Reply To OppositionReplyCal. Super. - 4th Dist.April 11, 2018Oo 0 9 AN Un Bs W N N N N N N N N N N mm e m e m e m e m p m p m p m co N N Un RA W I N D = O O X N N N B R A W N = O DAVID I. BROWNSTEIN (SBN 195393) LAW OFFICE OF DAVID BROWNSTEIN 1 Park Plaza, Suite 600 ELE CTRONICALLY FILED . uperior Court of California, Irvine, CA 92614 County of Orange Telephone: (949) 486-4404 az Telecopier: (949) 861-6045 Ly To 201 Km 02:4 2: 00 PN Clerk of the Superior Court david@brownsteinfirm.com By e Clerk Deputy Clerk Counsel for Third Party Claimant, Sharon Berman SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE NATIONAL FUNDING, INC., Case # 30-2018-00985293-CU-BC-CJC Plaintiff THIRD PARTY CLAIMANT’S REPLY TO ’ OPPOSITION TO CLAIM OF v EXEMPTION TUMBLEWEED ADVERTISING, [Filed herewith: Declaration of SHARON INC, et al., M. BERMAN] Defendants. Date: November 29, 2018 Time: 1:30 pm Dept. C18 N r N N N e N e N a N a N a N e N a N a N e N e N a N e N e Sharon M. Berman, (“Berman”) a third party claimant, and the rightful owner of funds levied upon by Plaintiff National Funding, Inc. hereby submits the following Reply to the Opposition to Claim of Exemption improperly filed by Plaintiff National Funding, Inc. (“Plaintiff”) and represents the following: 11 11 Third Party Claimant’s Reply to Opposition to Claim of Objection Page 1 of 3 Oo 0 9 AN Un Bs W N N N N N N N N N N mm e m e m e m e m p m p m p m co N N Un RA W I N D = O O X N N N B R A W N = O REPLY Plaintiff executed a levy on a Citibank Bank Account in an attempt to collect its judgment against Nikki L. Friedman, the daughter of Berman. The Citibank Account, and all funds therein, were the property of Berman. Berman had previously placed her daughter, Nikki L. Friedman’s name on the account, solely for estate planning purposes. In response to a levy on the Account, Berman submitted a Third Party Claim to the levying officer, signed under penalty of perjury. Berman also submitted with the Third Party Claim, a Supplemental Declaration of Sharon M. Berman, signed under penalty of perjury, wherein she testified that all of the funds in the Citibank Account were Ms. Berman’s personal funds, and not the funds of Nikki Friedman. Ms. Berman further testified that she deposited the majority of those funds on July 9, 2018, which came from an income tax refund to her and her husband and that the majority of the remainder of the funds were from her social security income deposited into the account. A copy of the Third Party Claim is attached hetero as Exhibit “A”, In response to this admissible testimony, Plaintiff filed an improper Notice of Opposition to Claim of Exemption (the “Opposition”), and an improper Notice of Hearing on Claim of Exemption, Wage Garnishment. Clearly Plaintiff is aware that this was not a Claim of Exemption by Nikki Friedman, the judgment Debtor, and has nothing to do with a Wage Garnishment. Moreover, Plaintiff represents to this Court in its Opposition that Berman has failed to provide any proof of her third party claim. This is not true. Berman has provided a detailed declaration under penalty of perjury in lieu of testimony with respect to the fact that these were her personal funds. However, even though Berman has met her burden on her Third Party Claim, Plaintiff requests in its Opposition that Berman provide a tracing of the funds contained in the account. Therefore, Berman is providing a Second Supplemental Declaration of Sharon M. Berman in connection herewith, and is attaching true and correct copies of her account statement transactions, as well as copies of the checks that were deposited into the account, in order to Third Party Claimant’s Reply to Opposition to Claim of Objection Page 2 of 3 © 0 9 a N nn BA W N N N N N N N N N N mm e m e m e m e m p m p m p m co N N Un RA W I N D = O O X N N N B R A W N = O trace all funds back to a $0.00 balance in January 2018. From this documentation, this Court can see that not a single dollar of funds in the account came from Ms. Friedman. CONCLUSION Based on the unrefuted admissible evidence and testimony provided to this Court, the Opposition to the Claim of Objection should be overruled and the levy funds returned to Berman. Dated: November 13, 2018 LAW OFFICE OF DAVID I. BROWNSTEIN BY: DAE David I. Brownstein, Counsel for Third Party Claimant Sharon M. Berman Third Party Claimant’s Reply to Opposition to Claim of Objection Page 3 of 3 EXHIBIT “A” EXHIBIT “A” ATTORNEY OR PARTY WITHOUT ATTORNEY (name and Address) David I. Brownstein (195393) 1 Park Plaza, Suite 600 Irvine, CA 92614 TELLEPHONE NO: ATTORNEY FOR (Name): Sharon M. Berman SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: 700 Civic Center Drive West MAILING ADDRESS: 700 Civic Center Drive West Santa Ana, CA 92701 CITY AND ZIP CODE: CASE NAME: National Funding, Inc. v. Tumbleweed Advertising et 4. THIRD PARTY CLAIM CASE NUMBER: 1 (CCP 720.110, 720.130, 720.230) ENE OFC PILE NUMBER: 2018300560 L DECLARATION |, Sharon M. Berman, declare as follows: 1. lam not a party to the above-captioned action, but | have an interest in: Real property that has been levied upon under a Writ of Attachment or Writ of Execution. Kk] Personal property that has been levied upon under a writ of attachment , writ of execution, prejudgment or postjudgment writ of possession, or a writ of sale. 2. My address in California where | can be served with legal papers by mail is. c/o Law Office of David I. Brownstein, 1 Park Plaza Suite 600, Irvine, CA 92614 and Sharon M. Berman, 23700 Ingomar St., west Hills, CA IT304-5208 3. Ihave an interest in the following described property: Deposit funds of $14,058.17 in Citibank Account #40020203630 4, |havean_X ownership security lien other interest In the above-described property by virtue of the following facts: See attached Declaration of Sharon Berman in support and attached exhibits. 1of2 5. The estimated market value of the above-described property interest is: ¢ $14,058.17 This is a security interest or lien and the applicable rate of interest is percent. 6. Attached are true and correct copies of documents that support my claim. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. LA ™. uv Dated:. 9/21/2018 at(city) West Hills _ (state) CA Sharon M. Berman spor Forf ber Ee" (Print Name of Third Party) (Signature of Third Party) 20f2 7483 FORM 011 (NEW 11/13) © 0 9 a N nn BA W N N N N N N N N N N mm e m e m e m e m p m p m p m co N N Un RA W I N D = O O X N N N B R A W N = O SUPPLEMENTAL DECLARATION OF SHARON M. BERMAN I, Sharon M. Berman, hereby declare and state as follows: 1. As to the following facts, I know them to be true of my own personal knowledge, and if called upon to testify in this action, I could and would testify competently thereto. 2. This Supplemental Declaration is provided in support of my Third Party Claim against the Levy of my funds in my Citibank Account # 40020203630 (the “Citibank Account”). 3. This matter involves a levy against my daughter, Nikki L. Freidman (“Nikki Freidman”), in a litigation judgment against her. I am NOT a judgment debtor in that action. 4. A writ of execution was made under Orange County Superior Court Case #30- 2018-00985293, for a Sheriff’s Levy, Levying Officer File # 2018300560 (the “Levy”). ie This Levy was made against my Citibank Account. A true and correct copy of my Citibank Account Statement showing the Levy is attached hereto as Exhibit “A”. 6. The Citibank Account is my personal account. I placed my daughter’s name, Nikki L. Freidman, on the Citibank Account solely for estate planning purposes. ys All funds deposited into the Citibank Account were my personal funds, and not the funds of Nikki Freidman. 8. At the time of the levy on July 30, 2018, I had funds on deposit in the Citibank Account in the amount of $14,058.17 (the “Funds”). These Funds were all my personal funds. 0. I had deposited the majority of these Funds of $9,000 on July 9, 2018, which came from income tax refunds of me and my husband. Attached as Exhibit “B” is a true and correct copy of the July Bank Account Statement showing those deposits. 10. The remaining amount of those Funds deposited came from a transfer of my social security income into the account. 11 11 11 Declaration of Sharon Berman Page 1 of 2 © 0 NN a N un Bs W N BN N N N N N N N N em e m e m e m e m m m p d oe p m pe NO NN A N UL BRE W N = O O NN S Y nN R E W I N D = D 11. All of the Funds are mine personally and should be returned to me, as they were not property of Nikki Friedman, and she was not entitled to those funds. I represent that the foregoing is true and correct to the best of my knowledge under penalty of perjury of the laws of the State of California. Executed in West Hills, California, on this 21st day of September 2018. Ltrs Tor om Sharon Berman, Declarant Declaration of Sharon Berman Page 2 of 2 EXHIBIT “A” EXHIBIT “A” SHARON M BERMAN Account 40020203630 Page 2 of 2 o1omisrete NIKKI L FRIEDMAN Statement Period - Jul 18 - Aug 19, 2018 SAVINGS ACTIVITY Savings 40020203630 Beginning Balance: $14,058.17 Ending Balance: $0.05 Date Description Amount Subtracted Amount Added Balance 07/30 Other Debit 14,058.17 0.00 08/17 