Law office of Jeffrey S. Dawson, A Professional Corporation vs. Marla I. Munding

Motion - Other

Cal. Super. - 4th Dist.May 8, 2015

o O © 0 N N oO o O o H h 0 N N = N O N N D N D N D D N N N DN DN N N 2 A A A A Q Q @ 2 a 4 a « a « a 0 N O O O o A W N A O © N O a h , W w N = LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation Jeffrey S. Dawson - SBN 147847 Mary Luetto Nichols - SBN 152614 9841 Irvine Center Drive, Suite 210 Irvine, CA 92618 Tel: (949) 861-2191 Fax: (949) 861-2190 Attorneys for Plaintiffs LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and CHAMBERS, NORONHA & KUBOTA SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE, CENTRAL JUSTICE CENTER LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and CHAMBERS, NORONHA & KUBOTA, Plaintiffs, V. MARLA |. MUNDING; BRADLEY C. SHAPERO, D.C., an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER; MORLAB PARTNERS, INC. dba OPEN ADVANTAGE MRI II; OASIS MANAGEMENT GROUP, INC. dba OASIS WELLNESS CENTER; CROWN VALLEY IMAGING, LLC; SOUTH COUNTY AQUATIC AND PHYSICAL THERAPY CENTER, INC. dba SOUTH COUNTY ATHLETIC & PHYSICAL THERAPY CENTER, INC., and DOES 1 through 200, inclusive, Defendants. CASE NO. 30-2015-00786645-CL-MC-CJC Pending Hearing Dates: Case Management Conference: 05/31/16 at 1:30 p.m. in Dept. C3 Limited Civil Action Filed 05/08/15 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER DATE: June 30, 2016 TIME: 9:30 a.m. DEPT: C-3 TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD: NOTICE IS HEREBY GIVEN that on June 30, 2016 at 9:30 a.m., or as soon thereafter as this matter may be heard in Department C3 of the Superior Court ofCalifornia, County of Orange, Central Justice Center, located at 700 Civic Center DriveWest, Santa Ana, CA 92701, Plaintiffs LAW OFFICE OF JEFFREY S. DAWSON, A1NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTSAND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER © 0 0 N N o O O o h h W w N N = N O N N D N D N D N N N N N D D N A& A A A Q Q Q Q 4 a A a « a a 2 0 ~ N O O BN A W N 2 O O © 0 0 o N O O a b~ A W w N ~ ~ O O Professional Corporation, and CHAMBERS, NORONHA & KUBOTA will move the Court for the following orders: 1. For an order that Plaintiffs LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and CHAMBERS, NORONHA & KUBOTA, moving parties, deposit with the Clerk of the Court the following property that is the subject matter of this action: The sum of $3,117.40 from the Judgment rendered in Defendant MARLA |. MUNDING's personal injury claim arising out of the motor vehicle accident of May 30, 2011, less the sum of $3,117.40 to be applied to the approximate amount of $14,635.31 in legal costs and reasonable attorney fees incurred by Plaintiffs related to these proceedings. 2. For an order that upon making such deposit and/or offering to deposit the Interpleader funds less attorneys fees and costs, Plaintiffs/Moving Parties LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and CHAMBERS, NORONHA & KUBOTA be discharged from any furtherliability to any party to this action or to any other claimants not currently parties to this action relating to the judgment funds so deposited and be dismissed, with prejudice, from the action entitled Law Office ofJeffrey S. Dawson, A Professional Corporation v. Marla |. Munding, et al., Orange County Superior Court Case No. 30-2015-00786645-CL-MC-CJC. 3. That the medicalliens of Defendants in Default BRADLEY C. SHAPERO, D.C., an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER; MORLAB PARTNERS, INC. dba OPEN ADVANTAGE MRI II; OASIS MANAGEMENT GROUP, INC. dba OASIS WELLNESS CENTER; CROWN VALLEY IMAGING,LLC; and SOUTH COUNTY AQUATIC AND PHYSICAL THERAPY CENTER, INC. dba SOUTH COUNTY ATHLETIC & PHYSICAL THERAPY CENTER, INC., for medical treatment rendered to MARLA |. MUNDING as a result of the May 30, 2011 accident, be deemed extinguished such that no sums of money are due to Defendants BRADLEY C. SHAPERO, D.C. an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER; MORLAB PARTNERS, INC. dba OPEN ADVANTAGE 2 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER © © 0 N N O O O a ~ ~ O N = N O N O N N D N D N D N N N N N D 2 A A 4 A A « a 4 a a « a « a « a 0 ~ N O O O A W N 2 O O O O 0 0 N O O o P W N = > MRI II; OASIS MANAGEMENT GROUP, INC. dba OASIS WELLNESS CENTER; CROWN VALLEY IMAGING, LLC; and SOUTH COUNTY AQUATIC AND PHYSICAL THERAPY CENTER, INC. dba SOUTH COUNTY ATHLETIC & PHYSICAL THERAPY CENTER, INC. from Plaintiff LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and/or from Defendant MARLA I. MUNDING, and/or any other person and/or entity, whether a party to this action or not. 4. For a final formal and permanent order enjoining all parties from filing further and/or additional lawsuits and/or claims relating to and/or arising from the same general facts and circumstances, namely the motor vehicle accident of May 30, 2011 involving Defendant MARLA I. MUNDING, as well as the medical treatment rendered to Defendant MARLA |. MUNDING by Defendants BRADLEY C. SHAPERO, D.C., an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER; MORLAB PARTNERS, INC. dba OPEN ADVANTAGE MRIII; OASIS MANAGEMENT GROUP, INC. dba OASIS WELLNESS CENTER; CROWN VALLEY IMAGING, LLC; and SOUTH COUNTY AQUATIC AND PHYSICAL THERAPY CENTER, INC. dba SOUTH COUNTY ATHLETIC & PHYSICAL THERAPY CENTER, INC.for injuries sustained in said accident; the jury verdict and judgment entered in said personal injury claim by Plaintiffs LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and CHAMBERS, NORONHA& KUBOTA as attorneys for Defendant MARLA |. MUNDING,;the medicalliens of Defendants; the disbursementof said settlement funds; and the $3,117.40 held in trust and which is the subject of the INTERPLEADER ACTION. This motion is made pursuant to Code of Civil Procedure, Section 386, 386.5, and 386.6 on the grounds that the moving party, Plaintiffs LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and CHAMBERS, NORONHA & KUBOTA are stakeholders only, and have no interest in the remaining settlement funds of $3,117.40, other than for attorneys fees and costs incurred in the related interpleader action; due to multiple claims made against said funds and the fact that the moving parties cannot determine the validity of the conflicting demands that have been made on the disputed 3 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER O O © 0 0 N N O O 0 a ~ ~ W O N = N O N N D N D N N N D D N N N N N 2 A A O Q a Q Q a 2 a 4 a a « a 0 ~ N O O O B A W N A O © 0 0 N O O O O b h w N = funds; and moving parties are willing to deposit said disputed funds with the Court and/or maintain said funds of $3,117.40 in separate trust for distribution per order of the Court; and that the moving party has incurred costs and attorney fees in the approximate amount of $14,635.31 related to the interpleader proceeding. This motion is based upon this notice, the attached memorandum of points and authorities, exhibits, and Declaration of Jeffrey S. Dawson in support of said motion, the files and recordsin this action, and any further evidence and argument that the Court may receive at or before the hearing on this motion. DATED: May 31, 2016 LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation J Attorneys for Plaintiffs LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and CHAMBERS, NORONHA & KUBOTA 4 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER O o © 0 0 ~ N O O O o A h W w N N = N O N N N N D N D N N N D M N N D 2 A A Q Q 2 a 4 a A a « a « a 0 ~ N o O o A W N 2 O O © 0 0 N O o a b h W w N = MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DEPOSIT INTERPLEADER OF FUNDS; REQUEST FOR DISCHARGE OF LIABILITY AND ENJOINDER OF FURTHER ACTIONS, AND RECOVERY OF ATTORNEYS’ FEES AND COSTS (Code of Civil Procedure §§ 386, 386.5, 386.6) 5 INTRODUCTION This Interpleader action arising out of a motor vehicle accident that occurred on May 30, 2011 in Mission Viejo involving Defendant MARLA |. MUNDING (Plaintiff in the underlying action), who was rearended by Peter Micciche (Defendant in underlying action), starting a four car chain reaction accident. The Orange County Sheriff's Department determined that Peter Micciche was the primary collision factor involving in this accident due to his violation of California Vehicle Code, Section 22350 - unsafe speed fortraffic