Motion_for_summary_adjudication

Motion

Cal. Super. - 2nd Dist.June 26, 2018

Electronically FILED by suberir Court of California, County of Los Angeles on 02/14/2019 06:36 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Mariscal, Deputy Clerk ~N O Y a B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JONATHAN RAFAELOF (SBN 311738) MASHIAN LAW GROUP A PROFESSIONAL CORPORATION 11726 SAN VICENTE BOULEVARD, SUITE 290 LoS ANGELES, CALIFORNIA 90049 TEL: (310) 207-1464 Fax: (310) 207-1466 ATTORNEYS FOR PLAINTIFF MASHIAN LAw GROUP, APC SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES MASHIAN LAW GROUP, a California professional corporation, Plaintiff, ROD KAGAN, an individual; and DOES 1 through 10, inclusive, Defendants. Case No.: SC129493 [Assigned for all purposes to Hon. Lawrence Cho in Department K] PLAINTIFF MASHIAN LAW GROUP’S NOTICE OF MOTION AND MOTION FOR SUMMARY ADJUDICATION AGAINST DEFENDANT ROD KAGAN; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF BRYAN MASHIAN [Separate Statement of Undisputed Facts; and [Proposed] Order filed and served concurrently herewith] Date: May 2, 2019 Time: 8:30 A.M. Department: N Reservation No.: 181121367792 December 3, 2018 August 26, 2019 Complaint Filed: Trial Date: 1 PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION ~N O Y a B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on May 2, 2019 at 8:30 A.M., in Department K of the above- referenced Court, located at 1725 Main Street, Santa Monica, California, Plaintiff Mashian Law Group (“Plaintiff” or “MLG”) will and hereby does, move the Court for an order granting summary adjudication in favor of Plaintiff against Defendant Rod Kagan (“Defendant” or “Kagan”) as follows: First Cause of Action for Breach of Contract; and Third Cause of Action for Account Stated. This Motion is made pursuant to California Code of Civil Procedure (“CCP”) §437c on the grounds that “there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Summary adjudication may take place as a matter of law because it will dispose of the entirety of one or more causes of action. Plaintiff’s Motion is based on this notice, the attached Memorandum of Points and Authorities, Separate Statement of Undisputed Material Facts, and the Declaration of Bryan Mashian filed concurrently with this motion, the files and records in this action, and any further evidence or argument that the Court may properly receive at or before the hearing. Dated: February 14, 2019 Respectfully submitted, Mashian Law Group, APC By: Jonathan Rafaelof Attorney for the Mashian Law Group, APC 2 PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION ~N O Y a B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION Pursuant to a February 22, 2016 written retainer agreement (“Agreement”), Plaintiff Mashian Law Group, APC (“Plaintiff” or “MLG”) represented Defendant Rod Kagan (“Kagan” or “Defendant”) in the Los Angeles Superior Court action Rod Kagan v. Jed Kagan, et al., LASC Case No. BC619723 (“Litigation Matter”). Plaintiff filed the complaint in the Litigation Matter on May 6, 2016, and withdrew on April 18, 2017. During Plaintiff’s representation of Kagan, Kagan paid a total of $30,000, leaving a balance of $42,873.47 unpaid. After Plaintiff’s withdrawal from representing Kagan, despite monthly billing statements, phone calls and letters from Plaintiff, for more than 20 months Kagan has failed and refuses to pay any part of the $42,873.47 that Kagan still owes Plaintiff for legal fees and costs. The first cause of action in Plaintiff’s Complaint alleges that Kagan breached the Agreement. The third cause of action in Plaintiff’s Complaint alleges an account stated against Kagan. The undisputed facts establish all the necessary elements for Plaintiff’s first and third causes of action. Accordingly, this Court should grant summary adjudication on Plaintiff’s breach of contract cause of action, or in the alternative, Plaintiff’s account stated cause of action and award Plaintiff’s damages, plus interest. II. STATEMENT OF FACTS Plaintiff is a professional corporation in Los Angeles California with attorneys duly licensed to practice law within the state of California. As stated in the concurrently filed Declaration of Bryan Mashian (“Mashian Decl.”), on or about February 22, 2016, Plaintiff and Kagan entered into a retainer Agreement. (Separate Statement of Undisputed Material Facts in Support of Plaintiff’s Motion for Summary Adjudication (“U.F.”) 1.) Pursuant to the Agreement, on or about February 23, 2016, Plaintiff commenced legal work on behalf of Kagan in the Litigation Matter (U.F. 2.). In the Litigation Matter, Kagan sought to reclaim from his brother Kagan’s fifty percent (50%) ownership interest in a family business, Kagan and Sons, Inc., a California corporation. (U.F. 3). 3 PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION ~N O Y a B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Paragraph 2 of the Agreement, Kagan agreed to pay Plaintiff for legal services at the hourly rates stated in the Agreement. Pursuant to Paragraph 3 of the Agreement, Kagan agreed to pay Plaintiff for all costs and expenses incurred by Plaintiff in representing Kagan. (U.F.4) From February 22, 2016 to April 18, 2017, Plaintiff represented Kagan in the Litigation Matter and provided legal services to Kagan pursuant to the Agreement. Plaintiff has performed all conditions, covenants and promises required of Plaintiff in accordance with the terms and conditions of the Agreement. (U.F. 5). During Plaintiff’s representation of Kagan in the Litigation Matter, Plaintiff submitted to Kagan monthly invoices for professional services rendered and costs incurred in the Litigation Matter. (U.F. 6). Kagan paid Plaintiff a total of $30,000, consisting of $10,000 as the initial retainer amount on February 22, 2016, and four payments of $5,000 each in September 2016, November 2016, December 2016 and last one as late January 2017. (U.F.7). Other than the initial retainer payment, all the other payments were either delinquent or partial. (U.F.8). On or about April 18, 2017, Plaintiff withdrew from representing Kagan in the Litigation Matter, on which date Kagan owed Plaintiff $42,873.47. (U.F. 9). Thereafter, Plaintiff sent monthly or bi-monthly reminder billing statements to Kagan regarding the balance still due and owing to Plaintiff. (U.F. 10). Kagan breached the Agreement by failing to pay $42,873.47 for fees and costs due under the Agreement. (U.F. 11). After Plaintiff’s withdrawal from the Litigation Matter, Kagan owed Plaintiff a balance of $42,873.47, as shown on Plaintiff’s invoice dated April 18, 2017. (U.F. 12). After Plaintiff’s withdrawal as Kagan’s counsel in the Litigation Matter and prior to the filing of this lawsuit, Kagan did not object to the amount shown as due and owing on Plaintiff’s invoices for services previously rendered by Plaintiff. (U.F.13). After Plaintiff withdrew from representing Kagan in the Litigation Matter, Kagan was not represented in the Litigation Matter by another attorney or law firm. (U.F.14). While representing himself in pro per, Kagan reached a settlement with his brother pursuant to which Kagan is to be 4 PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION ~N O Y a B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 paid $1,000,000 as settlement payment. (U.F.15). Kagan was able to reach this settlement after receiving the benefits of Plaintiff’s representation in the Litigation Matter. As of May 2, 2019 (the date of the hearing of this motion), Kagan owes Plaintiff $51,612.61, consisting of $42,873.47 for fees and costs, and $8,739.14 for interest at the rate of 10% per the Agreement. (U.F.16). Accordingly, Plaintiff seeks damages of $42,873.47 for fees and costs due and owing to Plaintiff as stated in Kagan’s last billing statement, plus $8,739.14 for interest pursuant to Paragraph 4 of the Agreement. III. LEGAL AUTHORITY A motion for summary adjudication shall proceed in all procedural respects as a motion for summary judgment. Code of Civil Procedure (“C.C.P.”) §437c(f)(2). A trial court properly grants a motion for summary adjudication or summary judgment where no issues of triable fact appear and the moving party is entitled to judgment as a matter of law. C.C.P. §437c(c). Any party may move for summary judgment, or summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the action as a whole, or any cause of action, has no merit or that there is no defense to the action or proceeding. C.C.P. §437c. Plaintiff, as the moving party, has “met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action” entitling the party to judgment on that cause of action. The burden then shifts to Kagan to “show that a triable issue 9 of one or more material facts exists as to that cause of action or a defense thereto.” California Code of Civil Procedure §437c(p)(1). A. PLAINTIFF IS ENTITLED TO SUMMARY ADJUDICATION ON ITS BREACH OF CONTRACT CAUSE OF ACTION Summary adjudication for Plaintiff’s breach of contract cause of action should be granted. The elements of a breach of contract cause of action are: (1) the existence of a contract; (2) Plaintiff's performance or excuse for nonperformance; (3) Defendants’ breach; and (4) the resulting damages to Plaintiff. San Mateo Union High School Dist. v. County of San Mateo (2013) 5 PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION ~N O Y a B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 213 Cal.App.4th 418, 439; see Stockton Mortg., Inc. v. Tope (2014) 233 Cal.App.4th 437, 447; Judicial Council of California Civil Jury Instruction 303 (CACI 303). First, it is undisputed that on or about February 22, 2016, Plaintiff and Kagan entered into the Agreement whereby Plaintiff agreed to perform legal services and Kagan agreed to pay Plaintiff for such services. Mashian Decl. {4 Second, it is undisputed that the Agreement sets forth the hourly rate to be charged and that Kagan would pay for all fees and costs incurred in the representation of Kagan. Mashian Decl. {7 Third, it is undisputed that Plaintiff performed legal services on behalf of Kagan pursuant to the Agreement, and has performed all conditions, covenants and promises required of it in accordance with the terms and conditions of said Agreement. Mashian Decl. 48 Fourth, it is undisputed that Kagan failed to pay in full amounts due to Plaintiff and Kagan in in breach of the Agreement. Fifth, it is undisputed that Plaintiff was harmed by Kagan’s breach in that Plaintiff performed legal services and incurred costs in accordance with the Agreement but Kagan has not fully compensated Plaintiff for Plaintiff’s services. Mashian Decl. {16 B. PLAINTIFF IS ENTITLED TO DAMAGES IN THE AMOUNT OF $51,612.61 PURSUANT TO THE BREACH OF THE AGREEMENT California Civil Code § 3300 is the general measure of damages for breach of contract. It provides that the measure is the amount that will compensate the aggrieved party for all the detriment caused by the breach or that in the ordinary course of things would be likely to result from it. In an action by counsel against its former client, counsel can recover the contract amount for services rendered, less payments already made. Here, Plaintiff damages are calculated as follows. Kagan’s was charged by Plaintiff for services rendered by Plaintiff a total of $76,311.72 while Plaintiff represented Kagan. Kagan paid a total of $30,000 toward his bills. While Plaintiff represented Kagan, Plaintiff provided courtesy discounts of $3,438.25 which are shown on the bills, leaving a balance due of $42,873.47. Interest on this amount at 10% (as provided in Paragraph 4 of the Agreement) totals $8,739.14. In sum, 6 PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION ~N O Y a B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Kagan owes Plaintiff a total of $51,612.61. Therefore, as a direct and proximate result of Kagan’s breach of the Agreement, Plaintiff has suffered damages in the amount of $51,612.61. C. ALTERNATIVELY, PLAINTIFF 1S ENTITLED TO SUMMARY ADJUDICATION ON ITS ACCOUNT STATED CAUSE OF ACTION The essential elements of an account stated cause of action are: (1) previous transactions between the parties establishing the relationship of debtor and creditor; (2) an agreement between the parties, express or implied, on the amount due from the debtor to the creditor; (3) a promise by the debtor, express or implied, to pay the amount due. Leighton v. Forster (2017) 8 Cal App.5th 467. Furthermore, the bill of an attorney for services, like any other bill, may under proper circumstances and conditions be the subject of an account stated . . . If the account be sent to the debtor and he do (sic) not object to it within a reasonable time, his acquiescence will be taken as an admission that the account is truly stated. Trafton v. Youngblood (1968) 69 Cal.2d 17, 32. First, it is undisputed that Plaintiff and Kagan entered into the Agreement on or about February 22, 2016, whereby Plaintiff agreed to perform legal services and Kagan agreed to pay Plaintiff for such services. Mashian Decl. {4 Second, it is undisputed that there were previous transactions between Plaintiff and Kagan whereby Kagan would be billed invoices from Plaintiff and Kagan would make payments toward those invoices. Mashian Decl. {10 Third, it is undisputed that Plaintiff provided either monthly or bi-monthly billing statements and reminders to Kagan after Plaintiff’s withdrawal from the Litigation Matter. Mashian Decl. q11. Fourth, it is undisputed that after Plaintiff’s withdrawal as Kagan’s counsel in the Litigation Matter and prior to the filing of this lawsuit, Kagan did not object to the amount shown as due and owing on Plaintiff’s invoices for services previously rendered by Plaintiff. Mashian Decl. {14 Based on the previous transactions between Plaintiff and Kagan, their written retainer Agreement, and Kagan’s implied acquiescence to these bills, Plaintiff’s Motion for Summary Adjudication for an account stated should be granted. 