Case 8:18-cv-01644-VAP-KES Document 51 Filed 02/12/19 Page 1 of 33 Page ID #:1288

Case 8:18-cv-01644-VAP-KES Document 51 Filed 02/12/19 Page 1 of 33 Page ID #:1288
1 Scott H. Sims, State Bar No. 234148

Andrew D. Stolper, State Bar No. 205462
2 FRANK SIMS & STOLPER LLP
3 19800 MacArthur Boulevard, Suite 855
Irvine, California 92612,
4 Telephone: (949) 201-2400
Facsimile: (949) 201-2401
5 astolper@lawfss.com
ssims@lawfss.com
6
Attorneys for Judgment Creditor
7 JASON FRANK LAW, PLC
8
9 UNITED STATES DISTRICT COURT
10 CENTRAL DISTRICT OF CALIFORNIA
11
In re Case No. 8:18-CV-01644-VAP-KES
12
EAGAN AVENATTI, LLP, JUDGMENT CREDITOR JASON FRANK
13
Debtor. LAW, PLC’S NOTICE OF MOTION AND
14 MOTION FOR APPOINTMENT OF
RECEIVER AND RESTRAINING ORDER;
15 MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT THEREOF
16
17 [Declarations of Jason M. Frank and Brian

Weiss and [Proposed] Order filed concurrently
18 herewith]
19
DATE: March 12, 2019
20
Time: 10:00 a.m.
21 Courtroom: 6D
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MOTION FOR APPOINTMENT OF
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RECEIVER
1 NOTICE OF MOTION FOR APPOINTMENT OF RECEIVER AND RESTRAINING

2 ORDER
3 PLEASE TAKE NOTICE THAT on March 12, 2019 at 10:00 a.m., or as soon thereafter as
4 counsel may be heard in Courtroom 6D of the above-entitled Court, located at 411 West Fourth
5 Street, Santa Ana, California 92701, Judgment Creditor Jason Frank Law, PLC (“JFL”) will and
6 hereby does move this Court for an Order (1) appointing a receiver (“Receiver”) to take over the
7 management and control of Judgment Debtor Eagan Avenatti LLP (“EA”) and to take possession of
8 its assets; (2) setting forth the rights, duties and compensation of the Receiver as provided in the
9 [Proposed] Order lodged and served concurrently herewith; and (3) requiring EA to turnover to the
10 Receiver its bank accounts, client trust accounts, property, keys, books, documents and records
11 relating to the firm and to refrain from interfering in any manner with the discharge of the Receiver’s
12 duties and dissipation of EA’s assets as set forth in greater detail in the [Proposed] Order filed
13 concurrently herewith. JFL nominates Brian Weiss to serve as the Receiver.
14 This Motion is made pursuant to Federal Rule of Civil Procedure 66 and 69(a) and California
15 Code of Civil Procedure §§564(3), 564(4), 708.520 and 708.620. JFL obtained entry of Judgment
16 against EA on May 22, 2018 in the sum of $10,000,000 plus post-judgment interest and reasonable
17 attorneys’ fees and costs incurred in the collecting the judgment (the “Judgment.”) EA has not made
18 any payments toward the Judgment and has not indicated any willingness to make voluntary
19 payments on the Judgment.
20 As set forth below, EA has numerous contingency cases as well as accounts receivable owed
21 to it by various clients and companies and other unknown tangible and intangible assets, including
22 potentially recoverable fraudulent transfers. The appointment of a Receiver is necessary to take
23 possession and control of these and other assets in order to facilitate the fair and orderly satisfaction
24 of the Judgment. A restraining order is necessary to ensure EA cooperates with the receiver and does
25 not further dissipate EA’s assets.
26 This Motion is based on this notice of motion and motion, the attached Memorandum of
27 Points and Authorities, the Declarations of Jason M. Frank and Brian Weiss filed concurrently
28 herewith, the [Proposed] Order, the pleadings and records on file herein and in the related bankruptcy

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RECEIVER
1 file for In re: Eagan Avenatti, LLP, Case No. 8:17-bk-11961-CB, other federal filings of which this
2 Court may take judicial notice and such other and further argument and evidence as may be presented
3 at the time of the hearing.
4
Dated: February 12, 2019 FRANK SIMS & STOLPER LLP
5
7 By: /s/ Scott H. Sims

Scott Sims, Esq.
8 Attorneys for Judgment Creditor
Jason Frank Law, PLC
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RECEIVER AND RESTRAINING ORDER
1 TABLE OF CONTENTS
2
4 I. INTRODUCTION .............................................................................................................. 8
5
II. FACTUAL BACKGROUND ............................................................................................. 8
6
A. The Parties ............................................................................................................... 8
7
B. History Of The Underlying Dispute........................................................................ 9
8
9 1. THE JFL ARBITRATION.......................................................................... 9
10 2. EA'S BANKRUPTCY .............................................................................. 10
11 3. THE JFL SETTLEMENT ......................................................................... 10

12 4. EA'S BREACH OF THE SETTLEMENT AND THE JUDGMENT....... 11
13
C. EA's Failure To Pay Any Portion Of The Judgment and EA's Failure To
14 Comply With Court Orders .............................................................................................. 12
15 1. EA And Avenatti Have Failed To Produce The Financial Records, Client

Information And Case Information Ordered By The Court, Among Other
16 Records ...................................................................................................... 12
17
2. EA Has Violated The Bankruptcy Court's Restraining Order .................. 12
18
D. EA and Avenatti Have Been Hiding EA's Assets In Undisclosed Bank
19 Accounts Both During and After EA's Bankruptcy .......................................................... 15
20
1. Avenatti Set Up Undisclosed Bank Accounts After Filing For
21 Bankruptcy ....................................................................................................
................................................................................................................... 13
22
2. During The Bankruptcy, Avenatti Secretly Deposited EA Fees
23 From The NFL Super Bowl Litigation In The Undisclosed Cnb
Accounts and Then Transferred The Money To His Personal
24
Corporation AA......................................................................................... 16
25
3. During The Bankruptcy, Avenatti Secretly Deposited EA Fees
26 From The Barela Litigation Into the Undisclosed CNB Accounts
and Then Transferred the Money To Pay-Off Avenatti's Personal
27 Debts ......................................................................................................... 18
28

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RECEIVER
1 4. During The Bankruptcy, EA Received Millions Of Dollars From

Another Case EA Failed to Disclose On Its Schedule Of
2 Assets ............................................................................................................
................................................................................................................... 20
3
4 5. During The Bankruptcy, Avenatti Received $29 Million In

Settlement Payments Into His Undisclosed Client Trust Account at
5 CNB and Delayed Receiving Over $8 Million In Fees Until After
The Bankruptcy Dismissal ........................................................................ 22
6
7 6. Avenatti Has Diverted Millions Of Dollars Of EA Fees After the

Bankruptcy Dismissal and Entry Of JFL's Judgment ............................... 24
8
7. Avenatti Has Been Attempting to Reduce and Divert EA's Right To
9 Attorney Fees In the Future For the Benefit of Himself and His
Other Entities ............................................................................................ 25
10
11 8. EA Removes Its Furniture and Artwork After Being Evicted .................. 26
12 III. THIS COURT SHOULD APPOINT A RECEIVER ........................................................ 27
13 A. Legal Standard ...................................................................................................... 27

14 B. The Appointment Of A Receiver Is Appropriate And Urgently Needed.............. 28
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C. The Powers Of The Receiver ................................................................................ 28
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IV. NOMINATION OF BRIAN WEISS AS RECEIVER ..................................................... 32
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V. CONCLUSION. ................................................................................................................ 32
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1 TABLE OF AUTHORITIES
2 Page(s)
3
Federal Cases
4
Canada Life Assur. Co. v. LaPeter,
5 563 F.3d 837 (9th Cir. 2009).....................................................................................................28
6 Donell v. Kowell,
533 F.3d 762 (9th Cir. 2008).....................................................................................................27
7
Legal Additions LLC v. Kowalksi,
8 2011 WL 3156724 (N.D. Cal. July 26, 2011) ...........................................................................28
9
Office Depot, Inc. v. Zuccarini,
10 596 F.3d 696 (9th Cir. 2010).....................................................................................................27
11 California Cases
12 City & County of San Francisco v. Daley,

16 Cal.App.4th 734 (1993)........................................................................................................27
13
Conaway v. Conaway (1963)
14 218 Cal. App. 2d 427 ................................................................................................................27
15
Coppock v. State Bar
16 44 Cal.3d 665 (1988) ................................................................................................................15
17 Gold v. Gold Realty Co.,

114 Cal. App. 4th 791 (2003)....................................................................................................27
18
Hamilton v. State Bar
19 23 Cal.3d 868 (1979) ................................................................................................................15
20
O’Flaherty v. Belgum,
21 115 Cal.App.4th 1044 (2004)........................................................................................27, 29, 30
22 Other State Cases
23 Bahamas Surgery Center LLC. V. Kimberly-Clark Corp. et al.,

Case No. CV 14-8390-DMG . (Frank Decl..) .....................................................................25, 29
24
Barela v. Brock USA, LLC,
25 Case No. 8:15-cv-779..........................................................................................................18, 19
26
USACM Liquidating Trust v. Monaco,
27 2012 WL 12883959 ............................................................................................................27, 28
28

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RECEIVER
1 Federal Statutes
2 11 U.S.C. 345, 704(8) .....................................................................................................................15
3
28 U.S.C 586 ...................................................................................................................................15
4
California Statutes
5
Cal. Civ. Code
6 § 3440(b) ...................................................................................................................................27
7 Cal. Code Civ. P.

§ 564 et seq. ..........................................................................................................................8, 27
8
Cal. Code Civ. P.
9
§ 685.070(a)(5)....................................................................................................................27, 32
10
Cal. Code Civ. P.
11 § 708.520 ...............................................................................................................................8, 28
12 Cal. Code Civ. P.

§ 708.620 ...................................................................................................................8, 27, 29, 32
13
Other Authorities
14
Federal Rule of Civil Procedure 66 .............................................................................................8, 27
15
16 Federal Rules of Civil Procedure Rule 69(a) ..............................................................................8, 27
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1 I. INTRODUCTION
2 Judgment Creditor Jason Frank Law PLC (“JFL”) hereby moves and requests the Court issue
3 an Order appointing a receiver to enforce JFL’s judgment against Judgment Debtor Eagan Avenatti,
4 LLP (“EA”) in the amount of $10 million, not including accrued interest and attorney fees and costs
5 (the “Judgment”). JFL further requests the Court issue a restraining order precluding EA from
6 interfering with the receiver and requiring EA to disclose and turn over possession of its assets, as
7 well as the other relief set forth in the [Proposed] Order filed concurrently herewith. JFL nominates
8 Brian Weiss to serve as the receiver, a highly experienced receiver regularly appointed by federal
9 and state courts.
10 It has now been more than eight months since the Judgment was entered and EA has not
11 made any payments toward the Judgment. EA and its managing partner, Michael Avenatti
12 (“Avenatti”), have willfully failed to comply with Court orders and Avenatti is currently facing a
13 pending contempt hearing before Judge Phillips. EA and Avenatti have proven they have no intent
14 to fully honor the Judgment. Further, as the evidence below establishes, EA and Avenatti have been
15 concealing millions of dollars of EA’s assets in undisclosed bank accounts and client trust accounts
16 and have been improperly and fraudulently transferring millions of dollars to Avenatti and his
17 various corporate entities, as well as to third parties. This includes brazen acts of bankruptcy fraud
18 that have been uncovered during these post-judgment proceedings. (See, infra, § II.D.)
19 The appointment of a receiver and restraining order is necessary and appropriate to ensure
20 the Judgment is honored and to thwart further efforts by EA and Avenatti to conceal and dissipate
21 EA’s assets. In addition, the receiver should be given the powers set forth in the [Proposed] Order
22 filed concurrently herewith, including the power to investigate and recover fraudulent transfers to
23 third-parties. This request is made pursuant to Federal Rule of Civil Procedure 66 and 69(a) and
24 California Code of Civil Procedure §§564(3), 564(4), 708.520 and 708.620, which provide for the
25 appointment of receivers to enforce judgments and restraining orders.
26 II. FACTUAL BACKGROUND
27 A. The Parties
28 EA is a law firm that primarily handles contingency matters, whereby the firm only receives

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RECEIVER
1 legal fees after a case resolves in favor of EA’s clients. (Declaration of Jason Frank (“Frank Decl.”),
2 ¶ 2.) The two equity partners are Michael Eagan (“Eagan”) and Avenatti. (Id.; Case No. 8:17-bk-
3 11961-CB, Doc. 51, 161, p. 11.) Avenatti is the managing partner and owns his equity interest
4 through his personal corporation, Avenatti & Associates, APC (“AA”). (Id.)
5 JFL is a professional law corporation owned by Jason Frank (“Frank”). (Frank Decl., ¶ 1.)
6 Frank worked as an attorney at EA from February 2009 through May 20, 2016. (Id., ¶ 2.) From
7 November 1, 2013 to his departure, Frank worked at EA pursuant to an independent contractor
8 agreement between JFL, Frank and EA. (Id., ¶ 3, Ex. 1.) Under the terms of the contract, JFL was
9 entitled to various forms of compensation, including 25% of the firm’s annual profits, 20% of the
10 fees collected from Frank’s clients and certain case-specific bonuses, among other compensation.
11 (Id., Ex. 1, § 3.). JFL was also entitled to the firm’s financial information, including its federal tax
12 returns and annual revenue and expense reports. (Id., Ex. 1, § 5.)
13 B. History of the Underlying Dispute.
14 1. The JFL Arbitration.
15 EA failed to pay the amounts owed to JFL under the independent contractor agreement.
16 (Frank Decl., ¶ 4.) Accordingly, in February 2016, JFL filed an arbitration demand with JAMS for
17 breach of contract. (Id.) JFL later added a claim for fraud after learning EA and Avenatti had been
18 misstating the firm’s profits. (Id.) JFL resigned from the firm in May 2016. (Id.)
19 The arbitration was scheduled to go forward on March 13, 2017. (Frank Decl., ¶ 5.) On
20 February 10, 2017, the three-judge arbitration panel unanimously awarded substantial issue and
21 evidentiary sanctions against EA, including a finding that EA had “acted with malice, fraud and
22 oppression by hiding its revenue numbers” and “tax returns” from JFL in violation of the
23 independent contractor agreement. (Id., Ex. 2 at 3-4.) The panel concluded that further evidentiary
24 sanctions were appropriate due to the “magnitude of EA’s non-compliance with Panel Orders”
25 concerning its failure to produce financial records. (Id. at 5.) The panel also ordered Avenatti,
26 Eagan and EA’s office manager, Judy Regnier, to appear for a deposition by March 3, 2017, or else
27 JFL could request further sanctions. (Id., Ex. 3.)
28 On March 1, 2017, less than two weeks before the arbitration and two days before the

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1 deposition deadline, a single creditor named Gerald Tobin with a purported claim of $28,700 filed a
2 petition to place EA into involuntary bankruptcy in the Middle District of Florida, thereby staying
3 the arbitration proceedings. (Case No. 6:17-bk-01329-KSJ, Doc. 1.) JFL filed an emergency motion
4 for relief from the stay. (Id., Doc. 3). The Florida bankruptcy court conditionally granted the motion
5 because the “involuntary case has the stench of impropriety” and questioned whether Tobin “has
6 some relationship with the firm that would have induced a collusive filing or if [EA] just got plain
7 lucky that somebody filed on the eve of the arbitration.” (Frank Decl., ¶ 6, Ex. 4.) Notwithstanding
8 the foregoing, the court indicated the stay would remain in effect if EA voluntarily consented to being
9 placed into bankruptcy. (Id.)
10 2. EA’s Bankruptcy.
11 On Friday, March 10, 2017, one court day before the arbitration, EA consented to being
12 placed into Chapter 11 bankruptcy, thereby preventing the arbitration from going forward. (Case
13 No. 6:17-bk-01329-KSJ, Doc. 12, 13.) The bankruptcy case was transferred to the U.S. Bankruptcy
14 Court for the Central District of California, before the Honorable Catherine E. Bauer (the
15 “Bankruptcy Court”). JFL filed a claim for approximately $14.85 million in breach of contract
16 damages and $4 million in punitive damages. (Case No. 8:17-bk-11961-CB, Claim 8.)
17 EA filed its bankruptcy schedules on April 6, 2017. (Case No. 8:17-bk-11961-CB, Doc. 50.)
18 Due to numerous “errors” in the schedules – including a false statement under oath that Avenatti and
19 Eagan did not receive any compensation for the last two years – EA filed amended schedules on
20 June 8, 2017. (Id., Doc. 102-110.) The first 341(a) Meeting of Creditors was held on June 12, 2017,
21 during which the U.S. Trustee’s office noted additional problems with the amended schedules.
22 (Frank Decl., ¶ 8, Ex. 5.) EA filed further amended schedules on July 11, 2017. (Case No. 8:17-bk-
23 11961-CB, Doc. 147-153.) A second 341(a) Meeting of Creditors was held on July 14, 2017. (Frank
24 Decl., ¶ 8, Ex. 6.) EA filed 11 monthly operating reports for months of March 2017 through January
25 2018. (Case No. 8:17-bk-11961-CB, Doc. 99, 100, 126, 162, 209, 227, 260, 294, 310, 316, 372.)
26 3. The JFL Settlement.
27 In August 2017, EA, AA, Avenatti and JFL agreed to the material terms of a settlement on
28 behalf of themselves and related parties. (Frank Decl., ¶ 9.) The settlement was documented in a

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1 written agreement dated December 12, 2017 between EA, AA, Avenatti and Eagan, on the one hand,
2 and JFL, Frank, Scott Sims (“Sims”), Andrew Stolper (“Stolper”) and their law firm, Frank Sims &
3 Stolper LLP (“FSS”), on the other hand (the “Settlement”). (Id., Ex. 7.)
4 Per the terms of the Settlement, EA agreed JFL would have an approved claim of $10
5 million. (Frank Decl., Ex. 7, § 3.1.) However, JFL agreed it would waive collecting the full $10
6 million if EA timely paid $4.85 million in two installments: a $2 million payment due 60 days after
7 the bankruptcy dismissal, and $2.85 million due 120 days after the dismissal. (Id., §§ 3.2, 3.5.)
8 Otherwise, JFL would be entitled to a $10 million judgment if EA failed to make the settlement
9 payments on time. (Id., § 3.6.) In exchange, JFL agreed it would not oppose EA’s request to dismiss
10 the bankruptcy. (Id., § 1.)
11 The Settlement was approved by the Bankruptcy Court on March 15, 2018. (Case No. 8:17-
12 bk-11961-CB, Doc. 412.) As part of the order, the Bankruptcy Court approved a structured dismissal
13 of EA’s bankruptcy case, which required EA to pay certain debts it owed to the IRS and its
14 bankruptcy counsel prior to the dismissal totaling approximately $2,828,423.80 (the “Initial
15 Payment”). (Id., Doc. 408, 412). EA was not required to make its first settlement payment to JFL
16 until 60 days after the bankruptcy dismissal (on May 14, 2018). (Frank Decl., Ex. 7, § 3.2.)
17 4. EA’s Breach of the Settlement and the Judgment.
18 On May 14, 2018, EA failed to make the settlement payments required under the Settlement.
19 (Frank Decl., ¶¶ 10-11.) As a result of the default and pursuant to the terms of the Settlement, the
20 Bankruptcy Court entered a judgment against EA in the amount of $10 million plus post-judgment
21 interest and reasonable attorney fees and costs incurred in collecting the judgment on May 22, 2018
22 (the “Judgment”). (Case No. 8:17-bk-11961-CB, Doc. 445). A Writ of Execution was issued on
23 June 6, 2018 in the amount of $10,008,465.75. (Frank Decl., Ex. 8.) A secured judgment lien in
24 that amount against EA’s assets was entered with the California Secretary of State on June 7, 2018.
25 (Id., Ex. 9.)
26 The Judgment was registered before this Court on August 31, 2018. (Doc 1.) All
27 proceedings before the Bankruptcy Court were then transferred to this Court via a Withdrawal of
28 the Reference on October 25, 2018. (Doc. 21.)

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1 C. EA’s Failure to Pay Any Portion of the Judgment and EA’s Failure to Comply with
Court Orders.
2
3 It has now been more than eight months since the Judgment was entered and EA has not
4 made any payments to JFL. (Frank Decl., ¶ 13.) During the initial day of the Judgment Debtor
5 Exam, on July 25, 2018, Avenatti testified the Judgment is “bogus” and he has not “made a
6 determination as to what we believe should be paid relating to the judgment.” (Id., Ex. 11 at 10:15
7 – 11:1.) Suffice it to say, EA and Avenatti have made it clear they do not intend to willingly comply
8 with the Judgment. To that end, EA and Avenatti have blatantly violated numerous Court orders
9 relating to the Judgment as set forth below.
10 1. EA and Avenatti Have Failed to Produce the Financial Records, Client

Information and Case Information Ordered by the Court, Among Other
11 Records.
12 EA and Avenatti have repeatedly failed to produce financial records, client information and
13 case information, among other records, ordered by the Court despite numerous opportunities to
14 comply with these orders. (Doc 48; Frank Decl., ¶ 17.) On February 4, 2019, this Court certified
15 detailed findings of fact regarding Avenatti’s failure to comply these orders and referred Avenatti to
16 Judge Phillips to determine whether he should be held in contempt. (Id.)
17 2. EA has Violated the Bankruptcy Court’s Restraining Order.
18 On July 11, 2018, the Bankruptcy Court issued a restraining order (the “Restraining Order”)
19 precluding EA from “assigning, encumbering or in any way transferring any proceeds, attorney’s
20 fees, costs, rights to payments and accounts receivable” that EA receives or is entitled to receive
21 from any clients or lawsuits identified in Exhibit A to JFL’s Motion for Entry of Assignment and
22 Restraining Order (the “Cases”). (Case No. 8:17-bk-11961-CB, Doc. 498; Frank Decl., Ex. 12.)
23 The order further required EA to file notice of receipt of any monies received from the Cases
24 regardless of whether the payment is made to EA, AA, Avenatti or Eagan, or any entity controlled
25 by them. (Id.)
26 The Bankruptcy Court issued the Restraining Order in lieu of JFL’s request to have the clients
27 send the fees directly to JFL until the Judgment is satisfied. (Frank Decl., Ex. 13 at 41:18 – 43:20.)
28

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1 The purpose of the restraining order was to preserve the status quo. (Id.) As the Bankruptcy Court
2 explained in response to JFL’s concerns the money would disappear if it went to EA:
3 THE COURT: Can we fashion something where if moneys come in
4 from these lawsuits, he (Avenatti) needs to put them in his trust
account and notify the Court and Mr. Frank that this money has
5 come in, he’s not to touch it? I mean this is an officer of the Court.
So if he touches it, he’s in – you know, I’ll do something about it.
6
7 (Id. at 43:15-20 (emphasis added).)

8 Unfortunately, it appears JFL’s concerns were well founded as EA has repeatedly violated
9 the Restraining Order.
10 First, EA has never filed the notice of receipt of funds on time, and only does so after JFL
11 notifies EA and/or the Court of EA’s non-compliance. (Frank Decl., ¶ 19.) To date, EA has not
12 filed a notice for any money received after December 12, 2018, despite its assurances it would submit
13 the notice by the 15th of every month. 1 (Id.)
14 Second, it appears EA has been improperly transferring fees from Cases subject to the
15 Restraining Order to Avenatti and his related entities in violation of the Restraining Order.
16 For example, during the initial debtor exam, Avenatti testified EA receives $35,000 per
17 month in fees from a client named Medline Industries, Inc. (“Medline”), in connection with one of
18 the Cases covered by the Restraining Order (“Medline v. Kimberly Clark”). (Frank Decl., Ex. 11 at
19 41:11-42:8; Ex. 12, ¶ 14.) Prior to the entry of the Restraining Order, EA would deposit the Medline
20 fees into its operating account. (Id.., ¶ 25, Ex. 15.) After the issuance of the Restraining Order in
21 July, EA began depositing the Medline fees into a client trust account. (Id., Exs. 16, 22-24.)
22
23
1
In response to an earlier Motion for Contempt filed by JFL, EA argued the Restraining Order was “silent” on when
24 EA had to send the notice of receipt of money and opposed JFL’s contention that EA had to provide prompt notice
upon receipt of payment. (Case No. 8:17-bk-11961-CB, Doc. 538.) Instead, EA argued it “always intended to file its
25 status reports on a monthly basis much like the monthly operating reports that it filed in the bankruptcy case” and
would do so on the 11th of each month. (Id. at 2.) At a hearing on August 27, 2018, the Bankruptcy Court permitted
26 EA to file the notice by the 15th of each month. (Frank Decl., ¶ 19, Ex. 14 at 44:7-12.) But when September 15th,
arrived, EA failed to provide the notice. (Id.) After sending notice to EA’s counsel of the non-compliance, EA
27 subsequently served the notice on September 18. (Id.) On October 15, EA once again failed to provide the notice.
(Id.) After JFL notified EA of the deficiency, EA sent a notice on October 18. (Id.) Nothing was sent in November
28 2018. (Id.) After raising this delinquency with the Magistrate Judge, EA filed a notice on December 18, 2018 for the
time period October 13 through December 12, 2018. (Id.) No other notices have been provided since. (Id.)

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1 However, at the end of each month, the $35,000 fee was gone -- as JFL discovered by subpoenaing
2 EA’s client trust account records through October 2018. (Id., Exs. 21-24.)
3 Client Trust Account Ending Balance
4 (4613)
5 July 2018 $333.19
6 Aug. 2018 $181.06
7 Sept. 2018 $4,184.50
8 Oct. 2018 $15,047.53
9 Where did the money go? During that same period, EA transferred money from its client
10 trust account (4613) to Avenatti’s personal corporation (AA) and coffee company (Global Baristas),
11 among other non-EA clients. For example:
12 • On July 20, 2018, EA deposited the $35,000 Medline fees into the client trust account.
13  On July 25, 2018, EA transferred $39,650 to Avenatti’s coffee company
14 (Global Baristas)
15 • On September 10, 2018, EA deposited $35,000 from Medline into the client trust
16 account.
17  On September 11, EA transferred $2,500 to AA.
20 • On October 29, 2018, EA deposited $35,000 from Medline into the client trust account.
21  On October 29, EA transferred $600 to AA.
22  On October 31, EA transferred $4,000 to AA.
23 (Frank Decl., Exs. 21, 22, 24.)
24 As discussed in greater detail below, it appears fees from other Cases covered by the
25 Restraining Order where likewise deposited into EA’s client trust accounts only to be transferred to
26 Avenatti and his related companies and creditors. Beyond being a violation of the Restraining Order,
27
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1 Avenatti’s commingling of personal funds in EA’s client trust accounts and use of the accounts to
2 conceal EA’s payments to Avenatti and his entities is unlawful. 2
3 D. EA and Avenatti Have Been Hiding EA’s Assets in Undisclosed Bank Accounts Both
During and After EA’s Bankruptcy.
4
JFL’s post-judgment discovery has also uncovered serious violations of bankruptcy laws,
5
demonstrating the need for a receiver.
6
1. Avenatti Set Up Undisclosed Bank Accounts After Filing for Bankruptcy.
7
Pursuant to the Operating and Reporting Requirements of the U.S. Trustee (“ORR”), a
8
Chapter 11 Debtor must “immediately close pre-petition bank accounts and open new ‘debtor in
9
possession’ bank accounts” (“DIP accounts”). (ORR, Operating Guidelines I(A)(1); 11 U.S.C. 345,
10
704(8); 28 U.S.C 586.). “All receipts must flow through the debtor in possession account(s).” (Id.)
11
In fact, the first page of every Monthly Operating Report filed by EA reminded EA that:
12
13
14 (Case No. 8:17-bk-11961-CB, Doc. 99, 100, 126, 162, 209, 227, 260, 294, 310, 316, 372.)
15 EA consented to be placed into Chapter 11 bankruptcy on March 10, 2017. (Case No.
16 6:17-bk-01329-KSJ, Doc 12.) On May 23, 2017, EA closed its pre-petition accounts at California
17 Bank & Trust (“CBT”) 3 and opened three DIP accounts at the bank. 4 (Frank Decl., ¶ 28, Ex. 25.)
18 However, on May 11, 2017, 12 days before EA opened the DIP accounts, Avenatti opened
19 two new accounts at City National Bank (“CNB”) under the name “Michael Avenatti, Esq.”: one of
20 which was as an operating account (3504) and the other designated as a “client trust account”
21 (3512). 5 (Frank Decl., ¶ 30, Exs. 27, 28.) The signators on the accounts were Avenatti and EA’s
22 office manager, Judy Regnier. (Id.) The address list on the account was for EA. (Id.) A few months
23
2
Hamilton v. State Bar 23 Cal.3d 868, 874-76 (1979) (it is improper for attorney to make personal use of trust account);
24 CRPC 1.15(c) (prohibiting commingling of law firm funds in a client trust account); Coppock v. State Bar 44 Cal.3d
665, 671-72, 678-81 (1988) (cannot set up trust account for purpose of concealing assets from creditors).
25 3
EA did not close its existing client trust account at CBT (8671). (Frank Decl., ¶ 29, Ex. 26.) Further, during the
bankruptcy, EA opened two new undisclosed client trust accounts at CBT: CBT (3714) opened on or about September
26 19, 2017 and CBT (4613) opened on or about January 26, 2018. (Id.)
27
4
EA opened a general DIP operating account (0313), a DIP payroll account (0321) and a DIP IRS account (0339).
(Frank Decl., ¶ 28, Ex. 25.)
28 5
JFL is only identifying the last four digits of the bank accounts pursuant to the Court’s instructions. (Doc. 34.)

-15-
1 later, while EA was still in bankruptcy, Avenatti opened two more client trust accounts at CNB: one
2 on or about September 15, 2017 (4705) and the other on or about December 28, 2017 (5566). (Id.,
3 ¶ 31, Ex. 29, 30.)
4 Avenatti never disclosed these CNB accounts during the bankruptcy. (Frank Decl., 32.) In
5 fact, under questioning by the U.S. Trustee’s Office during the 341(a) Meeting of Creditors, Avenatti
6 denied, under oath, that he currently had any client trust accounts in his name. (Id., Ex. 5 at 187:16
7 – 188:14.) Further, during the initial judgment debtor exam in this matter on July 25, 2018, Avenatti
8 testified that EA’s only accounts during the last four years were at CBT. (Id.., Ex. 11 at 32:14-
9 33:14.) However, as the evidence establishes below, Avenatti was depositing millions of dollars of
10 EA fees into these undisclosed CNB accounts both during and after the bankruptcy.
11 2. During the Bankruptcy, Avenatti Secretly Deposited EA Fees from the NFL
Super Bowl Litigation into the Undisclosed CNB Accounts and then
12 Transferred the Money to his Personal Corporation AA.
13 The first diversion of EA money into the undisclosed CNB accounts occurred right when
14 they were opened in May 2017.
15 EA was counsel of record in a series of consolidated lawsuits related to Super Bowl XLV
16 in Dallas, Texas entitled Greco v. NFL et al. (“Greco v. NFL”). (Frank Decl., ¶ 34, Ex. 32, ¶ 2.).
17 EA listed its right to contingency fees from the Greco v. NFL cases as one of its assets on its amended
18 bankruptcy schedule. (Id., Ex. 31, ¶ 8.) The Greco v. NFL cases were settled in 2017 during the
19 EA bankruptcy. (Id., ¶ 34, Ex. 32, ¶ 4.)
20 In May 2017, EA’s co-counsel received a wire of $1.55 million into its client trust account
21 as part of the settlement of the Greco v. NFL cases. (Frank Decl., Ex. 32, ¶ 7; Ex. 34.) The co-
22 counsel and EA agreed this amount would be distributed as follows: $188,281.73 to co-counsel and
23 the balance of $1,361,718.27 to EA. (Id.) On May 15, 2017, Avenatti directed his co-counsel, via
24 an email, to split up the amount owed to EA into two payments. (Id., Ex. 32, ¶ 8; Ex. 35.)
25 Specifically, Avenatti instructed co-counsel to wire $408,723.70 to EA’s account at CBT and the
26 remaining $952,994.57 to the client trust account at CNB. (Id., Exs. 32, 35, 36.)
27 EA disclosed the receipt of the $408,723.70 in its Monthly Operating Report for May 2017.
28 (Case No. 8:17-bk-11961-CB, Doc. 126, pp. 1, 23.) However, EA did not disclose the receipt of the

-16-
1 other $952,994.57. (Id.) In other words, EA and Avenatti made it appear to the Bankruptcy Court,
2 the U.S. Trustee’s office and EA’s creditors that EA only received $408,723.70 from co-counsel in
3 May 2017, when in fact it received over $1.36 million. (Id.)
4 Avenatti then transferred virtually all of the $952,994.57 from the CNB client trust account
5 (3512) to the operating account at CNB (3504) in seven separate transactions over the next two
6 months. (Frank Decl., Exs. 37, 38.) From there, Avenatti would immediately transfer the money to
7 Avenatti’s personal corporation, AA, which held a separate bank account at CBT. (Id., Exs. 38, 39.)
8 Once the money was in the AA account, Avenatti would use the money for his personal expenses -
9 - such as his monthly rent at the Ten Thousand luxury apartment building in Century City
10 ($14,235.98), monthly car payments on his Ferrari ($4,000), Traditional Jewelers ($11,000), Koi
11 fish ($1,348), etc. -- as well as larger transfers to his other business interests, such $150,000 to his
12 coffee company (Global Baristas) and $232,875 to HTP Motorsport GmBh for his auto racing hobby.
13 (Id., Ex. 39.)
14 The chart below shows the flow of money from the undisclosed accounts to AA.
15
Date CNB 3512 CNB 3504 AA CBT 0661
16
(Amount Received (Amount Received
17
from CNB 3512) from CNB 3504)
18
May 1, 2017 $0 $0 $446.52
19
May 17, 2017 $952,994.57 $325,000 $320,000 6
20
May 18, 2017 $175,000 $175,000
21
May 23, 2017 $140,000 $145,000
22
23 June 6, 2017 $150,000 $160,000
24 June 16, 2017 $100,000 $100,000
25 June 23, 2017 $50,000 $50,000
26 6
The $5,000 difference between the amount the CNB 3504 account received on May 17, 2017 ($325,000) and then
sent to AA ($320,000) was reconciled on May 23, 2017, when the CNB 3504 sent an additional $5,000 to AA (i.e., the
27
CNB 3504 account received $140,000 and immediately wired out $145,000 to AA.) (Frank Decl., Exs. 36-38.)
28

-17-
1
July 19, 2017 $7,000 $7,000
2
TOTAL $952,994.57 $947,531.96 $957,000 7
3
In sum, the evidence proves that while in bankruptcy, Avenatti secretly diverted over
4
$950,000 of money from an EA lawsuit (Greco v. NFL) to Avenatti’s undisclosed bank accounts at
5
CNB, while misleadingly reporting in the bankruptcy that EA received only $408,723.70. Avenatti
6
then transferred the $950,000 to his personal corporation (AA) through the undisclosed CNB accounts
7
without the knowledge of the Bankruptcy Court or EA’s creditors.
8
3. During the Bankruptcy, Avenatti Secretly Deposited EA Fees from the Barela
9 Litigation into the Undisclosed CNB Accounts and then Transferred the Money to
Pay-Off Avenatti’s Personal Debts.
10
The Greco v. NFL money was not the only asset EA and Avenatti hid from the Bankruptcy
11
Court and its creditors.
12
EA was counsel of record for Greg Barela in a lawsuit entitled Barela v. Brock USA, LLC,
13
Case No. 8:15-cv-779 (“Barela”) filed in U.S District Court for the Central District of California in
14
May 2015. (Frank Decl., ¶ 44, Ex. 41.) The lawsuit was compelled to arbitration before the Judicial
15
Arbiter Group, Inc. in Colorado. (Id.)
16
During the bankruptcy, on or about December 28, 2017, Avenatti opened another
17
undisclosed “client trust account” at CNB (5566). (Frank Decl., ¶ 45, Ex. 30.) On January 5, 2018,
18
this account received a wire of $1.6 million from Brock USA LLC. (Id., Ex. 42.) The wire states
19
the payment was for the “Brock USA 2018 Settlement Payment”:
20
21
22
23
24
25
7
26 From May 2017 through July 2017, the only other deposits into the CNB 3504 account were (a) $6,035.77 from
Avenatti’s coffee company, Global Baristas on May 11, 2017; (b) $23,160 from an escrow company (Mulholland
27 Escrow) on May 24, 2017 and (c) $8,150 from a source unknown on June 13, 2017. (Frank Decl., Ex. 38.)
Consequently, with the exception of the additional $10,000 received by AA on June 6, 2017, all of the money received
28 by AA directly traces back to the Greco v. NFL case.

-18-
8 (Id., Ex. 43.)

9 The day earlier, on January 4, 2018, Avenatti deposited into the same newly opened client
10 trust account at CNB (5566) a check from the Judicial Arbiter Group to EA for $11,718.75 – which
11 according to memo line on the check was for “Barela v. Brock.” (Frank Decl., Ex. 44.)
12
13
14
15
16
17
18
Avenatti then used the money from this settlement to pay his personal debts and expenses from the
19
CNB client trust account (5566), including payments to various persons and entities that appear to
20
be related to Avenatti’s coffee company (Global Baristas) such as Dillanos Coffee Roasters and
21
Alki Bakery. (Frank Decl., ¶ 48, Exs. 46, 47.)
22
EA and Avenatti never disclosed the Barela case on EA’s Schedule of Assets in the
23
bankruptcy. (Frank Decl., Ex. 31). Further, EA and Avenatti did not disclose that Avenatti received
24
money from this settlement to pay his personal expenses. On the contrary, as part of EA’s Monthly
25
Operating Report for January 2018, Avenatti signed a statement under penalty of perjury stating that
26
he, as EA’s principal, did not receive any compensation that month. 8 (Case No. 8:17-bk-11961-CB,
27
28 8
The signature is dated February 15, 2018, but it is for the January 2018 time period.

-19-
1 Doc. 372, p. 16).
10
11
12
13
14
15 (Case No. 8:17-bk-11961-CB, Doc. 372). Perhaps even more disturbing, Barela recently filed a
16 lawsuit against EA and Avenatti claiming that Avenatti never disclosed he received the settlement
17 payment in January 2018 and, in fact, denied receiving the payment. (Frank Decl., Ex. 48.)
18 4. During the Bankruptcy, EA received Millions of Dollars From Another Case

EA Failed to Disclose on its Schedule of Assets.
19
During the bankruptcy, EA opened a new client trust account at CBT (3714) on September
20
19, 2017. (Frank Decl., ¶ 50, Ex. 26.) EA did not disclose this account during the bankruptcy. (Id.)
21
The next day after opening this new account (3714), on or about September 20, 2017, a $5.5 million
22
check was deposited. (Frank Decl., ¶ 51, Ex. 49.) The check states “PAY TO THE ORDER OF
23
Eagan Avenatti LLP, as attorney for Jennifer Nadjat-Haiem.” (Id.)
24
25
26
27
28

-20-
1 A search of court records reveals that EA represented Nadjat-Haiem in a personal injury
2 action entitled Jennifer Nadjat-Haiem v. Matthew Joseph Alhadeff. (Frank Decl., Ex. 50.) EA did
3 not list this matter on its Schedule of Assets in the bankruptcy. (Id., Ex. 31.) EA further did not
4 disclose to the Bankruptcy Court the receipt of this payment in its Monthly Operating Report. (Case
5 No. 8:17-bk-11961-CB, Doc. 260.) Instead, similar to the Greco v. NFL case, Avenatti transferred
6 a portion of the money ($409.241.28) to EA’s DIP account -- which amount was disclosed in the
7 Monthly Operating Report -- while keeping the larger portion hidden in the client trust account so
8 he could transfer it to himself and pay-off personal debts without the knowledge of the Bankruptcy
9 Court or EA’s creditors. (Id., p. 18.)
10 Specifically, in September 2017, EA paid $2,850,000 to the client and transferred
11 $409,241.28 to EA’s DIP account, leaving behind a balance in the client trust account of
12 $2,240,935.13. (Frank Decl., Ex. 51.)
13
14
15
16
Over the next two months, October and November 2017, Avenatti transferred approximately
17
$1.7 million from this newly opened client trust account (3714) to himself, his coffee company
18
(Global Baristas) and other coffee-related expenses (Frank Decl., Exs. 52, 53):
19
20
21
22
23
24
25
26
27
28

-21-
7 As is a common theme, EA and Avenatti did not disclose these insider payments to the
8 Bankruptcy Court and falsely stated, under penalty of perjury, in the October and November 2017
9 Monthly Operating Reports that EA did not provide “any compensation or renumeration to any
10 officers, directors, principals or other insiders” during the months of October and November 2017.
11 (Case No. 8:17-bk-11961-CB, Doc. 294, 310.)
12 5. During the Bankruptcy, Avenatti Received $29 Million in Settlement
Payments into his Undisclosed Client Trust Account at CNB and Delayed
13 Receiving Over $8 Million in Fees Until After the Bankruptcy Dismissal.
14 The next incident is perhaps the most devious example of bankruptcy fraud in this
15 Memorandum. During the bankruptcy, in September 2017, Avenatti opened another undisclosed
16 client trust account at CNB (4705). (Frank Decl., Ex. 29.) That same month, approximately $29
17 million was deposited into the account from a third-party, as well as $899,795.85 from Avenatti. 9
18
19
20
21
22 (Frank Decl., Ex. 55.). Over the next month, approximately $25 million of his amount was
23 distributed to the apparent clients and $899,795.85 to a third-party. (Id., Ex. 56). Avenatti also
24 transferred $2,787,650.87 to his undisclosed operating account at CNB (4705). (Id., Ex. 57.)
25
26
27
28
9
The $899,795.85 was immediately transferred to a third party. (Frank Decl., Ex. 55, 56.). JFL is still attempting to
determine the purpose of this payment.

-22-
1 Of course, none of this was disclosed to the Bankruptcy Court. (Case No. 8:17-bk-11961-
2 CB, Doc. 260, 294.). But things get even more nefarious, because on March 14, 2018, one day prior
3 to the bankruptcy dismissal, the same third party wired another $8.2 million to the undisclosed
4 account at CNB. (Frank Decl., Ex. 56.)
7 In other words, Avenatti delayed payment of over $8.2 million from the third party to ensure it would
8 not be discovered in the bankruptcy. Avenatti then used this money to cover the Initial Payment of
9 $2.8 million to the IRS and bankruptcy counsel, which the Bankruptcy Court required as a pre-
10 condition to the dismissal. (Case No. 8:17-bk-11961-CB, Doc. 412.)
11 Specifically, one day prior to the dismissal, on March 14, 2018, the third party wired $8.2
12 million to Avenatti’s undisclosed “client trust” account at CNB. (Frank Decl., Ex. 56.) On March
13 15, 2018, Avenatti wired $3 million from the CNB client trust account (4704) to an EA client trust
14 account at CBT (4613). (Id., Exs. 17, 56.) Avenatti opened this EA client trust account (4613) on
15 January 26, 2018 around the time EA filed its motion to dismiss the bankruptcy. (Id., Ex. 26.)
16 Avenatti then wired the $2.8 million initial payment to his bankruptcy counsel, Mark Horoupian of
17 SulmeyerKupetz, who verified in a declaration that his firm received the Initial Payment for
18 disbursement. (Case No. 8:17-bk-11961-CB, Doc. 408.) As a result, the Bankruptcy Court entered
19 the dismissal order. (Id., Doc. 412.)
20 As to the remaining money, during the period March 20, 2018 to May 1, 2018, Avenatti
21 wired over $1 million from the CNB account (4705) to a different EA client trust account at CBT
22 (3714), from which he made personal payments. (Frank Decl., ¶ 57, Ex. 56.) And then, as the May
23 14, 2018 deadline for EA’s first Settlement Payment to JFL approached, Avenatti transferred the
24 remaining amount of over $4 million to a clearing account at the Boston Private Bank & Trust, Co.,
25 thereby emptying the CNB account prior to JFL’s Judgment. (Id.)
26
27
28

-23-
7 In sum, unless this is one of world’s greatest coincidences, Avenatti structured a settlement
8 with a third-party whereby it did not pay the full amount owed until one day before the dismissal of
9 EA’s bankruptcy, thereby avoiding any disclosure to the Bankruptcy Court, JFL or EA’s other
10 creditors. And when the time came to pay JFL, Avenatti transferred over $4 million to another
11 undisclosed account so the money would not be available to satisfy JFL’s Judgment.
12 6. Avenatti Has Diverted Millions of Dollars of EA Fees After the Bankruptcy
13 Dismissal and Entry of JFL’s Judgment.
14
EA and Avenatti’s efforts to conceal money from JFL continued after the Bankruptcy
15
dismissal on March 15, 2018 and the entry of JFL’s Judgment on May 22, 2018.
16
For example, on June 18, 2018, a third-party wired $17 million to the same undisclosed client
17
trust account at CNB that Avenatti set up for the Greco v. NFL money (CNB 3512). (Frank Decl.,
18
¶ 59, Ex. 36.) That same day, Avenatti wired $1.2 million in fees from this settlement into another
19
undisclosed client trust account that EA opened at CBT (4613) during the bankruptcy on January
20
26, 2018. (Id., Exs. 21, 39.) The money was then transferred to various Avenatti entities (AA and
21
Passport 420) and related third-parties (the X-Law Group). 10 (Id., Ex. 39.)
22
Further, a review of EA and Avenatti’s client trust accounts demonstrates EA and Avenatti
23
are improperly comingling personal funds in these accounts, and more significantly diverting the
24
funds to pay Avenatti’s companies, personal debts and investments. For example, with respect to
25
EA’s client trust accounts at CBT:
26
27 10
The X-Law Group is purportedly a separate law firm from EA. However, EA has been paying the salaries and rent
28 for the X-Law Group since EA filed for bankruptcy, as Avenatti admitted during the second 341(a) Meeting of
Creditors. (Id., Ex. 6 at 70:2 – 73:18.)

