SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO San Bernardino District - Civil 247 West Third Street San Bernardino, CA. 924150210 cIvps1621248 DAVID E JACOBS 441 S. CALLE ENCILIA SUITE 1 PALM SPRINGS CA 92262 NOTICE OF TRIAL SETTING CONFERENCE and NOTICE OF CASE ASSIGNMENT IN RE: JOSHUA SPRINGS-V-ABEDINI THIS CASE HAS BEEN ASSIGNED TO: JANET M FRANGIE IN DEPARTMENT S29 FOR ALL PURPOSES. Notice is hereby given that the above-entitled case has been set for Trial Setting Conference at the court located at 247 WEST THIRD STREET San Bernardino, CA 92415-0210. HEARING DATE: 06/26/17 at 8:30 in Dept. $29 DATE: 12/16/16 Nancy Eberhardt, Interim Court Executive Officer By: GLORIA GRECO CERTIFICATE OF SERVICE I am a Deputy Clerk of the Superior Court for the County of San Bernardino at the above listed address. I am not a party to this action and on the date and place shown below, I served a copy of the above listed notice: (_) Enclosed in a sealed envelope mailed to the interested party addressed above, for collection and mailing this date, following standard Court practices. () Enclosed in a sealed envelope, first class postage prepaid in the U.S. mail at the location shown above, mailed to the interested party ahd_addressed as shown above, or as shown on the attached listing. \() JA copy of this notice was given to the filing party at the counter ‘A copy of this notice was placed in the bin located at this office ind identified as the location for the above law firm's collection of file stamped documents. Date of Mailing: 12/16/16 I declare under penalty of perjury that the foregoing is true and correct. Executed on 12/16/16 at San Bernardino, CA BY: GLORIA GRECO‘SUM-100 (CITACION JUDICIAL) FOR COURT USE OLY (s0L3 BARA O30 OF LA CORTE) NOTICE TO DEFENDANT: sas ABEDINE, NAGHMEH ABEDINT and (AVISO AL DEMANDADO): nozs 1 - 100, exclusively Fave ‘SUPERIOR COURT GF CALIFORNIA ‘COUNTY OF SAN BERNARDINO ‘SAN BERNARDINO DISTRICT DEC 16 2016 oy_ MA Mae. bi fe, YOU ARE BEING SUED BY PLAINTIFF: JosiA SPRINGS CALVARY ‘GLORIA M, GRE@O, DEPUTY (LO ESTA DEMANDANDO EL DEMANDANTE): cuarcu, tnc., 2 California Non-profit Corporation NOTIGEI You have been sued: The court may decide against you without your being heard unless you respond within 30 days. Read the information Bato "You have 30 CALENDAR DAYS after this summons and legal papers are served on you to fle a writen response at this court and have a copy served on the plait. Aleter or phone call wil nat protect you. Your witten response must be in proper legal form if you want the court to hear your $$se "There maybe @ court form that you can Use fer your ‘espanse. You can find these cout forms and more information atthe California Cours ‘nine Seley Center (www courtnio.ce.gov/setMeb), your county law ierary, or the courthouse nearest you. if you cannot pay the fling fee, ask {he court lero fee waNer form. f you donot fle your response on time, ou may lose the case by default, and your wages, money, and property may be taken without further waring om the cour. “There are other legal requirements, You may want to call an attorney right away If you do not know an attorney. you may want to call an attorney refer! orice you cannct afford an atoney, you may be elgibe fr fee legal services from a nonproft legal services program. You can locate these nonprof gtcups at he Calforia Legal Sonices Web st (irr lewhelocalfomia or). the Calforia Cauts Online SeltHelp Center (in courinfo ea gow/slnelp). or by contacting you local court or county bar association, NOTE: The court has a statutory len for waWved fees and Costs on any settement or arbivation award of $1,000 or more ina cv case. The courts lien must be paid before the court wil cimiss the case, JAVISO! Lo hen demandaco. Sino responde dent de 30 las, la carte puede decid en su conta sin escuchar su versén. Lea fa informacion a Sontrwacen “Tene 90 DIAS DE CALENDARIO despuds