Charles R. Tyler, as Trustee of The Charles Robert Tyler Trust Dated September 18, 1996 vs. Farzaneh Kianfard

Motion Other

Cal. Super. - 4th Dist.January 9, 2015

10 11 12 13 14 15 16 17 18 19 20 21 27 93 24 25 26 27 28 Peter J. Pfund State Bar# 97803 EL ER DAMIER, St FILED Law Offices of Stephen M. Tornay ea 5 Hutton Certre Dr. Ste. 700 ¥ Santa Ana, CA 92707 08/09/2016 at 05:19:00 Pi Clerk of the Superior Court Telephone: (949) 221-0166 By Dawvon ‘welasquez, Dep ty Clerk Facsimile: (949) 429-3036 Attorney for: Defendants, Farzaneh Kianfard, Esmaeel Madani, and Towman Towing, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE CHARLES TYLER, AS TRUSTEE OF THE CASE NO. :30-2015-00765369 CHARLES ROBERT TYLER TRUST DATED SEPTEMBER 18, 1996 Plaintiff, Defendant’s Farzaneh Kianfard, Esmaeel Madani and Towman Towing Inc. Notice of Motion and Motion to Enter Satisfaction of Money ) ) ) ) ) ) vs. ) ) ) | Judgment by Court, for damages ) ) ) ) ) ) ) ) ) ) ) FARZANEH KIANFARD, DBA TOWMAN TOWING SERVICE, AN INDIVIDUAL; ESMAEEL MADANI, DBA TOWMAN TOWING SERVICE, AN INDIVIDUAL; TOWMAN TOWING SERVICE, BUSINESS ENTITY OF UNKNOWN FORM; TOWMAN TOWING INC., A CALIFORNIA CORPORATION, and for Attorney fees. CCP section 724.010 et. seq. Date: October 7, 2016 Time: 9:00 a.m. Defendants. Dept:C-14 To the Plaintiff Charles Tyler, as trustee of the Charles Robert Tyler Trust dated September 18, 1996 and to their attorney of record Kermit D. Marsh: 1 Defendants Notice of Motion and Motion to Enter Satisfaction of Judgment by Court, for Damages and for Attorney Fees, Points and Authorities and Declaration in Support Thereof 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 +28 Please take notice that on October 7, 2016, 2016 at 9:00 a.m. in Dept. C-14 of the above court located at 700 Civic Center Dr. Santa Ana, CA 92702 the defendants all will move the court for an order entering a full satisfaction of judgment on the grounds that the judgment has been paid in full and that the Plaintiff and his attorney] refuse to enter satisfaction of judgment and to refund the excess payments. The defendants further seek damages and attorney fees against the plaintiff. This motion is brought pursuant to CCP sections 724.010, 724.020, 724.030, 724.050, 724.070, and 724.080. This motion is based upon this notice, the attached points and authorities, the declaration of Farzaneh Kianfard and upon such other oral and documentary evidence to be presented at the time of the hearing. pated Avg § Soll a (8 TRAL) “Péter J. ns) 2 Defendants Notice of Motion and Motion to Enter Satisfaction of Judgment by Court, for Damages and for Attorney Fees, Points and Authorities and Declaration in Support Thereof 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 I Motion to Enter Satisfaction of Judgment by Court For Damages and for Attorney fees. Defendants move the court for an order entering a full satisfaction of the judgment by court in this matter, for damages and for attorney fees against plaintiff because the Plaintiff and the attorney for the plaintiff have collected excess funds in satisfaction of the judgment. Plaintiff has failed to refund or account for the funds he collected. He has caused the defendants damages by collection of excess funds from Defendants customers and further Plaintiffs attorney has withheld the excess funds collected by requiring further payments by the defendants which are not covered by the judgment and which the plaintiff is not entitled to collect by law. II POINTS AND AUTHORITIES STATEMENT OF FACTS On May 7, 2015 the court entered judgment in this unlawful detainer case by terminating the lease between the parties and by awarding immediate possession to the plaintiff. The plaintiff was awarded the principal sum of $58,014.51, attorney’s fees to be determined by a later motion and costs of suit. On July 2, 2015 a cost bill was filed by the plaintiff in the sum