-24-
1 • EA has transferred over $1,974,219 to Avenatti’s coffee company (Global Baristas),
2 including $352,950 since the dismissal of the bankruptcy.
3 • EA has transferred $629,660 to Avenatti’s personal corporation (AA), including
4 $462,150 since the dismissal of the bankruptcy.
5 • EA has transferred $112,500 to Avenatti’s private plane holding company (Passport
6 420), including $91,200 since the dismissal of the bankruptcy.
7 (Frank Decl., ¶ 60.) This does not include the other non-EA related payments that are noted in the
8 previous sections. (Id.)
9 7. Avenatti Has Been Attempting to Reduce and Divert EA’s Right to Attorney
Fees in the Future for the Benefit of Himself and his other Entities.
10
11 EA and Avenatti also have been intentionally impairing and diverting EA’s rights to future
12 attorney fees to avoid paying the Judgment.
13 For example, one of EA’s largest known assets is its right to attorney fees and costs in a class
14 action entitled Bahamas Surgery Center LLC. V. Kimberly-Clark Corp. et al., Case No. CV 14-
15 8390-DMG (PLAx) (the “Kimberly-Clark class action”). (Frank Decl., ¶ 61.) During the
16 bankruptcy, EA obtained a trial verdict of approximately $5 million in compensatory damages and
17 prejudgment interest, and approximately $449 million in punitive damages. (Case No. CV 14-8390-
18 DMG, Doc. 501, 503.) The trial court (the Honorable Dolly Gee) reduced the punitive damage award
19 on remittitur to approximately $20 million and entered a judgment against Defendants for
20 approximately $25 million. (Id., Doc 529, 578.) Defendants appealed the judgment, and EA, on
21 behalf of the class, appealed the punitive damage award reduction. (Frank Decl., ¶ 61.) The Parties
22 agreed to delay EA’s application for fees and costs until after the resolution of the appeals. (Id.)
23 The briefing on the appeals is scheduled to conclude next month in March 2019. (Id.)
24 Assuming the judgment is affirmed, EA will likely be awarded fees and costs of at least $10
25 million. (Frank Decl., ¶ 62.) During the bankruptcy, Avenatti testified that EA was entitled to
26 approximately $17 million in accrued fees and a “significant portion of those fees are from the
27 Kimberly Clark class action case.” (Id., Ex. 5 at 105:4-25.) However, during these post-judgment
28 proceedings, Avenatti claimed that EA is only entitled to “a small portion of the fees from the case

-25-
1 due to the fact the firm was never appointed class counsel in the case.” (Case No. 8:17-bk-11961-
2 CB, Doc. 464 at 2.) Instead, Avenatti contends he personally was appointed Class Counsel, not the
3 firm, and therefore he is personally entitled to the fees. (Id.)
4 This is not how fee awards work in class actions – they are awarded to the firm, not the
5 individual lawyer. (Frank Decl., ¶ 63.) But even accepting this absurd premise arguendo, given
6 that Avenatti is the managing partner of EA, the conflict of interest is obvious. Absent a receiver,
7 Avenatti could deliberately attempt to have the fees awarded to himself or another entity, at the
8 detriment of EA and its creditors.
9 In fact, after the bankruptcy, Avenatti began attempting to do just that. He started filing
10 lawsuits under the name of his personal corporation (AA), even though AA is not a registered law
11 firm and even though he was using EA’s attorneys and resources on the matters. (Case No. 8:17-
12 bk-11961-CB, Doc. 470 at 7-10.). This conduct is addressed in detail in JFL’s Amended Motion for
13 an Assignment Order and Restraining Order. (Case No. 8:17-bk-11961-CB, Doc. 470 at 7-10.) The
14 scheme is without legal or factual merit. (Id.) However, the fact Avenatti is even trying this tactic,
15 demonstrates the need for a receiver to protect EA’s assets and interests.
16 8. EA Removes Its Furniture and Artwork After Being Evicted.
17 EA was evicted from its office at 520 Newport Center Drive, Newport Beach California on
18 November 28, 2018. (Frank Decl., ¶ 65, Ex. 58.) JFL, who has a judgment lien on EA’s property,
19 received a notice from the landlord of the right to reclaim abandoned property at the premises by
20 January 10, 2018. (Id.) In December, JFL inspected the property with the landlord and made
21 preperations to sell the property. (Id., ¶ 66.) Upon inspection, JFL observed that virtually all of the
22 artwork had been removed from the premises. (Id.) EA indicated this artwork was worth
23 approximately $50,000 in its bankruptcy schedules. (Case No. 8:17-bk-11961-CB, Doc. 149, ¶ 39.)
24 When January 10, 2019 deadline arrived, counsel for the landlord notified JFL that Avenatti had
25 taken possession of all of the property over the weekend and removed it from the office. (Frank
26 Decl., ¶ 67.) JFL is unaware of what has happened to this property. (Id.)
27
28

-26-
1 III. THIS COURT SHOULD APPOINT A RECEIVER
2 A. Legal Standard.
3 Rule 69(a) of the Federal Rules of Civil Procedure (“FRCP”) govern the execution of final
4 judgments and provides that “proceedings supplementary to and in aid of judgment or execution –
5 must accord with the procedures of the state where the court is located, but a federal statute governs
6 to the extent it applies.” FRCP 69(a)(1). FRCP Rule 66 generally governs the appointment of
7 receivers. Office Depot, Inc. v. Zuccarini, 596 F.3d 696, 701 (9th Cir. 2010). However, because
8 California has specific statutes governing the appointment of receivers to aid in the enforcement of
9 money judgments, state law applies. Id.; but see USACM Liquidating Trust v. Monaco, 2012 WL
10 12883959, *2-3 n. 7 (distinguishing Zuccarini and holding the Rule 66 applies over California law
11 but finding that “California law does not substantially differ from federal law on the appointment of
12 a receiver”).
13 Pursuant to California Code of Civil Procedure (“CCP”) Section 564, a court may appoint a
14 receiver “after judgment to carry the judgment into effect” and “after judgment, to dispose of the
15 property according to the judgment . . .” CCP 564(b)(3), (4); Gold v. Gold Realty Co., 114 Cal.
16 App. 4th 791, 804-05 (2003). CCP Section 708.620 provides the Court with authority to “appoint a
17 receiver to enforce the judgment where the judgment creditor shows that, considering the interests
18 of both the creditor and the judgment debtor, the appointment of a receiver is a reasonable method
19 to obtain the fair and orderly satisfaction of the judgment.” Conaway v. Conaway, (1963) 218 Cal.
20 App. 2d 427, 428. Likewise, a receiver may be appropriate when judgment debtors “repeatedly
21 thumb[] their noses” at enforcement efforts. City & County of San Francisco v. Daley, 16
22 Cal.App.4th 734, 744, (1993). The receiver’s fees and costs may be added to the judgment. CCP §
23 685.070(a)(5).
24 The court may also appoint a receiver to manage the business affairs of a law firm.
25 O’Flaherty v. Belgum, 115 Cal.App.4th 1044, 1061-62 (2004). Receivers further may be appointed
26 to investigate and recover potential fraudulent transfers. Cal. Civ. Code § 3440(b); Donell v. Kowell,
27 533 F.3d 762, 770-71 (9th Cir. 2008).
28

-27-
1 A restraining order against a judgment debtor may entered to restrain the judgment debtor
2 from assigning or otherwise disposing of the debtor’s rights to future payments. Cal. Code Civ. P.
3 § 708.520. The threshold for showing of “need” for a restraining order is “relatively low” and
4 demonstrating a debtor is not paying a judgment is sufficient. See, e.g. Legal Additions LLC v.
5 Kowalksi, 2011 WL 3156724 at *3 (N.D. Cal. July 26, 2011).
6 B. The Appointment of a Receiver is Appropriate and Urgently Needed.
7 Federal courts consider a variety of factors in determining whether to appoint a receiver,
8 including, for example: (1) “whether [the party] seeking the appointment has a valid claim”; (2)
9 “whether there is fraudulent conduct or the probability of fraudulent conduct,” by the defendant; (3)
10 whether the property is in imminent danger of “being lost, concealed, injured, diminished in value,
11 or squandered”; (4) whether legal remedies are inadequate; (5) whether the harm to plaintiff by
12 denial of the appointment would outweigh injury to the party opposing appointment; (6) “the
13 plaintiff's probable success in the action and the possibility of irreparable injury to plaintiff's interest
14 in the property”; and, (7) “whether [the] plaintiff's interests sought to be protected will in fact be
15 well-served by receivership.” Canada Life Assur. Co. v. LaPeter, 563 F.3d 837, 844 (9th Cir. 2009);
16 see also USACM Liquidating Trust 2012 WL 12883959, at *2-3 n. 7 (noting these elements are
17 likewise considered under California law).
18 All of these elements are satisfied in the present case:
19 1. JFL has a final $10 judgment and priority lien on EA’s assets, so it has a “valid
20 claim.” (Frank Decl., ¶¶ 11, 13-14, Ex. 8.)
21 2. The lengthy factual recitation above demonstrates there has been “fraudulent
22 conduct or the probability of fraudulent conduct” by EA and Avenatti, including serious examples
23 of bankruptcy fraud and concerted efforts to conceal assets from JFL and divert them to Avenatti,
24 his corporate entities and other third parties.
25 3. EA’s assets are in imminent danger of “being lost, concealed, injured, diminished in
26 value, or squandered.” Again, the factual recitation above includes numerous examples of EA and
27 Avenatti (a) concealing millions of dollars of fees in undisclosed accounts, (b) diverting money to
28 Avenatti and his corporate entities through improper transfers from client trust accounts; (c)

-28-
1 removing physical property and artwork from EA’s office; (d) violating the Bankruptcy Court’s
2 restraining order; (e) seeking to diminish EA’s right to fees in the Kimberly-Clark class action by
3 threatening to have the fees awarded to Avenatti personally rather than the firm; and (f) filing new
4 cases under a different “law firm” name, while using EA’s attorneys and resources on the cases.
5 4. Legal remedies are inadequate. JFL already has a sizable money judgment against
6 EA. The problem is collecting the judgment.
7 5. The potential harm to JFL without the appointment of a receiver is extreme, i.e., JFL
8 will not be able to collect the Judgment. This harm outweighs any inconvenience of having a
9 receiver manage and oversee the firm.
10 6. JFL’s “probable success in the action” and the “possibility of irreparable injury to
11 plaintiff’s interest in the property” is clear. Again, JFL has a final Judgment, and if the property is
12 permitted to dissipate, JFL will suffer irreparable injury because it will never be able to collect on
13 the Judgment.
14 7. JFL’s “interests will be well served by the appointment of a receiver” because, inter
15 alia: (a) the receiver will have the ability to access EA’s financial records and client information and
16 produce that information as required by the Court’s existing orders; (b) the receiver will be able to
17 manage the client trust accounts and ensure there are no longer any improper transfers or
18 commingling of money; (c) the receiver will be able to preserve assets so they may be paid to satisfy
19 JFL’s Judgment in an orderly fashion; (d) the receiver will be able to investigate potential fraudulent
20 transfers to third parties and evaluate whether to bring claims against those parties for the benefit of
21 EA and its creditors, including JFL; and (e) the receiver will be able to ensure that EA’s interests are
22 represented in any future fee applications.
23 In sum, the appointment of a receiver is a reasonable, and indeed necessary, method to obtain
24 the fair and orderly satisfaction of the Judgment. CCP § 708.620.
25 C. The Powers of the Receiver.
26 In O’Flaherty, the trial court vested the receiver taking over the law firm with “all the usual
27 powers, rights and duties of receivers appointed by this Court or otherwise defined by statute” and
28 granted the receiver the power to “operate and conduct the [law firm] in the ordinary course of its

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1 business other than practicing law” on behalf of the firm’s clients. 115 Cal.App.4th at 1061-62.
2 This Court should grant the proposed Receiver in this case these same broad powers to manage the
3 affairs of EA and its assets, with the limitation that the Receiver cannot provide legal services for
4 EA’s clients. These powers should include, but not be limited to the following:
5 1. The Receiver shall take possession of all past and current client engagement
6 contracts, case files, books and records, electronic files, and other documents necessary to manage
7 the Receivership Assets without limitation, except that the Receiver will not be authorized to provide
8 legal services to EA’s clients;
9 2. The Receiver shall be the sole signatory to any contract of EA during the
10 receivership;
11 3. The Receiver shall have the ability to investigate fraudulent transfers and avoidance
12 actions and to pursue litigation;
13 4. The Receiver shall have the power to sell assets upon Court approval;
14 5. The Receiver shall have the power to make payments toward the Judgment upon
15 Court approval;
16 6. The Receiver shall be authorized to and shall perform the following duties and
17 functions:
18 a. Make all inquiries EA might have made;
19 b. Bring and defend actions in his own name, as Receiver;
20 c. Hire legal counsel, accounting and tax professionals at normal and customary rates
21 to represent the Receiver in his duties, provided however, legal counsel retained to pursue fraudulent
22 and avoidable actions shall be on a contingency basis;
23 d. Have control of, and to be added as the sole authorized signatory for all accounts of
24 EA, including all accounts at any bank, title company, escrow agent, financial institution or
25 brokerage firm which has possession, custody or control of any assets or funds of the EA, or which
26 maintains where EA employees or agents in such capacity have signatory authority;
27 e. Open and close bank accounts;
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1 f. Endorse and deposit checks, money, negotiable instruments or commercial paper
2 through which EA is compensated in any manner whatsoever into a receivership account;
3 g. Pay all necessary costs and expenses to operate EA in order to maximize its assets;
4 h. Manage the business affairs of EA, including monitoring and approving necessary
5 expenses needed to operate the business and accepting new business contracts;
6 i. Have access to and become the “administrative user” for all of EA’s software
7 programs and website;
8 j. Maintain detailed accounting records of all deposits to and all expenditures from the
9 Receiver’s bank account, and until the termination of the receivership;
10 k. Disburse funds to pay for the Receivership fees and costs to which the Receiver is
11 entitled;
12 l. Disburse funds to JFL and/or EA, or any other creditor as ordered by this Court;
13 m. Conduct investigation and discovery, as may be necessary to locate and account for
14 all of the assets of or managed by EA, including receiving, collecting and reviewing all mail
15 addressed to EA, and change the mailing address to an address specified by the Receiver;
16 n. Take such action as is necessary and appropriate to preserve and take control of and
17 to prevent the waste, dissipation, loss of value, concealment, or disposition of any assets of or
18 managed by EA;
19 o. The power to enter into settlements on behalf of EA with the approval of the Court;
20 and
21 p. The power to hire counsel to represent EA’s interests in any application for fees and
22 costs in cases in which EA attorneys provided legal services.
23 As part of the Order, the Court should direct EA and Avenatti to:
24 1. Immediately respond to all inquiries of the Receiver pertaining to EA;
25 2. Provide keys and passwords to the Receiver and grant the Receiver unfettered access
26 to EA and all premises and computer systems relating thereto;
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1 3. Add the Receiver as an additional insured on the policies for the period that the
2 Receiver shall be in possession of the estate; the Receiver shall not be liable for EA’s failure to carry
3 or obtain adequate insurance; and
4 4. Turn over all undeposited checks to the Receiver.
5 5. Meet and disclose all current cases being managed by EA with the Receiver and JFL
6 within seven business days of the entry of the order appointing the Receiver.
7 These powers and duties are set forth in greater detail in the [Proposed] Order and are
8 modeled on the California forms for an Order to Show Cause re: Appointment of a Receiver found
9 at www.court.ca.gov/documents/rc310.pdf.
10 IV. NOMINATION OF BRIAN WEISS AS RECEIVER
11 JFL has nominated Brian Weiss as the receiver, and he has agreed to serve as Receiver if
12 appointed by the Court. As set forth in his declaration, Weiss is a highly experienced fiduciary and
13 has served in numerous court-appointed and approved fiduciary capacities including Receiver, Plan
14 Trustee, Litigation Trustee, Liquidating Trustee, Chief Restructuring Officer, Responsible Officer,
15 and Manager and is completely qualified to serve as a receiver to enforce the Judgment in this case
16 and operate EA until cessation of the receivership. Weiss has experience with post-judgment
17 enforcement as well as administration of business operations. In addition to his skill and expertise,
18 Weiss is qualified because he has no personal bias in the case. (See Declaration of Brian Weiss,
19 Exs. A and B.)
20 JFL further requests that should Weiss be appointed, his fees, the fees of any attorneys or other
21 professionals retained by him, and all other attendant costs of the receivership estate be paid from
22 the income and assets of EA as costs added to the Judgment. Pursuant to CCP § 685.070(a)(5), all
23 costs associated with the appointment of a receiver (under CCP § 708.620) to assist in the
24 enforcement of a money judgment may be claimed as a cost and added to the Judgment.
25 V. CONCLUSION.
26 For all the foregoing reasons, JFL respectfully request the Court grant this Motion and
27 appoint Weiss as the Receiver over the Judgment Debtor with powers to administer and liquidate
28 the assets of EA in accordance with the concurrently filed and served [Proposed] Order.

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1 Dated: February 12, 2019 FRANK SIMS & STOLPER LLP

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By: /s/ Scott H. Sims
4 Scott Sims, Esq.
Attorneys for Judgment Creditor
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Jason Frank Law, PLC
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Case 8:18-cv-01644-VAP-KES Document 51-1 Filed 02/12/19 Page 1 of 16 Page ID
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1 Scott H. Sims, State Bar No. 234148

Andrew D. Stolper, State Bar No. 205462
2 FRANK SIMS & STOLPER LLP
19800 MacArthur Boulevard, Suite 855
3 Irvine, California 92612,
Telephone: (949) 201-2400
4 Facsimile: (949) 201-2401
astolper@lawfss.com
5 ssims@lawfss.com
6 Attorneys for Judgment Creditor

JASON FRANK LAW, PLC
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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11 In re Case No. 8:18-CV-01644-VAP-KES
12 EAGAN AVENATTI, LLP, DECLARATION OF JASON M. FRANK IN

SUPPORT OF MOTION FOR
13 Debtor. APPOINTMENT OF RECEIVER AND
RESTRAINING ORDER
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[Motion, Declaration of Brian Weiss and
15 [Proposed] Order filed concurrently herewith]
16 Date: March 12, 2018

Time: 10:00 a.m.
17 Courtroom: 6D
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Declaration of Jason M. Frank ISO Motion for
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Appointment of Receiver & Restraining Order
#:1322
1 DECLARATION OF JASON M. FRANK
2 I, Jason M. Frank, declare as follows:
3 1. I am the owner and president of the judgment creditor, Jason Frank Law, PLC
4 (“JFL”). I am admitted to practice law before all federal and state courts in the State of California,
5 and I am a member in good standing of the State Bar of California. I am currently a partner at
6 Frank Sims & Stolper LLP (“FSS”). I am making this declaration in support of JFL’s Motion for
7 Appointment of Receiver (the “Motion.”) I have personal knowledge of the facts set forth herein,
8 unless stated on information and belief, and if called as a witness, I could and would competently
9 testify thereto.
10 2. I worked at EA from February 15, 2009 through May 20, 2016. EA is small
11 litigation firm that had approximately seven to nine attorneys at any given time during my
12 employment at the firm. EA primarily handles contingency matters, whereby the firm only receives
13 legal fees after a case resolves in favor of EA’s clients. The two equity partners are Michael Eagan
14 (“Eagan”) and Michael Avenatti (“Avenatti”). Avenatti is the managing partner of the firm and
15 owns his interest in the firm through his personal corporation, Avenatti & Associates, APC (“AA”).
16 3. My last contract with EA was entered as of November 1, 2013. The contract was
17 an independent contractor agreement between EA, on the one hand, and my professional law
18 corporation, JFL, and I (Jason Frank) on the other hand. Pursuant to Section 3 of the contract, JFL
19 was entitled to various forms of compensation, including 25% of the firm’s annual profits, 20% of
20 the fees collected from Frank’s clients and certain case-specific bonuses, among other
21 compensation. JFL was also entitled to the firm’s financial information, including its federal tax
22 returns, Schedule K-1’s and annual revenue and expense reports pursuant to Section 5 of the
23 contract. A true and correct copy of this contract is attached as Exhibit 1.
24 4. EA failed to pay the amounts owed to JFL under the independent contractor
25 agreement. Accordingly, in February 2016, I, on behalf of JFL, filed an arbitration demand with
26 JAMS for breach of contract. JFL later added a claim for fraud and punitive damages after learning
27 EA and Avenatti had been misstating the firm’s profits. I resigned from the firm on May 20, 2016.
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1 5. The arbitration was scheduled to go forward on March 13, 2017. On February 10,
2 2017, the three-judge arbitration panel unanimously awarded substantial issue and evidentiary
3 sanctions against EA, including a finding that EA had “acted with malice, fraud and oppression by
4 hiding its revenue numbers” and “tax returns” from JFL in violation of the independent contractor
5 agreement. The panel concluded that further issue sanctions were appropriate due to the
6 “magnitude of EA’s non-compliance with Panel Orders” concerning its failure to produce financial
7 records. A copy of the Panel’s Final Sanction Order is attached as Exhibit 2. On February 22,
8 2017, the Panel unanimously ordered Avenatti, Eagan and EA’s office manager, Judy Regnier, to
9 each appear for a deposition no later than March 3, 2017, or else JFL could request additional
10 sanctions. A copy of the Panel’s Order Compelling Depositions is attached as Exhibit 3.
11 6. On March 1, 2017, less than two weeks before the arbitration and two days before
12 the deposition deadline, a single creditor named Gerald Tobin with a purported claim of $28,700
13 filed a petition to place EA into involuntary bankruptcy in the Middle District of Florida, thereby
14 staying the arbitration proceedings. (Case No. 6:17-bk-01329-KSJ, Doc. 1.) JFL filed an
15 emergency motion for relief from the stay. (Id., Doc. 3). The Florida bankruptcy court
16 conditionally granted the motion because the “involuntary case has the stench of impropriety” and
17 questioned whether Tobin “has some relationship with the firm that would have induced a collusive
18 filing or if [EA] just got plain lucky that somebody filed on the eve of the arbitration.”
19 Notwithstanding the foregoing, court indicated the stay would remain in effect if EA voluntarily
20 consented to be placed into bankruptcy. A copy of the relevant excerpts of the hearing transcript
21 (pp. 21:21 to 24:7) before the Florida bankruptcy court are attached as Exhibit 4.
22 7. On Friday, March 10, 2017, one court day before the arbitration, EA consented to
23 be placed into Chapter 11 bankruptcy thereby preventing the arbitration from going forward
24 8. During the bankruptcy, there were two 341(a) Meeting of Creditors conducted by
25 the U.S. Trustee’s office in which Avenatti testified on behalf of EA: the first occurred on June 12,
26 2017 and the second on July 14, 2017. The second meeting was held due to the fact that the U.S.
27 Trustee’s office identified a number of “errors” in EA schedules and required EA to file amended
28 schedules. A copy of the excerpts cited in the Motion from the transcript of the first 341(a) Meeting
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1 of Creditors (pp. 105:4-25 187:6 – 188:14) is attached as Exhibit 5. A copy of the excerpts cited
2 in the Motion from the transcript of the second 341(a) Schedule Meeting of Creditors (pp. 51:17-
3 25; 59:2 – 63:9; 70:2 – 73:18) is attached as Exhibit 6.
4 9. In August 2017, I entered into a settlement with EA, AA, Avenatti and Eagan on
5 behalf of myself, JFL, my current law firm, FSS, and my current partners, Scott Sims (“Sims”) and
6 Andrew Stolper (“Stolper”). The settlement was documented in a written agreement dated
7 December 12, 2017. A true and correct copy of the written Settlement Agreement (without its
8 exhibits) is attached as Exhibit 7.
9 10. On March 15, 2018, the Bankruptcy Court approved the Settlement and dismissed
10 EA’s bankruptcy case. As a result, EA’s first settlement payment to JFL was due within 60 days,
11 on or before May 14, 2018. EA failed to make the payment.
12 11. As a result of EA’s default of the Settlement, on May 22, 2018, the Bankruptcy
13 Court entered a final judgment against EA in the amount of $10 million plus post-judgment interest
14 and reasonable attorney fees and costs incurred in collecting the judgment (the “Judgment”). (Case
15 No. 8:17-bk-11961-CB, Doc. 445). A Writ of Execution was issued on June 6, 2018 in the amount
16 of $10,008,465.75, a true and correct copy of which is attached as Exhibit 8. A judgment lien in
17 the amount of $10,008,465.75 against EA’s assets was entered with the California Secretary of
18 State on June 7, 201, a true and correct copy of which is attached as Exhibit 9. Based on a search
19 of prior liens, it is my understanding that JFL’s secured judgment lien has priority over all other
20 liens and claims against EA and its property, with the possible exception of approximately $200,000
21 in liens still held by the United States Internal Revenue Service (the “IRS”).
22 12. On or about November 20, 2018, the California Superior Court for the County of
23 Los Angeles entered a judgment in favor of JFL against Avenatti for $5,054,287.75, not including
24 post-judgment interest and attorney fees and costs. This was due to Avenatti’s breach of a personal
25 Guaranty entered in connection with the Settlement. A copy of the judgment against Avenatti is
26 attached as Exhibit 10.
27 13. To date, EA has not made any payments toward the Judgment. The U.S. Marshals
28 sent Memorandums of Garnishee notifying JFL that it levied $3,003.93 from EA’s bank accounts
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1 in June 2018 and $99.30 in July 2018 and $5,649.82 in November 2018.
2 14. There is now due and owing JFL the amount of $10,000,000 plus interest from the
3 date of the entry of the Judgment (May 22, 2018) at a rate of approximately $564.38 per day for an
4 approximate total of $150,125.08 ($564.38 x 266 days). I have not included a liquidated amount of
5 counsel fees and costs incurred to date to enforce the Judgment, as that amount increases nearly
6 daily. But I, on behalf of JFL, expressly reserve the right to seek such amounts in the future as
7 provided for in the Judgment.
8 15. On or about July 12, 2018, Avenatti was ordered to appear for a judgment debtor
9 exam on July 25, 2018. (Case No. 8:17-bk-11961-CB, Dkt. 477). The Bankruptcy Court also
10 issued a subpoena for financial records and client information, among other categories of
11 documents.
12 16. On July 25, 2018, Avenatti showed up to the judgment debtor exam without any
13 documents (beyond his publicly filed bankruptcy schedules). The exam was of little value because
14 Avenatti would repeatedly claim he needed to “look at” his financial records to answer any specific
15 questions about EA’s assets. A true and correct copy of excerpts from the July 25, 2018 exam cited
16 in the Motion (pp. 10:15 – 11:1; 32:14-33:14; 41:11 – 42:8) is attached as Exhibit 11. A full copy
17 of the exam was lodged with the Court in this matter on or about January 24, 2019. (Doc. 43.)
18 17. On November 28, 2018, this Court ordered Avenatti to produce the records and
19 information requested in the subpoena as modified by JFL’s status conference report concerning
20 meet and confer efforts. (Doc. 25.) To date, Avenatti has failed to produce the financial records,
21 client information and case information, among other documents ordered by the Court despite
22 numerous opportunities to do so – as set forth in detail in this Court’s Certification and Order to
23 Show Cause Re Contempt. (Doc. 48.) Judge Phillips has indicated she will be setting a hearing on
24 whether to find Avenatti in contempt based on this Court’s certified findings of fact.
25 18. On July 11, 2018, the Bankruptcy Court issued a restraining order (the “Restraining
26 Order”) precluding EA from “assigning, encumbering or in any way transferring any proceeds,
27 attorney’s fees, costs, rights to payments and accounts receivable” that EA receives or is entitled to
28 receive from any clients or lawsuits identified in Exhibit A to JFL’s Amended Motion for Entry of
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1 Assignment and Restraining Order (the “Cases”). (Case No. 8:17-bk-11961-CB, Doc. 498.) The
2 order further required EA to file notice of receipt of any monies received from the Cases regardless
3 of whether the payment is made to EA, AA, Avenatti or Eagan, or any entity controlled by them.
4 (Id.) A true and correct copy of the Restraining Order and Exhibit A identifying the Cases covered
5 by the Order are attached as Exhibit 12. A true and correct copy of the cited excerpts from the July
6 11, 2018 transcript of the hearing on JFL’s Amended Motion for Entry of Assignment and
7 Restraining Order cited in the Motion (pp. 41:18-43:20) is attached as Exhibit 13.
8 19. EA has never timely filed the notice of receipt of funds required by the Restraining
9 Order, and only does so after JFL notifies EA and/or the Court of EA’s non-compliance. To date,
10 EA has not filed a notice for any money received after December 12, 2018, despite its assurances
11 it would submit the notice by the 15th of every month. Specifically, in response to an earlier Motion
12 for Contempt filed by JFL, EA argued the Restraining Order was “silent” on when EA had to send
13 the notice of receipt of money and opposed JFL’s contention that EA had to provide prompt notice
14 upon receipt of payment. (Case No. 8:17-bk-11961-CB, Doc. 538.) Instead, EA argued it “always
15 intended to file its status reports on a monthly basis much like the monthly operating reports that it
16 filed in the bankruptcy case” and would do so on the 11th of each month. (Id. at 2.) At a hearing
17 on August 27, 2018, the Bankruptcy Court permitted EA to file the notice by the 15th of each
18 month. But when September 15th arrived, EA failed to provide the notice. After notifying EA’s
19 counsel of the non-compliance, EA subsequently served the notice on September 18, 2018.
20 However, on October 15, EA once again failed to provide the notice. After JFL notified EA of the
21 deficiency, EA sent a notice on October 18, 2018. Nothing was sent in November 2018. After
22 raising this delinquency with this Court, EA filed a notice on December 18, 2018 for the time period
23 October 13 through December 12, 2018. No other notices have been provided since. A true and
24 correct copy of the excerpts from the August 27, 2018 transcript cited in the Motion (p. 44:7-12) is
26 20. In response to a subpoena, California Bank & Trust (“CBT”) has produced copies
27 of EA’s bank records to JFL for the time period January 1, 2013 through October 31, 2018. CBT
28 has also produced bank records for EA’s client trust accounts from the time period January 1, 2012
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1 through October 31, 2018. In addition, CBT has produced bank records for other entities owned
2 by Avenatti, including AA, Global Baristas and Passport 420, among other entities.
3 21. In response to a subpoena, City National Bank (“CNB”) has produced copies of
4 bank records to JFL for four (4) accounts Avenatti opened during the bankruptcy, an operating
5 account and three client trust accounts.
6 22. Pursuant to this Court’s instructions, JFL is redacting all but the last four digits of
7 bank account numbers for identification purposes. (Doc. 34.)
8 23. During the initial Judgment Debtor Exam, on July 25, 2018, Avenatti testified that
9 EA receives $35,000 per month in fees from a client named Medline Industries, Inc. (“Medline”).
10 in connection with one of the Cases covered by the Restraining Order (“Medline v. Kimberly
11 Clark”). (See Ex. 11 at 44:11 – 42:8; Ex. 12, ¶ 14.)
12 24. Attached as Exhibit 15 is a check from Medline in the amount of $35,000 that was
13 deposited into EA’s Debtor-In-Possession Operating Account at CBT (0313) in June 2018, which
14 was produced by CBT in response to JFL’s subpoena.
15 25. Attached as Exhibit 16 are checks from Medline (each in the amount of $35,000)
16 that were deposited into EA’s Client Trust Account at CBT (4613) in July, August, September and
17 October 2018. These documents were produced by CBT in response to JFL’s subpoena.
18 26. Attached as Exhibits 17, 18, 19, 20, 21, 22, 23 and 24 are the bank statements for
19 EA’s Client Trust Account at CBT (4613) for the months of March 2018 (when the bankruptcy was
20 dismissed) through October 2018. These documents were produced by CBT in response to JFL’s
21 subpoena.
22 27. Pursuant to the Operating and Reporting Requirements of the U.S. Trustee (“ORR”),
23 a Chapter 11 Debtor must “immediately close pre-petition bank accounts and open new ‘debtor in
24 possession’ bank accounts” (“DIP accounts”). (ORR, Operating Guidelines I(A)(1); 11 U.S.C. 345,
25 704(8); 28 U.S.C. 586.).
26 28. On or about May 23, 2017, due to EA’s Chapter 11 bankruptcy, EA closed its bank
27 accounts at CBT and opened Debtor-In-Possession (“DIP”) accounts at CBT, including a DIP
28 operating account (0313), a DIP payroll account (0321) and a DIP IRS account (0339). Attached
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1 as Exhibit 25 is the signature card produced by CBT for the DIP accounts reflecting that they were
2 opened on May 23, 2017.
3 29. EA did not close its existing client trust account at CBT (8671). However, during
4 the bankruptcy, EA opened two new client trust accounts at CBT: CBT (3714) opened on or about
5 September 19, 2017 and CBT (4613) opened on or about January 26, 2018. A copy of the signature
6 card produced by CBT for these accounts is attached as Exhibit 26.
7 30. On or about May 11, 2017, less than two weeks before opening EA’s DIP accounts
8 at CBT, Avenatti opened two new accounts at City National Bank (“CNB”) under the name
9 “Michael Avenatti, Esq.”: one of which was a general operating account (3504) and the other
10 designated as a “client trust account” (3512). A true and correct copy of the Business Account
11 Agreements produced by CNB for these accounts are attached as Exhibit 27 (3504) and Exhibit
12 28 (3512).
13 31. During the bankruptcy, Avenatti opened two more “client trust accounts” at CNB:
14 one on or about September 15, 2017 (4705) and the other on or about December 28, 2017 (5566).
15 CNB did not produce Business Account Agreements for these two accounts, but the first bank
16 statements for each account are attached as Exhibit 29 (4705) and Exhibit 30 (5566).
17 32. Avenatti never disclosed that he opened these CNB accounts during the bankruptcy,
18 nor did he disclose the existence of these accounts. In fact, under questioning by the U.S. Trustee’s
19 Office during the 341(a) Meeting of Creditors on June 12, 2018, Avenatti denied, under oath, that
20 he currently had any client trust accounts in his name, despite opening these accounts a month
21 earlier. (Ex. 5 at 187:16 – 188:14.) Further, during the initial judgment debtor exam in this matter
22 on July 25, 2018, Avenatti testified that EA’s only accounts during the last four years were at CBT.
23 (Ex. 11 at 32:14-33:14.) However, as the evidence establishes below, Avenatti was depositing
24 millions of dollars of EA fees into these undisclosed CNB accounts both during and after the
25 bankruptcy.
26 33. In connection with its Schedule of Assets in the bankruptcy, EA identified a series
27 of cases in which EA was entitled to contingency fees. (Case No. 8:17-bk-11961-CB, Doc. 149,
28 Exhibit B-75). EA filed an “Errata” to its schedules on August 22, 2017 because it failed to list
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1 certain matters identified during the bankruptcy proceedings. A true and correct copy of the list of
2 EA contingency cases identified by EA during the bankruptcy, as modified by the “Errata”, is
4 The Greco v. NFL Cases
5 34. One of the matters EA listed on its Schedule of Assets was the Greco v. NFL case,
6 which was a series of consolidated lawsuits relating to Super Bowl XLV in Dallas, Texas. (Ex. 31,
7 ¶ 8.) EA’s local counsel on the matter was Christopher Ayres (“Ayres”) of Ayres Law Office P.C.
8 (the “Ayres firm”).
9 35. On or about December 27, 2018, JFL served a deposition and document subpoena
10 on the Ayres firm. Per JFL’s agreement, the Ayres firm provided an affidavit in lieu of a deposition,
11 and produced 34 pages of records (the “Ayres Affidavit”). Attached as Exhibit 32 is a true and
12 correct copy of the Ayres Affidavit.
13 36. Attached as Exhibit 33 is an email from Ayres, dated May 10, 2017, which was
14 produced by Ayres in connection with JFL’s subpoena.
15 37. Attached as Exhibit 34 is an email from Avenatti, dated May 15, 2017, in which
16 Avenatti instructs how EA’s payment of $1,361,717.27 should be wired to two separate accounts.
17 Avenatti instructs how one wire in the amount of $408,723.70 should be sent to CBT with the
18 beneficiary name EA and the other wire in the amount of $952,994.57 should be sent to CNB in
19 the name of “Attorney Client Trust Account, 520 Newport Center Dr. Ste. 1400, Newport Beach,
20 CA.” This is the address for EA. This email was produced by Ayres in connection with JFL’s
21 subpoena.
22 38. Attached as Exhibit 35 is the May 2017 bank statement from EA’s prior Operating
23 Account at CBT (2851) reflecting receipt of the wire of $408,723.70 from the Ayres firm, which
24 was produced by CBT in response to the subpoena.
25 39. Attached as Exhibit 36 is a chart of incoming wires into the CNB client trust account
26 (3512) produced by CNB in response to the subpoena. It reflects that this account received a wire
27 from the Ayres firm in the amount of $952,994.57.
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1 40. EA disclosed the receipt of the $408,723.70 in its Monthly Operating Report for
2 May 2017. (Case No. 8:17-bk-11961-CB, Doc. 126, pp. 1, 23.) However, EA did not disclose
3 the receipt of the other $952,994.57. (Id.) In other words, EA and Avenatti made it appear to the
4 Bankruptcy Court, the U.S. Trustee’s office and EA’s creditors that EA only received
5 $408,723.70 from the Ayres firm in May 2017, when in fact it received over $1.36 million.
6 41. Avenatti transferred virtually all of the $952,994.57 from the CNB client trust
7 account (3512) to the CNB operating account (3504) in seven separate transactions over the next
8 two months. Attached as Exhibit 37 are the counter checks for the CNB client trust account (3512)
9 for the months of May, June and July 2017 transferring the money to the CNB operating account
10 (3504). Attached as Exhibit 38 are the bank statements for the CNB operating account (3504) for
11 the months of May, June and July 2017 reflecting the deposits.
12 42. As soon as the money from the Greco v. NFL cases was deposited into the CNB
13 operating account (3504), Avenatti immediately wired the money to AA’s operating account at
14 CBT (0661). (See Ex. 38). Attached as Exhibit 39 is a chart of outgoing wires from the CNB
15 operating account (3504) reflecting the wires to AA.
16 43. Attached as Exhibit 40 are the bank statements from AA’s operating account at
17 CBT (0661) for the months of May and June 2017, reflecting the deposits from the Greco v. NFL
18 cases and the subsequent payments AA made for Avenatti’s personal expenses -- such as his
19 monthly rent at the Ten Thousand luxury apartment building in Century City ($14,235.98), monthly
20 car payments on his Ferrari ($4,000), Traditional Jewelers ($11,000), Koi fish ($1,348), etc. -- as
21 well as larger transfers to his other business interests, such $150,000 to his coffee company (Global
22 Baristas) and $232,875 to HTP Motorsport GmBh for his auto racing hobby.
23 Barela v. Brock USA, LLC
24 44. EA was counsel of record for Greg Barela in a lawsuit entitled Barela v. Brock USA,
25 LLC, Case No. 8:15-cv-779 (“Barela”) filed in U.S District Court for the Central District of
26 California in May 2015. The lawsuit was compelled to arbitration before the Judicial Arbiter
27 Group, Inc. in Colorado. A true and correct copy of the docket reflecting this information is

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1 45. During the bankruptcy, on or about December 28, 2017, Avenatti opened another
2 undisclosed client trust account at CNB (5566). On January 5, 2018, this account received a wire
3 of $1.6 million from Brock USA LLC. Attached as Exhibit 42 is the January 2018 bank statement
4 for CNB (5566) reflecting this wire. Attached as Exhibit 43 is the Transaction Detail Report for
5 the wire produced by CNB in response to the subpoena.
6 46. One day prior to the wire, Avenatti deposited a check to EA into CNB (5566) from
7 Judicial Arbiter Group, Inc. for $11,718.75 – which according to memo line on the check was for
8 “Barela v. Brock.” A true and correct copy of the check is attached as Exhibit 44.
9 47. On January 11, 2018, Avenatti sent EA a cashier’s check for $111,113.22. A true
10 and correct copy of the check is attached as Exhibit 45.
11 48. Remaining money from the $1.6 million deposit was disbursed from CNB (5566) to
12 various persons and entities that appear to be related to Avenatti’s coffee company (Global
13 Baristas), such as Dillanos Coffee Roasters and Alki Bakery. Attached as Exhibit 46 is a chart of
14 outgoing wires from CNB (5566). Attached as Exhibit 47 is an article from the Seattle times
15 (www.seattletimes.com/seattle-news/before-stormy-daniels-her-attorney-faced-allegations-of-
16 dubious-business-dealings/) about Avenatti and Global Baristas, which identifies Dillanos Coffee
17 and Alki Bakery as creditors of Global Baristas.
18 49. EA never disclosed the Barela case on its Schedule of Assets in the bankruptcy.
19 (See Exhibit 31). Further, EA and Avenatti did not disclose that Avenatti received money from
20 this settlement to pay his personal expenses. On the contrary, Avenatti signed a statement under
21 penalty of perjury stating that he, as EA’s principal, did not receive any compensation that month.
22 (Case No. 8:17-bk-11961-CB, Doc. 372). Barela recently filed a lawsuit against EA and Avenatti
23 claiming that Avenatti never disclosed he received the settlement payment in January 2018 and, in
24 fact, denied receiving the payment. A copy of that complaint as produced by the Daily Beast is
26 Nadjat-Haiem v. Alhadeff
27 50. During the bankruptcy, EA opened a new client trust account at CBT (3714) on
28 September 19, 2017. (Exhibit 26.) EA did not disclose this account during the bankruptcy.
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1 51. The next day after it was opened, on or about September 20, 2017, a check was
2 deposited into this new EA client trust account (3714) in the amount of $5.5 million. The check
3 states “PAY TO THE ORDER OF Eagan Avenatti LLP, as attorney for Jennifer Nadjat-Haiem.”
4 A true and correct copy of the check is attached as Exhibit 49.
5 52. A search of court records reveals that EA represented Nadjat-Haiem in a personal
6 injury action entitled Jennifer Nadjat-Haiem v. Matthew Joseph Alhadeff. A true and correct copy
7 of the docket reflecting EA’s representation of Nadjat-Haiem is attached as Exhibit 50.
8 53. EA did not list this matter on its Schedule of Assets in the bankruptcy. (See Exhibit
9 31). EA further did not disclose to the Bankruptcy Court the receipt of this payment in its Monthly
10 Operating Report. (Case No. 8:17-bk-11961-CB, Doc. 260.) Instead, similar to the Greco v. NFL
11 case, Avenatti transferred a portion of the money ($409,241.28) to EA’s DIP account -- which
12 amount was disclosed in the Monthly Operating Report -- while keeping a larger portion hidden in
13 the client trust account so he could transfer it to himself and pay other personal expenses without
14 the knowledge of the Bankruptcy Court or EA’s creditors. (Id., p. 18.) In total, Avenatti transferred
15 at least $1.7 million from the new client trust account at CBT (3714) to himself, his coffee company
16 (Global Baristas) and other expenses relating to his coffee company. Attached as Exhibit 51, 52
17 and 53 are the September, October and November 2017 bank statements for EA’s client trust
18 account at CBT reflecting these facts.
19 54. Avenatti did not disclose he received any money from this settlement. On the
20 contrary, he falsely stated, under penalty of perjury, in the October and November 2017 Monthly
21 Operating Reports that EA did not provide “any compensation or renumeration to any officers,
22 directors, principals or other insiders” during the months of October and November 2017. (Case
23 No. 8:17-bk-11961-CB, Doc. 294, 310.)
24 Personalized Beauty
25 55. In September 2017, Avenatti opened another undisclosed client trust account at
26 CNB (4705). (See Exhibit 29.) That same month, approximately $29 million was deposited into
27 the account from a third-party, Personalized Beauty Discovery, Inc. (“Personalized Beauty”), as
28 well as $899,795.85 from Avenatti. A true and correct copy of the September 2017 bank statement
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1 for the CNB (4705) account is attached as Exhibit 54.
2 56. A true and correct copy of a chart of incoming wires into the CNB (4705) account
3 is attached as Exhibit 55.
4 57. A true and correct copy of a chart of outgoing wires from the CNB (4705) account
5 is attached as Exhibit 56. During the period March 20, 2018 to May 1, 2018, Avenatti wired over
6 $1 million from the CNB account (4705) to an EA client trust account at CBT (3714). As the May
7 14, 2018 deadline for EA’s first Settlement Payment to JFL approached, Avenatti transferred the
8 remaining amount of over $4 million to a clearing account at the Boston Private Bank & Trust, Co.,
9 thereby emptying the CNB account prior to JFL’s Judgment
10 58. A true and correct copy of a counter check, dated September 18, 2017, in the amount
11 of $2,787,650.87 from the CNB (4705) account to the operating account at CNB (3504) is attached
12 as Exhibit 57.
13 Post-Judgment Acts of Concealment and Diversion
14 59. On June 18, 2018, a third-party wired $17 million to the same undisclosed “client
15 trust” account at City National Bank that Avenatti set up for the Greco v. NFL money (CNB 3512).
16 (See Exhibit 36). That same day, Avenatti wired $1.2 million in fees from this settlement into
17 another undisclosed client trust account that EA opened at CBT (4613). (See Exhibit 39.) This
18 client trust account was opened by EA during the bankruptcy on January 26, 2018. (See Exhibit
19 26.) This was the first deposit into this account. The money was then transferred to various
20 Avenatti entities (AA and Passport 420) and related third-parties (the X-Law Group). (See Exhibit
21 39.)
22 60. The bank statements produced by CBT and CNB have been loaded into an electronic
23 database (Valid8) that enables me to search for payments to various persons and entities and totals
24 the payments by account or multiple accounts. Using this tool, I calculated the total amount of
25 money paid from EA’s client trust accounts at CBT to Avenatti’s coffee company (Global Baristas),
26 his personal corporation (AA) and the holding company for his HondaJet airplane (Passport 420).
27 I also calculated the total amount paid to these entities after the dismissal of the bankruptcy. These
28 totals include wires and inter-bank transfers. They do not include checks EA may have wrote to
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1 one of these AA entities, so the amounts may be understated. This review yielded the following:
2 a. EA has transferred over $1,974,219 to Global Baristas from EA’s client trust
3 accounts at CBT, including $352,950 since the dismissal of the bankruptcy on
4 March 15, 2018.
5 b. EA has transferred $629,660 to AA from EA’s client trust accounts at CBT,

6 including $462,150 since the dismissal of the bankruptcy.
7 c. EA has transferred $112,500 to Passport 420 from EA’s client trust accounts at
8 CBT, including $91,200 since the dismissal of the bankruptcy.
9 This does not include the other non-EA related payments made from the client trust accounts as
10 reflected in those bank statements. (See, e.g., Exhibits 17, 18, 19, 20, 21, 22, 23 and 24.)
11 Kimberly-Clark
12 61. One of EA’s largest known assets is its right to attorney fees and costs in a class
13 action entitled Bahamas Surgery Center LLC. V. Kimberly-Clark Corp. et al., Case No. CV 14-
14 8390-DMG (PLAx) (the “Kimberly-Clark class action”). During the bankruptcy, EA obtained a
15 trial verdict of approximately $5 million in compensatory damages and prejudgment interest, and
16 approximately $449 million in punitive damages. (Case No. CV 14-8390-DMG, Doc. 501, 503.)
17 The trial court (the Honorable Dolly Gee) reduced the punitive damage award on remitter to
18 approximately $20 million and entered a judgment against Defendants for approximately $25
19 million. (Id., Doc 529, 578.) Defendants appealed the judgment, and EA, on behalf of the class,
20 appealed the punitive damage award reduction. The Parties agreed to delay EA’s application for
21 fees and costs until after the resolution of the appeals. The briefing on the appeals is scheduled to
22 conclude next month in March 2019.
23 62. Assuming the judgment in the Kimberly-Clark class action is affirmed, EA stands
24 to be awarded fees and costs of at least $10 million. During the past two decades of my practice, I
25 have specialized in class action litigation. As a result, I am well-versed in the law regarding fee
26 awards in federal class actions. Where, as here, a class action goes to trial and then on appeal, the
27 standard fee award is typically 40% of the total award. (See Expert Declaration of William B.
28 Rubenstein in Hale v. State Farm et al., Case No. 3:12-cv-00660 (S.D. Ill., Oct. 16, 2018), ¶ 38.)
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1 In December 2018, my firm and co-counsel were recently awarded fees totaling approximately
2 40% of a total $25 million settlement fund in an employment class action in Orange County,
3 California entitled Wall v. HP Inc. et al., Case No. 30-2012-00537897-CU-BT-CXC.
4 63. During these post-judgment proceedings, Avenatti filed an opposition to JFL’s
5 Amended Motion for Entry of Assignment and Restraining Order in which he claims that EA is
6 only entitled to “a small portion of the fees from the case due to the fact the firm was never
7 appointed class counsel in the case.” (Case No. 8:17-bk-11961-CB, Doc. 464 at 2.) Instead,
8 Avenatti contends he personally was appointed Class Counsel, not the firm, and therefore he is
9 personally entitled to the fees. (Id.)
10 64. This is not how fee awards work in class actions - fees are awarded to the firm, not
11 the individual lawyer. But even accepting this absurd premise arguendo, given that Avenatti is the
12 managing partner of EA, the conflict of interest is obvious. Absent a receiver, Avenatti could
13 deliberately attempt to have the fees awarded to himself or another entity, at the detriment of EA
14 and its creditors. A receiver needs to be in place to ensure EA’s interests are represented in any fee
15 application in the Kimberly-Clark class action or other matters.
16 EA’s Eviction from its Office in Newport Beach, California
17 65. EA was evicted from its office at 520 Newport Center Drive, Newport Beach
18 California on November 28, 2018. On December 17, 2018, I, on behalf of JFL as a secured creditor
19 of EA, received a Notice of Right to Reclaim Abandoned Personal Property from counsel for the
20 landlord, the Irvine Company. The deadline to claim the property was January 10, 2019. A true
21 and correct copy of the notice is attached as Exhibit 58.
22 66. On December 21, 2018, I inspected EA’s premises with the landlord’s representative
23 in preparation for an auction of the abandoned property. Upon inspection, I observed that virtually
24 all of the artwork had been removed from the premises. EA indicated this artwork was worth
25 approximately $50,000 in its bankruptcy schedules. (Case No. 8:17-bk-11961-CB, Doc. 149, ¶
26 39.) As I was leaving the inspection, I noticed EA’s office manager, Judy Regnier, was parked
27 next to my vehicle and sitting in her car in the parking lot, so EA was aware of my inspection.
28
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1 67. The following week, counsel for landlord notified me that EA had removed all of
2 the property from the premises over the weekend, so there was nothing left to auction. I do not
3 know where EA moved the property, but given the large amount of furniture (desks, conference
4 tables, etc.), it must be in storage somewhere. My understanding is that EA is operating out of a
5 small office in Los Angeles, CA that would not be able to fit all of the abandoned furniture.
6 68. I am nominating Brian Weiss to serve as the Receiver. I have no objection to his
7 appointment as Receiver.
8 I declare under penalty of perjury under the laws of the United States of America that the
9 foregoing this true and correct. Executed this 12th day of February 2019.
10
/s/ Jason M. Frank
11 JASON M. FRANK
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Exhibit 1
#:1338
INDEPENDENT CONTRACTOR AGREEMENT
This INDEPENDENT CONTRACTOR AGREEMENT (this "Agreement") is made and entered into as
of November 1, 2013, between Eagan Avenatti LLP (the "Company"), on the one hand, and Jason Frank,
individually, and Jason Frank Law, a Professional Law Corporation (collectively the "Independent Contractor")
on the other hand.
WHEREAS, the Company desires to retain the services of the Independent Contractor as senior counsel;
WHEREAS, the Independent Contractor has expertise in the field of litigation;
WHEREAS, the parties acknowledge that the Independent Contractor's abilities and services are unique
and essential to the prospects of the Company; and
WHEREAS, the Company and the Independent Contractor desire to enter into this Agreement to set
forth the terms .and conditions of the relationship between the Company and the Independent Contractor.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties,
intending to be legally bound, agree as foilows :
l. Effective Date; Term. The effective date ("Effective Date") of this Agreement shall be the date hereof.
The Independent Contractor's term of service (the " Service Term") lmder this Agreement shaII commence on
the Effective Date and shall continue until December 31 , 2016 (the "Term Date"), subject to the provisions in
Section 4 of this Agreement regarding earlier termination. If at the Term Date, the Independent Contractor's
service has not been terminated previously, this Agreement shall automatically renew for consecutive one-year
terms, upon the same terms and conditions, unless the Independent Contractor or Company, and no later than 30
days prior to the expiration of the Service Term (including any renewal thereof), provides written notice to the
other party that the Service Term shall not renew.
2. Duties. The Independent Contractor shall perform all duties incident to the position of senior counsel of
the Company. The Independent Contractor agrees to abide by all the Company policies, practices, procedures or
rnles that are provided to the Independent Contractor, including but not limited to the requirement that the
Independent Contractor refrain from competing with the Company and/or practicing law on behalf of non-
Company clients during the Service Term.
3. Compensation; Benefits: Expense Reimbursement.
A. Base Salruy. The Independent Contractor shall receive an annual base salary of $350,000 (the
"Base Salary"). The Base Salary shall be payable bi-monthly in accordance with the Company's standard
payroll practices, and checks shall be made out to "Jason Frank Law, a Professional Law Corporation."
B. Bonuses.
(i) Origination Fees. The Independent Contractor shall be entitled to origination fees equal to
20% of the total net attorneys' fees (the "JF Origination Fees") received by the Company during the
Service Term from clients or matters that the Independent Contractor previously originated or
subsequently originates on behalf of the Company during the Service Term. The JF Origination Fees
shall be payable bi-annually, and checks shall be made out to "Jason Frank Law, a Professional Law
Corporation." During the Service Term, the Company agrees to pay the Independent Contractor the JF
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Origination Fees within 30 days from the end of each of the Company's second and fourth fiscal
quarters.
(ii) Profit Share Bonus. The Independent Contractor shall be entitled to a profit share bonus
equal to 25% of the annual Profits of the Company (as defined below) (the "Profit Share Bonus") during
the Service Term. The Profit Share Bonus shall be payable annually, and checks shall be made out to
"Jason Prattle Law, a Professional Law Corporation." During the Service Term, the Company agrees to
pay the Profit Share Bonus on or before February 15 of each calendar year.
(a) "Profits of the Company" shall mean: The amount of revenue received by the
Company during the calendar year MINUS (i) all monies received by the Company during that calendar
year as reimbursement for case related costs incurred by the Company prior to January 1, 2011, and (ii)
all expenses paid by the Company during that calendar year, including but not limited to, all overhead,
taxes, rent, salaries, bonuses, fringe benefits, origination fees, insurance, refetTal fees, fees paid to
outside co.counsel, leases, expert fees, purchases of equipment and/or machinery, capital expenditures,
professional fees, case related costs, travel expenses, judgments, and settlements, provided, however,
that the following shall not be deducted when calculating "Profits of the Company":
(1) Any salary or draw paid to Michael Eagan or Michael Avenatti exclusive of
origination fees;
(2) Any monies paid to satisfy a judgment or settlement in favor of Robert Stoll
in connection with Mr. Stoll's litigation pending against the firm as of the date of this Agreement; and
(3) The Profit Share Bonus paid pursuant to this Agreement.
(b) Michael Avenatti and Michael Eagan, as the equity partners of the Company
(the "Equity Partners"), shall have the sole and absolute discretion to determine what expenses will be
paid by the Company in a calendar year, provided however that the Company agrees not to act in bad
faith and purposely incur expenses for the sole purpose of reducing the Profit Share Bonus.
(iii) Eden Bonus. The Independent Contractor shall be entitled to a percentage of the net
attorneys' fees collected by the Company in connection with the lawsuits concerning Eden Memorial
Park Cemetery in an amount to be determined in the sole and absolute discretion of the Equity Partners.
C. Benefit Plans. During the Service Term and except as otherwise provided herein, the
Independent Contractor shall be entitled to participate in any and all benefit plans established by the Company
from time to time for the benefit of employees of the Company. Nothing herein contained shall be construed as
requiring the Company to establish or continue any particular benefit plan in discharge of its obligations under
this Agreement.
D. Tax Treatment. The Company will make payments under this Agreement to Jason Frank Law, a
Professional Law Corporation, and will issue the appropriate tax forms in compliance with all federal, state,
local and other applicable tax law, rule or regulations.
E. No Equity. Anything provided herein or elsewhere to the contrary notwithstanding, in no event

