ex parte applicationsto 1.7 $295.00 continue hearing on anti-SLAPP motion; research and draft opposition; receive and review order denying ex parte application 07/07/16 ADW Draft opposition to third ex parte motionto ~~ 0.5 continue hearing on motion to strike $295.00 $147.50 07/07/16 ADW Obtain copies of unserved pleadings from 0.5 $295.00 $147.50 Clerk's office 07/11/16 ADW Draft memorandum of costs 0.3 $295.00 $88.50 07/13/16 ADW Receive and review opposition by Nguyento 1.2 $295.00 $354.00 motion to strike complaint in Federal action; begin draft of reply 07/14/16 XNW Begin draft of objection to declarations of 0.7 $7500 $52.50 Case 8:17-cv-00128-JLS-JCG Document 1-2 Filed 01/25/17 Page 188 of 205 Page ID #:459 Biller Description Hours Rate Amount Tony Nguyen 07/15/16 ADW Review and revise objections to declarations 0.7 $295.00 $206.50 in support of opposition to motion to strike Date 07/18/16 ADW Draft status email to Clients 0.2 $295.00 $59.00 07/21/16 ADW Receive and review motion to set asside 0.7 $295.00 $206.50 dismissal 09/02/16 ADW Research and draft opposition to motion to 1.5 $295.00 $442.50 stay enforcement 09/02/16 KNW Begin to draft pleading for the Petitioner's 02 $75.00 $15.00 Opposition to Motion to Stay 09/07/16 ADW Obtain and review copy of repy declaration 1.2 $295.00 $354.00 by Nguyen for his motion to stay collection; research claims in declaration 09/15/16 ADW Prepare for hearing on motion to stay 03 $295.00 $88.50 collection 09/16/16 ADW Hearing on motion to stay collection 1.3 $295.00 $383.50 09/16/16 ADW Research at Clerk's office for sources of 04 $295.00 $118.00 collection 09/16/16 KNW Draft Notice of Ruling on motion to stayof 0.2 $75.00 $15.00 judgment 09/25/16 ADW Research and draft opposition to motionto 3.2 $295.00 $944.00 vacate dismissal; draft notice of intent to cross-examine 09/26/16 ADW Finalize opposition to motion to set aside 1.6 $295.00 $472.00 dismissal 09/28/16 KNW Draft Memorandum of Costs After 0.1 $75.00 $7.50 Judgment 09/28/16 KNW Draft Writ of Execution 0.1 $75.00 $7.50 10/04/16 ADW Receive and review order denying Nguyen's 0.2 $295.00 $59.00 motion to set aside dismissal of Federal action 10/07/16 ADW Draft order for costs in personal injury 0.2 $295.00 $59.00 action 10/21/16 ADW Research on status of Nguyen's judgment 04 $295.00 $118.00 against Rascol 10/24/16 ADW Review application for judgment debtor 0.1 $295.00 $29.50 exam 10/24/16 KNW Draft Application and Order for Appearance 0.1 ~~ $75.00 $7.50 and Examination for Case 730 10/24/16 ADW Research on address for Doan 0.3 $295.00 $88.50 11/03/16 ADW Research and draft opposition to motion for 0.9 $295.00 $265.50 reconsideration Case 8:17-cv-00128-JL.S-JCG Document 1-2 Filed 01/25/17 Page 189 of 205 Page ID #460 Date Biller Description Hours Rate Amount 11/04/16 ADW Review and revise opposition to motion for ~~ 0.2 $295.00 $59.00 reconsideration 11/04/16 KNW Draft Notice of Lien 0.1 $75.00 £7.50 11/07/16 ADW Drafl subpoena for documents to Anthony 0.3 $295.00 $88.50 Nguyen 11/08/16 KNW Draft Notice o Entry of Order 02 $75.00 $15.00 11/09/16 ADW Telephone call from Petersen re: service 02 $295.00 $59.00 attempts on Anthony Nguyen 11/10/16 KNW Prepare Personal Service Proof of Service 0.2 $75.00 for Civil Subpoena and Application and Order for Appearance