of $800.00. On Sept. 10, 2015 the court awarded attorney fees to the plaintiff in the sum of $21,327.00. A copy of the judgment is attached as Exhibit A. 3 Defendants Notice of Motion and Motion to Enter Satisfaction of Judgment by Court, for Damages and for Attorney Fees, Points and Authorities and Declaration in Support Thereof 10 11 12 13 14 15 16 17 18 19 20 21 22 ZB 24 25 26 27 28 The defendants Ins lnds a breakdown of the judgment and the payments and credits made to the plaintiff by the defendants. A copy of the breakdown is attached as Exhibit B and incorporated herein by reference. A copy of the demand letter to Plaintiff pursuant to CCP section 724.050 is attached as Exhibit C. IIT THE COURT HAS THE AUTHORITY TO ORDER THE ENTRY OF A FULL SATISFACTION OF THE JUDGMENT CCP section 724.010 states (a) A money judgment may be satisfied by payment of the full amount required to satisfy the judgment or by acceptance by the judgment creditor of a lesser sum in full satisfaction of the judgment. (b) Where a money judgment is satisfied by levy, the obligation of the judgment creditor to give or file an acknowledgment of satisfaction arises only when the judgment creditor has received the full amount required to satisfy the judgment from the levying officer. (c) Where a money judgment is satisfied by payment to the judgment creditor by check or other form of noncash payment that is to be honored upon presentation by the judgment creditor for payment, the obligation of the judgment creditor to give or file an acknowledgment of satisfaction of judgment arises only when the check or other form of noncash payment has actually been honored upon presentation for payment. CCP sec. 724.010 CCP section 724.020 holds: The court clerk shall enter satisfaction of a money judgment in the register of actions when the following occur: (a) A writ is returned satisfied for the full amount of a lump sum judgment. (b) An acknowledgment of satisfaction of judgment is filed with the court (c) The court orders entry of satisfaction of judgment. 4 Defendants Notice of Motion and Motion to Enter Satisfaction of Judgment by Court, for Damages and for Attorney Fees, Points and Authorities and Declaration in Support Thereof 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Iv THE JUDGMENT CREDITOR IS REQUIRED TO FILE UPON SATSIFACTION AN ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT. CCP section 724.030 holds: When a money judgment is satisfied, the judgment creditor immediately shall file with the court an acknowledgement off satisfaction of judgment. This section does not apply where the judgment is satisfied in full pursuant to a writ. CCP sec 724.030. Vv DEFENDANTS HAVE MADE A DEMAND FOR FILING OR DELIVERY OF ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT CCP section 724.050 states: (a) If a money judgment has been satisfied, the judgment debtor, the owner of the real or personal property subject to a judgment lien created under the judgment, or a person having a security interest in or a lien on personal property subject to a judgment lien created under the judgment may serve personally or by mail on the judgment creditor a demand in writing that the judgment creditor do one or both of the following: (1) File an acknowledgment of satisfaction of judgment with] the court. (2) Execute, acknowledge, and deliver an acknowledgment of satisfaction of judgment to the person who made the demand. (b) The demand shall include the following statement: " Important warning, If this judgment has been satisfied, the law requires that you comply with this demand not later than 15 days after you receive it. If a court proceeding is necessary for you to comply with this demand, you will be required to pay my reasonable attorney fees in the proceeding if the court determines that the judgment has been satisfied and that you have failed to comply with the demand. In