7 PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION ~N O Y a B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. PLAINTIFF IS ENTITLED TO DAMAGES IN THE AMOUNT OF $51,612.61 PURSUANT TO THE ACCOUNT STATED Damages based on a cause of action for account stated requires limited proof. No proof is required as to the services performed or their value. The only issue is whether there was in fact an account stated, that all items on account are true, and that the balance is due and owing. Trafton v. Youngblood (1968) 69 Cal.2d 17, 32. After Plaintiff’s withdrawal from the Litigation Matter on April 18,2017, Kagan’s balance due and owing on Plaintiff’s then invoice was $42,873.47. Paragraph 4 of the Agreement states that “Delinquent amounts shall accrue interest at the lower of 10% per annum or the maximum rate allowed by law.” Interest on this amount until the date of the hearing of this motion equals to $8,739.14. Therefore, based on a cause of action for account stated, the total amount due to Plaintiff is $51,612.61. IV. CONCLUSION There are no triable issues of material fact regarding the allegations made in Plaintiff’s first and third causes of action. Plaintiff has met its burden and proved all elements necessary to prevail on its claim for breach of contract or in the alternative, for account stated. Accordingly, Plaintiff respectfully requests that summary adjudication be entered against Kagan and in favor of Plaintiff, and that Plaintiff be awarded damages in the amount of $51,612.61 for either Plaintiff’s breach of contract claim or for Plaintiff’s account stated claim, and such other relief as the Court may deem just and proper. Pursuant to a separate motion, Plaintiff will seek Plaintiff’s attorneys’ fees and costs in this action. DATED: February 14, 2019 Mashian Law Group, APC By: Jonathan Rafaelof Attorneys for Plaintiff Mashian Law Group, APC 8 PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION ~N O Y a B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF BRYAN MASHIAN I, Bryan Mashian, declare as follows: I. I am an attorney at law, duly admitted to practice before the courts of the State of California and an attorney for Plaintiff Mashian Law Group, APC (“Plaintiff.”) I have firsthand personal knowledge of the facts set forth herein, and if called as a witness, I could and would testify competently to said facts. 2. I submit this declaration in support of Plaintiff’s motion for summary adjudication. 3 I am the president of the Mashian Law Group, a professional corporation in Los Angeles California with attorneys duly licensed to practice law within the state of California. 4. On or about February 22, 2016, I, on behalf of Plaintiff, and Defendant Rod Kagan (“Kagan”) entered into a written retainer agreement (“Agreement”). A true and correct copy of the Agreement is attached hereto as Exhibit A. 5. Pursuant to the Agreement, on or about February 23, 2016, Plaintiff commenced legal work on behalf of Kagan in Los Angeles Superior Court action titled Rod Kagan v. Jed Kagan, et al., LASC Case No. BC619723, filed May 6, 2016 (the “Litigation Matter”). 6. In the Litigation Matter, Kagan sought to reclaim from his brother Kagan’s fifty percent (50%) ownership interest in a family business, Kagan and Sons, Inc., a California corporation. 7. Pursuant to Paragraph 2 of the Agreement, Kagan agreed to pay Plaintiff for legal services at the hourly rates stated in the Agreement. Pursuant to Paragraph 3 of the Agreement, Kagan agreed to pay Plaintiff for all costs and expenses incurred by Plaintiff in representing Kagan. 8. From February 22, 2016 to April 18, 2017, Plaintiff represented Kagan in the Litigation Matter and provided legal services to Kagan pursuant to the Agreement. Plaintiff has performed all conditions, covenants and promises required of Plaintiff in accordance with the terms and conditions of the Agreement. 9. During Plaintiff’s representation of Kagan in the Litigation Matter, Plaintiff submitted to Kagan monthly invoices for professional services rendered and costs incurred in the Litigation Matter. A true and correct copy of Plaintiff’s monthly invoices for services rendered PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION ~N O Y a B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 from March 2016 to April 2017 are attached hereto as Exhibit B. 10. Kagan paid Plaintiff a total of $30,000, consisting of $10,000 as the initial retainer amount on February 22, 2016, and four payments of $5,000 each in September 2016, November 2016, December 2016 and last one as late January 2017. Other than the initial retainer payment, all the other payments were either delinquent or partial. 11. On or about April 18, 2017, Plaintiff withdrew from representing Kagan in the Litigation Matter on which date Kagan owed Plaintiff $42,873.47. A true and correct copy of the April 18, 2017 withdrawal by Plaintiff is attached hereto as Exhibit C. Thereafter, Plaintiff sent monthly or bi-monthly reminder billing statements to Kagan regarding the balance still due and owing to Plaintiff. True and correct copies of the billing statements and reminders from May 2017 to December 2017 and in October 2018 sent to Kagan are attached hereto as Exhibit D. 12. Kagan breached the Agreement by failing to pay 42,873.47 for fees and costs due under the Agreement. 13. After Plaintiff’s withdrawal from the Litigation Matter, Kagan owed Plaintiff a balance of $42,873.47, as shown on Plaintiff’s invoice dated April 18, 2017. A true and correct copy of this invoice is attached hereto as Exhibit E. 14. After Plaintiffs withdrawal as Kagan’s counsel in the Litigation Matter and prior to the filing of this lawsuit, Kagan did not object to the amount shown as due and owing on Plaintiff’s invoices for services previously rendered by Plaintiff. 15. After Plaintiff withdrew from representing Kagan in the Litigation Matter, Kagan was not represented in the Litigation Matter by another attorney or law firm. According to Kagan’s testimony at his January 15, 2019 deposition, while representing himself in pro per, Kagan reached a settlement with his brother pursuant to which Kagan is to be paid $1,000,000 as settlement payment. Kagan was able to reach this settlement after receiving the benefits of Plaintiff’s representation in the Litigation Matter. True and correct copies of Pages 54-56 of the Deposition of Rod Kagan are hereby attached as Exhibit F. 16. As of May 2, 2019 (the date of the hearing of this motion), Kagan owes Plaintiff $51,612.61, consisting of $42,873.47 for fees and costs, and $8,739.14 for interest at the rate of PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION ~N O Y a B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10% per the Agreement. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. A Dated: February 15, 2018 Bryan Mashian PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION A N nn Bk W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION Law Offices of Bryan Mashian APC February 22, 2016 Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: Agreement for Legal Services Dear Rod: Rod Kagan (“Client”) hires Law Offices of Bryan Mashian, a California professional corporation (“Attorney”) as Client’s legal counsel in connection with Client’s claims against Jed Mark Kagan and G. Kagan and Sons, Inc., a California corporation. This agreement (“Agreement”) will apply also to any future matters in which Attorney agrees to represent Client. 1. Duties. Attorney agrees to provide the legal services reasonably required to represent Client in any active matters and to keep Client reasonably informed. Client agrees to be truthful, to cooperate with Attorney, to provide necessary information and documents, to keep Attorney informed of any developments, and to appear at legal proceedings. 2. Legal Fees. Client agrees to pay Attorney fees determined by the number of hours expended, multiplied by Attorney’s then prevailing hourly billing rates. The current hourly billing rates are: Bryan Mashian $525 Associates, of counsel and independent contractor attorneys $350 - $425 Law Clerks $160 - $190 Paralegals $100 - $120 Case Clerks $15 - $65 Attorney may from time to time increase hourly billing rates which will be reflected in Client’s statements. Attorney’s minimum billing unit is one-quarter of an hour. 3. Costs and Other Charges. Client agrees to directly pay or reimburse Attorney the various costs and expenses for performing legal services, such as filing and recordation fees, court reporters’ fees, video-conferencing, messenger and other delivery fees, parking, transportation, lodging, and other necessary travel expenses, reproduction costs, expert witness fees, consultant and investigator fees, and other similar items. Any costs and expenses Attorney advances will be charged at Attorney’s cost plus a handling fee. Forensic accounting services will be needed and Client agrees to directly hire the accounting experts. 4. Billing Statements. Attorney will send Client monthly statements indicating fees and costs incurred, payments made or applied from the retainer, and current balance owed. Each statement will be due on receipt, but in any event no later than 30 days thereafter. Delinquent Telephone 310-207-1464 Email Bryan@Mashianlaw.com Fax 310-207-1466 11726 San Vicente Blvd. Suite #290 Los Angeles, California 90049 amounts shall accrue interest at the lower of 10% per annum or the maximum rate allowed by law. Attorney shall have the right to charge and collect interest, even if accrued or accruing interest is not reflected on any invoices. Attorney shall have the right to suspend further work and/or to withdraw if an outstanding invoice is more than 30 days past due. 5. Retainer. Attorney requests $10,000 as retainer, which is not an estimate of total fees or costs, but merely an advance payment for security. Client will not receive any interest on any retainer. The retainer will be applied toward Client’s monthly billings upon remittance to Client of a billing statement. Client shall, within ten (10) days after request by Attorney, provide Attorney additional retainers which Attorney may require from time to time. If Client does not timely pay a requested retainer, Attorney shall have the right to suspend further work and/or to withdraw. At the conclusion of Attorney’s representation, Attorney will refund the unused portion of the retainer, if any. 6. Miscellaneous. Attorney has not made and does not make any promises or guarantees about the outcome of any matter. Attorney comments, if any, about possible outcomes are expressions of opinion only. An estimate of fees, if any, is not a guarantee as actual fees will vary from any estimates given. Upon the conclusion of Attorney’s services on a given matter, Attorney will scan and retain Client’s file on a given matter in a secure digital format (which may be an electronic record of the information in the record) for a period of one (1) year, and contact Client to determine whether Client would like to take and retain possession of Client’s files, absent which Client authorizes Attorney to destroy Client’s files. This Agreement contains the parties’ entire agreement. This Agreement may be signed in counterparts, which may be by facsimile or PDF. In any action or proceeding regarding the Client’s obligation to pay any fees or costs under this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs from the non-prevailing party. Attorney shall have a lien on any claim and/or recovery by Client. This Agreement will not take effect, and Attorney has no obligation to provide any legal services, unless and until Attorney has received a copy of this Agreement signed by Client, and the retainer