10000002903

1 DAVID A. JUHNKE, ESQ.
#093932
Email: DJuhnke@sjlmlaw.com
2 ROGER B. FREDERICKSON, ESQ. #161773
Email: RFrederickson@sjlmlaw.com
3 JOSHUA W. MARTIN, ESQ. #254545
Email: JMartin@sjlmlaw.com
4 SINSHEIMER JUHNKE LEBENS & MciVOR, LLP
1010 Peach Street
5 Post Office Box 31
San Luis Obispo, California 93406
6 Telephone: (805) 541-2800
Facsimile: (805) 541-2802
Special Counsel to CHAPTER 11 TRUSTEES
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8
9 UNITED STATES BANKRUPTCY COURT
10 CENTRAL DISTRICT OF CALIFORNIA- NORTHERN DIVISION
11 In re ) Case Nos. 9:08-bk-11457-RR and
9:08-bk-11535-RR
12 ESTATE FINANCIAL, INC.,
)
)
13
14
15
16
) Chapter 11
Debtor. )
) SECOND INTERIM FEE APPLICATION
) OF SINSHEIMER JUHNKE LEBENS &
_______________ )MciVOR, LLP, FOR APPROVAL OF
Inre
ESTATE FINANCIAL MORTGAGE
17 FUND, LLC.,
) POST-PETITION COMPENSATION AND
) REIMBURSEMENT OF EXPENSES;
) DECLARATION OF ROGER B.
) FREDERICKSON, ESQ.; EXIDBITS
)
18
19
20
21
)
Debtor. ) Judge: The Honorable Robin L. Riblet
)
) Date:
) Time:
) Place:
________________ )
September 14, 2009
2:00p.m.
1415 State Street, Courtroom 201
Santa Barbara, California
22 TO THE HONORABLE ROBIN L. RIBLET, UNITED STATES BANKRUPTCY JUDGE FOR
23 THE CENTRAL DISTRICT OF CALIFORNIA, NORTHERN DIVISION, ANY PARTIES
24 ENTITLED TO NOTICE AND THE OFFICE OF THE UNITED STATES TRUSTEE:
25 Sinsheimer Juhnke Lebens & Mcivor, LLP ("SJLM") herein moves for approval of
26 post-petition compensation and reimbursement of expenses from the estates of ESTATE
27 FINANCIAL, INC. ("EFI") and ESTATE FINANCIAL MORTGAGE FUND, LLC ("Fund")
28 pursuant to the Joint Application of Chapter 11 Trustees to Employ SJLM filed November 14, 2008
1
SECOND INTERIM FEE APPLICATION OF SINSHEIMER JUHNKE LEBENS & MciVOR, LLP FOR
APPROVAL OF POST-PETITION COMPENSATION AND EXPENSES; DECLARATION; EXHffiiTS
1 and this Court's Order granting the Joint Application filed December 9, 2008 a copy of which is
2 attached as Exhibit 1. SJLM' s requests for compensation and reimbursement of expenses are set
3 forth below and are supported by the attached Declaration and Exhibits.
4 This is the Second Interim Fee Application submitted by SJLM in this matter. By
5 Order filed May 26, 2009, the Court approved SJLM's First Interim Fee Application covering the
6 time period from October 13, 2008 through February 13,2009 in the total amount of$349,904, and
7 denied without prejudice SJLM' s request for reimbursement of costs because SJLM did not provide
8 a summary by category as required by Local Rule 2016-1. SJLM is resubmitting those costs as part
9 of this Second Interim Fee Application, and this application seeks compensation for services
10 rendered during the time period from February 14, 2009 through July 31, 2009 and for
11 reimbursement of costs incurred during the time period from October 13, 2008 through July 31,
12 2009.
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14
To date, SJLM has been paid the total sum of $122,466.40.
As outlined in the Summary Recap of Fees attached as Exhibit 2, during the period
15 from February 13, 2009 through July 31, 2009 SJLM has provided services to Trustees as follows:
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Matter Total Hours Total Fees
General Collection (00 1) 173.2 $40,009.00
Specific Collection Matters (1 00-160) 1056.2 $255,995.50
Claims Investigation (002) 679.7 $143,202.50
Criminal Case (003) 151.4 $39,576.00
Spondulix Case (004) 149.0 $35,860.50
TOTAL 2/13/09-7/31/09 2209.5 $514,643.50
As outlined Ln the SuiD_ma_ry Recap of Costs attached as Ex_hibit 2, duri_ng the period
from October 13, 2008 through July 31, 2009 SJLM has advanced costs to Trustees as follows:
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28
Category
Attorney Service
Mileage
Lodging
2
Total Costs
$3,729.14
$673.62
$126.50
SECOND INTERIM FEE APPLICATION OF SINSHEIMER JUHNKE LEBENS & MeNOR, LLP FOR
APPROVAL OF POST-PETITION COMPENSATION AND EXPENSES; DECLARATION; EXHIBITS
1
2
3
4
5
Document.Copies from Third Parties
Overnight Delivery Service
Filing and Recording Fees
Total Costs 10/13/08-7/31/09
$13,359.41
1
$1,384.66
$1,342.20
$20,615.53
In this Second Interim Fee Application, SJLM requests an Order authorizing
6 allowance and payment to SJLM of the total amount of $535,259.03, consisting of interim
7 compensation for services rendered by SJLM in the total amount of $514,643.50 and interim
8 reimbursement of costs advanced in the total amount of$20,615.53.
9 1
10
11
PROCEDURAL BACKGROUND.
EFI andFundarethe debtors incase nos. 9:08-bk-11457-RRand 9:08-bk-11535 RR.
On June 25, 2008 creditors filed an involuntary Chapter 11 petition against EFI. On
12 July 11,2008 EFI consented to the entryofanorderforreliefunder chapter 11, and on July 16,2008
13 an order for relief was entered.
14 EFI was the manager of Fund pursuant to the Fund's Operating Agreement. On July
15 1, 2008, EFI filed a voluntary petition under Chapter 11 on behalf of Fund.
16 On July 23, 2008 the Court entered Orders Directing the Appointment of a Chapter
17 11 Trustee Pursuant to 11 U.S.C. 1104(a)(2) in each case. On July 25,2008 the Trustees were
18 appointed by the Office of the United States Trustee, and they accepted their appointments on July
19 28 and 30, 2008. Trustees have served as the Chapter 11 Trustees since that time.
20 Trustees jointly retained SJLM as special counsel to represent Trustees in connection
21 with (1) the collection and foreclosure of obligations owing to the estates, (2) the investigation and
22 pursuit of claims on behalf of the estates and (3) such other matters as may be appropriate. On
23 November 14, 2008, the Trustees filed a Joint Application requesting the appointment of SJLM as
24 special counsel retroactive to October 13, 2008. The Court entered the Order granting that
25 Application on December 9, 2008, a copy of which is attached as Exhibit 1.
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27
Most of this cost relates to copying of documents produced by third party
28 witnesses, with the largest items being investigation files produced by the Department of Real
Estate ($5,597 .59) and the Department of Corporations ($2,418.90).
3
1 2 FACTUAL BACKGROUND.
2 EFI is a California corporation whose former officers were President Karen Guth
3 ("Guth") and Vice President Joshua Yaguda ("Yaguda"). EFI was licensed by the California
4 Department of Real Estate ("DRE") and California Department of Corporations ("DOC") to solicit
5 investments for, arrange, make, and service loans ("Loans") secured by trust deeds on commercial
6 and real property ("Real Property"). EFI was manager of the Fund, which is a California limited
7 liability company organized in 2002 for the purpose of investing in Loans. The Fund has
8 approximately 1,700 members (investors).
9 At the time of filing bankruptcy, EFI had outstanding over 500 Loans funded by more
10 than 1,000 individual investors and by the Fund. The Loans had principal balances over $300
11 million, with approximately $140 million coming from Fund and the remainder from individual
12 investors. Trustees believe that the Fund holds a fractional ownership interest in most of the Loans.
13 All ofthe Loans are in default, and the Trustees are working together to collect the
14 Loans and to obtain ownership of, preserve and sell the Real Property for the benefit of the estates.
15 3
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SJLM SEEKS APPROVAL OF INTERIM COMPENSATIONFORPOST -PETITION
SERVICES RENDERED TO TRUSTEES IN CONNECTION WITH COLLECTION
ACTIVITIES AND INVESTIGATION AND HANDLING OF CLAIMS.
Attached as Exhibits 3-7 are SJLM's invoices setting forth the post-petition services
18 rendered to Trustees in the following areas: (1) General Collection and Foreclosure Activities
19 (Exhibit 3); (2) Collection and Foreclosure of Specific Loans (Exhibit 4); (3) Investigation of Third
20 Party Claims (Exhibit 5); (4) Representation of Trustees in the Criminal Proceeding against Guth
21 and Yaguda (Exhibit 6); and (5) Representation of Trustees in a Lawsuit for Rescission against
22 Spondulix Company (Exhibit 7). Those services and the billing rates of SJLM personnel are
23 summarized in Exhibit 2. A brief description of those services follows.
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3.1 General Collection and Foreclosure Activities.
Fees:
Costs:
$40,009.00 (173.2 hours)
$2,134.73
As set forth in Exhibit 3, SJLM assisted the Trustees with researching and analyzing
28 issues relating to collection and foreclosure, and in reviewing issues relating to loans and properties
4
APPROVAL OF POST -PETITION COMPENSATION AND EXPENSES; DECLARATION; EXHIBITS
1 for which a separate file was not opened. At the direction of the Trustees, SJLM reviewed loan
2 documents and analyzed collection and foreclosure issues, reviewed and addressed issues relating
3 to property title and encumbrances including mechanic's liens, and provided assistance and support
4 to Trustees' bankruptcy counsel relating to issues concerning various loans and properties.
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6
7
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3.2 Collection and Foreclosure of Specific Loans.
Fees:
Costs:
$255,995.50 (1056.2 hours)
$5,341.87
As set forth in Exhibit 4, SJLM assisted the Trustees in handling numerous specific
9 collection matters. As directed by the Trustees, specific matters were opened and fees were allocated
10 by borrower and/or project. At the direction of the Trustees, SJLM reviewed loan documents,
11 determined the status of loans and properties, identified and researched issues relating to loans,
12 properties, and collection, and provided reports and recommendations to Trustees. SJLM also
13 assisted Trustees in recovering and protecting properties, pursuing collection against the borrower
14 and/ or guarantors, and negotiating and documenting agreements with borrowers, guarantors and/ or
15 third parties. The following is a brief summary of actions taken on each specific loan.
16 D. A. Fetyko- Atascadero Colony (B141-05 through B164-05)
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18
Fees: $1,881 (6.6 hours)
At the direction of the Trustees, SJLM negotiated a settlement agreement with the
19 borrower and guarantor, obtained and reviewed fmancial records to determine the solvency of the
20 borrower and guarantor, drafted settlement documents, and prepared for an examination under oath
21 of the borrower and guarantor.
22 D. A. Fetyko- Avila Beach (B108-06 through Bll0-06)
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24
Fees: $1,385.50 (4.8 hours)
27 ofthe borrower and guarantor.
28 II II
5
1 D. A. Fetyko- Carmel Road (Bll0-04 through B126-04)
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3
Fees: $1,396.50 (4.9 hours)
7 D. A. Fetyko- N Street, San Miguel (B411-05)
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9
Fees: $2,027.50 (7.0 hours)
13 In addition, SJLM researched and investigated title issues concerning the property,
14 prepared a report of the investigation, made demand on the title insurance company relating to title
15 issues on the property, and assisted the Trustees with foreclosure of the property.
16 D. A. Fetyko- Rockview Place (B339-03 through B341-03)
17
18
Fees: $1,453.50 (5.1 hours)
At the direction qf the Trustees, SJLM negotiated a settlement agreement with the
22 Doya Partners, LLC- Montebello Oaks (B556-04 through B563-04, B570-04, B575-04,
23 B577-04, B581-04 through B583-04)
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25
Fees: $6,259.00 (28.8 hours)
At the direction of the Trustees, SJLM reviewed the loan file, analyzed title and
26 foreclosure issues, and developed and helped to implement a foreclosure strategy. SJLM researched
27 and developed a strategy for obtaining reconveyance of Assignments of the EFI Trust Deeds,
28 negotiated with Heritage Oaks Bank to obtain a Stipulation rescinding the Assignments, and
6
1 prepared the Stipulations and Order rescinding the Assignments.
2 Doya Partners IT, LLC- Regio Place (B190-06, B670-04, B672-04, B676-04 through B
3 677 A-04, B680-04 through B684A-04, B687-04, B687 A-04, B689-04, B689A-04, B691-04
4 through B696A-04, B698A-04)
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6
Fees: $750.00 (3.0 hours)
At the direction of the Trustees, SJLM reviewed lien priority issues raised by
7 Consolidated Propertys' Motion for Relief from Stay and consulted with Trustees and their
8 bankruptcy counsel on the issue.
9 Madison Chase Homes, LLC- Madison Chase (B166-05, B206-06, B208-06 through
10 B209-06, B211-06 through B214-06, B218-06 through B221-06, B225-06, B227-06
11 through B228-06)
12
13
Fees: $1,827.00 (8.7 hours)
At the direction of the Trustees, SJLM reviewed the loan file, analyzed title and
14 foreclosure issues, and developed and helped to implement a foreclosure strategy.
15 Steven Ching- Thousand Oaks (B140-06 through B147-06)
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17
Fees: $5,304.50 (19.7 hours)
At the direction of the Trustees, SJLM obtained and reviewed borrower and guarantor
18 documents and records in support of claim of insolvency and scheduled and prepared for borrower
19 and guarantor's examination under oath.
20 In addition, SJLM reviewed documents indicating that borrower had transferred the
21 security to a bankrupt entity, reviewed bankruptcy filings relating to the entity and property, entered
22 into discussions with the Chapter 7 Trustee regarding a Stipulation in support of Motion for Relief
23 from Stay, and prepared a Motion for Relief from Stay to permit foreclosure.
24 The Village at Mission Lakes -Mission Lakes (B106-06)
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26
Fees: $6,318.50 (24.0 hours)
At the direction of the Trustees, SJLM researched and analyzed a number of
27 mechanic's lien claims and provided advice and strategies to the Trustees in that regard. SJLM
28 reviewed loan files and materials to address various title issues and priorities of title claims. SJLM
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1 assisted the Trustees' bankruptcy counsel with an opposition to a Motion for Relief from Stay sought
2 by a mechanic's lien holder by researching the mechanic's lien claim and title records, preparing a
3 memorandum of fmdings, and providing a recommended strategy.
4 D&D Projects, LLC- Mojave (B570-05)
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6
Fees: $643.50 (3.9 hours)
At the direction of the Trustees, SJLM reviewed and researched various title issues
7 involving the security and prepared a report to the Trustees with analysis and recommendations.
8 Claire Manor, LLC- Tract 426, Corcoran (Bl25-05, Bl28-05 through B140-05)
9 Fees: $15,692.50 (64.0 hours)
10 At the direction of the Trustees, SJLM negotiated and prepared an agreement
11 permitting an investor to foreclose on the trust deed, prepared the necessary documents, created an
12 escrow, and facilitated the execution and filing of the documents. In addition, SJLM investigated
13 various title issues and regulatory issues involving the property, assisted the Trustees in their efforts
14 to obtain marketable title to the property, and assisted with the foreclosure of the property.
15 Morro Bay Four, LLC- Morro Avenue (B530-05 through B533B-05)
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17
Fees: $171.00 (0.6 hours)
At the direction of the Trustees, SJLM investigated and researched a specific issue
18 pertaining to title ofthe property.
19 Highwater Granada Hills, LLC - Highwater Estates (B184-04 through B203-04)
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21
Fees: $854.00 (4.9 hours)
At the direction of the Trustees, SJLM researched and investigated a specific issue
22 pertaining to title of the property and a claim asserted by third party MKA Associates.
23 Republic Properties, Inc., et al.- Cupertino (B302-02, B304-02, B507-00)
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25
Fees: $578.50 (4.3 hours)
At the direction of the Trustees, SJLM investigated and researched a specific issue
26 pertaining to title of the property and certain encumbrances.
27 II I I
28 II I I
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1 Viana Development, LLC - Morro Lots (B122-07)
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3
Fees: $2,056.00 (7 .6 hours)
At the direction of the Trustees, SJLM investigated and researched issues relating to
4 the issuance of several related loans, use of proceeds from those loans, title issues on the properties,
5 and potentialliability of the borrower and guarantors. SJLM prepared a report and recommendations
6 to the Trustees concerning fmdings and possible strategies. SJLM made a demand on the borrower
7 and guarantor for fmancial information and correction of title defects.
8 Viana Development, LLC- Nutmeg (B121-07)
9 Fees: $5,011.00 (18.2 hours)
10 At the direction of the Trustees, SJLM investigated and researched issues relating to
12 and potential liability of the borrower and guarantors. SJLM prepared a report and recommendations
13 to the Trustees concerning fmdings and possible strategies. SJLM made a demand on the borrower
15 First Press Partners, LLC- Tierra Vista (B533-04 through B552-04, B630-03, B955-02)
16 Fees: $39.00 (0.3 hours)
17 At the direction of the Trustees, SJLM reviewed certain loan documents.
18 Carole Deane, LLC - Carole Deane (B405-05)
19 Fees: $5,107.50 (19.8 hours)
20 At the direction of the Trustees, SJLM investigated and researched various issues
21 pertaining to the title of the property and certain encumbrances, and provided the Trustees with a
22 report and recommendation. In addition, SJLM assisted the Trustees in clearing the title of a stale
23 lis pendens. SJLM also reviewed documents relating to disbursement and use ofloan proceeds and
24 identified potential issues in that regard.
25 II II
26 I I I I
27 II II
28 II II
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1 Dorama, LLC- Desert Hot Springs (B191-05 through B206-05, B209-05, B211-05,
2 B214-05, B218-05 through B228-05, B230-05 through B231-05, B233-05, B236-05
3 through B237-05, B242-05, B246-05, B255-05, B267-05, B272-05, B455-04)
4
5
Fees: $33,918.00 (142.30 hours)
At the direction ofthe Trustees, SJLM investigated and researched various issues
6 pertaining to the title of the property and certain encumbrances, and provided the Trustees with a
7 recommendation in that regard. In addition, SJLM researched, investigated and tendered title
8 insurance claims pertaining to th.e loans and pursued ti?-e matter w!th theCctitle msurance company.
9 At the direction of the Trustees, SJLM identified issues relating to foreclosure of the
10 properties and made recommendations in that regard. SJLM assisted the Trustees in their efforts to
11 foreclose on the properties, and dealt with officials from the City of Desert Hot Springs relating to
12 various issues involving the status and security of the properties. SJLM provided reports and
13 recommendations to the Trustees in that regard.