regarding Anthony $15.00 Nguyen 11/15/16 ADW Telephone conference with Petersen re: 0.1 $295.00 $29.50 service of OJD and subpoena on Anthony Nguyen 11/17/16 ADW Research recent Federal actions for potential 1.0 $295.00 $295.00 source of collection 11/18/16 ADW Draft notice of ruling on motion for 0.2 $295.00 $59.00 reconsideration 11/18/16 ADW Receive and review email from Anthony 02 $295.00 $59.00 Nguyen re: proof of service of QJD and threat of new action $15.00 11/18/16 KNW Draft Notice of Filing Notice of Lien By 0.2 $75.00 Lien Claimant Thien Tran 11/18/16 ADW Receive and review notice of federal RICO 0.9 $295.00 $265.50 lawsuit 11/18/16 ADW Hearing on motion for reconsideration; 2.8 $295.00 $826.00 research at Clerk's office 11/21/16 ADW Research sources of collection at banks 0.7 $295.00 $206.50 11/21/16 ADW Review documents from actions by Anthony 1.2 $295.00 $354.00 Nguyen against Bich An Thi Nguyen; prepare notice of judgment liens 11/21/16 KNW Draft Notice of Lien regarding Federal Case 0.3 $75.00 $22.50 x1950 11/21/16 KNW Research Bich An Thi Nguyen Address 03 $75.00 $22.50 11/22/16 KNW Draft Notice of Filing Notice of Lien for 0.2 $75.00 $15.00 case x0751 11/22/16 ADW Exchange emails with Anthony Nguyen 02 $295.00 $59.00 11/22/16 ADW Research and draft notice of lien in Federal ~~ 1.3 $295.00 $383.50 action against Judge Kelly; review Judge Kelly's motion to dismiss Federal action 12/02/16 ADW Telephone call from Petersen re: subpoena 0.1 $295.00 $29.50 Case 8:17-cv-00128-JL.S-JCG Document 1-2 Filed 01/25/17 Page 190 of 205 Page ID #461 Date Biller Description Hours Rate Amount by Nguyen 12/04/16 ADW Receive and review email from Petersen 0.5 $295.00 $147.50 with copy of subpoena; research filings by Nguyen; draft email to Nguyen demanding copies of his filings 12/05/16 ADW Receive and review email from Anthony 0.1 $295.00 Nguyen/Tom Nguyen re: service of pleadings 12/05/16 ADW Research service of pleadings by Anthony 04 $295.00 $118.00 Nguyen by USPS and research filing of any $29.50 new federal action 12/06/16 ADW Meeting with Duong and Hien Nguyen to 0.5 $295.00 $147.50 discuss status 12/08/16 ADW Research and draft ex parte application to 3.8 $295.00 $1,121.00 strike pleadings 12/08/16 ADW Draft email to Nguyen giving notice of ex 0.1 $295.00 $29.50 parte application 12/08/16 ADW Research additional filings by Nguyen 0.3 $295.00 $88.50 without notice or service 12/09/16 ADW Review and obtain copies of unserved 1.1 $295.00 $324.50 documents from Clerk's office 12/09/16 KNW Draft x73 Request for Boxholder 0.2 $75.00 $15.00 Information on Anthony Nguyen 12/09/16 ADW Draft supoenas to Toan Thai and Mink 0.4 $295.00 $118.00 Nguyen 12/09/16 ADW Review ex parte motions 2.1 $295.00 $619.50 12/09/16 ADW Review complaint in new federal action 0.7 $295.00 $206.50 12/09/16 ADW Receive and review ex parte application to 0.8 5295.00 $236.00 stay collection set for hearing on December 13 12/10/16 ADW Meeting with Mr. Thai to discuss his 0.5 5295.00 $147.50 declaration 12/10/16 ADW Draft application for judgment debtor exam 0.2 $295.00 $59.00 12/12/16 ADW Meeting with Hoang and Teague to discuss ~~ 3.8 $295.00 $1,121.00 factual background 12/12/16 ADW Hearing on Tran's ex parte application to 1.8 $295.00 $531.00 strike pleadings and require electronic service 