amount, if any, required above. Please discuss with us any questions or concerns you may have before you sign this Agreement. Very truly yours, LAW OFFICES OF BRYAN MASHIAN, A Professional Corporatjon Bryan Mashian Client has read, understands and agrees to abide by the Agreement as of the date Attorney first provided services, and to be liable for all obli riogggtClient under the Agreement. A N nn Bk W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT B PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION Mashian Law Group APC April 11,2016 Via email and US mail Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: March 2016 Statement of Services Dear Rod: Enclosed is our statement of charges for legal services for the month of March 2016 regarding Claims against Jed Mark Kagan and G. Kagan and Sons Inc in the amount of $5,951.25. Your total current remaining retainer balance is now $4,048.75. Very truly yours, Bryan Mashian TeLpuone 310-207-1464 Ema. BRyan@M asian. aw.com Fax 310-207-1466 11726 San Vicente BLvp. Suite #290 Los ANGELES, CALIFORNIA 90049 XtraExport lof2 https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx ?PageOrigi.. Mashian Mashian Law Group a 11726 San Vicente Blvd., Suite #290 La w Group Los Angeles, CA 90049 Phone: 310-207-1464 Invoice submitted to: Invoice # 12552 Rod Kagan 10507 Dunleer Drive litoiee Date: 04/01/16 Los Angeles, CA 90064 Services Thru: 03/31/16 Date By Service Summary Hours/Qty Rate Amount In Reference To: Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Professional Services) 02/22/16 BM Attendance at office meeting with client during which reviewed 2.00 525.00 $1,050.00 history, status and strategy 02/23/16 BM Email correspondence with client regarding additional documents 0.25 525.00 $131.25 02/26/16 BM Preparation of summary of facts; Review and analysis of documents 1.50 525.00 $787.50 provided by client 03/11/16 BM Telephone conference with client and Laura Stanton regarding history, 1.25 525.00 $656.25 current status and strategy, including the statute of limitations issues 03/11/16 BM Telephone conference and Email correspondence with Brian Paya 0.50 525.00 $262.50 regarding tolling the statute of limitations 03/11/16 BM Research regarding date of sale of property by brothers 0.25 525.00NC $0.00 03/16/16 MT Preparation of Tolling Agreement 0.25 120.00NC $0.00 03/16/16 BM Preparation of tolling agreement 0.25 525.00 $131.25 03/16/16 BM Preparation of complaint 0.50 525.00 $262.50 03/16/16 LS Review file, research re tolling agreement and draft tolling agreement 0.80 375.00 $300.00 03/18/16 BM Preparation of tolling agreement with client's former lawyer 0.50 525.00 $262.50 03/18/16 LS Research re statute of limitations on tolling agreement; revise tolling 0.80 375.00 $300.00 agreement with Kagan’s former counsel, Brian Paya 03/18/16 LS Commence drafting Complaint against Jed Kagan and G. Kagan and 1.30 375.00 $487.50 Sons, Inc.; research re statute of limitations on breach of fiduciary duty/constructive fraud 03/23/16 BM Preparation of tolling agreement to be entered into by and between 0.50 525.00 $262.50 client and his former counsel 03/23/16 LS Continue drafting Complaint against Jed Kagan including fraud and 0.90 375.00 $337.50 deceit and negligent misrepresentation claims 03/29/16 LS Revise Tolling Agreement 0.40 375.00 $150.00 03/29/16 LS Complete draft of Kagan v. Kagan Complaint 1.20 375.00 $450.00 03/29/16 MT Preparation of complaint and review of tolling agreement 1.00 120.00 $120.00 03/30/16 LS Draft e-mail to client explaining questions in draft of Complaint 0.20 375.00NC $0.00 Total Hours: 14.35 Total Labor: $5,951.25 Total Invoice Amount: $5,951.25 Payments/Adjustments: $-10,000.00 Total Amount Due: $-4,048.75 Page: 1 of 2 4/11/7014 4-44 DNA Mashian Law Group APC May 5, 2016 Via email and US mail Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: April 2016 Statement of Services Dear Rod: Enclosed is our statement of charges for legal services for the month of April 2016 regarding Claims against Jed Mark Kagan and G. Kagan and Sons Inc in the amount of $926.25. Your total current remaining retainer balance is now $3,122.50. Very truly yours, MASHIAN LAW GROUP, A Professional Corporation A A ; - Bryan Mashian Terprone 310-207-1464 Email. BryaAN@Masuianlaw.com Fax 310-207-1466 11726 San Vicente Buvp. Suite #290 Los ANGELES, CALIFORNIA 90049 XtraExport https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx ?PageOrigi. Mashian Mashian Law Group ps 11726 San Vicente Blvd., Suite #290 Law Group Los Angeles, CA 90049 Phone: 310-207-1464 Invoice submitted to: Invoice # 12624 Rod Kagan 10507 Dunleer Drive Invoice Date: 05/02/16 Los Angeles, CA 90064 Services Thru: 04/30/16 Date By Service Summary Hours/Qty Rate Amount In Reference To: Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Professional Services) 04/01/16 LS Telephone conference with Rod Kagan regarding revisions to the 0.50 375.00 $187.50 Complaint 04/12/16 LS Revise Complaint in accordance with telephone conference with Rod 1.20 375.00 $450.00 Kagan 04/13/16 MT Preparation of summons, civil case cover sheet for filing 1.00 120.00 $120.00 04/18/16 LS Further revise Complaint 0.80 375.00NC $0.00 04/26/16 BM Telephone conference and Email correspondence with client regarding 0.25 525.00 $131.25 approval of the draft complaint 04/27/16 LS Review e-mail from Rod Kagan 0.10 375.00NC $0.00 04/29/16 LS Revise Tolling Agreement to update and draft cover e-mail to closing 0.10 375.00 $37.50 Total Hours: 3.95 Total Labor: $926.25 Total Invoice Amount: $926.25 Previous Balance: $-4,048.75 Total Amount Due: $-3,122.50 User Summary Details User Hrs Rate Amount Bryan Mashian 0.25 @ 525.00 131.25 Laura Stanton 1.80 @ 375.00 675.00 Laura Stanton 0.90 @N/C 0.00 Meagan Thompson-Mann 1.00 @ 120.00 120.00 Page: 1 of | 1ofl S/8/7901A4 11-80 AM Mashian Law Group APC June 8, 2016 Via email and US mail Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: . May 2016 Statement of Services Dear Rod: Enclosed is our statement of charges for legal services for the month of May 2016 regarding Claims against Jed Mark Kagan and G. Kagan and Sons Inc in the amount of $1,683.75. Your total current remaining retainer balance is now $1,438.75. Very truly yours, MASHIAN LAW GROUP, A Professional Corporation ; ; Bryan Mashian TeLruone 310-207-1464 EmaiL_ BRYAN @MasHiaNLaw.com Fax 310-207-1466 11726 San Vicente Buvp. Suite #290 Los AnGeLEs, CaLiFornia 90049 XtraExport https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx 7PageOrigi.. Maslian Mashian Law Group ee 11726 San Vicente Blvd., Suite #290 Law Group Los Angeles, CA 90049 Phone: 310-207-1464 Invoice submitted to: Invoice # 12677 Rod Kagan 10507 Dunleer Drive litoied SE 06/01/16 Los Angeles, CA 90064 Services Thru: 05/31/16 Date By Service Summary Hours/Qty Rate Amount In Reference To: Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Professional Services) 05/03/16 MT Preparation of complaint, summons, etc. 225 120.00 $270.00 05/09/16 MT Preparation of complaint, summons, etc. for service on defendants 0.50 120.00 $60.00 05/09/16 BM Email correspondence with client regarding the filed complaint 0.25 525.00 $131.25 05/11/16 BM Research regarding 170.6 current judge 0.25 525.00 $131.25 05/16/16 LS Draft C.C.P. §170.6 declaration 0.20 375.00NC $0.00 05/17/16 LS Draft Errata to C.C.P. §170.6 declaration 0.20 375.00NC $0.00 05/20/16 BM Email correspondence with Brian Paya regarding tolling agreement 0.50 525.00 $262.50 and Email correspondence with client regarding same 05/23/16 BM Telephone conference with client regarding tolling agreement with 0.25 525.00 $131.25 former lawyer 05/24/16 BM Correspondence with Brian Paya 0.25 525.00 $131.25 05/26/16 LS Review Minute Order granting C.C.P. §170.6 declaration 0.10 375.00NC $0.00 05/31/16 BM Correspondence with defendants regarding CMC 0.25 525.00 $131.25 In Reference To: Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Expenses) 05/06/16 MT LASC - Complaint Filing 1.00 435.00 $435.00 Total Hours: 5.00 Total Labor: $1,248.75 Total Expenses: $435.00 Total Invoice Amount: $1,683.75 Previous Balance: $-3,122.50 Total Amount Due: $-1,438.75 User Summary Details User Hrs Rate Amount Bryan Mashian 1.75 @ 525.00 918.75 Laura Stanton 0.50 @ N/C 0.00 Meagan Thompson-Mann 2.75 @ 120.00 330.00 Page: 1 of 1 1of] 6/8/2016 10:56 AM Mashian Law Group APC July 11,2016 Via email and US mail Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: June 2016 Statement of Services Dear Rod: Enclosed is our statement of charges for legal services for the month of June 2016 regarding Claims against Jed Mark Kagan and G. Kagan and Sons Inc in the amount of $1,198.25. Your total current remaining retainer balance is now $240.50. Very truly yours, MASHIAN LAW GROUP, A Professional Corporation 7 C Bryan Mashian TereHone 310-207-1464 Email. BRyan@MasuianLaw.com Fax 310-207-1466 11726 San Vicente BLvp. Sure #290 Los ANGELES, CaLiFornia 90049 XtraExport https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx?PageOrigi... Mashian Mashian Law Group Law Grane 11726 San Vicente Blvd., Suite #290 caw Lroup Los Angeles, CA 90049 Phone: 310-207-1464 Invoice submitted to: Invoice # 12729 Rod Kagan . ice Date: 07/01/1 10507 Dunleer Drive ee ee ervices : Los Angeles, CA 90064 Date By Service Summary Hours/Qty Rate Amount In Reference To: Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Professional Services) 06/08/16 BM Telephone conference with Robert Peter Weiss, attorney representing 0.25 525.00 $131.25 Rod Kagan 06/08/16 BM Correspondence with Robert Peter Weiss, attorney for Rod 0.25 525.00 $131.25 06/09/16 BM Email correspondence with client regarding general direction of how 0.25 525.00 $131.25 client would like to settle the case 06/09/16 BM Email correspondence with client 0.25 525.00 $131.25 06/09/16 LS Review letter from opposing counsel and e-mail exchange between 0.10 375.00NC $0.00 Bryan and client 06/13/16 BM Attendance at office meeting with client and Baze Melamed 0.50 525.00 $262.50 06/30/16 LS Review Answer to Complaint and discovery requests 0.20 375.00 $75.00 In Reference To: Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Expenses) 05/20/16 DC Knox - Kagan and Sons - Summons; Complaint; Civil Case Cover 1.00 50.25 $50.25 Sheet; Civil Case Cover Sheet - etc 05/20/16 DC Knox - Jed Kagan - Summons; Complaint; Civil Case Cover Sheet; 1.00 100.50 $100.50 Civil Case Cover Sheet - etc 05/20/16 DC Knox - Filing of Motion 1.00 92.50 $92.50 05/20/16 DC Knox - Filing of Notice of Errata and Corrected Peremptory challenge 1.00 92.50 $92.50 to Judicial Officer Total Hours: 1.80 Total Services: $862.50 Total Expenses: $335.75 Total Invoice Amount: $1,198.25 Previous Balance: $-1,438.75 Total Amount Due: $-240.50 Professional Summary Details Professional Hrs Rate Amount Bryan Mashian 1.50 @ 525.00 787.50 Laura Stanton 0.20 @ 375.00 75.00 Laura Stanton 0.10 @ N/C 0.00 Page: 1 of 1 lof 1 7/11/2016 11:01 AM Mashian Law Group APC August 2, 2016 Via email and US mail Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: July 2016 Statement of Services Dear Rod: Enclosed is our statement of charges for legal services for the month of July 2016 regarding Claims against Jed Mark Kagan and G. Kagan and Sons Inc in the amount of $7,878.75. After applying your remaining retainer, your total balance due and owing is $7,638.25. Very truly yours, MASHIAN LAW GROUP, A Professional Corporation ; ; Bryan Mashian Terpnone 310-207-1464 Email Bryan @MasuianLAw.com Fax 310-207-1466 11726 San Vicente BLvp. Suite #290 Los ANGeLEs, CALIForniA 90049 XtraExport 1of2 . Mashian Law Group Mashian . . re 11726 San Vicente Blvd., Suite #290 Law Group Los Angeles, CA 90049 https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx?PageOrigi... Phone: 310-207-1464 Invoice submitted to: Date In Reference To: 07/07/16 07/08/16 07/08/16 07/11/16 07/11/16 07/12/16 07/14/16 07/14/16 07/22/16 07/25/16 07/25/16 07/25/16 07/25/16 07/26/16 07/26/16 07/27/16 07/28/16 07/28/16 Invoice # 12847 Invoice Date: 08/01/16 Services Thru: 07/31/16 Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 By Service Summary Hours/Qty Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Professional Services) BM Review and analysis of discovery served by Jed; Email 1.00 correspondence with client and Telephone conference with client regarding status and strategy BM Preparation of motion for appointment of receiver 2.00 MT Preparation of Notice of Ruling on Peremptory Challenge for filing 0.50 and service BM Telephone conference with Robert Weiss, attorney for Jed, regarding 0.75 motion for appointment of receiver and discussion of settlement of the case, payment to Rod of profits from the company and providing accounting information; telephone conference with client regarding same, status and strategy LS Commence drafting Motion for Receiver 0.20 MT