addition, if the court determines that you 8 Defendants Notice of Motion and Motion to Enter Satisfaction of Judgment by Court, for Damages and for Attorney Fees, Points and Authorities and Declaration in Support Thereof 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The plaintiff in this case declared a forfeiture of the lease because of the plaintiff’s prior service on the defendant of a .notice to terminate the tenancy. The parties were not able to reach an amicable resolution regarding a termination of the lease motion pursuant to subdivision (d) or in an action. failed without just cause to comply with this demand within the fifteen days allowed, you will be liable for all damages I sustain by reason of such failure and you will also forfeit one hundred dollars to me.” If the judgment has been satisfied, the judgment creditor shall comply with the demand not later than 15 days after actual receipt of the demand. If the judgment creditor does not comply with the demand within the time allowed, the person making the demand may apply to the court on noticed motion for an order requiring the judgment creditor to comply with the demand. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail. If the court determines that the judgment has been satisfied and that the judgment creditor has not complied with the demand, the court shall either (1) order the judgment creditor to comply with the demand or (2) order the court clerk to enter satisfaction of judgment. If the judgment has been satisfied and the judgment creditor] fails without just cause to comply with the demand within the time allowed, the judgment creditor is liable to the person who made the demand for all damages sustained by reason of such failure and shall also forfeit one hundred dollars ($100.00) to such person. Liability under this subdivision may be determined in the proceedings on the CCP section 724.050. VI Argument 6 Defendants Notice of Motion and Motion to Enter Satisfaction of Judgment by Court, for Damages and for Attorney Fees, Points and Authorities and Declaration in Support Thereof 10 11 12 13 14 15 16 17 18 19 20 "21 22 93 24 25 26 27 28 Defendants Notice of Motion and Motion to Enter Satisfaction of Judgment by interest prior to and on the day of trial so, the court at trial terminated the lease by granting the plaintiff immediate possession and rent as of the date of Judgment. The judgment in this case properly does not provide for daily rental for the continued occupancy by the tenant after judgment. (Lehr v. Crosby 123 Cal. App. 3d Supp. 1, 177 Cal. Rptr. 96. Also Pfitzer v. Candeias ((1921) 53 Cal. App. 737, 741-742, 200 P. 839. Mr. Tyler and his attorneys sought a payment from the Defendants of the daily rental post judgment prior to the plaintiff’s filing of a satisfaction of judgment. In the case of Hudec v Robertson (1989) 210 Cal. App. 3x 1156, 1163 the court states: It is well established in California that Unlawful Detainer actions are purely statutory. (Citations), and only damages authorized by statute as being incidental to the recovery of the premises are recoverable in these proceedings.. . . . Moreover the award for damages for breaches of the lease occurring before the unlawful detainer and of ‘future damages’ for continued unlawful possession beyond the date of the judgment until such time as possession is returned to the landlord are not permitted in unlawful detainer. (citation). The Plaintiff also sought attorney fees post judgment pursuant to the same lease contract the court terminated at trial when the lease was forfeited and the plaintiff was granted immediate 9 Court, for Damages and for Attorney Fees, Points and Authorities and Declaration in Support Thereof 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 possession of the lease premises. Since there is no longer a lease contract pursuant to the courts judgment the plaintiff cannot continue