14 At the direction of the Trustees, SJLM analyzed and researched a number of
16 assisted the Trustees' bankruptcy counsel with a response to the TWF mechanic's lien claim by
17 researching the claim and preparing a report of fmdings and recommended strategy.
18 Oak Shores, LLC- Tract 2162 (B502-05)
19 Fees: $6,384.00 (22.4 hours)
20 At the direction of the Trustees, SJLM participated in extensive settlement
21 negotiations with the borrower and assisted the Trustees and their agents in that regard. SJLM
22 obtained and reviewed documents and records provided by the borrower and guarantor in support
23 of their claim of insolvency, and provided the Trustees with recommendations in that regard.
24 Del Valle Capital Corporation -Monte Vista Estates (B536-05)
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26
Fees: $3,457.00 (18.0 hours)
At the direction of the Trustees, SJLM investigated and researched a performance
27 bond issue raised by a project subcontractor and prepared a report to the Trustees with
28 recommendations in that regard.
10
1 Wolf House Inn, LLC -Arnold Drive (Bl 00-07)
2
3
Fees: $484.50 (1.7 hours)
At the direction of the Trustees, SJLM assisted in revising a proposed forbearance
4 and subordination agreement relating to the loans.
5 Alan Little Ventures No.1, LLC- Alan Little Pismo (San Luis Drive) (B168-05, B170-
6 05, Bl72-05 through B174-05, B176-05 through Bl83-05)
7
8
Fees: $9,005.00 (34.7 hours)
At the direction of the Trustees, SJLM reviewed the loan files and developed and
9 implemented a collection strategy.
10 SJLM also assisted the Trustees in negotiating an agreement permitting access to the
11 property and testing of the property for contamination, prepared an agreement in that regard, and
12 facilitated the execution ofthe agreement.
13 In addition, SJLM researched and investigated possible insurance coverage available
14 to the Trustees relating to the contamination claim, and negotiated with the borrower and guarantor
15 with regard to the assignment of their claims arising from that contamination.
16 Pierce Monte Vista, LLC- Pierce Monte Vista (B579-05 through B581-05, B586-05,
1 7 B588-05 through B596-05)
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19
Fees: $11,785.00 (44.6 hours)
At the direction of the Trustees, SJLM analyzed and researched a number of
21 reviewed loan and foreclosure files and materials to determine various title issues and priorities of
22 title claims. SJLM assisted the Trustees' bankruptcy counsel with an opposition to a Motion for
23 Relief from Stay brought by a mechanic's lien holder by researching the claim and title records and
24 by preparing a memorandum of fmdings and recommended strategy.
25 Tiffini R. Hughes Investments, LLC- Tifimi Hughes (BlOl-08)
26
27
Fees: $12,832.00 (44.0 hours)
At the direction of the Trustees, SJLM researched and investigated issues relating to
28 the reconveyance and subordination of EFI' s first trust deed to a new loan issued by Spondulix
11
1 Company, and provided a report and recommendations in that regard.
2 At the direction of the Trustees, SJLM rescinded the documents by which EFI
3 reconveyed and subordinated the EFI loan to the Spondulix trust deed. SJLM assisted the Trustees'
4 bankruptcy counsel in opposing a Motion for Relief from Stay brought by Spondulix to permit
5 foreclosure of their trust deed.
6 After Spondulix obtained relief from stay to foreclose on the property, the Trustees
7 directed SJLM to file a state court action to rescind the reconveyance and subordination and to stop
8 the foreclosure. Work performed in connection with that lawsuit is contained in a separate matter
9 (Spondulix Case) described below.
10 WLF Ventures, Inc.- Gardality Unlawful Detainer (B311-04)
11
12
Fees: $12,680.50 (66.7 hours)
At the direction of the Trustees, SJLM initiated unlawful detainer proceedings against
13 the borrower who had been residing in the property now owned by the Trustees. SJLM prepared for
14 and tried the action, which was contested by the bprrower. SJLM obtained a Judgment, and assisted
15 in the eviction of the borrower from the property.
16 Mr. C Investments- Komush Unlawful Detainer (B510-05)
17
18
Fees: $2,126.00 (10.6 hours)
At the direction of the Trustees, SJLM obtained a writ of possession and facilitated
19 the Sheriff's eviction of the tenant so that the Trustees could obtain possession of the property.
20 Winslow Properties and Development- Winslow (B497-05 through B501-05, B546-05
21 through B552-05)
22 Fees: $39.00 (0.3 hours)
23 At the direction of the Trustees, SJLM provided information concerning foreclosure.
24 Farralone Estates, LLC - Farralone Estates (B184-05, B190-05, B639-05, B645-05)
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26
Fees: $513.00 (1.8 hours)
At the direction of the Trustees, SJLM revised the short pay and mutual release
27 agreement pursuant to the request of the borrower and guarantor.
28 II II
12
1 Templeton Mixed Use Partners, LP- Ramada Drive (B107-06, B237-04)
2
3
Fees: $5,907.00 (20.7 hours)
At the direction of the Trustees, SJLM reviewed the loan files and researched and
4 prepared a litigation analysis with regard to potential claims against the borrower and/ or guarantors.
5 Covington Property Holdings, LP - Kerman (B306-06)
6 Fees: $14,054.00 (63.2 hours)
7 At the direction of the Trustees, SJLM reviewed the loan file to develop and
8 implement a collection strategy, prepared a summary of the loan file, and prepared a report and
9 recommendation to the Trustees regarding that strategy.
10 In addition, SJLM conducted extensive settlement negotiations with the borrower and
11 guarantor, prepared a settlement agreement and release, obtained and reviewed documents and
12 records provided in support of insolvency claims by borrower and guarantor, and traveled to and
13 conducted an examination under oath of borrower and guarantor.
14 Villa Granada, Inc.- Madera (B307-06)
15
16
Fees: $4,259.00 (18.3 hours)
At the direction of the Trustees, SJLM reviewed the loan file to develop and
17 implement a collection strategy, prepared a summary of the loan file, and prepared a report and
19 Spradling Construction - Spradling (B399-05)
20
21
Fees: $1,748.50 (6.9 hours)
At the direction of the Trustees, SJLM negotiated and prepared a short pay agreement
22 and a settlement agreement with borrower.
23 Michael Mugford Builder, Inc.- Mugford Tehachapi (B196-06)
24
25
Fees: $1,233.00 (6.3 hours)
At the direction of the Trustees, SJLM reviewed the loan and foreclosure files to
26 develop a collection strategy, prepared a summary of the loan and foreclosure files, and prepared a
27 report and recommendation to the Trustees regarding that strategy.
28 II I I
13
APPROVAL OF POST-PETITION COMPENSATION AND EXPENSES; DECLARATION; EXHffiiTS
1 In addition, SJLM obtained and reviewed borrower's Chapter 7 bankruptcy filing and
2 contacted the Chapter 7 Trustee to obtain a stipulation for release from stay of the property securing
3 EFI' s loan.
4 Charnley Land, Inc.- Selma (B148-06)
5
6
Fees: $10,478.50 (37.2 hours)
At the direction of the Trustees, SJLM reviewed the loan file to develop a collection
7 strategy, prepared a summary of the loan file, and prepared a report and recommendation to the
8 Trustees regarding that strategy.
9 In addition, SJLM investigated and researched the circumstances surrounding
10 issuance of the EFI loan secured by a second trust deed, issuance of the senior loan on the property,
11 and the potential liability of the borrower and guarantors. SJLM prepared a report and
12 recommendations to the Trustees concerning fmdings, possible foreclosure strategies, and possible
13 pursuit of the borrower and guarantors.
14 At the direction of the Trustees, SJLM researched and developed a strategy for
15 obtaining reconveyance of Assignments of the EFI Trust Deeds, negotiated with Heritage Oaks Bank
16 to obtain a Stipulation rescinding the Assignments, and prepared the Stipulations and Order
1 7 rescinding the Assignments. SJLM communicated with the senior lienholder regarding a foreclosure
18 ofthat security interest, and assisted the Trustees in developing a strategy for addressing the issue.
19 Charnley Land, Inc. - Dinuba (B154-06)
20 Fees: $1,976.00 (8.0 hours)
21 At the direction of the Trustees, SJLM reviewed the loan file to develop a collection
22 strategy, prepared a summary of the loan file, and prepared a recommendation to the Trustees
23 regarding that strategy.
24 Buellton Industrial Partners- Industrial Way (B367-05)
25
26
Fees: $2,080.50 (8.0 hours)
At the direction of the Trustees, SJLM negotiated and prepared a forbearance
27 agreement with the borrower and guarantor.
28 II II
14
1 Alan L. Forrest- Seaside (B221-04)
2
3
Fees: $4,340.00 (20.2 hours)
5 recommendation to the Trustees regarding that strategy. SJLM also assisted the Trustees with
6 foreclosure issues relating to the property.
7 In addition, SJLM investigated, researched and obtained an expedited renewal ofthe
8 water permit for the property, and negotiated with building professionals to continue with
9 development of the property.
10 John King- Creekside Lane (B519-05 through B525-05)
11 Fees: $4,902.00 (17.2 hours)
12 At the direction of the Trustees, SJLM participated m extensive settlement
13 negotiations with the borrower and prepared recommendations to the Trustees in that regard.
14 In addition, SJLM prepared a litigation analysis and recommendations concerning the
15 Trustees' potential claims against the borrower and/or the guarantors.
16 24th Street Towne Homes- 24th Street (B116-05 through B123-05, B116A-05 through
17 B123A-05)
Fees: $13,051.5 (56.3 hours)
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18
19 At the direction of the T r u s t e e s ~ SJLM reviewed the loan file to develop a collection
22 At the direction of the Trustees, SJLM researched and investigated issues relating to
23 the reconveyance and subordination ofEFI' s first trust deeds to new loans issued by another lender.
24 SJLM also researched and developed a strategy for obtaining reconveyance of Assignments of the
25 EFI Trust Deeds, negotiated with Heritage Oaks Bank to obtain a Stipulation rescinding the
26 Assignments, and prepared the Stipulations and Order rescinding the Assignments:
27 II I I
28 II II
15
1 Alan L. Forrest - Monterey (B191-06 and B192-06)
2
3
Fees: $9,979.50 (42.2 hours)
6 At the direction of the Trustees, SJLM assisted with foreclosure of property and
7 opposed the borrower's ex parte application seeking to prevent foreclosure. SJLM assisted the
8 Trustees in recovering possession ofthe property, recovery of rents improperly paid to borrower, and
9 recovery of tenant security deposits.
10 JLK, LLC - Ranchita Canyon (B523-04, B299-06, B300-06)
11 Fees: $7,271.00 (28.1 hours)
12 At the direction of the Trustees, SJLM reviewed the loan files to develop a collection
13 strategy, prepared a summary of the loan files, and prepared a recommendation to the Trustees
15 At the direction of the Trustees, SJLM also investigated and researched various issues
16 pertaining to the title of the property and certain encumbrances and provided the Trustees with a
1 7 recommendation in that regard. In addition, SJLM researched, investigated and tendered title
18 insurance claims pertaining to the loans and pursued the matter with the title insurance company.
19 At the direction of the Trustees, SJLM identified issues relating to foreclosure of the
20 properties and made recommendations in that regard. SJLM assisted the Trustees in their efforts to
21 foreclose on the properties.
22 Bethel Estates- Bethel Estates (B412-05 and B417-05)
23 Fees: $2,106.50 (10.2 hours)
24 At the direction ofthe Trustees, SJLM reviewed the loan files to develop a collection
25 strategy, prepared a summary of the loan files, and prepared a recommendation to the Trustees
27 II I I
28 I I I I
16
APPROVAL OF POST-PETITION AND EXPENSES; DECLARATION; EXHIBITS
1 Oakview Development -Willow Road (B171-04 and B305-06)
2
3
Fees: $2,642.50 (11.6 hours)
5 recoii11ilendation to the Trustees regarding that strategy.
6 In addition, SJLM entered into settlement negotiations with the borrower and
7 guarantor, obtained and reviewed documents and records produced by the borrower and guarantor
8 in support oftheir claim of insolvency, and provided recommendations to the Trustees in that regard.
9 Brian Todd Morales- Norco (B125-07)
10 Fees: $858.00 (4.6 hours)
14 August Liebelt- Lot 14, Paso Robles (B236-06)
15 Fees: $533.00 (3.1 hours)
19 Sanger Land Holdings & Mr. C. Investments- Sanger (B485-04)
20 Fees: $1,917.50 (9.6 hours)
21 At the direction of the Trustees, SJLM reviewed the loan and foreclosure files to
23 recommendation to the Trustees regarding that strategy. SJLM also assisted the Trustees with
24 foreclosure issues relating to the property.
25 John Esposito- Cayucos (B101-07)
26
27
Fees: $6,015.50 (23.2 hours)
At the direction of the Trustees, SJLM investigated and researched issues relating to
17
1 and potential liability of the borrower and guarantors. SJLM prepared a report and recommendations
2 to the Trustees concerning findings and possible strategies. SJLM made a demand on the borrower
4 Walter L. Moore- The Bungalows (B553-05 through B569-05)
5
6
Fees: $4,068.50 (21.4 hours)
9 At the direction of the Trustees, SJLM obtained and reviewed borrower's Chapter 7
10 bankruptcy filing and contacted the Chapter 7 Trustee to obtain a stipulation for release from stay
11 of the property securing EFI's loan. In addition, SJLM prepared a Motion for Relief from Stay.
12 Creekside Estates 1 at Squaw Valley- Squaw Valley (B252-04, B259-04, B261-04
13 through B263-04)
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Fees: $4,593.50 (16.6 hours)
At the direction ofthe Trustees, SJLM prepared agreements with the borrower, deeds
16 in lieu of foreclosure, and releases.
17 3.3. Investigation of Third Party Claims.
18
19
Fees:
Costs:
$143,202.50 (679.70 hours)
$12,031.62
20 As set forth in SJLM's invoice attached as Exhibit 5, at the direction of the Trustees
21 SJLM has investigated and analyzed claims against third parties relating to prior dealings with EFI
22 and Fund. Since the detailed billing statements contain attorney-client communications and attorney
23 work product relating to ongoing investigations, Exhibit 5 has been redacted to remove specific
24 references to individuals and areas of inquiry. An unredacted copy of Exhibit 5 has been provided
25 to the United States Trustee, the Equity Committee and the Creditors Committee. A copy of the
26 unredacted Exhibit 5 will be available for the Court to review at the hearing, and a copy will be
27 submitted under seal prior to the hearing if the Court desires.
28 I I II
18
APPROVAL OF POST-PETITION COMPENSATION AND EXPENSES; DECLARATION; EXIDBITS
1 SJLM has discussed with the Trustees and Co111lllittees the nature and identity of
2 potential claims and the information and analysis required to determine whether those claims are
3, viable and whether there are assets or insurance from which a recovery might be obtained for the
4 benefit of the estates. SJLM has provided the Trustees and Committees with regular updates on the
5 progress of these efforts, which is summarized below.
6
7
3.3.1 Collection ofDocuments.
At the direction of the Trustees, SJLM collected and reviewed documents from third
8 parties relating to the prior operations and fmances ofEFI and the Fund. In January 2009 SJLM sent
9 letters and draft subpoenas to numerous third parties who were believed to have information relating
10 to EFI and Fund, pursuant to Federal Rule of Bankruptcy Procedure 2004 and Local Rule 2004-1.
11 Many witnesses voluntarily produced documents a.J?.d electronic files, including email, while other
12 witnesses required a formal motion under Rule 2004.
13 To date, SJLM has received more than 120 boxes of documents and more than 40
14 gigabytes of electronic data. The process of obtaining and reviewing those documents continues.
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EFI Files. LECG has possession of more than 244 boxes of documents removed
from the offices of EFI, which can be accessed by SJLM as needed.
EFI Email and Electronic Files. SJLM obtained electronic versions ofEFI email
and data files from EFI hard drives which total approximately 30 gigabytes of data.
Documents from Former Counsel and Consultants. SJLM obtained documents
and electronic files (including email) from selected former counsel and consultants
for EFI and Fund, which collectively consists of more than 60 boxes and more than
one gigabyte of electronic data.
Bryan Cave, LLP. The firm produced 42 boxes of documents and
approximately one gigabyte of electronic email files.
Stein & Lubin, LLP. The frrm produced one box of documents, and stated
that additional boxes will be forthcoming. SJLM is pursuing the matter.
Diehl & Rodewald. The firm produced six boxes of documents.
Doss Law Group, LLP. The frrm produced six boxes of documents.
19
APPROVAL OF POST -PETITION COMPENSATION AND EXPENSES; DECLARATION; EXHIBITS
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Pillsbury & Levinson, LLP. The firm produced one expando of documents.
Robin Fairbairn, Esq. The attorney produced several file folders of
documents.
David U re, Esq. The attorney claims that all documents were lost during the
move of his office, and has signed a declaration of no records.
Jeffrey Benice, Esq. The attorney produced electronic files, and stated that
all original files were delivered to attorney Steve Smith.
Steven Smith, Esq. The attorney represents Guthin the criminal proceeding,
and originally stated that he has no files relating to EFI or Fund. SJLM
pursued the matter and Smith eventually produced one box of documents.
Guy Puccio. The consultant produced four boxes of documents.
Documents From Former Accountants and Bookkeeper. SJLM obtained
documents from EFI's former accountant and bookkeeper, as follows:
Accountants Seid & Zucker ("S&Z"). After filing a 2004 Motion, S&Z
produced electronic files (including email) which total more than 10
gigabytes of data.
Bookkeeper Pam Eichenberg. The bookkeeper claims that she has no
documents, and has signed a declaration of no records.
Documents From Heritage Oaks Bank ("HOB"). HOB has produced more than
20 boxes bank account statements, loan files, and transactional documents for 10
different bank accounts (checks, deposits, wire transfers). HOB continues to produce
additional records.
Documents from DOC and DRE. After SJLM filed a 2004 Motion, DOC and DRE
produced more than 20 boxes relating to the investigation ofEFI and Fund.
Documents from Charles Applebaum ("Applebaum"). Applebaum is the former
husband and business partner of EFI President Guth. After SJLM filed a 2004
Motion and negotiated a Stipulated Protective Order, Applebaum produced two
boxes of documents relating to the divorce proceeding and business operations of
20
1
2
3
EFI, Fund, and related entities.
3.3.2 Tender oflnsurance Claims.
At the direction of the Trustees, SJLM worked with the insurance agent for EFland
4 Fund to identify current and prior policies. SJLM has identified and tendered potential claims under
5 insurance policies covering Errors & Omissions, Commercial General Liability, Lender's, and
6 Commercial Crime. SJLM is responding to requests for information from the carriers, and is
7 pursuing coverage under those policies.
8
9
3.3 .3 Analysis of Third Party Claims.
At the direction of the Trustees, SJLM has analyzed potential claims and provided
10 reports and recommendations to Trustees. Additional reports and recommendations are in process.
11 As noted in the section on Collection and Foreclosure of Specific Loans, SJLM also has investigated
12 and addressed claims relating to specific projects as they have arisen.