Preparation of Application for Receiver, Temporary Restraining Order 0.50 and Order to Show Cause MT Preparation of Motion to Appoint Receiver 1.75 MT Preparation of responses to Defendant's discovery requests -- 0.50 Requests for Production LS Commence drafting Rod Kagan’s Declaration in support of 0.20 Application BM Email correspondence with client 0.25 LS Draft e-mail to client re status and his declaration in support of 0.10 appointment of a receiver LS Complete draft of Rod Kagan Declaration; research re same 1.40 MT Preparation of Rof Kagan declaration in support of appointment of 0.50 receiver BM Attendance at office meeting with client and Laura Stanton regarding 0.50 motion for appointment of receiver LS Meeting with Rod Kagan and Bryan regarding strategy and 1.50 appointment of receivership LS Draft Application for Appointment of a Receiver, research with 5.10 respect thereto; revise Rod Kagan Declaration BM Correspondence with Stephen Donell, potential receiver 0.25 LS Telephone conference with R. Weiss, Jed’s counsel, re discovery; draft 0.20 confirming e-mail Rate 525.00 525.00 120.00 525.00 375.00 120.00 120.00 120.00 375.00 525.00 375.00 375.00 120.00 525.00 375.00 375.00 525.00 375.00 Amount $525.00 $1,050.00 $60.00 $393.75 $75.00 $60.00 $210.00 $60.00 $75.00 $131.25 $37.50 $525.00 $60.00 $262.50 $562.50 $1,912.50 $131.25 $75.00 Page: 1 of 2 8/2/2016 1:00 PM XtraExport 20f2 https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx ?PageOrigi... Date By Service Summary Hours/Qty Rate Amount 07/28/16 LS Telephone conference with Steve Donell regarding serving as receiver; 0.30 375.00 $112.50 review receiver documents received from Mr. Donell 07/28/16 LS Revise Application for Receiver 0.30 375.00 $112.50 07/29/16 MT Preparation of Application for Ex Parte Appointment of Receiver and 1.75 120.00 $210.00 Temporary Restraining Order 07/29/16 BM Correspondence with Jacqueline Benyamini, CPA, CFF, CFE, 0.50 525.00 $262.50 regarding forensic accounting work; Email correspondence with client regarding same 07/29/16 LS Draft Declaration of Stephen Donell 0.30 375.00 $112.50 07/29/16 LS Draft Declaration of Bryan Mashian 0.30 375.00 $112.50 07/29/16 LS Draft proposed alternative orders for (1) Ex Parte Order Appointing 1.10 375.00 $412.50 Receiver, Order to Show Cause Why Receiver Should not be Confirmed and Issuance of Temporary Restraining Order and (2) Order to Show Cause Why Receiver Should Not be Appointed and Temporary Restraining Order 07/30/16 LS Revise proposed alternative orders for (1) Ex Parte Order Appointing 0.90 375.00 $337.50 Receiver, Order to Show Cause Why Receiver Should not be Confirmed and Issuance of Temporary Restraining Order and (2) Order to Show Cause Why Receiver Should Not be Appointed and Temporary Restraining Order Total Hours: 22.65 Total Services: $7,878.75 Total Invoice Amount: $7,878.75 Previous Balance: $-240.50 Total Amount Due: $7,638.25 Professional Summary Details Professional Hrs Rate Amount Bryan Mashian 5.25 @ 525.00 2,756.25 Laura Stanton 11.90 @ 375.00 4,462.50 Meagan Thompson-Mann 5.50 @ 120.00 660.00 Page: 2 of 2 8/2/2016 1:00 PM Mashian Law Group APC September 3, 2016 Via email Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: August 2016 Statement of Services Dear Rod: Enclosed is our statement of charges for legal services for the month of August 2016 regarding claims against Jed Mark Kagan and G. Kagan and Sons Inc. in the amount of $18,300.00. Your balance from prior months was $7,638.25, for a total of $25,938.25. Thank you for your payment of $5,000.00, which brought your balance to $20,938.25. As a courtesy to you, a discount of $3,438.25 was applied to your legal services, as shown under Payments/Adjustments as “Courtesy Discount” on the enclosed invoice. Your total balance due and owing is $17,500. Very truly yours, MASHIAN LAW GROUP, A Professional Corporation By. A A ~ os Bryan Mashian Tereone 310-207-1464 EmaiL Bryan @MasnianLaw.com Fax 310-207-1466 11726 San Vicente BLvp. Suite #290 Los ANGELES, CALIFORNIA 90049 XtraExport 1of4 mw Mashian Law Group Mashian . . rr 11726 San Vicente Blvd., Suite #290 Law Group Los Angeles, CA 90049 https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx 7PageOrigi... Phone: 310-207-1464 Invoice submitted to: Date In Reference To: 08/01/16 08/01/16 08/02/16 08/02/16 08/02/16 08/02/16 08/03/16 08/04/16 08/04/16 08/04/16 08/04/16 08/04/16 08/04/16 08/04/16 08/04/16 08/08/16 08/08/16 Invoice # 12896 Invoice Date: 09/01/16 Services Thru: 08/31/16 Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 By Service Summary Hours/Qty Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Professional Services) MT Preparation of application to appoint receiver and supporting 1.00 documents, including declaration of Rod Kagan and orders; email correspondence with Steve Donell re: finalization of declaration LS Exchange e-mails with Rod regarding when his loan payments stopped 0.10 MT Preparation of ex parte notice re: application for appointment of 0.25 receiver BM Email correspondence with Jacqueline Benyamini, forensic accountant, 0.25 and with client BM Preparation of application for appointment of receiver 0.50 LS Telephone conference with Rod re accuracy of information in his 0.70 declaration regarding when payments stopped; revise declaration and P&As to accommodate revisions LS Revise Kagan Declaration again to conform to loan and other payment 1.40 schedule received from Kagan Inc. Controller; revise P&As accordingly as well MT Preparation of ex parte notice of application to appoint receiver for 0.25 transmission to opposing counsel MT Preparation and finalization of application for receiver points and 2.00 authorities MT Preparation of Plaintiff's declaration in support of ex parte application 1.25 for appointment of receiver MT Preparation of Bryan Mashian's declaration in support of ex parte 0.25 application for appointment of receiver MT Preparation of Ex Parte Application to Appoint Receiver orders 0.25 BM Email correspondence with Jed's counsel 0.25 LS Multiple communications, e-mails and telephone conferences regarding 0.40 hearing date of Ex Parte Application in light of Weiss’ vacation LS Revise alternative orders for (1) Ex Parte Order Appointing Receiver, 0.50 Order to Show Cause Why Receiver Should not be Confirmed and Issuance of Temporary Restraining Order and (2) Order to Show Cause Why Receiver Should Not be Appointed and Temporary Restraining Order MT Preparation of ex parte application for appointment of receiver 1.75 MT Preparation of case management statement for filing and service 0.50 Rate Amount 120.00 $120.00 375.00 $37.50 120.00 $30.00 525.00 $131.25 525.00 $262.50 375.00 $262.50 375.00 $525.00 120.00 $30.00 120.00 $240.00 120.00 $150.00 120.00 $30.00 120.00 $30.00 525.00 $131.25 375.00 $150.00 375.00 $187.50 120.00 $210.00 120.00 $60.00 Page: 1 of 4 9/3/2016 9:49 AM XtraExport 20f4 Date 08/08/16 08/08/16 08/08/16 08/09/16 08/09/16 08/09/16 08/10/16 08/10/16 08/10/16 08/10/16 08/11/16 08/11/16 08/13/16 08/13/16 08/15/16 08/15/16 08/15/16 08/16/16 08/16/16 08/16/16 08/17/16 08/17/16 08/17/16 08/18/16 08/18/16 08/18/16 08/19/16 08/19/16 08/21/16 By MT BM LS BM LS LS MT LS LS LS BM LS MT LS MT LS LS BM LS MT LS LS MT BM LS MT BM LS https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx ?PageOrigi... Service Summary Preparation of Rod Kagan Declaration in support of Ex Parte Application for Appointment of Receiver, etc. Preparation of application for appointment of receiver Revise P&As and Kagan Dec in support of Ex Parte application based upon new information from Rod Email correspondence with client regarding results of the ex parte hearing for appointment of a receiver Prepare for, travel to and attend hearing on Ex Parte Application for Appointment of Receiver; obtain new hearing date, discussion with Weiss after hearing regarding settlement; draft e-mail re same Exchange e-mails with Rod regarding results of the Ex Parte Hearing Preparation of case management statement and notice of posting jury fees Draft e-mail to Rod explaining strategy Revise CMC statement and attachment thereto Draft e-mail to Weiss agreeing to consider Jed’s settlement proposal provided Jed produces the documents necessary for our accountant to perform an forensic accounting Email correspondence with client Review e-mail from Rod regarding concern with respect to the direction of the lawsuit Preparation of responses to discovery requests from Jed Kagan Draft proposed Protective Order and e-mail to Weiss requesting immediate access to financials Preparation of Motion for Receiver documentation for filing and service : Telephone cal! to Weiss’ office regarding extension to respond to discovery; draft e-mail re same Draft responses to document requests; select documents to produce to Jed Preparation of responses to Defendant Jed Kagan's discovery requests Attendance at office meeting with client Draft responses to requests for admissions and form interrogatories Preparation of responses to discovery requests from Jed Kagan Draft responses to 45 special interrogatories Draft e-maif to Rod explaining the discovery responses and the need for him to carefully review them Preparation of responses to Special Interrogatories from Defendant to Plaintiff Telephone conference with Jeff Brandlin, forensic accountant Draft e-mail to Rod regarding driver's license and education information needed for discovery responses Preparation of Discovery Email correspondence with Jeff Brandin and client regarding additional information required by forensic accountant Review meet and confer letter from Weiss regarding approximately 100 discovery requests Hours/Qty 0.25 0.50 0.50 0.50 4.80 0.20 0.50 0.20 0.20 0.20 0.25 0.10 1.25 0.40 0.75 0.10 0.60 2.00 1.00 2.90 2.00 2.30 0.10 0.50 0.25 0.10 1.00 0.50 0.20 Rate 120.00 525.00 375.00 525.00 375.00 375.00 120.00 375.00 375.00 375.00 525.00 375.00NC 120.00 375.00 120.00 375.00 375.00 120.00 525.00 375.00 120.00 375.00 375.00 120.00 525.00 375.00NC 120.00 525.00 375.00 Amount $30.00 $262.50 $187.50 $262.50 $1,800.00 $75.00 $60.00 $75.00 $75.00 $75.00 $131.25 $0.00 $150.00 $150.00 $90.00 $37.50 $225.00 $240.00 $525.00 $1,087.50 $240.00 $862.50 $37.50 $60.00 $131.25 $0.00 $120.00 $262.50 $75.00 Page: 2 of 4 9/3/2016 9:49 AM https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx ?PageOrigi... XtraExport Date By Service Summary Hours/Qty Rate Amount 08/21/16 LS Draft memo re status of case 0.10 375.00 $37.50 08/21/16 LS Draft Form Interrogatories, Special Interrogatories, and Document 3.20 375.00 $1,200.00 Requests to Jed Kagan 08/22/16 MT Preparation of discovery requests to be served on Jed Kagan 1.25 120.00 $150.00 08/22/16 MT Preparation of discovery requests to be propounded to Jed Kagan 1.50 120.00 $180.00 08/23/16 BM Review and analysis of Jed Kagan’s Ex Parte Application For Order 1.00 525.00 $525.00 Compelling Plaintiff To Serve Supplemental Responses To Special Interrogatories; And Request For Monetary Sanctions 08/23/16 SD Draft Opposition to Ex Parte Application to Compel Discovery, 2.20 375.00 $825.00 including Defendant's failure to meet and confer in good faith 08/23/16 SD Review financial documents dated June 30, 2016 and tax return for 0.30 375.00 $112.50 2015 re inclusion of inadequacy of these documents in opposition to Ex Parte to Compel Discovery 08/23/16 LS Telephone conference with Rod regarding status and strategy 0.20 375.00 $75.00 08/23/16 LS Draft Declaration of Laura K. Stanton in Opposition to Ex Parte 3.20 375.00 $1,200.00 Application to Compel Discovery, including Defendant's failure to meet and confer in good faith, failure to review and execute protective order; and failure to produce the documents promised 08/23/16 MT Preparation of Bates-numbered documents for production 0.50 120.00 $60.00 08/23/16 MT Preparation of opposition to ex parte application to compel further 1.25 120.00 $150.00 responses to discovery 08/23/16 SD Prepare for, travel to and attend Case Management Conference; 3.50 375.00 $1,312.50 conference with Defendant's attorney re discovery and financial documents 08/23/16 SD Draft e-mail to Defendant’s counsel re client's discovery responses and 0.30 375.00 $112.50 protective order 08/23/16 SD Review Ex Parte Application to Compel Further Responses to Special 0.60 375.00 $225.00 Interrogatories 08/24/16 BM Telephone conference with Rod Kagan 0.25 525.00 $131.25 08/24/16 LS Prepare for, travel to and attend continued Case Management 4.30 375.00 $1,612.50 Conference and hearing on Ex Parte Application to Compel Discovery 08/24/16 LS Draft e-mail to Rod regarding results of hearing 0.20 375.00 $75.00 08/24/16 LS Analysis of strategy re discovery, documents and Rod going back to 0.20 375.00 $75.00 work 08/24/16 SD Prepare for, travel to and attend continued Case Management 4.30 375.00NC $0.00 Conference and hearing on