conditions. Ms. Munding’s vehicle sustained extensive damage and was deemed a total loss, with a total loss payout of $13,606.35. Marla Munding suffered painful and serious injuries and incurred medical specials in the sum of $17,690.88. On May 19, 2014, a jury trial commenced in the above matter. Liability was not disputed, but Allstate's defense was focused on the nature and extent of the injuries Ms. Munding claimed to have suffered from this rear end traffic collision. The defense also had a medical expert argued that the amount of Ms. Munding’s medical visits and bills were excessive. The jury returned a verdict of $17,000.00, plus legal costs, and judgment was entered on June 26, 2014. The sum of $2,103.50 was recovered for costs under California law, for a total recovery of $19,103.50. After payment of attorneys fees and legal costs in prosecuting the underlying civil action through verdict byjury trial, the sum of $3,117.40 remained available to be distributed to medical providers holding liens totaling $17,420.88. Plaintiffs herein, Law Office of Jeffrey S. Dawson and Chambers, Noronha & Kubota, were Marla Munding’s legal counsel in the underlying case. Plaintiffs attempted to resolve the competing interests of the medical providers by offering each medical provider a pro-rata share of the $3,117.40 in funds recovered from the jury verdict. One medical provider, namely Defendant herein BRADLEY C. SHAPERO, D.C., an individual 1 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER © 0 0 N N o O O o h h W w N N = N O N N D N N N N N D N D N N 2 A Q 4 A 4 a 4 a a a a a 0 ~ N O O N A W N a A O O O W o N o O o p r , O N = ~ O o and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER,refused to accept a pro-rata share of the settlement towards payment of his medical lien. Said individual Defendant hired an attorney who prolonged negotiations and ultimately demanded interpleaderofthe remaining funds in the sum of $3,117.40 despite the fact that the pro rata offer WAS NOT conditioned upon satisfaction of said Defendant's account. [See EXHIBIT 1 — a true and correct copy ofthe offer and rejection]. All other Defendants accepted the pro-rata offers. Thus, Plaintiff was unable to distribute the remaining funds of $3,117.40 and was forced to file this interpleader actions due to the unjustified and unreasonable actions of this single Defendant BRADLEY C. SHAPERO, D.C., an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER. On or about February 18, 2015, Plaintiff placed the disputed $3,117.40 of funds recovered for Ms. Munding in a separate interest bearing trust account to preserve and protect said funds pending resolution of the dispute as to the rightful ownership of said funds. [See EXHIBIT 2 - Wells Fargo Bank Statements for the deposited funds]. On or about May 8, 2015, Plaintiffs LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and CHAMBERS, NORONHA & KUBOTA filed the instant Complaint in Interpleader. The Summons and Complaint were served on Defendants MORLAB PARTNERS, INC. dba OPEN ADVANTAGE MRIII; OASIS MANAGEMENT GROUP, INC. dba OASIS WELLNESS CENTER; CROWN VALLEY IMAGING, LLC; and SOUTH COUNTY AQUATIC AND PHYSICAL THERAPY CENTER, INC. dba SOUTH COUNTY ATHLETIC & PHYSICAL THERAPY CENTER, INC. by mail with Notice and Acknowledgment of Receipt. Each of these defendants signed the Notice and Acknowledgment of Receipt and returned the signed Notice and Acknowledgment to Plaintiff's office. Defendant BRADLEY C. SHAPERO, D.C., an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER, refused to sign the Notice and Acknowledgment of Receipt. Thereafter, said Defendant was personally served with the Summons and Complaint on June 16, 2015. 2 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER o O © 0 0 N N oO o O o h W N = N O N N N N N N D N D N N N N 2 4 A 4 a Q Q @Q @ a « a « a «4 a « a 0 ~ N o O O D A W N A O © o N o o o a H A W N = No service was effected on Defendant MARLA |. MUNDING (plaintiff in the underlying action), who has apparently moved out of the country and hasfailed to respond to any of Plaintiffs’ efforts to communicate with her, despite attempting service of the Summon and Complaint by e-mail and U.S. Mail at her last known addresses. Despite multiple phone calls made to Ms. MUNDING, Plaintiffs cannot currently make contact with Ms. MUNDING and do not have a current residence address, but believe she is living in Central America, possibly in Guatemala. The time elapsed for each medical provider defendant/lienholderto file its Answer to this Interpleader action. No defendant filed an Answer and, as the time for filing responsive pleadings elapsed, Plaintiffs requested entry ofdefault of each medical provider defendant. Plaintiffs have appeared at several Case Management Conference for this Interpleader Action, but there have been no appearances by any defendants, nor have any defendants taken any steps to set aside the Defaults herein. Thus, it was necessary to bring this motion for an order allowing Plaintiffs to interplead the disputed funds in the sum of $3,117.40; that Plaintiffs be discharged from any furtherliability arising out of this matter; and for an award to Plaintiffs for attorneys fees and costs in the sum of $3,117.40 incurred in the pursuit of this Interpleader action. Actual attorneys fees and costs incurred in this action is the approximate sum of $14,635.31 and continuing, as set forth in the Declaration of Jeffrey S. Dawson, attached hereto and incorporated herein by reference. Plaintiff LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, seeks the following orders: 1s For an order that Plaintiff LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, moving party, deposit with the Clerk of the Court OR maintain in separate trust the following property that is the subject matter of this action: The sum of $3,117.40 from the jury verdict and judgment entered in Defendant MARLA I. MUNDING's personal injury claim arising out of the motor vehicle accident of May 30, 3 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER — - © © 0 0 N N O o o A W w NW N 2011, less the sum of $3,117.40 towards reimbursement of the legal costs and reasonable attorney fees incurred by Plaintiff related to the interpleader action, as set forth in the Declaration of Jeffrey S. Dawson, attached hereto and incorporated herein by reference. 2 For an order that upon making such deposit and/or offering to deposit the Interpleader funds less attorneys fees and costs, Plaintiffs/Moving Parties LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and CHAMBERS, NORONHA & KUBOTA be discharged from any furtherliability to any party to this action or to any other claimants not currently parties to this action relating to the settlement funds so deposited and be dismissed, with prejudice, from the case entitled Law Office of Jeffrey S. Dawson, A Professional Corporation, et al. v. Marla I. Munding, et al., Orange County Superior Court Case No. 30-2015-007866645-CL-MC-CJC [the “INTERPLEADER ACTION] a That the medical liens of Defendants BRADLEY C. SHAPERO, D.C,, an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER; MORLAB PARTNERS, INC. dba OPEN ADVANTAGE MRI II; OASIS MANAGEMENT GROUP, INC. dba OASIS WELLNESS CENTER; CROWN VALLEY IMAGING, LLC; and SOUTH COUNTY AQUATIC AND PHYSICAL THERAPY CENTER, INC. dba SOUTH COUNTY ATHLETIC & PHYSICAL THERAPY CENTER, INC. be deemed extinguished such that no sums of money are due to Defendants BRADLEY C. SHAPERO, D.C, an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER; MORLAB PARTNERS, INC. dba OPEN ADVANTAGE MRI II; OASIS MANAGEMENT GROUP, INC. dba OASIS WELLNESS CENTER; CROWN VALLEY IMAGING, LLC; and SOUTH COUNTY AQUATIC AND PHYSICAL THERAPY CENTER, INC. dba SOUTH COUNTY ATHLETIC & PHYSICAL THERAPY CENTER, INC. for medical treatment rendered to Defendant MARLA |. MUNDING by Defendants SHAPERO, et al. from Plaintiffs LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and CHAMBER, NORONHA & KUBOTA and/or from Defendant MARLA |. MUNDING, and/or any other person and/or entity, whether a party to this action or not. 1H 4 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER © 0 0 ~ N o O 0 a b h O N = N O N N D N D N D N N N D N N A A Q A Q Q a A Q Q a a « a o a 0 ~ N O O N A W N A A O © o N o O g h d W N = ~ O o 4. For a final formal and permanent order