Interest for 33 days, Annual Percentage Yield Earned 0.01% 0.05 0.05 Total Subtracted/Added 14,058.17 0.05 CUSTOMER SERVICE INFORMATION IF YOU HAVE QUESTIONS ON: YOU CAN CALL*: YOU CAN WRITE: Savings 888-248-4226 Citibank Client Services (For Speech and Hearing 100 Citibank Drive Impaired Customers Only San Antonio, TX 78245-9966 TDD: 800-945-0258) * To ensure quality service, calls are randomly monitored. Please read the paragraphs below for important information on your accounts with us. Note that some of these products may not be avallable in ali states or in all packages. The products reported on this statement have been combined onto one monthly statement at your request. The ownership and title of individual products reported here may be different from the addressee(s) on the first page. CHECKING AND SAVINGS FDIC Insurance: Products reported in CHECKING and SAVINGS are insured by the Federal Deposit Insurance Corporation. Please consult your Citibank Customer Manual for full details and limitations of FDIC coverage E Certificates of Deposit (CD) information may show dashes in certain fields if on the date of your statement your new CD was not yet funded or your existing CD renewed but is still in its grace period IN CASE OF ERRORS In Case of Errors or Questions About Your Electronic Fund Transfers: If you think your statement or record is wrong or if you need more information about a transfer on the statement or record, telephone us or write to us at the address shown in the Customer Service Information section on your statement as soon as possible. We must hear from you no later than 60 days after we sent you the first statement on which the error or problem appeared. You are entitled to remedies for error resolution for an electronic fund transfer in accordance with the Electronic Fund Transfer Act and federal Regulation E or in accordance with laws of the state where your account is located as may be applicable. See your Client Manual for details. Give us the following information: (1) your name and account number, (2) the dollar amount of the suspected error, (3) describe the error or the transfer you are unsure about and explain as clearly as you can why you believe there is an error or why you need more information. We will investigate your complaint and will correct any error promptly. If we take more than 10 business days to do this we will recredit your account for the amount you think is in error, so that you will have use of the money during the time It takes us lo complete our investigation. The following special procedures apply to errors or questions about international wire transfers or International Citibank Global Transfers to a reciplent located in a foreign country on or after October 28, 2013: Telephone us or write to us at the address shown in the Customer Service Information section on your statement as soon as possible. We must hear from you within 180 days of the date we indicated to you that the funds would be made available to the recipient of that transfer. At the time you contact us, we may ask for the following information: 1) your name, address and account number; 2) the name of the person receiving the funds, and if you know it, his or her telephone number and/or address; 3) the dollar amount of the transfer; 4) the reference code for the transfer; and 5) a description of the error or why you need additional information. We may also ask you to select a choice of remedy (credit to your account in an amount necessary to resolve the error or alternatively, a resend of the transfer in an amount necessary to resolve the error for those cases where bank error is found). We will determine whether an error has occurred within 90 days after you contact us. If we determine that an error has occurred, we will promptly correct that error in accordance with the error resolution procedures under the Electronic Fund Transfer Act and federal Regulation E or in accordance with the laws of the state where your account is located as may be applicable. See your Client Manual for details. Citibank is an Equal Housing Lender. = EQUAL HOUSING LENDER © 2018 Citigroup Inc. Citibank, N.A. Member FDIC. Citibank credit cards are issued by Citibank, N.A. AAdvantage® is a registered trademark of American Airlines, Inc. Citi, Citi and Arc Design and other marks used herein are service marks of Citigroup Inc. or its affiliates, used and registered throughout the world Citibank Client Services 013 PO Box 6201 Sioux Falls, SD 57117-6201 SHARON M BERMAN NIKKI IL FRIEDMAN 23700 INGOMAR ST WEST HILLS CA 91304-5208 