Ex Parte Application to Compel Discovery 08/25/16 LS Draft e-mail to Weiss regarding additional document he promised to 0.10 375.00 $37.50 produce 08/31/16 BM Email correspondence with client regarding status 0.25 525.00 $131.25 08/31/16 LS Draft follow-up e-mail to Weiss regarding additional document he 0.10 375.00 $37.50 promised to produce and has failed to produce In Reference To: Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Expenses) 08/09/16 DC Filing fee for Ex Parte Application for appointment of receiver 1.00 60.00 $60.00 08/09/16 DC Parking for Ex Parte Application for appointment of receiver 1.00 20.00 $20.00 08/23/16 MT Parking for Case Management Conference 1.00 20.00 $20.00 08/24/16 DC Parking for Ex Parte Application to Compel Discovery 1.00 20.00 $20.00 Page: 3 of 4 30f4 9/3/2016 9:49 AM XtraExport 4of 4 Payments/Adjustments Detail Date Transaction Type Description 08/30/2016 Payment 08/31/2016 Credit Adjustment Courtesy Discount Professional Summary Details Professional Hrs Bryan Mashian 5.50 Laura Stanton 27.40 Laura Stanton 0.20 Meagan Thompson-Mann 20.25 Steven Daly 6.90 Steven Daly 4.30 Rate @ 525.00 @ 375.00 @ N/C @ 120.00 @ 375.00 @ N/C https:/fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx ?PageOrigi... Total Hours: Total Services: Total Expenses: Total Invoice Amount: Previous Balance: Payments/Adjustments: Total Amount Due: Amount -5,000.00 -3,438.25 Amount 2,887.50 10,275.00 0.00 2,430.00 2,587.50 0.00 64.55 $18,180.00 $120.00 $18,300.00 $7,638.25 $-8.438.25 $17,500.00 Page: 4 of 4 9/3/2016 9:49 AM Mashian Law Group APC October 6, 2016 Via email Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: September 2016 Statement of Services Dear Rod: Enclosed is our statement of charges for legal services for the month of September 2016 regarding claims against Jed Mark Kagan and G. Kagan and Sons Inc. in the amount of $10,992.90. Your total balance due and owing is $28,492.90. Very truly yours, MASHIAN LAW GROUP, A Professional Corporation ; ; Bryan Mashian TeLphone 310-207-1464 Email. Bryan @MasuianLaw.com Fax 310-207-1466 11726 San Vicente Buvp. Suite #290 Los ANGELES, CaLIFOrRNIA 90049 XtraExport 1 of 2 Cy Mashian Law Group Mashian . ) roma ns 11726 San Vicente Blvd., Suite #290 Law Group Los Angeles, CA 90049 https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx ?PageOrigi. Phone: 310-207-1464 Invoice submitted to: Date In Reference To: 09/01/16 09/01/16 09/02/16 09/03/16 09/03/16 09/04/16 09/05/16 09/05/16 09/05/16 09/06/16 09/06/16 09/06/16 09/06/16 09/06/16 09/06/16 09/06/16 09/09/16 09/12/16 09/12/16 Invoice # 12971 Invoice Date: 10/05/16 Services Thru: 09/30/16 Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 By Service Summary Hours/Qty Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Professional Services) LS Draft multiple e-mails to Rod regarding list of employees and his 0.20 deposition and forwarding corporate tax returns produced by LS Draft multiple e-mails to Rod regarding list of employees and his 0.20 deposition and forwarding corporate tax returns produced by LS Draft 4th request for the documents which Weiss promised to produce 0.10 on August 11, 2016 LS Analysis of strategy re reinstating Kagan Company as a party (draft e- 0.10 mails to Bryan) LS Commence drafting Supplemental Responses to Special Interrogatories 1.20 as ordered by the Court LS Continue drafting Supplemental Responses to Special Interrogatories 1.10 as ordered by the Court BM Email correspondence with client regarding access to electronic 0.25 records of the company BM Preparation of discovery responses 0.50 LS Complete draft of Supplemental Responses to Special Interrogatories 0.70 pursuant to Court Order; draft e-mail to client re same MT Preparation of Deposition Notice and Special Interrogatories to Jed 1.00 Kagan BM Email correspondence with client 0.25 BM Review and analysis of notice of deposition of Rod 0.25 LS Draft multiple e-mails and texts to Rod regarding employee list and in 0.70 particular employee who told him about Jed’s $400,000 theft and signed verification; revise and finalize Supplemental Responses to Special Interrogatories; produce additional document LS Draft e-mail to Weiss re Jed deposition 0.10 MT Preparation of deposition notice of Jed Kagan 0.50 MT Preparation of supplemental responses to special interrogatories for 1.25 service LS Telephone conference with Rod re status; e-mail re same 0.10 LS Exchange e-mails with Weiss regarding Rod deposition and service of 0.10 Supplement Responses BM Email correspondence with opposing counsel 0.50 Rate Amount 375.00 $75.00 375.00 $75.00 375.00 $37.50 375.00 $37.50 375.00 $450.00 375.00 $412.50 525.00 $131.25 525.00 $262.50 375.00 $262.50 120.00 $120.00 525.00 $131.25 525.00 $131.25 375.00 $262.50 375.00 $37.50 120.00 $60.00 120.00 $150.00 375.00 $37.50 375.00 $37.50 525.00 $262.50 Page: 1 of 2 1NILINNIL 1A. cn Tr https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx ?PageOrigi... XtraExport Date By Service Summary Hours/Qty Rate Amount 09/15/16 LS Review multiple letters from Weiss regarding multiple documents 0.50 375.00 $187.50 produced by Jed; analysis of strategy regarding reinstating Kagan Company as a party (telephone conference with Bryan re same) 09/16/16 LS Prepare for, travel to and attend continued Case Management 3.60 375.00 $1,350.00 Conference: conference with Weiss regarding proposed stipulation to add Company back in as a party; draft e-mail re status 09/16/16 LS Telephone conferences with Rod regarding hiring a forensic accountant 0.50 375.00 $187.50 and going into work 09/18/16 LS Review letter from Weiss regarding Rod going into work; analysis of 0.20 375.00 $75.00 strategy re same; exchange e-mails with Rod 09/18/16 BM Correspondence with opposing counsel regarding client having showed 0.50 525.00 $262.50 up to work 09/18/16 LS Draft e-mail to Steve Donell re status of case 0.10 375.00 $37.50 09/18/16 LS Exchange multiple e-mails with Rod regarding letter from Weiss re: 0.10 375.00 $37.50 Rod appearing at Kagan, Inc., written shareholder/partnership agreement 09/18/16 LS Analysis of strategy regarding dismissal of dissolution cause of action 0.20 375.00 $75.00 09/19/16 MT Preparation of Notice of Ruling at Case Management Conference 0.50 120.00 $60.00 09/19/16 BM Telephone conference with client and Laura Stanton regarding status 1.00 525.00 $525.00 and preparing for the upcoming deposition 09/19/16 BM Email correspondence with client regarding forensic accountant 0.25 525.00 $131.25 09/19/16 MT Preparation of Notice of Ruling at CMC, including filing and service 0.75 120.00 $90.00 thereof 09/19/16 LS Telephone conference with Bryan and Rod regarding strategy at 1.10 375.00 $412.50 deposition; analysis of documents needed for review 09/19/16 LS Review and revise notice of Ruling regarding CMC 0.10 375.00 $37.50 09/20/16 LS Travel to and meet with Rod to prepare for his deposition 4.60 375.00 $1,725.00 09/21/16 LS Travel to and attend Rod’s deposition in Weiss’ office 6.60 375.00 $2,475.00 09/28/16 LS Review correspondence and documents received from Weiss 0.60 375.00 $225.00 In Reference To: Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Expenses) 08/25/16 DC Knox - Filing of Notice of Errata to Decl. of Rod Kagan... 1.00 105.40 $105.40 09/16/16 DC Fee for parking for CMC 1.00 20.00 $20.00 Total Hours: 30.30 Total Services: $10,867.50 Total Expenses: $125.40 Total Invoice Amount: $10,992.90 Previous Balance: $17,500.00 Total Amount Due: $28,492.90 Professional Summary Details Professional Hrs Rate Amount Bryan Mashian 3.50 @ 525.00 1,837.50 Laura Stanton 22.80 @ 375.00 8,550.00 Meagan Thompson-Mann 4.00 @ 120.00 480.00 Page: 2 of 2 20f2 10/6/2016 12:53 PM Mashian Law Group APC November 3, 2016 Via email Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: October 2016 Statement of Services Dear Rod: Enclosed is our statement of charges for legal services for the month of October 2016 regarding claims against Jed Mark Kagan and G. Kagan and Sons Inc. in the amount of $243.75. Your total balance due and owing is $28,736.65. Very truly yours, MASHIAN LAW GROUP, A Professional Corporation wo A ; ; Bryan Mashian TeLpuone 310-207-1464 Email. Bryan @MasuianLaw.com Fax 310-207-1466 11726 San Vicente BLvp. Suite #290 Los ANGELES, CALIFORNIA 90049 https://fcsecure ebillity.com/Firm4.0/Invoice/Prebill.aspx 7PageOrigi... XtraExport Mashiz Mashian Law Group Zasan 11726 San Vicente Blvd., Suite #290 Law Group Los Angeles, CA 90049 Phone: 310-207-1464 Invoice submitted to: Invoice # 13029 Rod Kagan - 0507 unl De Brrr Los Angeles, CA 90064 — Date By Service Summary Hours/Qty Rate Amount In Reference To: Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Professional Services) 10/01/16 BM Email correspondence with client 0.25 525.00 $131.25 10/03/16 LS Review e-mails regarding Rod’s employment of a forensic accountant 0.10 375.00NC $0.00 10/06/16 LS Exchange multiple e-mails with Weiss’s office regarding Jed's 0.10 375.00 $37.50 deposition 10/14/16 LS Draft e-mail to Weiss regarding stipulating to re-adding Kagan & Sons 0.10 375.00NC $0.00 as a party 10/27/16 LS Review e-mail from Bryan to David Bell 0.10 375.00NC $0.00 10/30/16 LS Draft e-mail to Rod regarding forensic expert 0.10 375.00NC $0.00 10/30/16 LS Draft e-mail to David Bell answering his questions 0.20 375.00 $75.00 Total Hours: 0.95 Total Services: $243.75 Total Invoice Amount: $243.75 Previous Balance: $28,492.90 Total Amount Due: $28,736.65 Professional Summary Details Professional Hrs Rate Amount Bryan Mashian 0.25 @ 525.00 131.25 Laura Stanton 0.30 @ 375.00 112.50 Laura Stanton 0.40 @ N/C 0.00 Page: 1 of 1 10f1l 11/3/2016 1:01 PM Mashian Law Group APC December 2, 2016 Via email Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: November 2016 Statement of Services Dear Rod: Enclosed is our statement of charges for legal services for the month of November 2016 regarding claims against Jed Mark Kagan and G. Kagan and Sons Inc. in the amount of $1,087.50. Thank you for your payment of $5,000.00. Your total balance due and owing is $24,824.15. Very truly yours, MASHIAN LAW GROUP, A Professional Corporation By Nh A -. 7 ; Bryan Mashian TeLenone 310-207-1464 Ema. Bryan@MasuianLaw.com Fax 310-207-1466 11726 San Vicente BLvp. Suite #290 Los ANGeLEs, CALIFORNIA 90049 XtraExport Mashian Mashian Law Group vlasnic . . 11726 San Vicente Blvd., Suite #290 Law Group Los Angeles, CA 90049 Phone: 310-207-1464 Invoice submitted to: Invoice # 13151 Rod Kagan 5 Invoice Date: 12/01/16 10507 Dunleer Drive z I. © TT ervices Thru: Los Angeles, CA 90064 Date By Service Summary Hours/Qty Rate Amount In Reference To: Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Professional Services) 11/09/16 LS Telephone conference with Weiss regarding extension of time to 0.50 375.00 $187.50 correct deposition transcript of Rod Kagan and stipulation to add the Company back in as a party 11/09/16 LS Telephone conference with Rod regarding status of hiring forensic 0.10 375.00 $37.50 accountant 11/10/16 BM Email correspondence with Jeff Brandlin 0.25 525.00NC $0.00 11/13/16 LS Review e-mail from David Bell regarding his engagement as forensic 0.10 375.00 $37.50 accountant 11/17/16 LS Review e-mail exchange between David Bell and client re his 0.10 375.00NC $0.00 engagement as forensic accountant 1/17716 LS Review Jed Kagan's discovery responses; telephone conference with 0.40 375.00 $150.00 Robert Weiss regarding production of additional documents 11/17/16 LS Review e-mail David Bell response re engagement as forensic 0.10 375.00NC $0.00 accountant 1122/16 LS Review Rod Kagan’s deposition transcript regarding need for 1.80 375.00 $675.00 deposition corrections Total Hours: 3.35 Total Services: $1,087.50 Total Invoice Amount: $1,087.50 Previous Balance: $28,736.65 Payments/Adjustments: $-5,000.00 Total Amount Due: $24,824.15 Payments/Adjustments Detail Date Transaction Type Description Amount 11/08/2016 Payment -5,000.00 Professional Summary Details Professional Hrs Rate Amount Bryan Mashian 0.25 @ N/C 0.00 Laura Stanton 2.90 @ 375.00 1,087.50 Laura Stanton 0.20 @ N/C 0.00 Page: | of | lof https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx ?PageOrigi... 