enjoining all parties from filing further and/or additional lawsuits and/or claims relating to and/or arising from the same general facts and circumstances, namely the motor vehicle accident of May 30, 2011 involving Defendant MARLA I. MUNDING,as well as the medical treatment rendered to Defendant MARLA |. MUNDING by Defendants BRADLEY C. SHAPERO, D.C., an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER; MORLAB PARTNERS, INC. dba OPEN ADVANTAGE MRIII; OASIS MANAGEMENT GROUP, INC. dba OASIS WELLNESS CENTER; CROWN VALLEY IMAGING, LLC; and SOUTH COUNTY AQUATIC AND PHYSICAL THERAPY CENTER, INC. dba SOUTH COUNTY ATHLETIC & PHYSICAL THERAPY CENTER, INC.for injuries sustained in said accident; the jury verdict and judgment in the personal injury claim by Plaintiffs LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and CHAMBERS, NORONHA & KUBOTA as attorneys for Defendant MARLA |. MUNDING; the medicallien of Defendants BRADLEY C. SHAPERO, D.C., an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER; MORLAB PARTNERS, INC. dba OPEN ADVANTAGE MRI II; OASIS MANAGEMENT GROUP, INC. dba OASIS WELLNESS CENTER; CROWN VALLEY IMAGING, LLC; and SOUTH COUNTY AQUATIC AND PHYSICAL THERAPY CENTER, INC. dba SOUTH COUNTY ATHLETIC & PHYSICAL THERAPY CENTER, INC.; the disbursement of said funds recovered from said jury verdict and judgment; and the $3,117.40 held in trust and whichis the subject of the INTERPLEADER ACTION. 1 THE COURTMAYGRANT LEAVE TO INTERPLEAD FUNDS, DISCHARGE PLAINTIFF FROM LIABILITY AND DISMISS IT FROM THIS CASE. Under Code of Civil Procedure, Section 386(b), interpleader is proper whenever “double or multiple claims are asserted . . . by two or more persons. . . such that they may expose(the person againstwhom the claims are asserted) ... to double or multiple liability.” Code of Civil Procedure, Section 386.5 further provides that, upon notice to the parties, where the only relief sought is monetary and where conflicting demands have been 5 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER o O © 0 0 N N o O O a ~ ~ W w N = N O N N N N N N N D N N D N N N N 2» &° A A A Q Q Q a 2 a a « a « a 0 N N O O O A W N A O © 0 0 N o O g b ~ A O N = presented, the court may discharge the stakeholder from liability after depositing the amount in dispute with the clerk. Defendants BRADLEY C. SHAPERO, D.C., an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER; MORLAB PARTNERS, INC. dba OPEN ADVANTAGE MRI Il; OASIS MANAGEMENT GROUP, INC. dba OASIS WELLNESS CENTER; CROWN VALLEY IMAGING, LLC; and SOUTH COUNTY AQUATIC AND PHYSICAL THERAPY CENTER, INC. dba SOUTH COUNTY ATHLETIC & PHYSICAL THERAPY CENTER, INC. have provided billing statements for services rendered to Defendant MARLA |. MUNDING in the total sum of $17,420.88 for chiropractic therapy, MRI scans, neurosurgical evaluations, and physical therapy, which amount exceeds the full amount recovered from the jury verdict/judgment, after payment of attorneys fees and costs. Since entry of judgment in the underlying claim on behalf of Defendant MARLA |. MUNDING, there has arisen a dispute between Defendant MARLA |. MUNDING and Defendants BRADLEY C. SHAPERO, D.C., an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER; MORLAB PARTNERS, INC. dba OPEN ADVANTAGE MRI Il; OASIS MANAGEMENT GROUP, INC. dba OASIS WELLNESS CENTER; CROWN VALLEY IMAGING, LLC; and SOUTH COUNTY AQUATIC AND PHYSICAL THERAPY CENTER, INC. dba SOUTH COUNTY ATHLETIC & PHYSICAL THERAPY CENTER, INC. regarding the amount due and owing as well as whether each medical provider would accept a pro-rata portion of the remaining funds recovered as a partial payment of the medical liens. Although Plaintiffs LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and CHAMBERS, NORONHA & KUBOTA attempted to negotiate with the Defendant Medical Providers regarding all lienholders accepting a pro-rata portion ofthe remaining funds, Defendant SHAPERO refused to agree to such a plan, thus it was impossible for Plaintiffs to pay any of the medical liens due to insufficient funds recovered from trial in the underlying action. I 6 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER © 0 0 ~ N o O O o A A W w N N = N O N N D N N N D N D N M N M D N A Q 4 a 4 A ‘a A A a @ @ « a « a « a 4 0 ~ N o O O A W N A O O W o N o O 0 a M A » W w N -= s O o The jury verdict was unfortunately so low that not enough funds were recovered on behalf of Defendant MARLA 1. MUNDING to satisfy all medical liens. Plaintiffs expended significant time and effort, and invested significant funds in the litigation and trial of this action, but the jury did not return a verdict that would satisfy all of the medical providers. Plaintiffs attempted to make a fair and reasonable pro-rata distribution of the remaining funds recovered from the judgment entered in the underlying case, but was unable to due to the unreasonable rejection of the pro-rata offer by Defendant BRADLEY C. SHAPERO, D.C., an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER and demand that the remaining disputed funds be interplead with this court [See EXHIBIT 1]. Thus, Plaintiffs were compelled to file this Interpleader action and spend more time and money to prosecute the interpleader action. Unfortunately, although Dr. Shapero demanded that the disputed funds be interplead, Dr. Shapero failed to respond to the Summons and Complaint and his default has been entered. Further, more than six months have elapsed since the entry of Dr. Shapero’s default, as well as the defaults of all other medical provider defendants, and no action has been taken to set aside set defaults. Defendant MARLA MUNDING appears to have abandoned her claim to the disputed funds The remaining funds obtained from the judgmentin the underlying case of Marla Munding v. Peter Micciche,et al. in the sum of $3,117.40 for the Medical Providers Liens are currently being held in an interest bearing trust account due to conflicting claimsto said funds. See EXHIBIT 2 (Wells Fargo Statement). Because moving party has met the substantive requirements of Code of Civil Procedure § 386 and the standing requirements of Code of Civil Procedure § 386.5, Plaintiffs’ requestto interplead the disputed funds and that the court discharge it from any furtherliability to any person,either currently a party or non-party to this action, and dismiss it from these related actions upon deposit of those funds with the court and/or offer to deposit the disputed funds, less attorneys fees and costs, should be granted. i 7 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER © © 0 0 N N oO o O o A A W N = N O N N D N D N D N N N D N N 2 a A a A a A a « a 4 a 4 a « a a 0 ~ N O O D A W N A O © 0 N N o O o h h W w N = Further, Plaintiffs request that this Court deem the medical liens of Defendants BRADLEY C. SHAPERO, D.C., an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER; MORLAB PARTNERS, INC. dba OPEN ADVANTAGE MRI II; OASIS MANAGEMENT GROUP, INC. dba OASIS WELLNESS CENTER, CROWN VALLEY IMAGING, LLC; and SOUTH COUNTY AQUATIC AND PHYSICAL THERAPY CENTER, INC. dba SOUTH COUNTY ATHLETIC & PHYSICAL THERAPY CENTER, INC. for medical treatment rendered to MARLA |. MUNDING be deemed extinguished due to the Medical Lien Defendants’ default and refusal to participate in this Interpleader Action. Defendant SHAPERO'’s unreasonable and unjustified refusal to agree to the pro-rata distribution of the remaining funds and demand that the funds be interpleaded has simply served to waste all parties’ and the Court's time and money. Unfortunately, the unreasonable and unjustified actions this single Defendant has completely depleted and exhausted the Interpleader funds by compelling Plaintiff to engage in significant expenditures of attorney time and money,all of which are recoverable to Plaintiff under C.C.P. §§386 and 386.6. 