shall the Independent Contractor have any equity or equity interest of any kind whatsoever in the Company, and
nothing herein is intended to, not· shall it, constitute a grant of equity or a partnership.
F. Expense Reimbursement. The Independent Contractor shall be entitled to receive reimbursement

as soon as practicable from the Company for reasonable and customary business expenses incurred by the
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Independent Contractor in performance of its duties and obligations hereunder, provided the Independent
Contractor furnishes the Company with vouchers, receipts or other details of such expenses sufficient to
substantiate a deduction for such business expenses under applicable laws, rules and regulations.
4. Termination of the Independent Contractor Agreement.
A. Termination of Service. Notwithstanding the establishment of the Service Term, (i) the
Company may only terminate the Independent Contractor's service and this Agreement for Cause (as defined
below), and (ii) the Independent Contractor may resign for Good Reason (as defined below) at any time, in each
case subject to the terms and conditions of this Agreement.
B. Termination For Cause; Resignation Not For Good Reason. Notwithstanding anything to the
contrary herein, the Company reserves the right to te1minate the Independent Contractor' s service and this
Agrnement for Cause.
(i) "Cause" shall mean: (a) the Independent Contrator's repeated and willful failure or
refusal (i) to substantially perform the Independent Contractor's principal duties with the Company and/or (ii) to
abide by the Company policies, practices, procedures or rules that are provided to the Independent Contractor,
including but not limited to the requirement that the Independent Contractor refrain from competing with the
Company and/or practicing law on behalf of non-Company clients during the Service Term, provided that (1) the
Company shall give the Independent Contractor written notice specifically identifying and describing such
failure or refusal and (2) such failw:e or refusal remains uncured for a period of 60 days after delivery of such
notice to the Independent Contractor; (b) the engaging by the Independent Contractor in any fraud or gross
negligence that would reasonably be expected to have a material detrimental effect on the Company; or (c) the
Independent Contractor being convicted of or pleading nolo contendre to a felony.
(ii) " Good Reason" shall mean a resignation by the Independent Contractor after the
occurrence of any one or more of the following conditions, in each case without the Independent Contractor's
consent: (a) any reduction to the Independent Contractor's compensation or a failure by the Company to pay any
compensation payable to the Independent Contractor onder this Agreement in accordance with Section 3 above;
(b) any diminution in the Independent Contractor' s title, position, rep01ting relationship, duties, or
responsibilities; (c) assignment of duties inconsistent with the Independent Contractor's title, position or
authority; or (d) any breach by the Company of this Agreement; provided, that no such event, change or
condition shall constitute grounds for a Good Reason (and the Independent Contractor shall have no right to
resign for Good Reason by reason thereof) unless both (1) the Independent Contractor provides written notice to
the Company of the condition claimed to constitute grounds for a Good Reason, and (2) the Company fails to
remedy such condition(s) within 60 days of receiving such notice.
(iii) If the Company terminates the Independent Contractor's service and this Agreement for
Cause 01' the Independent Contractor resigns without Good Reason, the Company shall have no further
obligation to the Independent Contractor other than (a) to pay the Independent Contractor's accrued Base Salary,
accrued JF Origination Fees, and a pro~rata Profit Share Bonus through the effective date of termination
(collectively, the "Accrued Compensation"), (b) with respect to any rights the Independent Contractor may have
pursuant to any insurance or other benefit plans of the Company (collectively, the "Accrued Benefits"), and (c)
any un-reimbursed expenses incurred in connection with Section 3(G) above. The Company agrees to pay the
Independent Contractor the Accrued Compensation as follows: the accrued Base Salruy in accordance with
Section 3(A) above, the accrued JF Origination Fees in accordance with Section 3(B)(i) above (to the extent any
JF Origination Fees have not been collected at the time of resignation or termination, such JF Origination Fees
shall still be due and payable in accordance with Section 3(B)(i) above), and the pro-rata Profit Share Bonus in
accordance with Section 3(B)(ii) above (it being understood that the pro-rata Profit Share Bonus will be
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calculated based on the prop01tion of the applicable year that the Independent Contractor provided services to
the Company).
C. Death and Disability. Notwithstanding anything to the contrary herein, the Company reserves
the right to terminate the Independent Contractor's service and this Agreement on account of the fudependent
Contractor's death or Disability and the terms of this Section 4(C) shall apply to such termination. "Disability"
shall mean a determination by the Company or the Independent Contractor in accordance with applicable law
that, due to a physical or mental injury, infirmity or incapacity, the Independent Contractor is unable to perform
the essential functions of its services, with or without reasonable accommodation, for 120 days ( whether or not
consecutive) during any 12-month period. In the event that the Company and the Independent Contractor cannot
agree, they shall designate a third party knowledgeable in disability law to make such determination, which shall
be binding on the Company and the Independent Contractor. If the Company or the Independent Contractor
tenninates the fudependent Contractor' s service and this Agreement because of the Independent Contractor's
death or Disability, the Company shall have no further obligations to the Independent Contractor or the
Independent Contractor's heirs other than to pay the Independent Contractor the Accrned Compensation, the
Accrued Benefits and any un-reimbmsed expenses incurred pursuant to Section 3(G) above, and the Independent
Contractor shall have no further obligation to the Company.
5. Information Rights. During the Service Term and thereafter to the extent necessary to enforce the
Independent Contractor's rights hereunder, the Independent Contractor shall have the right, upon notice and at
reasonable times during normal business hours, to inspect the Company's federal tax returns (including any
accompanying Schedule K-1's) filed for the years during the Service Term for the purposes of reviewing or
verifying the calculation of the JF Origination Fees o.r Profits of the Company. The Company shall deliver to the
Independent Contractor, (A) within 30 days from the end of the Company's second and fourth fiscal quarters, a
detailed calc'ulation of the JF Origination Fees, and (B) within 30 days from the filing of the Company's
applicable federal income tax retum, a copy of such return (including any accompanying Schedule K-1's). In
addition, the Company shall annually deliver to the Independent Contractor, together with the Profit Share
Bonus, a detailed calculation of the Profit Share Bonus showing the attorneys ' fees received by the Company
during the calendar year, together with the Company' s expenses.
6. Representations and Warranties; Covenants. The parties hereby represent and warrant as follows: (i)
each party has the legal capacity and unrestricted right to execute and deliver this Agreement and to pe1form all
of its obligations hereunder; (ii) the execution and delivery of this Agreement by each party and the pe1formance
of its obligations hereunder will not violate or breach or be in conflict with any fiduciary or other duty,
instrument, agreement, document, arrangement, contract or other understanding to which the Company or the
Independent Contractor, as applicable, is a party or by which the Company or the Independent Contractor, as
applicable, is or may be bound or subject. Dming the Service Term, the patties covenant not to not enter into any
agreement, whether written or oral, in conflict with the provisions of this Agreement.
7. Indemnification of the Independent Contractor. The Company agrees to indemnify and hold the
Independent Contractor harmless from and against any and all damages, claims, costs and expenses, including
reasonable attorneys ' fees, arising out of any claims against the Company whereby the Independent Contractor is
involved or implicated, either directly or indirectly, in light of this Agreement, the Independent Contractor's
service with the Company, or the Independent Contractor's position with the Company.
8, Governing Law: Arbitration.
A. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance
with the laws of the State of California, without regard to the conflicts of law rules thereof.
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B. Arbitration. Any and all disputes of any nature related to this Agreement shall be determined by
final and binding arbitration in Los Angeles County, California before a three-arbitrator panel. The parties shall
agree on the rules and procedures to be followed in the arbitration at such time as one party notices the other that
it is initiating arbitration . If the parties are unable to agree on the rules and procedures to be followed within 15
days, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and
Procedures, and the arbitrator shall apply the laws applicable in the State of California. Judgment on the arbitral
award may be entered in any court having jurisdiction thereof. This clause shall preclude the parties from
seeking an injunction or other provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of
the arbitrator and the reasonable attomeys ' fees (and accountant's fees) of the prevailing party, for payment by
the non-prevailing party, and shall determine the prevailing patty for this purpose.
9. Miscellaneous.
A. Headings. etc. Section and subsection headings are not to be considered part of this Agreement,
are included solely for convenience, are not intended to be full or accurate descriptions of the content thereof and
shall not affect the construction hereof.
B. Successors and Assigns. Neither this Agreement, nor any of the Independent Contractor's or the
Company' s rights, powers, duties or obligations hereunder, may be assigned by the Independent Contractor or
the Company. This Agreement shall be binding upon and inure to the benefit of the Independent Contractor and
its heirs and legal representatives and the Company and its successors. Successors of the Company shall include,
without limitation, any company or companies acquiring, directly or indirectly, all or substantially all of the
assets of the Company, whether by merger, consolidation, purchase, lease or otherwise, and such successor shall
thereafter be deemed the "Company" for the purpose hereof.
C. Notices. Any notices or other communications required or permitted hereunder shall be deemed
to have been properly given and delivered if in writing by such party or its legal representative and delivered
personally or sent by electronic mail, facsimile, nationally recognized overnight courier service guaranteeing
overnight delivery, or registered or certified mail, postage prepaid, addressed as follows:
lfto the Independent Contractor to: Jason Frank

368 Pershing Drive
Playa Del Rey, CA 90293
Email: dawntamir@gmail.com; jason3665 l@yahoo.com
with a copy (which shall not

constitute notice) to : Douglas Bouton
2120 The Strand, Apt. 7
Manhattan Beach, CA 90266
Email: dbouton@boutonlegal .com
Tfto the Company, to : Michael Avenatti

Eagan Avenatti LLP
450 Newport Center Drive, 2nd Floor
Newport Beach, CA 92660
Unless otherwise specified herein, such notices or other communications shall be deemed given (a) on the date
delivered, if delivered personally, (b) one business day after being sent by a nationally recognized overnight
courier providing for overnight delivery, (c) on the date delivered, if delivered by facsimile with confirmation
during business hours (or one business day after the date of delivery if delivered after business hours) and (d)
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five business days after being sent, if sent by registered or ce1tified mail. Each of the parties hereto shall be
entitled to specify a different address by delivering notice as aforesaid to each of the other parties hereto.
D. Amendment or Modification. The parties hereto may amend or modify this Agreement only by
a written instrument executed by each of the parties hereto.
E. Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a
waiver of any other provision thereof (whether or not similar), shall constitute a continuing waiver unless
otherwise expressly provided nor shall be effective unless in writing and executed (a) in the case of a waiver by
the Company, by the Company, and (b) in the case of a waiver by the Independent Contractor, by the
Independent Contractor.
F. Severability. In the event that any provision hereof would, under applicable law, be invalid or
w1enforceable in any respect, such provision shall (to the extent permitted under applicable law) be construed by
modifying or limiting it so as to be valid and enforceable to the maximum extent compatible with, and possible
under, applicable law, The provisions hereof are severable, and in the event any provision hereof should be held
invalid or unenforceable in any respect, it shall not invalidate, render unenforceable or otherwise affect any other
provision hereof.
G. Survival. Sections 4, 5, and 7-9 shall survive termination of this Agreement.
H. Entire Agreement. Other than that certain Settlement and Release Agreement among the
Company, the Independent Contractor, Michael Avenatti and Michael Eagan, dated as of the Effective Date (the
"Settlement Agreement"), this Agreement constitutes the entire agreement among the parties hereto pertaining to
the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings,
negotiations and discussions, whether oral or written, of the parties with respect to such subject matter. In the
event of a conflict between this Agreement and the Settlement Agreement, this Agreement shall control. The
Independent Contractor agrees that he is entering into the Settlement Agreement as a condition of this
Agreement, whereby the Independent Contractor is settling and releasing any claims he has against the Company,
Michael Avenatti and/or Michael Eagan individually, arising out of representations made by John O'Malley
concerning the Independent Contractor' s status with the Company, as an equity partner or otherwise. In
exchange for this release, the Independent Contractor is receiving the following consideration under this
Agreement: (a) $90,000 of the total $350,000 Base Salary provided for in this Agreement; (b) 5% of the total
20% JF Origination Fees provided for in this Agreement; and (c) 12.5% of the total 25% Profit Share Bonus
provided for in this Agreement. For the avoidance of all doubt, the Settlement Agreement does not in any way
waive, release or resolve, in whole or in part, any claims the Independent Contractor may have against John
O'Malley individually. Notwithstanding the foregoing, any amounts currently owed to the Independent
Contractor by the Company for Origination Fees provided to the Company will remain owed to the Independent
Contractor until such sums are paid. ·
I. Counterparts. This Agreement and any claims related to the subject matter hereof may be
executed in any number of counterparts, each of which shall be deemed an original, but all of which together
shall constitute but one and the same instrument. Facsimile transmission or electronic transmission in pdf or
comparable format of any signed original document and/or retransmission of any signed facsimile or pdf or
comparable format transmission will be deemed the same as delivery of an original.
J, Relationship of the Parties. The Independent Contractor is engaged by the Company solely as
an independent contractor and not as an employee, partner, or joint venturer, and has no authority to bind the
Company, by contract or otherwise. The Independent Contractor will not have, and will not represent that it has,
any authority to assume or create any obligation, express or implied, to enter into any agreements regarding the
Company, or to make any warranties or representations on behalf of the Company or in the Company' s name.
JFL000006
. ,/

#:1344
The Independent Contractor shall be solely responsible for all matters related to payment of its employees and
contractors, including the provision of benefits and all other related employment matters. The Independent
Contractor is responsible for the payment of all state, federal, foreign, or local taxes, including income tax,
withholding tax, social security tax, or pension contributions on the funds distributed to the Independent
Contractor by the Company.
(Signature Page to Follow)
JFL000007
#:1345
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written
above.
By: {
Name: Mic ael A venatti
Title: Managing Partner ·
Jason Frank Law, a Professional Law Corporation
By:---=--1---0--~f-------'=----=:----'---
Name:
Title:
By: _ _,,-..:...:'--,~,-=..--_.:::"""=-_ _ __
Name:
[Signature Page to Independcnl Contractor Agreemen t -Jason Frank]
JFL000008
#:1346
Exhibit 2
#:1347
#:1348
#:1349
#:1350
#:1351
#:1352
#:1353
Exhibit 3
#:1354
#:1355
#:1356
Exhibit 4
#:1357
#:1358
#:1359
#:1360
#:1361
#:1362
#:1363
Exhibit 5
#:1364
#:1365
#:1366
#:1367
#:1368
#:1369
Exhibit 6
#:1370
1 UNITED STATES BANKRUPTCY COURT
3 SANTA ANA DIVISION
5 In re: )
)
6 EAGAN AVENATTI, LLP )
) Case No. 8:17-bk-11961-CB
7 )
Debtor. )
8 )
)
9 ____________________________)
10
11
12
13
14 341(a) CONTINUED MEETING of CREDITORS
15 July 14, 2017
16
17
18
19
20
21
22
23
24 Reported by: Joanna B. Brown, CSR No. 8570

426862
25
#:1371
1 funded cash-flow issues with this law firm?
2 A I believe me personally and Avenatti &
3 Associates.
4 Q And to the best of your recollection, those
5 are the only two entities that have funded the firm,
6 let's say, over the last 90 days?
7 A To the best of my recollection as I sit here
8 today without the benefit of documents, yes.
9 Q Okay. Now, let me ask you, you are obviously
10 the controlling person -- the controlling person of
11 these entities, you individually, you testified;
12 correct?
13 So, obviously, that's you individually;
14 correct?
15 A I don't know what entities you are talking
16 about.
17 Q You said -- Avenatti & Associates, you are the
18 controlling person of that entity; correct, sir?
19 A Yes, sir.
20 Q Is that a corporation? An LLC?
21 What is that?
22 A It's a corporation.
23 Q What percentage of shares do you own in that
24 entity, sir?
25 A A hundred percent.
51
341(a) MEETING OF CREDITORS

#:1372
1 BY MR. FRANK:
2 Q Mr. Avenatti, you -- I want to ask some
3 questions about the Bahamas v. Kimberly-Clark class
4 action. You have a verdict that you obtained of
5 $454 million; is that correct?
6 A Despite your efforts, yes.
7 Q And --
8 A Would you like to ask me --
9 Q -- that is a post-trial briefing?
10 A Would you like to ask me some questions about
11 your interference in that matter?
12 MR. HAUSER: Let's --
13 BY MR. FRANK:
14 Q That is a post-trial briefing?
15 A Would you?
16 MR. KHARASCH: No, no. This --
17 BY MR. FRANK:
18 Q Is that a post-trial briefing?
19 A Yes.
20 Q There -- in a class action, if there is a
21 settlement or judgment, as part of the process, the
22 plaintiff will be able to submit an application for
23 attorneys' fees; is that correct?
24 A Yes.
25 Q And the benchmark award for attorneys' fees in
59

#:1373
1 the 9th Circuit is 25 percent of the amount; true?
2 A Yes.
3 Q So if Eagan Avenatti and the plaintiff were to
4 obtain a $454 million verdict or judgment, then the
5 fees could be over $100 million; true?
6 A The total attorneys' fees awarded, yes.
7 Q When the plaintiff files the application for
8 attorneys' fees, are you going to request that any
9 portion of the fees be awarded to you personally as
10 opposed to the debtor law firm?
11 A Yes.
12 Q How much?
13 A Well, let me be clear. We haven't made that
14 determination yet but probably; but no determination
15 has been made because we are not there yet.
16 Q How much?
17 A We don't know yet.
18 Q You say "we." Who is going to be involved in
19 that decision?
20 A I can't speculate on who is going to be
21 involved.
22 Q You are the managing partner of
23 Eagan Avenatti; correct?
24 A I think that's already been established.
25 Q You also own, I believe, 75 percent of the
60

#:1374
1 equity of the firm?
2 A Correct.
3 Q And you are the lead counsel of -- in the
4 Kimberly-Clark case; correct?
5 MR. KHARASCH: I think he answered the
6 question. The firm hasn't made the decision yet or
7 whoever is supposed to. I'm assuming you would --
8 MR. FRANK: Mr. Kharasch, I believe the
9 question is is he the lead counsel in the
10 Kimberly-Clark case.
11 BY MR. FRANK:
12 Q Is that true?
13 A I personally am the lead counsel, which was
14 clarified by the Court as a result of your conduct in
15 attempting to have the firm removed as counsel,
16 Mr. Frank, which you are well aware of.
17 Q Mr. Avenatti, if you make the decision --
18 A You did contact King & Spalding and attempt to
19 do that, didn't you?
20 Q Mr. Avenatti --
21 A Didn't you?
22 Q Mr. Avenatti, if you make the decision --
23 A Didn't you do that?
24 Q Mr. Avenatti --
25 A You attempted to undercut --
61

#:1375
1 MS. CHENETZ: Mr. Hauser --
2 THE WITNESS: -- the interest.
3 MS. CHENETZ: -- there is only one witness
4 here, only one person answering -- asking questions.
5 BY MR. FRANK:
6 Q Mr. Avenatti, if you make the decision to
7 request that a portion of the fees be awarded to you
8 personally as opposed to the debtor law firm, is there
9 anyone at Eagan Avenatti who could overrule your
10 decision?
11 A I can't speculate as to the situation you are
12 describing, Mr. Frank. Like I said, we haven't decided
13 how that's going to be handled. We are more concerned
14 with other matters right now.
15 Q Mr. Avenatti, is there anyone at the law firm
16 who can overrule your decision if you decide to request
17 that fees be awarded to you personally as opposed to
18 the law firm?
19 A I don't know.
20 Q Who would that be if it isn't you?
21 A I can't speculate.
22 Q Well, does Mr. Eagan have the right to
23 overrule that decision?
24 A I can't speculate.
25 Q Does Mr. Ave- -- does Mr. Eagan have a
62

#:1376
1 contractual right to overrule the decisions that you
2 make in relationship to the firm? Any decisions?
3 A Maybe. I would have to think about it.
4 Q Does Mr. Eagan --
5 MR. KHARASCH: We have to --
6 BY MR. FRANK:
7 Q Would that be in your partnership agreement
8 with Mr. Eagan?
9 A I don't know.
10 Q Now, in addition, is there any other entity
11 that will be entitled to any portion of the
12 Kimberly-Clark fees other than the firm and potentially
13 you?
14 A I believe Mr. Hearon is entitled to a
15 percentage of the fees.
16 Q And Mr. Hearon made an appearance into the
17 case post-petition; is that correct?
18 A Post-petition?
19 Q Correct?
20 A Well, let's --
21 Q "Post-petition" meaning after the filing of
22 this bankruptcy.
23 MR. HAUSER: Just to make it clear for the
24 record, that would have been March -- well, the order
25 for relief in this case is March 10, 2017.
63

#:1377
1 liabilities of the --
2 Q All right. When you negotiated this agreement
3 with The X-Law Group, who was negotiating on behalf of
4 Eagan Avenatti?
5 A I was.
6 Q Anyone else on behalf of Eagan Avenatti?
7 A No.
8 Q Who was negotiating it on behalf of
9 The X-Law Group?
10 A Mr. Marchino.
11 Q And anybody else on behalf of The X-Law Group?
12 A No.
13 Q How long have you known Mr. Marchino?
14 MR. KHARASCH: Just approximately.
15 THE WITNESS: Five years approximately.
16 BY MR. FRANK:
17 Q He's a friend of yours; correct?
18 A Yes.
19 Q And as part of this agreement, you gave him a
20 piece of your cases that you've estimated is worth
21 $17 million -- and by "him," I mean The X-Law Group --
22 correct?
23 A I don't know that the estimate was included at
24 the time. So, I mean, as phrased, I'll say no.
25 Q Where is a copy -- do you have a copy of this
70

#:1378
1 agreement?
2 A There should be a copy at the firm's offices.
3 Q One of these files, but you don't know where;
4 correct?
5 MR. HAUSER: Sir, just to --
6 MR. FRANK: That's fair.
7 MR. HAUSER: -- kind of calm this thing down,
8 the fact of the matter is if you think -- if he says
9 it's at his office, it doesn't really matter --
10 MR. FRANK: That's fine.
11 MR. HAUSER: -- which file cabinet it's in.
12 MR. FRANK: That's fair.
13 MR. HAUSER: Okay.
14 BY MR. FRANK:
15 Q This agreement provided that The X-Law Group
16 would get a piece of certain cases at Eagan Avenatti.
17 Was it a percentage?
18 A As I recall, yes, but I haven't looked at the
19 agreement in the better part of a year.
20 Q And in addition, as part of this agreement,
21 did you agree that you would start paying the attorneys
22 at The X-Law Group -- you would pay a portion or all of
23 their salaries?
24 A Yes.
25 Q And did you also agree to pay the rent for
71

#:1379
1 their office in Los Angeles?
2 A There was an oral agreement that we would do
3 so for a period of time. Yes.
4 Q So the agreement to pay The X-Law Group's rent
5 was an oral agreement separate and apart from this
6 written agreement to share fees?
7 A I don't recall if it was included in the
8 written agreement or if it was a separate oral
9 agreement, Mr. Frank.
10 Q And if you look at Schedule -- if you look at
11 the operating account, you have a list of employees,
12 your operating statement which I believe is
13 Docket 126 -- Docket No. 126. If you'd turn to page --
14 I believe it's 5 of 6 -- or 5 of 16. Excuse me. And
15 I'm looking at the bottom. It also says on the main
16 document "page 8 of 36" at the top.
17 A Okay.
18 Q Do you have it before you?
19 A Yes.
20 Q Can you please let us know which people on
21 this list are people from The X-Law Group.
22 A I don't understand the question.
23 Q There is a list of people that Eagan Avenatti
24 is paying salaries to; correct?
25 A Yes.
72

#:1380
1 Q Which of these people are people who work at
2 The X-Law Group?
3 A Well, I don't know if they technically still
4 work at The X-Law Group or not, but a number of these
5 people at some point in time worked at The X-Law Group.
6 Q Okay. Who --
7 A Is that your question?
8 Q Who are those people?
9 A Thomas Cassaro, Michael Diaz, Alfredo Garcia,
10 Mr. Marchino, Mr. Rogers -- I think that's it.
11 Q Did you purchase The X-Law Group, meaning
12 Eagan Avenatti? Let me strike that.
13 Did Eagan Avenatti purchase The X-Law Group as
14 part of this agreement?
15 A No.
16 Q So The X-Law Group still continues to operate
17 as a separate law firm?
18 A Yes.
19 Q By the way, on the top, there is a employee or
20 someone who gets payroll. It says, "A driver to go."
21 What is that?
22 A That is a car service that the firm uses from
23 time to time.
24 Q You have a personal chauffeur named -- I
25 believe it's James Cameron; is that correct?
73

#:1381
1 DEPOSITION OFFICER'S CERTIFICATE
2 STATE OF CALIFORNIA )
) ss.
3 COUNTY OF ORANGE )
6 I, Joanna B. Brown, hereby certify:
7 I am a duly qualified Certified Shorthand
8 Reporter in the State of California, holder of
9 Certificate Number CSR 8570 issued by the Certified Court
10 Reporters' Board of California and which is in full
11 force and effect. (Fed. R. Civ. P. 28(a)(1)).
12 I am authorized to administer oaths or
13 affirmations pursuant to California Code of Civil
14 Procedure, Section 2093(b) and prior to being examined,
15 the witness was first duly sworn by me. (Fed. R. Civ.
16 P. 28(a)(a)).
17 I am not a relative or employee or attorney or
18 counsel of any of the parties, nor am I a relative or
19 employee of such attorney or counsel, nor am I
20 financially interested in this action. (Fed. R. Civ. P.
21 28).
22 I am the deposition officer that
23 stenographically recorded the testimony in the foregoing
24 deposition and the foregoing transcript is a true record
25 / / /
161

#:1382
1 of the testimony given by the witness. (Fed. R. Civ. P.
2 30(f)(1)).
3 Before completion of the deposition, review of
4 the transcript [ ] was [ XX ] was not requested. If
5 requested, any changes made by the deponent (and
6 provided to the reporter) during the period allowed, are
7 appended hereto. (Fed. R. Civ. P. 30(e)).
9 Dated: July 26, 2017
10
11 ______________________________
12
13
14
15
16
17
18
19
20
21
22
23
24
25
162

#:1383
Exhibit 7
#:1384
SETTLEMENT AGREEMENT AND RELEASES
This Settlement Agreement and Releases (" Agreement") is entered into this 12th day of
December 2017 by and between Jason .Frank Law, PLC, a professional law corporation
organized in California ("JFL"), Jason Frank ("FRANK"), wi individual, Scott Sims ("SIMS"),
an individual, Andrew Stolper ("STOLPER"), an individual, and Frank Sims & Stolper LLP, a
limited liability partnership organized in California ("FSS") (collectively, the "JFL Parties"), on
the one hand, and Eagan Avenatti LLP ("EA"), a limited liability partnership organized in
California, Avenatti & Associates, APC ("A&A"), a professional corporation organized in
California, Michael Avenatti ("AVENATTI"), an individual, and Michael Eagan, an individual
("EAGAN") (collectively, the "EA Parties"), on the other hand. The JFL Parties and EA Parties
are collectively referred to as the "Parties."
WHEREAS, JFL and FRANK entered into an Independent Contractor Agreement with
EA effective November I, 2013 (the "JFL Agreement") and prior to that time FRANK had been
an employee of EA;
WHEREAS, SIMS entered into an Employment Agreement with EA dated March I,

2014 (the "SIMS Employment Agreement");
WHEREAS, on or about February 28, 2016, JFL filed a Demand for Arbitration with
JAMS against EA asserting claims for damages and other remedies for breach of contract, which
demand was later amended to include claims for fraud, unjust enrichment, declaratory relief wid
punitive damages (the "JFL Arbitration");
WHEREAS, on or about May 20, 2016, JFL, FRANK, SIMS wid STOLPER ceased
practicing law at EA and formed a new law finn, FSS;
WHEREAS, the clients in the matters listed on Exhibit "A" (attached hereto)
(collectively, the "Matters") terminated EA as their counsel in the Matters and retained FSS as
their counsel in certain of the Matters;
WHEREAS, EA asserted attorneys' liens in the Matters and/or claimed it had the right to
recover its reasonable attorneys' fees and costs for the work performed at EA on the Matters;
WHEREAS, on or about July 22, 2016, EA filed a Demand for Arbitration with JAMS
against EA's former client, Kimberly Birbrower, seeking to recover fees and costs in the
Birbrower v. Ouom Foods. Inc. matter, which is one of the Matters (the "EA/Birbrower
Arbitration");
WHEREAS, on or about August 9, 2016, SIMS filed a Demand for Arbitration with
JAMS against EA seeking certain sums owed under the SIMS Employment Agreement,
including claims for breach of contract, fraud, accounting and constructive trust (the "SIMS
Arbitration");
IJ7774123 .8
#:1385
WHEREAS, on or about September 23, 2016, EA filed counterclaims against SIMS in

the SIMS Arbitration asserting claims for breach of contract, fraud, violation of the CaJifornia
Uniform Trade Secret Act, breach of fiduciary duty, breach of duty of loyalty, conversion,
accounting, and constructive trust;
WHEREAS, on or about September 12, 2016, EA filed counterclaims against JFL in the
JFL Arbitration asserting claims for breach of contract, fraud, breach of fiduciary duty, breach of
duty of loyalty, conversion, accounting, constructive trust and tortious interference;
WHEREAS, on or about December 15, 2016, EA filed a complaint in California Superior

Court, County of Orange, Case No. 30-2016-00892564-CU-BC-CJC against its fo1mer client,
William Scott Callaway, seeking to recover fees and costs in the Callaway v. Mercedes Benz
USA, Inc. et al. matter, which is one of the Matters (the "EA/Callaway Lawsuit");
WHEREAS, on or about December 21, 2016, EA filed a complaint in California Superior

Court, County of Orange, Case No. 30-2016-00893847-CU-MC-CJC against Paul Root and
Madison Street Pwtners, Inc. asserting claims for aiding and abetting. breach of duty of loyalty_
and aiding and abetting fraud (the "EA/Root Lawsuit");
WHEREAS, on or about February 8, 2017, EA's fonner clients, Authentic Entertainment

Properties, LLC and Authentic Entertainment Properties Development, LLC (collectively
"AEP") filed a Demand for Arbitration with JA.Iv1S against EA seeking declaratory relief and
damages relating to EA's former representation of AEP in the AEP v. Royal Center Associates,
LLC et al. matter, which is one of the Matters (the "AEP/EA Arbitration");
WHEREAS, on or about February 28, 2017, EA filed a motion to adjudicate its attorney
lien against AEP in the District Court for Clark County Nevada, in the AEP v. Royal Center
Associates, LLC et al. matter, which such motion was denied and is currently being appealed by
EA;
WHEREAS, on or about March 1, 2017, an Involuntary Bankruptcy Petition against EA,

seeking that EA be a debtor in a Chapter 11 case was filed in the Middle District of Florida, Case
No. 6: l 7-bk-01329-KSJ (the "Bankruptcy Case");
WHEREAS, on or about March 10, 2017, EA consented to entry of Order for Relief in
the Bankruptcy Case;
WHEREAS, on or about May 16, 2017, the Bankruptcy Case was transferred to the
Central District of California, Santa Ana Division, before the Honorable Catherine E. Bauer (the
"Bankruptcy Court"), and assigned a new case number 8: 17-bk-1191-CB;
WHEREAS, on or about June 19, 2017, JFL filed a Proof of Claim in the Bankruptcy
Case in the amount of not less than $18,615,886, which included (a) $12,396,633 in unpaid
compensation under the JFL Agreement; (b) $1,868,221 in prejudgment, prepetition interest; (c)
$500,000 in pre-petition attorneys' fees and costs; and (d) fraud damages and punitive damages
in an unliquidated amount but likely in excess of $4,000,000;
137774123.8 2
#:1386
WHEREAS, on or about June 19, 2017, FRANK, SIMS, STOLPER and FSS also filed
Proofs of Claim in the Bankruptcy Case;
WHEREAS, on or about July 12, 2017, JFL filed a motion for relief from stay to proceed
with the JFL Arbitration [Bankruptcy Case Docket Nos. 155, et al.] ("JFL RFS Motion"), the
Debtor and certain other parties filed oppositions to the JFL RFS Motion, JFL filed a reply to
those oppositions, a hearing on the JFL RFS Motion commenced on August 9, 2017 and was
continued by direction of the Bankruptcy Court until September 20, 2017 and repeated times
thereafter through and including December 13, 2017;
WHEREAS, A VENA TTI is the managing member and majority equity holder of EA and
solely owns and controls A&A;
WHEREAS, JFL, FRANK and SIMS have asserted that A VENATTI is personally liable
to them for all or substantially all claims they have against EA and that A&A may be liable to
them, all of which A venatti and A&A dispute;
WHEREAS, it is in the personal, professional and business interests of AVENATTI and

the professional and business interests of EA and A&A that the disputes among the JFL Parties
and EA Parties be resolved promptly and each has concluded that he/it will received meaningful
value if this Agreement is executed, approved and fully satisfied; and
WHEREAS, the Parties desire to resolve any and all disputes between them on the terms
set forth herein (the "Settlement");
NOW THEREFORE, for and in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the sufficiency of which is hereby acknowledged,
the Parties agree as follows:
1. Dismissal of Bankruptcy Case.
l. 1. Subject to Paragraph 1.5 below, the effectiveness of the terms and obligations of
this Agreement are contingent upon (a) EA filing a motion ("Settlement and Dismissal
Motion") with the Bankruptcy Court seeking entry of one or more orders (the "Orders")
approving the· Settlement and authorizing and directing the Debtor to fully comply with
all terms of this Agreement pursuant to Fed. R. Bankr. Pro. 9019 ("Settlement Order"),
and dismissing the Bankruptcy Case, pursuant to Bankruptcy Code Section l 112(b)
("Dismissal Order"), on terms acceptable to JFL and EA, on or before January 3,
2018,with a hearing on the Settlement and Dismissal Motion to be held on January 24,
2018; (b) entry of the Orders on or before January 31, 2018; (c) the Bankruptcy Case
being dismissed within sixteen (16) calendar days after entry of the Dismissal Order; (d)
execution of the Guaranty Agreement (as defined below), on or before December 12,
2017; and (e) if a stay of the Settlement Order or Dismissal Order has been entered
pursuant to Rule 8007 of the Federal Rules of Bankruptcy Procedure ("Rule 800r), a
137774123.8 3
#:1387
Termination Notice, as defined in Paragraph 1.5 below, having not been provided by JFL
or EA. The proposed Order(s) are attached as Exhibit B.
1.2. The JFL Parties will not oppose any of the relief sought in the proposed Orders,
nor will they encourage others to do so, all subject to the timely satisfaction of the
deadlines set forth herein (collectively "Deadlines").
1.3. In the event the Orders are not entered by the Deadlines for their entry, or the
Guaranty Agreement is not executed by the pertinent Deadline for its execution, the
Parties shall be returned to the status quo ante prior to their execution of this Agreement,
and the Agreement shall be deemed null and void, and neither this Agreement, its
execution nor any statements contained therein may be used in any subsequent
proceedings in any court or arbitration.
1.4. The hearing on the JFL RFS Motion shall be continued until January 24, 2018.
1.5. If a stay of the Settlement Order or Dismissal Order is entered pursuant to Rule
8007 (a "Stay Order") or if the tenns of this Agreement are materially modified by the
Court, then JFL or EA may elect to withdraw from and terminate this Agreement, in
which case this Agreement and all Orders entered thereon will be rescinded and all
Parties will be restored to the status quo ante prior to the execution of this Agreement,
and the Agreement shall be deemed null and void, and neither this Agreement, its
execution nor any statements contained therein may be used in any subsequent
proceedings in any court or arbitration. If JFL or EA elects to exercise this right to
terminate this Agreement, it shall provide notice of this election to the other parties to this
Agreement, in writing, within five (5) business days after the Stay Order is entered (the
"Termination Notice"). Upon such election, the Parties will cooperate in taking any
action necessary to request that the appropriate court vacate the Settlement Order, the
Dismissal Order and Stay Order, and will not object to or oppose such actions.
1.6. If a Stay Order is issued and neither JFL or EA elect to terminate the Agreement
in accordance with Paragraph 1.5, then the time for perfonning all obligations under this
Agreement will commence upon the later of: (a) sixteen (16) calendar days after the Stay
Order is no longer in effect provided that the Settlement Order and Dismissal Order have
been affirmed; or (b) the time when the obligation would have otherwise been required to
be performed under the terms of this Agreement
2. Resolution of EA's Asserted Liens and Right to Attorneys' Fees and Costs in the
Matters.
2.1. Within sixteen ( 16) calendar days of entry of the Dismissal Order, and provided
no stay of the Settlement Order or Dismissal Order having been issued pursuant to Rule
8007, EA will withdraw all purported liens asserted in the Mat1ers and will forever waive
and forego, with prejudice and finality, any present or future claims for attorneys' fees,
costs, expenses, damages, or any other compensation or remedies arising out of or
relating to the Matters.
137774123.8 -t
#:1388
2.2. Upon the sixteenth (16th) day following the entry of the Settlement Order, and
provided no stay of the Settlement Order or Dismissal Order having been issued pursuant
to Rule 8007, the EA Parties will be deemed to have released and forever waived and
foregone, with prejudice and finality, any present or future claims for damages, legal fees
and costs, or other remedies against (a) the JFL Parties, (b) the current, prior or future
parties in the Matters; ( c) the current, prior or future co-counsel of EA or FSS in the
Matters, or (d) any other party or their counsel for claims arising out of or relating to the
Matters, as more fully set forth in Section 5 of this Agreement.
2.3. In exchange for the consideration provided W1der the terms of this Agreement,
JFL has agreed to reduce its claim in the Bankruptcy Case, as set forth in paragraph 3 .1,
below, and SIMS, FRANK, STOLPER and FSS have agreed to waive, forego and
withdraw each of their claims in the Bankruptcy Case, subject to and except for the tenns
of the Releases provided in Paragraph 5 below and compliance with the tenns and
conditions of this Agreement.
2.4. In addition, the JFL Parties have agreed that EA will receive 50% of any and all
legal fees which would otherwise be paid to FSS or FRANK in the future in connection
with FSS's contingency agreement with AEP in the AEP v. Royal Center Associates,
LLC et al. matter. This arrangement will be docwnented in a separate written agreement
between EA, AEP and FSS (the "AEP Fee Sharing Agreement"), the execution of which
shall be required for this Agreement to take effect. A copy of the AEP Fee Sharing
Agreement is attached as Exhibit C.
3. Settlement Payments to JFL.
3.1. Upon entry of the Settlement Order, JFL will have an allowed claim against EA
in the amount of TEN MILLION DOLLARS ($10,000,000.00), which claim ("JFL
Allowed Claim") of JFL and liability of EA will survive dismissal of the Bankruptcy
Case, and will not be subject to any further defenses, offsets, counterclaims, oppositions,
answers, objections, contests, disputes or other challenges by any EA Party or any other
party, provided, however, if (a) the Dismissal Order is not entered, (b) a Stay Order is
entered and a Tennination Notice is timely sent, or (c) the Settlement Order is
overturned, vacated or remanded on appeal, then the JFL Allowed Claim will be null and
void and the proof of claim it filed in the Bankruptcy Case and all the claims, rights, and
damages asserted therein and in the JFL Arbitration will remain pending. Nothing in this
Paragraph 3.1 is intended to limit the rights of any Parties to enforce the tenns of this
Agreement. 1
1 For the avoidance of any doubt, the Parties arrived at the JFL Allowed Claim amount of TEN MILLION
DOLLARS (SI 0,000,000 .00) after deducting the credit for fees on the Matters as described in Paragraph 2.3 above
and additionally JFL, thereafter, further agreed to reduce its claim to TEN MILLION DOLLARS ($10,000,000.00)
as part of this Settlement. In other words, the Allowed Claim ofTEN MILLION DOLLARS ($10,000,000.00) will
not be further reduced by any credit for fees, costs, expenses, damages or any other compensation ullegedly owed on
the Matters.
137774123.8 5
#:1389
3.2. EA will pay JFL the sum of FOUR MILLION EIGHT HUNDRED AND FIFTY
THOUSAND DOLLARS ($4,850,000.00) pursuant to the following schedule:
3.2.1. Within sixty (60) calendar days after the entry of the Dismissal Order, and
provided no stay of the Settlement Order or Dismissal Order having been
issued pursuant to Rule 8007 and remains in effect, EA will wire JFL the
sum of TWO MILLION DOLLARS ($2,000,000.00), in immediately
available funds, pursuant to written wire instructions to be provided by
JFL.
3.2.2. Within one-hundred and twenty (120) calendar days after the entry of the
Dismissal Order, and provided no stay of the Settlement Order or
Dismissal Order having been issued pursuant to Rule 8007 and remains in
effect, EA will wire JFL the sum of TWO MILLION EIGHT HUNDRED
AND FIFTY THOUSAND DOLLARS ($2,850,000.00), in immediately
available funds, pursuant to written wire instructions to be provided by
JFL.
3.2.3. The payments to be made in accordance with Paragraphs 3.2.1 and 3.2.2
are collectively referred to as the "Settlement Payments."
3.3. In consideration of the terms of this Agreement, including, without limitation, the
Releases set forth herein and the nature and pendency of the disputes between JFL and
the EA Parties, AVENATTI agrees to personally guarantee, in his individual capacity,
the FOUR MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS
($4,850,000.00) of Settlement Payments. The complete tenns of this guaranty shall be
set forth in a separate agreement ("Guaranty Agreement") between JFL and A VENA TTL
A copy of the Guaranty Agreement is attached as Exhibit D.
3.4. As will be set forth in the Guaranty Agreement, it is the intention of JFL and
AVENATTI that AVENATTI's payment obligations under the Guaranty Agreement
shall be non-dischargeable, under 11 U.S.C. Section 523(b) in the event AVENATTI
becomes a debtor in a bankruptcy case while the Settlement Payments remain outstanding
and thereafter to the extent any party in (1) AVENATTI's bankruptcy case or (2) a
subsequent bankruptcy case or similar proceeding in which EA is the debtor or has a
similar role seeks to recover all or any portion of the Settlement Payments.
3.5. If the Settlement Payments are paid by EA to JFL within the timeframes and in
the manner required by this Agreement, then effective 367 calendar days after the final
Settlement Payment is received by JFL, JFL will waive and forego its right to collect any
part of the remaining FIVE MILLION ONE HUNDRED AND FIFTY THOUSAND
DOLLARS ($5,150,000.00) of its allowed claim.
3.6. Remedy Upon Payment Default. If the Settlement Payments are not made within
three (3) business days of the applicable Settlement Payment date due, then all of the EA
Parties agree that they will no1 oppose the entry by the Bankruptcy Court of a final, non-
137774123.8 6
#:1390
appealable judgment against EA in favor of JFL in the amount of TEN MILLION