12/2/2016 2:34 PM Mashian Law Group APC January 10, 2017 Via email Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: December 2016 Statement of Services Dear Rod: Enclosed is our statement of charges for legal services for the month of December 2016 regarding claims against Jed Mark Kagan and G. Kagan and Sons Inc. in the amount of $1,971.91. Thank you for your payment of $5,000.00. Your total balance due and owing is $21,796.06. Very truly yours, MASHIAN LAW GROUP, A Professional Corporation Al ; Bryan Mashian TerrHonE 310-207-1464 Ema, BRyAN@MasHianLaw.com Fax 310-207-1466 11726 San VIcenTE BLvp. Suite #290 Los ANGELES, CALIFORNIA 90049 XtraExport https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx ?PageOrigi... Mashian Mashian Law Group Law Crone 11726 San Vicente Blvd., Suite #290 Law roup Los Angeles, CA 90049 oo Phone: 310-207-1464 Invoice submitted to: Invoice # 13215 Rod Kagan . Invoice Date: 17 10507 Dunleer Drive s nvoice _- an ervices Thru: Los Angeles, CA 90064 Date By Service Summary Hours/Qty Rate Amount In Reference To: Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Professional Services) 12/01/16 LS Review Brandlin Engagement Letter 0.10 375.00NC $0.00 12/05/16 LS Telephone conference with Weiss regarding execution of Rod Kagan'’s 0.10 375.00NC $0.00 deposition transcript; documents which Jed represented would be produced in response to Rod’s discovery requests; stipulation regarding amendment to complaint 12/06/16 MT Telephone conference with court to reserve date for motion for leave to 0.25 120.00NC $0.00 amend 12/06/16 LS Review Jed’s discovery responses; draft e-mail to Weiss regarding 0.50 375.00 $187.50 documents which Jed represented would be produced 12/07/16 LS Review e-mail from Weiss regarding deposition of Ms. Vanderstrom 0.10 375.00 $37.50 12/08/16 LS Review list from David Bell regarding additional documents needed 0.90 375.00 $337.50 from Jed; draft second set of document requests to Jed based upon David Bell's list 12/09/16 MT Preparation of Second Set of Document Requests to Jed Kagan 0.50 120.00 $60.00 12/09/16 LS Telephone conference with David Bell regarding status and strategy 0.20 375.00 $75.00 12/09/16 LS Draft e-mail to Weiss regarding additional documents needed by our 0.10 375.00 $37.50 forensic accountant 12/22/16 LS Draft follow-up e-mail to Weiss regarding additional documents 0.10 375.00 $37.50 needed by our forensic accountant and documents Jed represented would be produced in response to Rod’s discovery requests 12/29/16 LS Draft First Amended Complaint 0.50 375.00 $187.50 12/30/16 MT Research timing of service of motion for summary judgment papers 0.25 120.00 $30.00 12/30/16 MT Email correspondence with opposing counsel re motion for summary 0.25 120.00 $30.00 judgment paperwork 12/30/16 MT Preparation of First Amended Complaint 2.00 120.00 $240.00 12/30/16 MT Preparation of FAC for filing and service 0.75 120.00 $90.00 12/30/16 LS Draft Motion for Leave to File First Amended Complaint; research re 1.60 375.00 $600.00 same; draft Declaration of Laura K. Stanton in Support of Motion In Reference To: ~~ Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Expenses) 12/09/16 GH FedEx documents to Robert Peter Weiss, Esq 1.00 2191 $21.91 Page: 1 of 2 1of2 1/10/2017 11:30 AM XtraExport 20f2 Payments/Adjustments Detail Date Transaction Type Description 12/21/2016 Payment Professional Summary Details Professional Laura Stanton Laura Stanton Meagan Thompson-Mann Meagan Thompson-Mann Hrs 4.00 0.20 3.75 0.25 Rate @ 375.00 @ N/C @ 120.00 @ N/C https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx 7PageOrigi... Total Hours: Total Services: Total Expenses: Total Invoice Amount: Previous Balance: Payments/Adjustments: Total Amount Due: Amount -5,000.00 Amount 1,500.00 0.00 450.00 0.00 8.20 $1,950.00 $21.91 $1,971.91 $24,824.15 $-5,000.00 $21,796.06 Page: 2 of 2 1/10/2017 11:30 AM Mashian Law Group APC February 21, 2017 Via email Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: January 2017 Statement of Services Dear Rod: Enclosed is our statement of charges for legal services for the month of January 2017 regarding claims against Jed Mark Kagan and G. Kagan and Sons Inc. in the amount of $8,510.25. Thank you for your payment of $5,000.00. Your total balance due and owing is $25,306.31. Very truly yours, MASHIAN LAW GROUP, A Professional Corporation o A 7 ; Bryan Mashian TerpHoNe 310-207-1464 Ema. BryaN@M asHiaNL aw.com Fax 310-207-1466 11726 San Vicente BLvp. Sure #290 Los ANGELES, CaLiFornia 90049 XtraExport https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx ?PageOrigi... Masia Mashian Law Group —_— 11726 San Vicente Blvd., Suite #290 Law Group Los Angeles, CA 90049 oo Phone: 310-207-1464 Invoice submitted to: Invoice # 13349 Rod Kagan 10507 Dunleer Drive qmoiee poe: pe €rvices ru: fe Los Angeles, CA 90064 Date By Service Summary Hours/Qty Rate Amount In Reference To: Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Professional Services) 01/04/17 MT Email correspondence with opposing counsel re: obtaining electronic 0.25 120.00 $30.00 versions of discovery requests from defendant 01/04/17 MT Telephone conference with court re reservation for motion for leave to 0.25 120.00 $30.00 ° amend 01/05/17 MT Review of defendant's motion for summary judgment documentation 0.25 120.00 $30.00 01/05/17 LS Review Jed Kagan’s Motion for Summary Judgment; draft e-mails to 0.30 375.00 $112.50 Rod Kagan and David Bell re same 01/06/17 MT Review notice of deposition of Azucena Vanerstrom 0.25 120.00 $30.00 01/13/17 LS Prepare for, travel to and attend deposition of Azucena Vanderstrom in 4.20 375.00 $1,575.00 Pasadena 01/16/17 LS Draft e-mail to David Bell and client regarding results of Ms. 0.20 375.00 $75.00 Vanderstrom’s deposition 01/18/17 MT Preparation of verification for corporate dissolution cause of action in 0.50 120.00 $60.00 FAC 01/20/17 MT Preparation of reply in support of motion for leave to amend 0.25 120.00 $30.00 01/22/17 LS Review Jed’s opposition to motion for leave to amend; Draft Reply in 2.80 375.00 $1,050.00 support of Motion for Leave to Amend; research re same; commencing draft supplemental declaration of Laura Stanton in support of motion for leave to amend 01/23/17 MT Email correspondence with client re: verification for dissolution cause 0.25 120.00 $30.00 of action 01/23/17 MT Preparation of reply in support of motion for leave to amend for filing 0.50 120.00 $60.00 and service 01/23/17 LS Finalize Reply Brief in support of Motion for Leave to Amend 0.50 375.00 $187.50 01/24/17 BM Attendance at office meeting with client to discuss status and strategy 1.50 525.00 $787.50 0124/17 LS Telephone conference with Bryan and Rod re strategy 0.60 375.00 $225.00 01/25/17 LS Draft meet and confer letter to Weiss regarding Jed’s failure to respond 0.50 375.00 $187.50 or produce documents in response to Plaintiff’s Second Set of Document Requests 01/26/17 LS Draft follow up e-mail to Weiss regarding Jed’s failure to provide 0.10 375.00 $37.50 responses to Plaintiff’s Second Set of Document Requests or to produce the requested documents 01/27/17 LS Draft ex parte notice to Weiss regarding Plaintiff’s ex parte application 0.10 375.00 $37.50 with respect to Jed’s failure to provide responses to Plaintiff’s Second Set of Document Requests or to produce the requested documents Page: 1 of 3 1 of 3 2/21/2017 10:26 AM XtraExport 20f3 https://fcsecure ebillity.com/Firm4.0/Invoice/Prebill.aspx ?PageOrigi... Date By Service Summary Hours/Qty Rate Amount 01/27/17 LS Review letter from Weiss regarding deposition dates for Jed Kagan’s 0.20 375.00 $75.00 deposition; draft responding e-mail; exchange further e-mails with Weiss in which he refuses to respond regarding the document issues 0127/17 LS Exchange e-mails re status with David Bell 0.10 375.00NC $0.00 01/27/17 LS Telephone conference with Marla Rhoades, Weiss’ assistant, regarding 0.10 375.00 $37.50 Jed’s failure to respond to Plaintiff’s document requests 01/28/17 LS Draft Ex Parte Application to Compel Jed’s Responses to Document 3.80 375.00 $1,425.00 Requests and the immediate production of documents; research re same; draft declaration of Laura K. Stanton in support, identify and describe multiple exhibits and attempts to obtain Jed’s compliance 01/29/17 MT Preparation of ex parte application for order to compel Jed Kagan's 1.75 120.00 $210.00 response and production of documents and set a date for Jed's depo (multiple versions) 01/29/17 LS Review flurry of e-mails and attached documents from Weiss 0.50 375.00 $187.50 purporting to be responsive to Plaintiff’s document requests; revise Stanton Declaration regarding the Document Requests 01/30/17 MT Preparation of Doe amendment for filing directly with department per 0.50 120.00 $60.00 order of judge at Motion for Leave to Amend hearing 01/30/17 MT Telephone conference with Kelli Norden re: setting up Jed Kagan depo 0.25 120.00 $30.00 on2/8 01/30/17 MT Preparation of Notice of Ruling on Ex Parte Application for Motion for 0.50 120.00 $60.00 Leave to Amend and Compel Responses to Discovery 01/30/17 MT Preparation of notice of amended Jed deposition 0.25 120.00 $30.00 01/30/17 LS Prepare for, travel to and attend hearing on Motion for Leave to Amend 3.80 375.00 $1,425.00 to add Corporation back into the case as Defendants and hearing on Ex Parte Application to Compel Jed’s Deposition and the production of all responsive documents 01/31/17 MT Preparation, filing and service of notice of ruling on Motion for Leave 0.50 120.00 $60.00 to Amend Ex Parte Application In Reference To: Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Expenses) 12/30/16 GH FedEx documents to Robert Peter Weiss, Esq. 1.00 22.25 $22.25 01/23/17 GH FedEx documents to Robert Peter Weiss 1.00 23.50 $23.50 01/24/17 GH Knox - Filing of Motion for Leave to Amend to Reinstate 1.00 112.50 $112.50 01/25/17 GH Knox - Filing of Reply In Support Of Motion For Leave to Amend.... 1.00 93.50 $93.50 01/30/17 GH Fee for Ex Parte Application to Compel discovery 1.00 60.00 $60.00 01/31/17 GH FedEx documents to Robert Peter Weiss, Esq. 1.00 23.50 $23.50 Total Hours: 25.55 Total Services: $8,175.00 Total Expenses: $335.25 Total Invoice Amount: $8,510.25 Previous Balance: $21,796.06 Payments/Adjustments: $-5,000.00 Total Amount Due: $25,306.31 Payments/Adjustments Detail Date Transaction Type Description Amount Page: 2 of 3 2/21/2017 10:26 AM XtraExport 3of3 01/25/2017 Payment Professional Summary Details Professional Bryan Mashian Laura Stanton Laura Stanton Meagan Thompson-Mann Hrs 1.50 17.70 0.10 6.25 Rate @ 525.00 @ 375.00 @ N/C @ 120.00 https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill. aspx ?PageOrigi... Amount 787.50 6,637.50 0.00 750.00 -5,000.00 Page: 3 of 3 2/21/2017 10:26 AM Mashian Law Group APC March 8, 2017 Via email Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: February 2017 Statement of Services Dear Rod: Enclosed is our statement of charges for legal services for the month of February 2017 regarding claims against Jed Mark Kagan and G. Kagan and Sons Inc. in the amount of $12,823.66. Your total balance due and owing is $38,129.97. Very truly yours, MASHIAN LAW GROUP, A Professional Corporation wo A ; ; Bryan Mashian TeLenone 310-207-1464 Email. BrYAN@MasHIANL Aw.coM Fax_ 310-207-1466 11726 SaN Vicente BLvp. Suite #290 Los AnceLes, CALIFORNIA 90049 XtraExport 1of3 https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx ?PageOrigi... Mashi Mashian Law Group ashian 11726 San Vicente Blvd., Suite #290 Law Group Los Angeles, CA 90049 Phone: 310-207-1464 Invoice submitted to: Date In Reference To: 02/02/17 02/02/17 02/02/17 02/02/17 02/03/17 02/03/17 02/03/17 02/03/17 02/03/17 02/06/17 02/06/17 02/06/17 02/06/17 02/06/17 02/06/17 02/07/17 02/07/17 02/07/17 02/07/17 02/07/17 02/08/17 Invoice # 13404 Invoice Date: 03/01/17 Services Thru: 02/28/17 Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 By Service Summary Hours/Qty Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Professional Services) MT Preparation of Notice and Acknowledgment of Receipt 0.25 BM Email correspondence with client 0.25 LS Exchange e-mails with Robert Weiss regarding settlement 0.10 LS Revise Notice and Acknowledgement of Receipt of Service of Doe 0.10 Amended Complaint MT Preparation of Notice and Acknowledgment of Receipt for service by 0.50 Fedex; service of same with accompanying documents BM Email correspondence with client and Jed's lawyer 0.25 LS Draft e-mail to Rod regarding up coming deadlines and need to resolve 0.10 settlement issues; review letter from Robert Weiss re Jed’s deposition LS Draft e-mail to Robert Weiss re Jed’s deposition and production of 0.10 documents LS Lengthy telephone conference with Rod re dismissal of entire case; 0.90 draft e-mail re same MT Review case status, including proposal to dismiss claims with prejudice 0.25 MT Research definition of favorable termination for purposes of potential 0.25 malicious prosecution MT Preparation of expert witness demand to be served on defendant; filing 0.75 and service thereof MT Preparation of verification for corporate dissolution cause of action 0.25 LS Draft e-mail regarding status and strategy 0.20 LS Review Jed's responses to document requests and documents produced 0.60 MT Preparation of documents needed for deposition of Jed Kagan on 6.25 2/8/2017 BM Attendance at office meeting with client 1.00 LS Research regarding buy-out process under Corporations Code §§1800 0.80 and 2000 LS Prepare for Jed's deposition; review 2 additional batches of