to ask for post judgment attorney fees under the same lease agreement which was forfeited by the order of the court in Judgment. The plaintiff incorrectly relies on CCP section 685.040. which holds: The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. ATTORNEY FEES INCURRED IN ENFORCING A JUDGMENT ARE NOT INCLUDED IN COSTS COLLECTIBLE UNDER THIS TITLE UNLESS OTHERWISE PROVIDED BY LAW. Attorney’s fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award for attorney fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5. (Emphasis added) The plaintiff wants immediate possession and a termination of the lease by judgment but he also wants the lease agreement to continue on post judgment so that he can collect post judgment rents, attorney fees and costs in a completely unreasonable sum without statutory authority for such recovery. The lease is forfeited by judgment. The court has no legal authority to grant post judgment rents, attorney fees and costs to the plaintiff as Mr. Tyler has no contract, statute, or law under CCP 1033.5 (D) (10) to seek post judgment attorneys fees. 8 Defendants Notice of Motion and Motion to Enter Satisfaction of Judgment by Court, for Damages and for Attorney Fees, Points and Authorities and Declaration in Support Thereof 10 dk Le 13 14 15 16 17 18 18 20 21 22 23 24 25 26 27 28 The plaintiff and his attorneys seek various costs of suit net covered by the cost bill on file in this case. An example of the Costs are mileage, parking, faxes, copies, overnight mail charges and other items which total $3,016.41. The defendants dispute these unreasonable costs except for the costs of $800.00 claimed in the cost bill. The plaintiffs and their attorneys seek to retain portions of the security deposit not covered by the judgment and unless the defendants agree to a withholding of portions of the deposits, the plaintiffs refuse to file a satisfaction of the judgment. VII PLAINTIFF SEEKS THE FOLLOWING REMEDIES AND DAMAGES The defendants seek the following by this motion pursuant to CCP section 724.050 (e): (1) That the court order the plaintiff to file a satisfaction of] judgment or that the clerk enter a satisfaction of judgment (2) For damages in the sum of any excess sums now collected and now held by the plaintiff over the actual judgment of the 9 Defendants Notice of Motion and Motion to Enter Satisfaction of Judgment by Court, for Damages and for Attorney Fees, Points and Authorities and Declaration in Support Thereof 10 11 12 13 14 15 16 17 18 18 20 21 22 23 24 25 26 27 28 court which the defendants contend to be the sum of $49,298.47. (3) For special damages incurred by defendants for loss of business between defendants and the Automobile Club of Southern California in the sum of $90,000 per year caused by the plaintiff's collection of $58,872.77 after the judgment was satisfied. (4) For Attorney fees and costs incurred by the defendants in the sum of $13,676. Dated: ¥-1 - Lk Respectfully Submitted NPT Pefer J. Pfun 10 Defendants Notice of Motion and Motion to Enter Satisfaction of Judgment by Court, for Damages and for Attorney Fees, Points and Authorities and Declaration in Support Thereof 10 11 "12 13 14 18 16 17 18 19 20 21 22 23 24 25 26 27 -28 DECLARATION OF FARZANEH KIANFARD I am one of the defendants in this action. I am a competent adult and can testify to the following from my own knowledge: The court entered a judgment is this matter on May 7, 2015. On July 2, 2015 a cost bill was filed by the plaintiff in the sum of $800.00. A true and accurate summary of the judgment and all payments made towards its satisfaction is attached to this motion as Exhibits A and B. The judgment in this case was completely satisfied as of July 13, 2015. The plaintiff had received the sum of $70,567.21 as of July 13, 2015. Mr. Tyler and his attorney Kermit Marsh continued to collect the sum of $58,872.77 in four payments from