DOLLARS minus any amounts previously paid to JFL pursuant to this Agreement (the
"Final Judgment"), and will not oppose the reopening of the Bankruptcy Case for the
limited and sole purpose only of entering fhjs Final Judgment. JFL and the EA Parties
expressly consent to the exclusive jurisdiction of the Bankrnptcy Court to enter fhjs Final
Judgment against EA. By seeking or obtaining any of the relief described in this
paragraph, JFL will not in any way waive or otherwise prejudice or impact its right to
enforce the personal guarantee and Guaranty Agreement set forth in Paragraphs 3.3 and
3.4 of the Agreement.
4. Dismissal of Lawsuits and Arbitrations.
4.1. Wifhjn sixteen (16) calendar days of entry of the Dismissal Order, and provided
no stay of the Settlement Order or Dismissal Order having been issued pursuant to Rule
8007, the commencing party in each of the following actions shall dismiss the actions and
all claims therein with prejudice: (a) the JFL Arbitration and EA's counterclaims therein;
and (b) the SIMS Arbitration and EA's coooterclaims therein. With respect to the other
litigation, EA will not pursue the ENBirbrower Arbitration, the ENCallaway Lawsuit,
the ENRoot Lawsuit or any claims against AEP. AEP has dismissed, without prejudice,
the AEP/EA Arbitration.
5. Releases.
5.1. Release of EA Parties by JFL Parties. Effective upon the latest of (a) entry of
Settlement Order, (b) entry of the Dismissal Order, and (c) dismissal of the Bankruptcy
Case, and provided no stay of the Settlement Order or Dismissal Order having been
issued pursuant to Rule 8007, and in consideration of the tenns of this Agreement and
other good and valuable consideration, JFL, FRANK, SIMS, STOLPER and FSS on their
own behalf and on behalf of each and all of their respective legal predecessors,
successors, assignees, attorneys, agents, partners, owners, employees, heirs, parents,
children, spouses, and related organizations hereby irrevocably and unconditionally
release, and fu11y and forever discharge, absolve, and covenant not to sue the EA Parties,
and each of them, and every one of their respective partners, officers, directors, owners,
agents, employees, companies, parents, subsidiaries, divisions, affiliates, attorneys,
trustees, legatee, personal representative, administrators, insurers, fiduciaries, executors,
representatives, predecessors, successors, assigns, related parties, heirs, parents, children
and spouses from and for any and all claims, causes of action, liabilities, damages, legal
or administrative relief, of any basis or source, whether known or unknown, that were,
have been or could have been asserted now, in the past, or in the future, including, but not
limited to, any and all claims raised in the JFL Arbitration, the Sims Arbitration or the
Bankruptcy Case and/or any and all claims arising out of or relating to the JFL
Agreement, the Sims Agreement and JFL's, Frank's, Sims' or Stolper's employment at or
other rendition of services at EA. However, and notwithstanding any other terms in this
Agreement, this release does not include or in any way release or waive claims held by
any of the JFL Parties for indemnification, contribution and insurance coverage for any
claims brought against them related to their employment at, or rendition of services at,
1)7774123.8 7
#:1391
EA, including without limitation indemnification for tax liability that they may have now
or in the future against EA. Further, notwithstanding the foregoing or any other tenns of
this Agreement, the releases set forth in this paragraph shall not operate to release the EA
Parties from any of their payment and other covenants, obligations and duties under this
Agreement or the Guaranty Agreement, nor will they in any way waive, limit or foreclose
any of the JFL Parties from seeking and obtaining any appropriate remedies for any
violation of the terms of this Agreement or the Guaranty Agreement.
5.2. ReJensc of JFL Pnrtics by the EA Parties. Effective upon the latest of (a) entry
of the Settlement Order, (b) entry of the Dismissal Order, and (c) dismissal of the
Bankruptcy Case, and provided no stay of the Settlement Order or Dismissal Order
having been issued pursuant to Rule 8007, and in consideration of the terms of this
Agreement and other good and valuable consideration, EA, EAGAN, A&A and
AVENAITI on their own behalf and on behalf of each and all of their respective legal
predecessors, successors, assignees, attorneys, agents, partners, employees, heirs, parents,
children, spouses, creditors, owners, executors, trustees and related parties hereby
irrevocably and unconditionally release, and fully and forever discharge, absolve, and
covenant not to sue the JFL Parties, and each of them, and every one of their respective
partners, officers, directors, owners, agents, employees, companies, subsidiaries,
divisions, affiliates, attorneys, trustees, legatee or personal representative, administrators,
insurers, fiduciaries, executors, representatives, predecessors, successors, assigns, related
organizations, heirs, parents, children and spouses from and for any and all claims, causes
of action, liabilities, damages, legal or administrative relief, of any basis or source,
whether known or unknown, that were, have been or could have been asserted now, in the
past, or in the future. This release includes, but is not limited to any and all claims or
counterclaims raised in the JFL Arbitration, the SIMS Arbitration or the Bankruptcy Case
and/or any and all claims arising out of or relating to the JFL Agreement, the SIMS
Agreement or the Parties employment at EA or other rendition of services at EA, or any
and all claims for tortious interference, unfair competition, misappropriation, trade secret,
conversion, fraud, breach of fiduciary duty, breach of duty or other such claims against
the JFL Parties. Notwithstanding the foregoing, theses releases shall not operate to
release the JFL Parties from any of their covenants, obligations and duties under this
Agreement or the Guaranty Agreement, nor will they in any way waive, limit or foreclose
any of the EA Parties from seeking and obtaining any appropriate remedies or relief for
any violation of the tenns of this Agreement or the Guaranty Agreement.
5.3. Release of Counsel in the Matters by the EA Parties. Effective upon the latest
of (a) en1ry of Settlement Order, (b} entry of the Dismissal Order, and (c) dismissal of the
Bankruptcy Case, and provided no stay of the Settlement Order or Dismi.ssal Order
having been issued pursuant to Rule 8007, and in consideration of the terms of this
Agreement and other good and valuable consideration, each of EA, EAGAN, A&A and
AVENATTI on their ov.,11 behalf and on behalf of each and all of their respective legal
predecessors, successors, assignees, attorneys, agents, partners, employees, heirs, parents,
children, spouses, creditors and related organizations hereby irrevocably and
unconditionally release, and fully and forever discharge, absolve, and covenant not to sue
the current, past or future co-counsel, in-house counsel, local counsel or subsequent
137774123.& 8
#:1392
counsel for current, past or future clients of FSS in the Matters for any claims for
attorneys' fees, costs, expenses, damages, or any other compensation or remedies arising
out of or related to the matters listed on Exhibit "A," whether known or unlmovm, that
were, have been or could have been asserted now, in the past, or in the furure. The
persons and entities covered by this release include, but are not limited to: (a) Franklin D.
Azar & Associates, P.C., Franklin D. Azar, Esq. Keith R. Scranton, Esq. and Jonathan
Parrott, Esq.; (b) Law Offices of Steven R. Young and Steven R. Young, Esq.; ( c) Girardi
Keese, LLP and James O'Callahan, Esq.; (d) McNicholas & McNicholas, LLP, Patrick
McNicholas, Esq., Matthew McNicholas, Esq., Philip Shakhnis Esq., and Michael J.
Kent, Esq.; (e) Yuhl Carr LLP, Eric Yuhl, Esq. and Colin Yuhl Esq.; (f) Snell & Wilmer
LLP and Steve T. Graham; (g) Lewis Roca Rothgerber Christie LLP and Dan R. Waite,
Esq.; (h) Bridgford Gleason & Artinian, Richard K. Bridgford, Esq. and Michael H.
Artinian, Esq.; (i) Orrick, Herrington & Sutcliffe LLP and Jorg Ritter, Esq.; (j) Osborn
Machler and Simeon J. Osborn, Esq.; (k) Smyth & Mason PLLC and Jeffrey Smyth Esq.
and (l) FSS, FRANK, SIMS and STOLPER as well as their respective legal predecessors,
successors, assignees, attorneys, agents, partners, employees and related organizations.
5.4. Release of the Clients in the Matters by the EA Parties. Effective upon the
latest of (a) entry of Settlement Order, (b) entry of the Dismissal Order, and (c) dismissal
of the Bankruptcy Case, and provided no stay of the Settlement Order or Dismissal Order
having been issued pursuant to Rule 8007, each of EA, EAGAN, A&A and A VENATTI
on their own behalf and on behalf of each and all of their respective legal predecessors,
successors, assignees, attorneys, agents, partners, employees, heirs, parents, children,
spouses, creditors and related organizations hereby irrevocably and unconditionally
release, and fully and forever discharge, absolve, and covenant not to sue the clients and
class members in the Matters for any claims for attorneys' fees, costs, expenses,
damages, or any other compensation or remedies arising out of or related to the Matters
whether known or Wlknown, that were, have been or could have been asserted now, in the
past, or in the future. The persons and entities covered by this release include, but are not
limited to: (a) Kimberly Birbrower; (b) William (Scott) and Elizabeth Callaway; (c)
Authentic Ente1tainment Properties, LLP, Authentic Entertainment Properties
Development, LLP, RCC Company, LLC, Robert Coffman, Robert O'Neil and Steve
Graham; (d) Hannes Kuhn; (e) Gary and Louise Weaver; (t) Jeffrey Wall; (g) the Estate
of Jonathan A. Spound, Corey Spound, Michael Spound, and Amy Spound; (h) Skylar
Ward; (i) Jamie Deehan; G) Rasheed, Robinson and Jiminez; (k) Shayna Broadstone and
Kristine Billon; (1) Benjamin Lagunas, Dianna Mendoza and Susan Jung; and (m) Al
Chaffee, Yuping Chen, Jeanne Demund, Laird Devick, Todd Hager, Ash Hanlon, Peter
Heathcote, NathW1iel Heathcote, Mike Scheffler, Matthew Wahlman and Michael
Wilson, as well as their respective legal predecessors, successors, assignees, attorneys,
agents, partners, employees, related organizations, heirs, parents, siblings and children.
6. Waiver of Civil Code§ 1542. Each of the Parties has read and understood the following
language contained in Section 1542 of the California Civil Code:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WH1CH THE CREDITOR DOES NOT KNOW OR SUSPECT
137774123.8 9
#:1393
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
OF HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR.
To the extent that Section 1542 is applicable, each of the Parties hereto expressly waives
all rights, if any, that they may have m1der this statute.
7. No Admission of Liabilitv. This Agreement is made in settlement of claims and

allegations which are denied, disputed, and contested. Neither this Agreement nor
anything contained in this Agreement shall be construed as an admission of any fact,
issue, liability, or responsibility by any Party hereto to any other Party hereto, all of
which are expressly denied.
8. Assignment. Each of the Parties represents and warrants that he, she, or it has not
assigned or transferred to any person not a Party to this Agreement any part or portion of
any matter released -m1der this Agreement, and each Party agrees to-defend, indemnify,
and hold harmless the other Parties against any claim (including the payment of
attorneys' fees and costs actually incurred whether or not litigation or other proceedings
are commenced) based on or in connection with, or arising out of any such assignment or
transfer made, purported, or cJaimed. Each of the Parties represents and warrants that he,
she, or it will not assign or transfer to any person not a Party to this Agreement any part
or portion of any obligations or liabilities created under this Agreement, except that JFL
may assign its rights to receive the Sett)ement Payments to any party, in its sole
discretion, and no Party may assign any of its other rights or obligations. Each Party
agrees to defend, indemnify, and hold harmless the other Parties against any claim
(including the payment of attorneys' fees and costs actually incurred whether or not
litigation or other proceedings are commenced) based on or in connection with, or arising
out of any such assignment or transfer made, purported, or claimed in violation of this
paragraph.
9. Indemnification of Claims Brought by Green Street Advisors, LLC. The EA Parties,

and each of them, hereby agree they will fully indemnify the JFL Parties and the Estate of
Jonathan A. Spound and its Administrators, Corey and Michael Spound, for any and all
claims brought by Green Street Advisors, LLC ("Green Street'') against them individually
or collectively for amounts owed under the Service Engagement Agreement entered into
between EA and Green Street in the matter Spound v. SSV Properties et al., dated March
31, 2016, and modified by an Addendwn with the same date (the "Green Street
Engagement"), including but not limited to providing a defense and paying for all
reasonable attorneys' fees, costs and expenses incurred defending against such claims.
10. Mutual Non-Defamation. Each of the Parties agree that they will not make any
defamatory statements about each other to any third party, whether orally or in writing.
137774123.& 10
#:1394
11. Changes to FSS Website. At the request of EA, FSS has made changes to its website
with respect to matters that were previously resolved at EA, and those changes will
remain in effect as long as such matters are included on the website.
12. EA Cooperation on Fee Applications. EA will cooperate with FSS to promptly

compile and provide FSS with all time sheets, emails and other records documenting the
time spent at EA on the disputed Matters so that FSS may submit such time in support of
any necessary fee applications or other motion practice.
13. EA Agreement to Automatically Forward Emails. EA shall arrange to have all emails
sent to the EA email addresses for FRANK, SIMS, STOLPER or Maritza Nowowiejski
automatically forwarded to FRANK, SIMS, STOLPER and Maritza Nowowiejski at FSS
for a period expiring no earlier than December 31, 2018, and thereafter disable the email
addresses.
14. EA Agreement to Delete FRANK's Personal Folder. EA agrees that FRANK will be
provided with access to his personal folder on EA's computer system, and upon request,
will permanently delete any such items from EA's system.
15. Destruction of Documents and Use in Future Legnl Proceedings. Within sixteen (16)
calendar days of entry of the Dismissal Order, and provided no stay of the Settlement
Order or Dismissal Order having been issued pursuant to Rule 8007, the Parties and each
of their respective attorneys, consultants, experts, agents, and representatives and any
other person or entity under the direction or control of any of them, and any other person
or entity that they caused information to be disseminated to will destroy the original and
all copies of the following materials and documents, whether in hard copy or electronic
fonn:
• All discovery, documents, materials, and electronic files received from any
Party that were marked confidential.
The Parties shall also jointly request JAMS and its arbitrators to destroy its entire file
relating to the JFL arbitration, with the exception of billing information, within 10 days
or other reasonable time period proposed by JAMS and agreed to by the Parties, and
carry out all reasonable steps to ensure compliance.
Further, to the extent consistent with their professional, ethical and legal obligations, the
Parties further agree they will not use the following documents in any subsequent legal
proceeding, litigation or arbitration, unless the litigation is between the Parties:
• All discovery responses provided by any Party during the JFL Arbitration;
• All orders entered by any arbitrator during the JFL Arbitration relating to
discovery or sanctions;
• All pleadings relating to any motion for sanctions and/or terminating sanctions
submitted in connection with the JFL arbitration, including but not limited to
all exhibits filed in connection with any such pleading.
137774 123 .8 11
#:1395
16. Payment, Dismissal and Release Obligations Are Not Excused by Alleged Breaches
of this Agreement. The payment, dismissal and release obligations set forth in this
Agreement and the Guaranty Agreement will not be delayed or excused by any alleged
breach or violation of Section 7 through 27 of this Agreement. However, any such
breaches may be remedied pursuant to the dispute resolution procedures set forth in
Paragraph 21 of this Agreement
17. Representations and Warranties. The Parties hereto represent and warrant that each
has read and understood and has received independent legal advice with respect to the
advisability of making this Agreement, and/or has had the opportunity to obtain such
legal advice and has knowingly entered into this Agreement without taking advantage of
the opportunity to obtain such advice. Each Party has made such investigation of the
facts pertaining to this Agreement and of all other matters pertaining hereto as they deem
necessary. The Parties hereto represent and warrant that each signatory hereto has the
full right and authority to enter into this Agreement and bind the Party on whose behalf
he, she, or it has executed this Agreement.
18. Further Assurances. Each Party hereto agrees to cooperate fully and to execute any and
all supplementary docwnents and to take all additional actions that may be necessary or
appropriate to give full force and effect to the basic tenns and intent of this Agreement
and which are not inconsistent with its tenns and intent.
19. Headings. The various headings in this Agreement are inserted for convenience only,
and shall not be deemed a part of or in any manner affect this Agreement or any
provision hereof.
20. Governing Lnw. This Agreement shall be governed and construed in accordance with
the substantive laws of the State of California and the United States Bankruptcy Code.
Respective counsel for each Party hereto has participated in the drafting of, read, and
approved the language of this Agreement. The language of this Agreement shall be
construed as a whole according to its fair meaning, and not strictly for or against any of
the Parties hereto.
21. Dispute Resolution Procedure. Any disputes regarding this Agreement, with the
exception of the procedures set forth in Paragraph 3.6 above pertaining to failures to
make the Settlement Payments in accordance with the terms of this Agreement, shall be
first submitted to the Honorable Louis Meisinger to resolve in mediation, and the cost of
the mediation shall be equally borne by the JFL Parties, on the one hand, and the EA
Parties, on the other hand. If the Parties are unable to resolve the dispute, then 10 days
after the mediation, they will submit the claim to binding arbitration before Benchmark
Resolution Group, Inc. (the organization recently fonned by Judge Meisinger) in Los
Angeles, California to be resolved employing their rules and procedures for arbitration.
22. Waiver/Severnbility. The Parties agree that no waiver by any Party of any particular
provision or right under this Agreement shall be deemed to be a waiver of any other
137'174123.8 12
#:1396
provision or right herein. The Parties further agree that each provision or term of this
Agreement is intended to be severable from the others so that if any particular provision
or term hereof is or determined to be illegal or invalid for any reason whatsoever, such
illegality or invalidity shall not affect the legality or validity of the remaining provisions
and terms hereof.
23. Attorneys' Fees. The Parties agree that should any relief be brought by any Party to
enforce any provision or right under this Agreement, the prevailing party shall be entitled
to recover, in addition to any other relief, reasonable attorneys' fees and costs inctmed
therein.
24. Entire Agreement. This Agreement constitutes the sole and entire agreement and
understanding between the Parties concerning the subject matter hereof and supersedes
all prior agreements and understandings between the Parties on those subjects hereto with
the exception of (a) the AEP Fee Sharing Agreement and the Guaranty Agreement and
(b) the Separation Agreement entered into between EA and STOLPER dated May 23,
2016 (the "STOLPER Separation Agreement"). If there is an inconsistency between this
Agreement and the STOLPER Separation Agreement, this Agreement will control. Each
of the Parties hereto acknowledge to each of the other Parties that no other Party or any
agent or attorney of any Party has made any promise, representation or warranty
whatsoever, express or implie~ written or oral, not contained herein concerning the
subject matter hereof to induce him, her, or it to execute this Agreement, and each of the
Parties hereto acknowledges that he, she, or it has not executed this Agreement in
reliance on any promise, representation or warranty not expressly contained herein. No
person has any authority to make any representation or promise on behalf of any Party
that is not set forth herein. This Agreement may be modified only with a written
instrument duly executed by each of the Parties hereto.
25. Binding Agreement. This Agreement shall bind and shall inure to the benefit of
successors and assigns of each Party. With respect to the individual Parties, this
Agreement shall also bind and inure to the benefit of his or her heirs, assigns, executors,
legatees, administrators and personal representatives. With respect to the entity Parties,
this Agreement shall also bind and inure to the benefit of any parent, affiliate,
predecessor-in-interest, successor-in-interest, transferee, endorsee, or assign.
26. Notice Provision. Any and all notices required by this Agreement shall be mailed and
emailed in writing to the following:
26.1. To the JFL Parties. To Jason Frank, Scott Sims, & Andrew Stolper, Frank Sims
& Stolper LLP, 19800 McArthur Blvd., Suite 855, Irvine, California 92612,
j frank@lawfss.com; ssims@lawfss.com; astolper@lawfss.com
26.2. To the EA Parties. To Michael Avenatti & Michael Eagan, Eagan Avenatti,
LLP, 520 Newport Center Drive, Ste. 1400, Newport Beach, CA 92660,
mavenattiro eauanavenatti.com.
137774123.8 13
#:1397
rparts, and a
27. Execution/Counterparts. This Agreement may be executed in count.e
an origina l signature
facsimile or PDF signature shall have the same force and effect as
at least one such
penned in ink. When ea.ch ofthe Parties hereto has signed and delivered
be deemed an
counterpart to all other Parties or their counsel, each counterpart shall
constitute one
original, and when taken together with other signed counterparts, shall
upon and effective as to all Parties.
fully executed agreement which shall be binding
to be executed as of
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement
the day and year indicated below.
Dece mbe~ 2017
Its Managing Partner
Dece mber ~ 2017 ~~A SSO CIA TES , APC
'chael J. Avenatti
Its President
Decem ber~ 2017
·chael J. Avenatti
In his individual capacity
Decembeil~ 2017 MICHAEL Q. EAGAN
December .[}io17 I
14
#:1398
December/ ho 17
December/ ~017
December /~017 sco
In his individuaJ capacity

---
Dccembe~7 LPER
Andrew D. Stolper
1n his individual
APPROVED AS TO FOR.tvt:
J'4,-,i,cr7 Jt11 :ZoJ<g

Deeembc1 __, 26+7 PACHULSKl STANG ZIEHL & JONES LLP
dvlnrz favv,io
llich::u:d M. Pacbulsk.i Robe,./ /)},
_
Sa w.•.fi'tJ
Counsel to Eagan Avenatti LLP
rs
#:1399
DecemberJ2 2017
December _ , 2017 SULMEYER KUPETZ LLP
Marc Haroupian
Counsel to Michael A venatti and Avenatti &
Associates APC
137774123.8 16
#:1400
December_, 2017 PERKINS COIE LLP
Sara L. Chenetz
Counsel to the JFL Parties
December_, 2017
Md=fu&\iib
Counsel to Michael Avenatti and Avenatti &
Associates APC
/'·-{A(<K /-fo fl. 0 U. f I I'< ,J
137774123.8 16
#:1401
Exhibit 8
#:1402
#:1403
#:1404
#:1405
Exhibit 9
#:1406
#:1407
Exhibit 10
#:1408
t
"'sl;#"ih5fi*,,:r"
c
2
ffoy 2 0 2018
J Sherd F.
Received Olticer/Cbir
4 Oepwy
ocT 3 1 2018
5
Default Section
6
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
l0 COUNTY OF LOS ANGELES _ CENTRAL DISTRICT
il
t2 JASON FRANK LAW PLC, a professional Case No. 8C706555
law corporation, The Hon.,Dennis J. Landin, Dept. 5l
l3
Plaintiff, ,-jf *.---t +, JUDGMENr
t4
vs. Trial Date: None Set
l5
MICHAEL J. AVENATTI, an individual
t6
Defendant.
t7
l8
l9
20
2l
22
23
24
25
26
27
28
|L42399.1
{h!!rr{Lludgment
#:1409
I The Motion for Summary Judgment / Adjudication filed by Plaintiff Jason Frank Law, PLC
2 ("JFL") against Defendant MichaelAvenatti("Avenatti") having been granted on October22,2018,
J it is hereby ORDERED and ADJUDGED as follows:
4 L JUDGMENT is hereby entered in favor of JFL and againstAvenatti in the amount
5 ,f $ {m 5p5I.1E7.75 consisting of a principal amount of $4,850,000 plus

6 prejudgment interest of| JO't 2 87-7f ($ 165,753.42 as of October 22,201 8 plus 51j28.77
7 for each day thereafter untiljudgment is entered).
8 2. JFL shall have and recover from Avenatti costs in the amount of $
9 and attorneys ' fees in the amount of $ the amounts to be determined as
l0 provided in California Rules of Court, rules 3.1700 and 3.17 inserted herein by the Clerk.
ll
t2
l3 DArED: Nol, 20 2010
t4 Judge of the Superior Court
t5 Respectfully submitted,
l6 Eric M. George, SBN 166403

egeorge@bgrfirm.com
t7 BROWNE GEORGE ROSS LLP
2l2I Avenue of the Stars, Suite 2800
l8 Los Angeles, Californi a 90067
Attorneys for Jason Frank Law, PLC
l9
20
2I
22
23
24
25
Z6
27
28
tt42399.t a
[Proposed] Judgment
#:1410
Exhibit 11
Michael
Case 8:18-cv-01644-VAP-KES Document 51-3 Avenatti
Filed 02/12/19 Page 11 of 61 Page ID
July 25, 2018
#:1411
· · · · · · · · · · UNITED STATES BANKRUPTCY COURT
· · · · · · · · · · CENTRAL DISTRICT OF CALIFORNIA
· · · IN RE:
· · · · · EAGAN AVENATTI, LLP,· · · · · ·CASE NUMBER

· · · · · · · · · · · · · · · · · · · · ·8:17-bk-11961-CB
·
· · · · · · · · · · Debtor,
·
· · · _________________________________
· · · · · · · · · · · EXAMINATION OF MICHAEL AVENATTI
· · · · · · · · · · · · · · ·July 25, 2018
· · · · · · · · · · · · · · · · 11:00 a.m.
· · · · · · · · · · · · · ·411 West Fourth Street
· · · · · · · · · · · · Courtroom 5D Conference Room
· · · · · · · · · · · · · ·Santa Ana, California
· · · REPORTED BY:
· · · Lynette Milakovich
· · · CSR No. 5098
U.S. Legal Support | www.uslegalsupport.com ·

Michael
July 25, 2018
#:1412
·1· · · · · · Q· ·Is there anybody at EA who is more
·2· · knowledgeable than you about EA's current financial
·3· · condition?
·4· · · · · · A· ·No.
·5· · · · · · Q· ·What payments have been made towards the
·6· · judgment that was entered on May 22nd of 2018?
·7· · · · · · A· ·Are you talking about Mr. Frank's judgment?
·8· · · · · · Q· ·Yes.
·9· · · · · · A· ·None.
10· · · · · · Q· ·What are plans for paying this judgment?
11· · · · · · MR. CHA:· That's a little overbroad.· Are you
12· · talking about immediately, or are you talking about in the
13· · next ten days?· Are you talking about in the next six
14· · months?· What do you mean by "what plans"?
15· · · · · · Q· ·(BY MR. SELTH:)· Do you have any plans to
16· · repay this judgment?
17· · · · · · A· ·We are going to attempt to repay the judgment
18· · from revenues from the firm or at least a portion of it.
19· · · · · · Q· ·Do you plan to pay as much of the judgment as
20· · you can from revenues of the firm?
21· · · · · · A· ·We haven't made a determination as to what we
22· · believe should be paid relating to the judgment.
23· · · · · · Q· ·Do you believe you are entitled to pay less
24· · than the full amount of the judgment?
25· · · · · · A· ·Yeah.· I believe the 10,000,000-million-dollar
U.S. Legal Support | www.uslegalsupport.com 10

YVer1f
Michael
July 25, 2018
#:1413
·1· · judgment is bogus.
·2· · · · · · Q· ·Have you filed an appeal of the judgment?
·3· · · · · · A· ·Do you want to argue with me, or do you want
·4· · to ask me questions?
·5· · · · · · Q· ·It's a yes or no question.
·6· · · · · · · · · · Have you filed an appeal?
·7· · · · · · MR. CHA:· When you are referring to "you," you are
·8· · referring to EA, not Mr. Avenatti?
·9· · · · · · MR. SELTH:· Yes.· I know it's easy to make that
10· · mistake.· When I mean him personally, I will say, "You
11· · personally."
12· · · · · · MR. CHA:· Correct.
13· · · · · · MR. SELTH:· If I say, "You," I am not meaning you
14· · personally.
15· · · · · · MR. CHA:· Very good.· Thank you.
16· · · · · · · · Q· ·(BY MR. SELTH:)· Has EA filed tax returns
17· · for 2017?
18· · · · · · A· ·No.
19· · · · · · Q· ·Has EA filed tax returns for 2016?
20· · · · · · A· ·I believe so.
21· · · · · · Q· ·Who would know for certain?
22· · · · · · A· ·I don't understand the question.
23· · · · · · Q· ·You said you believe so?
24· · · · · · A· ·That's my answer.· I believe so.
25· · · · · · Q· ·You don't know to a certainty?

YVer1f
Michael
July 25, 2018
#:1414
·1· · · · · · MR. CHA:· Don't argue with my client.· That's all.
·2· · · · · · MR. SELTH:· When an answer is given that is that
·3· · absurd, I am not arguing.· I am saying that's absurd.
·4· · · · · · MR. CHA:· You can think that.· Okay?· Let's not
·5· · burden the record with your thoughts or your feelings.
·6· · That's not relevant.· Okay.· Let's go.· We are here.· We
·7· · are here for you.
·8· · · · · · Q· ·(BY MR. SELTH:)· Who is handling the payroll
·9· · tax withholdings for EA right now, Mr. Avenatti?
10· · · · · · A· ·I believe our payroll tax company.
11· · · · · · Q· ·Is EA current on its payroll tax since the
12· · bankruptcy case has been dismissed?
13· · · · · · A· ·To the best of my knowledge, yes.
14· · · · · · Q· ·Please name all financial institutions where
15· · EA has had a bank account in the last four years.
16· · · · · · A· ·California Bank & Trust, and I think that that
17· · is it.· Although there was a loan from a Mississippi bank,
18· · and I don't remember if we had an account there or not or
19· · if that would qualify as an account.
20· · · · · · Q· ·How long ago was that?
21· · · · · · A· ·I mean, I think there was discovery on this
22· · in connection with the bankruptcy.· I don't remember.
23· · It was some time ago.· But it may have been during this
24· · four-year -- it may have been from 2014 to the present,
25· · so that's why.

YVer1f
Michael
July 25, 2018
#:1415
·1· · · · · · Q· ·But there is no account there now?
·2· · · · · · A· ·No.
·3· · · · · · Q· ·And no loan there now?
·4· · · · · · A· ·No.
·5· · · · · · Q· ·How many current -- how many open accounts
·6· · does EA currently have at California Bank & Trust?
·7· · · · · · A· ·I think two or three.
·8· · · · · · Q· ·Is there one or more than one client trust
·9· · IOLTA account?
10· · · · · · A· ·I think there's one IOLTA.
11· · · · · · Q· ·At California Bank & Trust?
12· · · · · · A· · Period.
·Period.
13· · · · · · Q· ·And it's at California Bank & Trust?
14· · · · · · A· ·Yes.
15· · · · · · Q· ·In the bankruptcy schedules filed in June
16· · of 2017 there were two accounts listed at California
17· · Bank & Trust.· Are those the same two accounts that you
18· · have now?
19· · · · · · A· ·At some point during the bankruptcy the
20· · accounts were changed.
21· · · · · · Q· ·To debtor in possession accounts?
22· · · · · · A· ·Correct.· I don't believe that those have been
23· · changed since the conclusion of the bankruptcy case.
24· · · · · · Q· ·What is the current balance in the two
25· · accounts at California Bank & Trust?

YVer1f
Michael
July 25, 2018
#:1416
·1· · · · · · A· ·I believe that's true, yeah.
·2· · · · · · Q· ·Approximately how much?
·3· · · · · · A· ·Not a lot.· I don't know.· I'd have to look at
·4· · it, but it's not a lot.
·5· · · · · · Q· ·Under a quarter million?
·6· · · · · · A· ·What was the date of the dismissal of the
·7· · bankruptcy?
·8· · · · · · MR. FRANK:· March 15th.
·9· · · · · · Q· ·(BY MR. SELTH:)· Like four months.
10· · · · · · A· ·Yes, less than a quarter million dollars.
11· · · · · · Q· ·Which fees -- which cases have paid fees since
12· · March 15th?
13· · · · · · A· ·You know, I don't recall.· I don't know --
14· · you know, as I sit here, with that being the date, four
15· · months ago, -- well the Med-Line matter which pays on a
16· · monthly basis would have paid fees, so that would be --
17· · let's call it 140,000 dollars.· I think that's the only
18· · matter, but I may be wrong about it, but I think that's
19· · the only matter.
20· · · · · · Q· ·Med-Line pays a monthly fixed fee; is that
21· · correct?
22· · · · · · A· ·Yes, sir.
23· · · · · · Q· ·How much?
24· · · · · · A· ·I think it's 35,000 dollars a month.· It was
25· · the same -- the amount has not changed since the

YVer1f
Michael
July 25, 2018
#:1417
·1·
1· · bankruptcy.
·2· · · · · · Q· ·They pay consistently every month?
·3· · · · · · A· ·Well, sometimes they are late.· Sometimes they
·4· · don't pay on time.· But it's generally --
·5· · · · · · Q· ·They don't generally accrue unpaid fees?
·6· · · · · · A· ·No.· They do accrue if they don't pay on time.
·7· · · · · · Q· ·Is it due on a certain date each month?
·8· · · · · · A
A·· ·It is, but I can't tell you the date.
·9· · · · · · Q· ·So funds that have gone into EA to pay its
10· · operating expenses, you testified that's the majority of
11· · your personal funds; correct?
12· · · · · · A· ·Yes, sir.
13· · · · · · Q· ·What accounts have transferred funds into
14· · EA bank accounts since the bankruptcy was dismissed?
15· · Accounts just in your name?· Are there any others that
16· · have transferred?
17· · · · · · A· ·I think it's just in my name.· When I say,
18· · "My name," I don't recall exactly what account the monies
19· · came into as loans.· I'm sorry.
20· · · · · · Q· ·From?
21· · · · · · A· ·I know where the monies came into.· I don't
22· · know where the monies came from as I sit here now.
23· · I think they were from Avenatti & Associates.
24· · · · · · Q· ·A bank account?
25· · · · · · A· ·A bank account.

YVer1f
Michael
July 25, 2018
#:1418
·1· · STATE OF CALIFORNIA· · · · · ·)

· · · · · · · · · · · · · · · · · · )
·2· · COUNTY OF SAN BERNARDINO· · · )
·3
·4· · · · I, Lynette Milakovich, a Certified Shorthand
·5· · Reporter, do hereby certify:
·6· · · · That prior to being examined, the witness in
·7· · the foregoing proceedings was by me duly sworn to
·8· · testify to the truth, the whole truth, and nothing but
·9· · the truth;
10· · · · That said proceedings were taken before me at
11· · the time and place therein set forth and were taken
12· · down by me in shorthand and thereafter transcribed
13· · into typewriting under my direction and supervision;
14· · · · I further certify that I am neither counsel for,
15· · nor related to, any party to said proceedings, nor
16· · in any way interested in the outcome thereof.
17· · · · In witness whereof, I have hereunto subscribed
18· · my name.
19
20· · Dated:· July 27, 2018
21
22
23· · Lynette Milakovich

· · · CSR No. 5098
24
25

#:1419
Exhibit 12
Case
Case8:18-cv-01644-VAP-KES
8:17-bk-11961-CB Doc 498
Document
Filed 51-3
07/11/18
Filed Entered
02/12/1907/11/18
Page 2015:08:17
of 61 Page
Desc
ID
Main Document
#:1420Page 1 of 2
2 FILED & ENTERED

3
JUL 11 2018
4
5 CLERK U.S. BANKRUPTCY COURT

Central District of California
BY firman DEPUTY CLERK
6
9 CENTRAL DISTRICT OF CALIFORNIA – SANTA ANA DIVISION
10
11 In re Case No. 8:17-bk-11961-CB

12 EAGAN AVENATTI, LLP, Chapter 11
13 Debtor. ORDER GRANTING IN PART AND DENYING
IN PART AMENDED MOTION FOR
14 ASSIGNMENT AND RESTRAINING ORDER
15 Date: July 11, 2018
Time: 10:00 a.m.
16 Place: Courtroom 5D
Address: 411 W. 4th St, Santa Ana, CA 92701
17
18
19
A hearing was held on July 11, 2018, at 10:00 a.m. before the Honorable Catherine E.
20
Bauer, United States Bankruptcy Judge for the Central District of California, in Courtroom 5D
21
located at 411 West Fourth St., Santa Ana, CA, on the Amended Motion for Entry of
22
Assignment and Restraining Order filed on June 20, 2018 as docket #470 by Jason Frank
23
Law, PLC (“Motion”). Appearances were made as noted on the record.
24
Having reviewed the pleadings and heard the discussion on the record and with good
25
cause shown,
26
IT IS ORDERED:
27
1. The Motion is granted in part and denied in part.
28
Case
8:17-bk-11961-CB Doc 498
Document
Filed 51-3
07/11/18
Filed Entered
02/12/1907/11/18
Page 2115:08:17
of 61 Page
Desc
ID
Main Document
#:1421Page 2 of 2
2 2. The Motion is granted as follows:
3 Eagan Avenatti, LLP (“Debtor”) is hereby restrained from assigning, encumbering
4 or in any way transferring any proceeds, attorney’s fees, costs, rights to payments
5 and accounts receivable it is or may be entitled to receive from the lawsuits and
6 clients listed on Exhibit A to the Frank Declaration attached to the Motion (the
7 “Cases”), as well as any rent payments from Debtor’s tenants.
8 Debtor shall file with the Court and serve on Jason Frank Law, PLC, the Internal
9 Revenue Service, the Official Committee of Creditors, and their respective counsel,
10 a notice of any hearing or proceeding regarding attorney’s fees in any of the Cases
11 (regardless of whether Debtor is designated as a possible payee). Notice shall be
12 filed and served at least 14 days prior to the date of the hearing or proceeding.
13 Debtor shall also file with the Court and serve on Jason Frank Law, PLC, the
14 Internal Revenue Service, the Official Committee of Creditors, and their respective
15 counsel, a notice of receipt of any monies in relation to the Cases, regardless of
16 whether the payment is made to Debtor, Avenatti & Associates, Michael Avenatti, or
17 Michael Eagan, or any entity controlled by Debtor, Avenatti & Associates, Michael
18 Avenatti, or Michael Eagan.
19 3. To the extent the Motion is not granted in Paragraph 2, it is denied without prejudice.
20
21 ###
22
23
Date: July 11, 2018
24
25
26
27
28
Case
Case 8:17-bk-11961-CB
8:18-cv-01644-VAP-KES Doc 491-1
Document
Filed51-3
07/06/18
Filed 02/12/19
Entered 07/06/18
Page 2217:03:30
of 61 Page
Desc
ID
Exhibit 1-5 to the Declaration#:1422
of Jason M. Frank Page 4 of 52
EXHIBIT A
Case
Case 8:17-bk-11961-CB
8:18-cv-01644-VAP-KES Doc 491-1
Document
Filed51-3
07/06/18
Filed 02/12/19
Entered 07/06/18
Page 2317:03:30
of 61 Page
Desc
ID

Case Name Court Case Number Date Source

Commenced
1. Alvarez v. Campbell/ LASC – Santa Monica BC537145 2/25/2014 John Alvarez
City of Los Angeles
2. Bahamas Surgery Center, v. USDC – Central California 14‐CV08390 DMG 10/29/2014 Bahamas Surgery Center LLC
Kimberly Clark Corporation (On Behalf of Certified Class)
3. Biloxi Freezing v. Mississippi Power Circuit Court Harrison County A2401‐16‐77 4/2016 Biloxi Freezing & Processing,
Company Mississippi Inc.; Gulfside Casino
Partnership; John Carlton Dean
4. Burton v. Carrey LASC BC634315 9/19/2016 Mark Burton
5. Croxton v. Myla OCSC 30‐2017‐00907481 3/8/2017 Tom Croxton
6. Engel v. Marina Del Rey Hospital LASC BC638697 10/27/2016 Paul S. Engel; The Estate of Jim
D. Engel; The Trust of Jim D.
Engel
7. Greco v. NFL USDC – Northern Texas 3:13‐cv‐1005‐M 3/7/2013 Joseph Greco
8. Hansen v. Goodman LASC BC637521 10/18/2016 Stephen Hansen
9. Heritage v. DFG Group, LLC Florida Fourth District Court of 4D16‐2972 8/31/2016 Heritage Manor of Memorial
Appeal Park, Inc., Memorial Park of
Boca Raton, Inc., Sandra
Strong, as the Personal
Representative of the Estate of
Kathleen I. Michael, Elishka E.
Michael Tarnawa Revocable
Trust Under Agreement Dated
August 9, 2002, Laila Taylor,
Trustee and Laila Taylor, as
Personal Representative of the
Estate of Elishka E. Michael
Tarnawa
10. Herrick v. National Football League USDC – Northern Ohio 5:17‐cv‐472 3/7/2017 Greg Herrick and Carmelo
Treviso (On Behalf of Putative
Class)
11. Kirschner v. Service Corporation LASC BC491632 9/7/2012 Stephanie Kirschner; Brad J.
Kane
12. Koss v. Park Bank Wisconsin Court of Appeals 2016AP636 3/22/2016 Koss Corporation; Michael J.
Koss
Case
Case 8:17-bk-11961-CB
8:18-cv-01644-VAP-KES Doc 491-1
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Filed51-3
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Entered 07/06/18
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Desc
ID
13. Loftin v. QA Investments Superior Court of Wake County 03‐CVS‐16882 12/15/2003 Peter T. Loftin
North Carolina
14. Medline v. Kimberly Clark USDC – Northern Georgia 1:17‐cv‐02032 6/5/2017 Medline Industries, Inc.
15. Meridian v. Kooshian USCA Ninth Circuit 15‐35465 6/12/2015 Mark Calvert
16. Naeyaert v. Kimberly Clark USDC Central California 5:17‐cv‐00950 5/15/2017 Christopher P. Naeyaert
17. Parrish v. Latham Watkins Supreme Court of California S228277 8/5/2015 William Parrish; E. Timothy
Fitzgibbons;
18. Racine v. Selekt Media LASC BC593922 9/9/2015 Amelia Racine
19. Saud v. Saxton LASC BC476972 1/17/2012 Steven J. Saxton; Hollywood
Studios International
20. Shahinian v. Kimberly Clark (Qui USDC – Central California 2:14‐cv‐08313 JAK 10/27/2014 Hrayr Shahinian (On Behalf of
Tam) the United States)
[USA v. Kimberly‐Clark
Corporation]
21. Silva v. Minsky (Children’s Dental LASC BS167372 1/12/2017 Marisabel Silva
Group Cases)
22. Sweetman v. Carrey LASC BC636760 10/11/2016 Brigid Sweetman
23. Alhadeff v. Superior Court Los California – Court of Appeals B281503 3/24/2017 Jennifer Nadjat‐Haiem – Real
Angeles County Party in Interest
24. Alhadeff v. Superior Court of Los California – Court of Appeals B283048 6/12/2017 Jennifer Nadjat‐Haiem, Real
Angeles Party in Interest
25. Alpha GRP, Inc. v. Subaru of USDC – Central California 2:18‐cv‐02133 MWF 3/14/2018 Alpha GRP, Inc.
America, Inc.
26. Barela v. Brock USA, LLC USDC – Central California 8:15‐cv‐00779 5/19/2015 Greg Barela
27. Browndorf v. Salveson USDC – Central California 8:16‐cv‐00181 2/3/2016 Matthew C. Browndorf
28. Chicago Title of Nevada, Inc. v. USDC – Nevada 2:16‐cv‐02293 9/29/2016 X‐Law Group, PC
Colombo
29. City of Los Angeles v. S.C. (Alvarez) California Supreme Court S245632 11/27/2017 Linda Alvarez
30. City of Los Angeles v. S.C.L.A. California – Court of Appeals B280429 1/30/2017 Linda Alvarez, Real Party in
Interest
31. Clifford v. Davidson* LASC – Santa Monica SC129384 6/6/2018 Stephanie Clifford
32. Clifford v. Trump* USDC – Central California 2:18‐cv‐02217 SJO 3/16/2018 Stephanie Clifford
33. DCM‐P1 LLC v. Rushmore Loan LASC BC677324 9/26/2017 DCM‐P1 LLC
Management Services, LLC
34. Feldblumb v. Minsky OCSC 30‐2018‐00984383‐CU‐ 4/5/2018 Anaya Feldblumb, a minor;
MT‐CXC Samuel Feldblumb, Guardian;
Hasan Glover, a minor;
Tamicah Covington, Guardian
35. Hallier v. Naccarato California – Court of Appeal B286312 11/9/2017 Sarah Naccarato
Case
Case 8:17-bk-11961-CB
8:18-cv-01644-VAP-KES Doc 491-1
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Filed51-3
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Filed 02/12/19
Entered 07/06/18
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of 61 Page
Desc
ID
Exhibit 1-5 to the Declaration
th
#:1425
36. Ibe v. Jones U.S. Court of Appeals – 5 15‐10242 3/27/2015 Bruce Ibe, Dean Hoffman,
(Simms v. Jones) Circuit Robert Fortune, Jason McLear,
Ken Laffin, David Wanta and
Rebecca Burgwin
37. Ibe v. National Football League USDC – North Texas 3:11‐CV‐248‐M 2/8/2011 Bruce Ibe, Dean Hoffman,
Robert Fortune, Jason McLear,
Ken Laffin, David Wanta and
Rebecca Burgwin
38. In Re Khalil USDC – Central California 2:16‐cv‐05972 8/10/2016 Steven Goldman
39. In the Matter of Search Warrants USDC – Southern New York 1:18‐mj‐03161 KMW 4/13/2018 Stephanie Clifford
Executed on April 9, 2018*
40. Kaplan v. Porsche Financial USDC – Central California 2:17‐cv‐03405 AB 5/5/2017 David Kaplan
Services
41. Martinez v. Pawlik LASC BC681379 10/27/2017 Adriana Martinez; Christina
Jennifer Mello; Isabella Jeanine
Mello; Victoria Marie Mello
42. Newman v. Malvin OCSC 30‐2017‐00949469‐CU‐ 10/13/2017 Austin J. Newman
PA‐CJC
43. Novak v. Simpson* USDC – Middle Florida, Orlando 6:18‐cv‐922‐ORL‐37‐TBS 6/13/2018 Kathryn Novak
Division
44. Pritzker v. Miller LASC BC658205 4/18/2017 Ronald Pritzker
45. Ramirez v. City of Pasadena LASC BC644094 12/20/2016 Andres Ramirez, a minor
46. Ramirez v. City of Pasadena LASC BC664114 6/5/2017 Andres Ramirez, a minor; Elba
Hernandez, Guardian
47. Shaver v. Cohen, M.D. OCSC 30‐2017‐00920858‐CU‐ 5/17/2017 Charles Shaver
MM‐CJC
48. The Estate of Kathryn Mary Mar v. LASC BC698508 3/16/18 The Estate of Kathryn Mary
Beverly Hills Medica Mar; Serina Lane‐Chase
49. USA v. Hendrix USDC – Central California 2:17‐mj‐02813 11/8/2017 Ryan D. Hendrix
50. USA v. Martinez USDC – South California 3:16‐CR‐02116 9/21/2016 Jose Eduardo Martinez
51. Young Blue, LLC v. Herron LASC BC693618 2/8/2018 Young Blue LLC
*
Denotes matters listing “Avenatti & Associates, APC” on the caption page and/or signature block
#:1426
Exhibit 13
#:1427

3 --oOo--
4 In Re: ) Case No. 8:17-bk-11961-CB
)
5 EAGAN AVENATTI, LLP ) Chapter 11
)
6 Debtor. ) Santa Ana, California
______________________________) Wednesday, July 11, 2018
7 10:00 a.m.
8 AMENDED MOTION FOR ENTRY OF
ASSIGNMENT AND RESTRAINING
9 ORDER
10 TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE CATHERINE BAUER
11 UNITED STATES BANKRUPTCY JUDGE
12 APPEARANCES:
13 For Jason Frank Law, PLC SARA L. CHENETZ, ESQ.

and Scott Sims: Perkins Coie, LLP
14 1888 Century Park East
Suite 1700
15 Los Angeles, California 90067
(310) 788-9900
16
For Eagan Avenatti: HAMID R. RAFATJOO, ESQ.
17 Raines Feldman, LLP
1800 Avenue of the Stars
18 12th Floor
Los Angeles, California 90067
19
20
21
22
23
24
Proceedings recorded by electronic sound recording;
25 transcript produced by transcription service.
Echo Reporting, Inc.

#:1428
43
1 THE COURT: Okay.
2 MS. CHENETZ: But the money -- I mean, he has his
3 money -- however he's operating, he has his money for
4 ordinary business expenses. What I'm gravely concerned is
5 going to happen, the money is going to come in. We're going
6 to have no idea the money's going to come in. At best it's
7 going to sit in some Eagan Avenatti account, and then it's
8 suddenly going to be "Oh, I had to open a new office in
9 Chicago and it cost $1,000,000, and that was my -- I think
10 that was an ordinary expense." Well, we can't get it back
11 from the new Chicago landlord now. And so that the state
12 law provides for assignment of receivables just for this
13 interest so that judgment debtors can't take money and not
14 pay the judgment creditors.
15 THE COURT: Can we fashion something where if
16 moneys come in from these lawsuits, he needs to put them in
17 his trust account and notify the Court and Mr. Frank that
18 this money has come in, he's not to touch it? I mean, this
19 is an officer of the Court. So if he touches it, he's in --
20 you know, I'll do something about it.

21 MS. CHENETZ: Your Honor, I mean, really, there is
22 this $10,000,000 judgment plus now interest and counsel
23 fees. Mr. Frank is not entitled to more than that. He too
24 is an officer of the Court. You know, he has a law firm.
25 If he ever collected more, it would be turned over to Eagan

#:1429
50
1 take this under advisement. I want to look through
2 everything one more time, and I'll get you something very --
3 very quickly, I promise. But I appreciate all the
4 arguments.
5 Ms. Shariff, anything further?
6 MS. SHARIFF: No, thank you very much, your Honor.
7 THE COURT: Okay. All right. So I'm going to
8 take it under advisement. I'll get something out ASAP. All
9 right.
10 MS. CHENETZ: Thank you, your Honor.
11 THE COURT: Thank you very much. Thank you all.
12 MR. RAFATJOO: Thank you, your Honor.
13 (Proceedings concluded.)
14
15 I certify that the foregoing is a correct
16 transcript from the electronic sound recording of the
17 proceedings in the above-entitled matter.
18
19 /s/Jordan Keilty 9/13/18

Transcriber Date
20
FEDERALLY CERTIFIED TRANSCRIPT AUTHENTICATED BY:
21
22
/s/L.L. Francisco
23 L.L. Francisco, President
24
25

#:1430
Exhibit 14
#:1431

3 --oOo--
4 In Re: ) Case No. 8:17-bk-11961-CB
)
5 EAGAN AVENATTI, LLP ) Chapter 11
)
6 Debtor. ) Santa Ana, California
______________________________) Monday, August 27, 2018
7 11:00 a.m.
8 CONT UNITED STATES' MOTION TO
ENFORCE ORDER AND FIND DEBTOR
9 IN CONTEMPT OR IN THE
ALTERNATIVE TO VACATE DISMISS
10 ORDER AND REINSTATE THE
CHAPTER 11 CASE
11
CONT MOTION OF EAGAN AVENATTI
12 LLP FOR A PROTECTIVE ORDER
13 CONT APPLICATION FOR
APPEARANCE AND EXAMINATION OF
14 JUDGMENT DEBTOR RE:
ENFORCEMENT OF JUDGMENT
15
MOTION OF JASON FRANK LAW, PLC
16 FOR ENTRY OF ORDER (1) FINDING
JUDGMENT DEBTOR IN CONTEMPT
17 FOR VIOLATING THE COURT'S JULY
11, 2018 RESTRAINING ORDER OR,
18 IN THE ALTERNATIVE, REQUEST
FOR ADDITIONAL TERMS TO THE
19 RESTRAINING ORDER, AND (2)
DIRECTING PARTIAL PAYMENT OF
20 MONTHLY FEES PAYABLE TO
JUDGMENT DEBTOR
21
22
23
24
Proceedings recorded by electronic sound recording;
25 transcript produced by transcription service.

#:1432
44
1 MR. RAFATJOO: Well, it's --
2 THE COURT: Well, it would --
3 MR. RAFATJOO: Your Honor, for Eagan Avenatti, we
4 will file the report that will say what payments have been
5 made. We can do it -- when was the order entered, the --
6 MS. CHENETZ: Restraining order?
7 MR. RAFATJOO: -- restraining order? We will file
8 one for the month of July post-restraining order. I will
9 file one for the month of August, September 15th or earlier,
10 whenever people want it, so that people know. Or if I can
11 skip the filing step and just email it to these two
12 parties --
13 THE COURT: That's great. That's perfect.
14 MR. RAFATJOO: -- that would be even better.
15 MS. CHENETZ: That's fine.
16 THE COURT: Perfect. Absolutely.
17 MR. RAFATJOO: And then we can deal with it.
18 THE COURT: Okay. Wonderful.
19 MR. RAFATJOO: September 24th.
20 THE COURT: Yeah, I'm looking at September 24th at
21 10:00. It's a Monday.
22 MS. SHARIFF: Okay. Is -- your Honor, if I may
23 ask, is there going to be some kind of a briefing schedule
24 or filing or something?
25 THE COURT: I'll put it in the notice.