thousands 1.90 of documents produced by Jed in preparation for Jed’s deposition LS Telephone conference with Rod and Bryan regarding strategy and 0.30 Rod’s decision to proceed with Jed’s deposition on February 8, 2017 MT Travel to and from Kelli Norden to deliver documents needed for 1.00 deposition Rate 120.00 525.00 375.00 375.00 120.00 525.00 375.00 375.00 375.00 120.00 120.00 120.00 120.00 375.00 375.00 120.00 525.00 375.00 375.00 375.00 120.00 Amount $30.00 $131.25 $37.50 $37.50 $60.00 $131.25 $37.50 $37.50 $337.50 $30.00 $30.00 $90.00 $30.00 $75.00 $225.00 $750.00 $525.00 $300.00 $712.50 $112.50 $120.00 Page: | of 3 3/8/2017 9:05 AM XtraExport 20f3 Date 02/08/17 02/08/17 02/08/17 02/08/17 02/09/17 02/09/17 02/09/17 02/09/17 02/10/17 02/10/17 02/13/17 02/13/17 02/14/17 02/15/17 02/15/17 02/15/17 02/16/17 02/17/17 02/17/17 02/20/17 02/22/17 02/23/17 02/23/17 02/23/17 02/24/17 02/24/17 02/24/17 02/27/17 02/27/17 02/27/17 By MT MT BM LS MT MT BM BM LS BM LS LS MT MT L h LS BM MT BM LS MT MT MT MT BM LS https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx ?PageOrigi... Service Summary Preparation of documents (including summons) for service on Kagan & Sons, Inc. Preparation of proof of service of summons, etc. on G. Kagan & Sons Attendance at office meeting with client Prepare for, travel to and take Jed’s deposition Preparation and filing of proof of service of summons on G. Kagan and Sons, Inc Email correspondence with opposing counsel re: filing of proof of service with court Attendance at office meeting with client and Email correspondence with client Review e-mail from Rod Attendance at office meeting with client Review letters and e-mails from Weiss regarding communications between Rod and Jed and respond to same Attendance at office meeting with client Review further documents produced by Jed Review over 400 additional documents produced by Jed Obtain minute order from 1/31/2017 ex parte re motion to compel Telephone conference with Department 62 re taking motion to compel off calendar Review Jed’s Opposition to the Motion to Compel Production of Documents; exchange e-mails with Weiss regarding the hearing on the Motion to Compel Exchange e-mails with Weiss regarding Jed’s $100,000 buy-out offer Review Weiss’ letter and proposed Stipulation excusing the Company from appearing in the case Draft notice to the Court that the parties do not agree upon the fair market value of Rod’s share of the Company Legal research regarding the rights of shareholders to buy out each other Exchange e-mails with Rod regarding his communications with Jed Review Request for Dismissal Email correspondence with client Draft letter to Rod regarding withdrawal as counsel, dismissal of causes of action, communications with Jed and rejection of Jed’s buy- out offer Preparation of Notice of Parties’ Inability to Agree upon Fair Market Value of Plaintiff's Shares of Defendant Corporation Preparation of substitution of attorney Preparation of two versions of requests for dismissal Correspondence with client re: confirmation by client to dismiss causes of action Attendance at office conference with client Draft response to Jed’s Motion for Summary Judgment or in the Alternative Motion for Summary Adjudication Hours/Qty 0.50 0.50 1.00 7.60 0.25 0.25 1.00 0.10 1.00 0.10 1.00 0.10 0.20 0.25 0.25 0.20 0.10 0.10 0.10 0.50 0.20 0.25 0.50 0.50 0.50 0.50 0.50 0.25 1.00 0.50 Rate 120.00 120.00 525.00 375.00 120.00 120.00 525.00 375.00NC 525.00 375.00 525.00 375.00 375.00 120.00 120.00 375.00 375.00 375.00 375.00 525.00 375.00 120.00 525.00 375.00 120.00 120.00 120.00 120.00 525.00 375.00 Amount $60.00 $60.00 $525.00 $2,850.00 $30.00 $30.00 $525.00 $0.00 $525.00 $37.50 $525.00 $37.50 $75.00 $30.00 $30.00 $75.00 $37.50 $37.50 $37.50 $262.50 $75.00 $30.00 $262.50 $187.50 $60.00 $60.00 $60.00 $30.00 $525.00 $187.50 Page: 2 of 3 3/8/2017 9:05 AM XtraExport https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx?PageOrigi... Date By Service Summary Hours/Qty Rate Amount 02/28/17 MT Preparation, filing and service of Request for Dismissal and Notice of 0.75 120.00 $90.00 Inability to Agree upon Fair Market Value 02/28/17 MT Preparation, filing and service of 0.75 120.00 $90.00 02/28/17 BM Correspondence with Jed's attorney regarding settlement 1.00 525.00 $525.00 02/28/17 LS Review request for dismissal and notice of inability to agree on fair 0.10 375.00NC $0.00 market value 02/28/17 LS Analysis of settlement demand to be made to Jed 0.10 375.00 $37.50 In Reference To: Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Expenses) 02/14/17 GH Delivery of Documents to Kagan Matter at Kelli Nordon 1.00 12.51 $12.51 02/15/17 GH Document download from LASC on Minute Order 1.00 2.00 $2.00 02/21/17 GH KNA - Orignal and Cert Copy of Transcript of Jed Kagan 1.00 959.15 $959.15 Total Hours: 38.60 Total Services: $11,850.00 Total Expenses: $973.66 Total Invoice Amount: $12,823.66 Previous Balance: $25,306.31 Total Amount Due: $38,129.97 Professional Summary Details Professional Hrs Rate Amount Bryan Mashian 8.50 @ 525.00 4,462.50 Laura Stanton 14.90 @ 375.00 5,587.50 Laura Stanton 0.20 @ NIC 0.00 Meagan Thompson-Mann 15.00 @ 120.00 1,800.00 Page: 3 of 3 30f3 3/8/2017 9:05 AM Mashian Law Group APC April 18, 2017 Via email Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: March 2017 Statement of Services Dear Rod: Enclosed is our statement of charges for legal services for the month of March 2017 regarding claims against Jed Mark Kagan and G. Kagan and Sons Inc. in the amount of $4,743.50. Your total balance due and owing is $42,873.47. Very truly yours, MASHIAN LAW GROUP, A Professional Corporation wo A ; ; Bryan Mashian Terpuone 310-207-1464 Eman. BrRyan@MasuianLaw.com Fax 310-207-1466 11726 San Vicente BLvp. Suite #290 Los ANGeLEs, CALIFORNIA 90049 XtraExport https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx ?PageOrigi... Mashian Mashian Law Group rn 11726 San Vicente Blvd., Suite #290 Law Group Los Angeles, CA 90049 Phone: 310-207-1464 Invoice submitted to: Invoice # 13553 Rod Kagan 10507 Dunleer Drive ores Dae an - ervices Thru: Los Angeles, CA 90064 Date By Service Summary Hours/Qty Rate Amount In Reference To: Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Professional Services) . 03/06/17 BM Email correspondence with attorney for Jed regarding response to 0.50 525.00 $262.50 settlement offer of $750,000; Email correspondence with client 03/06/17 LS Review Weiss’ letter regarding valuation of the company 0.10 375.00 $37.50 03/08/17 BM Telephone conference with Robert Weiss regarding settlement 0.50 525.00 $262.50 03/14/17 MT Preparation of Errata to Dismissal 0.75 120.00 $90.00 03/14/17 LS Review Jed’s Ex Parte Notice to fix the value of the Company at 3.10 375.00 $1,162.50 $200,000; draft letter to Weiss; review Jed’s Ex Parte Application to fix value of case; draft Declaration of Laura K. Stanton in Opposition to Jed’s Ex Parte Application and analyze and select relevant portions of Jed’s Deposition testimony and Azucena Vanderstrom reports showing Jed’s average of misappropriating $133,000 per year 03/14/17 LS Draft Opposition to Jed’s Ex Parte Application; research re same 2.30 375.00 $862.50 03/15/17 LS Prepare for, travel to and attend hearing on Jed’s Motion for Summary 4.70 375.00 $1,762.50 Judgment and Jed’s Ex Parte Application; pursuant to Court Order, jointly arrange for Mandatory Settlement Conference with Weiss in LASC Dept. 18 03/17/17 LS Draft e-mail to Rod regarding his required attendance at Mandatory 0.20 375.00 $75.00 Settlement Conference (“MSC”) 03/20/17 LS Review communication from Court regarding MSC; send e-mail to 0.10 375.00NC $0.00 Rod In Reference To: Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Expenses) 02/28/17 BG FedEx documents to Robert Peter Weiss, Esq. 1.00 23.50 $23.50 03/14/17 BG Knox - Filing of Request for dismissal 1.00 92.50 $92.50 03/15/17 LS Parking for hearing on Jed’s Motion for Summary Judgment and Ex 1.00 20.00 $20.00 Parte Application 03/29/17 BG Knox - Filing of Response to motion for summary judgment 1.00 92.50 $92.50 Total Hours: 12.25 Total Services: $4,515.00 Total Expenses: $228.50 Total Invoice Amount: $4,743.50 Previous Balance: $38,129.97 Total Amount Due: $42,873.47 Page: | of 2 lof2 4/17/2017 11:20 AM XtraExport 20f2 Professional Summary Details Professional Bryan Mashian Laura Stanton Laura Stanton Meagan Thompson-Mann 1.00 10.40 0.10 0.75 Rate @ 525.00 @ 375.00 @ N/C @ 120.00 https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx 7PageOrigi... Amount 525.00 3,900.00 0.00 90.00 Page: 2 of 2 4/17/2017 11:20 AM A N nn Bk W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT C PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION : ® ® MC-050 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): | Rod Kagan, Pro Per 10507 Durleer Dr. Los Angeles, CA 90064 TecepHoneno: (818) 505-2662 E-MAIL ADDRESS (Optional): ATTORNEY FOR [Neme): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: CASE NAME: 111 North Hill Street 111 North Hill Street Los Angeles, CA 90012 Stanley Mosk Courthouse Rod Kagan v. Jed Kagan, et al. FOR COURT USE ONLY FILED oma s oro Co { L oS I angeles APR 18 2017 Alive o! wicer/Clark gherti B. Cane, A eouty By. Jonny Chea SUBSTITUTION OF ATTORNEY—CIVIL (Without Court Order) CASE NUMBER: BC 619723 THE COURT AND ALL PARTIES ARE NOTIFIED THAT {name): Rod Kagan GE makes the following substitution: 1. Former legal representative [| Party represented self [X] Attorney (name):Mashian Law Group, APC 2. New legal representative [X] Party is representing sel" [__] Attorney a. Name: b. State Bar No. (if applicable): c. Address (number, street, city, ZIP, and law firm name, if applicable): 10507 Dunleer Dr., Los Angeles, CA 90064, Phone: (818) 505-2662 . d. Telephone No. (include area code): 3. The party making this substitution is a plaintiff [_]defendant [] petitioner [J respondent [J other (specify): *NOTICE TO PARTIES APPLYING TO REPRESENT THEMSELVES RECEIVED » Guardian « Personal Representative « Guardian ad litem » Conservator + Probate fiduciary + Unincorporated APR 18 2017 « Trustee + Corporation association If you are applying as one of the parties on this list, you may NOT act as your own attorney in mgs to substitute one attorney for another attorney. SEEK LEGAL ADVICE BEFORE APPLYING TO REPRESENT YOURSELF. teibdEEUdé INEGI ¥ \NOTICE TO PARTIES WITHOUT ATTORNEYS A party representing himself or herself may wish to seek legal assistance, Failure to take timely and appropriate action in this case may result in serious legal conseguences. Ye 4. | consent fo this sybstitution. Daf. Mazch®), 2017 Rod Kagan {TYPE OR PRINT NAME) 5. | consent to this substitution. Date: Ap nt (MY 212 Mashian Law Group, ARC ~ i = (TYPE OR PRINT NAME) TE ye oe 63 [J i consent to this substitution. "Date: p (TYPE OR PRINT NAME) (See reverse for proof of service by mail) Form Adopted For Mandatory Use Judicial Council of California MC-050 |Rav. January 1, 2009] (Without Court Order) SUBSTITUTION OF ATTORNEY—CIVIL £gal (SIGNATURE OF FORMER ATTORNEY) (SIGNATURE OF NEW ATTORNEY) Page 1 of 2 Code of Civil Procedure, §§ 284(1), 285; Cal. Rules of Court, rule 3.1362 Sous - A N nn Bk W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT D PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION Mashian Law Group APC May 5, 2017 Via email Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: April 2017 Statement of Services Dear Rod: Enclosed is our statement of charges for legal services for the month of April 2017 regarding claims against Jed Mark Kagan and G. Kagan and Sons Inc. in the amount of $0.00. As a courtesy to you, some charges were waived for some legal services, which are shown as “NC” on the enclosed invoice. Your total balance due and owing is $42,873.47. Very truly yours, MASHIAN LAW GROUP, A Professional Corporation wo A A 7 Bryan Mashian TeLpone 310-207-1464 Ema Bryan@MasHianLaw.com Fax 310-207-1466 11726 SaN Vicente Brvp. Surte #290 Los ANGELEs, CALIFORNIA 90049 XtraExport https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx ?PageOrigi... . Mashian Law Group Mashian . . a 11726 San Vicente Blvd., Suite #290 Law Group Los Angeles, CA 90049 Phone: 310-207-1464 Invoice submitted to: Invoice # 13643 Rod Kagan s Invoice Date: 10507 Dunleer Drive goles Dae oy - ervices Thru: Los Angeles, CA 90064 Date By Service Summary Hours/Qty Rate Amount In Reference To: Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Professional Services) 04/03/17 MT Preparation of Notice of MSC for filing and service 0.50 120.00NC $0.00 04/03/17 MT File and serve Notice of Mandatory Settlement Conference 0.25 120.00NC $0.00 04/03/17 LS Revise Notice of Ruling regarding MSC 0.10 375.00NC $0.00 04/14/17 MT Preparation, filing and service of substitution of attorney 0.25 120.00NC $0.00 Total Hours: 1.10 Total Invoice Amount: $0.00 Previous Balance: $42,873.47 Total Amount Due: $42,873.47 Professional Summary Details Professional Hrs Rate Amount Laura Stanton 0.10 @ N/C 0.00 Meagan Thompson-Mann 1.00 @ N/C 0.00 Page: 1 of | lof 1 5/5/17, 2:17 PM Mashian Law Group APC June 6, 2017 Via email Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: May 2017 Reminder Statement Dear Rod: As a courtesy this is a reminder statement that you currently have a balance due of $42,873.47 for legal services rendered regarding claims against Jed Mark Kagan and G. Kagan and Sons Inc. If you have any questions please feel free to contact me at (310) 207-1464 ext. 1 Very truly yours, MASHIAN LAW GROUP, A Professional Corporation ; C Bryan Mashian TeLpHONE 310-207-1464 Ema. BRYAN@ MASHIANL AW.cOM Fax 310-207-1466 11726 San Vicente BLvp. Suite #290 Los ANGELES, CaLirornia 90049 Mashian Law Group APC July 11, 2017 Via email Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: June 2017 Reminder Statement Dear Rod: As a courtesy this is a reminder statement that you currently have a balance due of $42,873.47 for legal services rendered regarding claims against Jed Mark Kagan and G. Kagan and Sons Inc. If you have any questions please feel free to contact me at (310) 207-1464 ext. 1 Very truly yours, MASHIAN LAW GROUP, A Professional Corporation 7 ; Bryan Mashian TeLpHoNe 310-207-1464 Email BrRyAN@MasHIANL AW .cOM Fax 310-207-1466 11726 San Vicente Brvp. Suite #290 Los ANGELES, CALIFORNIA 90049 Mashian Law Group APC October 10, 2017 Via email Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: September 2017 Reminder Statement Dear Rod: As a courtesy this is a reminder statement that you currently have a balance due of $42,873.47 for legal services rendered regarding claims against Jed Mark Kagan and G. Kagan and Sons Inc. If you have any questions please feel free to contact me at (310) 207-1464 ext. 1 Very truly yours, MASHIAN LAW GROUP, A Professional Corporation WA Bryan Mashian TeLpaoNe 310-207-1464 EMAL BRYAN@ MasHIANLAW.cOM Fax 310-207-1466 11726 San Vicente BLvp. Suite #290 Los ANGELES, CaLiFornia 90049 Mashian Law Group APC January 16, 2018 Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: December 2017 Reminder Statement Dear Rod: This is a reminder statement that you currently have a principal balance due of $42,873.47 for legal services rendered regarding claims against Jed Mark Kagan and G. Kagan and Sons Inc. If you have any questions please feel free to contact me at (310) 207-1464 ext. 1 Very truly yours, MASHIAN LAW GROUP, A Professional Corporation ’ Bryan Mashian TeLpHoNE 310-207-1464 Ema. BRYAN@ MASHIANL AW.cOM Fax 310-207-1466 11726 San Vicente BLvp. Suite #290 Los ANGELES, CaLirornia 90049 Mashian Law Group APC November 19, 2018 Via email and US mail Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: September 2018 Outstanding Dear Mr. Kagan: As a reminder, please be advised that the balance due on your account is $42,873.47. Should you have any questions, feel free to call me at (310) 207-1464 Ext. 1. Very truly yours, MASHIAN LAW GROUP, A Professional Corporation ya Bryan Mashian A N nn Bk W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT E PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION Mashian Law Group APC April 18, 2017 Via email Mr. Rod Kagan 10507 Dunleer Drive Los Angeles, CA 90064 Re: March 2017 Statement of Services Dear Rod: Enclosed is our statement of charges for legal services for the month of March 2017 regarding claims against Jed Mark Kagan and G. Kagan and Sons Inc. in the amount of $4,743.50. Your total balance due and owing is $42,873.47. Very truly yours, MASHIAN LAW GROUP, A Professional Corporation wo A ; ; Bryan Mashian Terpuone 310-207-1464 Eman. BrRyan@MasuianLaw.com Fax 310-207-1466 11726 San Vicente BLvp. Suite #290 Los ANGeLEs, CALIFORNIA 90049 XtraExport https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx ?PageOrigi... Mashian Mashian Law Group rn 11726 San Vicente Blvd., Suite #290 Law Group Los Angeles, CA 90049 Phone: 310-207-1464 Invoice submitted to: Invoice # 13553 Rod Kagan 10507 Dunleer Drive ores Dae an - ervices Thru: Los Angeles, CA 90064 Date By Service Summary Hours/Qty Rate Amount In Reference To: Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Professional Services) . 03/06/17 BM Email correspondence with attorney for Jed regarding response to 0.50 525.00 $262.50 settlement offer of $750,000; Email correspondence with client 03/06/17 LS Review Weiss’ letter regarding valuation of the company 0.10 375.00 $37.50 03/08/17 BM Telephone conference with Robert Weiss regarding settlement 0.50 525.00 $262.50 03/14/17 MT Preparation of Errata to Dismissal 0.75 120.00 $90.00 03/14/17 LS Review Jed’s Ex Parte Notice to fix the value of the Company at 3.10 375.00 $1,162.50 $200,000; draft letter to Weiss; review Jed’s Ex Parte Application to fix value of case; draft Declaration of Laura K. Stanton in Opposition to Jed’s Ex Parte Application and analyze and select relevant portions of Jed’s Deposition testimony and Azucena Vanderstrom reports showing Jed’s average of misappropriating $133,000 per year 03/14/17 LS Draft Opposition to Jed’s Ex Parte Application; research re same 2.30 375.00 $862.50 03/15/17 LS Prepare for, travel to and attend hearing on Jed’s Motion for Summary 4.70 375.00 $1,762.50 Judgment and Jed’s Ex Parte Application; pursuant to Court Order, jointly arrange for Mandatory Settlement Conference with Weiss in LASC Dept. 18 03/17/17 LS Draft e-mail to Rod regarding his required attendance at Mandatory 0.20 375.00 $75.00 Settlement Conference (“MSC”) 03/20/17 LS Review communication from Court regarding MSC; send e-mail to 0.10 375.00NC $0.00 Rod In Reference To: Claims against Jed Mark Kagan and G. Kagan and Sons Inc (Expenses) 02/28/17 BG FedEx documents to Robert Peter Weiss, Esq. 1.00 23.50 $23.50 03/14/17 BG Knox - Filing of Request for dismissal 1.00 92.50 $92.50 03/15/17 LS Parking for hearing on Jed’s Motion for Summary Judgment and Ex 1.00 20.00 $20.00 Parte Application 03/29/17 BG Knox - Filing of Response to motion for summary judgment 1.00 92.50 $92.50 Total Hours: 12.25 Total Services: $4,515.00 Total Expenses: $228.50 Total Invoice Amount: $4,743.50 Previous Balance: $38,129.97 Total Amount Due: $42,873.47 Page: | of 2 lof2 4/17/2017 11:20 AM XtraExport 20f2 Professional Summary Details Professional Bryan Mashian Laura Stanton Laura Stanton Meagan Thompson-Mann 1.00 10.40 0.10 0.75 Rate @ 525.00 @ 375.00 @ N/C @ 120.00 https://fcsecure.ebillity.com/Firm4.0/Invoice/Prebill.aspx 7PageOrigi... Amount 525.00 3,900.00 0.00 90.00 Page: 2 of 2 4/17/2017 11:20 AM A N nn Bk W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT F PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 03: 03: 03: 04: 04: 04: 04: 04: 04: 04: 04: 04: 04: 04: 04: 04: 04: 04: 04: 04: 04: 04: 04: 04: 04: 49 53 56 01 04 06 06 06 14 15 17 18 20 24 25 27 27 32 33 33 33 37 37 37 41 © 00 N O U l bh W I N BH N N N N N N R E R R E P E R R P R R H R R R B U A W N K F H F O W O L N O U U P M W N L E R O DEPOSITION OF RODNEY KAGAN, VOL. 1 SO My BROTHER ASKED ME | F | WOULD BE OPEN TO ARBI TRATION. AND | AGREED TO ARBI TRATION. AND | VENT | NTO A MEETI NG WTH THE ARBI TRATOR. MY BROTHER VENT | NTO A MEETI NG W TH THE ARBI TRATOR. AND THEN THE ARBI TRATOR MADE A -- A DECI SI ON. MR. IGHANI: ARBITRATOR |S THE -- ( SPEAKI NG SI MULTANEQUSLY. ) THE DEPONENT: -- SO | GUESS IT WAS A MEDI ATION CASE. | TOLD YQU I'M NOT' A LAWER. BY MR. RAFAELOF: Q VHO WAS YOUR MEDI ATOR? A. HS NAME |S J EFF LEVIN. Q VHAT WERE THE TERM5 OF YOUR SETTLEMENT? MR. I GHANI : OBJ ECTI ON; RELEVANCE. THE DEPONENT: WHAT -- MR. IGHANI: | CAN'T ANSVER. YOU CAN ANSWER. THE DEPONENT: | CAN? OKAY. MR. IGHANI: | F YOU REMEMBER. THE DEPONENT: A LITTLE OVER A M LLI ON DOLLARS. BY MR. RAFAELOF: Q DD YOU RECEIVE A M LLI ON DOLLARS? 54 Kelli Norden and Associates C oO wrt Reporters 310.820.7733 phone 310.820.79%3 fax A 11835 W. Olympic Boulevard Suite 680E Los Angeles, California 90064 knaekellinorden.com www.kellinorden.com 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 04: 04: 04: 04: 04: 04: 04: 04: 05: 05: 05: 05: 05: 05: 05: 05: 05: 05: 05: 05: 05: 05: 05: 05: 05: 42 46 47 48 49 50 53 58 00 04 04 06 10 14 14 14 17 17 19 20 24 26 32 33 35 © 00 N O U l bh W I N BH RP H R B E R E R R R © O N O U A W N K F H O 20 21 22 23 24 25 DEPOSITION OF RODNEY KAGAN, VOL. 1 A. NO, NOT IN A LUMP SUM PAYABLE OVER TI ME. Q OVER HOW MANY YEARS? A. TEN. Q SO YOU' VE RECEI VED 100, 000 DOLLARS A YEAR FROM THAT SETTLEMENT AGREEMENT? MR. I GHANI: OBJ ECTI ON; RELEVANCE. THE DEPONENT: | WOULD SAY -- | WOULD SAY -- I'D SAY PROBABLY -- PROBABLY ABOUT 100 GRAND. BY MR. RAFAELOF: Q SO TO BE CLEAR, YOU ENTERED THE SETTLEMENT IN 2016; |S THAT CORRECT? MR. I GHANI : OBJ ECTI ON; ASSUMES FACTS NOT | N EVI DENCE. BY MR. RAFAELOF: Q EXCUSE ME. 20177 A. | DON'T HAVE THE DOCUMENTS | N FRONT OF ME. Q ARE YOU -- AND WAS TH S SETTLEMENT I NCLUDI NG YOU TO GO BACK TO WORK? A. NO. TH'S WAS TO BUY ME QUT COVPLETELY. Q AND YOU HAVE -- WHO VERE YOU RECEI VI NG PAYMENTS FROM? 55 Kelli Norden and Associates C oO wrt Reporters 310.820.7733 phone 310.820.79%3 fax A 11835 W. Olympic Boulevard Suite 680E Los Angeles, California 90064 knaekellinorden.com www.kellinorden.com 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 14: 05: 05: 05: 05: 05: 05: 05: 05: 05: 06: 06: 06: 06: 06: 06: 06: 06: 06: 06: 06: 06: 06: 06: 06: 06: 37 41 44 47 49 51 52 55 58 11 15 15 17 18 20 20 24 28 31 34 37 41 41 43 47 © 00 N O U l bh W I N BH RP H R B E R E R R R © O N O U A W N K F H O 20 21 22 23 24 25 DEPOSITION OF RODNEY KAGAN, VOL. 1 A. GOOD QUESTION. IT'S A GOOD QUESTION. IT'S EITHER My BROTHER DI RECTLY OR MY BROTHER'S HAVI NG THE COVPANY PAY ME. |'M NOT REALLY 100 PERCENT POsI TI VE. Q DD YOU RECEI VE THESE PAYMENTS MONTHLY? A. | DO. YEAH. THEY'RE -- WHAT DO YOU CALL IT? Di RECT DEPOSI TS. Q ALL RIGHT. DO YOU RECALL EVER -- HON DI D YOU REACH TH S SETTLEMENT AGREEMENT? MR. IGHANI : OBJ ECTI ON; ASKED AND ANSVEERED. THE DEPONENT: | ACTUALLY ANSWERED THAT ALREADY, BUT |'D BE HAPPY TO ANSVER | T AGAIN FOR YOU. | WOULD GO MEET WTH THE MEDI ATOR, PLEAD MY CASE. TH S IS ALL WTHOUT LAWERS. THEY VERE SAYI NG GO TO THE MEDI ATOR, PLEAD MY CASE ABOUT WHAT -- HOW MUCH | THOUGHT | DESERVED. AND OVER -- AND BECAUSE | WAS TOLD THAT | COULDN'T GET A LUMP SUM PAYMENT, WHAT WOULD | AGREE TO OVER TI ME. SO LIKE | SAID -- SO BASICALLY, IT CAME QUT TO BE ABOUT 100, 000 DOLLARS A YEAR, PAYABLE OVER TEN YEARS. AND THEN My BROTHER WOULD 56 Kelli Norden and Associates C oO wrt Reporters 310.820.7733 phone 310.820.79%3 fax A 11835 W. Olympic Boulevard Suite 680E Los Angeles, California 90064 knaekellinorden.com www.kellinorden.com ~N O Y a B A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY OVERNIGHT MAIL Section 1013c STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 11726 San Vicente Blvd., Suite 290, Los Angeles, California 90049. On February 14, 2019, I served the foregoing document described as PLAINTIFF MASHIAN LAW GROUP’S NOTICE OF MOTION AND MOTION FOR SUMMARY ADJUDICATION AGAINST DEFENDANT ROD KAGAN; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF BRYAN MASHIAN on interested parties as follows: Bruce H. Ighani, Esq. 800 W. 6th St., Suite 1410 Los Angeles, CA 90017 Bruce@nehmelawfirm.com By Electronic Mail. I electronically served the aforementioned party persuant to a stipulated agreement between both parties to accept service electronically. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on February 14, 2019 at Los Angeles, California. Jonathan Rafaelof Esq., PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION 11/21/2018 THIS IS YOUR CRS RECEIPT Reservation Printout-SC129493-181121367792 INSTRUCTIONS Please print this receipt and attach it to the corresponding motion/document as the last page. Indicate the Reservation ID on the motion/document face page (see example). The document will not be accepted without this receipt page and the Reservation ID. ALIFORNIA, COUNTY OF LOS ANGELES ) CASE NO: BCOKGO0D A : 131112001085 RESERVATION INFORMATION Reservation ID: Transaction Date: Case Number: Case Title: Party: Courthouse: Department: Reservation Type: Date: Time: 181121367792 November 21, 2018 SC129493 MASHIAN LAW GROUP VS ROD KAGAN MASHIAN LAW GROUP (Plaintiff) Santa Monica Courthouse K Motion for Summary Judgment 5/2/2019 08:30 am FEE INFORMATION (Fees are non-refundable) First Paper Fee: Party asserts first paper was previously paid. Description Fee Motion for Summary Judgment $500.00 Total Fees: Receipt Number: 1181121K7586 $500.00 PAYMENT INFORMATION Name on Credit Card: Credit Card Number: A COPY OF THIS RECEIPT MUST BE ATTACHED TO THE CORRESPONDING Bahman Mashian XXXX-XXXX-XXXX-2222 MOTION/DOCUMENT AS THE LAST PAGE AND THE RESERVATION ID INDICATED ON THE MOTION/DOCUMENT FACE PAGE. https://www.lacourt.org/mrs/ui/printablereceipt.aspx?id=undefined 17M