de que le entreguen est citacion y papel legales para presenar une respuesta por esento en esta corte y hacer que se ertregue une copia al emandante. Un cara 0 una lamada flefnica no lo profegen. Su respuesta por escrito tene que estar Sn formato egal corecto desea que procesen au caso on la cots. Es posible Que haya un formtlano que usted pueda Wsar para su respuesta Biede enconrer esos fomulanos de le corte y mas informacion an el Centro de Ayuda de [as Cortes de Calor (wa sucorte ca gov) en la bibioteca do loyes de su condacoo en ls cata qu fo quae mas cerca. Sino puede pagar la cvoie de preseniacié, pita al secrelan de fa corte {ue e de un formule de exencén do pogo do cvotas. SI no presenta su respuesta @ lomo, puede perder el caso por ncumplimiento 18 cote fe odes uta su suolde, nero y bienes sin mis advertencia lay dros requstos legals. Es recomendabie que lame a un abogad inmediatamente. Sino conoce a un abogade, puede lamar a un servicio de remision ¢ abegedos. tno puede pegar a un abogado, es posible que cumpla con os requsfos para obtener servicios legales gratutos de un ‘rograma de serois legalee sin tree de luo. Puede encontrar estes grupos sn nes Ge loro en sito web de Calor Legal Services, finer lawtelpcaforia.1g), en el Centro de Ayude de as Cortes de Calfomle, (www sucate ca gov) 0 pontendose en contacto con la corte oof otegio de abogeds locales. AVISO: Por ey, la corte ene derecho a reciemar las cuotesy fo costos exentos por mponer un gravamen sobre ‘ualguerrecuperacin de $0,000 6 més de valor rciida mediante un acuerdo © una contesion de arbraje en un Caso de derecho cv. Tene que | pazarslravaren dl cre ats de qe acre pueda desea a0, ‘Berea and edress of he cou [ese moe nombre y fees) errs Ea ae Superior Court of the State of California crvpsTO21245 247 West Third Street 247 West Third Street San Bernardino, CA 92415-0212 ‘The name, address, and telephone numberof plaintif'sattomey, or plaintiff without an attorney, is: (Elnombre, la direccion y nimero de teléfono del abogado del demandante, o del demandarnte que no tiene abogado, es): David £, Jacobs, Bsq., S8N 138159 "160-327-4232 760-327-0161-Fax Law Office of David Zarl Jacobs 441 5, Calle Encilia, suite 1 Palm Springs, CA 92262 DATE: DECI 6 2016 Clerk, by Gloria M. Greco Deputy (Fecha) (Secretaria) (Adjunto) (For proof oF service of fis summons, use Proof of Service of Summons (form POS-010)) (Para prueba de entrega de esta ciation use el formutario Proof of Service of Summons, (POS-010)) NOTICE TO THE PERSON SERVED: You are served 1. Gc] as an individual defendant. 2. [J] as the person sued under the fictitious name of (specify). y gh 3.) on behatf of (speciy) SS under) CoP 480 (expr (SEA (cer 416.60 (minor) [5 CoP 416.20 (defunct corporation) (J CCP 416.70 (conservatee) [5 cop 416.40 (association or partnership) (—] CCP 416.90 (authorized person) (other (spect 4. (1 by personal delivery on (date): refused Casctet Caton ‘SUMMONS: "Code of Cl Procware 41220, 465, iae0 or y 308) StnsCowan ee vw y RON CrRCh oie etm ae RBRRRRBBBBYPESSSTARBEGEAS David E. Jacobs, State Bar # 138159 supenior cdi Garon, LAW OFFICES OF DAVID EARL JACOBS, ‘COUNTY OF SAN BERNARDINO 441 S. Calle Encilia, Suite One ‘SAN BERNARDINO DISTRICT Palm Springs, CA 92262 DEC 16 2016 ‘Telephone: (760) 327-4232 Facsimile: (760) 327-0161 A pua lif Aus ‘GLORIA M, GREZO, DEPUTY ‘Attorney for JOSHUA SPRINGS CALVARY CHAPEL, Inc., ‘A California Non-profit Corporation SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDIN' SAN BERNARDINO DISTRICT - CIVIL DIVISON 4 JOSHUA SPRINGS CALVARY CHAPEL, ) CASE NO. crvpst6Zt245 Inc., A California Non-profit Corporation, ) ) COMPLAINT FOR Plaintiff, ) DECLARATORY RELIEF AND ) PARTIAL INTERPLEADER vs. ) ) (Code of Civil Procedure §§ 386 and SAEED ABEDINI, NAGHMEH ABEDINI, — ) 1060 et. seq.) and DOES 1 through 100, exclusively, } Defendants. ) ) (CASE BACKGROUND Plaintiff, JOSHUA SPRINGS