13 At the direction of the Trustees, SJLM recovered 24 Assignments of Trust Deeds
14 executed by EFI and Fund in favor of HOB in April2008 as security for a $1.1 million advance on
15 the EFI credit line used to pay a personal obligation owing from EFI President Guth to Applebaum.
16 The original principal balance of the Trust Deeds which were assigned to HOB was $40 million.
17 In April 2009, SJLM obtained from HOB an agreement to rescind the Assignments, which was
18 documented by Stipulations filed May 29,2009 and confirmed by Orders filed June 12, 2009.
19
20
21
3.4 Criminal Case (People v. Guth andY aguda, SLO Sup Ct Case No. F000423908).
Fees:
Costs:
$39,576.00 (151.4 hours)
$520.31
22 On October 16, 2008, the San Luis Obispo County District Attorney ("DA') filed a
23 criminal action against former EFI President Guth and former EFI Vice-President Y aguda. Guth and
24 Y aguda were arrested, and remain in custody pending $5 million bail.
25 The DA requested and the Court issued a Temporary Restraining Order under
26 California Penal Code section 186.11 freezing the assets of Guth, Y aguda and their business entities
27 ("TRO"). In November 2008, the Trustees directed SJLM to file a Claim to Property and Assets in
28 the Criminal Case on behalf of the Trustees.
21
APPROVAL OF POST-PETITION COMPENSATION AND EXPENSES; DECLARATION; EXIUBITS
1 Commencing in March 2009, the Trustees directed SJLM to participate in the
2 criminal proceedings to the extent that issues involve the TRO and the property of Guth, Y aguda or
3 their business entities. SJLM filed briefs and appeared at hearings on behalf of Trustees with regard
4 to the following proposals for modification of the TRO and release or disposal of assets:
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Release and Sale of Service Stations Belonging to Templeton Products, Inc.
("TPI"). Guth and Applebaum formed TPI in 1987 to acquire and operate two gas
stations. Beginning in 1997, EFI made loans to TPI for operating expenses, which
loans were documented in March 2006 by a Promissory Nate and Trust Deeds on the
service stations. TPI received offers to purchase the service stations, and the Court
was asked to modify the TRO to permit those sales to occur. SJLM represented the
Trustees in extensive negotiations with the DA, Applebaum, secured lender HOB,
and Guth over the terms of the sale. Pursuant to Court Order, the service stations
have been,sold and the proceeds deposited into Court pending further Order.
Release of 9th Street Office Building and Vineyard Drive Property. Guth and
Applebaum own the building in which the EFI office was located ("9th Street Office
Building"), and Guth owns the ranch property on Vineyard Drive where she lived
prior to incarceration ("Vineyard Drive Property"). HOB has liens on both
properties, and asked the Court to release the properties so that it might foreclose.
Applebaum joined in the request with respect to the gth Street Office Building. On
behalf ofTrustees SJLM opposed the request on the grounds that there may be equity
in the properties which could benefit the estates. The motions were denied.
Release and Sale of Willow Creek Olive Oil, LLC ("Willow Creek"). Guth owns
Willow Creek, an olive oil business located on the Vineyard Drive Property.
Y aguda' s wife claims to be managing the business, and asked the Court to authorize
a sale of the business to her. On behalf of Trustees SJLM opposed the request. The
motion was denied.
Release of Funds for Defense Costs. Defense counsel for Guth and Y aguda asked
the Court to release funds seized at the time of arrest in order to pay defense costs.
22
1 On behalf of Trustees SJLM opposed the request. The motion was denied.
2 The services performed by SJLM in connection with the Criminal Case are detailed
3 in Exhibit 6. Since the detailed billing statements contain attorney-client communications and
4 attorney work product, Exhibit 6 has been redacted to remove specific references to individuals and
5 areas of inquiry. An unredacted copy of Exhibit 6 has been provided to the United States Trustee,
6 the Equity Committee and the Creditors Committee. A copy of the unredacted Exhibit 6 will be
7 available for the Court to review at the hearing, and a copy will be submitted under seal prior to the
8 hearing if the Court desires.
9
10
11
3.5 Spondulix Case (EFI v. Spondulix Company, SLO Sup Ct Case No. CV098234).
Fees:
Costs:
$35,860.50 (149.0 hours)
$587.00
12 In May 2006, EFI issued 32loans totaling $16.6 million to Tiffmi R. Hughes, LLC
13 ("Hughes") for development of a residential subdivision in Bakersfield. The loans were secured by
14 a single trust deed, and EFI sold fractionalized interests in the trust deed to more than 120 investors.
15 EFI disbursed more than $6 million on the loans. In December 2007, Hughes asked
16 EFI to subordinate its trust deed to a new loan from Spondulix Company totaling $7 million. In
17 January 2008, EFI reconveyed the existing trust deed and obtained a new note and trust deed from
18 Hughes in the amount of $6.9 million which was then subordinated to the Spondulix loan.
19 Spondulix disbursed $4 million, of which nearly $1.5 million was paid to Spondulix
20 in fees and interest. Neither the offsite improvements nor any individual units were completed. At
21 the direction of the Trustees, on March 3, 2009 SJLM notified Spondulix that EFI was rescinding
22 the reconveyance and subordination due to failure of consideration and mistake of fact. .
23 At the direction of the Trustees, on June 12, 2009, SJLM filed a Complaint for
24 Rescission in the San Luis Obispo Superior Court. On June 16, 2009, EFI received a Notice of
25 Default on the Spondulix trust deed. At the direction of the Trustees, on July 31, 2009, SJLM filed
26 a Motion for Preliminary Injunction to prevent Spondulix from foreclosing on the property pending
27 trial ofEFI's claim for rescission. The Motion is scheduled for hearing on September 8, 2009.
28 II I I
23
1 The services performed by SJLM in connection with the Spondulix Case are detailed
2 in Exhibit 7. Since the detailed billing statements contain attorney-client communications and
3 attorney work product, Exhibit 7 has been redacted to remove specific references to individuals and
4 areas of inquiry. An unredacted copy of Exhibit 7 has been provided to the United States Trustee,
5 the Equity Committee and the Creditors Committee. A copy of the unredacted Exhibit 7 will be
6 available for the Court to review at the hearing, and a copy will be submitted under seal prior to the
7 hearing if the Court desires.
8 4 CONCLUSION AND REQUEST FOR INTERIM COMPENSATION.
9 Exhibit 2 contains a listing ofthe hourly billing rates for the attorneys and paralegals
10 who rendered services to the Trustees:
11
12
13
14
15
16
17
18
David A. Juhnke, Partner $310.00
Roger B. Frederickson, Partner $285.00
Kevin D. Elder, Associate $250.00
Joshua W. Martin, Associate $195.00
Gina D. Axsom, Senior Paralegal $130.00
Michelle M. Healey, Paralegal $100.00
Nancy L. Driscoll, Paralegal $90.00
Attached as Exhibit 9 is a brief description of the education and professional
19 experience of the attorneys and paralegals who rendered services to the Trustees.
20 As summarized on Exhibit 2 and stated in detail in Exhibits 3-7, the total services
21 provided to Trustees are as follows:
22 General Collection. Between February 14,2009 andJuly31, 2009, SJLMexpended
23 173.2 hours and $40,009.00 in fees in connection with General Collection and
24 Foreclosure Activities, as shown on Exhibit 3 and summarized by professional:
25 43.9 hours at $310/hour (pAJ) = $13,609.00
26 56.2 hours at $285/hour (RBF) = $16,017.00
27 3.0 hours at $250/hour (KDE) = $750.00
28 8.0 hours at $195/hour (JWM) = $1,560.00
24
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62.1 hours at $130/hour (GDA) = $8,073.00
SJLM has advanced costs on behalf of the Trustees for the period October 13, 2008
through July 31,2009 in the amount of$2,134.73, as shown on Exhibit 3, page 18.
Specific Collection and Foreclosure Matters. Between February 14, 2009 and July
31,2009, SJLM expended 1,056.2 hours and $255,995.50 in fees in connection with
Specific Collection and Foreclosure Activities, as shown on Exhibit 4 and
summarized by professional:
222.3 hours at $310/hour (DAJ) = $68,913.00
344.8 hours at $285/hour (RBF) = $98,268.00
67.7 hours at $250/hour (KDE) = $16,925.00
270.7 hours at $195/hour (JWM) = $52,786.50
138.5 hours at $130/hour (GDA) = $18,005.00
12.2 hours at $90/hour (NLD) = $1,098.00
through July 31, 2009 in the amount of $5,341.87, as reflected in Exhibit 4, page 2.
Claims Investigation. Between February 14, 2009 and July 31, 2009, SJLM
expended 679.70 hours and $143,202.50 in fees in connection with the Investigation
of Third Party Claims, as shown on Exhibit 5 and summarized by professional:
303.2 hours at $310/hour (DAJ) = $93,992.00
12.3 hours at $285/hour (RBF) = $3,505.50
30.0 hours at $195/hour (JWM) = $5,850.00
214.5 hours at $130/hour (GDA) = $27,885.00
119.7 hours at $100/hour (MMH) = $11,970.00
through July 31, 2009 in the amount of $12,031.62, as reflected in Exhibit 5, p. 37.
Criminal Case. Between February 14, 2009 and July 31, 2009, SJLM expended
151.4 hours and $39,576.00 in fees in connection with the Criminal Case, as shown
on Exhibit 6 and summarized by professional:
25
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4
5
6
7
8
9
10
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12
13
14
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16
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97.0 hours at $310/hour (DAJ) = $30,070.00
10.4 hours at $285/hour (RBF) = $2,964.00
15.0 hours at $195/hour (JWM) = $2,925.00
23.9 hours at $130/hour (GDA) = $3,107.00
5.1 hours at $100/hour (MMH) = $510.00
through July 31, 2009 in the amount of $520.31, as reflected in Exhibit 6, p. 12.
Spondulix Case. Between February 14,2009 and July 31,2009, SJLM expended
149.0 hours and $3 5,860. 50 in fees in connection with the Spondulix Case, as shown
on Exhibit 7 and summarized by professional:
24.4 hours at $31 0/hour (DAJ) = $7,564.00
59.1 hours at $285/hour (RBF) = $16,843.50
45.2 hours at $195/hour (JWM) = $8,814.00
20.3 hours at $130/hour (GDA) = $2,639.00
through July 31, 2009 in the amount of $587.00, as reflected in Exhibit 7, p. 8.
Therefore, SJLM requests that the Court authorize interim compensation to SJLM
18 in the total amount of$514,643. 50 and interim reimbursement for costs advanced in the total amount
19 of$20,615.53, for a total allowance and payment to SJLM as special counsel to the Trustees in the
20 amount of $535,259.03.
21
22 Dated: August 12, 2009
23
SINSHEIMERJUHNKE LEBENS & MciVOR, LLP
24
25
26
27
28

ESQ.
Special Counsel to CHAPTER 11 TRUSTEES
K:IEFI-EFMF Trustees\Collection\mtn\FeeAppSecondrev2-081209.wpd
26
1 DECLARATION OF ROGER B. FREDERICKSON, ESQ. IN SUPPORT OF
SECOND INTERIM FEE APPLICATION OF SINSHEIMER JUHNKE LEBENS &
2 MCIVOR, LLP FOR APPROVAL OF POST-PETITION COMPENSATION
3 I, Roger B. Frederickson, declare that:
4 1. I am an attorney duly admitted to practice law in the State of California and
5 before the United State Bankruptcy Court for the Central District of California. I am a principal of
6 Sinsheimer, Juhnke, Lebens & Mcivor, LLP ("SJLM"), special counsel to the Chapter 11 Trustees.
7 I have personal knowledge of the following facts, and would competently testify to those facts if
8 called as a witness in this proceeding.
9 2. On October 13, 2008, Thomas P. J eremiassen and Bradley D. Sharp, in their
10 capacities as the Chapter 11 Trustees ("Trustees") for Debtors Estate Financial, Inc. and Estate
11 Financial Mortgage Fund, LLC, employed SJLM as special counsel relating to the collection and
12 foreclosure of obligations owing to the estates, the investigation and pursuit of claims on behalf of
13 the estates against third parties, and such other legal matters as deemed appropriate by the Trustees.
14 3. On November 14, 2008, the Trustees filed a Joint Application with regard to
15 the employment of SJLM as special counsel. This Court's Order granting that Application was
16 entered December 9, 2008, and is attached hereto as Exhibit 1.
17 4. SJLM seeks approval of post-petition fees expended by SJLM on behalf of
18 the Trustees for the time period from February 14, 2009 through July 31, 2009. Attached as Exhibit
19 2 is a summary page showing the total time (2209.5 hours) spent by SJLM professionals, the total
20 fees ($514,643 .50) incurred in connection with those services, and the billing rates which apply for
21 the various professionals at SJLM.
22 5. Attached as Exhibits 3-7 are detailed invoices showing the services rendered
23 and time expended by SJLM on the following matters: (1) General Collection and Foreclosure
24 Activities (Exhibit 3 ); (2) Collection and Foreclosure of Specific Loans (Exhibit 4 ); (3) Investigation
25 of Third Party Claims (Exhibit 5); ( 4) Representation of Trustees in the Criminal Proceeding against
26 Guth andY aguda (Exhibit 6); and ( 5) Representation of Trustees in Lawsuit for Rescission against
27 Spondulix Company (Exhibit 7). To the extent that the detailed billing records contain attorney-
28 client communications or attorney work product concerning ongoing investigations and litigation,
27
APPROVAL OF POST-PETITION COMPENSATION AND EXPENSES; DECLARATION; EXIITBITS
1 the invoices have been redacted to remove specific references to individuals or areas of inquiry. An
2 unredacted copy of the invoices has been provided to the United States Trustee, Creditors Committee
3 and Equity Committee. An unredacted copy of the invoices will be made available for the Court's
4 review at the hearing, and a copy will be submitted under seal prior to the hearing if the Court
5 desires.
6 6. SJLM seeks approval of post-petition costs incurred by SJLM on behalf of
7 the Trustees for the time period from October 13, 2008 through July 31, 2009. As part of SJLM's
8 First Interim Fee Application, SJLM sought reimbursement for costs advanced on behalf ofTrustees
9 for the period October 13, 2008 through February 13, 2009, but the Court denied that request without
10 prejudice due to the failure to summarize those costs by category in accordance with the Local Rules.
11 SJLM resubmits those costs, as well as costs incurred from February 13, 2009 through July 31, 2009,
12 as part of this Second Interim Fee Application. Attached as Exhibit 2 is a summary page showing
13 the total costs by category, and attached as Exhibit 8 is a detailed listing of all costs grouped by
14 category. In addition, the specific costs associated with each matter are listed on the detailed invoice
15 for that matter contained in Exhibits 3-7.
16 8. A description of the professional education and experience of each of the
17 individuals rendering services on behalf of the Trustees is attached as Exhibit 9.
18 9. I have reviewed the requirements ofLocal Bankruptcy Rules, rule 2016-1 and
19 this Application complies with that Rule.
20 10. SJLM respectfully requests that the Court approve the Second Interim Petition
21 . and authorize interim compensation to SJLM in the total amount of $514,643.50 and interim
22 reimbursement for costs advanced in the total amount of $20,615.53, for a total allowance and
23 payment for services rendered as special counsel to the Trustees in the amount of$535,259.03.
24 I declare under penalty of perjury under the laws of the United States of America that
25 the foregoing is true and correct.
26
27 Date: August \.,?2009
~ F-?::::::D;;....E_RI_C_K_SO-N
28 K:\EFI-EFMF Trustees\Collection\mtn\FeeAppSecondrev2-081209.wpd
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EXHIBIT 1
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DAVID M. POITRAS P .C. (CA BarNo. 141309)
JEFFER, MANGELS, BUTLER & MARMARO LLP
1900 A venue of the Stars, Seventh Floor
Los Angeles, California 90067-4308
Telephone: 310.201.3571
Facsimile: 310.712.8571
Email: dpoitras@jmbm.coni
FILED & ENTERED
DEC 09 2008
CLERK U.S. BANKRUPTCY COURT
Central District of California
BY rust DEPUTY CLERK
5 Attorneys for Bradley D. Sharp, Chapter 11 Trustee
. For the Bankruptcy Estate of Estate Financial Mortgage Fund, LLC
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ROBERT B. ORGEL (CA Bar No. 52346)
SAMUEL R MAIZEL (CABarNo.189301)
PACHULSKI STANG ZIEHL & JONES LLP
10100 Santa Monica Boulevard, 11th Floor
Los Angeles, California 90067-4308
Telephone: 310.300..:2027
Facsimile: 310.201.0760
Email: rorgel@ps?jlavv:.com
Attorneys for Thomas P. Jeremiassen, Chapter 11 Trustee
For the Bankruptcy Estate of Estate Financial, Inc.
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
NORTHERN DIVISION
hHe CASE NO. 9:08-bk-11535-RR
9:08-bk-11457-RR
ESTATE FINANCIAL MORTGAGE FUND,
LLC, a California limited liability company, Chapter 11
Debtor.
ESTATE FINANCIAL, INC.,
Debtor.
ORDER GRANTING JOINT
APPLICATION OF CHAPTER 11
TRUSTEES TO EMPLOY SINSHEIMER
JUHNKE LEBENS & MCIVOR, LLP AS
SPECIAL COUNSEL
- - - - - - - - - - - - - - - l ~ [No Hearing Set Per LBR 90 13-1]
Having reviewed the Application (the "Application") of Chapter 11 Trustees to Employ
Sinsheimer Juhnke Lebens & Mcivor, LLP ("SJLM") as special counsel and notice of the
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Application having been properly given pursuant to Local Bankruptcy Rule 2014-1, that SJLM's
employment is in the best interest of the estate, and good cause appearing therefor,
IT IS HEREBY ORDERED that:
1. The Application is granted.
2. The Trustee is authorized, to retain and compensate SJLM as special counsel on
the terms and conditions set forth in the Application.
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DATED: December 9, 2008
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United States BankrLrptcy Judge
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PROOF OF SERVICE
STATE OF CALIFORNIA, CITY AND COUNTY OF LOS ANGELES
I am employed in the City and County of Los Angeles, State of California. I am over the
affie of 18 and not a party to the within action; my business address is: 1900 A venue of the Stars,
7 Floor, Los Angeles, California 90067.
On December 9, 2008 I served the document(s) described as ORDER GRANTING
JOINT APPLICATION OF CHAPTER 11 TRUSTEES' TO ElVIPLOY SINSHEIM:ER
.JUHNKE LEBENS & MCIVOR, LLP AS SPECIAL COUNSEL; in this action by placing
the true copies thereof enclosed in sealed envelopes addressed as follows:.
D
D
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See Attached Service List
(BY MAIL) I am "readily familiar" with the firms practice for collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S.