12/12/16 KNW Draft x73 Notice of Entry of Order 0.1 $75.00 $7.50 12/12/16 KNW Begin x73 Draft Opposition to Respondent's 04 $75.00 $30.00 Motion to Stay Enforcement of Restraining Order and Attorney's Fees Case 8:17-cv-00128-JLS-JCG Document 1-2 Filed 01/25/17 Page 191 of 205 Page ID #462 Date Biller Description Hours Rafe Amount 12/13/16 KNW Draft x73 Civil Subpoena for Personal 0.1 $75.00 $7.50 Appearance 12/13/16 ADW Research and draft motion fo revoke fee 1.9 $295.00 $560.50 waiver 12/13/16 KNW Proofread x73 Motion to Revoke Fee 0.2 $75.00 $15.00 Waiver 12/13/16 KNW Draft x73 Application and Order or 01 875.00 $7.50 Appearance and Examination Third Person 12/13/16 ADW Review application for order for 0.2 $295.00 $59.00 examination of Doan; draft supporting declaration 12/13/16 ADW Receive and review email from Duong re: 0.1 $295.00 $29.50 deposition scheduling; draft email in response 12/14/16 ADW Work on exhibits for motion to revoke fee 0.5 $295.00 $147.50 : waiver 12/14/16 KNW Draft x73 Notice of Lodging Exhibits in 0.1 §75.00 37.50 Support of the Support of Motion to Revoke Respondents' Fee Waiver by Thien Tran 12/14/16 KNW Prepare x73 Exhibits for Motion to Revoke ~~ 0.9 $75.00 $67.50 Fee Waiver 12/16/16 ADW Draft subpoena to Doan and related notice to 0.4 $295.00 $118.00 consumer and proof of service 12/17/16 ADW Receive and review email from Duong 0.1 $295.00 $29.50 threatening to file motion to compel deposition in second federal action 12/19/16 ADW Receive and review email from Anthony 14 $295.00 $413.00 Nguyen with ex parte application to quash service 12/20/16 ADW Continue drafting opposition to ex parte 1.8 $295.00 $531.00 application to quash order to appear 12/20/16 ADW Telephone call from Hoang Tu 0.3 $295.00 $88.50 12/20/16 KNW Draft x44 Civil Subpoena for Personal 01 875.00 $7.50 Appearance and Attachment 2 for AN 12/20/16 ADW Research procedure for removal to federal 0.5 $295.00 $147.50 court 12/21/16 ADW Hearing on Nguyen's ex parte applicationto 1.8 $295.00 $531.00 quash service of order for appear for examination 12/21/16 ADW Research on status of attempted removal to 0.7 $295.00 $206.50 federal court 12/22/16 ADW Receive and review First Amended 1.1 $295.00 $324.50 Case 8:17-cv-00128-JL.S-JCG Document 12 riled 01/25/17 Page 192 of 205 Page ID #4 Pate Biller Description Hours Rate Amount Complaint in second federal action 12/22/16 ADW Telephone conference with Ture: claimsby 0.2 $295.00 $59.00 Anthony Nguyen $15.00 12/22/16 KNW Draft letter to the Orange County Sheriff 02 §75.00 Department regarding the Writ of Execution 12/22/16 KNW Draft Proof of Service for Application and 0.1 $75.00 $7.50 Civil Subpoena 12/22/16 KNW Draft Writ of Execution for second fee 0.1 award 12/22/16 ADW Receive and review notice from Sheriff re: 03 $295.00 safe deposit box; draft letter to Sheriff re: same 12/23/16 ADW Draft objection to notice of removal 0.6 $295.00 $177.00 12/27/16 ADW Telephone call from Sheriff's officere: safe 0.3 $295.00 $88.50 deposit box levy; draft confirming letter 12/28/16 ADW raft ex parte application fo remove 1.7 $295.00 $501.50 suspension $75.00 $7.50 $88.50 12/28/16 ADW Receive and review motion to dismiss 0.6 $295.00 $177.00 Nguyen v. Kelly action 12/28/16 ADW Receive and review copy of Nguyen's 03 $295.00 $88.50 declarations