CALVARY CHAPEL, INC. (hereinafter “Joshua Springs”) is a Christian faith community located in Yucca Valley, California, In 2013, Joshua Springs became aware of the plight of DEFENDANT NAGHMEH ‘ABEDINI (hereinafter “Naghmeh”) and her children whose husband and father, DEFENDANT SAEED ABEDINI (hereinafter “Saeed”) is a Christian pastor who holds dual citizenship in both, the United States and Iran, Saeed is a former Muslim who converted to Christianity in 2000, making him subject to persecution by the Iranian theocracy. In July 2012, Saeed traveled from the United States to Iran and was taken prisoner by the Islamic Revolutionary Guard and placed under house arrest. He was transferred to prison in late September, 2012. On January 27, 2013, Saeed COPYoe a AH 10 i 12 13 14 15 16 17 18 19 20 21 2 2B 24 25 26 27 28 was sentenced to eight years in prison for having "undermined the Iranian government by creating a network of Christian house churches and ... attempting to sway Iranian youth away from Islam." (quote from Fox news, republished on Wikipedia.) Merrily Hagerman (hereinafter “Merrily”) is the wife of Jerel Hagerman who is the pastor of Joshua Springs and the president the Plaintiff, JOSHUA SPRINGS CALVARY CHAPEL, a California non-profit corporation. Merrily had previously lived in Idaho and met Naghmeh through mutual friends in Idaho. Seeking to assist Naghmeh and her children, Merrily and her husband Jerel embarked upon a fund-raising effort through Joshua Springs for the purpose of raising funds for the purchase of a home for Naghmeh and her two children. Joshua Springs received substantial donations approximating $198,000, all of which were segregated into one bank account. Naghmeh knew that this fund-raising effort was being undertaken upon her behalf but was actively engaged in her own campaign to raise the awareness of Saced’s incarceration in Iran and delayed her decision to purchase a home. On January 16, 2016, Saeed Abedini was released from prison and now Naghmeh and Saeed are engaged in a divorce proceeding in Boise, Idaho. Thus, entitlement to the funds raised by Plaintiff has become an issue in dispute, with Saeed having made a demand upon Plaintiff for the said funds which they hold. It is plaintiff's position that it holds the funds as a resulting trustee and is filing this action with the court to determine who is entitled to the said funds. Plaintiff will serve this complaint upon both Saeed and Naghmeh so that they may plead their respective positions with respect to the funds held by plaintiff. Plaintiff also feels it has a duty to reach out to the donors who gifted the said funds and be prepared to advise the court concerning any requests from confirmed donors for the return of the gifts they made, subject to further order of this court. PRELIMINARY ALLEGATIONS 1. Plaintiff Joshua Springs Calvary Chapel is, and at all times herein mentioned was a Corporation organized and existing under the laws of the State of California with principle offices Joshua Springs Calvary Chapel. Abedin 2 ‘Complain fer Decareory Rel a Parl Irteleaderees 10 u 12 13, 14 15 16 7 18 19 20 2 22 23 24 25 26 27 28 located at 57373 Joshua Lane in the Town of Yucca Valley, County of San Bernardino, State of California, 2. Defendant Saeed Abedini is presently a resident of the City of Boise, County of Ada, State of Idaho. 3. Defendant Naghmeh Abedini is, and at all times herein mentioned was a resident of the City of Boise, County of Ada, State of Idaho. 4. Plaintiff's ignorant of the true names and capacities of defendants sued herein as. DOES I through 100, inclusive, and therefore sues those defendants by such fictitious names. Plaintiff will amend this complaint to allege their true names and capacities when ascertained. 