#:1433
48
1 I certify that the foregoing is a correct
2 transcript from the electronic sound recording of the
3 proceedings in the above-entitled matter.
5 /s/Jordan Keilty 9/13/18

Transcriber Date
6
FEDERALLY CERTIFIED TRANSCRIPT AUTHENTICATED BY:
7
8
/s/L.L. Francisco
9 L.L. Francisco, President
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

#:1434
Exhibit 15
#:1435
#:1436
Exhibit 16
#:1437
#:1438
#:1439
#:1440
#:1441
Exhibit 17
#:1442 Statement of Accounts
Page 1 of 5
This Statement: March 30, 2018
Last Statement: February 28, 2018
Account 4613
DIRECT INQUIRIES TO:

Customer Service 1 (800) 400-6080
0052316 4090-06-0030-CBT-PG0023-00006
STATE BAR OF CALIFORNIA

EAGAN AVENATTI LLP
ATTORNEY CLIENT TRUST ACCOUNT
520 NEWPORT CENTER DR STE 1400
NEWPORT BEACH CA 92660-7020
Irvine Branch
1900 Main St. Suite 100
Irvine, CA 92614-0000
(949) 223-7500
SUMMARY OF ACCOUNT BALANCE

Checking/Savings Outstanding
Account Type Account Number Ending Balance Balances Owed
Attorney Client Trust 4613 $55,063.24
ATTORNEY CLIENT TRUST 5794184613 220 6
Previous Balance Deposits/Credits Charges/Debits Checks Processed Ending Balance

30,320.33 3,608,058.78 3,529,665.87 53,650.00 55,063.24
...........................................................................................................................................................................................
20 DEPOSITS/CREDITS
Date Amount Description
03/01 12,800.00 WIRE/IN-2018030100003337;ORG GLOBAL BARISTAS US LLC;REF 9351 1305101114
03/02 9,200.00 ONLINE XFER FROM DDA GLOBAL BARIS ID: 000008757 2308801110
03/06 2,950.00 WIRE/IN-2018030500006858;ORG STATE BAR OF CALIFORNIA;REF 241 1304200070
03/07 10,000.00 DEPOSIT 5353020413
03/09 5,000.00 DEPOSIT 5353071662
03/13 650.00 ONLINE XFER FROM DDA GLOBAL BARIS ID: 000006196 2308000562
03/15 3,000,000.00 WIRE/IN-2018031500004201;ORG MICHAEL J AVENATTI ESQ;REF 0000 1304201136
03/20 2,000.00 ONLINE XFER FROM DDA EAGAN AVENAT ID: 000003028 2308502358
03/20 200,000.00 WIRE/IN-2018032000001759;ORG MICHAEL J AVENATTI ESQ;REF 0000 1304800662
03/30 150,000.00 ONLINE XFER FROM DDA ***4779 ID: 000006705 2308101196
03/30 2.78 INTEREST PAYMENT 0001987680
...........................................................................................................................................................................................
45 CHARGES/DEBITS
02/28 3.32 INTEREST TRANSFER 0100072101
03/02 6,500.00 ONLINE XFER TO DDA GLOBAL BARIS ID: 000006008 2308802989
03/05 3,000.00 WIRE/OUT-2018030500003658;BNF Claudia M. Losana 1303801118
03/05 1,800.00 ONLINE XFER TO DDA PASSPORT 420 ID: 000001241 2308700947
03/06 3,000.00 WIRE/OUT-2018030600001771;BNF Claudia Losana 1304200610
03/07 700.00 ONLINE XFER TO DDA GLOBAL BARIS ID: 000000936 2308200615
03/13 1,900.00 WIRE/OUT-2018031300005616;BNF Geoffrey Johnson 1304501542
A division of ZB, N.A. Member FDIC 0052316-0000001-0126977

#:1443
Page 2 of 5
0052316-0000001-0126977
Case 8:18-cv-01644-VAP-KES Document 51-3 Filed 02/12/19
Page 3 of Page
5 44 of 61 Page ID
#:1444 March 30, 2018
4613
Continued ...
03/15 2,828,423.30 WIRE/OUT-2018031500004293;BNF SulmeyerKupetz Trust Account 1304201146
03/15 171,576.70 ONLINE XFER TO DDA EAGAN AVENAT ID: 000001535 2307902459
03/20 8,000.00 WIRE/OUT-2018032000005899;BNF Mareli Miniutti 1304801863
03/20 120,000.00 WIRE/OUT-2018032000005897;BNF Glenn and Patricia Huettner 1304801859
03/21 7,577.50 WIRE/OUT-2018032100005212;BNF Shaffer Security Group 1304401398
03/28 15,000.00 ONLINE XFER TO DDA AVENATTI & A ID: 000006500 2307402213
03/30 50,000.00 WIRE/OUT-2018033000004371;BNF NORELL CONSULTING, INC 1304501240
03/30 1,885.05 WIRE/OUT-2018033000004428;BNF MARIA SCOTT 1304501256
...........................................................................................................................................................................................
4 CHECKS PROCESSED
Number..............Date............................Amount Number..............Date............................Amount Number..............Date............................Amount
9999 03/01 20,000.00 9999* 03/06 9,000.00 9999* 03/12 650.00
9999* 03/02 24,000.00
* Not in check sequence
..........................................................................................................................................................................................
AGGREGATE OVERDRAFT AND RETURNED ITEM FEES
Total for This Period Total Year-to-Date

Total Overdraft Fees $0.00 $0.00
Total Returned Item Fees $0.00 $0.00
To learn more about our other products and services that may lower the cost of managing account
overdrafts or to discuss removing overdraft coverage from your account, please contact Customer
Service or visit your local branch.
..........................................................................................................................................................................................
DAILY BALANCES
Date..........................Balance Date..........................Balance Date..........................Balance
02/28 30,317.01 03/12 8,067.01 03/23 70,145.51
03/01 23,117.01 03/13 4,317.01 03/26 68,145.51
03/02 1,817.01 03/14 1,217.01 03/27 33,645.51
03/05 43,067.01 03/15 17.01 03/28 17,395.51
03/06 19,817.01 03/20 117.01 03/29 10,095.51
03/07 15,517.01 03/21 39.51 03/30 55,063.24
03/09 5,017.01 03/22 75,145.51

Page 4 of Page
5 45 of 61 Page ID
#:1445 March 30, 2018
4613
California Bank & Trust
...........................................................................................................................................................................................
INTEREST
Interest Earned This Interest Period $2.78 Number Of Days This Interest Period 30
Interest Paid Year-To-Date 2018 $7.02 Annual Percentage Yield Earned 0.17%

#:1446
#:1447
0052316-0000003-0126979
#:1448
Exhibit 18
Page 1 of 5
This Statement: April 30, 2018
Last Statement: March 30, 2018
Account 4613

0043658 4121-06-0000-CBT-PG0023-00002

EAGAN AVENATTI LLP
Irvine Branch
Irvine, CA 92614-0000
(949) 223-7500
The new calbanktrust.com. It's improved. It's live. It's user-friendly and mobile-responsive. Check it out today.

Attorney Client Trust 4613 $380.37

55,063.24 483,523.75 502,136.89 36,069.73 380.37
...........................................................................................................................................................................................
8 DEPOSITS/CREDITS
04/03 1,200.00 ONLINE XFER FROM DDA PASSPORT 420 ID: 000006865 2308201534
...........................................................................................................................................................................................
54 CHARGES/DEBITS
04/02 9,000.00 WIRE/OUT-2018040200003572;BNF Silver Star Sound & Comm, Inc. 1304300940
04/05 60,000.00 WIRE/OUT-2018040500003814;BNF Waypoint PPG, LLC 1304701051

#:1450
Page 2 of 5
0043658-0000001-0122127
Page 3 of Page
5 51 of 61 Page ID
#:1451 April 30, 2018
4613
Continued ...
04/09 1,900.00 WIRE/OUT-2018040900005587;BNF GEOFFREY JOHNSON 1304301600
04/09 30,000.00 WIRE/OUT-2018040900005633;BNF MINYARD MORRIS TRUST ACCOUNT 1304301608
04/09 200.00 ONLINE XFER TO DDA AVENATTI & A ID: 000001959 2308804849
04/11 38,814.00 WIRE/OUT-2018041100002430;BNF COLOMBO TILDE 1304200766
04/12 4,000.00 WIRE/OUT-2018041200003603;BNF MARELI MINIUTTI 1304600944
04/13 1,885.06 WIRE/OUT-2018041300004405;BNF MARIE SCOTT 1304702642
04/23 8,000.00 MOBILE XFER TO DDA PASSPORT 420 ID: 000003847 2309202865
04/30 1,885.05 WIRE/OUT-2018043000007299;BNF MARIE SCOTT 1304601738
...........................................................................................................................................................................................
2 CHECKS PROCESSED
Number..............Date............................Amount Number..............Date............................Amount
9999 04/17 34,000.00 9999* 04/24 2,069.73
..........................................................................................................................................................................................

..........................................................................................................................................................................................
DAILY BALANCES
03/30 55,060.46 04/11 11,286.46 04/20 54,081.40
04/02 25,360.46 04/12 6,786.46 04/23 39,081.40
04/03 60.46 04/13 4,701.40 04/24 15,011.67
04/04 146,024.46 04/16 1,501.40 04/26 9,011.67
04/05 25,024.46 04/17 90,501.40 04/27 1,261.67
04/06 224.46 04/18 64,401.40 04/30 380.37
04/09 124.46 04/19 64,781.40

Page 4 of Page
5 52 of 61 Page ID
#:1452 April 30, 2018
4613
...........................................................................................................................................................................................
INTEREST

#:1453
#:1454
0043658-0000003-0122129
#:1455
Exhibit 19
Page 1 of 5
This Statement: May 31, 2018
Last Statement: April 30, 2018
Account 4613

0043576 4152-06-0000-CBT-PG0023-00001

EAGAN AVENATTI LLP
Irvine Branch
Irvine, CA 92614-0000
(949) 223-7500
The new calbanktrust.com. It's improved. It's live. It's user-friendly and mobile-responsive. Check it out today.


380.37 703,192.57 672,128.75 16,000.00 15,444.19
...........................................................................................................................................................................................
10 DEPOSITS/CREDITS
05/01 204,900.00 WIRE/IN-2018050100008316;ORG PORTFOLIO ESCROW INC;OBI PROCEE 1304002210
05/15 100,000.00 WIRE/IN-2018051500001837;ORG MICHAEL AVENATTI ESQ;REF 000000 1304200596
...........................................................................................................................................................................................
17 CHARGES/DEBITS
05/01 15,025.00 WIRE/OUT-2018050100004341;BNF PROTECH SECURITY 1304001162
05/04 46,350.00 WIRE/OUT-2018050400002662;BNF Michael Avenatti Trust 1304500800
05/07 500.00 ONLINE XFER TO DDA EAGAN AVENAT ID: 000001115 2308104169
05/31 7,000.00 MOBILE XFER TO DDA ***4779 ID: 000005864 2308202127

#:1457
Page 2 of 5
0043576-0000001-0122237
Page 3 of Page
5 58 of 61 Page ID
#:1458 May 31, 2018
4613
...........................................................................................................................................................................................
1 CHECK PROCESSED
Number..............Date............................Amount
9999 05/23 16,000.00
..........................................................................................................................................................................................

..........................................................................................................................................................................................
DAILY BALANCES
04/30 376.62 05/07 793.62 05/23 793.62
05/01 17,343.62 05/08 793.62 05/24 793.62
05/03 49,243.62 05/15 793.62 05/31 15,444.19
05/04 1,293.62 05/21 793.62
...........................................................................................................................................................................................
INTEREST

Page 4 of Page
5 59 of 61 Page ID
California Bank & Trust #:1459
This page intentionally left blank
0043576-0000002-0122238
#:1460
#:1461
0043576-0000003-0122239
#:1462
Exhibit 20
Page 1 of 4
This Statement: June 29, 2018
Last Statement: May 31, 2018
Account 4613

0051560 4181-06-0000-CBT-PG0023-00000

EAGAN AVENATTI LLP
Irvine Branch
Irvine, CA 92614-0000
(949) 223-7500
California Bank & Trust, as part of Zions Bancorporation, was the proud winner of 16 Greenwich Excellence
Awards for 2017 for Cash Management, Middle Market and Small Business banking. In fact, we've been
recognized with Middle Market and Cash Management Overall Satisfaction awards every year since 2009] As
always, we thank you for your support.


15,444.19 1,325,003.13 1,339,763.57 0.00 683.75
...........................................................................................................................................................................................
4 DEPOSITS/CREDITS
06/18 1,200,000.00 WIRE/IN-2018061800005673;ORG MICHAEL AVENATTI ESQ;REF 000000 1304301615
...........................................................................................................................................................................................
24 CHARGES/DEBITS
05/31 .57 INTEREST TRANSFER 0100072101
06/18 22,875.00 WIRE/OUT-2018061800005748;BNF Protech Security 1304301635
06/18 1,000,000.00 WIRE/OUT-2018061800005747;BNF The X-Law Group P.C. 1304301633
06/18 16,000.00 WIRE/OUT-2018061800005930;BNF Alexis Gardner 1304301667

#:1464
Page 2 of 4
0051560-0000001-0138293
Page 3 of Page
4 4 of 127 Page ID
#:1465 June 29, 2018
4613
Continued ...
06/26 460.00 MOBILE XFER TO DDA EAGAN AVENAT ID: 000001554 2307904277
06/28 25,828.00 WIRE/OUT-2018062800003557;BNF PROTECH SECURITY 1305200846
...........................................................................................................................................................................................
0 CHECKS PROCESSED
There were no transactions this period.
..........................................................................................................................................................................................

..........................................................................................................................................................................................
DAILY BALANCES
05/31 15,443.62 06/18 100,368.62 06/26 8.62
06/04 11,943.62 06/20 43,368.62 06/27 72,008.62
06/07 36,943.62 06/21 34,368.62 06/28 40,680.62
06/08 35,043.62 06/22 16,668.62 06/29 683.75
06/11 43.62 06/25 6,068.62
...........................................................................................................................................................................................
INTEREST

Page 4 of Page
4 5 of 127 Page ID
0051560-0000002-0138294
#:1467
Exhibit 21
Page 1 of 5
This Statement: July 31, 2018
Last Statement: June 29, 2018
Account 4613

0043332 4213-06-1000-CBT-PG0023-00001

EAGAN AVENATTI LLP
Irvine Branch
Irvine, CA 92614-0000
(949) 223-7500
There are great ways to shift your business into overdrive this summer. Get into growth mode with special
Merchant Services discount offers* from First Data Merchant Services LLC on equipment and fees. There's also
our business credit card offer with even more great rewards. Ask for details today.*Terms and conditions apply.


683.75 280,552.57 280,903.13 0.00 333.19
...........................................................................................................................................................................................
7 DEPOSITS/CREDITS
07/20 35,000.00 DEPOSIT 5353042862
...........................................................................................................................................................................................
18 CHARGES/DEBITS

#:1469
Page 2 of 5
0043332-0000001-0131580
Page 3 of Page
5 9 of 127 Page ID
#:1470 July 31, 2018
4613
Continued ...
...........................................................................................................................................................................................
0 CHECKS PROCESSED
..........................................................................................................................................................................................

..........................................................................................................................................................................................
DAILY BALANCES
06/29 680.62 07/10 11,280.62 07/23 23,530.62
07/03 70,680.62 07/11 280.62 07/25 30.62
07/05 60,280.62 07/13 380.62 07/26 330.62
07/06 41,280.62 07/20 29,630.62 07/31 333.19
07/09 36,280.62
...........................................................................................................................................................................................
INTEREST

Page 4 ofPage
5 10 of 127 Page ID
0043332-0000002-0131581
#:1472
#:1473
0043332-0000003-0131582
#:1474
Exhibit 22
Page 1 of 5
This Statement: August 31, 2018
Last Statement: July 31, 2018
Account 4613

0043375 4244-06-0000-CBT-PG0023-00001

EAGAN AVENATTI LLP
Irvine Branch
Irvine, CA 92614-0000
(949) 223-7500
There are great ways to shift your business into overdrive this summer. Get into growth mode with special
Merchant Services discount offers* from First Data Merchant Services LLC on equipment and fees. There's also
our business credit card offer with even more great rewards. Ask for details today.*Terms and conditions apply.


333.19 44,850.44 45,002.57 0.00 181.06
...........................................................................................................................................................................................
5 DEPOSITS/CREDITS
08/01 2,450.00 WIRE/IN-2018080100004372;ORG MICHAEL AVENATTI, ESQ;REF 00000 1304901175
08/02 6,000.00 ONLINE XFER FROM DDA AVENATTI & A ID: 000007878 2307502332
08/28 35,000.00 DEPOSIT 5353021422
...........................................................................................................................................................................................
7 CHARGES/DEBITS
08/02 4,000.00 WIRE/OUT-2018080200004528;BNF PAMELA BAEZ 1304501243
...........................................................................................................................................................................................
0 CHECKS PROCESSED

#:1476
Page 2 of 5
0043375-0000001-0131600
Page 3 ofPage
5 16 of 127 Page ID
#:1477 August 31, 2018
4613
..........................................................................................................................................................................................

..........................................................................................................................................................................................
DAILY BALANCES
07/31 330.62 08/02 280.62 08/31 181.06
08/01 180.62 08/28 32,280.62
...........................................................................................................................................................................................
INTEREST

Page 4 ofPage
5 17 of 127 Page ID
0043375-0000002-0131601
#:1479
#:1480
0043375-0000003-0131602
#:1481
Exhibit 23
Page 1 of 5
This Statement: September 28, 2018
Last Statement: August 31, 2018
Account 4613

0051022 4272-06-0000-CBT-PG0023-00008

EAGAN AVENATTI LLP
Irvine Branch
Irvine, CA 92614-0000
(949) 223-7500


181.06 286,905.52 263,186.44 19,715.64 4,184.50
...........................................................................................................................................................................................
15 DEPOSITS/CREDITS
09/05 50,000.00 DEPOSIT 5353030165
09/10 35,000.00 DEPOSIT 5353132504
09/10 5,955.00 WIRE/IN-2018091000005708;ORG BANK OF AMERICA;REF 20180910000 1304801662
09/14 3,522.06 DEPOSIT 5353069547
09/24 10,000.00 MOBILE XFER FROM DDA ***4779 ID: 000001061 2308304900
09/25 15,300.54 DEPOSIT 5353046327
...........................................................................................................................................................................................
39 CHARGES/DEBITS
08/31 .44 INTEREST TRANSFER 0100072101
09/05 22,000.00 ONLINE XFER TO DDA ***4779 ID: 000007979 2308303377
09/06 1,500.00 MOBILE XFER TO DDA AVENATTI & A ID: 000008906 2308505169
09/10 6,000.00 WIRE/OUT-2018091000005525;BNF Tabitha A Barela 1304801598
09/11 6,000.00 WIRE/OUT-2018091100001472;BNF Tabitha A Barela 1304800568
09/14 5,000.00 WIRE/OUT-2018091400007154;BNF Brandon S. Parraway 1304801960

#:1483
Page 2 of 5
0051022-0000001-0120610
Page 3 ofPage
5 23 of 127 Page ID
#:1484 September 28, 2018
4613
Continued ...
09/14 42,000.00 MOBILE XFER TO DDA EAGAN AVENAT ID: 000005045 2307804001
09/18 5,000.00 WIRE/OUT-2018091800002973;BNF De Amda Law Firm, PC 1305500726
09/19 4,536.00 WIRE/OUT-2018091900005814;BNF Brandon S Parraway 1304401552
...........................................................................................................................................................................................
4 CHECKS PROCESSED
9999 09/24 1,455.50 9999* 09/27 1,572.14 9999* 09/28 1,637.50
9999* 09/27 15,050.50
..........................................................................................................................................................................................

..........................................................................................................................................................................................
DAILY BALANCES
08/31 180.62 09/12 47,785.62 09/21 9,596.68
09/05 57,880.62 09/14 3,657.68 09/24 8,141.18
09/06 54,380.62 09/17 27,132.68 09/25 18,941.72
09/07 35,580.62 09/18 19,632.68 09/26 14,441.72
09/10 61,685.62 09/19 15,096.68 09/27 5,819.08
09/11 53,185.62 09/20 12,596.68 09/28 4,184.50
...........................................................................................................................................................................................
INTEREST

Page 4 ofPage
5 24 of 127 Page ID
0051022-0000002-0120611
#:1486
#:1487
0051022-0000003-0120612
#:1488
Exhibit 24
Page 1 of 5
This Statement: October 31, 2018
Last Statement: September 28, 2018
Account 4613

0043010 4305-06-0000-CBT-PG0023-00005

EAGAN AVENATTI LLP
Irvine Branch
Irvine, CA 92614-0000
(949) 223-7500


4,184.50 176,989.97 163,852.92 2,274.02 15,047.53
...........................................................................................................................................................................................
19 DEPOSITS/CREDITS
10/10 3,151.40 WIRE/IN-2018101000007150;ORG FIGHT PAC 1305302112
10/12 2,274.02 DEPOSIT 5353024101
10/12 40,000.00 WIRE/IN-2018101200000702;ORG VICTOR NGUYEN;REF DCD OF 18/10/ 1305400450
10/15 15,050.50 DEPOSIT 5353111587
10/24 500.00 MOBILE XFER FROM DDA ***5487 ID: 000003097 2307601684
10/29 35,000.00 DEPOSIT 5353097934
10/31 287.56 MOBILE XFER FROM DDA ***4779 ID: 000005635 2308001818
10/31 4,000.00 DEPOSIT 5353042649
...........................................................................................................................................................................................
40 CHARGES/DEBITS
10/10 3,000.00 WIRE/OUT-2018101000007739;BNF Benjamin Talei md 1305302280
10/12 7,000.00 WIRE/OUT-2018101200002507;BNF Brandon S Parraway 1305401098
A division of Zions Bancorporation, N.A. Member FDIC 0043010-0000001-0116545

#:1490
Page 2 of 5
0043010-0000001-0116545
Page 3 ofPage
5 30 of 127 Page ID
#:1491 October 31, 2018
4613
Continued ...
10/16 1,500.00 WIRE/OUT-2018101600003472;BNF Mareli Miniutti 1304600862
10/24 6,700.00 WIRE/OUT-2018102400007086;BNF Carlos Colorado 1304901872
10/24 500.00 MOBILE XFER TO DDA AVENATTI & A ID: 000007958 2307601689
10/25 200.00 MOBILE XFER TO DDA PASSPORT 420 ID: 000009520 2308100697
10/25 200.00 MOBILE XFER TO DDA AVENATTI & A ID: 000006956 2308100725
...........................................................................................................................................................................................
1 CHECK PROCESSED
9999 10/29 2,274.02
..........................................................................................................................................................................................

..........................................................................................................................................................................................
DAILY BALANCES
09/28 4,181.58 10/12 20,357.00 10/24 2,032.88
10/01 1,681.58 10/15 15,107.50 10/25 1,132.88
10/02 1,681.58 10/16 2,321.65 10/29 33,258.86
10/03 681.58 10/17 11,321.65 10/30 18,758.86
10/05 481.58 10/19 21.65 10/31 15,047.53
10/10 632.98
...........................................................................................................................................................................................
INTEREST
A division of Zions Bancorporation, N.A. Member FDIC 0043010-0000002-0116546

Page 4 ofPage
5 31 of 127 Page ID
0043010-0000002-0116546
#:1493
#:1494
0043010-0000003-0116547
#:1495
Exhibit 25
#:1496
#:1497
#:1498
Exhibit 26
#:1499
#:1500
#:1501
Exhibit 27
#:1502
#:1503
#:1504
#:1505
#:1506
Exhibit 28
#:1507
#:1508
#:1509
#:1510
#:1511
Exhibit 29
#:1512
#:1513
#:1514
Exhibit 30
#:1515
#:1516
#:1517
#:1518
#:1519
Exhibit 31
Case
8:17-bk-11961-CB Doc Document
212 Filed51-4
08/22/17
Filed 02/12/19
Entered 08/22/17
Page 5911:38:34
of 127 Page
DescID
Main Document
#:1520 Page 1 of 7
1 Richard M. Pachulski (CA Bar No. 90073)

Ira D. Kharasch (CA Bar No. 109084)
2 Robert M. Saunders (CA Bar No. 226172)
PACHULSKI STANG ZIEHL & JONES LLP
3 10100 Santa Monica Blvd., 13th Floor
Los Angeles, CA 90067
4 Telephone: 310/277-6910
Facsimile: 310/201-0760
5 E-mail: rpachulski@pszjlaw.com
ikharasch@pszjlaw.com
6 rsaunders@pszjlaw.com
7 Attorneys for Eagan Avenatti LLP,

Debtor and Debtor in Possession
8
UNITED STATES BANKRUPTCY COURT
9
CENTRAL DISTRICT OF CALIFORNIA
10
SANTA ANA DIVISION
11
In re: Case No.: 8:17-bk-11961-CB
P ACHULSKI S TANG Z IEHL & J ONES LLP
12
EAGAN AVENATTI, LLP Chapter 11
LOS ANGELES, CALIFORNIA
13
ATTORNEYS AT LAW
ERRATA TO EXHIBIT B-75

14 Debtor.
[Relates to Docket No. 149]
15
16
17
Eagan Avenatti, LLP, debtor and debtor-in-possession herein, hereby attaches the correct
18
Exhibit B-75, which replaces Exhibit B-75 annexed to Docket No. 149.
19
20
Dated: August 21, 2017 PACHULSKI STANG ZIEHL & JONES LLP
21
22 By /s/ Robert M. Saunders

Richard M. Pachulski
23 Ira D. Kharasch
Robert M. Saunders
24
Attorneys for Eagan Avenatti LLP, Debtor
25 and Debtor in Possession
26
27
28
DOCS_LA:308187.1 20328/001 1
Case
212 Filed51-4
08/22/17
Filed 02/12/19
Entered 08/22/17
Page 6011:38:34
of 127 Page
DescID
Main Document
#:1521 Page 2 of 7
EXHIBIT B-75
Case
212 Filed51-4
08/22/17
Filed 02/12/19
Entered 08/22/17
Page 6111:38:34
of 127 Page
DescID
Main Document
#:1522 Page 3 of 7
COURT CASES
CASE NAME COURT CASE NO. NOTES (including whether a settlement has

been approved by the Court)
1 Alvarez v. Campbell/ City of Los LASC ‐ Santa Monica BC537145 Trial 9/25/17 ‐ Likely Delayed Due to Appeal

Angeles
2 Bahamas Surgery Center v. USDC ‐ Central 14‐CV‐08390 DMG $454 Million Verdict ‐ Post Trial Motions

Kimberly‐Clark Corporation California Pending
3 Biloxi Freezing v. Mississippi Circuit Court A2401‐16‐77 Motion to Dismiss Pending ‐ Case Stayed

Power Company Harrison County Pending Ruling
Mississippi
4 Burton v. Carrey LASC BC634315 Trial 4/26/18
5 Croxton v. Myla OCSC 30‐2017‐00907481 Filed 3/8/17
6 Engel v. Marina Del Rey LASC BC638697 Trial 4/27/18

Hospital
7 Greco v. NFL USDC ‐ Northern 3:13‐CV‐1005‐M Filed 2/5/13

Texas
8 Hansen v. Goodman LASC BC637521 Trial 4/18/18
9 Heritage v. DFG Group, LLC Florida Fourth 4D16‐2972 Underlying Case Circuit Court Palm Beach

District Court of County Florida, Case No. 2005 CA 00709 ‐
Appeal Appellant's Reply Brief Due 6/12/17
10 Herrick v. National Football USDC ‐ Northern 5:17‐cv‐472 Discovery Pending ‐ Class Certification Hearing

League Ohio 11/6/17
Case
212 Filed51-4
08/22/17
Filed 02/12/19
Entered 08/22/17
Page 6211:38:34
of 127 Page
DescID
Main Document
#:1523 Page 4 of 7

11 Kirschner v. Service Corporation LASC BC491632 Remanded after Appeal ‐ Awaiting Status
Conference Date
12 Knaggs v. Yahoo USDC ‐ Northern 15‐mc‐80281 Discovery Dispute

California
13 Koss v. Park Bank Wisconsin Court of 2016AP636 Underlying Case Wisconsin Circuit Court

Appeals Milwaukee County, Case No. 10‐CV‐21290 ‐
Appellant's Reply Brief Due 7/7/17
14 Loftin v. QA Investments Superior Court of 03‐CVS‐16882 Motion for Summary Judgment Pending ‐ Filed

Wake County North 5/4/17
Carolina
15 Medline v. Kimberly‐Clark USDC ‐ Northern 1:17‐cv‐02032 Case Transferred from CA to GA 6/5/17 ‐

Georgia Motion to Dismiss Pending Prior to Transfer
16 Meridian v. Kooshian USCA Ninth Circuit 15‐35465 Underlying case USDC Western Washington,

Case No. 2:12‐cv‐01594 ‐ Mandate Issued
6/8/17
17 Naeyaert v. Kimberly‐Clark USDC Central 5:17‐cv‐00950 Removed to USDC 5/15/17 Motion to Dismiss

California Pending
18 Parrish v. Latham Watkins Supreme Court of S228277 Oral Argument Before Supreme Court 6/6/17

California
19 Racine v. Selekt Media LASC BC693922 Trial 3/18/18
20 Saud v. Saxton LASC BC476972 Awaiting Trial Date After Appeal

Case
212 Filed51-4
08/22/17
Filed 02/12/19
Entered 08/22/17
Page 6311:38:34
of 127 Page
DescID
Main Document
#:1524 Page 5 of 7

21 Scott v. Service Corporation LASC BC421528 Previously Settled with Court Approval; Final

International Accounting and Judgment of Dismissal
Pending
22 Shahinian v. Kimberly‐Clark (Qui USDC ‐ Central 2:14‐cv‐08313 JAK Motion to Dismiss Taken Under Submission

Tam) California 6/5/17
23 Silva v. Minsky (Children's LASC BS167372 Multiple Cases LASC/OCSC ‐ Coordination

Dental Group Cases) Hearing 7/21/17 in OCSC Complex
24 Sweetman v. Carrey LASC BC636760 Trial 4/26/18

Case
212 Filed51-4
08/22/17
Filed 02/12/19
Entered 08/22/17
Page 6411:38:34
of 127 Page
DescID
Main Document
#:1525 Page 6 of 7
PROOF OF SERVICE OF DOCUMENT
I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is:
10100 Santa Monica Boulevard, 13th Floor, Los Angeles, California 90067
A true and correct copy of the foregoing document entitled (specify): ERRATA TO EXHIBIT B-75 will be served or was
served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner stated
below:
1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General
Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On August
22, 2017, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the
following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below:
Service information continued on attached page
2. SERVED BY UNITED STATES MAIL:

On (date) August 22, 2017, I served the following persons and/or entities at the last known addresses in this bankruptcy
case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail,
first class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the
judge will be completed no later than 24 hours after the document is filed.
3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method
for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) August 22, 2017, I served
the following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to
such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration
that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is
filed.
VIA MESSENGER/PERSONAL DELIVERY

Honorable Catherine E. Bauer
United States Bankruptcy Court
Central District of California
411 West Fourth Street, Suite 5165
Santa Ana, CA 92701-4593
I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.
August 22, 2017 Myra Kulick /s/ Myra Kulick

Date Printed Name Signature
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
June 2012 F 9013-3.1.PROOF.SERVICE

DOCS_LA:305992.5 20328/001
Case
212 Filed51-4
08/22/17
Filed 02/12/19
Entered 08/22/17
Page 6511:38:34
of 127 Page
DescID
Main Document
#:1526 Page 7 of 7
SERVICE LIST
Eagan Avenatti, LLP

Chapter 11 Case No. 8:17-bk-11961-CB
TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF):
 Mikel R Bistrow mikel.bistrow@dinsmore.com, caron.burke@dinsmore.com

 Peter W Bowie peter.bowie@dinsmore.com, caron.burke@dinsmore.com
 Christopher Celentino chris.celentino@dinsmore.com, caron.burke@dinsmore.com
 Sara Chenetz schenetz@perkinscoie.com, dlax@perkinscoie.com;cmallahi@perkinscoie.com
 David B Golubchik dbg@lnbyb.com, dbg@ecf.inforuptcy.com
 Michael J Hauser michael.hauser@usdoj.gov
 Mark S Horoupian mhoroupian@sulmeyerlaw.com,
ppenn@sulmeyerlaw.com;mhoroupian@ecf.inforuptcy.com;dperez@sulmeyerlaw.com;ppenn@ecf.inforuptcy.co
m
 Sheri Kanesaka sheri.kanesaka@fnf.com, Christine.hipp@fnf.com
 Isaac Marcushamer
 Malhar S Pagay mpagay@pszjlaw.com, mpagay@pszjlaw.com
 R Gibson Pagter gibson@ppilawyers.com, ecf@ppilawyers.com;r51779@notify.bestcase.com
 Thomas J Polis tom@polis-law.com, paralegal@polis-law.com;r59042@notify.bestcase.com
 Robert M Saunders rsaunders@pszjlaw.com, rsaunders@pszjlaw.com
 Najah J Shariff najah.shariff@usdoj.gov, USACAC.criminal@usdoj.gov
 David H Stein dstein@wilentz.com
 Michael K Symons mike@symonsmarkwith.com, mike@symonsmarkwith.com
 United States Trustee (SA) ustpregion16.sa.ecf@usdoj.gov
VIA U.S. MAIL
2002 Service List Debtor Request for Special Notice

Eagan Avenatti LLP Innovative Computing Systems
520 Newport Center Drive, #1400 3101 Bee Caves Rd Ste 305
Newport Beach, CA 92660 Austin, TX 78746
Eric M. George
Brown George Ross LLP
2121 Avenue of the Stars, Suite 2800
This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
June 2012 F 9013-3.1.PROOF.SERVICE

DOCS_LA:305992.5 20328/001
#:1527
Exhibit 32
#:1528
#:1529
#:1530
#:1531
#:1532
Exhibit 33
#:1533
Christopher Ayres
From: Christopher Ay res

Sent: Wednesday, May 10, 2017 1:09 PM
To: Keith Braley; Shamar D'Shaw n Davis
Cc: M ichael J. Avenatti (mavenatti@eaganavenat ti.com)
Subject: Wire Plans
Gentlemen:
As you aw in a previous emai l. "'e ~houl d rccei'e a " ire on the 17' 11 or 181h in the amount of$1.55 mi ll ion dollars. The
fo ll owing needs to occ ur ASAP after receipt of the wi re. Please transfer those funds out of the 'I rus t account as foliO\~s:
• $188.281.73 should be t ra n~fcrred to your Ayres Lav.. Oftice Orcrating Accou nt;
• The balance of $1,361.718.27 shou ld be transferred to an accou nt designated b) Eagan Avenatti LLP. Mr.
Avcnatti 's finn will send you their wiring instructi ons.
(Michael. plea;;e con fi rm you agree'' ith these" ires.)
Thank you and let me knO\\ if for some reason )OU are um\ ill ing to gi' e direct credit on the fu nds. as we norma lly do.
Sincerely,
Christopher , . A) res
Bourd Certified - Ci1·il Trial Law a11d Personal iJ?illl:v Trial Loll'.
Texas Board of Legal Specialization
Board Cert[fied - Civil Trial Advvcac v.
National Board qf'Triul AJI'oc:ac_l'
AY RES LAW OFF ICE P.C.

4350 Be ltway Dri\ e I Addison. Tc;-.a!> 75001
(972) 99 I -:~222 telephone
(972) 386-0091 facs imi le
(214)668-2729cell phone
www .ayreslaw offi ce .com
********************************************************
IMPORTANT/CONF IDENTIAL: This message contains information

\\ hich may be priv ikged. con fi uentia I. nnd eAernpt from disc losure
under applicable Ia"'. If the reader of this mesc;age is not the intended
recipient or th e em ployee, or agent responsible for delivering the
message to the intended recipient. you are here b) not ificd that an)
dissemination. distribution, or copy ing ofthi:. com mu11 ication is strictly
prohibited. If you have received this communication in error. please
notify us immediate!) at our telephonl' number (972) 991-2n2.
#:1534
Exhibit 34
#:1535
#:1536
#:1537
#:1538
#:1539
Exhibit 35
Page 1 of 9
Account 2851

0040638 4152-06-0000-CBT-PG0023-00049
EAGAN AVENATTI LLP

Irvine Branch
Irvine, CA 92614-0000
(949) 223-7500

Business Essentials Checking 2851 $0.00
BUSINESS ESSENTIALS CHECKING 5791082851 104 49

19,585.73 499,353.70 124,688.14 394,251.29 0.00
...........................................................................................................................................................................................
13 DEPOSITS/CREDITS
05/10 100.00 ONLINE XFER FROM DDA AVENATTI & A ID: 000006933 2308100908
05/12 600.00 ONLINE XFER FROM DDA AVENATTI & A ID: 000000860 2308001022
05/15 1,230.00 DEPOSIT 5353078962
05/17 408,723.70 WIRE/IN-2017051700002546;ORG AYRES LAW OFFICES PC;REF 369176 1303700738
...........................................................................................................................................................................................
28 CHARGES/DEBITS
05/01 12,071.92 ANTHEM BLUE I01O CORP P FL00658432 REF # 017121002584222 1108770384
05/02 2,207.49 JOHN HANCOCK ACH DEBIT 0077281 REF # 017121003454425 1106923081
05/02 144.00 INSUFFICIENT FUNDS FEE-ITEM PD 1703601708
05/12 486.10 PAYCHEX EIB INVOICE X71290400000281REF # 017132001731300 1107433517
05/15 9,322.48 FIRST INSURANCE INSURANCE REF # 017135002529126 1107344266
05/17 14.00 WIRE FEE-INCOMING DOMESTIC
05/17 2,207.49 JOHN HANCOCK ACH DEBIT 0077281 REF # 017136004108186 1106323088
05/18 50.00 PITNEY BOWES PITNEY3 800090900457911REF # 017138005047561 1107229182
05/18 421.26 PITNEY BOWES PITNEY2 0016322879 REF # 017138005047543 1107229179
05/18 4,508.17 STAPLES COMPANY 5JY0IPL 100000000016167REF # 017138005173483 1107227428
05/18 12,072.42 ANTHEM BLUE I01O CORP P FL00682064 REF # 017138005172797 1107228089
05/18 26,246.84 IRS USATAXPYMT 270753873668801REF # 017138005196567 1107227966

#:1541
Page 2 of 9
0040638-0000001-0112223
Page 3 ofPage
9 81 of 127 Page ID
#:1542 May 31, 2017
EAGAN AVENATTI LLP
2851
Continued ...
05/18 27,847.43 IRS USATAXPYMT 270753842321702REF # 017138005196566 1107227965
05/19 5,917.18 EMPLOYMENT DEVEL EDD EF 90776448 REF # 017139005809451 1107731495
05/19 6,233.05 EMPLOYMENT DEVEL EDD EF 496948096 REF # 017139005809452 1107731496
05/19 568.40 COX COMM ORG BANKDRAFT REF # 017138005251996 1107711985
05/19 3,952.00 COX COMM ORG BANKDRAFT REF # 017138005251995 1107711984
05/19 4,113.30 ACHMA VISB BILL PYMNT REF # 017138005273274 1107712440
05/22 260.00 ANALYSIS SERVICE FEE
05/23 177.77 DLX For Business BUS PR 02039880584128 REF # 017142006944990 1106804668
05/30 5,362.84 ONLINE XFER TO DDA ***0313 ID: 000008268 2308106495
...........................................................................................................................................................................................
48 CHECKS PROCESSED
0 05/23 143,233.46 15991 05/22 90.00 52360* 05/16 1,873.70
15915* 05/03 7,976.06 15992 05/19 2,136.61 52362* 05/15 2,800.00
15977* 05/10 5,218.17 15993 05/19 606.42 52363 05/16 5,323.51
15978 05/17 2,664.00 15994 05/23 6,000.00 52364 05/15 2,377.73
15979 05/17 256.00 15995 05/23 11,330.46 52365 05/17 2,023.99
15980 05/17 109,814.00 15996 05/24 100.00 52366 05/16 5,783.98
15981 05/19 3,955.00 15997 05/17 32.03 52368* 05/16 1,800.00
15982 05/22 1,378.00 52347* 05/01 5,323.50 52369 05/16 2,789.50
15983 05/19 551.50 52348 05/01 2,377.73 52370 05/16 2,188.63
15984 05/23 333.00 52349 05/01 2,024.00 52371 05/17 7,561.18
15985 05/17 311.50 52350 05/01 5,783.97 52372 05/19 4,877.36
15986 05/18 5,218.17 52351 05/08 1,202.30 52373 05/16 3,486.73
15987 05/19 82.95 52354* 05/04 2,188.63 52374 05/17 5,064.06
15988 05/17 581.76 52355 05/02 7,546.80 52375 05/15 1,837.26
15989 05/19 959.25 52356 05/01 4,877.34 52376 05/26 1,873.70
15990 05/19 385.00 52358* 05/02 6,484.11 52377 05/15 1,568.24
..........................................................................................................................................................................................

Total Overdraft Fees $648.00 $2,442.00
..........................................................................................................................................................................................
DAILY BALANCES
05/01 -12,872.73 05/10 -5,120.29 05/19 170,139.23
05/02 -13,255.13 05/11 43.71 05/22 168,411.23
05/03 -7,303.19 05/12 157.61 05/23 7,336.54
05/04 -2,027.82 05/15 -4,518.10 05/24 7,236.54
05/05 36.18 05/16 -23,172.15 05/26 5,362.84
05/08 -1,166.12 05/17 280,841.54 05/30 0.00
05/09 -2.12 05/18 204,477.25

Page 4 ofPage
9 82 of 127 Page ID
0040638-0000002-0112224
#:1544
#:1545
#:1546
#:1547
#:1548
#:1549
0040638-0000005-0112227
#:1550
Exhibit 36
#:1551
#:1552
#:1553
Exhibit 37
#:1554
#:1555
#:1556
Exhibit 38
#:1557
#:1558
#:1559
#:1560
#:1561
Exhibit 39
#:1562
#:1563
#:1564
Exhibit 40
Page 1 of 8
Account 3 0661

0035968 4152-06-0000-CBT-PG0023-00016
AVENATTI & ASSOC A PROFESSIONAL CORP

Irvine Branch
Irvine, CA 92614-0000
(949) 223-7500

Business Essentials Checking 0661 $12,940.68

446.52 1,195,801.38 1,048,254.66 135,052.56 12,940.68
...........................................................................................................................................................................................
19 DEPOSITS/CREDITS
05/03 43,500.00 DEPOSIT 5353039767
05/17 320,000.00 WIRE/IN-2017051700006210;ORG MICHAEL AVENATTI, ESQ 1303701612
05/19 2,268.38 DEPOSIT 5353051944
05/31 33.00 74692164N00KZ0DEM 7674 UNITED 0162928759800-932-2732 TX 1206814879
05/31 250,000.00 WIRE/IN-2017053100005824;ORG THE X-LAW GROUP, PC;OBI TORRE;R 1304101380
...........................................................................................................................................................................................
120 CHARGES/DEBITS
05/01 19.99 24121573N003FSTKL 7674 EXHIBITINDEXES/PAMCO 800-6988423 NJ 1207752688
05/01 77.67 24164053RB01AJB0L 7674 EXXONMOBIL 97650170WEST LOS ANGE CA 1207719825
05/01 198.91 24164073PMJ89ZRDF 7674 FEDEX 977361689 800-4633339 TN 1207752689
05/02 4,000.00 WIRE/OUT-2017050200001998;BNF Christine Carlin;REF Carlin 1304700818
05/02 258.82 24275393TS66JD2PY 7674 MOBILITY WORKS - VAN N866-2577350 CA 1207018374
05/03 90.24 24692163S004W0R9R 7674 TCA FASTRAK R 949-727-4800 CA 1207318443
05/03 299.99 24906413S14A1N4KS 7674 DNH*GODADDY.COM 480-5058855 AZ 1207318444
05/04 25,000.00 WIRE/OUT-2017050400001919;BNF Green & Norwood PLLC 1304800576
05/04 533.00 24445003VEJ2HAWAK 7674 PUBLIC STORAGE 08504 800-567-0759 CA 1206918088
05/04 871.55 0674 ATM WITHDRAWAL BLVD PASEO LOS CABOS 1404711553

#:1566
Page 2 of 8
0035968-0000001-0097601
Page 3 ofPage
8 106 of 127 Page ID
#:1567 May 31, 2017
0661
Continued ...
05/05 38.33 24431063W01Z9ZW0A 7674 ORANGE CO SUPERIOR CRT800-708-9832 CA 1207117960
05/05 339.63 74555503WW5E272BG 7674 REST BAR ESQUINA CABOS SAN LUC MX 1207117958
05/05 40.09 24164073WMJ8E5719 7674 FEDEX 977894207 800-4633339 TN 1207117961
05/05 10.19 74555503WW5E272BG 7674 FOREIGN TRANS. FEE CABOS SAN LUC MX 1207117959
05/08 25,000.00 WIRE/OUT-2017050800004328;BNF Michael & Lisa Avenatti;REF Av 1304700982
05/08 50.00 24118593X06WDSYTY 7674 META-BILLING.COM 877-387-9077 CA 1207751846
05/08 130.67 24164073YMJ89RXWA 7674 FEDEX 978059073 800-4633339 TN 1207751845
05/08 4.99 24692163Y0024PBZA 7674 APL* ITUNES.COM/BILL 866-712-7753 CA 1207751847
05/09 .99 246921640007XJDKL 7674 APL* ITUNES.COM/BILL 866-712-7753 CA 1207415855
05/10 35.00 24692164100K0NMP5 7674 TCA FASTRAK R 949-727-4800 CA 1207816489
05/10 41.50 24224434231TQ9H5X 7674 PANINI CAF?-CORONA CORONA DEL MA CA 1207816488
05/11 157.50 246921642008NRBRQ 7674 IL FORNAIO NPB3091 NEWPORT BEACH CA 1207016838
05/11 264.35 241640742MJ8BEDS7 7674 FEDEX 978498260 800-4633339 TN 1207016839
05/12 249.16 2422899430GTBFAAX 7674 NOBU NEWPORT BEACH NEWPORT BEACH CA 1207617672
05/12 73.66 241640743MJ8E0ZM8 7674 FEDEX 978598340 800-4633339 TN 1207617671
05/12 14,235.98 Ten Thousand Ren Rent REF # 017131001466236 1107424632
05/15 96.31 247893044TNLQJWD0 7674 HILLSTONE (310) 576-75LOS ANGELES CA 1208151406
05/15 134.00 24692164400G9EK44 7674 IL FORNAIO NPB3091 NEWPORT BEACH CA 1208151407
05/15 67.37 24015174401LQXHKV 7674 76 - COSTA MESA OIL COCOSTA MESA CA 1208151408
05/15 9.99 24692164500BQBY80 7674 APL* ITUNES.COM/BILL 866-712-7753 CA 1208151405
05/15 23.11 241640745MJ898L3D 7674 FEDEX 978778563 800-4633339 TN 1208151404
05/15 56.18 243160546FYW5WLG9 7674 SHELL OIL 57442723003 IRVINE CA 1208119964
05/15 134.69 2471705464QYFRGP5 7674 TLF BROWNES FLOWERS DANA POINT CA 1208119963
05/15 107.75 0674 P.O.S. PURCHASE OSA 6108 OSA 6108 NEWPORT BE CA 1405334391
05/16 54.63 2434285470FV7AQSF 7674 GREENLEAF GOURMET CHOPCOSTA MESA CA 1207316998
05/16 436.39 247893047S7FSN35Z 7674 NEIMAN MARCUS #11 949-7591900 CA 1207316997
05/16 89.87 2426979472XDDXR1D 7674 ZINQUE VENICE CA 1207316996
05/17 50,000.00 WIRE/OUT-2017051700006225;BNF GREEN & NORWOOD PLLC 1303701632
05/17 60.00 24431064801ZM4L2M 7674 ORANGE CO SUPERIOR CRT800-708-9832 CA 1206516692
05/17 55.04 2405523485V5XF7J1 7674 WAHOO'S FISH TACO-934 NEWPORT BEACH C 1206516691
05/18 115.34 2443106492DYT83J1 7674 AMAZON.COM AMZN.COM/BIAMZN.COM/BILL W 1207316744
05/18 6.03 24692164900K0M32G 7674 ACCESSLINE *PHONE SVC877-880-0055 WA 1207316748
05/18 147.45 247619749609SQP6Z 7674 PF CHANGS #1200 NEWPORT BEACH CA 1207316747
05/18 91.54 241640749MJ8L34GN 7674 FEDEX 979239527 800-4633339 TN 1207316746
05/18 388.22 24692164900WLT2FM 7674 HOTELS.COM138229636918HOTELS.COM WA 1207316745
05/18 39.14 0674 P.O.S. PURCHASE UberUS_A 1455 Market San Franci CA 1405610835
05/19 21,000.00 WIRE/OUT-2017051900002105;BNF Larssen Ltd 1304300768
05/19 100,000.00 WIRE/OUT-2017051900004241;BNF The Escrow Connection;REF Escr 1304301176
05/19 151.97 24692164A008DTH9W 7674 IL FORNAIO NPB3091 NEWPORT BEACH CA 1207917026
05/19 413.02 24164074AMJAEKS3B 7674 FEDEX 156770422 800-4633339 TN 1207917027
05/19 1,325.11 24906414914WN2KZY 7674 DNH*GODADDY.COM 480-5058855 AZ 1207917025
05/22 37.57 24431064B01ZR7HWY 7674 ORANGE CO SUPERIOR CRT800-708-9832 CA 1207450816
05/22 7.50 24431064B01ZR7HXG 7674 ORANGE CO SUPERIOR CRT800-708-9832 CA 1207450813
05/22 113.63 24013394B02KW92E6 7674 ETTAS SEAFOOD RESTAURASEATTLE WA 1207450812
05/22 56.93 24692164B00X2A3ZP 7674 AMAZON MKTPLACE PMTS AMZN.COM/BILL WA 1207450814
05/22 156.90 24164074QMJ8HJQHN 7674 FEDEX 234158235 800-4633339 TN 1207450815
05/23 1,446.43 24828244E0VYYA3TN 7674 BOCONCEPT LA 323-591-0782 CA 1206916145
05/23 796.64 24492154EJH83A4NX 7674 WWW.DESIGNCROWD.COM 8003776955 CA 1206916143
05/23 39.70 24692164F008T1DT7 7674 AMAZON MKTPLACE PMTS AMZN.COM/BILL WA 1206916144

Page 4 ofPage
#:1568 May 31, 2017
0661
Continued ...
05/24 10,000.00 WIRE/OUT-2017052400005198;BNF GYDE Architects PC 1304801303
05/24 41.60 24692164F00BD2M9Z 7674 TCA FASTRAK R 949-727-4800 CA 1206916601
05/24 153.00 24692164F00B4G1EN 7674 IL FORNAIO NPB3091 NEWPORT BEACH CA 1206916600
05/24 153.90 24228994F0GT0WS4B 7674 NOBU NEWPORT BEACH NEWPORT BEACH CA 1206916602
05/24 46.00 24164074FMJ8FDGM1 7674 FEDEX 234491919 800-4633339 TN 1206916599
05/25 8.13 24431064G01ZX8AWJ 7674 ORANGE CO SUPERIOR CRT800-708-9832 CA 1206916756
05/25 38.09 24055234G5V5XF78R 7674 WAHOO'S FISH TACO-934 NEWPORT BEACH C 1206916757
05/25 100.00 24269754GS66FQ3QR 7674 CRISTOPHE SALON 949-2190920 CA 1206916758
05/25 19.19 24164074GMJ8993JV 7674 FEDEX 234594347 800-4633339 TN 1206916755
05/26 100.00 24828244H0VZ3J166 7674 TRADITIONAL JEWELERS NEWPORT BEACH CA 1208117208
05/26 116.00 24492154J0S1HE3DW 7674 COURTCALL *#8370701310-342-0888 CA 1208117206
05/26 116.00 24492154J0S1HEKHP 7674 COURTCALL *#8370721310-342-0888 CA 1208117207
05/30 16.85 74313304J000NT75D 7674 UBER BV 800-592-8996 NL 1207463320
05/30 370.75 74976004KG3E2854S 7674 LES CHANDELLES PARIS FR 1207430191
05/30 56.70 24164074MMJ8TKQBK 7674 FEDEX 234852076 800-4633339 TN 1207411572
05/30 367.38 74976004LG3F6PBGR 7674 LES CHANDELLES PARIS FR 1207430189
05/30 11.23 74987504M7E6M2RPR 7674 UBER FR MAY29 KJV2B HEhelp.uber.com N 1207411573
05/30 .51 74313304J000NT75D 7674 FOREIGN TRANS. FEE 800-592-8996 NL 1207463321
05/30 11.12 74976004KG3E2854S 7674 FOREIGN TRANS. FEE PARIS FR 1207430192
05/30 11.02 74976004LG3F6PBGR 7674 FOREIGN TRANS. FEE PARIS FR 1207430190
05/30 .34 74987504M7E6M2RPR 7674 FOREIGN TRANS. FEE help.uber.com NL 1207411574
05/31 232,875.00 WIRE/OUT-2017053100009232;BNF HTP Motorsport GmbH 1304102192
05/31 45.00 24717054NTBLTHF14 7674 AGENT FEE 8900705277LARGAY TRAVEL CT 1206814885
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05/31 305.40 24445004PHEYR41KN 7674 PACER800-676-6856IR 800-676-6856 TX 1206814886
...........................................................................................................................................................................................
14 CHECKS PROCESSED
0 05/24 2,000.00 1701* 05/24 1,348.00 1707 05/25 13,000.00
1644* 05/09 1,800.00 1703* 05/22 6,950.00 9999* 05/15 16,000.00
1646* 05/10 4,000.00 1704 05/22 50,000.00 9999* 05/16 2,000.00
1694* 05/31 11,000.00 1705 05/22 2,750.00 9999* 05/16 23,160.00
1698* 05/05 44.56 1706 05/23 1,000.00
..........................................................................................................................................................................................