010/R1/04F013 000 CITIBANK, N. A. Account 40020203630 Statement Period Jul 18 - Aug 19, 2018 Page 1 of 2 BASIC BANKING PACKAGE AS OF AUGUST 19, 2018 Relationship Summary: Checking ~~ me Savings $0.05 Investments -- (not FDIC Insured) Loans ads CreditCards = eee SUGGESTIONS AND RECOMMENDATIONS Notice: The Citibank Client Manual-Consumer Accounts now includes the following terms.When you provide a mobile phone number to us, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to Citi with your wireless operator account profile information for the duration of your business relationship with Citibank. BASIC BANKING PACKAGE FEES Basic Savings Fees Your Fees this Statement Period Monthly Service Fee* $4.50 $4.50(Waived) Fee for non-Citibank ATM transaction $2.50 None * When not linked to a Regular Checking account, your Day-to-Day Savings Account or money market account balances for the calendar month prior to the end of the monthly statement period will be used to determine your Average Savings Balance and, therefore, your monthly service fee. The monthly service fee is waived when the combined average monthly balance in qualifying linked deposit accounts is $500 or more for the previous month. All fees assessed in this statement period, including non-Citibank ATM fees, will appear as charges on your next Citibank monthly statement (to the account that is currently debited for your monthly service fee). Please refer to your Client Manual-Consumer Accounts and Marketplace Addendum booklet for details on how we determine your monthly fees and charges. EXHIBIT “B” EXHIBIT “B” 010/R1/04F013 Citibank Client Services 013 PO Box 6201 000 Sioux Falls, SD 57117-6201 CITIBANK, N. A. Account 40020203630 SHARGN-M_BREZMAN Statement Period Dinos by Eee Jun 18 - Jul 17, 2018 WEST HILLS CA 91304-5208 Page 1 of 2 BASIC BANKING PACKAGE AS OF JULY 17, 2018 Relationship Summary: Checking ~~ ame _ Savings $14,058.17 Investments pr (not FDIC Insured) Loans Cunened Credit Cards ea BASIC BANKING PACKAGE FEES Basic Savings Fees Your Fees this Statement Period Monthly Service Fee* $4.50 $4.50(Waived) Fee for non-Citibank $2.50 None ATM transaction * When not linked to a Regular Checking account, your Day-to-Day Savings Account or a market account balances for the calendar month prior to the end of the monthly statement period will be used to determine your Average Savings Balance and, therefore, your monthly service fee. The monthly service fee is waived when the combined average monthly balance in qualifying linked deposit accounts is $500 or more for the previous month. All fees assessed in this statement period, including non-Citibank ATM fees, will appear as charges on your next Citibank monthly statement (to the account that is currently debited for your monthly service fee). Please refer to your Client Manual-Consumer Accounts and Marketplace Addendum booklet for details on how we determine your monthly fees and charges. SAVINGS ACTIVITY Savings 40020203630 Beginning Balance: $4,253.11 Ending Balance: $14,058.17 Date Description Amount Subtracted Amount Added Balance 07/09 Deposit Teller 805.00 07/09 Transfer 2,000.00 07/09 Deposit Teller 7,000.00 14,058.11 07/17 Interest for 30 days, Annual Percentage Yield Earned 0.01% 0.06 14,058.17 Total Subtracted/Added 0.00 9,805.06 (gem made on weekends, bank holidays or after bank business hours are not reflected in your account until the next usiness day. 010/R1/04F013 SHARON M BERMAN Account 40020203630 Page 2 of 2 NIKKI L FRIEDMAN Statement Period - Jun 18 - Jul 17, 2018 CUSTOMER SERVICE INFORMATION IF YOU HAVE QUESTIONS ON: YOU CAN CALL*: YOU CAN WRITE: Savings 888-248-4226 Citibank Client Services (For Speech and Hearing 100 Citibank Drive Impaired Customers Only San Antonio, TX 78245-9966 TDD: 800-945-0258) * To ensure quality service, calls are randomly monitored. Please read the paragraphs below for important information on your accounts with us. Note that some of these products may not be available in all states or in all packages. The products reported on this statement have been combined onto one monthly statement at your request The ownership and title of individual products reporied here may be different from the addressee(s) on the first page CHECKING AND SAVINGS FDIC Insurance: Products reported in CHECKING and SAVINGS are insured by the Federal Deposit Insurance Corporation. Please consult your Citibank Customer Manual for full details and limitations of FDIC coverage Certificates of Deposit (CD) information may show dashes in certain fields if on the date of your statement your new CD was