Postal on that same day with postage thereon fully prepaid at Los Angeles,
California in the ordinary course of business. I am aware that on motion of the party
served,. service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
(BY FAX) At , I transmitted, pursuant to Rule 2.306, the above-described
document by facsimile machine (which complied with Rule 2003(3)), to the above-listed
fax number(s). The transmission originated from facsimile phone number
(310) 203-0567 and was reported as complete and without error. The facsimile machine
properly issued a transmission report, a copy of which is attached hereto.
(BY PERSONAL SERVICE) I delivered such envelope by hand to the offices of the
addressee.
(BY OVERNIGHT DELIVERY) I caused said envelope(s)' to be delivered overnight via
an overnight delivery service in lieu of delivery by mail to the addressee(s).
Executed on December 9, 2008 at Los Angeles, California.
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(STATE) I declare under penalty of perjury under the Jaws of the State of California
that the above is true and correct.
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(FEDERAL) I declare that I am employed in the office of a member of the bar of this
court at whose direction the service was made.
Is/
BILLIE TERRY
........ -----. .... .. ....... ....... .. . ......................................................... -.. --- - ............................ --..................... - ..... _ ..... -- .............................. ---................... _ ............ - .............. ------ .... ..
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Estate Financial Mortgage Fund, LLC,
a California limited liability company;
Case No. 9:08-bk-11535 RR
SERVICE LIST TO PROOF OF SERVICE
Attnys for Debtor
Lewis R Landau
Lewis R Landau Attorney at Law
23564 Calabasas Rd Ste 1 04
Calabasas, CA 91302
United States Trustee (ND)
21051 Warner Center Lane, Suite liS
Woodland Hills, CA 91367
Brian Fitipaldi
Office of the United States Trustee
128 E Carrillo St
Santa Barbara, CA 93101
Attnys for Thomas P. Jeremiassen, Trustee
Robert B. Orgel/Samuel R. Maizel
Pachulsld Stang Ziehl & Jones LLP
10100 Santa Monica Blvd., 11th Fl
Los Angeles, CA 90067-41 00
Estate Financial Inc.
Counsel to Official Committee of Creditors
Holding Unsecured Claims
Steven T. Gubner, Esq.
Larry W. Gabriel, Esq;
Ezra Brutzkus Gubner LLP
21650 Oxnard Street, Suite 500
Woodland Hills, CA 91367
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Debtor
Estate Financial Mortgage Fund, LLC
806 9th Street, Suite 1A
Paso Robles, CA 93446
Chapter 11 Trustee
Bradley D. Sharp
Development Specialist, Inc.
333 South Grand Avenue, Ste 4070
Los Angeles, CA 90071-1544
Estate Financial Mortgage Fund
Attorneys for Equity Committee Counsel
Peter Susi
Susi & Michaelson
7 W Figueroa St
Chapter 11 Trustee
Thomas P Jeremiassen
Trustee for Estate Financial, Inc.
LECGLLC
2049 Century Park East, #2300
Los Angeles, CA 90067
Roger Frederickson, Esq.
Sinsheimer, Julmke, Lebens & Mcivor
I 01 0 Peach Street
San Luis Obispo, CA 93401
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Estate Financial Mortgage Fund, LLC,
\1 California limited liability company;
Case No. 9:08-bk-11535 RR
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SERVICE LIST TO SIGNED ORDER
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VIA EMAIL
Attnys for Debtor
Lewis R Landau
Lewis R Landau Attorney at Law
23564 Calabasas Rd Ste 104
8 Calabasas, CA 91302
Email: lew@landaunet.com
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21051 Warner Center Lane, Suite 115
Woodland Hills, CA 91367 .
Email: ustpregion 16.nd.ecf@usdo j .gov
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. Brian Fitipaldi
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Office ofthe United States Trustee
128 E Carrillo St
Email: Brian.Fittipaldi@usdoj .gov
Estate Financial Inc.
Counsel to Official Committee of Creditors
Holding Unsecured Claims
Steven T. Gubner, Esq.
Larry W. Gabriel, Esq.
Woodland Hi1ls, CA.91367
Email: sgubner@ebg-law .com
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VIA FIRST CLASS MAIL
Debtor
Estate Financial Mortgage Fund, LLC
806 9th Street, Suite 1A
Paso Robles, CA 93446
Chapter 11 Trustee
Bradley D. Sharp
Development Specialist, Inc.
333 South Grand A venue, Ste 4070
Los Angeles, CA 90071-1544
Estate Financial Mortgage Fund
Attorneys for Equity Committee Counsel
Peter Susi
Michaelson Susi & Michaelson
7 W Figueroa St
Chapter 11 Trustee
Thomas P Jeremiassen
Trustee for Estate Financial, Inc.
LECGLLC
2049 century Park East, #2300
Los Angeles, CA 90067
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Attnys for Thomas P. Jeremiassen, Trustee
Robert B. Orgel/Samuel R. Maizel
Pachulski Stang Ziehl & Jones LLP
10100 Santa Monica Blvd., 11th Fl
Los CA 90067-4100
Roger Frederickson, Esq.
Sinsheimer, Juhnke, Lebens & Mcivor
1 01 0 Peach Street
EXHIBIT 2
SECOND INTERJ.M FEE APPLICATION-- SINSHEIMER JUHNKE LEBENS & MCIYOR
1
LLP
Recap of 14
1
3L 2009
Matter Initials Timekeeper Hours Amount
--.-,
General Collection (001) DAJ DAVID A. JUHNKE 43.9 $13,609.00
RBF ROGER B. FREDERICKSON 56.2 $16,017.00
KDE KEVIN D. ELDER 3.0 $750.00
JWM JOSH W. MARTIN 8.0 $1,560.00
GDA GINA D. AXSOM 62.1 $8,073.00
TOTALS 2/13/09-7/31/09 173.2 $40,009.00
Previously Approved by Court $92,068.00
Amount Paid to Date $32,223.80
Foreclosure Matters DAJ DAVID A. JUHNKE 222.3 $68,913.00
(100-160) RBF ROGER B. FREDERICKSON 344.8 $98,268.00
KDE KEVIN D. ELDER 67.7 $16,925.00
GDA GINA D. AXSOM 138.5 $18,005.00
NLD NANCY L. DRISCOLL 12.2 $1,098.00
TOTALS 2/13/09-7/31/09 1056.2 $255,995.50
Claims Investigation (002) DAJ DAVID A. JUHNKE 303.2 $93,992.00
GDA GINA D. AXSOM 214.5 $27,885.00
MMH MICHELLE M. HEALEY 119.7 $11,970.00
TOTALS 2/13/09-7/31/09 679.7 $143,202.50
Criminal Proceeding (003) DAJ DAVID A. JUHNKE 97.0 $30,070.00
MMH MICHELLE M. HEALEY 5.1 $510.00
TOTALS 2/13/09-7/31/09 151.4 $39,576.00
Previously Approved by Court $0.00
Amount Paid to Date $0.00
Spondulix (004) DAJ DAVID A. JUHNKE 24.4 $7,564.00
TOTALS 2/13/09-7/31/09 149.0 $35,860.50
Previously Approved by Court $0.00
Amount Paid to Date $0.00
GRAND TOTAL FEES TOTALS 2/13/09-7/31/09 2209.5 $514,643.50
K:\EFI-EFMF Trustees\Collection\misc\2ndFeeApplExh2-080509
8/7/20099:31 AM
SECOND FEE APPLICATION-- LEBENS & MCIVOR, LLP
Summary Recap of Costs-- October 13, 2008-Ju_ly 31,2009
Matter
Costs (all matters)
GRAND TOTAL COSTS
Description
Attorney Service
Mileage
Lodging
Document Copies From Third Parties
Overnight Delivery Service
Filing and Recording Fees
TOTAL COSTS 10/13/08-7/31/09
Previously Approved by Court
Amount Paid to Date
Amount
$3,729.14
$673.62
'$126.50
$13,359.41
$1,384.66
$1,342.20
$20,615.53
$0.00
$0.00
8/7/20099:41 AM
SINSHEIMER JUHNKE LEBENS & MciVOR, LLP
LEGAL PROFESSIONAL RATE LIST
TIMEKEEPER RATE
David A. Juhnke, Partner $310.00
Roger B. Frederickson, Partner $285.00
Kevin D. Elder, Associate $250.00
Joshua W. Martin, Associate $195.00
Gina D. Axsom, Paralegal $130.00
Michelle M. Healey, Paralegal $100.00
Nancy L. Driscoll, Paralegal $90.00
K:\EF!-EFMF Trustees\Collection\mtn\FeeAppRateList-080609. wpd
EXHIBIT 3
Date: 08/07/2009
Summary Fee Transaction File List
Sinshe1mer Juhnke Lebens & Mcivor, LLP
Subtotal for Timekeeper DA
Billable
Subtotal for Timekeeper RB
Billable
Subtotal for Timekeeper KD
Billable
Subtotal for Timekeeper JW
Billable
Subtotal for Timekeeper GD
Billable
Total for Client ID 4131.001 Billable
Hours
to Bill
3.00
8.00
Amount
13609.00 DAVID A. JUHNKE
16017.00 ROGER B. FREDERICKSON
750. 00 KEVIN D. ELDER
1560. 00 JOSH W. MARTIN
8073. 00 GINA D. AXSOM
40009. 00 /EFI/EFMF TRUSTEES
GENERAL COLLECTION
Summary of Fees 001
Page: 1
EFI/EFMF TRUSTEES
Sinsheimer Juhnke Lebens & Mclvor,LLP
ATTORNEYS AT LAW
1010 Peach Street, P.O. Box 31
(805) 541-2800
THOMAS P. JEREMIASSEN, EFI TRUSTEE
BRADLEY D. SHARP, EFMF TRUSTEE
GENERAL COLLECTION
02/17/2009 RBF Receive and review email from client attaching
correspondence from borrower Tom Davidson re:
Page: 1
08/05/2009
Account No: 4131-001E
Industrial Way proposal 0. 10
RBF Telephone conference with client re: Tom Davidson
forbearance agreement 0. 40
DAJ Develop strategy re: various collection and
foreclosure issues 0. 80
GDA Develop strategy re: status of collection matters 0. 60
GDA Assist in preparation of draft fee application 0. 30
GDA Prepare list of loans to Mr. Fetyko' s companies to go
with correspondence to Mr. Fetyko 0. 40
RBF Review and revise declaration in support of fee
application 0. 40
02/18/2009 RBF Review and revise draft fee application and supporting
declaration and documentation 1.40
GDA Review and revise application for compensation 1. 50
02/19/2009 GDA Obtain and review copies of bankruptcy dockets and
recently filed documents 0. 30
GDA Assist in preparation of fee application and exhibits 0.80
GDA Review and revise fee application and exhibits 5.80
GDA Review correspondence from Mr. Sholder re: revisions to
fee application 0. 20
GDA Review Michaelson, Susi & Michaelson' s fee application 0. 20
DAJ Review and revise fee application and exhibits 0. 40
02/23/2009 GDA Assist in preparation of fee application and exhibits 1. 50
02/24/2009 GDA Review and revise spreadsheet re: status of collection
matters 0. 40
RBF Telephone conference with counsel for FCI Lender
Services re: 2004 examination motion and subpoena; 0. 20
DAJ Review and revise settlement agreement with borrower
Fetyko 0. 70
RBF Prepare email to client re: 2004 examination motion and
subpoena 0. 20
EFI/EFMF TRUSTEES
GENERAL COLLECTION
02/25/2009 GDA Review correspondence and documents and revise
Page: 2
08/05/2009
spreadsheet re: status of collection matters 0. 80
GDA Email correspondence with Ms. Pierce re: updated
collection spreadsheet 0. 20
GDA Review settlement agreement between EFI Trustee and All
American Foreclosure Service 0. 20
Services re: settlement 0.20
GDA Office conference re: continuation of FCI' s time to
file motion for protective order (.2)
Review local bankruptcy rules and judge's rules re:
extending time for FCI to file motion for protective
order (. 2)
Telephone conference with court re: extending time for
FCI to file motion for protective order (.2) 0.60
Services re: settlement of dispute concerning
foreclosure documents 0. 30
DAJ Develop strategy re: collection matters 1.00
RBF Telephone conference with client re: settlement of
claim 0. 30
02/26/2009 GDA Develop strategy re: preparation of stipulation
order (. 1)
Review correspondence from Mr. Hood re: FCI settlement
proposal (. 1)
Review local bankruptcy rules re: stipulations (.2)
Draft stipulation re: extension of time for FCI to file
motion for protective order (. 7)
Draft proposed order re: extension of time for FCI to
file motion for protective order (.4) 1. 50
RBF Receive and review email from client bankruptcy counsel
re: suggested revisions to fee application 0.20
RBF Receive and review correspondence from counsel for FCI
Lender Services re: resolution of dispute 0. 10
RBF Revise fee application pursuant to comments of clients'
bankruptcy counsel 2.80
02/27/2009 GDA Review local bankruptcy rules and prepare notice of
entered order to accompany proposed order extending
time for FCI to file motion for protective order (. 3)
Office conference re: filing stipulation extending time
for FCI to file motion for protective order and lodging
proposed judgment (. 3) 0.60
GDA Review and organize various documents and files 0. 30
03/03/2009 RBF Meeting with clients and unsecured creditor's committee
counsel re: case issues and developments 2. 00
DAJ Attend joint meeting of Committees re: status update 1. 00
DAJ Conferences with Trustee Jeremaissen, Trustee rep
EFI/EFMF TRUSTEES
GENERAL COLLECTION
Page: 3
08/05/2009
Sorenson, Committee counsel Gabriel and s-usi-re-:---i-ssu-e-.,.-----------
and strategy 1.20
GDA Review order on stipulation extending time for FCI
Lender Services to file motion for protective order
(. 1)
Prepare proof of service of conformed order on
stipulation extending time for FCI Lender Services to
file motion for protective order (. 3)
Prepare proof of service for filing with court (.3)
Email correspondence with United Process Servers re:
filing proof of service (.4) 1.10
GDA Conference with Mr. Jeremiassen re: committee meeting
(. 5)
Conference with Mr. Susi re: committee meeting (.2) 0. 70
03/04/2009 DAJ Office conference re: issues in follow up to Committee
meetings 0.40
GDA Obtain and review bankruptcy dockets 0.20
KDE Office conference with Mr. Frederickson re: preparing
contract with FCI Lender Services 0.20
matters 0.20
RBF Telephone conference with Pacific Oak Foreclosure
Service re: status of contract with clients 0. 10
GDA Review bankruptcy court information re: training for
electronic filing 0.20
KDE Review existing agreements for foreclosure agreements
in preparation of drafting agreement with FCI Lender
Services 0.80
03/06/2009 RBF Review and revise draft settlement agreement and
release re: FCI Lender Services 1.00
RBF Prepare email to attorney for FCI Lender Services
attaching draft settlement agreement and release 0.20
KDE Draft settlement agreement with FCI Lender Services,
Inc. 2.00
GDA Review conformed order re: stipulation extending time
for FCI to file a motion for protective services (. 2)
Review correspondence to United Process Servers re:
stipulation and order (.2)
Review proof of service of order re: stipulation
order (. 1) 0. 50
03/09/2009 GDA Review conformed order from court and compare with
previously conformed order 0. 30
03/10/2009 GDA Obtain and review bankruptcy dockets 0.20
GDA Office conference re: agreement for credit report to be
signed by Mr. Fetyko (. 1)
Review documents and obtain copy of agreement to be
EFI/EFMF TRUSTEES
GENERAL COLLECTION
signed by Mr. Fetyko (. 1)
Meeting with Mr. Fetyko re: signing agreement for
Page: 4
08/05/2009
credit report (.2) 0.40
Services re: settlement agreement 0. 30
03/11/2009 GDA Develop strategy re: preparation for Andy Fetyko' s
debtor' s exam, draft settlement agreement (. 3)
Obtain and review spreadsheets re: amounts owing by
Fetyko' s companies (. 3)
Office conference re: revising summary of amounts owing
by Fetyko (.2) 0.80
GDA Review and revise spreadsheet re: status of collection
matters 0.20
03/12/2009 GDA Email correspondence with Mr. Armstrong re: phase I
loan reconciliations 0. 10
03/13/2009 GDA Review and organize documents 0.90
DAJ Telephone conference with Mr. Hood re: FCI agreement
1ssues 0. 30
RBF Telephone conference with attorney Juhnke re: his
telephone conference with counsel for FCI Lender
Services re: issues pertaining to settlement agreement 0. 20
03/16/2009 RBF Review correspondence re: settlement agreement from
counsel for FCI Lender Services and forward to client 0. 30
GDA Office conference re: hearing on motion to modify
temporary restraining order in criminal case 0. 10
RBF Telephone conference with client re: FCI Lender
Services settlement offer 0. 20
03/17/2009 GDA Review documents and revise spreadsheet re: status of
collection matters 1. 30
GDA Develop strategy re: collection matters 1.90
JWM Review working files from Mr. Frederickson re:
collections matters and issues 0. 50
DAJ Develop strategy re: collection issues 1.00
03/18/2009 RBF Telephone conference with client re: title insurance
issues pertaining to foreclosure of properties owned by
Karen Guth-held entities 0.40
Services re: hearing on subpoena and settlement
agreement 0. 30
GDA Review motions re: calendaring issues 0.20
DAJ Telephone conference with Mr. Sorenson re: title
insurance and sale issues; develop strategy re: same 0. 50
RBF Telephone conference with client re: requirements for
another title company to substitute in for FCI Lender
Services 0.20
EFI/EFMF TRUSTEES
Page: 5
08/05/2009
GENERAL COLLECTION
03/19/2009 GDA Review documents and revise spreadsheet re: status of
REF Email communication with clients re: FCI Lender
Services situation 0. 30
REF Telephone call to counsel for FCI Lender Services re:
motion for 2004 subpoena 0. 10
03/20/2009 GDA Email correspondence with Ms. Pierce re: updated
collection matters spreadsheet
03/23/2009 JWM Meeting with Mr. Juhnke and Ms. Axsom re: status of
0. 10
assignments and collections matters 0. 80
GDA Develop strategy re: collection matters 0. 60
REF Telephone conference with counsel for FCI Lender
Services re: 2004 subpoena and examination 0. 30
03/24/2009 GDA Office conference re: hearing on fee applications (.2)
Review and organize documents for hearing on fee
applications (.4) 0. 60
DAJ Review and prepare email correspondence re: Three
Bells, LLC issues and strategy 0.80
DAJ Telephone conferences with client and First American
re: title insurance and foreclosure issues 0. 80
DAJ Telephone conferences with client re: Three Bells, LLC
assignment and foreclosure issues 0. 80
DAJ Telephone conference with client re: issues for
hearing, allocation of fees between estates 0.90
JWM Request loan reconciliations re: loans made to Doya
Partners Montebello Oaks 0. 10
REF Telephone conference with attorney for FCI Lender
Services re: settlement and status of foreclosure of
Dorama trust deed 0.20
REF Receive, review and forward email from attorney for FCI
Lender Services, Inc. re: settlement and foreclosure
status 0. 10
03/25/2009 REF Meeting with clients and their bankruptcy counsel to
discuss collection status and fee applications 1. 00
REF Travel to and from and attend fee application hearing 5. 00
DAJ Review documents and prepare registration for online
filing 0. 50
03/26/2009 REF Office conference with attorney Juhnke re: fee
application hearing and associated issues 0. 50
GDA Office conference re: billing issues 0.20
RBF Review and respond to email from counsel for FCI Lender
Services re: status of foreclosure concerning Dorama
loan 0. 30
GDA Review and obtain copies of bankruptcy dockets 0. 20
RBF Prepare correspondence to counsel for FCI Lender
Services re: production of documents in response to
subpoena 0. 50
EFI/EFMF TRUSTEES
GENERAL COLLECTION
GDA Office conference re: deadline for FCI to file motion
for protective order, need to prepare declaration of
non-opposition by FCI (. 1)
Page: 6
08/05/2009
Review order extending time for FCI to file motion for
protective order and extending production date (. 1)
Prepare, review and revise declaration of
non-opposition to motion for examination and production
of documents by FCI, proposed order and notice of
entered order (1.6)
Office conference re: filing declaration of
non-opposition and submitting proposed order (.2)
Prepare, review and revise email correspondence to
United Process Servers re: filing declaration and
proposed order (. 5) 2. 50
matters 0. 10
RBF Forward email to clients attaching correspondence to
counsel for FCI Lender Services re: settlement and
subpoena 0. 10
RBF Meeting with staff to discuss filing of notice of
non-opposition in matter, along with proposed order 0.20
RBF Review and revise proposed order and notice of
non-opposition 0.40
GDA Office conference re: yesterday's court hearing 0.20
RBF Prepare draft correspondence to First American Title
Company re: trustee's sale guarantees 0.40
DAJ Telephone conferences with client re: hearing and
issues for continued hearing 0. 30
DAJ Review documents and develop strategy re: issues for
continued hearing 0. 50
03/27/2009 GDA Review and revise email correspondence to United
Process Servers re: filing declaration re: lack of
opposition to motion for examination and production of
documents and proposed order re: same; (. 7)
Review email correspondence from United Process Servers
re: declaration and proposed order (.2)
Review and organize conformed copies of declaration and
proposed order (.2) 1.10
DAJ Review email correspondence and documents re: Three
Bells, LLC issue; prepare email correspondence re: same 0. 50
03/30/2009 GDA Follow up re: declaration of non-opposition and
proposed order re: FCI (. 1)
Telephone conference with court re: declaration of
non-opposition and proposed order (.2)
submission to court (.2)
Review email correspondence from United Process Servers
(. 1) 0. 60
DAJ Review documents and prepare email correspondence with
counsel re: Three Bells, LLC issue 0.20
EFI/EFMF TRUSTEES
GENERAL COLLECTION
RBF Receive and review email from client and attached
correspondence from counsel for Kimball Family Trust
requesting copies of original loan files for loan
Page: 7
08/05/2009
number B119-05 0. 10
03/31/2009 GDA Office conference re: collection matters 0. 20
GDA Telephone conference with bankruptcy court re: proposed
order on motion for production of documents by FCI
Lender Services 0. 10
RBF Telephone conference with client re: possible federal
assistance for investors and contact with federal
elected officials 0. 30
RBF Telephone conference with Congresswoman Lois Capps
office re: possible assistance to investors 0. 30
RBF Telephone call to counsel for Kimball family trust re:
document request for loan numbered B199-05 0. 10
DAJ Review and prepare email correspondence with client re:
issues relating to assignments of trust deeds and
foreclosure on First Press Partners/Mountain View
property 0. 70
04/01/2009 GDA Review email correspondence from Mr. Farrell re: First
American invoices and respond to same 0.20
RBF Telephone conference with client re: billing statements
and cost report 0. 10
RBF Telephone conference with attorney for investor J. W.