Page 5 ofPage
#:1569 May 31, 2017
0661
..........................................................................................................................................................................................
DAILY BALANCES
05/01 2,149.95 05/11 466.55 05/22 3,599.39
05/02 1,891.13 05/12 5,307.75 05/23 95,266.97
05/03 46,000.90 05/15 6,678.35 05/24 76,524.47
05/04 12,096.35 05/16 1,237.46 05/25 63,359.06
05/05 4,523.55 05/17 21,108.42 05/26 63,027.06
05/08 2,337.89 05/18 184,293.64 05/30 48,581.16
05/09 -663.10 05/19 63,671.92 05/31 12,940.68
05/10 -1,875.60

Page 6 ofPage
0035968-0000003-0097603
#:1571
#:1572
Page 1 of 5
This Statement: June 30, 2017
Last Statement: May 31, 2017
Account 0661

0044293 4182-06-0000-CBT-PG0023-00005

Irvine Branch
Irvine, CA 92614-0000
(949) 223-7500

Business Essentials Checking 0661 $13,879.77

12,940.68 452,389.85 427,550.05 23,900.71 13,879.77
...........................................................................................................................................................................................
14 DEPOSITS/CREDITS
06/01 1,323.85 74692164P00GJLRG0 7674 UNITED 0168624632800-932-2732 TX 1207116794
06/02 33.00 74692164R00WEVHAP 7674 UNITED 0162928760800-932-2732 TX 1207719147
06/02 33.00 74692164R00WEVHAY 7674 UNITED 0162928761800-932-2732 TX 1207719148
...........................................................................................................................................................................................
104 CHARGES/DEBITS
06/01 43.01 24445004P2XAD3QMT 7674 5GUYS 1305 QSR NEWPORT BEACH CA 1207116797
06/01 2.25 24692164P00B67Z28 7674 STARBUCKS STORE 05563 NEWPORT BEACH C 1207116796
06/01 4.55 24692164P00B67ZBK 7674 STARBUCKS STORE 05563 NEWPORT BEACH C 1207116795
06/01 61.26 24431064R0204AJAS 7674 ORANGE CO SUPERIOR CRT800-708-9832 CA 1207116798
06/02 771.85 24692164R003KJJQN 7674 UNITED 0168624632800-932-2732 TX 1207719158
06/02 45.00 24717054RTBMDHVZ9 7674 AGENT FEE 8900705345LARGAY TRAVEL CT 1207719160
06/02 39.00 24692164R00WEAE8V 7674 UNITED 0162928944800-932-2732 TX 1207719161
06/02 2.25 24692164R0027TTEH 7674 STARBUCKS STORE 08941 SANTA ANA CA 1207719155
06/02 67.66 24692164R00TPVQXD 7674 IL FORNAIO NPB3091 NEWPORT BEACH CA 1207719157
06/02 2.25 24692164R0028VL7S 7674 STARBUCKS STORE 05563 NEWPORT BEACH C 1207719159
06/02 13.20 24828244R0FX32A6F 7674 JUICE SERVED HERE FAS NEWPORT BEACH C 1207719151
06/02 46.50 24164074RMJ87WPW4 7674 FEDEX 235292015 800-4633339 TN 1207719154
06/02 7.50 24431064T0205BHPE 7674 ORANGE CO SUPERIOR CRT800-708-9832 CA 1207719149
06/02 300.00 24767254T0001EH9H 7674 DELAWARE DIV OF CORP 302-7393077 DE 1207719150
06/02 300.00 24767254T0001DPTE 7674 DELAWARE DIV OF CORP 302-7393077 DE 1207719152
06/02 300.00 24767254T0001DPSP 7674 DELAWARE DIV OF CORP 302-7393077 DE 1207719153
06/02 190.00 24692164R00754DV3 7674 WKI*CTCORPORATION 800-624-0909 NY 1207719156

#:1574
Page 2 of 5
0044293-0000001-0112812
Page 3 ofPage
#:1575 June 30, 2017
0661
Continued ...
06/05 3,366.98 WIRE/OUT-2017060500004843;BNF FreeM Racewear 1304501412
06/05 85.50 24692164T00HFS5DW 7674 IL FORNAIO NPB3091 NEWPORT BEACH CA 1207753855
06/05 2.25 24692164T00R7L9FA 7674 STARBUCKS STORE 05563 NEWPORT BEACH C 1207753854
06/05 20.00 24493984TP8G1AHEP 7674 ONSTAR DATA PLAN - AT&WWW.ATT.COM TX 1207753853
06/05 96.95 24692164S00A4L4E2 7674 IL FORNAIO NPB3091 NEWPORT BEACH CA 1207753857
06/05 533.00 24445004SEJ6FTK97 7674 PUBLIC STORAGE 08504 800-567-0759 CA 1207753856
06/05 20.00 24269794W00NZYAQH 7674 GELATO PARADISO - FIA NEWPORT BEACH C 1207718953
06/06 100,000.00 WIRE/OUT-2017060600004721;BNF The Escrow Connection;REF Escr 1304301348
06/06 20,850.00 WIRE/OUT-2017060600004720;BNF Parkway Escrow;OBI Escrow No. 1304301346
06/06 50.00 24118594W06Z2F18X 7674 META-BILLING.COM 877-387-9077 CA 1207316708
06/06 2.25 24692164W00KB4ELS 7674 STARBUCKS STORE 05563 NEWPORT BEACH C 1207316707
06/07 91.77 24164074XMJ8QDYXG 7674 FEDEX 235465788 800-4633339 TN 1207417323
06/07 92.00 24015174X00SRKWXV 7674 76 - SUPERIOR 76 CAR WNEWPORT BEACH C 1207417322
06/07 50.35 24164074XMJ89PWMY 7674 FEDEX 235769271 800-4633339 TN 1207417324
06/07 4.99 24692164X00DM16PP 7674 APL* ITUNES.COM/BILL 866-712-7753 CA 1207417320
06/07 62.00 24224434Y31TQQA4A 7674 PANINI KABOB GRILL CORONA DEL MA CA 1207417321
06/08 97.21 24692164Y00PK7GGN 7674 LEDLOW /PYT LOS ANGELES CA 1207017536
06/08 370.00 24323004Y5S8PB7EE 7674 UNISEARCH INC 800-722-0708 WA 1207017535
06/09 128.00 24251384Z0VZEBKJH 7674 WATKINS SPINE INC MARINA DEL RE CA 1208017469
06/09 35.00 24692164Z00QYF51Q 7674 TCA FASTRAK R 949-727-4800 CA 1208017466
06/09 15.00 24431064Z020BDABX 7674 ORANGE CO SUPERIOR CRT800-708-9832 CA 1208017471
06/09 .99 24692164Z00H26LWP 7674 APL* ITUNES.COM/BILL 866-712-7753 CA 1208017470
06/09 479.50 24767255000013NS5 7674 CAREY 888-6493949 DC 1208017467
06/09 23.17 24164074ZMJ8FW1J3 7674 FEDEX 235963918 800-4633339 TN 1208017468
06/12 27.49 246921650003SHXD3 7674 L2G*DJA-COURT E-COMMRC206-477-3000 WA 1207450990
06/12 14.99 246921650003SHXDW 7674 L2G*DJA-COURT E-COMMRC206-477-3000 WA 1207450991
06/12 7.50 244310650020QDXBB 7674 ORANGE CO SUPERIOR CRT800-708-9832 CA 1207450992
06/12 6.03 2469216522XQWXA8H 7674 ACCESSLINE *PHONE SVC877-880-0055 WA 1207417421
06/13 96.57 2424760538PVKJRGP 7674 LIDO SHIPYARD SAUSAGE NEWPORT BEACH C 1206916263
06/13 7.75 0674 P.O.S. PURCHASE WHOLEFDS N WHOLEFDS NP NEWPORT BE CA 1405010291
06/14 35.00 2469216542XKSVTX2 7674 TCA FASTRAK R 949-727-4800 CA 1206916929
06/14 8.00 2469216542XRFSN7T 7674 STARBUCKS STORE 05563 NEWPORT BEACH C 1206916931
06/14 49.99 244834754QZK56AAX 7674 Motor Trend OnDemand 310-5315012 CA 1206916932
06/14 9.99 2469216542XPGN5ZA 7674 APL* ITUNES.COM/BILL 866-712-7753 CA 1206916928
06/14 149.99 2443099552M70440T 7674 MICROSOFT *STORE 800-642-7676 WA 1206916930
06/15 7.50 244310655020HE0TE 7674 ORANGE CO SUPERIOR CRT800-708-9832 CA 1207316620
06/16 52.06 241640756MJ8G7WZ8 7674 FEDEX 236649834 800-4633339 TN 1207417916
06/16 498.00 24493985761Q946DG 7674 COALITION OF COURT REP888-279-0395 CA 1207417917
06/19 4,027.50 2475542583HAER79D 7674 ADR SERVICES INC 310-2010010 CA 1207850936
06/19 107.05 241640758MJ8BGV5Q 7674 FEDEX 236820952 800-4633339 TN 1207850935
06/20 2,411.97 24431065AX1FJ9JKT 7674 MAGNOLIA HI FI 305 COSTA MESA CA 1207015963
06/20 54.52 24164075AMJ85FM65 7674 FEDEX 237052152 800-4633339 TN 1207015962
06/20 13,000.00 Ten Thousand Ren Rent REF # 017170005570215 1106813703
06/21 15.00 24431065B020NGDNP 7674 ORANGE CO SUPERIOR CRT800-708-9832 CA 1206917063
06/21 176.93 24342855B0FVMT24F 7674 Cecconis West HollywooW HOLLYWOOD CA 1206917060
06/21 42.01 24164075BMJ89FTLK 7674 FEDEX 237156376 800-4633339 TN 1206917062
06/21 66.04 24692165Q2XG9R5BT 7674 CHEVRON 0201093 NEWPORT BEACH CA 1206917061
06/22 110.29 24164075QMJ839XS2 7674 FEDEX 237260828 800-4633339 TN 1207217352
06/23 403.86 24755425D4ZY1F4QH 7674 WALDORF AST JEAN GEO RBEVERLY HILLS C 1207417398
06/23 86.00 24492155E0S04KS36 7674 COURTCALL *#8387471310-342-0888 CA 1207417399
06/26 240.00 24269795E2XENDND2 7674 THE HYDRATION ROOM WESNEWPORT BEACH C 1207850347
06/27 405.00 24692165H2Y1JMYMW 7674 IN *BLUE CHIP RACING R434-8227700 VA 1207415979
06/27 116.00 24492155J0S0S80SK 7674 COURTCALL *#8437202310-342-0888 CA 1207415980

Page 4 ofPage
#:1576 June 30, 2017
0661
Continued ...
06/27 6.00 OVERDRAFT SERVICE FEE
06/28 107.90 24692165J2XQVEDEG 7674 AMAZON MKTPLACE PMTS AMZN.COM/BILL WA 1207216857
06/28 1,270.03 24798655J3K6KDRQG 7674 DRAGO CENTRO LOS ANGELES CA 1207216858
06/28 70.84 24164075JMJ895RH9 7674 FEDEX 237839194 800-4633339 TN 1207216859
06/28 192.26 24231685K8ABEVB75 7674 MAYO CLINIC FLA E JACKSONVILLE FL 1207216860
06/29 61.00 24512395KS66MD90K 7674 CITY OF NB-CITEPERMIT 949-6443241 CA 1206717036
06/29 36.00 24164075KMJ84PGW0 7674 FEDEX 237943792 800-4633339 TN 1206717038
06/29 11.24 24224435L2Y2DKY07 7674 MS.GOV-SUP CRT PAM 601-206-0082 MS 1206717037
06/30 34.89 24431065L2DJJ5RAS 7674 AMAZON.COM AMZN.COM/BIAMZN.COM/BILL W 1207317226
06/30 23.17 24164075LMJ8GPYBZ 7674 FEDEX 238040050 800-4633339 TN 1207317228
06/30 116.00 24492155M0S1EVM55 7674 COURTCALL *#8445929310-342-0888 CA 1207317227
...........................................................................................................................................................................................
5 CHECKS PROCESSED
1648 06/26 3,759.31 1708* 06/07 1,590.00 1710 06/23 10,911.88
1649 06/27 3,639.52 1709 06/20 4,000.00
..........................................................................................................................................................................................

..........................................................................................................................................................................................
DAILY BALANCES
06/01 14,153.46 06/13 586.67 06/22 25,544.70
06/02 2,134.25 06/14 333.70 06/23 -7,871.04
06/05 3,009.57 06/15 326.20 06/26 -1,939.90
06/06 37,093.32 06/16 99,726.14 06/27 -1,142.42
06/07 -68.13 06/19 45,501.63 06/28 1,180.55
06/08 1,428.66 06/20 26,013.38 06/29 1,072.31
06/09 747.00 06/21 25,654.99 06/30 13,879.77
06/12 690.99

#:1577
#:1578
0044293-0000003-0112814
#:1579
Exhibit 41
CM/ECF - California Central District Page 1 of 5
#:1580
ACCO,(JCGx),AO120,CLOSED,DISCOVERY,MANADR
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA (Southern Division - Santa Ana)
CIVIL DOCKET FOR CASE #: 8:15-cv-00779-JVS-JCG
Greg Barela v. Brock USA, LLC et al Date Filed: 05/19/2015

Assigned to: Judge James V. Selna Date Terminated: 08/11/2015
Referred to: Magistrate Judge Jay C. Gandhi Jury Demand: Plaintiff
Cause: 35:271 Patent Infringement Nature of Suit: 830 Patent
Jurisdiction: Federal Question
Plaintiff
Greg Barela represented by Jason M Frank
an individual Eagan Avenatti LLP
520 Newport Center Drive Suite 1400
Newport Beach, CA 92660-7617
949-706-7000
Fax: 949-706-7050
Email: jfrank@lawfss.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Scott Howard Sims

Eagan Avenatti LLP
949-706-7000
Fax: 949-706-7050
Email: ssims@eaganavenatti.com
LEAD ATTORNEY
Michael J Avenatti
Eagan Avenatti LLP
949-706-7000
Fax: 949-706-7050
Email: mavenatti@eaganavenatti.com
V.
Defendant
Brock USA, LLC represented by David J Sheikh
https://ecf.cacd.uscourts.gov/cgi-bin/DktRpt.pl?200864367085075-L_1_0-1 2/12/2019
#:1581
a Colorado limited liability company Lee Sheikh Megley & Haan LLC
doing business as 1 North Franklin Street, Suite 3340
Brock International LLC Chicago, IL 60606
312-982-0070
Fax: 312-982-0071
Email: dsheikh@leesheikh.com
PRO HAC VICE
Joseph A Culig
Lee Sheikh Megley and Haan LLC
1 North Franklin Street Suite 3340
Chicago, IL 60606
312-982-0070
Fax: 312-982-0071
Email: jculig@leesheikh.com
PRO HAC VICE
Martin L Fineman
Davis Wright Tremaine LLP
505 Mongomery Street Suite 800
San Francisco, CA 94111-6533
415-276-6500
Fax: 415-276-6599
Email: martinfineman@dwt.com
Nicolas A Jampol
Davis Wright Tremaine LLP
865 South Figueroa Street Suite 2400
213-633-6800
Fax: 213-633-6899
Email: nicolasjampol@dwt.com
Defendant
Does
1 to 50,
Date Filed # Docket Text

05/19/2015 1 COMPLAINT Receipt No: 0973-15750401 - Fee: $400, filed by Plaintiff Greg
Barela. (Attorney Michael J Avenatti added to party Greg Barela(pty:pla))
(Avenatti, Michael) (Entered: 05/19/2015)
05/19/2015 2 CIVIL COVER SHEET filed by Plaintiff Greg Barela. (Avenatti, Michael)
#:1582
(Entered: 05/19/2015)
05/19/2015 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case
Opening) 1 filed by Plaintiff Greg Barela. (Avenatti, Michael) (Entered:
05/19/2015)
05/19/2015 4 CERTIFICATE of Interested Parties filed by Plaintiff Greg Barela, (Avenatti,
Michael) (Entered: 05/19/2015)
05/19/2015 5 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a
Trademark (Initial Notification) filed by Greg Barela. (Avenatti, Michael)
(Entered: 05/19/2015)
05/20/2015 6 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate
Judge Jay C. Gandhi. (twdb) (Entered: 05/20/2015)
05/20/2015 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.
(twdb) (Entered: 05/20/2015)
05/20/2015 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to
defendants Brock USA, LLC. (twdb) (Entered: 05/20/2015)
06/05/2015 9 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO
JUDGE SELNA. (jlen) (Entered: 06/05/2015)
06/05/2015 10 ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge
James V. Selna. Rule 26 Meeting Report due by 9/21/2015. Scheduling
Conference set for 9/28/2015 at 10:30 AM before Judge James V. Selna. (jlen)
(Entered: 06/05/2015)
06/10/2015 11 STIPULATION Extending Time to Answer the complaint as to Brock USA,
LLC answer now due 7/1/2015, re Complaint (Attorney Civil Case Opening) 1
filed by Defendant Brock USA, LLC.(Attorney Nicolas A Jampol added to
party Brock USA, LLC(pty:dft))(Jampol, Nicolas) (Entered: 06/10/2015)
06/10/2015 12 PROOF OF SERVICE Executed by Plaintiff Greg Barela, upon Defendant
Brock USA, LLC served on 5/27/2015, answer due 7/1/2015. Service of the
Summons and Complaint were executed upon Kristin Kopera, Manager in
compliance with statute not specified by substituted service at business address
and by also mailing a copy. Original Summons returned. (Avenatti, Michael)
(Entered: 06/10/2015)
06/24/2015 13 APPLICATION for attorney David J. Sheikh to Appear Pro Hac Vice (PHV
Fee of $325 receipt number 0973-15968496 paid.) filed by Defendant Brock
USA, LLC. (Attachments: # 1 Proposed Order) (Jampol, Nicolas) (Entered:
06/24/2015)
06/24/2015 14 APPLICATION for attorney Joseph A. Culig to Appear Pro Hac Vice (PHV
Fee of $325 receipt number 0973-15968611 paid.) filed by Defendant Brock
USA, LLC. (Attachments: # 1 Proposed Order) (Jampol, Nicolas) (Entered:
06/24/2015)
06/24/2015 15 STIPULATION to AMEND Complaint (Attorney Civil Case Opening) 1 ,
#:1583
STIPULATION Extending Time to Answer the complaint as to Brock USA,

LLC answer now due 7/15/2015, re Complaint (Attorney Civil Case Opening) 1
filed by Defendant Brock USA, LLC.(Jampol, Nicolas) (Entered: 06/24/2015)
06/30/2015 16 FIRST AMENDED COMPLAINT against Defendants Brock USA, LLC
amending Complaint (Attorney Civil Case Opening) 1 , filed by Plaintiff Greg
Barela (Avenatti, Michael) (Entered: 06/30/2015)
07/08/2015 17 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by
Defendant Brock USA, LLC. Motion set for hearing on 8/10/2015 at 01:30 PM
before Judge James V. Selna. (Attachments: # 1 Proposed Order) (Jampol,
Nicolas) (Entered: 07/08/2015)
07/08/2015 18 DECLARATION of Joseph A. Culig in support of NOTICE OF MOTION
AND MOTION to Compel Arbitration 17 or, in the Alternative, to Dismiss
Barela's First Amended Complaint filed by Defendant Brock USA, LLC.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5
Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit
10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15
Exhibit 15, # 16 Exhibit 16)(Jampol, Nicolas) (Entered: 07/08/2015)
07/16/2015 19 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO
APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge James V. Selna:
granting 14 APPLICATION to Appear Pro Hac Vice by Attorney Joseph A.
Culig on behalf of Defendant, designating Nicholas A. Jampol as local counsel.
(lt) (Entered: 07/17/2015)
07/16/2015 20 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO
APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge James V. Selna:
granting 13 APPLICATION to Appear Pro Hac Vice by Attorney David J.
Sheikh on behalf of Defendant, designating Nicholas A. Jampol as local
counsel. (lt) (Entered: 07/17/2015)
07/20/2015 21 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to
Compel Arbitration 17 filed by Plaintiff Greg Barela. (Attachments: # 1
Affidavit of Greg Barela)(Avenatti, Michael) (Entered: 07/20/2015)
07/27/2015 22 REPLY in support of NOTICE OF MOTION AND MOTION to Compel
Arbitration 17 or in the Alternative, to Dismiss First Amended Complaint filed
by Defendant Brock USA, LLC. (Attachments: # 1 Declaration of Joseph A.
Culig, # 2 Exhibit 17)(Jampol, Nicolas) (Entered: 07/27/2015)
08/07/2015 23 NOTICE of Appearance filed by attorney Martin L Fineman on behalf of
Defendant Brock USA, LLC (Attorney Martin L Fineman added to party Brock
USA, LLC(pty:dft))(Fineman, Martin) (Entered: 08/07/2015)
08/10/2015 24 (IN CHAMBERS) Order Granting Defendants Motion to Compel Arbitration
and Denying Defendants Motion to Dismiss 17 by Judge James V. Selna: The
Court, having been informed by the parties that they are submitting on the
tentative ruling, previously issued, hereby GRANTS the defendants Motion to
Compel Arbitration and DENIES defendants motion to dismiss. (see document
#:1584
for details) (mu) (Entered: 08/11/2015)

08/11/2015 25 ORDER GRANTING BROCKS MOTION TO COMPEL ARBITRATION by
Judge James V. Selna: Accordingly, Brocks Motion to Compel Arbitration 17 is
GRANTED. CountsI, II, III, and IV of Barelas First Amended Complaint are
DISMISSED WITHPREJUDICE and the parties are ordered to submit Barelas
claims to bindingarbitration, as set forth in the June 1, 2009 Mutual
Confidentiality and Non-UseAgreement. (Made JS-6. Case Terminated.) (mu)
(Entered: 08/12/2015)
#:1585
Exhibit 42
#:1586
#:1587
#:1588
#:1589
Exhibit 43
#:1590
#:1591
Exhibit 44
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#:1593
Exhibit 45
#:1594
#:1595
Exhibit 46
#:1596
#:1597
Exhibit 47
Before Stormy Daniels, her attorney faced allegations of dubious business dealings at Tull... Page 1 of 9
#:1598
( Search
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Before Stormy Daniels, her attorney faced allegations of dubious business

dealings at Tully’s Coffee
-
Originally published April 7, 2018 at 2:20 pm Updated April 7, 2018 at 3:20 pm
1 of 3 Michael Avenatti, lawyer for Stormy Daniels. (Richard Drew/The Associated Press)
https://www.seattletimes.com/seattle-news/before-stormy-daniels-her-attorney-faced-alleg... 2/12/2019
#:1599
Michael Avenatti has become a cable news celebrity for accusing Donald Trump of trying to silence his porn-star
client, but his involvement with Tully’s Coffee has been a source of legal headaches.
By Lewis Kamb -
Seattle Times staff reporter
He’s become famous as the brash lawyer for the porn star who purportedly bedded the future president, but before Michael
Avenatti accused Donald Trump and his attorney of a payoff scheme to muzzle Stormy Daniels, he faced allegations of
dubious business dealings as owner of a flailing coffee chain.
Since his investment firm bought bankrupt Tully’s Coffee for $9.15 million at auction five years ago, Avenatti’s company
has been named in more than 50 state and federal legal complaints, including commercial lawsuits, breach of lease actions
and warrants for unpaid taxes, court records show.
#:1600
All the while, Tully’s has shuttered store after store — from Everett to Bellevue, Tacoma to Seattle, and beyond — with
employees left in limbo, landlords left unpaid and customers left holding now seemingly worthless loyalty cards.
And late last month, the list of grievances against Avenatti only intensified, with new allegations of wrongdoing.
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In a complaint submitted to the California State Bar Association — and cc’d to the U.S. Attorney’s Office in Seattle —
Bellevue attorney David Nold asserts Avenatti carried out an illegal “pump and dump” scheme through his Washington
state-registered Tully’s ownership firm, Global Baristas US, LLC.
Nold’s complaint contends that while Avenatti ran the company, he fleeced nearly $6 million in federal and state tax
withholdings — money meant to be held in trust for payment of quarterly taxes — from the paychecks of Tully’s employees.
The complaint also claims Avenatti fraudulently transferred $100,000 from the Tully’s operation last year to retain lawyers
for his California law firm’s unrelated bankruptcy.
“Michael Avenatti’s actions in connection with Global Baristas US, LLC have caused significant damage to the State of
Washington, the federal government and numerous private entities,” according to Nold, who represents Bellevue Square,
Ellenos yogurt and other clients who have recently sued the Tully’s firm. “And they implicate his fitness to practice law.”
Officials for the California bar won’t say whether they’re investigating.
Avenatti, 47, an aggressive class-action litigator based in Newport Beach, California, declined to be interviewed. In an
email, he generally disputed the allegations and attacked Nold’s character.
ADVERTISING
#:1601
“Mr. Nold is widely known as an unethical ‘hack’ of a lawyer who routinely files baseless complaints,” Avenatti’s email
said. “He is a disgrace to the legal profession and is consumed by jealousy of other attorneys so he makes baseless
allegations. His most recent conduct is yet more of the same — I hope he gets the help he needs.”
Avenatti provided no evidence for his attack against Nold, who has no record of disciplinary actions or ethical violations,
according to the Washington State Bar website.
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Nold brushed off the comment. “He’s mad because we wouldn’t be bullied,” he said.
Avenatti’s email also did not address questions about Tully’s.
“You will have to ask your questions to the new ownership group who long ago took on responsibility for various tax
liabilities etc.,” he wrote, declining to specify who those owners are or when he divested his stake.
In various court filings and testimony last year, Avenatti described himself as the principal or chairman of the Tully’s
chain. During a July deposition, he testified his law firm wholly owned Doppio Inc., a Delaware corporation that he said
controlled 80 percent of Tully’s ownership firm, Global Baristas US.
Current state corporate registration records also list only Avenatti among “governing persons” for the similarly named
Global Baristas, LLC, which is registered as the controlling party for Global Baristas US.
Robert Sifuentez, 35, who worked for Tully’s for nine years until the store he managed in Seattle’s Virginia Mason Medical
Center closed last month, said Avenatti’s “name was the only name on my paycheck … up until we closed.”
When the last few Tully’s stores closed in March, company spokeswoman Suzy Quinn described the moves as temporary
under a long-term “rebranding process.”
But internal memos detailed an unplanned crisis after the coffee supplier for Tully’s cut it off. And in a federal lawsuit filed
in January, Vermont-based coffee conglomerate Keurig Green Mountain — which actually owns the Tully’s trade name —
claimed Global Baristas failed to pay $500,000 in licensing fees for the past two years. The suit contends Global Baristas
had to stop using the Tully’s name.
Meanwhile, Tully’s stores have been evicted from several locations, including its corporate offices on Western Avenue,
court records show.
Partner sued
#:1602
Global Baristas’ purchase of the Tully’s chain drew controversy from the start. In August 2013, less than two months after
the deal closed, Avenatti’s business partner sued him, claiming misrepresentation.
That partner, actor Patrick Dempsey of TV’s “Grey’s Anatomy,” contended in his suit Avenatti told him Global Baristas had
enough money to operate the more than 40 Tully’s stores. But Dempsey, the suit claims, soon discovered Avenatti secretly
had taken out a $2 million loan with an exorbitant 15 percent interest rate, pledging all Tully’s assets as security, the suit
claimed. Avenatti quickly settled, and Dempsey walked away from the venture.
The case proved a harbinger of legal actions to come, including a battle against Nold’s client, Bellevue Square. For years,
the shopping mall’s owner, Kemper Development, leased spaces for Tully’s stores in the Lincoln Square, Bellevue Place
and Bellevue Square shopping centers.
After Kemper Development opted not to renew leases for Tully’s stores in Lincoln Square and Bellevue Place, Global
Baristas vacated the Bellevue Square store amid a 10-year lease and a costly remodel.
In 2015, Bellevue Square and B-Squared Construction each sued, both claiming Global Baristas broke the lease and hadn’t
paid for remodeling work done at its space in the mall.
Avenatti disputed both lawsuits. He claimed his firm didn’t pay the contractor due to unspecified construction defects, and
contended Global Baristas only agreed to a re-up at Bellevue Square after Kemper Development assured it would renew
Tully’s leases at its two other shopping centers. Such promises weren’t included in the lease agreement, but Avenatti
claimed they were described in emails between him and his underlings.
But when a court ordered Global Baristas to produce the emails, Avenatti failed to do so. Last year, a judge granted default
judgments in favor of Bellevue Square and imposed sanctions and fines against Global Baristas, ordering it to also cover
Bellevue Square’s legal bills.
While Nold pursued collecting more than $1 million from Global Baristas last year, he learned Avenatti’s private law firm
was in bankruptcy proceedings.
In March, arbitration on a former law partner’s claim that Avenatti’s firm owed him $14 million was about to start when a
mysterious creditor filed an involuntary Chapter 11 petition against the law firm for $28,700 in unpaid services, according
to court filings. The petition plunged Avenatti’s firm into bankruptcy proceedings, postponing the arbitration.
A federal bankruptcy judge later commented the case had a “stench of impropriety,” and the mystery creditor was never
located. Avenatti later transferred $100,000 from Global Baristas to retain a Florida law firm to handle the bankruptcy,
court records show.
#:1603
After Nold argued the transfer was fraudulent due to Global Baristas’ obligations to his client, the Florida attorneys
returned Avenatti’s check, records show.
Nold’s firm soon began tracking down Global Barista’s bank accounts to garnish for debts owed to Bellevue Square.
Turn for the worse

By last fall, daily operations at Tully’s stores took a noticeable turn for the worse, according to three former employees
interviewed for this story.
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Alki Bakery, Ellenos yogurt, Dillanos coffee and other vendors weren’t consistently getting paid, they said, and deliveries
became sporadic.
Global Baristas also wasn’t keeping up with state and federal taxes, court records show. For years, the company lagged in
paying quarterly taxes, leading Washington’s Revenue and Labor and Industries departments to repeatedly file warrants
against it. Global Baristas often took months to make good on its delinquent tax debts.
As of last week, more than $1 million of court-filed warrants for unpaid state taxes remained unresolved. The IRS also filed
liens in July and August against Global Baristas and Avenatti for more than $5 million in unpaid taxes dating back to 2015.
No releases have since been filed showing that debt was paid.
In September, when Boeing announced a dozen Tully’s stores in its facilities around Puget Sound would close, the
company issued a statement that business had “never been stronger.”
But lawsuits claiming unpaid rents mounted over the next few months. Among those winning default judgments was
Eisenhower Carlson, a Tacoma law firm that represented Tully’s in its dispute with Bellevue Square. The firm received a
$93,000 judgment against its former client.
Global Baristas often hasn’t responded to recent legal actions against it, records show.
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“We have found Michael Avenatti not to be an easy person to deal with,” noted Matthew Green, a Seattle lawyer who
represents three Tully’s landlords.
After Green won default judgments and orders to evict Tully’s from its corporate office on Western Avenue and a downtown
Seattle store, his clients sought to recoup some of the debts by auctioning off equipment left behind.
Shortly before a sheriff’s auction was set to occur, Avenatti filed claims the property didn’t belong to Global Baristas, the
subject of the judgment, but to another LLC, Global Baristas US. The move delayed the auctions, Green said, forcing him to
seek judgments against both LLCs.
#:1604
Avenatti made a similar claim when Bellevue Square sought to auction off left behind items there, Nold said.
“He tries to use the LLCs to confuse everybody,” said Nold. “Only he was telling me exactly the opposite — that his other
LLC owned the equipment.”
Several lawyers for clients with judgments against Global Baristas said they don’t expect to collect a dime. But Nold has
been relentless, collecting more than $1 million against Avenatti.
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“We would garnish Key Bank, then he would move the money to a different bank, then to another,” Nold said. “But it
didn’t matter, we were finding it. He finally got tired, and just paid us.”
Avenatti is now appealing the Bellevue Square case to Washington’s Court of Appeals.
Outside Washington, Global Baristas faces several other thorny legal disputes. Last week, Daytona International Speedway
filed papers in a federal court in Florida seeking confirmation of a $760,000 arbitration award against Global Baristas
related to an undisclosed contract breach.
Unused credit on loyalty cards may seem piddling by comparison, but some longtime Tully’s customers say they’re upset.
Nancy Nordstrand said she and her husband each recently made deposits on their cards to get a 20 percent bonus offered at
their local Tully’s. Now, with that store closed, the couple is out $187, she said.
“The irritation for me is they could’ve stopped those promotions if they thought they were going down,” said Nordstrand,
who complained to the state attorney general after her calls to Tully’s corporate went unanswered.
Despite such Tully’s turmoil, Avenatti’s fame is only burgeoning.
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The attorney, whose website boasts of more than $1 billion in verdicts and settlements won for clients, has become a fixture
on cable TV, thanks to his latest high-profile case.
Sifuentez, the former Tully’s employee, said he can’t help but see the irony.
“He’s getting all this positive press for the Stormy Daniels thing, but at the same time, this (expletive) just cost hundreds of
people their jobs,” he said.
Seattle Times business editor Rami Grunbaum and news researcher Miyoko Wolf contributed to this report. It contains
material from newspaper’s archive. Lewis Kamb: lkamb@seattletimes.com or (206) 464-2932. Twitter @lewiskamb
#:1605
 View 136 Comment
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#:1606
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#:1607
Exhibit 48
#:1608
#:1609
#:1610
settlement funds from the Settling Party and so they could use Mr. Barela ' s funds for their own
2 purposes.
3 4. Pursuant to the terms of the actual settlement agreement, and at the express
4 direction of A venatti, the Settling Party made the - settlement payment • • • • • • • •
5 on January 5, 2018 to a client trust account specified by Avenatti. (Exs. 5, 6.) This -
6 payment was not reported-and still has never been reported-to Mr. Barela despite
7 Defendants' receipt of the settlement payment on January 5, 2018. (Ex. 7.)
8 5. Beginning on March 10, 2018, the date Mr. Barela had been falsely informed by
9 Defendants that the • • • • settlement payment was due, and for the next eight months, Mr.
10 Barela made numerous inquiries of Defendants asking for a status update on the Settling Party' s
11 settlement payment. Yet despite having received the - settlement payment
12 of· · · · on January 5, 2018, Defendants told Mr. Barela that the Settling Party had not
13 made the · · · · settlement payment and that they were working to obtain it. To date,
14 Defendants have refused to admit that on January 5, 2018, the Settl ing Party made the •••I
15 settlement payment into the client trust account specified by A venatti.
16 6. Defendants kept Mr. Barela' s settlement funds despite knowing that Plaintiffs
17 were counting on those funds to pay their expenses and that the failure to disburse the settlement
18 proceeds to Mr. Barela was causing Plaintiffs great financial and personal hardship. Rather than
19 paying Mr. Barela the amounts he was owed, A venatti made Mr. Barela plead with him for
20 advances against the • • • • • • • settlement payment that A venatti repeatedly and falsely
21 represented to Mr. Barela had not been made by Settling Party. Thus, between April and
22 November 2018, Avenatti acted like he was doing Plaintiffs a huge favor by "advancing"
23 to Plaintiffs to pay their expenses despite the fact that Defendants had received the -
24 payment from the Settling Party and the money A venatti was advancing to Plaintiffs was
25 only a fraction of the amount Defendants had received and owed to Mr. Barela in the first place.
26 7. Even worse, in October 2018, Avenatti informed Mr. Barela that he would no
27 longer advance Plaintiffs any funds , but that he could arrange for Mr. Barela to get a • • •
28 loan in January 2019, but that the Joan wou Id have to be with interest. On information and belief,
3
STATEMENT OF CLAIMS
#:1611
l the • • • "loan" that Avenatti offered to procure for Mr. Barela was actually going to be
2 made by Avenatti with the proceeds of the settlement payment that was · · · · ·
3 • • • • • • • • • • • • , but that Plaintiffs had been falsely informed by Defendants
4 was not due until March 10, 2019.
5 8. After having been deceived by Avenatti and Defendants for eleven months, Mr.
6 Barela retained new counsel and by letter dated November 17, 2018, requested an accounting
7 from Avenatti, Eagan Avenatti, LLP, and Avenatti & Associates regarding any payment made by
8 the Settling Party and a written copy of his fee agreement. (Ex. l 0.) Specifically, the letter from
9 Mr. Barela 's new counsel stated:
10 We understand that Mr. Barela has been advised by you that [Settling Party] did
11 not make the initial • • • • payment due under the terms of the Settlement
12 Agreement. We request that [sic] you provide written confirmation of [Settling
13 Party's] failure to make such payment. We further ask that you promptly provide
14 us with a true and correct copy of the Settlement Agreement and any fee
15 agreement that you have with Mr. Barela.
16 Finally, in the event [Settling Party] made the • • • • • • • payment
17 provided for by the Settlement Agreement, we ask that you provide an immediate
18 accounting concerning such funds.
19 9. By separate letter dated November 19, 2018, Mr. Barela directed Avenatti, Eagan
20 Avenatti, LLP, and Avenatti & Associates to transfer his client files and the balance of any funds
21 paid by Settling Party pursuant to the settlement agreement to the client trust account of his new
22 attorneys. (Ex. 11.)
23 10. Mr. Barela reiterated these requests in a letter dated December 3, 2018. (Ex. 13.)
24 To date, Defendants have not responded to Mr. Barela 's request for an accounting, and have
25 refused to provide a copy of his fee agreement, transfer his files to his new counsel or to transfer
26 the balance of any funds paid by Settling Party pursuant to the settlement agreement to the client
27 trust account of his new attorneys.
28
4
STATEMENT OF CLAIMS
#:1612
#:1613
#:1614
#:1615
#:1616
#:1617
#:1618
1 another lawsuit would need to be filed in order to force Settling Pai1y to make the settlement
2 payments.
3 42. Given that Mr. Bru·ela had relied on receiving his po11ion of the · · · · · · ·
4 payment by March 2018 he was facing a dire financial situation. On April 2, 2018 Mr. Barela
5 emailed Avenatti asking for a loan. Mr. Bai·ela was in the early stages of setting up two
6 businesses and Mr. Barela told Avenatti that he was "out of pocket about 250k right now for both
7 businesses." Later that day Mr. Barela asked Avenatti via text message whether there was any
8 word from the Settling Party regarding the settlement payment. In a phone call, Avenatti
9 reiterated that he had spoken with counsel for Settling Party and that counsel for Settling Pa11y
10 did not understand why the Settling Paify had not responded to his requests for payment.
11 Avenatti assured Mr. Barela on the call that he and the other Defendants were working to make
12 sure Settling Party would make the settlement payment as soon as possible. Avenatti also agreed
13 to provide an advance of money to Mr. Barela while Defendants were purpo11edly seeking
14 payment from the Settling Pa1fy. After the call, Mr. Barela texted Avenatti, "Thanks again for the
15 call. Whatever you can do is so appreciated.' Avenatti responded: " All good No wonies."
16 43 . On April 3, 2018 , Mr. Bai·ela asked Avenatti whether he was able to advance him
17 "any amount if at all?" Avenatti responded that he could "probably send a wire tllllw."
18 44. On April 5, 2018 , Mr. Barela emailed Avenatti his Bank information to make a
19 wire transfer of the money A venatti had agreed to advance Mr. Barela. Mr. Barela also
20 stated that he would like to discuss his options for collections on the Settling Party. Sho11ly
21 thereafter, Mr. Bai·ela received a wire transfer of
22 45. On April 15 2018, Mr. Bai·ela again inquired via email to Avenatti about the stah1s
23 of the settlement money from the Settling Party. He also inquired about steps to take against the
24 Settling Party if the money is not collected. He told Avenatti he needed a plan as soon as possible
25 as he was facing financial difficulties. Once again, A venatti was careful to not respond in
26 writing. Instead, during a telephone call, Avenatti assured Mr. Bru·ela that Defendants were filing
27 ru1other claim against Settling Prufy in federal com1 in Los Angeles, and they were waiting for a
28 response.
11
STA TEMENT OF CLAIMS
#:1619
#:1620
#:1621
62 . On October 17, 2018, Mr. Barela again reached out to Avenatti expressing to him
2 that he was in a financial hardship and asked for another advance. He again texted A venatti on
3 October 19, 2018, asking him if he could borrow money. Avenatti again did not respond in
4 writing.
5 63. On October 22, 2018 , Mr. Barela emailed Avenatti again stressing the financial
6 troubles he was facing. He told Avenatti that he was working on trying to get a loan from a third-
7 party creditor and was trying to use the settlement agreement to secure it. Mr. Barela again asked
8 for an update on the payment and what the next action steps would be. He also asked for copies
9 of all the paperwork related to the alleged filing against the Settling Party so that he could use it
10 to secure a personal loan. A venatti never responded to the email.
11 64. On October 28, 2018 , Mr. Barela texted Avenatti again highlighting his dire
12 financial situation. Once again, he asked A venatti to forward the documents that had been filed
13 against the Settling Party so that he could use it to secure a personal loan. Avenatti did not
14 respond.
15 65 . On October 29, 2018, Mr. Barela again reached out to Avenatti. Avenatti wrote
16 back stating that he would call Mr. Barela shortly. Later that same day, because Mr. Barela had
17 not heard back from Avenatti, Mr. Barela sent him another message. Avenatti wrote back in
18 response: "Let's chat in the am. Working on a solution." Mr. Barela responded by again stressing
19 his financial difficulties.
20 66. The following day, on October 30, 2018, Mr. Barela followed up with Avenatti to
21 check in and asked ifthere was "any word." Avenatti responded in writing, stating that he was
22 "making progress. "
23 67 . On October 31 , 2018, Mr. Barela sent wire information for an additional advance
24 from Defendants. Defendants made an additional and final advance of $4,000 to Mr. Barela on
25 November 5, 2018.
26 68. In early November 2018, Mr. Barela began searching for a creditor to loan him
27 approximately in order to operate his business, using the settlement agreement and
28 promise by the Settling Party to pay as collateral. After Avenatti heard of Mr. Barela' s search for
14
STATEMENT OF CLAIMS
#:1622
#:1623
73. In November 2018, Mr. Barela hired Larson O ' Brien, LLP to represent him in
2 connection with his efforts to collect the proceeds due to him pursuant to the terms of the
3 settlement agreement. On November 17, 2018, Mr. Barela's new counsel sent a letter to Avenatti
4 asking him to (1) confirm any representations Avenatti made to Mr. Barela that the Settling Party
5 had failed to make the • • • • • • • payment due under the settlement agreement; (2)
6 promptly provide a true and correct copy of the settlement agreement and any fee arrangement
7 between Avenatti and Mr. Barela; and (3) provide an immediate accounting in the event the
8 Settling Party made the • • • • • • • payment provided for in the settlement agreement.
9 (Ex. 10.)
10 74. Later that same day, Avenatti made multiple calls to Mr. Barela. Avenatti sent an
11 email asking Mr. Barela to call Avenatti "ASAP. " Additionally, Avenatti sent a text message to
12 Mr. Barela asking " What is this all about? Pis call me ASAP. " Avenatti never responded to new
13 counsel ' s November 17, 2018 letter.
14 75 . On November 18, 2018, new counsel for Mr. Barela sent an email to Avenatti
15 requesting that Avenatti stop attempting to communicate directly or indirectly with Mr. Barela
16 and that all future communications be made through Mr. Barela' s new counsel. Counsel also
17 requested that Avenatti and all of his current and prior firms preserve all documents and writings
18 relating to this matter. Avenatti did not respond to the email.
19 76. On November 19, 2018, Mr. Barela sent an email to Avenatti requesting that he
20 transfer all paper and electronic files to Larson O ' Brien LLP. Mr. Barela also request that
21 Avenatti transfer the balance of any funds paid by Settling Party to Larson O ' Brien LLP . (Ex.
22 11.) New counsel provided Avenatti with the wire transfer information. Avenatti did not respond
23 to either communication.
24 77. At the request of Mr. Barela, on November 21 , 2018, the Settling Party provided
25 Mr. Barela with a true and correct copy of the fully executed settlement agreement. (Exs. 2, 12.)
26 The true and correct copy of the full y executed settlement agreement · · · · · · · ·
27
28
- - - - - - - - · ·· (Ex. 2.)16
STATEMENT OF CLAIMS
#:1624
#:1625
#:1626
#:1627
#:1628
98. Plaintiffs reasonably relied on the Defendants' false and fraudulent
2 misrepresentations. Plaintiffs ' reliance on Defendants representations regarding the settlement
3 proceeds were substantial factors in causing their harm.
4 99. Accordingly, as a result of Defendants' fraudulent misrepresentation of material
5 facts and misappropriation of funds , Plaintiffs have suffered harm. Moreover, because
6 Defendants acted maliciously, fraudulently and oppressively within the meaning of those terms as
7 set forth in California Civil Code Section 3294, Plaintiffs are entitled to recover punitive damages
8 from Defendants.
9 FOURTH CAUSE OF ACTION
10 Fraud & Deceit - Concealment
11 (On Behalf of Plaintiffs Against All Defendants)
12 100. Plaintiffs re-allege and incorporate each allegation in Paragraphs 1 through 99 of
13 this Complaint as though fully set forth herein.
14 1O1. At all times herein mention, Plaintiffs and Defendants were in a fiduciary
15 relationship and Defendants failed to disclose to Plaintiffs that on January 5, 2018, the Settling
16 Party made the • • • • • • • • • • • to the client trust account specified to the Settling
17 Party by Avenatti despite their knowledge that the payment had been received . Defendants
18 concealed-and continue to conceal-the fact that the payment was made and Plaintiffs were
19 entitled to receive their funds . From the date the • • • • • • • settlement payment was
20 made on January 5, 2018, Defendants repeatedly concealed the fact that the payment was made
21 despite Plaintiffs repeated attempts and inquiries regarding the status of the payment.
22 102. Plaintiffs did not know that the Settling Party ever made payment and Defendants
23 made numerous oral and written misrepresentations that the settlement agreement called for
24 payment on March 10, 2018. Defendants continue to misrepresent that no payment was ever
25 made.
26 I 03. Defendants ' misrepresentations were knowingly false. Defendants intended to
27 deceive Plaintiffs by concealing the facts concerning the due date and fact of the settlement
28 payment with malicious intent to defraud and deceive Plaintiffs.