the Auto Club of Southern California after July 13, 2015 when they had already been paid in full. Mr. Marsh exceeded the limitations ordered by Judge Timothy J. Stafford in his June 18, 2015 orders. A copy of the orders are attached as Exhibit D and incorporated herein by reference. I was in court on that date and heard the judge order that fifty percent of the Auto Club payments would go to the plaintiff and their attorney. Mr. Marsh and his client took one hundred percent of the Auto Club receivable payments directly against Judge Stafford’s order. This put a great financial strain on my business. Mr. Marsh used Judge Stafford’s order to take the sum of $18,479.65 from Chase Bank accounts held by my husband and I. Those accounts are still frozen by Chase. I cannot use the accounts or do any business with Chase until a satisfaction of judgment is filed in this case. Mr. Tyler diverted four Auto Club receivables due to me and the other defendants in total sum of $58,872.77. My husband and I and Towman Towing Inc. are one of] the tow companies that services customers of the Auto Club. Towman 11 Defendants Notice of Motion and Motion to Enter Satisfaction of Judgment by Court, for Damages and for Attorney Fees, Points and Authorities and Declaration in Support Thereof 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Towing and my husband and I are paid a minimum of $25.00 for each tow call we get from the Auto Club. That payment could be in excess of $300.00 for a long distance tow. One hundred percent of all of my receivable payments from Auto Club was diverted to Mr. Marsh’s trust account between July and September of 2015. As of July 13, 2015 the judgment had been satisfied in full. TI had to continue to pay drivers wages, taxes, rent, insurance, fuel and other items without the sum of $58,872.77 from the four payments diverted by the plaintiff and his attorney to Mr. Marsh’s account. Auto Club cut my call volume for automobile tow calls by three hundred calls per month in September of 2015 because I could not pay drivers and expenses and could not maintain the call levels because of all of the money diverted to Mr. Marsh’s account in August and September of 2015. I will lose a minimum of $90,000.00 every year from this loss of income. I calculate that based upon each tow call being a minimum tow of $25.00. I am requesting that as damages. The call level of AAA calls has continued to be reduced to the present time. I have also incurred attorney fees and costs and request the sum of $13,676 to cover that expense. My husband and I and Towman Towing Inc. have overpaid the sum of $49,298.47 as set out in the attached summary (ExB). // // // 12 Defendants Notice of Motion and Motion to Enter Satisfaction of Judgment by Court, for Damages and for Attorney Fees, Points and Authorities and Declaration in Support Thereof 10 11 12 13 14 18 16 17 . 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury that the foregoing is true and correct under the laws of the state of California. Dated:August 1, 2016 at San Clemente, CA N-.. Farzaneh Kianfard DECLARATION OF PETER J. PFUND I an attorney at law licensed to practice in all courts of the State of California. I was retained by the defendants and took on their case at the request of Steve Tornay who was ill and hospitalized from a viral infection. I first met with the defendants on June 23, 2015. I have incurred a total of twenty two and one third hours on their case up to Oct. 21, 2015. I charge the hourly rate of $500.00 per hour. My bill is $11,166.66 through Oct 21, 2015. A itemized bill is attached hereto as Exhibit E. I expect to spend another 5 hours onl the setting, filing, and appearance on this motion. The total attorney] fee bill should be approximately $13,676. On Oct. 19, 2015 I caused to be mailed to the plaintiff Charles Tyler Trustee and a copy sent to Mr. Marsh a demand for Satisfaction of