Kimball and Kimball family trust re: request for
original loan documents 0. 30
04/02/2009 JWM Review report from Mr. Juhnke re: hearing on motion to
release Guth I Yaguda properties 0. 30
RBF Review loan servicing agreement to determine whether
investor Kimball entitled to original of loan documents 0.40
RBF Research to determine whether lender/investor Kimball
entitled to original of loan agreement, promissory
note, and assignments of trust deeds 1. 00
RBF Telephone call to attorney for investor Kimball re:
response to demand for original of loan documents 0. 10
RBF Telephone conference with Kimball attorney re: request
for copy of loan documents 0. 30
RBF Prepare email to client re: Kimball request for copy of
loan agreements and trust deeds 0. 10
RBF Prepare correspondence to investor Kimball attorney
enclosing copies of loan agreements and trust deeds
pertaining to various Kimball investments with EFI 0. 70
GDA Office conference re: new proposed order for production
of documents by FCI (. 1)
Prepare proposed order re: production of documents by
FCI and notice of entered order (.2)
Prepare correspondence to court re: proposed
order (.2)
Make arrangements re: filing of proposed order (. 1) 0.60
EFI/EFMF TRUSTEES
GENERAL COLLECTION
04/03/2009 GDA Telephone conference with bankruptcy court clerk re:
proposed order for production of documents by FCI
Lender Services, Inc. (. 2)
Page: 8
08/05/2009
submission of documents to court (.2) 0.40
RBF Telephone conference with counsel for investor Kimball
re: loan documents 0. 10
04/06/2009 RBF Telephone conference with investor Patricia Cullinan
re: comments of investor Childers 0. 30
JWM Develop strategy re: research for briefs to be
submitted in criminal proceeding 0. 30
04/07/2009 GDA Office conferences re: collection matters (.2)
Review and revise collection matters spreadsheet (1. 0)
Email correspondence with client with updated
collection matters spreadsheet (. 1) 1. 30
DAJ Office conference re: collection meeting and strategy
on various matters 1.20
DAJ Review documents re: pleadings on settlement of claims
and payment of investors 0. 70
DAJ Review and revise correspondence to First American re:
foreclosure issues 0. 50
RBF Office and telephone conference with committee counsel
and client bankruptcy counsel re: Guth and Yaguda
assets 0.40
RBF Meeting with unsecured creditor's committee counsel re:
specific assets and collections matters 1. 70
04/08/2009 JWM Staff meeting re: collections and claims issues 1. 30
GDA Meeting re: collections and claims issues 1. 30
GDA Email correspondence with client re: status of
foreclosures 0. 20
04/09/2009 GDA Review email correspondence from client re: status of
foreclosures (. 1)
Review spreadsheet re: status of foreclosures (.2) 0. 30
GDA Prepare subpoenas and proofs of service for production
of documents to FCI Lender Services (.5)
Prepare proofs of service of order re: motion for
production of documents by FCI Lender Services (. 3)
Prepare correspondence to FCI Lender Services and its
attorney re: subpoena and order (. 3)
Serve subpoena and order on FCI Lender Services and its
attorney via U.S. mail and facsimile (. 2)
Prepare proofs of service of order for filing with
court (. 4) 1. 70
RBF Receive and review 2004 order re: production of
documents from FCI Lender Services 0. 10
Services re: production of documents in response to
EFI/EFMF TRUSTEES
Page: 9
08/05/2009
GENERAL COLLECTION
2004 Order 0. 10
REF Telephone conference with First American Title Company
re: documents in response to 2004 order directed to FCI
Lender Services 0. 10
REF Receive and review email from client bankruptcy
attorney attaching investor Kirkpatrick correspondence
to Court objecting to special counsel retention 0. 10
RBF Prepare email to clients forwarding letter from
investor Kirkpatrick 0. 10
RBF Receive and review email from unsecured creditor's
committee counsel and attached statute re: criminal
receiver 0.40
REF Telephone conference with equity committee counsel re:
investor Kirkpatrick letter to Judge Riblet 0.20
04/10/2009 REF Telephone conference with FCI Lender Services attorney
re: compliance with 2004 Order 0. 30
04/13/2009 REF Receive and review attorney Peter Susi' s draft
supplemental declaration of disinterestedness
REF Prepare supplemental declaration of disinterestedness
re: representation of Centennial Livestock
GDA Review and obtain copies of bankruptcy dockets
DAJ Review documents re: declaration of disinterest and
develop strategy re: revisions to same
REF Telephone conference with creditor's committee counsel
re: California statutory provision relating to majority
action by tenants-in-common
04/14/2009 REF Prepare email to clients' bankruptcy counsel re:
supplemental declaration of disinterestedness
DAJ Review and revise declaration of disinterestedness
04/15/2009 REF Prepare email to clients forwarding email from First
American Title Company counsel re: TSG coverage and
foreclosure procedure
GDA Office conferences re: supplemental declaration of
disinterestedness (.2)
Review and revise supplemental declaration of
Correspondence to bankruptcy court re: supplemental
declaration of disinterestedness (.2)
Review pleadings and motions re: service lists (.2)
Review service list and prepare proof of service (.2)
REF Receive and review email from client re: FCI Lender
Services failure to produce documents
REF Research re: motion to compel and request for sanctions
re: FCI Lender Services failure to comply with subpoena
REF Prepare motion re: contempt re: FCI Lender Services
failure to comply with subpoena
DAJ Review email correspondence from title company re:
foreclosure issues
0. 30
1. 00
0.20
0. 60
0.40
0.20
0.80
0. 30
' 1.00
0. 10
1. 00
1. 00
0. 30
EFI/EFMF TRUSTEES
Page: 10
08/05/2009
GENERAL COLLECTION
DAJ Review documents re: bankruptcy pleadings
04/16/2009 GDA Telephone conference with Mr. Susi' s secretary re:
service of supplemental declaration of
Review and revise proof of service of supplemental
declaration of disinterestedness (. 1)
Office conferences re : preparation of service list and
service of supplemental declaration of
Telephone conferences with CM/ECF Help Desk and Pacer
Customer Service re: problems viewing mailing matrix
0. 30
(. 3) 0. 90
04/17/2009 DAJ Review documents and prepare email correspondence with
client re: HOB Assignment of Trust Deeds 0. 60
04/20/2009 GDA Review and obtain copies of bankruptcy dockets 0. 20
RBF Telephone conference with investor Aileen Machaj re:
bankruptcy claim procedure 0. 30
matters 0. 20
JWM Review correspondence received from counsel for FCI
Lenders re: production of documents 0.20
RBF Review of Objection of James Kimball to Joint Motion to
Authorize Settlement Parameters 0. 50
RBF Prepare email to clients' bankruptcy counsel re:
incorrect service of process listing 0. 10
JWM Compose status update of work in progress, in
preparation for office conference 0.80
DAJ Review documents re: court pleadings 0. 50
matters (. 7)
Email correspondence with Ms. Pierce re: collection
matters spreadsheet (. 1) 0. 80
RBF Receive and review email from client from First
American Title Company re: need for original
foreclosure files from FCI Lender Services 0.20
RBF Telephone conference with client re: email from FATCO 0. 10
DAJ Office conference re: status and strategy for various
collection matters \ 1. 20
DAJ Review documents re: pleadings on proposed settlement
and opposition; prepare email correspondence with
counsel re: same 0.80
04/23/2009 DAJ Review documents and develop strategy re: follow up
issues from hearing 0. 80
04/24/2009 DAJ Review documents re: pleadings and collection issues 0.40
04/28/2009 RBF Telephone conference with client re: status of various
EFI/EFMF TRUSTEES
Page: 11
08/05/2009
GENERAL COLLECTION
foreclosure matters 0. 30
GDA Review email re: foreclosure status on various
properties (. 2)
Office conferences re: obtaining certified copy of
order re: Sycamore Ventures (.2)
Review loan documents re: Sycamore lawsuit (.3)
Telephone conference with Mr. Vaughn re: lawsuit
information (. 1)
Search Sacramento Superior Court records and obtain and
review minute order denying temporary restraining order
(. 6) 1. 40
04/29/2009 GDA Telephone conferences with Sacramento County Superior
Court re: minute order denying Sycamore Ventures'
application for preliminary injunction (. 3)
Telephone conference with Unlimited Attorney Service
re: obtaining certified copy of minute order (. 1)
Email correspondence with Mr. Vaughn and Mr. Sorenson
re: minute order (.3) 0. 70
RBF Telephone conference with client re: resolution with
Pacific Oak Foreclosure Service 0. 10
04/30/2009 GDA Review email correspondence from Mr. Vaughn re:
Sycamore Ventures (. 1)
Office conference and legal research re: necessity of
notice of ruling re: court's minute order (.4) 0. 50
RBF Receive and review email between client and foreclosure
company re: foreclosure 0.20
RBF Research re: issues pertaining to Sycamore Ventures
foreclosure 0. 20
RBF Prepare email response to client and client foreclosure
agent re: Sycamore Ventures foreclosure issue 0. 10
05/01/2009 GDA Telephone conference with Mr. McCulloch and memorandum
re: same 0.20
05/04/2009 GDA Obtain and review bankruptcy dockets 0. 20
RBF Prepare correspondence to Pacific Oak Foreclosure
Service re: foreclosure of trust deeds securing 2680
Nutmeg Avenue, Morro Bay 0.40
RBF Telephone conference with Pacific Oaks Foreclosure
Service re: foreclosure of Nutmeg Avenue 0. 20
05/05/2009 GDA Meeting re: status of collection matters 0.40
RBF Meeting with attorney for unsecured creditor's
committee re: collections status and issues 1. 00
matters 0. 50
RBF Receive and review email attaching municipal weed
abatement notices; review notices 0.20
RBF Prepare email response to client re: municipal weed
abatement notices 0.20
EFI/EFMF TRUSTEES
GENERAL COLLECTION
05/12/2009 RBF Telephone conference with client re: Bungalow
properties and determination of whether to accept a
Page: 12
08/05/2009
deed in lieu of foreclosure 0. 30
05/13/2009 GDA Review and revise status of pending collection matters 0. 20
RBF Telephone call to borrower Dennis Martin re: access
agreement to Cathedral City properties 0. 10
- RBF Prepare email to borrower Dennis Martin re: access
agreement to Cathedral City properties 0. 10
RBF Telephone call to attorney for borrower Joel Koman re:
Dorama properties 0. 10
05/15/2009 RBF Receive and review correspondence from attorney for
lenders J. W. Kimball trust and Kimball Family trust re:
request for documents 0. 10
05/18/2009 RBF Telephone conference with clients and their bankruptcy
counsel re: collections status 0. 50
RBF Receive and review notice to professionals of intention
to file interim application for compensation 0. 10
RBF Calendar notice to professionals of intention to file
interim application for compensation 0. 20
RBF Review bankruptcy docket re: matter filed and pending 0.20
RBF Receive and review email from client re: foreclosure of
Karen Guth Cayucos property securing EFI second trust
deed 0. 10
RBF Telephone conference with foreclosure service re:
foreclosure of Karen Guth Cayucos property securing EFI
second trust deed 0. 30
RBF Prepare correspondence to foreclosure service re:
foreclosure of Karen Guth Cayucos property securing EFI
second trust deed, violation of automatic stay, and
proposed resolution 0. 50
05/19/2009 GDA Meeting re: status of collection matters 0. 70
RBF Review and respond to client email re: borrower Joel
Koman 0. 10
RBF Telephone conference with client re: borrower Joe Koman 0. 10
RBF Telephone call to attorney for borrower Joel Koman re:
resolution of claim 0. 10
RBF Telephone conference with client re: status of
negotiations with borrower on Pocket Road project, loan
number B104-06 0. 30
RBF Telephone call to client bankruptcy counsel re:
Heritage Oaks Bank assignments 0. 10
matters and detailed list of working matters 0.90
05/20/2009 GDA Review loan files and obtain documents for the Kimball
trust and Kimball family trust 1.00
EFI/EFMF TRUSTEES
GENERAL COLLECTION
05/21/2009 RBF Telephone conference with client re: various
Page: 13
08/05/2009
collections matters and collection strategy 0. 30
RBF Telephone conference with foreclosure agent for Chase
Bank re: foreclosure of first trust deed securing loan
on Karen Guth property on which EFI second trust deed
recorded 0. 20
GDA Review loan files and obtain documents for the Kimball
trust and Kimball family trust 0.40
RBF Return borrower Joel Koman's bankruptcy attorney re:
deed in lieu 0. 10
05/22/2009 GDA Review loan files and obtain documents for the Kimball
trust and Kimball family trust 0. 70
RBF Review trust deed and loan documents requested by
counsel for investor Kimball family trust in
preparation for production 0. 40
RBF Prepare correspondence to counsel for investor Kimball
family trust enclosing copies of loan documents and
trust deeds relating to investments with EFI 0. 20
RBF Telephone conference with client bankruptcy counsel re:
procedure for order re: Heritage Oaks Bank reassignment
of trust deeds 0. 20
RBF Develop strategy re: order re: Heritage Oaks Bank
reassignment of trust deeds 0. 20
strategy for order re: Heritage Oaks Bank reassignment
of trust deeds 0. 10
05/26/2009 RBF Telephone conference with client bankruptcy counsel re:
procedure to obtain order re: Heritage Oaks assignments 0. 30
RBF Receive and review email from client re: response to
borrower Joel Koman's bankruptcy counsel response re:
deed in lieu 0. 10
RBF Telephone conference with borrower Joel Koman's
bankruptcy counsel re: client response re: deed in lieu 0. 10
RBF Prepare email responding to client email re: telephone
conference with borrower Joel Koman's bankruptcy
attorney re: settlement 0. 10
RBF Telephone conference with client re: offer on Three
Bells and Heritage Oaks assignment of interest 0. 10
05/29/2009 GDA Review and organize documents re: various matters and
conference re: filing issues 0. 20
RBF Receive, review and respond to client email re:
collections status 0.40
06/01/2009 GDA Review email correspondence from Mr. Sorenson and
response re: various collection matters 0. 20
collections matters 0. 30
RBF Review force place and real estate owned properties
liability policy to determine extent and conditions of
EFI/EFMF TRUSTEES
Page: 14
08/05/2009