21
ST ATEME T OF CLAIMS
#:1629
104. At all times herein mentioned, Plaintiffs were unaware that the above-mentioned
2 misrepresentations were false. Had the material information been disclosed and had Plaintiffs
3 known that payment was made by the Settling Party, Plaintiff would have reasonably behaved
4 differently and would not have been forced to take advances from Defendants. Plaintiffs
5 reasonably relied on Defendants deception and misrepresentations.
6 105 . Accordingly, as a result of Defendants' intentional and fraudulent
7 misrepresentations of material facts , failure to disclose certain facts, and active concealment,
8 Plaintiffs have been damaged and suffered injury. Moreover, because Defendants acted
9 maliciously, fraudulently and oppressively within the meaning of those terms as set forth in
10 California Civil Code Section 3293 , Plaintiffs are entitled to recover punitive damages from
11 Defendants.
12 FIFTH CAUSE OF ACTION
13 Fraud & Deceit - False Promise
14 (On Behalf of Greg Barela Against Defendants Michael J. Avenatti,
15 Eagan Avenatti, LLP, and Avenatti & Associates)
17 this Complaint as though fully set forth therein.
18 107. Defendants A venatti and/or Eagan A venatti induced Mr. Barela to enter into an
19 engagement agreement wherein Mr. Barela agreed to Avenatti and Egan Avenatti ' s legal
20 representation of Mr. Barela' s interests. (Ex. 1.) Avenatti and Eagan Avenatti were retained as
21 counsel for Mr. Barela under the impression that they would act with candor and honesty and
22 immediately make available any funds to which Mr. Barela was entitled. Mr. Barela would not
23 have entered into such agreement had he known that Avenatti and/or Eagan Avenatti did not
24 intend to perform this promise when it was made.
25 108. Defendants A venatti and Eagan A venatti made a promise that they would pay to
26 Mr. Barela his portion of any funds received on his behalf in connection with his representation of
27 Mr. Barela. Defendants Avenatti and Eagan Avenatti also promised that they would inform Mr.
28 Barela of any funds received on his behalf from the Settling Party.
22
ST ATEMENT OF CLAIMS
#:1630
I 09. However, on information and belief, Defendants did not intend to perform this
2 promise when it was made. Instead , Defendants intended to use any such money for their own
3 personal use and gain.
4 110. This false promise regarding payment to Mr. Barela for any favorable judgment
5 was material to Mr. Barela. Moreover, Mr. Barela relied on this promise in engaging Defendants
6 to represent him in the dispute with the Settling Party.
7 111. Defendants have failed to perform this promise and instead have continually
8 concealed the payment from the Settling Party since it was received by them in
9 January 2018. Defendants have failed to make Mr. Barela' s portion of the settlement payment
10 funds available to him.
11 112. Accordingly, as a result of Defendants ' intentional and fraudulent
12 misrepresentations and false promises, failure to disclose certain facts, and active concealment,
13 Plaintiffs have been damaged and suffered injury. Moreover, because Defendants acted
14 maliciously, fraudulently and oppressively within the meaning of those terms as set forth in
15 California Civil Code Section 3293 , Plaintiffs are entitled to recover punitive damages from
16 Defendants.
17 SIXTH CAUSE OF ACTION
18 Conversion
22 114. Pursuant to the terms of the settlement agreement, Plaintiffs were to be paid -
23 • • from the Settling Party by· · · · ·· (Ex. 2.)
24 115. Defendants substantially interfered with Plaintiffs ' property by knowingly or
25 intentionally preventing Plaintiffs from having access to their portion of the · · · · that was
26 transferred to Defendants' client trust account on January 5, 2018. Defendants knowingly failed
27 to inform Mr. Barela of his settlement payment and instead took steps to actively conceal that the
28 money had been received. Moreover, on numerous occasions, Defendants misrepresented that
23
STATEMENT OF CLAIMS
#:1631
#:1632
121. A valid contractual agreement existed between Plaintiff and Defendants since
2 Plaintiff retained Defendants as counsel.
3 122. Plaintiff has performed all conditions required to be performed in accordance with
4 the terms and conditions of the contract.
5 123 . As detailed in the previous paragraphs of this Complaint, commencing on or about
6 December 28, 2017, Defendants and each of them have breached the terms of the engagement
7 agreement by, among other things, falsifying the dates the settlement payments were due, failing
8 to notify Plaintiffs of the receipt of settlement funds , misappropriating Plaintiffs ' settlement
9 funds , making untruthful representations to Plaintiff, and failing to inform and timely respond to
10 Plaintiffs communications.
11 124. As a direct and proximate result of Defendants ' conduct, Plaintiffs were harmed by
12 Defendants' breach.
13 EIGHTH CAUSE OF ACTION
14 Unfair Business Practices Under Business and Professions Code Section 17200, et seq.
16 125. Plaintiffs re-allege and incorporate each allegation in Paragraphs l through 124 of
18 126. Plaintiffs allege that Defendants in doing the acts alleged hereinabove have
19 engaged in unfair and or unlawful business practices-including but not limited to the fraudulent
20 conduct and conversion detailed in the above paragraphs of this Complaint-and have thereby
21 acquired money or property rightfully belonging to Plaintiffs by engaging in such unfair business
22 practices, thereby inducing and causing Plaintiffs to suffer " injury in fact" and to lose money or
23 property as a result of such unfair acts, in violation of the Act, including but not limited to ,
24 Business & Professions Code section 17200.
25 127. As a direct and proximate result of the above-referenced acts of Defendants,
26 Plaintiffs have sustained "injury in fact" and lost money or property as a result of such unfair acts
27 and is therefore entitled to restitution of money lost as well as equitable relief in the fore of an
28 order requiring Defendants, to show cause, why they should not be enjoined from continuing their
25
ST ATEMENT OF CLAIMS
#:1633
unlawful business practices during the pendency of this action, and for a temporary restraining
2 order, a preliminary injunction, and a permanent injunction, all enjoining defendants from
3 engaging in the unlawful business practices described herein.
4 NINTH CAUSE OF ACTION
5 Professional Negligence
6 (On Behalf of Greg Barela Against Michael Avenatti,
7 Eagan Avenatti, LLP, and Avenatti & Associates)
8 128. Plaintiffs re-allege and incorporate each allegation in Paragraphs l through 127 of
10 129. Defendants have failed to provide competent representation on behalf of Mr.
11 Barela. As Mr. Barela' s attorney representatives in his dispute with the Settling Party,
12 Defendants owed a duty to Mr. Barela to use such skill and prudence as members of the
13 profession commonly possess.
14 130. Throughout the course of their dealings with Mr. Barela, Defendants held
15 themselves out as skilled attorneys, having superior knowledge regarding their ability to
16 successfully recover payment from the Settling Party. Defendants intended that Plaintiff rely, and
17 Plaintiff did rely, on Defendants alleged expertise and advice in connection with the
18 representation of Mr. Barela.
19 131. Defendants, in the course of their representation of Mr. Barela, breached their
20 duty, among other things, by misappropriating client funds , making numerous misrepresentations
21 regarding the status of the funds, making numerous misrepresentations to Mr. Barela regarding
22 the date of the payment under the terms of the settlement agreement, failing to timely respond to
23 Mr. Barela, and misrepresenting to Mr. Barela the status of the settlement payment.
24 132. On information and belief, Defendants A venatti and Eagan Avenatti failed to
25 adequately represent Plaintiff when negotiating the terms of the settlement agreement with the
26 Settling Party. Plaintiff believes and alleges that the settlement terms should have been of a
27 significantly greater value , but in order to obtain easy access to and misappropriate Plaintiffs
28 settlement funds , Defendants A venatti and Eagan A venatti persuaded Mr. Barela to settle for a
26
STATEMENT OF CLAIMS
#:1634
lesser amount. On information and belief, Defendants Avenatti and Eagan Avenatti did not
2 represent Plaintiff with the skill and prudence as members of the profession commonly possess.
3 133. Plaintiff is informed and believes, and on that basis alleges, that Defendants
4 Avenatti and Eagan Avenatti failed to use the skill and care that a reasonably careful attorney
5 would have used in similar circumstances.
6 134. As a direct and proximate cause of Defendants Avenatti and Eagan Avenatti' s
7 negligence, Plaintiff has suffered damages.
8 TENTH CAUSE OF ACTION
9 Accounting
1O (On Behalf of Plaintiffs Against All Defendants)
11 135. Plaintiffs re-allege and incorporate each a llegation in Paragraphs 1 through 134 of
12 this Complaint as though full y set forth herein.
13 136. As attorneys, Defendants represented Mr. Barela and owed him a fiduciary duty.
14 137. As described above, Mr. Barela is entitled to money that was received by
15 Defendants on January 5, 2018 relating to the Settling Party's payment under the terms of the
16 settlement agreement. Mr. Barela has not received from or been made aware of the monies
17 received by Defendants. However, the Settling Party has provided Mr. Barela with confirmation
18 that on January 5, 2018, the was transferred via wire to
19 Defendants' client trust account as specified by Avenatti on January 2, 2018.
20 138. Accordingly, a balance due from the Defendants to the Plaintiffs can only be
21 ascertained by an accounting.
22
23
24
25
26
27
28
27
STATEMENT OF CLAIMS
#:1635
PRAYER FOR RELIEF
2 WHEREFORE, Plaintiffs pray for judgment and relief as follows:
4- .
3
5
1.
2.
For compensatory damages of an amount to be proven at trial, but exceeding
For general damages according to be proven at trial ;
6 3. For actual and/or special damages to be proven at trial;
7 4. For restitution of money lost;
8 5. For punitive and exemplary damages against Defendants in an amount to be
9 determined at trial;
10 6. For costs of suit, reasonable attorneys ' fees as allowed by law, costs, expenses to
11 Plaintiffs, and interest in an amount to be proven at trial;
12 7. For pre-judgment and post-judgment interest;
13 8. For a temporary restraining order, a preliminary injunction, and a permanent
14 injunction, all enjoining defendants from engaging in the unlawful business practices described
15 herein ;
16 9. Such other and further relief as the Arbitrator shall find just and proper.
17
18 Dated: January 14, 2019 LARSON O' BRIEN LLP

19
20 ~~~
By: _ _ _ _ _ _ _ _ _ __
21 Stephen G. Larson
Steven E. Bledsoe
22 R.C. Harlan
23
Attorneys for Plaintiffs
24 GREG BARELA and TALITHA BARELA
25
26
27
28
28
STATEME T OF CLAIMS
#:1636
Exhibit 49
#:1637
#:1638
Exhibit 50
2/12/2019 Case LASC - Filed
8:18-cv-01644-VAP-KES Document 51-5 Case Access
02/12/19 Page 51 of 133 Page ID
#:1639
PRINT
CASE INFORMATION
Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held
Case Number: BC590516

JENNIFER NADJAT-HAIEM VS MATTHEW JOSEPH ALHADEFF
Filing Courthouse: Stanley Mosk Courthouse
Filing Date: 08/10/2015

Case Type: Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
Status: Dismissed - Other 09/25/2017
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If this link fails, you may go to the Case Document Images site and search using the case number displayed on this page
FUTURE HEARINGS
None
PARTY INFORMATION
ALHADEFF MATTHEW - Defendant
ALHADEFF MATTHEW - Defendant
ALHADEFF MATTHEW JOSEPH - Defendant
EAGAN O'MALLEY & AVENATTI - Attorney for Plaintiff
EAGAN O'MALLEY & AVENATTI - Attorney for Plaintiff
KULUVA ARMIJO & GARCIA - Attorney for Defendant
KULUVA ARMIJO & GARCIA - Attorney for Defendant
LEWIS BRISBOIS BISGAARD & SMITH LLP - Attorney for Defendant
LEWIS BRISBOIS BISGAARD & SMITH LLP - Attorney for Defendant
MARCHINO FILIPPO - Attorney for Plaintiff
MARCHINO FILIPPO - Attorney for Plaintiff
NADJAT-HAIEM JENNIFER - Plaintiff
NADJAT-HAIEM JENNIFER - Plaintiff
TYSON & MENDES AND BRAGG & KULUVA - Attorney for Defendant
TYSON ROBERT F. - Attorney for Defendant
TYSON ROBERT F. - Attorney for Defendant
https://www.lacourt.org/casesummary/ui/OSCasesummary.aspx#ROA 1/45
2/12/2019 Case
8:18-cv-01644-VAP-KES Document 51-5 LASC - Filed
Case Access
02/12/19 Page 52 of 133 Page ID
TYSON ROBERT F. JR. ESQ. - Attorney for Defendant #:1640
Documents Filed
Documents Filed (Filing dates listed in descending order)
Click on any of the below link(s) to see Register of Action Items on or before the date indicated:
08/02/2017 05/11/2017 02/16/2017 11/09/2016
09/28/2017 Notice of Ruling

Filed by Defendant
09/28/2017 Notice of Ruling (AND OSC RE DISMISSAL )

Filed by Attorney for Defendant
09/25/2017 Request for Dismissal

Filed by JENNIFER NADJAT-HAIEM (Plaintiff)
09/25/2017 Request for Dismissal (WITH PREJUDICE AS TO ENTIRE ACTION OF ALL PARTIES AND ALL CAUSES OF
ACTION )
Filed by Attorney for Plaintiff
09/20/2017 Stipulation and Order

Filed by MATTHEW ALHADEFF (Defendant)
09/20/2017 Stipulation and Order (STIPULATION TO TAKE MSC AND OSC RE: CONTEMPT AND SANCTIONS OFF
CALENDAR PENDING FINAL SETTLEMENT AND ORDER, IS SIGNED AND FILED THIS DATE. )
09/15/2017 Notice
09/15/2017 Notice (OF WITHDRAWAL AND TAKING OFF CALENDAR DEFENDANT'S NOTICE OF MOTION TO COMPEL
FURTHER RESPONSES TO DEFENDANT'S REQUESTS FOR PRODUCTION OF DOCUMENTS (SET TWO) AND FOR
MONETARY SANCIONS)
09/14/2017 Notice
09/14/2017 Notice (OF TAKING MOTIONS OFF CALENDAR WITHOUT PREJUDICE )

09/11/2017 Declaration
09/11/2017 Opposition
09/11/2017 Response
02/12/19 Page 53 of 133 Page ID
09/11/2017 Opposition #:1641
Filed by ROBERT F. TYSON (Attorney)
09/11/2017 Declaration (SUPPLEMENTAL OMNIBUS DECLARATION OF AHMED IBRAHIM IN SUPPORT OF

PLAINTIFF'S OPPOSITIONS TO DEFENDANT MOTIONS IN LIMINE NOS. 1-8 )
09/11/2017 Opposition (TO DEFENDANT'S MOTION IN LIMINE NO.8 TO EXCLUDE EVIDENCE OF ANY PRIOR
ARRESTS OR CONVICTIONS )
09/11/2017 Response (TO DEFENDANT'S MOTION IN LIMINE NO.7 TO PRECLUDE THE ADMISSION OF EVIDENCE OF
PROFITS OR FINANCIAL CONDITION UNLESS AND UNTIL THE TRIER OF FACT MAKES A FINDING OF MALICE,
OPPRESSION, OR FRAUD)
09/11/2017 Opposition (TO DEFENDANT'S MOTION IN LIMINE NO.6 TO PRECLUDE PLAINTIFF FROM MENTIONING
ANY ACTUAL OR POTENTIAL DOLLAR AMOUNT OF DAMAGES IN THIS OR ANY OTHER HYPOTHETICAL CASE
TO THE JURY DURING VOIR DIRE)
09/11/2017 Opposition (TO DEFENDANT'S MOTION IN LIMINE NO.5 TO EXCLUDE EVIDENCE OR ARGUMENT THAT
DEFENDANT EXERCISED HIS FIFTH AMENDMENT RIGHT AGAINST SELF-INCRIMINATION )
09/11/2017 Opposition (TO DEFENDANT'S MOTION IN LIMINE NO.4 TO EXCLUDE EVIDENCE OR ARGUMENT
CONCERNING POST-ACCIDENT TEXT MESSAGES FROM DEFENDANT )
CONCERNING DEFENDANT'S MEDICAL RECORDS )
09/11/2017 Opposition (TO DEFENDANT'S MOTION IN LIMINE NO.2 TO EXCLUDE EVIDENCE OF MEDICAL EXPENSES
IN EXCESS OF THE LESSER OF AMOUNTS ACTUALLY PAID OR ACCEPTED AS PAID, OR THE REASONABLE VALUE
OF SERVICES PROVI)
09/11/2017 Opposition (TO DEFENDANT'S MOTION IN LIMINE NO.1 TO EXCLUDE "GOLDEN RULE" AND "REPTILE
THEORY" ARGUMENTS AT TRIAL )
09/11/2017 Opposition (TO MOTION IN LIMINE NO.5 TO PRECLUDE DUPLICATIVE EXPERT OPINIONS )
2/12/2019 Case 8:18-cv-01644-VAP-KES Document 51-5 LASC - Filed
Case Access
02/12/19 Page 54 of 133 Page ID
09/11/2017 Opposition (TO MOTION IN LIMINE NO.4 TO PRECLUDE EVIDENCE REGARDING DEFENDANT'S INJURIES
#:1642
)
09/11/2017 Opposition (TO MOTION IN LIMINE NO.3 TO PRECLUDE EVIDENCE REGARDING PLAINTIFF'S RECEIPT OF
COLLATERAL SOURCE BENEFITS )
09/11/2017 Opposition (TO MOTION IN LIMINE NO.2 TO PRECLUDE EVIDENCE REGARDING DEFENDANT'S
INABILITY TO PAY PUNITIVE DAMAGES OR THE ABSENCE OF EVIDENCE OF DEFENDANT'S FINANCIAL
CONDITION)
09/11/2017 Opposition (TO MOTION IN LIMINE NO.1 TO PRECLUDE EVIDENCE REGARDING PLAINTIFF'S WEALTH
OR FINANCIAL RESOURCES )
09/11/2017 Opposition (TO MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES SET TWO )
09/11/2017 Opposition (TO MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF
DOCUMENTS SET THREE )
09/01/2017 Proof of Service (not Summons and Complaint)

09/01/2017 Proof of Service

08/31/2017 Amended Proof of Service


08/30/2017 Motion in Limine










02/12/19 Page 55 of 133 Page ID
08/30/2017 Motion in Limine #:1643


08/30/2017 Motion in Limine (NO.8 TO EXCLUDE EVIDENCE OF ANY PRIOR ARRESTS OR CONVICTIONS;
DECLARATION OF KARA PAPE )
08/30/2017 Motion in Limine (NO.7 TO PRECLUDE THE ADMISSION OF EVIDENCE OF PROFITS OR FINANCIAL
CONDITION UNLESS AND UNTIL THE TRIER OF FACT MAKES A FINDING OF MALICE, OPPRESSION, OR FRAUD )
08/30/2017 Motion in Limine (NO.6 TO PRECLUDE PLAINTIFF FROM MENTIONING ANY ACTUAL OR POTENTIAL
DOLLAR AMOUNT OF DAMAGES IN THIS OR ANY OTHER HYPOTHETICAL CASE TO THE JURY DURING VOIR
DIRE; DECLARATION OF KARA PAPE)
08/30/2017 Motion in Limine (NO.5 TO EXCLUDE EVIDENCE OR ARGUMENT THAT DEFENDANT EXERCISED HIS
FIFTH AMENDMENT RIGHT AGAINST SELF-INCRIMINATION; DECLARATION OF KARA PAPE )
08/30/2017 Motion in Limine (NO.4 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING POST-ACCIDENT TEXT
MESSAGES FROM DEFENDANT; DECLARATION OF KARA PAPE )
08/30/2017 Motion in Limine (NO.3 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING DEFENDANT'S MEDICAL
RECORDS; DECLARATION OF KARA PAPE )
08/30/2017 Motion in Limine (NO.2 TO EXCLUDE EVIDENCE OF MEDICAL EXPENSES IN EXCESS OF THE LESSER OF
AMOUNTS ACTUALLY PAID OR ACCEPTED AS PAID, OR THE REASONABLE VALUE OF SERVICES PROVIDED;
DECLARATION OF KARA PAPE)
08/30/2017 Motion in Limine (NO.1 TO EXCLUDE "GOLDEN RULE" AND "REPTILE THEORY" ARGUMENTS AT TRIAL;
08/30/2017 Declaration (OMNIBUS DECLARATION OF AHMED IBRAHIM IN SUPPORT OF PLAINTIFF'S MOTIONS IN

LIMINE NOS. 1-5 )
08/30/2017 Motion in Limine (NO.5 TO PRECLUDE DEFENDANT FROM OFFERING DUPLICATIVE EXPERT OPINIONS )
08/30/2017 Motion in Limine (NO.4 TO PRECLUDE DEFENDANT FROM OFFERING ANY EVIDENCE REGARDING
DEFENDANT'S INJURIES )
08/30/2017 Motion in Limine (NO.3 TO PRECLUDE DEFENDANT FROM OFFERING ANY EVIDENCE OR ARGUMENT
ABOUT PLAINTIFF'S RECEIPT OF COLLATERAL SOURCE BENEFITS )
REGARDING DEFENDANT'S ALLEGED INABILITY TO PAY ANY PUNITIVE DAMAGES AWARD OR THE ABSENCE OF
EVIDENCE OF DEFENDANT'S FINANCIAL)
PLAINTIFF'S OR PLAINTIFF'S FAMILY WEALTH AND/OR FINANCIAL RESOURCES )
02/12/19 Page 56 of 133 Page ID
08/29/2017 Notice of Ruling #:1644

08/28/2017 Ex-Parte Application

08/28/2017 Stipulation and Order to use Certified Shorthand Reporter


08/28/2017 Stip & Order-use CSR (BRITTANY KEPLER #13970 )

08/22/2017 Notice Re: Continuance of Hearing and Order

Filed by Plaintiff
08/22/2017 Notice of Continuance (NOTICE OF CONTINUANCE OF ORDER TO SHOW CAUSE RE CONTEMPT AND
SANCTIONS AND MSC TO 9/21/17 )

08/21/2017 Ex-Parte Application (DEFENDANT, MATTHEW ALHADEFF'S EX PARTE APPLICATION RE MOTION TO

QUASH OR RECALL BENCH WARRANT )
08/18/2017 Opposition (DEFENDANT MATTHEW JOSEPH ALHADEFF'S OPPOSITION TO PLAINTIFF'S BRIEF

REGARDING THE IMPOSITION OF SANCTIONS - ON: 8/25/17 AT 9:30 AM IN DEPARTMENT WE-R.)
08/17/2017 Statement - General

08/17/2017 Notice of Motion



08/17/2017 Statement - General (SEPARATE STATEMENT OF DISPUTED ITEMS ON MOTION TO COMPEL FURTHER
RESPONSES FROM DEFENDANT MATTHEW JOSEPH ALHADEFF TO REQUEST FOR PRODUCTION (SET THREE)
AND FOR MONETARY SANCTIONS IN THE AMOUNT)
08/17/2017 Notice of Motion (AND MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANT MATTHEW
JOSEPH ALHADEFF TO REQUEST FOR PRODUCTION (SET THREE) AND FOR MONETARY SANCTIONS IN THE
AMOUNT OF $3,260 AGAINST DEFENDANT)
REPSONSES FROM DEFENDANT MATTHEW JOSEPH ALHADEFF TO SPECIAL INTERROGATORIES (SET TWO) AND
FOR MONETARY SANCTIONS IN THE AMOUNT)
08/17/2017 Notice of Motion (AND MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANT MATTHEW JOSEP
ALHADEFF TO SPECIAL INTERROGATORIES (SET TWO) AND FOR MONETARY SANCTIONS IN THE AMOUNT OF
02/12/19 Page 57 of 133 Page ID
$5,260 AGAINST DEFENDANT) #:1645
08/14/2017 Notice
08/14/2017 Notice (NOTICE OF WITHDRAWAL AND TAKING OFF CALENDAR PLTFS MOTION TO QUASH
DEPOSITION SUBPOENAS )
08/11/2017 Brief (name extension)

08/11/2017 Brief (PLAINTIFF'S BRIEF REGARDING THE INPOSITION OF SANCTIONS AGAINST DEFENDANT
MATTHEW JOSEPH ALHADEFF - SEEKING MONETARY AND TERMINATING SANCTIONS; DECLARATION OF
DAMON ROGERS - 8/25/17 9:30 AM DEPT "R".)
08/08/2017 Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
08/08/2017 Ord-Appt Apprv Rptr as Rptr protem (NAREN JOHNSON #3827 )



08/04/2017 Order
08/04/2017 Order (ORDER APPOINTING COURT APPROVED REPORTER: DANA SHELLEY, CSR #10177 AS OFFICIAL
REPORTER PRO TEMPORE, IS SIGNED AND FILED THIS DATE. )
TOP 08/02/2017 05/11/2017 02/16/2017 11/09/2016
08/02/2017 Miscellaneous-Other


08/02/2017 Miscellaneous-Other (SEPARATE STATEMENT )

08/02/2017 Notice of Motion (AND MOTION TO COMPEL )

08/02/2017 Brief (PLAINTIFF'S SUBMISSION IN ADVANCE OF THE ORDER TO SHOW CAUSE RE: CONTEMPT AND
SANCTIONS AGAINST DEFENDANT MATTHEW JOSEPH ALHADEFF; DECLARATION OF DAMON ROGERS - HRG:
8/4/17 AT 9:30 AM IN DEPT WE-R.)
08/01/2017 Reply to Opposition


Case Access
02/12/19 Page 58 of 133 Page ID
08/01/2017 Opposition (TO DEFENDANT'S MOTION FOR PROTECTIVE
#:1646 ORDER AND REQUEST FOR SANCTIONS
AGAINST PLAINTIFFS COUNSEL IN THE AMOUNT OF $2,260. )
08/01/2017 Reply to Opposition (TO DEFENDANT'S MOTION FOR RELIEF UNDEER CCP 473(B) )
08/01/2017 Reply to Opposition (TO DEFENDANT'S MOTION FOR ORDER REQUIRING PLAINTIFF AND HER COUNSEL
TO RETURN MEDICAL RECORDS RECEIVED FROM CEDARS SINAI MEDICAL CENTER; )
07/26/2017 Answer to First Amended Complaint

07/26/2017 Opposition (TO MOTION FOR ORDER )

07/26/2017 Opposition (TO MOTION FOR RELIEF )

07/26/2017 Answer to First Amended Complaint (BEHALF OF: MATTHEW JOSEPH ALHADEFF )
Filed by Defendant





07/21/2017 Stip & Order-use CSR (DAYNA HESTER #9970 )


Filed by Clerk
07/20/2017 NOTICE OF CONTINUANCE

Filed by Clerk

Case Access
02/12/19 Page 59 of 133 Page ID
07/19/2017 Notice of Motion (AND MOTION FOR PROTECTIVE#:1647
ORDER; REQUEST FOR SANCTIONS AGAINST
PLAINTIFF'S COUNSEL IN THE AMOUNT OF $2,260; MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATION OF CHRISTINA Y. MOROVATI; (PROPOSED))
07/17/2017 Association of Attorney

07/17/2017 Notice of Association of Attorneys



07/14/2017 Notice of Motion (AND MOTION FOR RELIEF UNDER CODE OF CIVIL PROCEDURE 473 (B) FOR AUGUST 8,
2017; DECLARATION OF CHRISTINA Y. MOROVATI; DECLARATION OF ROBERT F. TYSON, JR (PROPOSED) ORDER)
07/14/2017 Notice of Motion (AND MOTION FOR ORDER REQUIRING PLAINTIFF AND HER COUNSEL TO RETURN ALL
COPIES OF DEFENDANT'S MEDICAL RECORDS RECEIVED FROM CEDARS SINAI MEDICAL CENTER;
MEMORANDUM OF POINTS AND AUTHORITI)



06/30/2017 Ord-Appt Apprv Rptr as Rptr protem (CYNTHIA LAMB #8349 )

06/30/2017 Stipulation and Order (STIPULATION AND ORDER TO USE CERTIFIED SHORTHAND REPORTER: AMANDA
R. TEIDEL, CSR #13129, IS SIGNED AND FILED THIS DATE. )
06/29/2017 Response
06/29/2017 Response (PLAINTIFF'S RESPONSE TO DEFENDANT'S OPPOSITION TO ORDER TO SHOW CAUSE;

DECLARATION OF DAMON ROGERS - 6/30/17 AT 9:30 AM IN DEPARTMENT WE-R.)
06/28/2017 Opposition (OPPOSITION TO ORDER TO SHOW CAUSE )

06/28/2017 Declaration (DECLARATION OF CHRISTINA Y. MOROVATI RE: ORDER TO SHOW CAUSE RE: SANCTIONS
AND CONTEMPT AGAINST MATTHEW JOSEPH ALHADEFF )
02/12/19 Page 60 of 133 Page ID
Filed by Attorney for Defendant #:1648
06/28/2017 Opposition (OPPOSITION TO ORDER TO SHOW CAUSE, IS FILED ON BEHALF OF DEFENDANT MATTHEW
ALHADEFF, BY SPECIALLY APPEARING ATTORNEY CHRISTINA Y. MOROVATI, IS FILED THIS DATE.)
06/28/2017 Declaration (DECLARATION OF CRISTINA Y. MOROVATI RE: ORDER TO SHOW CAUSE RE: SANCTIONS
AND CONTEMPT AGAINST MATTHEW JOSEPH ALHADEFF, IS FILED THIS DATE.)
06/23/2017 Notice of Lodging




06/23/2017 Opposition (SUPPLEMENTAL OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AFTER
CONDUCTING DEPOSITION OF EZRI NAMVAR; DECLARATION )
06/23/2017 Reply to Opposition (TO MOTION FOR PROTECTIVE ORDER TERMINATING DEFENDANT'S DEPOSITION OR
IN THE ALTERNATIVE FOR APPOINTMENT OF DISCOVERY REFEREE; REQUEST FOR SANCTIONS AGAINST
MICHAEL J. AVENATTI AND THE FIRM)
06/23/2017 Reply to Opposition (FOR ORDER TO STAY ENTIRE ACTION UNTIL MAY 19, 2018 TO ALLOW DEFENDANT'S
FIFTH AMENDMENT RIGHTS TO BE PRESERVED )
06/23/2017 Reply to Opposition (TO MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT )
06/23/2017 Notice of Lodging (CERTIFIED DEPOSITION TRANSCRIPT OF MATTHEW J. ALHADEFF: (1) IN SUPPORT OF
PLAINTIFF'S MOTION TO COMPEL DEFENDANT MATTHEW ALHADEFF TO COMPLY WITH COURT'S DECEMBER 30,
2016 ORDER, FOR AN ORDER)
06/19/2017 Opposition (TO DEFENDANT'S MOTION TO STAY ENTIRE ACTION UNTIL MAY 19, 2018; DECLARATION OF
DAMON ROGERS IN OPPOSITION )
06/19/2017 Opposition (TO DEFENDANT'S MOTION FOR PROTECTIVE ORDER TERMINATING DEFENDANT'S
DEPOSITION OR IN THE ALTERNATIVE FOR APPOINTMENT OF DISCOVERY REFEREE AND REQUEST FOR
SANCTIONS AGAINST MICHAEL J. AVENA)
06/19/2017 Opposition (TO DEFENDANT'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED
COMPLAINT; DECLARATION OF DAMON ROGERS IN OPPOSITION )
02/12/19 Page 61 of 133 Page ID
06/16/2017 Order to Show Cause #:1649
Filed by Court
06/16/2017 Order
06/16/2017 Order to Show Cause (ORDER TO SHOW CAUSE RE: SANCTIONS AND CONTEMPT AGAINST DEFENDANT
MATTHEW JOSEPH ALHADEFF, FOR DEFTS FTA AT MSC ON 6/16/17; A BENCH WARRANT IS ISSUED & HELD UNITL
6/30/17; BAIL SET: $150,000.00)
Filed by Court
06/16/2017 Order (ORDER APPOINTING COURT APPROVED REPORTER: NANCY K. BRINK, CSR #6501, AS OFFICIAL


06/01/2017 Order
06/01/2017 ExParte Application

06/01/2017 Order (ORDER APPOINTING COURT APPROVED REPORTER: JOSIANE B. GOLDMAN AS OFFICIAL
06/01/2017 ExParte Application (DEFT MATTHEW ALHADEFF'S EXPARTE APPLICATION FOR AN ORDER FOR RELIEF
FROM THE COURT'S ORDER REQUIRING DEFT TO BE PHYSICALLY PRESENT AT THE MSC ON 6/16/17; DECL OF
CHRISTINA Y. MOROVATI.)
05/26/2017 Notice of Trial

05/26/2017 Notice of Trial (PURSUANT TO SECTION 594 OF THE CODE OF CIVIL PROCEDURE )
05/24/2017 Objection Document Filed

05/24/2017 Objection Document Filed (TO NOTICE TO APPEAR AT TRIAL )



TOP 08/02/2017 05/11/2017 02/16/2017 11/09/2016



05/11/2017 Statement - General (SEPARATE STATEMENT OF ITEMS IN DISPUTE ON MOTION TO QUASH DEPOSITION
SUBPOENAS SEEKING PRODUCTION OF BUSINESS RECORDS FROM (1) LA FITNESS-WESTWOOD; (2) ART
02/12/19 Page 62 of 133 Page ID
INSTITUTE OF CALIFORNIA -) #:1650
05/11/2017 Notice of Motion (AND MOTION TO QUASH DEPOSITION SUBPOENAS SEEKING PRODUCTION OF
BUSINESS RECORDS FROM (1) LA FITNESS- WESTWOOD; (2) ART INSTITUTE OF CALIFORNIA- LOS ANGELES; (3)
SANTA MONICA COLL)


05/03/2017 Stip & Order-use CSR (AMANDA TEIDEL #13129 )

05/01/2017 Notice
05/01/2017 Notice (OF TAKING CERTAIN MOTIONS OFF CALENDAR WITHOUT PREJUDICE )
04/27/2017 Order-Protective
04/27/2017 Order-Protective (REGARDING CONFIDENTIAL AUDIOTAPE OF EXAMINATION; )


04/26/2017 Reply to Opposition (TO PLAINTIFF'S MOTION FOR FINANCIAL DISCOVERY TO SUPPORT PLAINTIFF'S
PUNITIVE DAMAGES CLAIM DECLARATION OF DAMON ROGERS IN OPPOSITION )
04/24/2017 Ord-Appt Apprv Rptr as Rptr protem (NANCY K. BRINK #6501 )

04/20/2017 Opposition (TO PLAINTIFF'S MOTION FOR FINANCIAL DISCOVERY TO SUPPORT PLAINTIFF'S PUNITIVE
DAMAGES CLAIM DECLARATION OF CHRISTINA Y. MOROVATI; (PROPOSED) ORDER )
04/18/2017 Ord-Appt Apprv Rptr as Rptr protem (JENNIFER SMITH #13577 )



04/17/2017 Reply to Opposition (TO DEFENDANT'S MOTION TO COMPEL PLAINTIFF'S COMPLIANCE WITH COURT
ORDERED MENTAL EXAMINATION WITH DR. KYLE BOONE AND REQUEST FOR SANCTIONS IN THE AMOUNT OF
$6,440.00)
02/12/19 Page 63 of 133 Page ID
04/11/2017 Declaration #:1651


04/11/2017 Declaration (OF BEAU LEBLANC )

04/11/2017 Notice of Motion (FOR FINANCIAL DISCOVERY )

04/11/2017 Opposition (TO MTN TO COMPEL )

04/11/2017 Reply to Opposition (TO MTN TO COMPEL )

04/05/2017 Response


04/05/2017 Response (TO SEPARATE STATEMENT OF DISPUTED ITEMS IN SUPPORT OF OPPOSITION TO MOTION TO
COMPEL DEFENDANT TO COMPLY WITH THE COURT'S DECEMBER 30, 2016 ORDER, FOR AN ORDER COMPELLING
DEFENDANT TO COMPLETE)
04/05/2017 Opposition (TO MOTION TO COMPEL DEFENDANT TO COMPLY WITH THE COURT'S DECEMBER 30, 2016
ORDER, FOR AND ORDER COMPELLING DEFENDANT TO COMPLETE HIS COURT-ORDERED DEPOSITION AND FOR
AN ORDER COMPELLING ANSWERS)
04/05/2017 Notice of Lodging (OF DEPOSITION TRANSCRIPT OF MATTHEW JOSEPH ALHADEFF IN SUPPORT OF
DEFENDANT, MATTHEW JOSEPH ALHADEFF'S OPPOSITION TO MOTION TO COMPEL DEFENDANT TO COMPLY
WITH THE COURT'S DECEMBER 30, 2016)
04/05/2017 Notice of Motion (AND MOTION FOR PROTECTIVE ORDER TERMINATING DEFENDANT'S DEPOSITION OR
IN THE ALTERNATIVE FOR APPOINTMENT OF A DISCOVERY REFEREE; REQUEST FOR SANCTIONS AGAINST
MICHAEL J. AVENATTI AND)
03/30/2017 Motion to Compel

03/30/2017 Amended Notice

03/30/2017 Motion to Compel (COMPLLIANCE WITH COURT ORDERED MENTAL EXAMINATION WITH DR. KYLE
BOONE )
03/30/2017 Amended Notice (RE MTN TO STRIKE )

02/12/19 Page 64 of 133 Page ID
03/24/2017 Statement - General #:1652

03/24/2017 Statement - General (SEPARATE STATEMENT OF DISPUTED ITEMS ON MOTION TO COMPEL DEFENDANT
MATTHEW ALHADEFF TO COMPLY WITH COURT'S DECEMBER 30, 2016 ORDER, FOR AN ORDER COMPELLING
03/24/2017 Notice of Motion (AND MOTION TO COMPEL DEFENDANT MATTHEW ALHADEFF TO COMPLY WITH THE
COURT'S DECEMBER 30, 2016 ORDER, FOR AN ORDER COMPELLING DEFENDANT TO COMPLETE HIS COURT-
ORDERED DEPOSITION AND FOR AN)
03/23/2017 Motion to Strike

03/23/2017 Motion to Strike (PORTIONS OF FIRST AMENDED COMPLAINT )


03/13/2017 Ord-Appt Apprv Rptr as Rptr protem (NANCY BRINK CSR 6501 )
03/13/2017 Opposition (TO DEFENDANT'S EX PARTE APPLIC,. )

03/13/2017 Ex-Parte Application (FOR AN ORDER TO COMPEL PLTF'S COMPLIANCE WITH COURT ORDERED MENTAL
EXAMINATION WITH DR. KYLE BOONE; MEMO OF POINTS AND AUTH.' DECL. OF CHRISTINA V. MOROVATI AND
DR. KYLY BOONE)


03/02/2017 First Amended Complaint

03/02/2017 First Amended Complaint (NO SUMMONS ISSUED )

03/01/2017 Order
03/01/2017 Order (ON PLAINTIFF'S MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT; )
03/01/2017 Ord-Appt Apprv Rptr as Rptr protem (WIL C. WILCOX #9178 )


02/12/19 Page 65 of 133 Page ID
02/24/2017 Ex-Parte Application #:1653

02/21/2017 Reply to Opposition (TO MTN FOR LEAVE TO FILE A FAC )

TOP 08/02/2017 05/11/2017 02/16/2017 11/09/2016

02/16/2017 Reply to Opposition (TO MTN TO COMPEL FURTHER RESPONSES )

02/15/2017 Opposition (TO DEFENDANT MATTHEW JOSEPH ALHADEFF'S MOTION TO COMPEL PLAINTIFF JENNIFER
NADJAT-HAIEM TO SUBMIT TO EXAMINATION WITH DR. KYLE BOONE, PH.D. AND REQUEST FOR SANCTIONS;
DECLARATION OF)
NADJAT-HAIEM'S ATTENDANCE AT DEPOSITION AND FOR MONETARY SANCTIONS; DECLARATION OF DAMON
ROGERS IN OPPOSITION)
02/14/2017 Opposition (TO MTN FOR LEAVE TO FILE FAC )



02/10/2017 Motion to Compel (FURTHER RESPONSES )

02/10/2017 Statement - General (SEPARATE STATEMENT OF DISPUTED ITEMS )


02/09/2017 Separate Statement of Und. Facts

02/09/2017 Motion to Compel (RESPONSES TO REQUESTS FOR PROD. SET TWO AND FOR SANCTIONS )



02/12/19 Page 66 of 133 Page ID
02/02/2017 Notice of Motion #:1654
02/02/2017 Notice of Motion (AND MOTION TO COMPEL PLAINTIFF JENNIFER NADJAT-HAIEM'S ATTENDANCE AT
DEPOSITION AND FOR MONETARY SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION
OF CHRISTINA Y. MOROVATI; PP ORDER)
02/02/2017 Notice of Motion (AND MOTION TO COMPEL PLAINTIFF JENNIFER NADJAT-HAIEM TO SUBMIT TO
EXAMINATION WITH DR. KYLE BOONE, PH.D AND REQUEST FOR SANCTIONS; MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF;)
02/02/2017 Notice of Motion (AND MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT; MEMORANDUM OF
POINTS AND AUTHORITIES; DECLARATION OF DAMON ROGERS )

01/31/2017 Amended Notice (2ND AMENDED NTC RE MTN TO COMPEL )

01/18/2017 Notice
01/18/2017 Notice (NOTICE TO DEFENDANT MATTHEW JOSEPH ALHADEFF TO APPEAR AT TRIAL 9-25-17 9:00 AM
DEPT M )


12/30/2016 Ord-Appt Apprv Rptr as Rptr protem (CHERI BULLOCK #4714 )


12/21/2016 Reply to Opposition (TO MTN FOR PROTECTIVE ORDER )



12/13/2016 Ord-Appt Apprv Rptr as Rptr protem (JENNY ROSENSTEIN #3160 )


02/12/19 Page 67 of 133 Page ID
12/08/2016 NOTICE OF CONTINUANCE #:1655
12/06/2016 Reply
12/06/2016 Reply (IN SUPPORT OF MOTION TO COMPEL PLAINTIFF JENNIFER NADJATHAIEM TO SUBMIT TO
INDEPENDENT MEDICAL EXAMINATIONS )

11/28/2016 Case Management Statement


11/28/2016 Statement-Case Management




11/22/2016 Amended Notice (OF MOTION REGARDING PLAINTIFF JENNIFER NADJAT-HAIEM'S MOTION TO COMPEL
DEFENDANT MATTHEW JOSEPH ALHADEFF TO PROVIDE FURTHER RESPONSES TO PLAINTIFF'S FORM
INTERROGATORIES (SET ONE) AND SANC)
FURTHER RESPONSES FROM DEFENDANT MATTHEW JOSEPH ALHADEFF TO PLAINTIFF'S REQUEST FOR
PRODUCTION (SET ONE) AND FOR SANCT)
11/18/2016 Notice


11/18/2016 Notice (NOTICE OF RESCHEDULING HEARING OF MOTION FOR PROTECTIVE ORDER 4-14-17 9:00 AM
DEPT M )




Case Access
02/12/19 Page 68 of 133 Page ID
11/15/2016 Motion to Compel (PLAINTIFF JENNIFER NADJAT-HAIEM
#:1656TO SUBMIT TO MULTIPLE INDEPENDENT
MEDICAL EXAMINATIONS INCLUDING A NEUROLOFY EXAMINATION AND A NEUROPHYCHOLOGICAL
EXAMINATION; )

TOP 08/02/2017 05/11/2017 02/16/2017 11/09/2016
11/09/2016 Notice
Filed by Clerk
11/09/2016 Notice
Filed by Clerk
11/09/2016 Notice (NOTICE OF TRANSFER OF ACTION )

Filed by Clerk
10/05/2016 ORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT

CALENDAR (IC) COURT
10/05/2016 NOTICE OF RULING ON PLAINTIFF'S MOTION TO COMPEL DEFENDANT MATTHEW JOSEPH ALHADEFF
TO COMPLY WITH DEPOSITION NOTICE AND FOR SANCTIONS AGAINST DEFENDANT MATTHEW JOSEPH
ALHADEFF IN THE AMOUNT OF $3260
10/05/2016 Minute Order

Filed by Plaintiff/Petitioner
10/05/2016 Order
Filed by Court
10/03/2016 PLAINTIFF'S EVIDENTIARY OBJECTIONS TO THE DECLARATION OF CHRISTINE V. MOROVATI

ATTACHED TO DEFENDANT'S MOTION FOR PROTECTIVE ORDER
10/03/2016 PLAINTIFF'S OPPOSITION TO DEFENDANT MATTHEW JOSEPH ALHADEFF'S MOTION FOR PROTECTIVE
ORDER; DECLARATION OF DAMON ROGERS IN OPPOSITION
10/03/2016 Opposition Document

10/03/2016 Objection
09/28/2016 PLAINTIFF'S REPLY TO DEFENDANT MATTHEW JOSEPH ALHADEFF'S OPPOSITION TO PLAINTIFF'S

MOTION TO COMPEL DEFENDANT TO COMPLY WITH DEPOSITION NOTICE AND FOR SANCTIONS AGAINST
DEFENDANT IN THE AMOUNT OF $3,260

09/22/2016 OPPOSITION TO PLAINTIFF, JENNIFER NADJAT-HAIEM'S, MOTION TO COMPEL THE DEPOSITION OF

DEFENDANT, MATTHEW ALHADEFF; ETC.

Filed by Matthew Joseph Alhadeff (Defendant)
09/19/2016 Informal Discovery Conference Form for Personal Injury Courts

09/12/2016 NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER;ETC.

Case Access
02/12/19 Page 69 of 133 Page ID
09/07/2016 NOTICE OF MOTION AND MOTION TO COMPEL #:1657
DEFENDANT MATTHEW JOSEPH ALHADEFF TO
COMPLY WITH DEPOSITION NOTICE AND ETC.