5. Plaintiffiis informed and believes and thereon alleges that, at all times herein ‘mentioned, each of the defendants sued herein was the agent and employee of each of the remaining defendants and was at all times acting within the purpose and scope of such agency and employment, 6. Plaintiff bases this complaint in partial interpleader on California Code of Civil Procedure §386. This Court has jurisdiction under on California Code of Civil Procedure §386 FIRST CAUSE OF ACTION For Declaratory Relief 7. On or about September, 2013, Plaintiff Joshua Springs commenced a fund-raising campaign to raise funds for the purpose of providing housing for DEFENDANT NAGHMEH ABEDINI (hereinafter “Naghmeh”) and her two children. 8. The said fund-raising campaign consisted of both written appeals and appeals made through the media, primarily radio, and generally contained the following excerpted from the fund-raising letter sent out: “Pastor Saeed is a American citizen and being held illegally captive. As I have been praying for Saeed and Naghmeh (his wife) and their 2 children, the Lord put it in my heart {o raise funds to purchase Naghmeh a home in Boise, Idaho. We all are praying for Pastor Saeed, and we are seeking the Lord's face for his release, but this is somethin all do to help the plight of Saeed's family. Seema wean Ww Joshua Spins Calvary Chap v. Abedin Complain for Delarntry Rei and Patil nepeaderBow oN Se wea aw 12 B 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ‘There is several ways to give: 1. On the Joshua Springs Calvary Chapel website www joshuasprings.org click on Saced’s icon to go to "Simple Give" click on arrow by donations & choose "Saeed Mission" - "Pay Pal" write Saeed Mission in memo 2. On Casting Cares Radio website, click on Pastor Saeed's icon follow the Simple Give or Pay Pal instructions 3, Send a check to Joshua Springs Calvary Chapel, 57373 Joshua Lane, Yucca Valley, California 92284 In memo write ‘Saeed Mission’ or call Joshua Springs Calvary Chapel 760-365-0760 or call Merrily Hagerman 760-820-9490 All_donations will go 100 % directly to purchase Naghmeh and her children a home.” (Emphasis added) 9. Joshua Springs was successful in this fund-raising effort, having raised the sum of ‘One hundred ninety-eight thousand, three hundred fifty dollars ($198,350). When Joshua Springs made this known to Naghmeh she expressed her desire to delay her decision on purchasing a home in Boise, Idaho, as she remained quite involved in her campaign to raise awareness of her husband Saeed’s incarceration, even having a well publicized meeting with the President of the United States. 10, On January 16, 2016, Saeed was released from prison in Iran, Since that time, Saced and his wife Naghmeh have commenced divorce proceedings in the state of Idaho. 11. Onorabout December 2, 2016, Merrily received an inquiry from Saeed concerning the said funds, stating, inter alia, that the said funds were collected “under my name” and that the funds were raised “to buy us a home.” (Emphasis added) 12, On or about December 7, 2016, plaintiff responded to Saeed by advising him that the funds were raised “to buy a house for your wife & children” and that the change in circumstances were such as for them to question their duties and obligations to “... the donors with, respect to these funds, nor do we know what obligations we have to your wife & children.” Mt uw osha Springs Clary Chapel v. Abin 4 Compl for Delartory Rind Pai nerplederBon wwe a aw 10 ul 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 13. Onorabout December 8, 2016, Saeed responded to plaintiff in a less than gracious manner, alleging that plaintiff was “taking sides” among other things. (The specific text and/or email messages are retained by plaintiff who believes that these private communications should remain private unless compelled to reveal them through this litigation.) 14, Thus, a substantial controversy exists concerning entitlement to the charitable donations raised and held by plaintiff. 