GENERAL COLLECTION
coverage available to estate 1.40
RBF Research of coverage issues relating to force placed
properties and real estate owned properties policy
available to estate 0.40
06/02/2009 GDA Review and obtain copies of bankruptcy dockets 0.20
RBF Meeting with committee counsel re: collections status 1. 00
GDA Develop strategy re: matters; review
documents and correspondence and revise status of
working matters 1. 70
DAJ Review documents and prepare analysis of issues and
strategy on various borrower claims 0.80
06/03/2009 JWM Review bankruptcy order re: sale of interest in real
property in Olympic Valley 0.20
GDA Review correspondence and documents and revise status
of pending matters 0. 30
DAJ Review documents and prepare status update on various
borrower issues and recommendations 1.20
06/04/2009 GDA Develop strategy re: pending matters; review and revise
spreadsheet re: status of collection matters 0. 70
JWM Review documents and develop strategy re: various
DAJ Review documents and develop strategy re: collection
issues on various developments and develop strategy re:
same 1. 30
DAJ Office conference re: collection update and issues 0.60
06/10/2009 RBF Telephone conference with client re: negotiations with
Pocket Road borrower 0.20
06/12/2009 RBF Receive and review investor James Kimball's motion for
relief from stay permitting it to terminate loan
servicing agreements 0. 30
06/15/2009 GDA Review and obtain copies of bankruptcy dockets 0.20
DAJ Review documents and prepare status email to client re:
various matters affected by rescission of Heritage Oaks
assignments 1.60
06/16/2009 DAJ Review, revise and finalize email correspondence to
client re: status of matters impacted by rescinding
assignments of trust deeds 0.80
06/18/2009 DAJ Review documents re: bankruptcy order on settlement
parameters
06/24/2009 RBF Telephone conference with client re: effect of deed in
0. 30
lieu upon recorded mechanic's liens 0. 10
06/25/2009 GDA Review bankruptcy procedures order 0.20
EFI/EFMF TRUSTEES
GENERAL COLLECTION
Page: 15
08/05/2009
RBF Telephone conference with client re: issues pertaining
to settlement with Alvand Construction 0. 30
06/26/2009 RBF Review stipulation resolving controversy with Alvand
Construction 0.40
06/29/2009 GDA Review correspondence and documents re: Kimball family
trust investments 0.40
DAJ Telephone conference with client and counsel re: issues
on Kimball motion for relief 0. 30
DAJ Review documents re: issues on Kimball motion for
relief 0. 50
06/30/2009 DAJ Review documents re: loans (4) involved in Kimball
motion for relief and develop strategy re: opposition
to motion 1. 10
DAJ Prepare email correspondence with counsel re: issues on
Kimball motion for relief 0. 50
DAJ Review documents re: communication with investors on
various issues 0.40
GDA Review loan documents and develop strategy re:
assignments to Kimball trust 1. 20
07/01/2009 DAJ Review and prepare email correspondence with counsel
re: Kimball mtion for relief 0. 20
07/03/2009 RBF Telephone conference with client bankruptcy attorney
re: Kimball trust motion for relief from stay 0. 30
RBF Telephone conference with client bankruptcy attorney
re: Kimball trust motion for relief from stay 0.40
RBF Review Kimball trust motion for relief from stay 0.40
RBF Review loan servicing agreement re: Kimball trust
motion for relief from stay 0. 30
loan servicing agreement and Kimball trust motion for
relief from stay 0.40
07/06/2009 RBF Email correspondence with client bankruptcy counsel re:
Kimball family trust matter 0. 10
RBF Office conference with attorney Juhnke re: Kimball
family trust matter 0. 30
RBF Telephone conference with equity committee counsel re:
status of collections matters 0. 30
DAJ Review documents re: loan servicing agreement and
issues on Kimball motion for relief from stay 0. 50
DAJ Review documents re: opposition to Kimball motion for
relief from stay 0. 50
07/07/2009 RBF Review documents and attend telephone conference with
client bankruptcy counsel re: implications of Kimball
trust motion for relief from stay and strategy in that
regard 1. 00
EFI/EFMF TRUSTEES
GENERAL COLLECTION
DA] Review documents re: Kimball motion for relief,
Page: 16
08/05/2009
procedures order, and loan servicing agreement 0. 50
DA] Telephone conference with counsel and client re: issues
and strategy on Kimball motion for relief 0. 90
DA] Review documents re: bankruptcy pleadings 0.20
07/10/2009 REF Review and respond to email from client bankruptcy
counsel re: foreclosure of Hinds Avenue, LLC loan 0. 30
REF Review loan servicing agreement re: Hinds Avenue, LLC
loan foreclosure 0.20
REF Prepare email response to client bankruptcy attorney
re: strategy re: Hinds Avenue, LLC loan foreclosure 0. 30
DA] Review email correspondence and documents re: claim by
Faley-Gannon re: Hinds Avenue, LLC loan foreclosure 0. 30
07/13/2009 GDA Review and obtain copies of bankruptcy dockets 0. 20
REF Telephone conference with borrower and borrower's
counsel re: properties subject to deed in lieu of
foreclosure 0.40
RBF Prepare email to client re: properties subject to deed
in lieu of foreclosure 0. 10
REF Research re: legal requirements and issues pertaining
to deeds in lieu of foreclosure 1. 00
REF Retrieve and review sample deeds in lieu of foreclosure
in preparation to prepare deeds in settlement with
borrower and guarantor 0. 70
REF Review Kimball brief in reply to opposition to motion
for relief from stay; prepare email to client
bankruptcy counsel re: factual inaccuracy contained
within brief 0.40
07/14/2009 DAJ Review documents re: bankruptcy pleadings and
communications from committees 1.00
REF Review and respond to email from unsecured creditor's
committee counsel re: disposition of various
collections matters 0.20
07/16/2009 DAJ Telephone conference with clients and counsel re:
strategy for hearing on pending motions including
Kimball, Consolidated Propertys, Cal Plastering 0. 80
DA] Review email correspondence and documents re: pending
matters for hearing 0.40
07/20/2009 DAJ Develop strategy re: collections issues and report to
committees re: same 0. 30
07/22/2009 RBF Telephone conference with Linda Richey, president of
Lakeside Village, re: condition and status of Winslow
Properties 0. 30
REF Telephone conference with client property development
consultant re: telephone conference with Linda Richey,
president of Lakeside Village, re: condition and status
EFI/EFMF TRUSTEES
GENERAL COLLECTION
Page: 17
08/05/2009
of Winslow Properties 0. 10
RBF Prepare email to client re: Telephone conference with
Linda Richey, president of Lakeside Village, re:
condition and status of Winslow Properties 0. 20
07/23/2009 RBF Telephone conference with client re: prospective claims
against borrowers and presentation of claims and
strategy to Equity and Unsecured Creditor's Committees 0. 30
07/24/2009 GDA Review spreadsheet re: critical deadlines 0.20
DAJ Telephone conference with Trustees and counsel re:
status and strategy re: numerous collection matters 0. 90
DAJ Review documents re: bankruptcy pleadings 0. 30
07/26/2009 RBF Email to client re: insurance coverage for improvements
to, repair and maintenance of, and protection of
properties and documentation required to submit claim
to carrier 0. 10
07/27/2009 GDA Review correspondence and documents in preparation for
collection status report 1. 50
RBF Prepare correspondence to Force Place Properties
insurer tendering claim for amounts expended to
preserve, protect and repair properties 0. 30
DAJ Review email correspondence and develop strategy re:
various collection issues 0. 30
DAJ Review documents and prepare second interim fee
application 1.00
JWM Draft correspondence to former borrower, Signature
Homes, LLC, demanding payment of rents and return of
security deposits 1.40
JWM Review and analyze documents relating to lease of
property securing loan B304-06; 0. 60
JWM Review and analyze loan documents for Loan B304-06 0. 60
JWM Receive and analyze correspondence from Mr. Sorenson
re: lease of property securing loan B304-06 0. 20
07/28/2009 GDA Review correspondence and documents in preparation for
collection status report (2. 7)
Develop strategy re: preparation of collection report
and fee application (. 3) 3. 00
07/29/2009 GDA Review and obtain copies of bankruptcy case dockets 0. 20
DAJ Review documents re: summary of collection matters,
recommendations, and issues 1.00
GDA Develop strategy re: collections report 0.40
07/30/2009 GDA Email correspondence with Mr. Armstrong re: Hinds
Avenue loan B518-05 documents (.4)
Review EFI box 2A (Karen Guth documents) re: Hinds
Avenue loan B518-05 (.8) 1. 20
DAJ Review documents and prepare detailed status report for
EFI/EFMF TRUSTEES
Page: 18
08/05/2009
GENERAL COLLECTION
client on collections matters 3. 10
07/31/2009 DAJ Review documents and prepare collections status update 0. 30
10/29/2008
11/01/2008
11/04/2008
12/01/2008
02/12/2009
02/12/2009
03/01/2009
03/02/2009
04/01/2009
04/03/2009
04/09/2009
04/16/2009
06/25/2009
GDA Develop strategy re: collections report 0. 30
PROFESSIONAL SERVICES RENDERED
RECAPITULATION
173.20 40,009.00
Timekeeper
DAVID A. JUHNKE
ROGER B. FREDERICKSON
KEVIN D. ELDER
JOSH W. MARTIN
GINA D. AXSOM
Hours
43.90
56.20
3. 00
8. 00
62. 10
Rate
$310.00
285.00
250.00
195.00
130.00
Document Copies - San Luis Obispo County Traffic and
Criminal Operation
Document Copies - San Luis Obispo County Traffic and
Criminal Operation
Attorney Service -United Process Servers
Document Copies - First Reprographics - copies of
All-American Foreclosure files
Total
$13,609.00
16,017.00
750. 00
1,560. 00
8,073. 00
Attorney Service - United Process Servers - filing notice
of motion and motion for examination of FCI Lender
Services, Inc. under rule 2004, memorandum of points and
authorities, declaration, exhibit in case no. 11457
Attorney Service - United Process Servers - filing notice
of motion and motion for examination of FCI Lender
Services, Inc. production of documents under rule 2004,
memorandum of points and authorities, declaration and
exhibit in case no. 115835
Overnight - to United Process Servers
Attorney Service - United Process Servers - filing proposed
order and stipulation extending time re: FCI Lenders
Services, Inc.
Attorney Service - United Process Servers - file order re:
motion for production of documents by FCI Lender Services,
Inc.
Attorney Service -United Process Servers - filed
declarations of Roger B. Frederickson re: opposition to
motion for examination of FCI Lender Services, Inc.
Overnight - to US Bankruptcy Court
Overnight - to US Bankruptcy Court
TOTAL EXTERNAL COSTS AND EXPENSES
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
11. 50
47.00
75.00
1,453.48
85. 00
85. 00
8.46
105. 00
172.00
75. 00
7.81
9.48
2, 134. 73
42, 143. 73
$92,068.00
-32,223.80
EFI/EFMF TRUSTEES
Page: 19
08/05/2009
GENERAL COLLECTION
BALANCE
New rates for Attorneys will take effect on August 1, 2008.
Call our office for more information on these rates.
Interest will be charged on balances not paid within 30
days. MasterCard/Visa accepted. Call 781-2898.
$101,987.93
EXHIBIT4
Date: 08/07/2009
Total for Timekeeper DA
Billable
Total for Timekeeper RB
Billable
Total for Timekeeper KD
Billable
Total for Timekeeper JW
Billable
Total for Timekeeper GD
Billable
Total for Timekeeper NL
Billable
Billable
Hours
to Bill Amount
222. 30 68913.00 DAVID A. JUHNKE
344.80 98268.00 ROGER B. FREDERICKSON
67. 70 16925. 00 KEVIN D. ELDER
270. 70 52786. 50 JOSH W. MARTIN
138. 50 18005. 00 GINA D. AXSOM
12.20 1098.00 NANCY L. DRISCOLL
GRAND TOTALS
1056.20 255995. 50
Summary ofFees 100-160
Page: 1
Date: 08/07/2009
Total for Client ID 4131.100
Total for Client ID 4131. 117
Summary Cost Transaction File List
Sinsheimer Juhnke Lebens & Mcivor, LLP
Amount
Billable 150.00 /EFI/EFMF TRUSTEES
D.A. FETYKO- ATASCADERO COLONY
STEPHEN CHING - THOUSAND OAKS
THE VILLAGE AT MISSION LAKES - MISSION LAKES
CLAIRE MANOR, LLC - TRACT 426 CORCORAN
Billable 7. 77 /EFI/EFMF TRUSTEES
ALAN LITTLE CUSTOM HOMES, INC. - BAYVIEW DRIVE
HIGHWATER GRANADA HILLS - HIGHWATER ESTATES
REPUBLIC PROPERTIES, INC., ET AL. -CUPERTINO
FIRST PRESS PARTNERS - TIERRA VISTA
CAROLE DEANE, LLC - CAROLE DEANE
DEL VALLE CAPITAL CORP. - MONTE VISTA ESTATES
PIERCE MONTE VISTA, LLC - PIERCE MONTE VISTA
WLF VENTURES, INC. - GARDALITY UNLAWFUL DETAINER
MR. C. INVESTMENTS - KOMUSH UNLAWFUL DETAINER
COVINGTON PROPERTY HOLDINGS, L. P. - KERMAN
ALAN L. FORREST - MONTEREY
GRAND TOTALS
Billable 5341. 87
Summary of Costs 100-160
Page: 1
SJK9M
ATTORNEYS AT LAW
(805) 541-2800
EFI/EFMF TRUSTEES
Page: 1
08/05/2009
TRUSTEES CODE 308
02/16/2009 RBF Review loan documents and procedures order in
preparation to draft settlement agreement
RBF Legal research to determine procedure re: deposition of
borrower and guarantor
02/17/2009 RBF Legal research and draft settlement agreement with
borrower
02/23/2009 RBF Draft and revise settlement agreements
03/06/2009 RBF Revise settlement agreement and release to incorporate
comments by client bankruptcy counsel
03/10/2009 RBF Review borrower credit report in preparation for
borrower examination under oath
RBF Telephone conference with borrower re: examination
under oath and settlement agreements
03/11/2009 RBF Prepare for examination of borrower under oath
RBF Telephone conference with borrower re: inability to
attend examination under oath
RBF Telephone conference with client re: borrower's failure
to attend examination under oath
RBF Telephone conference with client re: borrower's failure
to appear for examination under oath and borrower' s
intent to seek bankruptcy protection
RBF Prepare email to client re: borrower's failure to
appear for examination under oath and borrower' s intent
to seek bankruptcy protection
RBF Revise settlement agreements to incorporate loan total
amounts and amounts advanced
RBF Receive and review email from client re: assignment to
Heritage Oaks Bank
RBF Review preliminary title report re: assignment to
Heritage Oaks Bank
RBF Review loan file re: assignment to Heritage Oaks Bank
1. 00
0.60
1. 20
1. 00
0. 50
0. 10
0. 10
0.20
0.40
0.20
0.30
0.20
0.20
0. 10
0.20
0.30
6.60 1, 881. 00
EFI/EFMF TRUSTEES
Page: 2
08/05/2009
TRUSTEES CODE 308
Timekeeper
RECAPITULATION
Hours
6.60
Rate
$285.00
Total
$1, 881. 00
03/13/2009 Filing and Recording Costs - McDaniel Shorthand Reporters,
Inc.