objecting to notice of lien in Nguyen v. Kelly action 12/29/16 ADW Review and revise writ of execution 0.2 12/29/16 ADW Review and revise ex parte application to 1.6 vacate suspension and restore judgment debtor exams 12/29/16 ADW Telephone call to Nguyen fo give ex parte 0.2 $29500 $59.00 notice; draft confirming email 12/29/16 KNW Proof read Ex Parte Application to Remove 0.3 $75.00 $22.50 Case Suspension and Reset Judgment Debtor Exams and add exhibits $295.00 $59.00 $295.00 $472.00 oom ct ----- Total $31,058.00 10 Case 8;17-cv-00128-JLS-JCG Document 1-2 Filed 01/25/17 Page 193 of 205 Page ID #:464 . MC-012 CASE NUMBER SHORT TITLE: 30-2014-00722873 | Tran v. Nguyen PROOF OF SERVICE 7] Mait ["_] Personal Service 1. Atthe time of service | was at least 18 years of age and not a party to this legal action. 2. My residence or business address is (specify): 26459 Rancho Parkway South, Lake Forest, CA 92630 3. | mailed or personally delivered a copy of the Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued interest as follows (complete aither a or b). a. Mail. | am a resident of or employed in the county where the mailing occurred. 1) 1 enclosed a copy in an envelope AND (2) [Z] deposited the sealed envelope with the United States Postal Service with the postage fully prepaid, {tv} 1 placed the envelope for collection and mailing on the date and at the place shown in ems below following our ordinary business practices. | am readily familiar with this business's practice for collecting and processing comespondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. (2) The envelope was addressed and mailed as follows: (a) Name of parson served: Anthony Nguyen {b} Address on envelope: P.0. Box 1772 Angheim, CA 92815 (0) Date of maling: January 4, 2017 (d) Place of mailing {city and state). Take Forest, CA b. [] Personal delivery. persanally dsiivered a copy as follows: {1) Name of person served: (2) Addrass where delivered: (3) Date delivered: (4) Time delivered: | declare under penalfy of perjury under the laws of the State of California that the foregoing is true and correct, Date: January 4, 2017 [ fy A X nN an Nicole Williams b | ih HAE 2 2 wm BRE SS (TYPE OR PRINT NAME) nw INL {SIGNATURE OF DECLARANT) MC-012 (Rav. Jamary 1.2017) MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT Page twa OF CREDIT, AND DECLARATION OF ACCRUED INTEREST SS WO c o N N N Wn RA W N 11 13 14 15 16 17 18 19 20 21 99 23 24 25 26 27 28 PROOF OF SERVICE 1013a (3) CCP STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 26459 Rancho Parkway South, Lake Forest, California 92630. On April 28, 2017, I served the foregoing document described as: JUDGMENT CREDITOR’S OPPOSITION TO EX PARTE APPLICATION TO VACATE ORDER FOR POST JUDGMENT COSTS on the interested party in this action as follows: Anthony Nguyen P.O. Box 9591 Fountain Valley, CA 92708 Telephone: (888) 398-8873 Respondent, In pro per X_ By U.S. Mail By placing a copy of the above-described document in an envelope, addressed as set forth above, with first class postage pre-paid for delivery to the above named person at the above-listed address and depositing such envelope in a U.S. Mail collection box. Executed on April 28, 2017, at Lake Forest, California. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. ) Nicole Williams