2, THE COURT HAS THE POWERTO ENJOIN THE PARTIES FROM FILING FURTHERAND/OR ADDITIONAL LAWSUITARISING OUT OF THE SAME GENERAL FACTS AND CIRCUMSTANCES. Plaintiffs have requested, upon granting of this motion, that Plaintiffs be dismissed, with prejudice, from this action. Without a final, permanent order enjoining further action, it is probable and entirely likely that Defendants BRADLEY C. SHAPERO, D.C., an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER; MORLAB PARTNERS,INC. dba OPEN ADVANTAGE MRI II; OASIS MANAGEMENT GROUP, INC. dba OASIS WELLNESS CENTER; CROWN VALLEY IMAGING, LLC; and SOUTH COUNTY AQUATIC AND PHYSICAL THERAPY CENTER,INC. dba SOUTH COUNTY ATHLETIC & PHYSICAL THERAPY CENTER, INC. mayfile further and/or additional lawsuits against Plaintiffs LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and 8 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER © 0 0 N N o o o h W w N N = N N N N D N D N D N N N D N 2& 2 2 A a a a a a a A a 4 0 ~ N o O a A W N 2 O O © 0 N o a h h W w N N = O o CHAMBERS, NORONHA & KUBOTA and/or Defendant MARLA |. MUNDING arising out of the same facts and circumstances. The court has the powerto issue such order pursuant to Code of Civil Procedure. Section 526(a)(6): “(a) An injunction may be granted in the following cases: (1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. (3) When it appears, during the litigation, that a party to the action is doing, or threatens,oris about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual. (4) When pecuniary compensation would not afford adequate relief. (5) Where it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief. (6) Where the restraint is necessary to prevent a multiplicity of judicial proceedings.” It is appears necessary to Plaintiffs that this Court enter a final, permanent order enjoining further suits and/or claims arising out the facts and circumstances giving rise to this Interpleader action. 3. THE COURT MAY AWARD MOVING PARTY ITS REASONABLE ATTORNEYS' FEES AND COSTS. Under Code of Civ. Proc. § 386.6(a), a party seeking to interplead funds may recover reasonable attorneys’ fees and costs, and the court, in its discretion in ordering the discharge of that party, may award those fees from the amountin dispute that has been deposited with the court. [Messerall v. Fulwider, 199 Cal. App. 3d 1324, 245 Cal. Rptr. 548 (3d Dist. 1988), reh'g denied and opinion modified, (Apr. 26, 1988) (fees within court's discretion).] The fees sought must be limited to those incurred only in pursuit of the stakeholder's remedy, including fees incurred to overcome resistance to the remedy. [See 9 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER o O © 0 0 N O O 0 a b h O N = N O N N N N N N N N D N D N N ~ ~ A Q A Q Q A < Q Q Q a « a a o a 0 ~ N o O o N W N A O © o N O O O a A W N = Sweeney v. McClaran, 58 Cal. App. 3d 824, 830, 130 Cal. Rptr. 205 (3d. Dist. 1976) (award of attorneys’ fees reversed where some of fees claimed incurred on causes of action other than interpleader).] In the current action, Plaintiffs attempted to resolve the lien issue of the medical providers, Defendants BRADLEY C. SHAPERO, D.C., an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER; MORLAB PARTNERS, INC. dba OPEN ADVANTAGE MRI ll; OASIS MANAGEMENT GROUP, INC. dba OASIS WELLNESS CENTER; CROWN VALLEY IMAGING, LLC; and SOUTH COUNTY AQUATIC AND PHYSICAL THERAPY CENTER, INC. dba SOUTH COUNTY ATHLETIC & PHYSICAL THERAPY CENTER, INC., informally and by payment to each lienholder of a pro rata share of the remaining funds from the judgment, but to no avail. Upon breakdown of settlement negotiations, Plaintiffs LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and CHAMBERS, NORONHA& KUBOTA filed and served the subjectINTERPLEADER ACTION. Upon the medical provider defendants’failure to timely respond to the INTERPLEADER ACTION, Requests for Entry of Default were filed as to each medical provider defendant. More than six (6) months has elapsed since the Defaults were entered as to each medical provider defendant and no efforts have been made to have the defaults set aside. In the INTERPLEADER ACTION, Plaintiff has made a request for an award of attorneys fees and costs associated with the filing and litigation of this INTERPLEADER ACTION. In this Motion, Plaintiffs have shown that they have expended in excess of $14,635.31 in attorneys fees and costs in attempting to bring this dispute to a resolution and requested that Plaintiffs be paid the sum of $3,117.40 from the disputed funds towards Plaintiff's outstanding attorneys fees and costs. Plaintiff's requested Attorneys Fees and costs of litigation in the sum of $14,635.31 are setforth in further detail in the Declaration of Jeffrey S. Dawson, which is attached hereto and incorporated herein by reference. Pursuant to Code of Civil Procedure, Section 386.6, moving party is entitled to recover reasonable attorneys’ fees and costs. 10 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER O o © 0 0 N N O O o h h W w N = N O N N D N D N D N D N N N N N N 2 a A A a Q Q Q Q @ « a « a « a 0 ~ N O O BR A W N A O © 0 N O O O o B A N 4. CONCLUSION. In view of the foregoing authorities and facts,it is respectfully requested that the Court enter an order granting the following: B- For an order that Plaintiffs LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and CHAMBERS, NORONHA & KUBOTA, moving parties, deposit with the Clerk of the Court the following property that is the subject matter of this action: The sum of $3,117.40 from the settlement of Defendant MARLA |. MUNDING’s personal injury claim arising out of the motor vehicle accident of May 30, 2011, less the sum of $3,117.40 to be applied to the $14,635.31 in legal costs and reasonable attorney fees incurred by Plaintiffs related to these proceedings. 2. For an order that upon making such deposit and/or offering to deposit the Interpleader funds less attorneys fees and costs, Plaintiffs/Moving Parties LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and CHAMBERS, NORONHA & KUBOTA be discharged from any furtherliability to any party to this action or to any other claimants not currently parties to this action relating to the settlement funds so deposited and be dismissed, with prejudice, from the action entitled Law Office ofJeffrey S. Dawson, A Professional Corporation v. Marla I. Munding, et al., Orange County Superior Court Case No. 30-2015-00786645-CL-MC-CJC. 3. That the medical liens of Defendants in Default BRADLEY C. SHAPERO, D.C., an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER; MORLAB PARTNERS, INC. dba OPEN ADVANTAGE MRI II; OASIS MANAGEMENT GROUP, INC. dba OASIS WELLNESS CENTER; CROWN VALLEY IMAGING, LLC; and SOUTH COUNTY AQUATIC AND PHYSICAL THERAPY CENTER, INC. dba SOUTH COUNTY ATHLETIC & PHYSICAL THERAPY CENTER, INC., for medical treatment rendered to MARLA |. MUNDING as a result of the May 30, 2011 accident, be deemed .extinguished such that no sums of money are due to Defendants BRADLEY C. SHAPERO, D.C., an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER; MORLAB PARTNERS, INC. dba OPEN ADVANTAGE 11 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER o O © O o N N O o o a A w u N N = N O N N D N N N D N D N D N D N N A& A A @a ma Q Q @ a a a a « a 0 ~ N O O o R W N 2 O O © 0 N o O O o ~ ~ D N = MRI II; OASIS MANAGEMENT GROUP, INC. dba OASIS WELLNESS CENTER; CROWN VALLEY IMAGING, LLC; and SOUTH COUNTY AQUATIC AND PHYSICAL THERAPY CENTER, INC. dba SOUTH COUNTY ATHLETIC & PHYSICAL THERAPY CENTER,INC. from Plaintiff LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and/or from Defendant MARLA |. MUNDING,and/or any other person and/or entity, whether a party to this action or not. 4. For a final formal and permanent order enjoining all parties from filing further and/or additional lawsuits and/or claims relating to and/or arising from the same general facts and circumstances, namely the motor vehicle accident of May 30, 2011 involving Defendant MARLA |. MUNDING,as well as the medical treatment rendered to Defendant MARLA |. MUNDING by Defendants BRADLEY C. SHAPERO, D.C., an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER; MORLAB PARTNERS, INC. dba OPEN ADVANTAGE MRI II; OASIS MANAGEMENT GROUP,INC. dba OASIS WELLNESS CENTER; CROWN VALLEY IMAGING, LLC; and SOUTH COUNTY AQUATIC AND PHYSICAL THERAPY CENTER, INC. dba SOUTH COUNTY ATHLETIC & PHYSICAL THERAPY CENTER, INC.for injuries sustained in said accident; the settlement of said personalinjury claim by Plaintiffs LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and CHAMBERS, NORONHA & KUBOTA as attorneys for Defendant MARLA |. MUNDING; the medical liens of Defendants; the disbursement of said settlement funds; and the $3,117.40 held in trust and which is the subject of the INTERPLEADER ACTION. DATED: May 31, 2016 LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation By: 243 Y STDAWSON - ARY LUETTO NICHOLS Attorneys for Plaintiffs LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and CHAMBERS, NORONHA & KUBOTA 12 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER © 0 0 N N o O a b h O N = N O N N D N N N D N D N D N N A A [ A Q A @ @ 4 a «4 a a a « a 0 ~ N O O B A W N A O © 0 0 N O O o h W N = ~ O o DECLARATION OF JEFFREY S. DAWSON I, JEFFREY S. DAWSON, declare as follows: 1. | am an attorney at law duly licensed to practice law before all the Courts of the State of California and am the principal of the Law Office of Jeffrey S. Dawson, A Professional Corporation, plaintiff herein. | make this declaration in support of Plaintiffs LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and CHAMBER, NORONHA & KUBOTA’s Motion for Order Discharging Stakeholder and For Related Orders. The information contained in this Declaration is of my own personal knowledge and, if called as a witness, | could and would competently testify as follows: Z. This Interpleader action arises out of a personal injury claim relating to a May 30, 2011 accident involving Defendant MARLA |. MUNDING (Plaintiff in the underlying action), who was rearended by Peter Micciche (Defendant in underlying action). This matter proceeded to Trial in May 2014 and resulted in a jury verdict of $17,000.00, plus legally recovered costs of $2,103.50. The jury verdict/judgment was paid and, after payment of attorneys fees and costs, the sum of $3,117.40 remained available to be distributed to medical providers holding liens totaling $17,420.88. 3. Gary Chambers and | attempted to resolve the competing interests of the medical providers by offering each medical provider a pro-rata share of the $3,117.40 in funds recovered from the jury verdict. One medical provider, namely Defendant herein BRADLEY C. SHAPERO, D.C., an individual and doing business as PREMIER HEALTH CARE CHIROPRACTIC CENTER, refused to accept a pro-rata share of the settlement towards payment of his medical lien and demanded interpleader of the remaining funds in the sum of $3,117.40. Attached as EXHIBIT 1 are true and correct copies of the settlementoffer letter and one e-mail sent to Defendant Dr. Shapero regarding the pro-rata settlement offer, along with Dr. Shapero’s rejection of the office and demand for interpleader of the disputed funds. Thus, Plaintiff was unable to resolve any of the medical liens due to insufficient funds due to the very low jury verdict obtained after trial. I 13 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER © © © N N oO o a A p O N = N O N N D N D N D N N DN DN N M D N A & 4 A A a 4 a 4 a A Q @ « a « a « a 0 N O O N A N W N A O O W N O h w 4. On or about February 18, 2015, | placed the $3,117.40 in disputed funds in a separate interest bearing trust account at Wells Fargo Bank to preserve and protect said funds pending resolution of the dispute as to the rightful ownership of said funds. [See EXHIBIT 2 - Wells Fargo Bank Statement for the deposited funds]. a In our attempts to distribute the remaining funds to the medical providers on a pro rata basis, all medical providers were agreeable to the plan except Bradley Shapero, D.C., who refused the offer and demanded that the remaining funds be interpleaded. 6. Due to the breakdown of the settlement negotiations with the medical providers, | was unable to resolve the competing medical providers’ liens, which totaled $17,420.88, as there was only $3,117.40 remaining of the jury verdict after payment of attorneys fees and costs. Fo On or about May 8, 2015,| filed the instant Interpleader Action on behalf of Plaintiffs LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and CHAMBERS, NORONHA & KUBOTA. 8. All medical provider defendants were served and, due to their failure to file timely responses to the Interpleader Action, the defaults of each medical provider defendant was entered by this Court. More than six (6) months has elapsed since the entry of each medical provider defendant's default and none of the medical provider defendants have taken any steps to have the defaults set aside. 9. No service was effected on Defendant MARLA |. MUNDING (plaintiff in the underlying action), who has apparently moved out of the country and has failed to respond to any of my efforts to communicate with her, despite attempting service of the Summon and Complaint by e-mail and U.S. Mail at the last known addresses for Ms. MUNDING. 10. Despite multiple phone calls made from my office to Ms. MUNDING,| have been unable to make contact with Ms. MUNDING and do not have a current residence address, but believe she is living in Central America, possibly in Guatemala. mn mn 14 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER © 0 0 N N o O O o H h W O N = — _ o 1A 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. Due to my inability to resolve the dispute as to the remaining funds of $3,117.40, | brought this motion for an order allowing the disputed funds to be interplead; that Plaintiffs be discharged from any furtherliability arising out of this matter; that the medical liens of all medical provider defendants be deemed extinguished; and for an award to Chambers, Noronha & Kubota and my office for attorneys fees and costs in the sum of $ 14,635.31 incurred in the pursuit of this Interpleader action. 12. | am seeking an award of attorneys fees and costs expended in attempting to resolve this lien dispute and filing and prosecution of this Interpleader Action. | have expended in excess of 38 hours in lien negotiations,filing of the interpleader action, service of defendants with the Interpleader Action, requesting entry of defaults as to all medical provider defendants, writing letters and e-mails to the Defendants herein, and ultimately preparing for and appearing at the hearing on this motion. My usual and customary hourly billing rate is $350.00 per hour, which is usual and customary in Orange County for an attorney such as myself with 25 years experience. In addition, | have incurred the sum of $225.00 for the filing fee of the Interpleader Action, as well as the $60.00 motion fee for filing this Motion, along with additional costs for service of the Interpleader Action, fees for electronic filings with the court, postage, and copying, in the total sum of $687.81.Therefore, | am seeking an award of attorneys fees and costs in the sum of $14,635.31 [38.85 hours x $350.00 per hour = $13,947.50 plus litigation costs of $687.81], with the sum of $3,117.40 to be paid from the settlement funds held in a separate interest bearing trust account for the interpleader action. | have attached as EXHIBIT 3 an itemization of attorney time spent on this matter along with an invoice of costs incurred. Attorneys fees and costs continue to be expended on this action until some final resolution is ordered. 13. Despite my efforts to resolve the medical lien of the medical provider defendants withoutlitigation, | have been unsuccessful. It appears necessary to have this court intervene in this action, order Plaintiff to interplead the disputed funds and/or offer to interplead the disputed funds, less attorneys fees and costs; discharge Plaintiff from any 15 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER o O © 0 0 N N o O a ~ ~ L N = N O N N N N D N D D N N N N D N N A & A A a A Q A A Q @ a 2 a « o 0 N N O O o A W N A O © 0 0 N o a b s W w N = further liability and any further actions; extinguish the medical provider defendants’ lien; award attorneys fees and costs, as well as a judgmentfor said attorneys fees and costs, in the sum of $14,635.31 (38.85 hours x $350.00 per hour = $13,947.50 plus litigation costs of $687.81], and to finally and permanently enjoin all parties from filing and/or pursuing further claims and/or causes of action and to bring this matter to a final resolution and to prevent any additional and/or further frivolous actions. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 31, 2016 at Irvine, California. Sd JEFF S. DAWSON Principal of Plaintiff LAW OFFICE OF JEFFREY S. DAWSON, A Professional Corporation, and Attorney for Plaintiffs LAW OFFICE OF JEFFREY S. DAWSON,A Professional Corporation, and CHAMBERS, NORONHA & KUBOTA 16 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER EXHIBIT 1 LawOffice of JEFFREY S. DAWSON A Professional Corporation 9841 Irvine Center Drive, Suite 210 Irvine, California 92618 (949) 861-2191; Fax (949) 861-2190 March 12, 2015 Premier Health Care Chiropractic Center $ 8,220.00 Bradley C. Shapero, D.C. c/o Michael L. Coates, Sr., Esq., APC 19948 Aldea Ct., Ste. 100 Yorba Linda, CA 92886 Re: MARLA MUNDING vs. MICCICHE,et al.;Case No.: 30-2013-00647301 DOL: 5/30/2011 Dear Bradley C. Shapero, D.C.: On May 19, 2014, a jury trial commenced in the above matter. Liability was not disputed, but Allstate’s defense was focused on the nature and extent ofthe injuries Ms. Munding claimed to have suffered from this rear end traffic collision. The defense also had a medical expert, Kevin Triggs, MD, who testified the amount of the medical visits and bills were excessive. We obtained a jury verdict in the amount of $17,000, plus legal costs, which was entered as a judgment on June 26, 2014. Of the actual legal costs in the amount of $9,186.10, plaintiff recovered $2,103.50 per California law. After deducting attorneys fees in the amount of40% of the verdict [$6,800], which was split between Chambers, Noronha and Kubota and the Law Office of Jeffrey S. Dawson, and reimbursement of actual legal costs expended to obtain the verdict, the sum of $3,117.40 remains available to be distributed to medical providers holding liens totaling $17,420.88. We do not believe that the remaining amount is sufficient to justify an interpleader action, which would cause further legal fees and costs to be deducted from the fund prior to distribution to lien holders and only make a bad situation worse. We are proposing that all lien holders agree to a pro rata distribution of the remaining funds based on the balance oftheir liens. Your pro rata share of the remaining funds is $ 1,496.35. Please note that in order for any distribution to be made, we need to receive acceptance of the pro rata distributions from all S lien holders. After applying the pro rata amount to their account balance, it would then be up to each and every individual lien holder to decide whether or not they wished to pursue Marla Munding for the remaining balance on their account. Since medical liens in personal injury actions do inherently involve risk, and both law firms have an excellent track record of winning and obtaining recoveries in better than 95% oftheir cases, we propose that action not be taken against Ms. Munding for the remaining balances on their accounts. The medical providers' balances can be written off as a cost of doing business. This rarely occurs and you can be assured that both law firms will do their bestto refer personal injury business in the future to all providers who take this proposed course of action. Marla Munding Re: MUNDING vs. MICCICHE. et al.:Case No.: 30-2013-00647301 March 12, 2015 Page 3 Thank you for your continuing courtesy and cooperation. Ifyou have any questions, please feel free to call me. Very truly yours, LAW OFFICE OF JEFFREY S. DAWSON, A“0% Corporation JEFFREY S. DAWSON ISD/bc cc: Gary L. Chambers, Esq. CHAMBERS, NORONHA & KUBOTA 2070 N. Tustin Ave. Santa Ana, CA 92705-7827 Premier Health Care Chiropractic Center by Bradley C. Shapero, D.C. agrees to accept the pro rata amount of $1,496.35 from the remaining recovery of $3,117.40 that is held in trust. Payment of said funds shall release the Law Office of Jeffrey S. Dawson, Chambers, Noronha, and Kubota as well as Jeffrey S. Dawson and Gary Chambers, individually, from all obligations owed to the undersigned by virtue of the medical lien in favor of the undersigned. Bradley C. Shapero, D.C. Date Jeffrey Dawson From: Jeffrey Dawson Sent: Tuesday, April 07, 2015 3:08 PM To: ‘Michael Coates Cc Receptionist; Brenda; Mary Nichols; ‘Gary Chambers’ Subject: RE: Munding - Distrib. -- Lien of Dr. Shapero Michael: Refer to Paragraph 6. of my email that addresses Gillam. As | have told you, my client for settlement purposes has agreed not to claim any of the remaining funds and has no means to contribute. There has been no points and authorities whatsoever provided by you that ANY REASONABLE ATTORNEY [legal definition of frivolous] would consider supports any argument or legal basis to hold the attorney's fees that Mr. Chambers and myself earned from my retainer with Ms. Munding as a guarantee of recovery for the benefit of the lienholders. You and your client should be forewarned about the liability each of you would subject yourselves to for filing any frivolous action against Ms. Mundings’ attorney’s in this case. Gillam and many other cases stands for the opposite position you are asserting, ie we were legally entitled and required to remove attorney's fees and legal costs from the recovery. You client's remedy for monies owed beyond the residual funds is against Ms. Munding alone who is without means and has not authorized me offer your client what she does not have. | have told this to you repeatedly, on the phone and via email. You may considerthis a formal request to cease and desist any further baseless collection efforts for monies allegedly owed by Ms. Munding against me and/or Mr. Chambers by you and/or your client. You should also know and advise Mr. Shapero that by demanding interpleader action, he will most certainly eliminate the residual funds available to fund the pro rata disbursement in two ways. 1. We will be entitled to claim attorney's fees and costs related to the interpleader action. 2. Ms. Munding will be entitled to assert a claim to some of the funds and more than likely have some portion awarded to her. So, for many reasons, | hope you will convince your client to take the pro rata money that remains available. I can tell you that 2 of the 5 lienholders have agreed to the pro rata distribution. They will likely have a claim against you and/or your client for acting recklessly to cause said funds to be consumed by an unnecessary interpleader action. | trust you will no longer contact me for anything other than how to distribute the funds remaining. VTY, Jeffrey S. Dawson LAW OFFICE OF JEFFREY S. DAWSON, APC 9841 Irvine Center Drive, Ste. 210 Irvine, CA 92618 T: (949) 861-2191 F: (949) 861-2190 Please excuse any typos as | may not have had the opportunity to review the transcription of this dictated email. The information contained in this e-mail message (including attachments) may be privileged, confidential and protected from disclosure. The information herein may also be protected by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521 If you are not the intended recipient, any dissemination, distribution or copyingis strictly prohibited. If you think that you have received this e-mail message in error, please respond and inform the sender at the following e-mail address: “jef(@pi-attorney.com”. From: Michael Coates [mailto:mcoates@lacounsell.com] Sent: Tuesday, April 07, 2015 1:22 PM To: Jeffrey Dawson Cc: Receptionist; Brenda; Mary Nichols; 'Gary Chambers’ Subject: RE: Munding - Distrib. -- Lien of Dr. Shapero Jeffrey Dawson From: Michael Coates Sent: Tuesday, April 21, 2015 12:20 PM To: Jeffrey Dawson Cc: Receptionist; Brenda; Mary Nichols; ‘Gary Chambers’ Subject: Mr. Dawson and Mr. Chambers, Demand for Interpleader -- Munding matter Importance: High Mr. Dawson & Mr. Chambers, We have been unable to resolve the medical lien of Dr. Bradley Shapero on the recovery of the medical lien involving your client, Marla Munding. This email incorporates by reference our email strings from December 17, 2014, through April 7, 2015. We have made previous demand upon your to Interplead the funds given you weren't agreeing to a compromise of the amounts due and owing. While my client was not requiring the payment of his lien in full, he is not willing to agree to the amount you previously offered as laid out in the emails between us. We are making now a more formalized demand upon you to Interplead and deposit the full amount of ‘the liens, along with interest at the legal rate of 10% per annum since the date treatment ended, on December 27, 2012. We will be seeking the payment of monies owed in accordance with the contractual lien signed in this matter, along with interest and attorney's fees as provided for by contract. In any cross action that may befiled in the matter, we reserve the right to request that, in the event the Court determines the funds from the settlement are insufficient to pay the