CURRENT CHARGES
PREVIOUS BALANCE
06/25/2009 Payment on account
BALANCE
150. 00
150.00
2, 031. 00
$4, 504. 50
-1, 576. 57
$4,958.93
D.A. FETYKO- AVILA BEACH
TRUSTEES CODE 310
borrower
03/06/2009 RBF Conference call with clients re: settlement and release
of borrower
03/11/2009 RBF Revise settlement agreements to incorporate loan total
Heritage Oaks Bank
Heritage Oaks Bank
03/17/2009 DAJ Review documents re: issues relating to foreclosure and
assignment of trust deeds to Heritage Oaks
1. 00
0. 60
1. 20
0.20
0. 30
0. 20
0. 10
0. 20
0. 30
0. 70
4.80 1,385. 50
EFI/EFMF TRUSTEES
Page: 3
08/05/2009
D.A. FETYKO- AVILA BEACH
TRUSTEES CODE 310
06/25/2009
Timekeeper
DAVID A. JUHNKE
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
RECAPITULATION
Hours
0. 70
4. 10
Rate
$310.00
285.00
Total
$217.00
1, 168. 50
1, 385. 50
$2,693.50
-942. 72
$3, 136. 28
D.A. FETYKO- CARMEL ROAD
TRUSTEES CODE
borrower
Heritage Oaks Bank
Heritage Oaks Bank
RECAPITULATION
1. 00
0.60
1. 20
1. 00
0. 50
0. 10
0.20
0. 30
4.90
Timekeeper
Hours
4.90
Rate
$285.00
Total
$1,396.50
06/25/2009
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
1,396. 50
1, 396. 50
$5,090.00
-1, 781. 50
EFI/EFMF TRUSTEES
Page: 4
08/05/2009
D.A. FETYKO- CARMEL ROAD
TRUSTEES CODE
BALANCE $4, 705. 00
D.A. FETYKO- N STREET, SAN MIGUEL
TRUSTEES CODE 356
preparation to draft settlement agreement 1. 00
borrower and guarantor 0. 60
borrower
02/18/2009 DAJ Review email correspondence and prepare email
1. 20
correspondence re: title and foreclosure issues 0. 30
02/19/2009 DAJ Telephone conference with Mr. Dean re: foreclosure and
title insurance issues 0.40
03/09/2009 RBF Telephone conference with Andy Fetyko re: status of
settlement; upcoming examination under oath
1. 00
0. 10
amounts and amounts advanced 0. 50
Heritage Oaks Bank 0. 10
Heritage Oaks Bank 0. 20
RBF Review loan file re: assignment to Heritage Oaks Bank 0. 30
04/09/2009 DAJ Review and prepare email correspondence to client re:
foreclosure and title issues 0. 60
07/09/2009 RBF Receive and review email from client re: issues re:
foreclosure; review memorandum re: loan summary and
recommendations; telephone conference with client re:
foreclosure 0.40
07/10/2009 RBF Review and respond to client email re: foreclosure
strategy 0. 10
RBF Review file and memorandum re: foreclosure strategy 0. 20
RECAPITULATION
Timekeeper
DAVID A. JUHNKE
Hours
1. 30
Rate
$310. 00
7. 00 2,027. 50
Total
$403. 00
EFI/EFMF TRUSTEES
Page: 5
08/05/2009
D.A. FETYKO- N STREET, SAN MIGUEL
TRUSTEES CODE 356
06/25/2009
Timekeeper
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
Hours
5. 70
Rate
285. 00
Total
1,624. 50
2,027. 50
$6, 851. 00
-2,397.85
$6,480.65
D.A. FETYKO- ROCKVIEW PLACE
TRUSTEES CODE 368
borrower
02/23/2009 RBF Draft and revise settlement agreement
03/09/2009 RBF Prepare settlement agreement and release between
Rockview Close, LLC and client
Heritage Oaks Bank
Heritage Oaks Bank
RECAPITULATION
1. 00
0.60
1. 20
1. 00
0.20
0. 50
0. 10
0.20
0. 30
5. 10
Timekeeper
Hours
5. 10
Rate
$285. 00
Total
$1,453.50
06/25/2009
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
1,453.50
1,453. 50
$1,360.00
-476.00
EFI/EFMF TRUSTEES
D.A. FETYKO- ROCKVIEW PLACE
TRUSTEES CODE 368
BALANCE
BRIZZOLARA 8 - BRIZZOLARA
TRUSTEES CODE 316
PREVIOUS BALANCE
BALANCE
ISLAY 6, LLC - ISLAY 6
TRUSTEES CODE 341
PREVIOUS BALANCE
BALANCE
ROCKVIEW CLOSE - ROCKVIEW PLACE
TRUSTEES CODE 319
PREVIOUS BALANCE
BALANCE
PICKERELL 71, LLC - PICKERELL
TRUSTEES CODE 361
PREVIOUS BALANCE
Page: 6
08/05/2009
$2,337.50
$1,520.00
-532.00
$988. 00
$539.50
-188.82
$350.68
$624.00
-218.40
$405.60
$649.00
-227. 15
EFI/EFMF TRUSTEES
Page: 7
08/05/2009
PICKERELL 71, LLC - PICKERELL
TRUSTEES CODE 361
BALANCE $421. 85
DOYA PARTNERS - MONTEBELLO OAKS
TRUSTEES CODE 349
03/17/2009 DAJ Review documents re: foreclosure and reconveyance and
related issues 0. 50
03/19/2009 GDA Email correspondence with Mr. Chang/First American
Title re: copies of documents recorded against the
property 0. 10
Title re: status of request for documents 0. 10
03/25/2009 GDA Review email correspondence from First American Title
re: recorded documents (. 1)
Review and organize documents from First American Title
(. 9) 1. 00
03/26/2009 JWM Review and analyze loan documents and recorded
documents for loan B569-04 0.80
JWM Review and analyze loan documents and recorded
documents pertaining to loan B570-04 0. 80
JWM Review and analyze loan documents and recorded docs for
loan B575-04 0.80
GDA Review and organize recorded documents 0.30
JWM Receive documents from FATCO 0. 10
03/27/2009 JWM Review and analyze loan documents and recorded
documents for loan B556-04
documents pertaining to loan B557-04
0.80
0.80
0.80
0.80
0.80
EFI/EFMF TRUSTEES
Page: 8
08/05/2009
TRUSTEES CODE 349
JWM Draft loan summaries for Doya Partners Loans
03/30/2009 JWM Continue and complete loan summaries pertaining to
loans issued to Doya Partners, LLC
04/01/2009 JWM Review and analyze loan reconciliations received from
LECG
04/03/2009 DAJ Review documents re: loan summaries and reconciliations
04/07/2009 GDA Develop strategy re: missing loan documents (. 5)
Telephone conference with Mr. Sorensen (. 1)
Review loan documents on Omni (. 3)
Review email correspondence with First American Title
DAJ Review documents re: loan files (13) re: issues
presented by problems loans
DAJ Review title documents on loans (13) plus additional
loans identified (3) re: issues for foreclosure and
possible claims
04/08/2009 GDA Office conference re: missing loan documents and
reconciliations (. 1)
Email correspondence with Mr. Armstrong re:
reconciliations for B573-04 and B579-04 (. 1)
Email correspondence with Mr. Sorenson re: loan
documents for B579-04 (. 1)
Email correspondence with First American Title re:
missing documents (. 1)
Review email correspondence from Mr. Armstrong re: B
573-04 and B579-04 (. 1)
Review email correspondence from First American Title
re: Lot 27 (. 1)
re: Lot 27 (. 1)
DAJ Review documents re: property title, loan
reconciliations on problem loans
05/13/2009 DAJ Review documents re: loan B577-04 and reconveyance of
loan
loan B577-04 reconveyance and recovery
05/14/2009 DAJ Review documents re: payoff of loan and possible claims
0.80
0.80
0.80
3. 30
2. 20
0. 60
0. 50
1.00
1. 50
1.80
0. 70
0.90
1. 30
0. 50
0. 40
28.80 6,259.00
EFI/EFMF TRUSTEES
Page: 9
08/05/2009
TRUSTEES CODE 349
06/25/2009
Timekeeper
DAVID A. JUHNKE
JOSH W. MARTIN
GINA D. AXSOM
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
RECAPITULATION
Hours
7.40
18.20
3.20
Rate
$310. 00
195. 00
130.00
Total
$2,294.00
3,549.00
416. 00
6,259.00
$65.00
-22. 75
$6, 301. 25
DOYA PARTNERS, II - REGIO PLACE
TRUSTEES CODE 366
07/01/2009 GDA Develop strategy re: Consolidated Property's motion for
relief from automatic stay; review and organize loan
documents for B682-04 and B682A-04 1.00
DAJ Review email correspondence and documents re: motion
for relief by Consolidated Propertys 0.80
DAJ Telephone conferences with counsel and client re:
motion for relief by Consolidated Propertys and
opposition arguments 0.80
07/02/2009 DAJ Review email correspondence and documents re:
06/25/2009
Consolidated Property's motion for relief and develop
strategy re: response
Timekeeper
DAVID A. JUHNKE
GINA D. AXSOM
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
RECAPITULATION
Hours
2. 00
1. 00
Rate
$310.00
130. 00
0.40
3.00
Total
$620. 00
130. 00
750.00
750.00
$208.00
-72.80
$885.20
EFI/EFMF TRUSTEES
MADISON CHASE HOMES - MADISON CHASE
TRUSTEES CODE 345
02/18/2009 REF Receive and review email from client re: revision of
agreement with lender to permit foreclosure
REF Pursuant to client request for revisions to agreement
with lender, review agreement to determine whether
revisions can be made
REF Legal research to determine legal framework to permit
payment by lender to bankruptcy estate of Estate
Financial Mortgage Fund
REF Telephone call to client responding to request for
revisions to agreement with lender to permit
foreclosure of trust deed
03/19/2009 GDA Office conference re: possible loan problem, need to
obtain recorded documents, review loan files (.2)
Review loan documents and obtain copies of property
legal descriptions (.4)
03/20/2009 GDA Review loan documents and obtain copies of legal
descriptions (. 7)
Email correspondence with Mr. Chang/First American
Title re: obtaining copies of recorded documents (.2)
JWM Receive and review email correspondence from Mr
Sorenson re: potential title issues with subject
property
JWM Review recently obtained preliminary title report for
loan B220-06
JWM Review preliminary title report for loan B211-06
JWM Review loan documents for loan B220-06
03/23/2009 GDA Office conference re: information from Mr. Sorenson
(. 1)
Title re: putting hold on document request (. 1)
Page: 10
08/05/2009
0. 10
0.40
0.80
0. 10
0.60
0.90
0.20
0.20
0.20
0.20
0.20
0.30
0. 30
0. 30
0.30
0. 30
0. 30
0.30
0.30
0.30
0. 30
0. 30
0. 30
DAJ Review documents re: preliminary title reports and
develop strategy re: foreclosure and senior lien issues
0.20
0.80
04/01/2009 DAJ Telephone conference with Mr. Sorenson re: issues
relating to DRE and condo conversion 0.20
EFI/EFMF TRUSTEES
Page: 11
08/05/2009
MADISON CHASE HOMES - MADISON CHASE
TRUSTEES CODE 345
RECAPITULATION
8. 70 1,827. 00
06/25/2009
Timekeeper
DAVID A. JUHNKE
JOSH W. MARTIN
GINA D. AXSOM
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
Hours
1. 00
1. 40
4.60
1. 70
Rate
$310.00
285. 00
195.00
130. 00
Total
$310.00
399.00
897.00
221. 00
1,827. 00
$2,544.50
-890.57
$3,480.93
TRUSTEES CODE 379
02/18/2009 RBF Receive and review client email and attached borrower
settlement offer 0.40
02/19/2009 RBF Review loan and foreclosure files in review of borrower
settlement offer 1. 00
RBF Respond to client email re: borrower settlement offer 0. 10
RBF Telephone conference with borrower re: settlement
agreement and deposition 0. 30
02/24/2009 RBF Telephone conference with borrower attorney re: scope
of and rescheduling of examination under oath 0.20
RBF Review and respond to email from borrower attorney re:
scheduling of deposition 0. 30
03/04/2009 RBF Review loan documents and draft settlement agreement,
release and credit report consent to obtain credit
report 2. 00
03/05/2009 RBF Prepare email to counsel for borrower re: status of
settlement agreement and consent to obtain credit
report 0. 10
RBF Telephone conference with borrower's counsel re: status
of settlement agreement and consent to obtain credit
report 0. 30
GDA Office conference re: debtor's examination of Mr. Ching 0. 10
EFI/EFMF TRUSTEES
Page: 12
08/05/2009
TRUSTEES CODE 379
RBF Telephone conference with borrower counsel re: borrower
bankruptcy
RBF Direction to staff re: retrieval of borrower bankruptcy
petition and schedules
RBF Telephone call to borrower bankruptcy counsel re:
bankruptcy pleadings and issues
03/06/2009 GDA Office conference re: Mr. Ching's property transfer to
Hillcrest Conejo Corporation and Hillcrest's bankruptcy
RBF Telephone conference with borrower's counsel re:
bankruptcy pleadings and disposition of properties
RBF Research re: borrower bankruptcy and effect on
bankruptcy estate to properties
RBF Telephone conference with client re: borrower
bankruptcy and next steps
03/09/2009 RBF Telephone conference with borrower bankruptcy counsel
re: borrower bankruptcy action
RBF Receive and review email correspondence from borrower
attorney re: borrower bankruptcy
RBF Review borrower bankruptcy filing to determine impact
upon settlement negotiations
RBF Telephone conference with counsel for borrower re:
bankruptcy filing and disposition of property securing
trust deeds
03/10/2009 GDA Review and obtain copy of bankruptcy docket for Stephen
Ching's company, Hillcrest Conejo Corporation (.2)
Search and obtain information from secretary of state
re: Hillcrest Conejo Corporation (. 1)
03/12/2009 RBF Receive and review borrower bankruptcy petition and
schedules
RBF Telephone call to borrower's counsel re: bankruptcy
petition and disposition of property securing trust
deeds
03/16/2009 RBF Telephone conference with borrower's counsel re:
bankruptcy petition, disposition of property securing
trust deeds, and borrower's ability to recover title to
properties
RBF Prepare email to client re: borrower bankruptcy and
disposition of property securing trust deeds
GDA Review email correspondence re: status of Mr. Ching's
loans
RBF Telephone conference with borrower counsel re: motion
to recover property securing trust deeds
0. 20
0. 20
0. 10
0. 20
0. 30
1. 20
0. 20
0. 30
0. 20
0. 70
0. 30
0. 30
1.00
0. 10
0. 30
0. 60
0. 10
0. 30
06/11/2009 RBF Receive and review client email re: borrower bankruptcy 0. 10
RBF Retrieve and review borrower bankruptcy filing 0. 30
RBF Telephone call to trustee of estate of borrower
EFI/EFMF TRUSTEES
Page: 13
08/05/2009
TRUSTEES CODE 379
bankruptcy re: release of properties from estate to
permit foreclosure
RBF Respond to client email re: borrower bankruptcy
06/19/2009 RBF Telephone call to bankruptcy trustee for borrower
bankruptcy estate re: release of EFI properties from
bankruptcy estate
RBF Telephone conference with bankruptcy trustee for
borrower estate re: disposition of trust deeds securing
EFI loans
RBF Prepare email to clients re: telephone conference with
borrower bankruptcy trustee and release of properties
to permit foreclosure
07/22/2009 RBF Respond to client email re: status of motion for relief
from stay
RBF Forward client email to client bankruptcy counsel re:
status of motion for relief from stay
RBF Prepare memorandum of points and authorities in support
of motion for relief from stay
07/24/2009 GDA Develop strategy re: motion for relief from t h ~
automatic stay (.2)
Review loan documents re: recorded trust deed (.3)
Title re: recorded trust deed (. 2)
RBF Research and review documents re: impact upon motion
for relief from stay of assignment of deeds to borrower
corporation and failure to secure property with all
three lots purchased with loan proceeds
RBF Revise memorandum of points and authorities in support
of motion for relief from stay to address assignment of
deeds to borrower wholly owned corporation, subsequent
bankruptcy of that corporation, and failure to secure
loan with all three properties purchased with loan
proceeds
07/27/2009 GDA Review correspondence, document invoice from First
American Title (.2)
Develop strategy re: trust deed (. 1)
Email correspondence with Ms. Mackle and Mr. Kandel re:
recorded trust deed (. 1)
Email correspondence with Mr. Sorenson and Mr. Farrell
re: First American Title invoice (. 1)
Review and organize loan documents (. 1)
RECAPITULATION
0. 10
0. 10
0. 10
0. 30
0.40
0. 10
0. 10
3. 00
0. 70
1. 70
0. 70
0.60
19.70 5,304. 50
Timekeeper
GINA D. AXSOM
Hours
17.70
2.00
Rate
$285.00
130.00
Total
$5,044.50
260. 00
EFI/EFMF TRUSTEES
Page: 14
08/05/2009
TRUSTEES CODE 379
12/01/2008
06/25/2009
Document Copies - Ventura County Recorder
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
17.00
17.00
5, 321. 50
$3,640.50
-1,274.17
$7,687.83
SHOPPING CENTER
TRUSTEES CODE 346
02/23/2009 RBF Receive and review correspondence from attorney for
City of Desert Hot Springs; (.3)
Receive and review email from client re: same (. 1) 0.40
RBF Telephone conference with counsel for City of Desert
Hot Springs re: status of foreclosure, issues
concerning properties, and efforts to obtain
cooperation from borrower 0.40
RBF Telephone conference with client re: telephone
conference with counsel for City of Desert Hot Springs 0.10
RBF Prepare response to correspondence from attorney for
City of Desert Hot Springs 0. 30
03/16/2009 GDA Review and organize documents for file 0.20
03/17/2009 JWM Review title and loan documents to confirm status of
title to properties, order updated property profile
from FATCO 0. 80
GDA Office conference re: status, additional documents
needed 0.40
Title re: documents recorded against property (. 1)
Review email correspondence and documents from First
American Title (. 1)
(. 6)
Email correspondence with Mr. Prada and Mr. Dean re:
invoice from First American Title (. 1) 0.90
03/20/2009 JWM Receive and review property profiles from First
American Title Company 0.40
JWM Compose brief report to Mr. Frederickson re: status of
EFI/EFMF TRUSTEES
Page: 15
08/05/2009
SHOPPING CENTER
TRUSTEES CODE 346
title to property
03/26/2009 GDA Review and organize recorded documents
03/30/2009 REF Telephone conference with City Attorney re: unpaid City
fees and disposition of foreclosure
04/21/2009 REF Receive and review email from client bankruptcy counsel
re: Cal Plastering mechanic's lien
REF Receive and review email from client responding to
bankruptcy counsel email re: Cal Plastering mechanic's
lien
REF Telephone conference with client re: Cal Plastering
mechanic' s lien and re-commencement of foreclosure
RBF Telephone conference with First American Title Company
re: FCI Lender Services documents and recommencement of
foreclosure process
REF Prepare email response to client and client bankruptcy
counsel re: recommencement of foreclosure process
REF Receive email from client bankruptcy counsel re:
recommencement of foreclosure process and impact on
negotiations with Cal Plastering
RBF Prepare response to email from client bankruptcy
counsel re: agreement re: mechanic's lien
RBF Telephone conference with clients' bankruptcy counsel
re: priority of mechanic's lien and ability to
foreclose upon lien
REF Review loan file documents re: mechanic's lien priority
issue raised by client bankruptcy counsel
REF Prepare email to client bankruptcy counsel re:
mechanic's lien priority issue
REF Review bankruptcy pleadings re: mechanic's lien 1ssue
04/22/2009 REF Receive and review trust deed to determine priority of
mechanic' s lien claim
04/23/2009 RBF Review pleadings in support of and in opposition to
motion for relief from stay in determination of
validity of claim
REF Research to determine whether stop notice subject to
foreclosure re: Cal Plastering claim
REF Research to determine whether claim for violation of
stop notice subject to bankruptcy stay and, if not,
impact of judgment upon claim
REF Review trust deeds and loan file documents to determine
priority of trust deed with regard to Cal Plastering
stop notice
04/27/2009 REF Research to determine extent of Cal Plastering stop
notice claim
0. 30
0. 10
0.40
0. 10
0. 10
0. 10
0. 10
0. 30
0. 10
0. 10
0.30
0.80
0. 30
0. 50
0.40
1.40
0. 80
1.00
1. 00
1. 00
EFI/EFMF TRUSTEES
Page: 16
08/05/2009
SHOPPING CENTER
TRUSTEES CODE 346
REF Research bankruptcy law re: Cal Plastering stop notice
claim 0. 80
REF Prepare email to client bankruptcy attorney re: Cal
Plastering stop notice claim 1. 00
05/06/2009 DAJ Review documents re: mechanic's lien issues and claim
of priority
05/07/2009 GDA Review recorded documents re: trust deed and develop
strategy re: same
]WM Office conference with Ms. Axsom re: foreclosure status
and status of mechanic's lien upon property
05/13/2009 REF Telephone conference with client re: foreclosure
strategy
REF Telephone conference with client foreclosure agent Don
Vaughn re: foreclosure strategy
RBF Prepare email to client foreclosure agent Don Vaughn
re: foreclosure strategy
GDA Office conference re: foreclosure documents and status;
review correspondence re: same
06/11/2009 REF Telephone conference with guarantor James Mereck re:
resolution of claim on personal guaranty
REF Telephone conference with borrower managing member and
guarantor Michael Risman re: settlement
06/24/2009 REF Telephone conference with counsel for borrower re:
recordation of notice of default and other issues
pertaining to property
07/08/2009 REF Review history of Cal Plastering claim, prior research
and prior communications in preparation for meeting
with client bankruptcy counsel re: Cal Plastering
mechanic's lien claim
REF Telephone conference with client bankruptcy counsel re:
Cal Plastering claim re: stop notice liability
REF Research re: Cal Plastering stop notice liability and
applicable statute of limitations
REF Telephone call to client re: possible statute of
limitations bar to Cal Plastering claim
07/09/2009 REF Research re: defenses to mechanic's lien claim of Cal
Plastering, Inc.
merits of Cal Plastering mechanic's lien and stop
notice claims
REF Review complaint filed by Cal Plastering re:
foreclosure of mechanic's lien
0. 50
0. 50
0. 30
0. 20
0. 30
0. 50
0. 30
0. 50
0. 20
0.40
0. 40
0. 20
1. 00
0. 10
2.20
0.40
0. 30
EFI/EFMF TRUSTEES
SHOPPING CENTER
TRUSTEES CODE 346
arguments in opposition to Cal Plastering mechanic's
lien claim
REF Telephone call to client property development
consultant re: status of construction on project re:
Cal Plastering mechanic's lien claim
Page: 17
08/05/2009
0. 20
0. 10
REF Email correspondence with client and client bankruptcy
counsel re: Cal mechanic's lien claim 0.20
07/20/2009 REF Telephone conference with Desert Hot Springs City
Attorney re: foreclosure status and property issues
12/01/2008
06/25/2009
Timekeeper
DAVID A. JUHNKE
JOSH W. MARTIN
GINA D. AXSOM
RECAPITULATION
Hours
0. 50
19. 30
1. 80
2.40
Document Copies - Riverside County Recorder
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
MORNINGSIDE DEVELOPMENT - CORNELL STREET
TRUSTEES CODE 351
PREVIOUS BALANCE
BALANCE
Rate
$310.00
285.00
195.00
130. 00
0. 30
24.00 6,318. 50
Total
$155. 00
5,500. 50
351. 00
312.00
30.00
30. 00
6, 348. 50
$6,124.00
-2,143.40
$10, 329. 10
$4,987.50
-1,745.62
$3, 241. 88
EFI/EFMF TRUSTEES
Page: 18
08/05/2009
D&D PROJECTS, LLC - MOJAVE
TRUSTEES CODE 347
03/17/2009 JWM Review and analyze case status 0.60
GDA Office conference re: status, additional documents
needed 0. 30
Review correspondence and documents from First American
Title (. 1)
Organize documents from First American title (. 1)
Email correspondence with Mr. Farrell and Mr. Dean re:
invoice from First American Title (. 1) 0.40
03/19/2009 GDA Office conference re: missing recorded documents,
obtaining missing documents 0. 10
JWM Review documents received from First American Title
Company to confirm status of title and instruct Ms.