not yet funded or your existing CD renewed but is still in its grace period. E In Case of Errors or Questions About Your Electronic Fund Transfers: If you think your statement or record is wrong or if you need more information about a transfer on the statement or record, telephone us or write to us at the address shown in the Customer Service Information section on your statement as soon as possible. We must hear from you no later than 60 days after we sent you the first statement on which the error or problem appeared. You are entitled to remedies for error resolution for an electronic fund transfer in accordance with the Electronic Fund Transfer Act and federal Regulation E or in accordance with laws of the state where your account is located as may be applicable. See your Client Manual for details Give us the following information: (1) your name and account number, (2) the dollar amount of the suspected error, (3) describe the error or the transfer you are unsure about and explain as clearly as you can why you believe there is an error or why you need more information. We will investigate your complaint and will correct any error promptly. If we take more than 10 business days to do this we will recredit your account for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. The following special procedures apply to errors or questions about international wire transfers or international Citibank Global Transfers to a reciplent located in a foreign country on or after October 28, 2013: Telephone us or write to us at the address shown in the Customer Service Information section on your statement as soon as possible. We must hear from you within 180 days of the date we indicated to you that the funds would be made available to the recipient of that transfer. At the time you contact us, we may ask for the following information: 1) your name, address and account number; 2) the name of the person receiving the funds, and if you know it, his or her telephone number and/or address; 3) the dollar amount of the transfer; 4) the reference code for the transfer; and 5) a description of the error or why you need additional information. We may also ask you to select a choice of remedy (credit to your account in an amount necessary to resolve the error or alternatively, a resend of the transfer in an amount necessary to resolve the error for those cases where bank error is found). We will determine whether an error has occurred within 90 days after you contact us. If we determine that an error has occurred, we will promptly correct that error in accordance with the error resolution procedures under the Electronic Fund Transfer Act and federal Regulation E or in accordance with the laws of the state where your account is located as may be applicable. See your Client Manual for details Citibank is an Equal Housing Lender. 1=r EQUAL HOUSING LENDER © 2018 Citigroup Inc. Citibank, N.A. Member FDIC. Citibank credit cards are issued by Citibank, N.A. AAdvantage® is a registered trademark of American Airlines, Inc. Citi, Citi and Arc Design and other marks used herein are service marks of Citigroup Inc. or its affiliates, used and registered throughout the world. PROOF OF SERVICE OF DOCUMENT I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: 1 Park Plaza, #600 Irvine, CA 92614 will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner stated below: 1 TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuantto controlling General Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date) ee , | checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below: Service information continued on attached page 2. SERVED BY UNITED STATES MAIL. On(date) ~~ , | served the following persons and/or entities at the last known addresses in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail, first class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed. Service information continued on attached page 3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method for each person or entity served): Pursuantto F.R.Civ.P. 5 and/or controlling LBR, on (date) _ 09/25/2018 , | served the following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is filed. By Ovenight Mial to San Diego County Sheriff, El Cajon Civil Office, 250 E. Main Street, El Cajon, CA 92020 [] Service information continued on attached page | declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. 09/25/2018 David |. Brownstein /s/ David Brownstein Date Printed Name Signature This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. J une 2012 F 9013-3.1.PROOF.SERVICE