lien, that the Court issue a judgmentfor the remaining balance, along with interest and attorney's fees and costs. That cross action may also seek recovery for any breaches of fiduciary duty that may have occurred in this matter. Demand is made for such Interpleader to be filed by May 15, 2015, unless you need a brief extension which you are requested to advise in writing if you need additional time. Your prompt attention is required. Sincerely, Michael L. Coates Sr., Esq. 714-470-2927 (cell) 714-276-0649 (fax) mcoates@lacounsel1.com NOTICE TO RECIPIENT: This communication (including attached files and documents) contains information that is private, confidential, and may be protected by the attorney-client privilege and the attorney work product doctrine, or is otherwise exempt from disclosure. If you are not the intended recipient, please note that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this message in error, please immediately notify the sender by telephone or return e-mail and delete it from your computer and system. EXHIBIT 2 Wells Fargo” Preferred Checking WELLS Account number: 9872570115 m February2015-March16,2015 m Page 1 of 3 21C0 JEFFREY S DAWSON PODMARLAMUNDING 9841 IRVINE CENTER DR STE 210 IRVINE CA 92618-4316 Questions? Available by phone 24 hours a day, 7 days a week: Telecommunications Relay Services calls accepted 1-800-TO-WELLS (1-800-869-3557) TTY: 1-800-877-4833 En espariol: 1-877-727-2932 #3 1.800-288-2288 (6 am to 7 pm PT, M-F) Online: wellsfargo.com Write: Wells Fargo Bank, N.A. (114) P.O. Box 6995 Porlland, OR 97228-6995 You and Wells Fargo Thank you for being a loyal Wells Fargo customer. We value yourtrust in our company and look forward to continuing to serve you with yourfinancial needs. Activity summary Beginning balance on 2/18 $0.00 Deposits/Addilions 3,117.42 Wilhdrawals/Subtractions - 0.00 Ending balance on 3/16 $3,117.42 Overdraft Protection Account options A check mark in the box indicates you have these convenient services with your account(s). Go to wellsfargo.com or call the number aboveifyou have questionsorifyou would like to add new services. Online Banking Direct Deposit ] Online Bill Pay Auto Transfer/Payment [| Online Statements Overdraft Protection [] Mobile Banking Debit Card My Spending Report Overdraft Service Hl Account number: 9872570115 JEFFREY S DAWSON POD MARLA MUNDING California account terms and conditions apply For Direct Deposit use Routing Number (RTN): 121042882 This account is not currently covered by Overdraft Prolection. If you would like more informalion regarding Overdraft Protection and eligibility requirements please call the numberlisted on your statement orvisit your Wells Fargo store. (114) Sheel Seq = 0011658 Sheel 00001 of 00002 Account number: 9872570115 m Page 2 of 3 WELLS FARGO Interest summary Interest paid this statement $0.02 Average collected balance $3,117.40 Annual percenlage yield earned 0.01% Interest earnedthis statement period $0.02 Interest paid this year $0.02 Tolal interest paid in 2014 $0.00 Transaction history Check Withdrawals/ Ending daily Date Number Description Subtractions balance 9 Checking Opening Deposit 3,117.40 3/16 Interest Payment 3,117.42 Ending balance on 3/16 3,117.42 Totals $0.00 The Ending Daily Balance does notreflect any pending withdrawals or holds on deposited funds that may have been outstanding on your account when your transactions posted. If you had insufficient available funds when a transaction posted, fees may have been assessed. Monthly service fee summary For a complete lisof fees and detailed account informalion, please see the Wells Fargo Fee and Information Schedule and Account Agreement applicable to your account or lalk lo a banker. Go lo wellsfargo.com/feefaq lo find answers to common queslions about the monthly service fee on your account. Fee period 02/18/2015 - 03/16/2015 Standard monthly service fee $15.00 You paid $0.00 The fee is waived this fee period because lhe accountis linked to your PMA® relationship. How to avoid the monthly service fee (complete 1 AND 2) 1) Have any ONE ofthe following account requirements + Linked Wells Fargo home mortgage + Combined balancesin linked accounts, which may include - Minimum daily balance in checking, savings, time accounls (CDs) and FDIC-insured retirement accounts 2) Complele lhe package requirements - Have qualifying linked accounts or services in separale categories* Minimum required This fee period od $0.00 [J Monthly service fee discount(s) (applied when box is checked) Online only statements ($2.00 discount) *Includes Wells Fargo consumer accounts and services such as debit card, savings accounts, active Online Banking, credit card, loans and lines of credit. JOD Other Wells Fargo Benefits We're committed to hiring military velerans. Visit wellsfargo.com/careers to find out how your military experience can translate to a rewarding career at Wells Fargo. * Relevant military experience is considered for veterans and transitioning service men and women. Wells Fargo is an Affirmative Action and Equal Opportunity Employer, Minority/Female/Disabled/Veteran/Gender Identity/Sexual Orientation. Wells Fargo’ Preferred Checking Account number: 9872570115 m April16,2016 - May 16, 2016m Page 1 of 3 JEFFREY S DAWSON PODMARLAMUNDING 9841IRVINE CENTER DR STE 210 IRVINE CA 92618-4316 WELLS FARGO Questions? Available by phone 24 hours a day, 7 days a week: Telecommunicalions Relay Services calls accepled 1-800-742-4932 TTY: 1-800-877-4833 En espariol: 1-877-727-2932 EEE 1-800-288-2288 (6 am to 7 pm PT, M-F) Online: wellsfargo.com Write: Wells Fargo Bank, N.A. (114) P.O. Box 6995 Porlland, OR 97228-6995 You and Wells Fargo Thank you for being a loyal Wells Fargo cuslomer. We value your trust in our company and look forward to continuing to serve you with yourfinancial needs. Account options A check mark in the box indicales you have these convenient services with your account(s). Go to wellsfargo.com orcall the number aboveifyou have questions or if you would like to add new services. Online Banking Direct Deposit O Online Bill Pay Aulo Transfer/Payment [| Online Statements Overdraft Protection [| Mobile Banking Debil Card My Spending Report Overdraft Service Od Other Wells Fargo Benefits Sludents have unique needs when it comes to their money. Whether a youngerleen in high school, or an older leen preparing to graduate and take Lhe next step towards college, the military, or directly inlo the workforce, Wells Fargo has the tools and resources to help students access their money, manage a budget, pay for college, and much more. Visit Activity summary Beginning balance on 4/16 $3,117.76 Deposits/Additions 0.02 Withdrawals/Subtractions - 0.00 Ending balance on 5/16 $3,117.78 (114) Sheet Seq = 0011531 Sheet 00001 of 00002 wellsfargo.com/studentcenter Accounl number: 9872570115 JEFFREY S DAWSON POD MARLA MUNDING California account terms and conditions apply For Direcl Deposit use Rouling Number (RTN): 121042882 Account number: 9872570115 wm April 16, 2016 - May 16, 2016 = Page 2 of 3 WELLS FARGO Overdraft Protection This account is not currently covered by Overdraft Protection. If you would like more informalion regarding Overdraft Protection and eligibility requirements please call the numberlisted on your statement or visit your Wells Fargo store. Interest summary Interest paid this statement $0.02 Average collected balance $3,117.76 Annual percentage yield earned 0.01% Inleresl earned this statement period $0.02 Interest paid this year $0.13 Transaction history Check Deposits/ Withdrawals/ Ending daily Date Number Description Additions Subtractions balance 5/16 Interest Payment 0.02 3,117.78 Ending balance on 5/16 3,117.78 Totals $0.02 $0.00 The Ending Daily Balance does notreflect any pending withdrawals or holds on deposited funds that may have been outstanding on your account when your transactions posted. If you had insufficient available funds when a transaction posted, fees may have been assessed. Monthly service fee summary For a complete list of fees and detailed account information, please see lhe Wells Fargo Fee and Information Schedule and Account Agreement applicable to your accountor talk to a banker. Go lo wellsfargo.com/feefaq lo find answers to common queslions about lhe monthly service fee on your account. Fee period 04/16/2016 - 