the Judgment under CCP section 724.050. I have met and conferred 13 Defendants Notice of Motion and Motion to Enter Satisfaction of Judgment by Court, for Damages and for Attorney Fees, Points and Authorities and Declaration in Support Thereof 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 with Mr. Marsh on the contents of this motion and on an overall settlement of the matter and I have not been able to settle this matter. My clients had left the United States in early 2016 and have now returned here. They have asked me to renew my efforts to recover the overpayment made to the plaintiff. I declare under penalty of perjury that the foregoing is true and correct under the laws of the state of California Dated gust 1, 2016 a an Clemente, CA L. JdC TR Péter J. Pfund 14 Defendants Notice of Motion and Motion to Enter Satisfaction of Judgment by Court, for Damages and for Attorney Fees, Points and Authorities and Declaration in Support Thereof EXHIBIT “A” - OW 00 = OO Ww BH » W N N O N N N N N O N m e em e m e b r = e e m E ELECTRONICALLY RECEIVED Superior Cowt of Cuiifemia, : Ceurty of Sanger 04/21.2015 2 073850 Pd Qlaric of the Supariar Court KERMIT D. MARSH (SBN 150745) SUPERIOR COURT OF CALIFORNIA THE LAW OFFICES OF KERMIT D. MARSH oe TY OO TER 9550 Warner Avenue, Suite 250 72015 Fountain Valley, California 92708 MAY 072 : Tel (714) 593-2320 | ALAN CARLEON. Cit Fax (888) 396-6272 _ |. : QO Tow - gY 8 TURNER Attorneys for Plaintiff CHARLES R. TYLER, AS TRUSTEE OF THE CHARLES ROBERT TYLER TRUST DATED SEPTEMBER 18, 1996 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE CENTRAL JUSTICE CENTER CHARLES R. TYLER, AS TRUSTEE OF | Case No: 30-2015-00765369 THE CHARLES ROBERT TYLER TRUST DATED SEPTEMBER 18, 1996, Assigned for All Purposes to the Honorable Plaintiff, Franz E. Miller vs. BiEeRaREp) JUDGMENT FARZANEH KIANFARD, dba TOWMAN TOWING SERVICE, an individual; ESMAEEL MADANI, dba TOWMAN Tr ial Date: April 20, 2015 TOWING SERVICE, an individual; Ti me: 8:30 am. TOWMAN TOWING, a.k.a. TOWMAN D ept: C14 TOWING SERVICE, business entity of unknown form; TOWMAN TOWING INC,, Date Filed: January 9, 2015 a California corporation; and DOES 1 through 25, inclusive, Defendants. Having heard oral testimony by witnesses and oral arguments made by counsel, and having reviewed the exhibits entered during trial by Plaint iff CHARLES R. TYLER, AS TRUSTEE OF THE CHARLES ROBERT TYLER TRUST DATED SEPTEMBER 18, 1996 ("Plaintiff” or "Charles Tyler Trust"), Defendant FARZ ANEH KIANFARD ("Defendant Kianfard"), dba TOWMAN TOWING SERVICE, Defe ndant ESMAEEL MADANI ("Defendant Madani"), dba TOWMAN TOWING SERVICE, and Defendant TOWMAN TOWING INC. 1 (ExSaER) JUDGMENT - - ("Defendant Towman Towing Inc.") (collec tively, Defendants"), the Court rules as fol lows: IT IS ORDERED AND ADJUDGED that Plain tiff is entitled to immediate possession of the premises located at 551 W. Crowther Avenu e, Placentia, California 92870 against all Defendants and any other occupants. The Court also finds that there is a valid, binding and enforceable lease between Plaintiff, Defendan t Kianfard and Defendant Madani. The Cou rt further finds that Plamtiff performed all of its obligations and duties under the leas e and that Defendants failed to pay rent as set forth in the lease. The holdover term contained in t he lease increasing rent by 50% of the base rent in the event of a holdover by the Defenda nts is neither illegal nor unconscionable, and is in fa ct a commonplace term in commercial leases. The Court agrees with the damages calculations set for th in Exhibit 3, which lists unpaid rent for t he months of December 2014 through Ap ril 2015 in the amount of ten thousand five hundred seventy-one dollars and thirty-four ce nts ($10,571 234) per month, as well a s yarious unpaid late charges and electricity charges. The C ourt further finds that the total damages amount listed in Exhibit 3 