08/31/2016 Statement of Facts


Filed by Michael J. Esq. Avenatti (Attorney)


08/31/2016 PLAINTIFF JENNIFER NADJAT-HAIEM'S SEPARATE STATEMENT OF DISPUTED ITEMS ON MOTION TO

COMPEL DEFENDANT ETC.
08/31/2016 PLAINTIFF JENNIFER NADJATHAJEM'S NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT
MATTHEW JOSEPH ALHADEFF TO PROVIDE FURTHER RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES
(SET ONE) AND FOR SANCTIONS IN THE AMOUNT OF $4,660.00 AGAINST DEFENDANT MATTHEW JOSE
08/31/2016 PLAINTIFF JENNIFER NADJATHAIEM'S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER
RESPONSES FROM DEFENDANT MATTHEW JOSEPH ALHADEFF TO PLAINTIFF'S REQUESTS FOR PRODUCTION
(SET ONE) AND FOR SANCTIONS IN THE AMOUNT OF $3.260.OO AGAINST DEFENDANT MATTHEW JOSEPH
08/31/2016 PLAINTIFF JENNIFER NADJATHAIEM'S SEPARATE STATEMENT OF DISPUTED ITEMS ON MOTION TO

COMPEL FURTHER RESPONSES FROM DEFENDANT MATTHEW JOSEPH ALHADEFF TO REQUESTS FOR
PRODUCTION (SET ONE) AND FOR SANCTIONS IN THE AMOUNT OF $3,260.00 AGAINST DEFENDANT MATTHEW
08/31/2016 NOTICE OF ASSOCIATION OF COUNSEL
08/19/2016 INFORMAL DISCOVERY CONFERENCE FORM FOR PERSONAL INJURY COURTS (DEPARTMENT 91, 92, 93,
97)
08/16/2016 Substitution of Attorney

08/16/2016 SUBSTITUTION OF ATTORNEY
04/28/2016 Answer
04/28/2016 DEFENDANT MATTHEW ALHADEFF'S ANSWER TO COMPLAINT
04/15/2016 Receipt
04/15/2016 CIVIL DEPOSIT
04/13/2016 Notice
04/11/2016 NOTICE OF ACKNOWLEDGEMENT OF RECEIPT - CIVIL
01/20/2016 Motion
01/20/2016 Motion (FOR PROTECTIVE ORDER )

12/09/2015 NOTICE OF REJECTION APPLICATION AND ORDER FOR PUBLICATION
12/04/2015 APPLICATION FOR PUBLICATION
12/04/2015 Application for Order to Publish

02/12/19 Page 70 of 133 Page ID
08/10/2015 SUMMONS #:1658
08/10/2015 Complaint
08/10/2015 COMPLAINT FOR DAMAGES: I. NEGLIGENCE
08/10/2015 Complaint Filed
TOP 08/02/2017 05/11/2017 02/16/2017 11/09/2016
Proceedings Held
Proceedings Held (Proceeding dates listed in descending order)
06/30/2017 11/18/2016
08/10/2018 at 08:30 AM in Department 97

(OSC RE Dismissal; Transferred to different departmnt) -
07/27/2018 at 09:00 AM in Department M

Unknown Event Type - Not Held - Advanced and Vacated





(Motion to Compel; Advanced to this date & continued) -


Jury Trial - Not Held - Advanced and Vacated
09/25/2017 at 09:00 am in Department WEM, Mitchell L. Beckloff, Presiding

Jury Trial (5 DAYS) - Advanced to this date & Vacated

Final Status Conference (Final Status Conference; Settled) -

Final Status Conference (JT 9/25/17COURT DARK ON 9/15/17) - Settled
09/21/2017 at 09:00 AM in Department R

(Order to Show Cause Re Contemp; Advanced to this date, o/c settled) -
09/21/2017 at 09:00 am in Department WER, Lawrence Cho, Presiding

Order to Show Cause Re Contemp (OSC RE: CONTEMPT AND SANCTIONSAGAINST DEFT MATTHEW J.
ALHADEFF;AND MSC - THIS HEARING ADVANCED &VACATED (DUE TO SETTLEMENT) PERTHE STIPULATION
AND ORDER OF COURTSIGNED & FILED ON 9/20/17.) - Advanced to this date, o/c settled
02/12/19 Page 71 of 133 Page ID
09/19/2017 at 08:30 AM in Department M #:1659

(Motion to Strike; Advanced to this date & continued) -

Hearing on Motion for Protective Order (Motion for Protective Order; Court Makes Order) -

Motion for Protective Order - Court Makes Order

Ex-Parte Proceedings - Held

Ex-Parte Application (DEF EX PARTE APPL RE MOTION TOQUASH OR RECALL BENCH WARRANT) - Completed

Ruling on Submitted Matter (Ruling on Submitted Matter; Court Makes Order) -

Ruling on Submitted Matter - Court Makes Order

Unknown Event Type - Held - Taken under Submission

Motion for Order - Submitted

Unknown Event Type - Held - Continued

Order to Show Cause Re Contemp - Held-Continued

Hearing on Motion for Protective Order (Motion for Protective Order; Advanced to this date & continued) -

Ex-Parte Proceedings (Ex Parte Application; Motion Granted in Part) -

Ex-Parte Application - Motion Granted in Part


TOP 06/30/2017 11/18/2016



Order to Show Cause Re Contemp (ORDER TO SHOW CAUSE RE: SANCTIONSAND CONTEMPT AGAINST
DEFENDANTMATTHEW JOSEPH ALHADEFF F0R DEFT'SKNOWINGLY FAILING TO OBEY A LAWFULCOURT ORDER
TO APPEAR FOR THE MSCON 6/16/17.) - Held-Continued

Motion to Compel ((2) MOTIONS TO COMPEL) - Submitted
02/12/19 Page 72 of 133 Page ID
Hearing on Motion for Summary Judgment - Not Held - Advanced and Vacated

Mandatory Settlement Conference (MSC) (Mandatory Settlement Conference; Not held) -

Mandatory Settlement Conference - Not held

Ex-Parte Proceedings (Exparte proceeding; Denied) -

Exparte proceeding - Denied

(Motion; Continued) -

Motion (FOR FINANCIAL DISCOVERY) - Continued


Unknown Event Type - Held - Motion Granted


Motion to Compel (COMPLIANCE WITH COURT ORDER) - Motion Granted


Ex-Parte Proceedings - Held - Taken under Submission

Ex-Parte Application - Submitted

Motion to Compel (CONT. BY THE COURT TO 6/30/17) - Advanced to this date & continued


Ex-Parte Proceedings (Ex Parte Application; Denied) -

Ex-Parte Application - Denied

(Motion to Compel; Court Makes Order) -

Motion to Compel ((2) MOTION TO COMPEL) - Court Makes Order

Unknown Event Type

(Motion to Compel; Continued by Court) -

Motion to Compel (FURTHER RESPONSES) - Continued by Court
02/12/19 Page 73 of 133 Page ID

Jury Trial (Jury Trial; Transferred to different departmnt) -

Final Status Conference (Final Status Conference; Transferred to different departmnt) -

Ex-Parte Proceedings (Ex Parte Application; Motion Denied) -

Ex-Parte Application - Motion Denied


Motion to Compel (AND MOTION FOR PROTECTIVE ORDER;) - Motion Granted

Case Management Conference (Conference-Case Management; Trial Set) -

Conference-Case Management (AND MOTION TO COMPEL;) - Trial Set


Motion to Compel (DEFENDANT TO COMPLY WITHDEPOSITION NOTICE AND SANCTIONSCONTINUED TO 12/13/16) -
Advanced to this date & continued

Hearing on Motion to Compel Further Discovery Responses (MOTION - COMPEL FURTHER RESPONSES; Transferred to
different departmnt) -
TOP 06/30/2017 11/18/2016


10/17/2016 at 1:30 PM in Department 97

Hearing on Motion for Protective Order (Motion for Protective Order; Transferred to different departmnt) -

Hearing on Motion to Compel Deposition (MOTION - COMPEL DEPOSITION; Transferred to different departmnt) -

Informal Discovery Conference (IDC) (Informal Discovery Conference-PI; Not Resolved-PI) -
TOP 06/30/2017 11/18/2016
Register Of Actions
Register of Actions (Listed in descending order)
Case Access
02/12/19 Page 74 of 133 Page ID
Click on any of the below link(s) to see Register of Action Items on#:1662
or before the date indicated:
08/28/2017 07/06/2017 04/18/2017 02/09/2017 10/05/2016

(OSC RE Dismissal; Transferred to different departmnt) -








Filed by Defendant
09/28/2017 Notice of Ruling (AND OSC RE DISMISSAL )


Jury Trial - Not Held - Advanced and Vacated

Jury Trial (5 DAYS) - Advanced to this date & Vacated
09/25/2017 Request for Dismissal

09/25/2017 Request for Dismissal (WITH PREJUDICE AS TO ENTIRE ACTION OF ALL PARTIES AND ALL CAUSES OF
ACTION )

Final Status Conference (Final Status Conference; Settled) -

Final Status Conference (JT 9/25/17COURT DARK ON 9/15/17) - Settled

(Order to Show Cause Re Contemp; Advanced to this date, o/c settled) -

Order to Show Cause Re Contemp (OSC RE: CONTEMPT AND SANCTIONSAGAINST DEFT MATTHEW J.
ALHADEFF;AND MSC - THIS HEARING ADVANCED &VACATED (DUE TO SETTLEMENT) PERTHE STIPULATION
AND ORDER OF COURTSIGNED & FILED ON 9/20/17.) - Advanced to this date, o/c settled

09/20/2017 Stipulation and Order (STIPULATION TO TAKE MSC AND OSC RE: CONTEMPT AND SANCTIONS OFF
CALENDAR PENDING FINAL SETTLEMENT AND ORDER, IS SIGNED AND FILED THIS DATE. )

Case Access
02/12/19 Page 75 of 133 Page ID
09/15/2017 Notice (OF WITHDRAWAL AND TAKING OFF CALENDAR
#:1663DEFENDANT'S NOTICE OF MOTION TO COMPEL
FURTHER RESPONSES TO DEFENDANT'S REQUESTS FOR PRODUCTION OF DOCUMENTS (SET TWO) AND FOR
MONETARY SANCIONS)
09/15/2017 Notice
09/14/2017 Notice
09/14/2017 Notice (OF TAKING MOTIONS OFF CALENDAR WITHOUT PREJUDICE )

09/11/2017 Opposition (TO MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF
DOCUMENTS SET THREE )
09/11/2017 Opposition (TO MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES SET TWO )
09/11/2017 Opposition (TO MOTION IN LIMINE NO.5 TO PRECLUDE DUPLICATIVE EXPERT OPINIONS )
09/11/2017 Opposition (TO MOTION IN LIMINE NO.1 TO PRECLUDE EVIDENCE REGARDING PLAINTIFF'S WEALTH
OR FINANCIAL RESOURCES )
09/11/2017 Opposition (TO MOTION IN LIMINE NO.2 TO PRECLUDE EVIDENCE REGARDING DEFENDANT'S
INABILITY TO PAY PUNITIVE DAMAGES OR THE ABSENCE OF EVIDENCE OF DEFENDANT'S FINANCIAL
CONDITION)
09/11/2017 Opposition (TO MOTION IN LIMINE NO.3 TO PRECLUDE EVIDENCE REGARDING PLAINTIFF'S RECEIPT OF
COLLATERAL SOURCE BENEFITS )
09/11/2017 Opposition (TO MOTION IN LIMINE NO.4 TO PRECLUDE EVIDENCE REGARDING DEFENDANT'S INJURIES
)
09/11/2017 Response
Case Access
02/12/19 Page 76 of 133 Page ID
09/11/2017 Opposition (TO DEFENDANT'S MOTION IN LIMINE#:1664
NO.1 TO EXCLUDE "GOLDEN RULE" AND "REPTILE
THEORY" ARGUMENTS AT TRIAL )
09/11/2017 Opposition (TO DEFENDANT'S MOTION IN LIMINE NO.2 TO EXCLUDE EVIDENCE OF MEDICAL EXPENSES
IN EXCESS OF THE LESSER OF AMOUNTS ACTUALLY PAID OR ACCEPTED AS PAID, OR THE REASONABLE VALUE
OF SERVICES PROVI)
CONCERNING DEFENDANT'S MEDICAL RECORDS )
CONCERNING POST-ACCIDENT TEXT MESSAGES FROM DEFENDANT )
09/11/2017 Opposition (TO DEFENDANT'S MOTION IN LIMINE NO.5 TO EXCLUDE EVIDENCE OR ARGUMENT THAT
DEFENDANT EXERCISED HIS FIFTH AMENDMENT RIGHT AGAINST SELF-INCRIMINATION )
09/11/2017 Opposition (TO DEFENDANT'S MOTION IN LIMINE NO.6 TO PRECLUDE PLAINTIFF FROM MENTIONING
ANY ACTUAL OR POTENTIAL DOLLAR AMOUNT OF DAMAGES IN THIS OR ANY OTHER HYPOTHETICAL CASE
TO THE JURY DURING VOIR DIRE)
09/11/2017 Response (TO DEFENDANT'S MOTION IN LIMINE NO.7 TO PRECLUDE THE ADMISSION OF EVIDENCE OF
PROFITS OR FINANCIAL CONDITION UNLESS AND UNTIL THE TRIER OF FACT MAKES A FINDING OF MALICE,
OPPRESSION, OR FRAUD)
09/11/2017 Opposition (TO DEFENDANT'S MOTION IN LIMINE NO.8 TO EXCLUDE EVIDENCE OF ANY PRIOR
ARRESTS OR CONVICTIONS )
09/11/2017 Declaration (SUPPLEMENTAL OMNIBUS DECLARATION OF AHMED IBRAHIM IN SUPPORT OF

PLAINTIFF'S OPPOSITIONS TO DEFENDANT MOTIONS IN LIMINE NOS. 1-8 )
Filed by ROBERT F. TYSON (Attorney)
09/01/2017 Proof of Service (not Summons and Complaint)

09/01/2017 Proof of Service


02/12/19 Page 77 of 133 Page ID
08/31/2017 Amended Proof of Service #:1665

08/30/2017 Motion in Limine (NO.3 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING DEFENDANT'S MEDICAL
RECORDS; DECLARATION OF KARA PAPE )
08/30/2017 Motion in Limine (NO.2 TO EXCLUDE EVIDENCE OF MEDICAL EXPENSES IN EXCESS OF THE LESSER OF
AMOUNTS ACTUALLY PAID OR ACCEPTED AS PAID, OR THE REASONABLE VALUE OF SERVICES PROVIDED;
DECLARATION OF KARA PAPE)
08/30/2017 Motion in Limine (NO.1 TO EXCLUDE "GOLDEN RULE" AND "REPTILE THEORY" ARGUMENTS AT TRIAL;
PLAINTIFF'S OR PLAINTIFF'S FAMILY WEALTH AND/OR FINANCIAL RESOURCES )
REGARDING DEFENDANT'S ALLEGED INABILITY TO PAY ANY PUNITIVE DAMAGES AWARD OR THE ABSENCE OF
EVIDENCE OF DEFENDANT'S FINANCIAL)
ABOUT PLAINTIFF'S RECEIPT OF COLLATERAL SOURCE BENEFITS )
DEFENDANT'S INJURIES )
08/30/2017 Motion in Limine (NO.5 TO PRECLUDE DEFENDANT FROM OFFERING DUPLICATIVE EXPERT OPINIONS )
08/30/2017 Declaration (OMNIBUS DECLARATION OF AHMED IBRAHIM IN SUPPORT OF PLAINTIFF'S MOTIONS IN

LIMINE NOS. 1-5 )
08/30/2017 Motion in Limine (NO.8 TO EXCLUDE EVIDENCE OF ANY PRIOR ARRESTS OR CONVICTIONS;
08/30/2017 Motion in Limine (NO.7 TO PRECLUDE THE ADMISSION OF EVIDENCE OF PROFITS OR FINANCIAL
CONDITION UNLESS AND UNTIL THE TRIER OF FACT MAKES A FINDING OF MALICE, OPPRESSION, OR FRAUD )
08/30/2017 Motion in Limine (NO.6 TO PRECLUDE PLAINTIFF FROM MENTIONING ANY ACTUAL OR POTENTIAL
DOLLAR AMOUNT OF DAMAGES IN THIS OR ANY OTHER HYPOTHETICAL CASE TO THE JURY DURING VOIR
DIRE; DECLARATION OF KARA PAPE)
08/30/2017 Motion in Limine (NO.5 TO EXCLUDE EVIDENCE OR ARGUMENT THAT DEFENDANT EXERCISED HIS
FIFTH AMENDMENT RIGHT AGAINST SELF-INCRIMINATION; DECLARATION OF KARA PAPE )

08/30/2017 Motion in Limine (NO.4 TO EXCLUDE EVIDENCE OR ARGUMENT CONCERNING POST-ACCIDENT TEXT
MESSAGES FROM DEFENDANT; DECLARATION OF KARA PAPE )
02/12/19 Page 78 of 133 Page ID
08/30/2017 Motion in Limine #:1666











(Motion to Strike; Advanced to this date & continued) -


TOP 08/28/2017 07/06/2017 04/18/2017 02/09/2017 10/05/2016

Hearing on Motion for Protective Order (Motion for Protective Order; Court Makes Order) -

Motion for Protective Order - Court Makes Order

08/28/2017 Stip & Order-use CSR (BRITTANY KEPLER #13970 )



08/22/2017 Notice of Continuance (NOTICE OF CONTINUANCE OF ORDER TO SHOW CAUSE RE CONTEMPT AND
SANCTIONS AND MSC TO 9/21/17 )
Case Access
02/12/19 Page 79 of 133 Page ID
08/22/2017 Notice Re: Continuance of Hearing and Order #:1667
Filed by Plaintiff

Ex-Parte Proceedings - Held

Ex-Parte Application (DEF EX PARTE APPL RE MOTION TOQUASH OR RECALL BENCH WARRANT) - Completed
08/21/2017 Ex-Parte Application (DEFENDANT, MATTHEW ALHADEFF'S EX PARTE APPLICATION RE MOTION TO

QUASH OR RECALL BENCH WARRANT )

08/18/2017 Opposition (DEFENDANT MATTHEW JOSEPH ALHADEFF'S OPPOSITION TO PLAINTIFF'S BRIEF

REGARDING THE IMPOSITION OF SANCTIONS - ON: 8/25/17 AT 9:30 AM IN DEPARTMENT WE-R.)
08/17/2017 Notice of Motion (AND MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANT MATTHEW
JOSEPH ALHADEFF TO REQUEST FOR PRODUCTION (SET THREE) AND FOR MONETARY SANCTIONS IN THE
AMOUNT OF $3,260 AGAINST DEFENDANT)
RESPONSES FROM DEFENDANT MATTHEW JOSEPH ALHADEFF TO REQUEST FOR PRODUCTION (SET THREE)
AND FOR MONETARY SANCTIONS IN THE AMOUNT)




08/17/2017 Notice of Motion (AND MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANT MATTHEW JOSEP
ALHADEFF TO SPECIAL INTERROGATORIES (SET TWO) AND FOR MONETARY SANCTIONS IN THE AMOUNT OF
$5,260 AGAINST DEFENDANT)
REPSONSES FROM DEFENDANT MATTHEW JOSEPH ALHADEFF TO SPECIAL INTERROGATORIES (SET TWO) AND
FOR MONETARY SANCTIONS IN THE AMOUNT)


08/14/2017 Notice
08/14/2017 Notice (NOTICE OF WITHDRAWAL AND TAKING OFF CALENDAR PLTFS MOTION TO QUASH
DEPOSITION SUBPOENAS )
Case Access
02/12/19 Page 80 of 133 Page ID
08/11/2017 Brief (PLAINTIFF'S BRIEF REGARDING THE INPOSITION
#:1668OF SANCTIONS AGAINST DEFENDANT
MATTHEW JOSEPH ALHADEFF - SEEKING MONETARY AND TERMINATING SANCTIONS; DECLARATION OF
DAMON ROGERS - 8/25/17 9:30 AM DEPT "R".)



Motion for Order - Submitted
08/08/2017 Ord-Appt Apprv Rptr as Rptr protem (NAREN JOHNSON #3827 )





Order to Show Cause Re Contemp - Held-Continued
08/04/2017 Order
08/04/2017 Order (ORDER APPOINTING COURT APPROVED REPORTER: DANA SHELLEY, CSR #10177 AS OFFICIAL
08/02/2017 Miscellaneous-Other


08/02/2017 Miscellaneous-Other (SEPARATE STATEMENT )

08/02/2017 Notice of Motion (AND MOTION TO COMPEL )

08/02/2017 Brief (PLAINTIFF'S SUBMISSION IN ADVANCE OF THE ORDER TO SHOW CAUSE RE: CONTEMPT AND
SANCTIONS AGAINST DEFENDANT MATTHEW JOSEPH ALHADEFF; DECLARATION OF DAMON ROGERS - HRG:
8/4/17 AT 9:30 AM IN DEPT WE-R.)


Case Access
02/12/19 Page 81 of 133 Page ID
08/01/2017 Reply to Opposition (TO DEFENDANT'S MOTION FOR ORDER REQUIRING PLAINTIFF AND HER COUNSEL
#:1669
TO RETURN MEDICAL RECORDS RECEIVED FROM CEDARS SINAI MEDICAL CENTER; )
08/01/2017 Reply to Opposition (TO DEFENDANT'S MOTION FOR RELIEF UNDEER CCP 473(B) )
08/01/2017 Opposition (TO DEFENDANT'S MOTION FOR PROTECTIVE ORDER AND REQUEST FOR SANCTIONS
AGAINST PLAINTIFFS COUNSEL IN THE AMOUNT OF $2,260. )

Hearing on Motion for Protective Order (Motion for Protective Order; Advanced to this date & continued) -
07/26/2017 Answer to First Amended Complaint

07/26/2017 Opposition (TO MOTION FOR RELIEF )

07/26/2017 Answer to First Amended Complaint (BEHALF OF: MATTHEW JOSEPH ALHADEFF )
07/26/2017 Opposition (TO MOTION FOR ORDER )


Ex-Parte Proceedings (Ex Parte Application; Motion Granted in Part) -

Ex-Parte Application - Motion Granted in Part
Filed by Defendant





07/21/2017 Stip & Order-use CSR (DAYNA HESTER #9970 )

Case Access
02/12/19 Page 82 of 133 Page ID
07/20/2017 Notice Re: Continuance of Hearing and Order #:1670
Filed by Clerk

Filed by Clerk

07/19/2017 Notice of Motion (AND MOTION FOR PROTECTIVE ORDER; REQUEST FOR SANCTIONS AGAINST
PLAINTIFF'S COUNSEL IN THE AMOUNT OF $2,260; MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATION OF CHRISTINA Y. MOROVATI; (PROPOSED))
07/17/2017 Notice of Association of Attorneys




07/14/2017 Notice of Motion (AND MOTION FOR ORDER REQUIRING PLAINTIFF AND HER COUNSEL TO RETURN ALL
COPIES OF DEFENDANT'S MEDICAL RECORDS RECEIVED FROM CEDARS SINAI MEDICAL CENTER;
MEMORANDUM OF POINTS AND AUTHORITI)
07/14/2017 Notice of Motion (AND MOTION FOR RELIEF UNDER CODE OF CIVIL PROCEDURE 473 (B) FOR AUGUST 8,
2017; DECLARATION OF CHRISTINA Y. MOROVATI; DECLARATION OF ROBERT F. TYSON, JR (PROPOSED) ORDER)
TOP 08/28/2017 07/06/2017 04/18/2017 02/09/2017 10/05/2016







Order to Show Cause Re Contemp (ORDER TO SHOW CAUSE RE: SANCTIONSAND CONTEMPT AGAINST
DEFENDANTMATTHEW JOSEPH ALHADEFF F0R DEFT'SKNOWINGLY FAILING TO OBEY A LAWFULCOURT ORDER
TO APPEAR FOR THE MSCON 6/16/17.) - Held-Continued

Motion to Compel ((2) MOTIONS TO COMPEL) - Submitted
06/30/2017 Ord-Appt Apprv Rptr as Rptr protem (CYNTHIA LAMB #8349 )

06/30/2017 Stipulation and Order (STIPULATION AND ORDER TO USE CERTIFIED SHORTHAND REPORTER: AMANDA
R. TEIDEL, CSR #13129, IS SIGNED AND FILED THIS DATE. )
02/12/19 Page 83 of 133 Page ID
Filed by Attorney for Plaintiff #:1671

06/29/2017 Response
06/29/2017 Response (PLAINTIFF'S RESPONSE TO DEFENDANT'S OPPOSITION TO ORDER TO SHOW CAUSE;

DECLARATION OF DAMON ROGERS - 6/30/17 AT 9:30 AM IN DEPARTMENT WE-R.)
06/28/2017 Opposition (OPPOSITION TO ORDER TO SHOW CAUSE )

06/28/2017 Declaration (DECLARATION OF CHRISTINA Y. MOROVATI RE: ORDER TO SHOW CAUSE RE: SANCTIONS
AND CONTEMPT AGAINST MATTHEW JOSEPH ALHADEFF )
06/28/2017 Opposition (OPPOSITION TO ORDER TO SHOW CAUSE, IS FILED ON BEHALF OF DEFENDANT MATTHEW
ALHADEFF, BY SPECIALLY APPEARING ATTORNEY CHRISTINA Y. MOROVATI, IS FILED THIS DATE.)
06/28/2017 Declaration (DECLARATION OF CRISTINA Y. MOROVATI RE: ORDER TO SHOW CAUSE RE: SANCTIONS
AND CONTEMPT AGAINST MATTHEW JOSEPH ALHADEFF, IS FILED THIS DATE.)

06/23/2017 Notice of Lodging (CERTIFIED DEPOSITION TRANSCRIPT OF MATTHEW J. ALHADEFF: (1) IN SUPPORT OF
PLAINTIFF'S MOTION TO COMPEL DEFENDANT MATTHEW ALHADEFF TO COMPLY WITH COURT'S DECEMBER 30,
2016 ORDER, FOR AN ORDER)
06/23/2017 Reply to Opposition (TO MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT )
06/23/2017 Reply to Opposition (FOR ORDER TO STAY ENTIRE ACTION UNTIL MAY 19, 2018 TO ALLOW DEFENDANT'S
FIFTH AMENDMENT RIGHTS TO BE PRESERVED )



06/23/2017 Opposition (SUPPLEMENTAL OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AFTER
CONDUCTING DEPOSITION OF EZRI NAMVAR; DECLARATION )
Case Access
02/12/19 Page 84 of 133 Page ID
06/23/2017 Reply to Opposition (TO MOTION FOR PROTECTIVE ORDER TERMINATING DEFENDANT'S DEPOSITION OR
#:1672
IN THE ALTERNATIVE FOR APPOINTMENT OF DISCOVERY REFEREE; REQUEST FOR SANCTIONS AGAINST
MICHAEL J. AVENATTI AND THE FIRM)

Hearing on Motion for Summary Judgment - Not Held - Advanced and Vacated
06/19/2017 Opposition (TO DEFENDANT'S MOTION FOR PROTECTIVE ORDER TERMINATING DEFENDANT'S
DEPOSITION OR IN THE ALTERNATIVE FOR APPOINTMENT OF DISCOVERY REFEREE AND REQUEST FOR
SANCTIONS AGAINST MICHAEL J. AVENA)
06/19/2017 Opposition (TO DEFENDANT'S MOTION TO STAY ENTIRE ACTION UNTIL MAY 19, 2018; DECLARATION OF
DAMON ROGERS IN OPPOSITION )
06/19/2017 Opposition (TO DEFENDANT'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED
COMPLAINT; DECLARATION OF DAMON ROGERS IN OPPOSITION )

Mandatory Settlement Conference (MSC) (Mandatory Settlement Conference; Not held) -

Mandatory Settlement Conference - Not held
06/16/2017 Order to Show Cause

Filed by Court
06/16/2017 Order (ORDER APPOINTING COURT APPROVED REPORTER: NANCY K. BRINK, CSR #6501, AS OFFICIAL
06/16/2017 Order
06/16/2017 Order to Show Cause (ORDER TO SHOW CAUSE RE: SANCTIONS AND CONTEMPT AGAINST DEFENDANT
MATTHEW JOSEPH ALHADEFF, FOR DEFTS FTA AT MSC ON 6/16/17; A BENCH WARRANT IS ISSUED & HELD UNITL
6/30/17; BAIL SET: $150,000.00)
Filed by Court



Ex-Parte Proceedings (Exparte proceeding; Denied) -

Exparte proceeding - Denied
06/01/2017 ExParte Application

02/12/19 Page 85 of 133 Page ID
06/01/2017 Order #:1673
06/01/2017 Order (ORDER APPOINTING COURT APPROVED REPORTER: JOSIANE B. GOLDMAN AS OFFICIAL
06/01/2017 ExParte Application (DEFT MATTHEW ALHADEFF'S EXPARTE APPLICATION FOR AN ORDER FOR RELIEF
FROM THE COURT'S ORDER REQUIRING DEFT TO BE PHYSICALLY PRESENT AT THE MSC ON 6/16/17; DECL OF
CHRISTINA Y. MOROVATI.)
05/26/2017 Notice of Trial

05/26/2017 Notice of Trial (PURSUANT TO SECTION 594 OF THE CODE OF CIVIL PROCEDURE )
05/24/2017 Objection Document Filed

05/24/2017 Objection Document Filed (TO NOTICE TO APPEAR AT TRIAL )







05/11/2017 Statement - General (SEPARATE STATEMENT OF ITEMS IN DISPUTE ON MOTION TO QUASH DEPOSITION
SUBPOENAS SEEKING PRODUCTION OF BUSINESS RECORDS FROM (1) LA FITNESS-WESTWOOD; (2) ART
INSTITUTE OF CALIFORNIA -)
05/11/2017 Notice of Motion (AND MOTION TO QUASH DEPOSITION SUBPOENAS SEEKING PRODUCTION OF
BUSINESS RECORDS FROM (1) LA FITNESS- WESTWOOD; (2) ART INSTITUTE OF CALIFORNIA- LOS ANGELES; (3)
SANTA MONICA COLL)

(Motion; Continued) -

Motion (FOR FINANCIAL DISCOVERY) - Continued
05/03/2017 Stip & Order-use CSR (AMANDA TEIDEL #13129 )


05/01/2017 Notice
05/01/2017 Notice (OF TAKING CERTAIN MOTIONS OFF CALENDAR WITHOUT PREJUDICE )
02/12/19 Page 86 of 133 Page ID
04/27/2017 Order-Protective #:1674
04/27/2017 Order-Protective (REGARDING CONFIDENTIAL AUDIOTAPE OF EXAMINATION; )


04/26/2017 Reply to Opposition (TO PLAINTIFF'S MOTION FOR FINANCIAL DISCOVERY TO SUPPORT PLAINTIFF'S
PUNITIVE DAMAGES CLAIM DECLARATION OF DAMON ROGERS IN OPPOSITION )



Motion to Compel (COMPLIANCE WITH COURT ORDER) - Motion Granted


04/20/2017 Opposition (TO PLAINTIFF'S MOTION FOR FINANCIAL DISCOVERY TO SUPPORT PLAINTIFF'S PUNITIVE
DAMAGES CLAIM DECLARATION OF CHRISTINA Y. MOROVATI; (PROPOSED) ORDER )
TOP 08/28/2017 07/06/2017 04/18/2017 02/09/2017 10/05/2016


Ex-Parte Proceedings - Held - Taken under Submission

Motion to Compel (CONT. BY THE COURT TO 6/30/17) - Advanced to this date & continued

Ex-Parte Application - Submitted
04/18/2017 Ord-Appt Apprv Rptr as Rptr protem (JENNIFER SMITH #13577 )



Case Access
02/12/19 Page 87 of 133 Page ID
04/17/2017 Reply to Opposition (TO DEFENDANT'S MOTION TO COMPEL PLAINTIFF'S COMPLIANCE WITH COURT
#:1675
ORDERED MENTAL EXAMINATION WITH DR. KYLE BOONE AND REQUEST FOR SANCTIONS IN THE AMOUNT OF
$6,440.00)

04/11/2017 Notice of Motion (FOR FINANCIAL DISCOVERY )

04/11/2017 Reply to Opposition (TO MTN TO COMPEL )



04/11/2017 Declaration (OF BEAU LEBLANC )




04/05/2017 Response
04/05/2017 Notice of Motion (AND MOTION FOR PROTECTIVE ORDER TERMINATING DEFENDANT'S DEPOSITION OR
IN THE ALTERNATIVE FOR APPOINTMENT OF A DISCOVERY REFEREE; REQUEST FOR SANCTIONS AGAINST
MICHAEL J. AVENATTI AND)
04/05/2017 Notice of Lodging (OF DEPOSITION TRANSCRIPT OF MATTHEW JOSEPH ALHADEFF IN SUPPORT OF
DEFENDANT, MATTHEW JOSEPH ALHADEFF'S OPPOSITION TO MOTION TO COMPEL DEFENDANT TO COMPLY
WITH THE COURT'S DECEMBER 30, 2016)
04/05/2017 Opposition (TO MOTION TO COMPEL DEFENDANT TO COMPLY WITH THE COURT'S DECEMBER 30, 2016
ORDER, FOR AND ORDER COMPELLING DEFENDANT TO COMPLETE HIS COURT-ORDERED DEPOSITION AND FOR
AN ORDER COMPELLING ANSWERS)
04/05/2017 Response (TO SEPARATE STATEMENT OF DISPUTED ITEMS IN SUPPORT OF OPPOSITION TO MOTION TO
COMPEL DEFENDANT TO COMPLY WITH THE COURT'S DECEMBER 30, 2016 ORDER, FOR AN ORDER COMPELLING
03/30/2017 Amended Notice (RE MTN TO STRIKE )


02/12/19 Page 88 of 133 Page ID
03/30/2017 Amended Notice #:1676
03/30/2017 Motion to Compel (COMPLLIANCE WITH COURT ORDERED MENTAL EXAMINATION WITH DR. KYLE
BOONE )

03/24/2017 Statement - General (SEPARATE STATEMENT OF DISPUTED ITEMS ON MOTION TO COMPEL DEFENDANT
MATTHEW ALHADEFF TO COMPLY WITH COURT'S DECEMBER 30, 2016 ORDER, FOR AN ORDER COMPELLING
03/24/2017 Notice of Motion (AND MOTION TO COMPEL DEFENDANT MATTHEW ALHADEFF TO COMPLY WITH THE
COURT'S DECEMBER 30, 2016 ORDER, FOR AN ORDER COMPELLING DEFENDANT TO COMPLETE HIS COURT-
ORDERED DEPOSITION AND FOR AN)

03/23/2017 Motion to Strike

03/23/2017 Motion to Strike (PORTIONS OF FIRST AMENDED COMPLAINT )


Ex-Parte Proceedings (Ex Parte Application; Denied) -

Ex-Parte Application - Denied

03/13/2017 Ord-Appt Apprv Rptr as Rptr protem (NANCY BRINK CSR 6501 )
03/13/2017 Opposition (TO DEFENDANT'S EX PARTE APPLIC,. )

03/13/2017 Ex-Parte Application (FOR AN ORDER TO COMPEL PLTF'S COMPLIANCE WITH COURT ORDERED MENTAL
EXAMINATION WITH DR. KYLE BOONE; MEMO OF POINTS AND AUTH.' DECL. OF CHRISTINA V. MOROVATI AND
DR. KYLY BOONE)


03/02/2017 First Amended Complaint (NO SUMMONS ISSUED )

03/02/2017 First Amended Complaint


(Motion to Compel; Court Makes Order) -
Case Access
02/12/19 Page 89 of 133 Page ID
03/01/2017 at 08:30 am in Department WEM, Mitchell L. Beckloff,#:1677
Presiding
Motion to Compel ((2) MOTION TO COMPEL) - Court Makes Order
03/01/2017 Ord-Appt Apprv Rptr as Rptr protem (WIL C. WILCOX #9178 )

03/01/2017 Order (ON PLAINTIFF'S MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT; )
03/01/2017 Order

Unknown Event Type

(Motion to Compel; Continued by Court) -

Motion to Compel (FURTHER RESPONSES) - Continued by Court



02/21/2017 Reply to Opposition (TO MTN FOR LEAVE TO FILE A FAC )


02/16/2017 Reply to Opposition (TO MTN TO COMPEL FURTHER RESPONSES )


NADJAT-HAIEM'S ATTENDANCE AT DEPOSITION AND FOR MONETARY SANCTIONS; DECLARATION OF DAMON
ROGERS IN OPPOSITION)
NADJAT-HAIEM TO SUBMIT TO EXAMINATION WITH DR. KYLE BOONE, PH.D. AND REQUEST FOR SANCTIONS;
DECLARATION OF)
02/14/2017 Opposition (TO MTN FOR LEAVE TO FILE FAC )


Jury Trial (Jury Trial; Transferred to different departmnt) -
Case Access
02/12/19 Page 90 of 133 Page ID
02/10/2017 Motion to Compel (FURTHER RESPONSES ) #:1678

02/10/2017 Statement - General (SEPARATE STATEMENT OF DISPUTED ITEMS )


TOP 08/28/2017 07/06/2017 04/18/2017 02/09/2017 10/05/2016



02/09/2017 Motion to Compel (RESPONSES TO REQUESTS FOR PROD. SET TWO AND FOR SANCTIONS )
02/02/2017 Notice of Motion (AND MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT; MEMORANDUM OF
POINTS AND AUTHORITIES; DECLARATION OF DAMON ROGERS )



02/02/2017 Notice of Motion (AND MOTION TO COMPEL PLAINTIFF JENNIFER NADJAT-HAIEM TO SUBMIT TO
EXAMINATION WITH DR. KYLE BOONE, PH.D AND REQUEST FOR SANCTIONS; MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF;)
02/02/2017 Notice of Motion (AND MOTION TO COMPEL PLAINTIFF JENNIFER NADJAT-HAIEM'S ATTENDANCE AT
DEPOSITION AND FOR MONETARY SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION
OF CHRISTINA Y. MOROVATI; PP ORDER)
01/31/2017 Amended Notice (2ND AMENDED NTC RE MTN TO COMPEL )



Final Status Conference (Final Status Conference; Transferred to different departmnt) -
01/18/2017 Notice (NOTICE TO DEFENDANT MATTHEW JOSEPH ALHADEFF TO APPEAR AT TRIAL 9-25-17 9:00 AM
DEPT M )
01/18/2017 Notice

Case Access
02/12/19 Page 91 of 133 Page ID
01/12/2017 at 08:30 am in Department WEM, Mitchell L. Beckloff,#:1679
Presiding




Motion to Compel (AND MOTION FOR PROTECTIVE ORDER;) - Motion Granted
12/30/2016 Ord-Appt Apprv Rptr as Rptr protem (CHERI BULLOCK #4714 )


12/21/2016 Reply to Opposition (TO MTN FOR PROTECTIVE ORDER )




Case Management Conference (Conference-Case Management; Trial Set) -

Conference-Case Management (AND MOTION TO COMPEL;) - Trial Set
12/13/2016 Ord-Appt Apprv Rptr as Rptr protem (JENNY ROSENSTEIN #3160 )



Motion to Compel (DEFENDANT TO COMPLY WITHDEPOSITION NOTICE AND SANCTIONSCONTINUED TO 12/13/16) -
Advanced to this date & continued


12/06/2016 Reply (IN SUPPORT OF MOTION TO COMPEL PLAINTIFF JENNIFER NADJATHAIEM TO SUBMIT TO
INDEPENDENT MEDICAL EXAMINATIONS )
02/12/19 Page 92 of 133 Page ID
12/06/2016 Reply #:1680






Hearing on Motion to Compel Further Discovery Responses (MOTION - COMPEL FURTHER RESPONSES; Transferred to
different departmnt) -
FURTHER RESPONSES FROM DEFENDANT MATTHEW JOSEPH ALHADEFF TO PLAINTIFF'S REQUEST FOR
PRODUCTION (SET ONE) AND FOR SANCT)
DEFENDANT MATTHEW JOSEPH ALHADEFF TO PROVIDE FURTHER RESPONSES TO PLAINTIFF'S FORM
INTERROGATORIES (SET ONE) AND SANC)






11/18/2016 Notice (NOTICE OF RESCHEDULING HEARING OF MOTION FOR PROTECTIVE ORDER 4-14-17 9:00 AM
DEPT M )
11/18/2016 Notice



Case Access
02/12/19 Page 93 of 133 Page ID
11/15/2016 Motion to Compel (PLAINTIFF JENNIFER NADJAT-HAIEM
#:1681TO SUBMIT TO MULTIPLE INDEPENDENT
MEDICAL EXAMINATIONS INCLUDING A NEUROLOFY EXAMINATION AND A NEUROPHYCHOLOGICAL
EXAMINATION; )


11/09/2016 Notice
Filed by Clerk
11/09/2016 Notice
Filed by Clerk
11/09/2016 Notice (NOTICE OF TRANSFER OF ACTION )

Filed by Clerk

Hearing on Motion for Protective Order (Motion for Protective Order; Transferred to different departmnt) -
TOP 08/28/2017 07/06/2017 04/18/2017 02/09/2017 10/05/2016

Hearing on Motion to Compel Deposition (MOTION - COMPEL DEPOSITION; Transferred to different departmnt) -
10/05/2016 Order
Filed by Court
10/05/2016 ORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT

CALENDAR (IC) COURT
10/05/2016 NOTICE OF RULING ON PLAINTIFF'S MOTION TO COMPEL DEFENDANT MATTHEW JOSEPH ALHADEFF
TO COMPLY WITH DEPOSITION NOTICE AND FOR SANCTIONS AGAINST DEFENDANT MATTHEW JOSEPH
ALHADEFF IN THE AMOUNT OF $3260

10/05/2016 Minute Order

10/03/2016 Objection
10/03/2016 PLAINTIFF'S EVIDENTIARY OBJECTIONS TO THE DECLARATION OF CHRISTINE V. MOROVATI

ATTACHED TO DEFENDANT'S MOTION FOR PROTECTIVE ORDER
10/03/2016 PLAINTIFF'S OPPOSITION TO DEFENDANT MATTHEW JOSEPH ALHADEFF'S MOTION FOR PROTECTIVE
ORDER; DECLARATION OF DAMON ROGERS IN OPPOSITION

09/28/2016 PLAINTIFF'S REPLY TO DEFENDANT MATTHEW JOSEPH ALHADEFF'S OPPOSITION TO PLAINTIFF'S

MOTION TO COMPEL DEFENDANT TO COMPLY WITH DEPOSITION NOTICE AND FOR SANCTIONS AGAINST
DEFENDANT IN THE AMOUNT OF $3,260

09/22/2016 OPPOSITION TO PLAINTIFF, JENNIFER NADJAT-HAIEM'S, MOTION TO COMPEL THE DEPOSITION OF

DEFENDANT, MATTHEW ALHADEFF; ETC.
02/12/19 Page 94 of 133 Page ID
09/19/2016 at 10:30 AM in Department 97 #:1682
Informal Discovery Conference (IDC) (Informal Discovery Conference-PI; Not Resolved-PI) -
09/19/2016 Informal Discovery Conference Form for Personal Injury Courts


09/12/2016 NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER;ETC.

09/07/2016 NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT MATTHEW JOSEPH ALHADEFF TO
COMPLY WITH DEPOSITION NOTICE AND ETC.
08/31/2016 NOTICE OF ASSOCIATION OF COUNSEL
08/31/2016 PLAINTIFF JENNIFER NADJATHAIEM'S SEPARATE STATEMENT OF DISPUTED ITEMS ON MOTION TO

COMPEL FURTHER RESPONSES FROM DEFENDANT MATTHEW JOSEPH ALHADEFF TO REQUESTS FOR
PRODUCTION (SET ONE) AND FOR SANCTIONS IN THE AMOUNT OF $3,260.00 AGAINST DEFENDANT MATTHEW
08/31/2016 PLAINTIFF JENNIFER NADJATHAJEM'S NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT
MATTHEW JOSEPH ALHADEFF TO PROVIDE FURTHER RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES
(SET ONE) AND FOR SANCTIONS IN THE AMOUNT OF $4,660.00 AGAINST DEFENDANT MATTHEW JOSE

Filed by Michael J. Esq. Avenatti (Attorney)

08/31/2016 PLAINTIFF JENNIFER NADJATHAIEM'S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER
RESPONSES FROM DEFENDANT MATTHEW JOSEPH ALHADEFF TO PLAINTIFF'S REQUESTS FOR PRODUCTION
(SET ONE) AND FOR SANCTIONS IN THE AMOUNT OF $3.260.OO AGAINST DEFENDANT MATTHEW JOSEPH

08/31/2016 PLAINTIFF JENNIFER NADJAT-HAIEM'S SEPARATE STATEMENT OF DISPUTED ITEMS ON MOTION TO

COMPEL DEFENDANT ETC.

08/19/2016 INFORMAL DISCOVERY CONFERENCE FORM FOR PERSONAL INJURY COURTS (DEPARTMENT 91, 92, 93,
97)
08/16/2016 Substitution of Attorney

08/16/2016 SUBSTITUTION OF ATTORNEY
04/28/2016 DEFENDANT MATTHEW ALHADEFF'S ANSWER TO COMPLAINT
04/28/2016 Answer
04/15/2016 Receipt
04/15/2016 CIVIL DEPOSIT
04/13/2016 Notice
04/11/2016 NOTICE OF ACKNOWLEDGEMENT OF RECEIPT - CIVIL
02/12/19 Page 95 of 133 Page ID
01/20/2016 Motion #:1683
01/20/2016 Motion (FOR PROTECTIVE ORDER )

12/09/2015 NOTICE OF REJECTION APPLICATION AND ORDER FOR PUBLICATION
12/04/2015 Application for Order to Publish

12/04/2015 APPLICATION FOR PUBLICATION
08/10/2015 SUMMONS
08/10/2015 Complaint
08/10/2015 Complaint Filed
08/10/2015 COMPLAINT FOR DAMAGES: I. NEGLIGENCE
TOP 08/28/2017 07/06/2017 04/18/2017 02/09/2017 10/05/2016
#:1684
Exhibit 51
Page 1 of 5
This Statement: September 29, 2017
Account 3714

0053034 4273-06-0000-CBT-PG0023-00002

EAGAN AVENATTI, LLP
Irvine Branch
Irvine, CA 92614-0000
(949) 223-7500

Attorney Client Trust 3714 $2,240,935.13

0.00 5,500,176.41 2,850,000.00 409,241.28 2,240,935.13
...........................................................................................................................................................................................
2 DEPOSITS/CREDITS
09/20 5,500,000.00 DEPOSIT 5353016350
...........................................................................................................................................................................................
1 CHARGE/DEBIT
09/29 2,850,000.00 WIRE/OUT-2017092900003401;BNF Jennifer Nadjat-Haiem 1304401106
...........................................................................................................................................................................................
1 CHECK PROCESSED
105 09/22 409,241.28
..........................................................................................................................................................................................

..........................................................................................................................................................................................
DAILY BALANCES
09/20 5,500,000.00 09/22 5,090,758.72 09/29 2,240,935.13

#:1686
Page 2 of 5
0053034-0000001-0127551
Page 3 ofPage
5 99 of 133 Page ID
#:1687 September 29, 2017
3714
...........................................................................................................................................................................................
INTEREST
Current interest rate is 0.170%
Interest rate changes this interest period: Date New Interest Rate
09/19 0.170%

Page 4 ofPage
0053034-0000002-0127552
#:1689
#:1690
0053034-0000003-0127553
#:1691
Exhibit 52
Page 1 of 5
This Statement: October 31, 2017
Account 3714

0044233 4305-06-1000-CBT-PG0023-00002

EAGAN AVENATTI, LLP
Irvine Branch
Irvine, CA 92614-0000
(949) 223-7500
IMPORTANT INFORMATION ABOUT YOUR ACCOUNT
We have amended and completely rewritten our Deposit Account Agreement. We will soon mail you a copy, but
you can also access it in the Agreement Center at www.calbanktrust.com. The new Agreement will become
effective 30 days after our upcoming mailing. (If you have our eNotice service, we will send electronic notice
rather than mail.) If you have any questions, please call customer service at (800) 400-6080.


2,240,935.13 200,250.90 1,626,205.34 0.00 814,980.69
...........................................................................................................................................................................................
3 DEPOSITS/CREDITS
10/11 100,000.00 DEPOSIT 5353092398
10/18 100,000.00 DEPOSIT 5353019669
...........................................................................................................................................................................................
10 CHARGES/DEBITS
10/10 50,000.00 WIRE/OUT-2017101000003335;BNF The Escrow Connection;REF 4153 1305001058
10/10 580,000.00 WIRE/OUT-2017101000006251;BNF Michael J. Avenatti 1305001850
10/13 80,000.00 WIRE/OUT-2017101300003109;BNF Coblentz Patch Duffy & Bass;RE 1304602153
10/25 228,766.38 WIRE/OUT-2017102500002218;BNF Jennifer Nadjat-Haiem 1304000612
10/31 301,602.30 WIRE/OUT-2017103100008158;BNF OSBORN MACHLER TRUST ACCOUNT 1304201959
10/31 121,468.74 WIRE/OUT-2017103100007949;BNF GLOBAL BARISTAS US LLC;OBI 461 1304201899
10/31 142,191.51 WIRE/OUT-2017103100007948;BNF GLOBAL BARISTAS US LLC;OBI 461 1304201897
...........................................................................................................................................................................................
0 CHECKS PROCESSED

#:1693
Page 2 of 5
0044233-0000001-0139563
Page 3 ofPage
#:1694 October 31, 2017
3714
..........................................................................................................................................................................................

..........................................................................................................................................................................................
DAILY BALANCES
09/29 2,240,758.72 10/10 1,488,758.72 10/18 1,608,758.72
10/04 2,145,758.72 10/11 1,588,758.72 10/25 1,379,992.34
10/05 2,118,758.72 10/13 1,508,758.72 10/31 814,980.69
...........................................................................................................................................................................................
INTEREST
Current interest rate is 0.170% with no rate change this interest period

Page 4 ofPage
0044233-0000002-0139564
#:1696
#:1697
0044233-0000003-0139565
#:1698
Exhibit 53
Page 1 of 5
This Statement: November 30, 2017
Last Statement: October 31, 2017
Account 3714

0044329 4335-06-1000-CBT-PG0023-00002

EAGAN AVENATTI, LLP
Irvine Branch
Irvine, CA 92614-0000
(949) 223-7500


814,980.69 92.66 321,129.94 70,200.00 423,743.41
...........................................................................................................................................................................................
1 DEPOSIT/CREDIT
...........................................................................................................................................................................................
12 CHARGES/DEBITS
11/10 25,000.00 WIRE/OUT-2017111000002977;BNF Biloxi Freezing & Processing 1304600804
11/13 18,171.27 WIRE/OUT-2017111300006071;BNF Alki Bakery Inc 1304401264
11/13 31,737.15 WIRE/OUT-2017111300006072;BNF Dillanos Coffee Roasters 1304401266
11/14 2,500.00 WIRE/OUT-2017111400005316;BNF Humberto R. Gray, APLC;REF Inv 1304301410
11/17 23,470.62 DEBIT MEMO 5353035696
11/20 30,000.00 WIRE/OUT-2017112000005602;BNF James R. Gailey & Associates P 1305801531
...........................................................................................................................................................................................
1 CHECK PROCESSED
0 11/15 70,200.00
..........................................................................................................................................................................................


#:1700
Page 2 of 5
0044329-0000001-0117929
Page 3 ofPage
#:1701 November 30, 2017
3714
..........................................................................................................................................................................................
DAILY BALANCES
10/31 814,729.79 11/15 627,121.37 11/24 522,650.75
11/10 789,729.79 11/17 603,650.75 11/29 479,650.75
11/13 739,821.37 11/20 573,650.75 11/30 423,743.41
11/14 697,321.37 11/21 533,650.75
...........................................................................................................................................................................................
INTEREST
Current interest rate is 0.170% with no rate change this interest period

Page 4 ofPage
0044329-0000002-0117930
#:1703
#:1704
0044329-0000003-0117931
#:1705
Exhibit 54
#:1706
#:1707
#:1708
Exhibit 55
#:1709
#:1710
Exhibit 56
#:1711
#:1712
Exhibit 57
#:1713
#:1714
Exhibit 58
#:1715
#:1716
#:1717
#:1718
#:1719
#:1720
#:1721

Case 8:18-cv-01644-VAP-KES Document 51 Filed 02/12/19 Page 1 of 33 Page ID #:1288

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Droits d'auteur :

Case 8:18-cv-01644-VAP-KES Document 51 Filed 02/12/19 Page 1 of 33 Page ID #:1288

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Droits d'auteur :

Case 8:18-cv-01644-VAP-KES Document 51 Filed 02/12/19 Page 1 of 33 Page ID #:1288

1 Scott H. Sims, State Bar No. 234148

9 UNITED STATES DISTRICT COURT

10 CENTRAL DISTRICT OF CALIFORNIA

17 [Declarations of Jason M. Frank and Brian

1 NOTICE OF MOTION FOR APPOINTMENT OF RECEIVER AND RESTRAINING

MOTION FOR APPOINTMENT OF

7 By: /s/ Scott H. Sims

MOTION FOR APPOINTMENT OF

9 1. THE JFL ARBITRATION.......................................................................... 9

10 2. EA'S BANKRUPTCY .............................................................................. 10

11 3. THE JFL SETTLEMENT ......................................................................... 10

15 1. EA And Avenatti Have Failed To Produce The Financial Records, Client

MOTION FOR APPOINTMENT OF

1 4. During The Bankruptcy, EA Received Millions Of Dollars From

4 5. During The Bankruptcy, Avenatti Received $29 Million In

7 6. Avenatti Has Diverted Millions Of Dollars Of EA Fees After the

11 8. EA Removes Its Furniture and Artwork After Being Evicted .................. 26

12 III. THIS COURT SHOULD APPOINT A RECEIVER ........................................................ 27

13 A. Legal Standard ...................................................................................................... 27

MOTION FOR APPOINTMENT OF

12 City & County of San Francisco v. Daley,

17 Gold v. Gold Realty Co.,

22 Other State Cases

23 Bahamas Surgery Center LLC. V. Kimberly-Clark Corp. et al.,

MOTION FOR APPOINTMENT OF

7 Cal. Code Civ. P.

12 Cal. Code Civ. P.

16 Federal Rules of Civil Procedure Rule 69(a) ..............................................................................8, 27

MOTION FOR APPOINTMENT OF

MOTION FOR APPOINTMENT OF

MOTION FOR APPOINTMENT OF

MOTION FOR APPOINTMENT OF

MOTION FOR APPOINTMENT OF

9 relating to the Judgment as set forth below.

10 1. EA and Avenatti Have Failed to Produce the Financial Records, Client

16 Judge Phillips to determine whether he should be held in contempt. (Id.)

17 2. EA has Violated the Bankruptcy Court’s Restraining Order.

MOTION FOR APPOINTMENT OF

7 (Id. at 43:15-20 (emphasis added).)

MOTION FOR APPOINTMENT OF

3 Client Trust Account Ending Balance

5 July 2018 $333.19

6 Aug. 2018 $181.06

7 Sept. 2018 $4,184.50

8 Oct. 2018 $15,047.53

11 among other non-EA clients. For example:

13  On July 25, 2018, EA transferred $39,650 to Avenatti’s coffee company

17  On September 11, EA transferred $2,500 to AA.

18  On September 12, EA transferred $3,400 to AA.

19  On September 14, EA transferred $2,400 to AA.

21  On October 29, EA transferred $600 to AA.

22  On October 31, EA transferred $4,000 to AA.

23 (Frank Decl., Exs. 21, 22, 24.)

MOTION FOR APPOINTMENT OF

MOTION FOR APPOINTMENT OF

MOTION FOR APPOINTMENT OF

23 June 6, 2017 $150,000 $160,000

24 June 16, 2017 $100,000 $100,000

25 June 23, 2017 $50,000 $50,000

MOTION FOR APPOINTMENT OF

MOTION FOR APPOINTMENT OF

8 (Id., Ex. 43.)

MOTION FOR APPOINTMENT OF

1 Doc. 372, p. 16).

18 4. During the Bankruptcy, EA received Millions of Dollars From Another Case

MOTION FOR APPOINTMENT OF