15. The interests of Saeed and Naghmeh have become adverse as now they are engaged in a divorce proceeding and Saced has made an implicit demand for the said funds. As the funds were raised for the specifically stated purpose of providing a home for Naghmeh and her children, plaintiff is uncertain with respect to the present entitlement to the said funds, including the rights, if any, of known donors to the funds given pursuant to the stated purpose for which the funds were being raised, 16. The adverse legal interests of the named parties as well as the unnamed donors is of sufficient immediacy and reality such as to justify declaratory relief, SECOND CAUSE OF ACTION For Partial or Complete Interpleader 17. Plaintiff realleges and incorporates paragraphs 1-16 by this reference. 18. Plaintiff holds a fund to which two or more people have competing legal claims. 19, Plaintiff has not surrendered any portion of the said fund to anyone and takes no position concerning the rights of any party to the said funds. Plaintiff submits that the funds may be subject to being returned to the donors due to the change in circumstances whereby the funds were given or may be deemed by the court to be the property of one or the other named defendant. Because of these potentially competing claims, plaintiff is faced with the possibility of double or multiple liability as to the funds it holds on deposit. 20. Plaintiff cannot distribute the benefits because it cannot determine which of the competing claimants, if any, is emtitled to the said funds. Wet Joshua Springs Calvary Chapel. Abedin 5 CConplan fr Declaratory Rel an Parl IntepesderEons) SOS Oo 5 10 M1 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 21. Plaintiff has filed this action in complete or partial interpleader in good faith and without any collusion from or collaboration with any of the parties who might be entitled to the said funds. Plaintiff claims no interest in the funds, other than potentially as a constructive or resulting trustee for the benefit of the donors of the said funds. Plaintiff is a mere stakeholder. 22. Plaintiffs able and willing to deposit the said funds in the amount of $198,350.45, plus any applicable interest into the Court Registry, pursuant to CCP § 386(c). Distribution of the deposited funds shall be subject to the outcome of this interpleader action between the competing parties and donors. 23. Plaintiff has incurred and will continue to incur attomeys’ fees and costs in connection with these proceedings. WHEREFORE, Plaintiff requests that the Court adjudge: 1, Fora declaration that the funds at issue be distributed to one or more of the parties ina manner the court deems just. 2. That plaintiff be allowed reasonable attomeys fees and costs to be payable from the funds in dispute in the court’s discretion and as allowed by statute, 3. For such other and further orders as the court deems just. Dated: December 15, 2016 if David Earl Jacobs, Attomey for PlaintiT Joshua Springs Calvary Chapel Josh Springs Clary Chapel v. Abedin 6 Complaint fr Declaratory Rel a Par! nepeaerRECEIVED 12/14/2016 10:7" 7603270164 LAW OFC DAVIP~ACOBS 12/14/2016 10:54 Jae FATNESS P.oozro0z STATE OF CALIFORNIA COUNTY OF SANBERNARDINO =) I, Pastor JEREL HAGERMAN, declare: have read the foregoing COMPLAINT FOR DECLARATORY RELIEF AND PARTIAL INTERPLEADER and mow its contents, Lam the President of JOSHUA SPRINGS CALVARY CHAPEL, a party to this action, 10 | and am authorized to make this verification for and on it’s behalf, and I make this verification for 11} that reason. The matters stated in it are true of my own knowledge except as to those matters 12 | which are stated on information and belief, and as to those matters I believe them to be true. 3 1 declare under penalty of perjury under the laws of the State of California thet the 14] foregoing is tue and correct. as Executed this 13° day of Decembes or Sings Carey gn Aba 7 (tin he Cet an Pld