as Unpaid Lease Charges is co rrect and therefore awards Plaintiff a ju dgment in the amount of fifty-eight thousand fourteen dollars and fifty-one cents ($58,014.5 1) against Defendant Kianfard and against Defen dant Medani. The Court further fin ds that the damages set forth in Exhibit 3 reflect the reasonable rental value of the property, which is at least that much. The Court also finds that Plaintiff is the prevailing party and is entitled to its atto rneys’ fees against all Defendants and shall submi t a Motion for Attorneys’ Fees and M emorandum of Costs to establish those amounts. IT IS FURTHER ORDERED AND ADJU DGED that Plaintiff is awarded reasonable attorneys’ fees and costs in the amount of $ ). As a result, Plaintiff is awarded: (1) A total amount of 3 iD) for attorneys’ fees and costs plus fift y-eight thousand fourteen dollars and fif ty-one cents ($58,014.51) against Defendant Kianfa rd; t (2) A total amount of ¢ J) 2 [RE=EBeEP] JUDGMENT OV 00 8 YN O N Un A W N = DN ) = ee s [ 8 NN B E R V I R N B E B E B I E « 3 a d 8 6 0 = o for attorneys' fees and costs pius fifty-eight thousand fourteen dollars and fifty-one cents (358,014.51) against Defendant Madani; 3 $ ) for attorneys’ fees and costs against all other Defendants; and, (4) Plaintiff is awarded immediate possession of the premises located at 551 W. Crowther Avenue, Placentia, California 92870 against all Defendants and any other occupants. [ERGZDRE®) JUDGMENT EXHIBIT “B” Judgment May 7, 2015 Principal judgment amount $58,014.51 7/2/15 Cost bill S$ 800.00 9/10/15 Attorney fees $21, 327.00 Total judgment $80, 141.51 Breakdown of funds paid or credits on account towards judgment: $ 7,047.56 security deposit on account (2009) S$ 40.00 Payment from Def at OJD (6/18/15) $18,479.65 Payment from Chase Bank (6/22/2015) $40,000.00 Payment from Defendant (7/1/15) The above payment of $40,000 was made by delivery by five (5) cashier's checks: $5,000.00, $5,000.00, $5,000.00, $4,000.00, $21,000.00 which were delivered to Mr. Marsh's offices on 7/1/15 $ 5,000.00 Payment from Defendant (7/13/15) $13, 535.97 Payment from Auto Club to Mr. Marsh 7/24/15 $14,785.85 Payment from Auto Club to Mr. Marsh 8/20/15 $15, 563.43 Payment from Auto Club to Mr. Marsh 9/6/15 $14,987.52 Payment from Auto Club to Mr. Marsh 9/19/15 Total credits and payments: $129,439.98 Overpayment: $49,298.47 Total of payments from Auto Club to Mr. Marsh $58, 872.77 a -~ T EXHIBIT “C” PETER J. PFUND Attorney at Law 75 MacArthur Court Ste. 550 Newport Beach, CA 92660 Telephone (549) 221-0166 Facsimile (949) 429-3036 Email: peter@peterpfundlaw.com October 19, 2015 Charles R. Tyler, Trustee 551 W. Crowther Ave. Placentia, CA 92708 DEMAND FOR FILING OR DELIVERY OF ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT CCP SECTION 724.050 AND RETURN OF EXCESS FUNDS COLLECTED Dear Sir: This letter is a formal demand to you under CCP section 724.050 that you immediately file an acknowledgment of satisfaction of judgment with the court or that you execute, acknowledge and deliver an acknowledgment of satisfaction of judgment to the person who made the demand. I am required to mail this to you personally and I have sent a copy to your attorney Kermit D. Marsh. IMPORTANT WARNING If this judgment has been satisfied, the law requires that you comply with this demand not later than 15 days after you receive it. If a court proceeding is necessary to compel you to comply with this demand you will be required to pay my reasonable attorney fees in the proceeding if the court determines that the judgment has been satisfied and that you failed to comply with the demand. In addition if the court determines that you failed without just cause to comply with this demand within 15 days allowed, you will be liable for all damages I sustain by reason of such failure and will also forfeit one hundred dollars to me. It is alsc demanded that you immediately