05/16/2016 Standard monthly service fee $15.00 You paid $0.00 The fee is waived this fee period because lhe accountis linked to your PMA” relationship. How to avoid the monthly service fee Minimum required This fee period Have any ONE of the following account requirements + Total amount of qualifying direct deposits $1,000.00 $0.00 OJ + Linked Wells Fargo home mortgage 1 1 - Combined balances in linked accounls, which may include $10,000.00 $3,117.76 (J - Minimum daily balance in checking, savings, lime accounts (CDs) and FDIC-insured retirement accounts JOD IMPORTANT ACCOUNT INFORMATION Overdraft Fee Waiver Clarification: We will waive any overdraft feesif bolh your ending daily account balance (posted balance) and your available balance (which includes pending transactions) are overdrawn by $5 or less and there are no items returned for insufficient funds al the end of our nightly processing. This fee waiver is associated with the total overdrawn balance, not Lhe dollar size of lhe transaction(s) contributing to the overdrawn balance. To find out more about online banking tools that Wells Fargo offers to help you manage and track your spending,visit wellsfargo.com/online-banking. For additional information, see your Account Agreement, speak with a local banker, or call the phone numberon the lop of your statement. EXHIBIT 3 LAW OFFICE OF JEFFREY S. DAWSON, et al. v. MARLA I. MUNDING,et al. 30-2015-00786645-CL-MC-CJC ATTORNEY TIME SHEET DATE TASK HOURS TOTAL FEE (HOURS BILLED AT $350.00 HOUR) 06/01/14 to Attempt to resolve medical 4.00 1,400.00 12/17/14 liens post jury verdict 12/17/14 Review e-mail from attorney 0.25 87.50 Michael Coates for Dr. Shapero 12/17/14 E-mail response to attorney 0.25 87.50 Michael Coates 12/18/14 Review Gary Chambers e-mail 1.00 350.00 to Michael Coates; review 12/18/14 Michael Coates e- mail response to Gary Chambers 01/15/15 Review file and prepare e-mail 0.25 87.50 to Michael Coates 01/20/15 Review e-mail from Michael 0.10 35.00 Coates 01/20/15 E-mail to Michael Coates re 0.10 35.00 lien 02/10/15 Review e-mail from Michael 0.10 35.00 Coates re lien 02/10/15 E-mail response to Michael 0.10 35.00 Coates 02/10/15 Review e-mail reply from 0.10 35.00 Michael Coates 02/13/15 Review e-mail from Michael 0.10 35.00 Coates 02/19/15 E-mail to Marla Munding re 0.10 35.00 medical liens 02/20/15 Review e-mail from Michael 0.10 35.00 Coates 02/20/15 E-mail replay to Michael 0.10 35.00 Coates 02/24/15 Review Michael Coates’ e-mail 4.00 1,400.00 and points and authorities; legal research 03/04/15 Review e-mail from Michael 0.10 35.00 Coates 03/04/15 E-mail reply to Michael Coates 0.10 35.00 03/08/15 Review e-mail from Michael 0.10 35.00 Coates 03/12/15 Review e-mail from Michael 0.10 35.00 Coates 03/12/15 Prepare pro-rata offers of 3.00 1,050.00 settlement to all medical provider lienholders 03/16/15 Review e-mail from Michael 0.10 35.00 Coates 03/24/15 Review e-mail from Michael 0.10 35.00 Coates 04/07/15 E-mail to Michael Coates 0.10 35.00 04/07/15 Review e-mail reply from 0.10 35.00 Michael Coates 04/21/15 Review demand letter from 1.00 350.00 Michael Coates 04/30/15 Review fax from Michael 0.50 175.00 Coates 05/08/15 Review file; legal research; 2.50 875.00 prepare Interpleader Action and associated documents; file interpleader action 05/13/15 Prepare documents and letters 3.00 1,050.00 for service by mail to all medical provider defendants in Interpleader Action 05/18/15 Prepare e-mail service of 0.50 175.00 Interpleader Action to MarlaMunding 06/19/15 Arrange for personal service of interpleader action on Bradley Shapero 0.50 175.00 07/17/15 Review file and service of process documents; prepare and file Requestfor Entry of Default as to Dr. Shapero 0.50 175.00 08/11/15 Review file and service of process documents; prepare and file Requests for Entry of Default as to medical provider defendants 2.00 700.00 10/14/15 Prepare and file Case Management Statement 0.50 175.00 11/03/15 Travel to and appear at Case Management Conference 1.50 525.00 02/11/16 Attempt to contact Marla Munding by phone and e-mai; prepare documents and letters to serve Interpleader Action on Munding by e-mail and mail. 1.50 525.00 02/11/16 Prepare and serve Notice of Continued Case Management Conference 0.20 70.00 03/01/16 Travel to and appear at Continued Case Management Conference 1.50 525.00 03/01/16 Prepare and serve Notice of Continued Case Management Conference 0.20 70.00 03/01/16 Attempt to contact Marla Munding by phone and e-mail; prepare documents and letters to serve Interpleader Action on Munding by e-mail and mail. 1.00 350.00 05/13/16 Prepare and file updated CaseManagement Conference 0.50 175.00 05/25/16 Review file; legal research; 3.00 1,050.00 preparation of Motion to Discharge Stakeholder from Interpleader Action 06/01/16 Travel to and appear at Case 1.50 525.00 Management Conference (anticipated) 06/30/16 Prepare for and travel to and 2.50 875.00 appear at hearing on Motion to Discharge Stakeholder from Interpleader Action 38.85 Hours $13,947.50 ATTORNEY FEES: $13,947.50 LITIGATION COSTS: $687.81 TOTAL: $14,635.31 LAW OFFICE OF JEFFREY S. DAWSON Invoice 9841 Irvine Center Drive, Suite 210 ow. eT Irvine, CA 92618 (949) 861-2191 5/25/2016 2023 Bill To Munding, Marla 25895 Marguerite Pkwy#101 Mission Viejo, CA 92691 Description Amount Reimbursable Expenses: Phone, copies, FFax, Postage, Parking, Etc 233.21 efiling Interpleader S+C # 10284461 234.95 efiling Not of POS #10304296 9.95 Serve D Bradley Shapero 150.00 efiling POS #10327366 9.95 efiling Default; #10340152 9.95 efiling Notice of default # 10360586 9.95 efiling CMC #10414357 9:95 efiling CMC; 10512714 9.95 efiling CMC; # 10590773 9.95 Total Reimbursable Expenses 454.60 Total $687.81 © 0 0 N N o O O o ~ ~ W N = N O N N D N N N N N D N D N N 2& «& a 4 a ‘4 A ‘ A A a «< a « a « a 0 ~ N O O O N A N W N A O © 0 N o O o a B b W O N = ~ O o PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE Law Office of Jeffrey S. Dawson, etc., et al. v. Marla |. Munding, et al. Orange County Superior Court Case No: 30-2015-00786645-CL-MC-CJC | am employed in the County of Orange, State of California. | am over the age of eighteen years and not a party to the within action. My business address is 9841 Irvine Center Drive, Suite 210, Irvine, CA 92618. On May 31, 2016, | served the foregoing documents: NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY 8S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER on all parties in said action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: SEE ATTACHED PROOF OF SERVICE LIST. X_ (BY MAIL) as follows: | placed such envelope with postage thereon prepaid in the United States mail at Irvine, CA. X | am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Irvine, CA, in the ordinary course of business. | am aware that on moving of the party served, service is presumed invalid if postal cancellation or postage meter is more than one day after the date of deposit for mailing in affidavit. (BY PERSONAL SERVICE)| delivered such envelope by hand to the offices of the addressee(s). (BY FACSIMILE) | sent such document via facsimile to the number(s) noted above. The facsimile machine | used was in compliance with Rule 2.301, California Rules of Court, and the transmission was reported as complete without error. X (STATE) | declare under the penalty of perjury under the laws of the State of California that the above is true and correct. Executed on May 31, 2016, at Irvine, California. Pyundlos (mona Brenda Corona, Declarant 17 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER © 0 0 N N o O o a »~ A O N = N O N N D N D N D N N N D M N D N AQ @ A A Q Q Q A 4 A a « a « a « a 0 ~ N O O O B A W O N 2 O O © 0 0 N O O O o b h W w D N = ~ O o PROOF OF SERVICE LIST Law Office of Jeffrey S. Dawson, etc., et al. v. Marla |. Munding, et al. Orange County Superior Court Case No: 30-2015-00786645-CL-MC-CJC Gary L. Chambers, Esq. Co-Counsel for Plaintiffs CHAMBERS, NORONHA & KUBOTA LAW OFFICE OF JEFFREY S. DAWSON, 2070 N. Tustin Ave. A Professional Corporation, and Santa Ana, CA 92705-7827 CHAMBERS, NORONHA & KUBOTA Tel: (714) 558-1400 Fax: (714) 558-0885 18 NOTICE OF MOTION AND MOTION FOR ORDER DISCHARGING STAKEHOLDERS AND FOR RELATED ORDERS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF JEFFREY S. DAWSON IN SUPPORT THEREOF; PROPOSED ORDER