pay to the judgment debtors through me all sums owned by the judgment debtor and withheld by you in excess of full judgment amount. If you fail to turn over all money in excess of the judgment than, the judgment debtors will seek damages against you, your lawyer and my clients will seek damages, attorney fees, and costs pursuant to CCP sections 724.070 724.080. EXHIBIT “D” OO 00 FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CENTRAL JUSTICE TERTER KERMIT D. MARSH (SBN 150745) UN 18 20% THE LAW OFFICES OF KERMIT D. MARSH SY ' 9550 Warner Avenue, Suite 250 RLARICARLER. Distuof fg Cove Fountain Valley, California 92708 zl 7 Cran Tel (714) 593-2321 ’ BY 7. LAMM Fax (888) 396-6272 Attorneys for Judgment Creditor CHARLES R. TYLER, AS TRUSTEE OF THE CHARLES ROBERT TYLER TRUST DATED SEPTEMBER 18, 1996 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE CENTRAL JUSTICE CENTER CHARLES R. TYLER, AS TRUSTEE OF Case No: 30-2015-00765369 THE CHARLES ROBERT TYLER TRUST DATED SEPTEMBER 18, 1996, Plaintiff, ORDER FOR DELIVERY OF PROPERTY AFTER EXAMINATION [CCP § 708.205] Vs. FARZANEH KIANFARD, dba TOWMAN | Examination Date: June 18 , 2015 TOWING SERVICE, an individual; Time: 9:00 a.m. ESMAEEL MADANI, dba TOWMAN Dept: C66 TOWING SERVICE, an individual; TOWMAN TOWING, a.k.a. TOWMAN TOWING SERVICE, business entity of unknown form; TOWMAN TOWING INC, a California corporation; and DOES 1 through 23, inclusive, Defendants. The examination of Judgment Debtor Farzaneh Kianfard, dba Towman Towing Servic e ("Judgment Debtor") was conducted on June 18,2015 at 9:00 a.m. It appea rs from said examination that the Judgment Debtor has an interest in property in the possessi on or under the k aka T.AMicsan-chere Ofer OWE control of Cc has € Ban theJudament-Debter$ -. and that said property is not exemp t from 1 ORDER FOR DELIVERY OF PROPERTY AFTER EXAMINATION 4 OO 00 NN O y Wn ITIS ORDERED that Judgment Debtor shall immediately/within __ days of the date of this order deliver to The daw Ode, of Kecmh-D Mersh- Fort tals Qrazy, C County, at 9530 Wevae Ave, Sufi 259, Fova hit Valls, ct California, the Yo cach = A x) , B.A J pes) es) om meu Wl Ronds mT Spun 2d 3 wccavnbh @ Cho< which shall be applied toward satisfaction of the judgment entered herein on May 7, 2015. NOTICE IS HEREBY GIVEN that failure to comply with this order may subject Judgment Debtor to arrest and punishment for Contempt of Court. JUN 182015 Dated: TIMOTHY J. STAFFORD The Honorable Timothy J. Stafford Judge of the Superior Court 2 ORDER FOR DELIVERY OF PROPERTY AFTER EXAMINATION 72 20g FILED SUPERIOR COURT OF CALIFORNS KERMIT D. MARSH (SBN 150745) Colt or ORANGE THE LAW OFFICES OF KERMIT D. MARSH 9550 Warner Avenue, Suite 250 JUN 18 268% Fountain Valley, California 92708 ri al DARLSON, CE 3 We Love Tel (714) 593-2321 Fax (888) 396-6272 Attorneys for Judgment Creditor CHARLES R. TYLER, AS TRUSTEE OF THE CHARLES ROBERT TYLER TRUST DATED SEPTEMBER 18, 1996 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE CENTRAL JUSTICE CENTER CHARLES R. TYLER, AS TRUSTEE OF Case No: 30-2015-00765369 THE CHARLES ROBERT TYLER TRUST DATED SEPTEMBER 18, 1996, Plaintiff, ORDER FOR DELIVERY OF PROPERTY AFTER EXAMINATION [CCP § 708.205} Vs. FARZANEH KIANFARD, dba TOWMAN | Examination Date: June 18, 2015 TOWING SERVICE, an individual; Time: 9:00 a.m. ESMAEEL MADANI, dba TOWMAN Dept: C66 TOWING SERVICE, an individual; TOWMAN TOWING, a.k.a. TOWMAN TOWING SERVICE, business entity of unknown form; TOWMAN TOWING INC,, a California corporation; and DOES 1 through 25, inclusive, Defendants. ag accoun P er {le A To d, a Debtor - Te A>. The examination of Judgment Dgbtor Farzaneh Kianfard, dba Towman Towing Service ("Judgment Debtor") was conducted/6n June 18, 2015 at 9:00 a.m. It appears from said examination that the Judgment Dgbtor has an interest in property in the possession or under the control of A A 4 - Aacrk male Aosoelntbor