Axsom on need for further documents from FATCO 0.90
03/20/2009 GDA Review grant deeds (. 1)
missing documents on two parcels (.2)
Review email correspondence from First American
Title (. 1)
Review and organize additional recorded documents (. 2)
Office conference re: additional recorded
documents (. 1) 0. 70
03/26/2009 GDA Office conference re: recorded documents, status of
property (. 1)
Review and organize recorded documents (.2) 0. 30
JWM Receive and review further documents from First
American Title Company confirming status of title to
the three subject properties 0.40
03/30/2009 JWM Draft brief report to Mr. Frederickson concerning
status of title to property
06/25/2009
Timekeeper
JOSH W. MARTIN
GINA D. AXSOM
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
RECAPITULATION
Hours
2. 10
1. 80
Rate
$195.00
130. 00
0.20
3.90
Total
$409. 50
234. 00
643. 50
643.50
$4,224.00
-1, 478. 40
EFI/EFMF TRUSTEES
Page: 19
08/05/2009
D&D PROJECTS, LLC - MOJAVE
TRUSTEES CODE 347
BALANCE $3,389.10
SECOND PRESS PARTNERS - 12TH ST. SAN MIGUEL
TRUSTEES CODE 303
PREVIOUS BALANCE
BALANCE
$2,866.50
-1,003.27
$1,863.23
TRUSTEES CODE 326
02/19/2009 KDE Office conference with Mr. Frederickson re: revising
agreement to allow foreclosure to buy out by investor 0. 20
RBF Office conference with attorney Elder re: revision to
agreement permitting foreclosure by lender 0. 30
02/23/2009 KDE Review and analyze email correspondence from client re:
change in deal terms to investor buying out EFI 0. 20
KDE Review and revise agreement to reflect change in deal
terms to sell EFI' s interest in the loan to Mr.
Thornton 0.40
02/24/2009 KDE Office conference with Mr. Frederickson re: terms of
purchase agreement with Mr. Thornton 0.20
KDE Draft agreement for purchase by Mr. Thornton of EFI' s
interest in loan 0. 50
02/25/2009 RBF Review draft purchase agreement 0.40
KDE Draft agreement of purchase by Mr. Thornton of EFI' s
interest in the loan 2. 70
KDE Email correspondence with Mr. Frederickson re: purchase
agreement 0.20
RBF Prepare email attaching revised agreement 0. 10
03/02/2009 KDE Office conference with Mr. Frederickson re: Mr.
Thornton' s comments to agreement 0. 10
KDE Review email correspondence from Mr. Thornton re:
comments to agreement 0.20
KDE Telephone conference with Mr. Dean and Mr. Frederickson
re: Mr. Thornton's comments to the agreement 0. 10
KDE Review and revise agreement to reflect revised deal
EFI/EFMF TRUSTEES
Page: 20
08/05/2009
TRUSTEES CODE 326
terms 0. 30
RBF Receive and review email from client attaching email
from lender re: settlement agreement; review agreement
and trust deed 0.40
03/03/2009 KDE Office conference with Mr. Frederickson re: revising
agreement allowing foreclosure 0. 10
KDE Review and revise agreement allowing foreclosure to
reflect revised deal terms 0. 80
03/09/2009 RBF Telephone conference with client re: investor objection
to settlement agreement 0.20
RBF Review file re: investor objections to settlement
agreement 0. 50
RBF Review loan documents re: investor objection to
settlement agreement 1. 00
RBF Telephone conference with client re: review of file and
loan documents re: investor objection to settlement
agreement 0. 30
RBF Prepare email to client re: investor objection to
settlement agreement 0. 10
RBF Revise settlement agreement to reflect changes
requested by client and borrower 0.40
03/16/2009 RBF Telephone conference with investor Thornton re:
agreement permitting foreclosure of trust deed 0.20
conference with investor Thornton permitting
foreclosure of trust deed securing loan 0. 20
RBF Revise agreement permitting foreclosure of trust deed 0.40
RBF Prepare correspondence to client permitting foreclosure
of trust deed securing loan 0.20
03/17/2009 GDA Office conference re: correspondence and foreclosure
agreement to Mr. and Mrs. Thornton 0. 20
DAJ Review documents re: issues relating to condo
conversion
03/18/2009 GDA Develop strategy re: loan review, obtaining recorded
documents (. 1)
Develop strategy re: transfer of property from Madison
Chase to First Press Partners to Claire Manor and
obtaining additional corporate information (.2)
Search and obtain information re: Claire Manor, First
Press Partners and Madison Chase (.2)
Review loan documents re: legal descriptions, deeds
0. 50
(. 3) 0. 80
RBF Receive and review email from investor re: agreement to
permit foreclosure 0. 10
RBF Telephone conference with investor re: settlement
agreement to permit foreclosure 0.40
EFI/EFMF TRUSTEES
Page: 21
08/05/2009
TRUSTEES CODE 326
conference with investor re: agreement to permit
foreclosure
JWM Investigate facts underlying condominium conversion
review laws re: condominium conversion
and
JWM Continue review and analysis of documents
KDE Office conference with Mr. Frederickson re: revision
agreement permitting foreclosure
of
03/19/2009 GDA
RBF
JWM
KDE
03/20/2009 JWM
GDA
JWM
JWM
JWM
KDE
03/21/2009 KDE
KDE
KDE
Office conference re: obtaining recorded documents (. 1)
Title re: recorded documents (. 1)
Telephone conference with investor re: revision of
Email correspondence from Mr. Sorensen re: status of
DRE application; (. 2)
Telephone conference with Sam Gilstrap (.3)
Review and revise agreement to allow foreclosure to
reflect revised deal terms
Telephone conference with Sherm Donegan re: application
to DRE
Office conference re: status of obtaining recorded
documents, condo conversion
Telephone conference with Sam Gilstrap re: DRE
application; (. 3)
Review regulations of DRE commissioner re:
signature (. 4)
Leave message for Sherm Donegan
Review and analyze operating agreement for Claire
Manor, LLC; (. 8)
Review applicable regulations of real estate
commissioner (. 6)
Legal research re: date lien created by deed of trust
is effective
Legal research re: date lien created by deed of trust
is effective
Review and revise agreement allowing foreclosure
Email correspondence with Mr. Frederickson re: revised
03/23/2009 JWM Email correspondence with Mr. Donegan re: DRE
application for public report
03/24/2009 JWM Email correspondence with Ms. Machado re: foreclosure
0. 10
2. 10
1. 50
0.20
0.20
0. 30
0. 50
1. 50
0.40
0.20
0. 70
0. 10
1. 40
1. 00
2. 00
1. 00
0. 20
0.20
status of Claire Manor Properties 0.20
]WM Receive documents from Mr. Donegan, subdivision/DRE
specialist 0. 10
GDA Email correspondence with Mr. Chang/First American
Title re: status of requested documents 0. 10
EFI/EFMF TRUSTEES
Page: 22
08/05/2009
TRUSTEES CODE 326
03/25/2009 JWM Receive, review and analyze Claire Manor LLC' s
application to DRE for a final public report
JWM Receive and review of First Press Partners' operating
agreement
GDA Review email correspondence from First American
Title (. 1)
Review and organize documents from First American
Title (. 6)
JWM Draft factual summary; (2. 5)
Telephone conference with Don Vaugh at All-American
Foreclosure Services; (. 3)
Telephone conference with Chris Neri, head of
subdivisions, Chet Schoyers (. 3)
03/26/2009 JWM Telephone conference with Sherm Donegan, subdivision
specialist re: strategy for obtaining required
permission from CA Dept. of Real Estate
GDA Review and organize recorded documents
JWM Receive, review and analyze documents from First
American Title Company re: foreclosure status of
properties
GDA Review memorandum re: status of application with
Department of Real Estate
RBF Review loan file in determination of client' s interest
in construction trust deed for purposes of assignment
to investor as part of settlement agreement
03/27/2009 RBF Review and revise agreement permitting foreclosure,
deed of trust, and assignment of deed of trust
RBF Office conference with attorney Elder re: issue
pertaining to assignment of interest of Estate
Financial Mortgage Fund, LLC
RBF Telephone conference with client re: issue pertaining
to EFMF interest in construction trust deed
RBF Prepare email to client re: issues pertaining to EFMF
assignment to Thorntons
RBF Telephone conference with investor re: assignment of
interest in trust deed
RBF Prepare agreement and deeds for fax to investor
DAJ Review documents and develop strategy re: foreclosure
and settlement issues
KDE Office conference with Mr. Frederickson re: agreement
permitting foreclosure
0. 70
0. 30
0. 70
3. 10
0.40
0. 30
2.90
0. 20
3. 30
2.00
0.40
0. 10
0. 50
0. 30
0. 30
0. 30
0.20
03/30/2009 JWM Confer with Mr. Juhnke re: condo conversion 0.20
DAJ Review documents re: status of DRE planned development
application and options for completion of process 0. 50
03/31/2009 RBF Review loan file documents to determine investor
Thornton interest in underlying lot to determine impact
EFI/EFMF TRUSTEES
Page: 23
08/05/2009
TRUSTEES CODE 326
of foreclosure
REF Research to determine impact of foreclosure by one
investor 1n one lot, where investment secured by entire
parcel
04/01/2009 JWM Develop strategy re: foreclosure issues with Claire
Manor development
JWM Telephone conferences with client property development
consultant re: DRE issues
JWM Telephone conferences and email correspondence with
client property development consultant re: ongoing
issues with requirements of Dep't of Real Estate
RBF Office conference attorneys Juhnke and Martin re: DRE
issues pertaining to property
REF Telephone conference with client re: DRE issues
concerning property
RBF Develop strategy re: DRE issue and impact upon
foreclosure process
REF Telephone conference with client building consultant
Sam Gilstrap re: DRE issue and impact upon foreclosure
RBF Telephone conference with Donegan Construction re: DRE
issue
REF Telephone conference with Donegan Construction and
client construction consultant re: DRE issue and final
tract map recording issue
REF Telephone conference with client construction
consultant re: DRE issue and further investigation
REF Review Omni database to determine reason for DRE
application re: change of ownership
04/03/2009 JWM Receive and review email correspondence from client
property development consultant re: status of
application with DRE;
REF Receive and review email from client property
development consultant re: DRE action
REF Office conference with attorney Martin re: client
property development consultant's email re: DRE action
RBF Telephone conference with investor Hal Thornton re:
status of settlement and agreement permitting
foreclosure
JWM Compose responsive email to client re: status of
application with DRE
04/06/2009 JWM Telephone conference with client property development
consultant re: necessity of application for public
report prior to selling properties in Corcoran
REF Review correspondence from investor Thornton and
attached documents re: settlement agreement
consultant re: settlement with investor Thornton
1. 00
2. 00
0.40
0. 30
0.80
0. 30
0. 20
0. 50
0. 30
0. 30
0.40
0. 10
0. 50
0. 10
0. 10
0.20
0. 50
0. 50
0. 30
0. 30
0. 30
EFI/EFMF TRUSTEES
Page: 24
08/05/2009
TRUSTEES CODE 326
04/07/2009 RBF Telephone conference with client property development
consultant re: DRE issues
RBF Telephone conference with investor Thornton re:
resolution of DRE issue
RBF Telephone call to client bankruptcy counsel re:
approval of agreements in support of Thornton agreement
04/13/2009 RBF Prepare correspondence to clients re: execution of
agreement permitting foreclosure and assignment of
interest in trust deed
RBF Prepare correspondence to clients' bankruptcy counsel
re: bankruptcy court approval of agreement permitting
foreclosure
04/15/2009 RBF Telephone conference with investor Thornton re: status
of request to lift stay to permit property foreclosure
settlement agreement with investor Thornton
RBF Review Thornton settlement agreement re: enforceability
of trust deed upon investors' failure to make
settlement payment
motion approving agreement with investor Thornton
04/29/2009 RBF Telephone conference with client re: proposed changes
to agreement permitting foreclosure
RBF Revise agreement permitting foreclosure per revisions
by client and client bankruptcy counsel
RBF Prepare email to client bankruptcy counsel attaching
revised agreement permitting foreclosure
RBF Receive and review client bankruptcy counsel draft
motion in support of order approving agreement
RBF Review client response to draft motion for order
approving
RBF Respond to client email re: revised agreement
RBF Telephone conference with client re: agreement
RBF Revise agreement permitting foreclosure per
instructions from client
RBF Prepare email to client bankruptcy counsel attaching
revised agreement permitting foreclosure
RBF Prepare correspondence to investor enclosing revised
KDE Review and revise agreement permitting foreclosure
05/11/2009 RBF Receive and review correspondence from investor
Thornton re: status of agreement to permit foreclosure
0.20
0. 10
0. 10
0.40
0. 50
0.40
0. 20
0.40
0. 30
0. 30
0. 30
0.20
0. 10
0. 10
0. 10
0. 20
0.20
0. 10
0. 30
0.40
0. 10
EFI/EFMF TRUSTEES
Page: 25
08/05/2009
TRUSTEES CODE 326
agreement to permit foreclosure 0. 20
RBF Telephone conference with investor Thornton re: status
of agreement permitting foreclosure 0.20
RBF Collect documents to permit foreclosure 0.40
RBF Telephone conference with foreclosure service re:
foreclosure sale and associated agreement and documents 0.20
RBF Draft correspondence to foreclosure service re:
agreement permitting foreclosure and associated
documents 0. 70
RBF Assist staff in preparing correspondence to foreclosure
service re: agreement permitting foreclosure 0.40
RBF Receive, review and respond to client email re: status
of agreement permitting foreclosure 0. 10
05/14/2009 GDA Review and organize correspondence and other documents
re: agreement 0.30
06/01/2009 KDE Review loan file re: assignment of rent prov1s1ons 1.00
KDE Legal research re: contents of effective assignment of
rents and obtaining rents without assignment of rents 2.00
KDE Email correspondence with Mr. Frederickson re:
assignment of rent provisions in deed of trust 0. 70
----
RECAPITULATION
64.00 15,692.50
06/01/2009
06/25/2009
Timekeeper
DAVID A. JUHNKE
KEVIN D. ELDER
JOSH W. MARTIN
GINA D. AXSOM
Hours
1. 30
26.30
16.20
17.20
3.00
Rate
$310. 00
285. 00
250.00
195.00
130.00
Overnight - RESS Financial Corporation - Bruce Beasley
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
Total
$403.00
7,495. 50
4,050.00
3,354.00
390.00
7.92
7.92
15,700.42
$6, 337. 50
-2,218.12
$19,819.80
EFI/EFMF TRUSTEES
ALAN LITTLE CUSTOM HOMES, INC. - BAYVIEW DRIVE
TRUSTEES CODE 312
Page: 26
08/05/2009
03/03/2009 Overnight -to Ann M. Blessing of Rogers Joseph O'Donnell
7. 77
7. 77
CURRENT CHARGES
PREVIOUS BALANCE
BALANCE
7. 77
$9,514.00
-3,329.90
$6, 191. 87
MORRO BAY 4, LLC - MORRO AVENUE HOMES
TRUSTEES CODE 352
06/29/2009 RBF Telephone conference with client client foreclosure
agent re: commencement of foreclosure 0. 10
07/10/2009 RBF Review file and memorandum re: foreclosure strategy 0. 30
06/25/2009
RBF Develop strategy re: whether to pursue judicial
foreclosure 0.20
RECAPITULATION
Timekeeper
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
Hours
0. 60
Rate
$285. 00
0. 60
Total
$171. 00
171. 00
171. 00
$5,659.50
-1,980.83
$3,849.67
FRESNO PARK COMMUNITIES, II - BONITA AVENUE
TRUSTEES CODE 315
PREVIOUS BALANCE
$5,220.00
-1,827.00
EFI/EFMF TRUSTEES
Page: 27
08/05/2009
FRESNO PARK COMMUNITIES, II - BONITA AVENUE
TRUSTEES CODE 315
BALANCE $3, 393. 00
TRUSTEES CODE 338
03/10/2009 RBF Telephone conference with client re: impact of
foreclosure upon recordation of subdivision map 0. 30
03/17/2009 GDA Review correspondence and documents re: status 0. 70
04/28/2009 RBF Receive and review email from unsecured creditor's
committee counsel re: MKA claims and foreclosure 0. 10
RBF Review memoranda re: MKA claims and foreclosure in
preparation for telephone conference call re: same 0. 60
RBF Telephone conference with unsecured creditor's
committee counsel re: MKA claims and foreclosure 0.40
GDA Review documents from Doss Law and obtain copy of
complaint in MKA Associates v. Highwater Granada Hills,
et al. 0. 20
04/29/2009 GDA Review email correspondence from Mr. Gabriel and
prepare response (.2)
Review documents and obtain copies of trust deeds and
notes and transmit to Mr. Gabriel (. 3)
Review and organize documents (. 5) 1. 00
04/30/2009 GDA Review loan documents and obtain copies of trust deed
02/06/2009
02/28/2009
03/01/2009
and notes and transmit to Mr. Gabriel 1.60
RECAPITULATION
Timekeeper
GINA D. AXSOM
Hours
1. 40
3.50
Rate
$285. 00
' 130. 00
Filing and Recording Costs - Los Angeles County
Registrar-Recorder - substitution of trustee and full
reconveyance
Overnight - to Los Angeles County Register-Recorder on
1/29/09
Attorney Service - Los Angeles Superior Court - online
civil party name search re: Ron Cooper
CURRENT CHARGES
4.90
Total
$399. 00
455. 00
854.00
24. 00
7.28
9.50
40. 78
894. 78
EFI/EFMF TRUSTEES
Page: 28
08/05/2009
TRUSTEES CODE 338
PREVIOUS BALANCE
BALANCE
$8,717.00
-3,050.95
$6, 560. 83
REPUBLIC PROPERTIES, INC., ET AL. -CUPERTINO
TRUSTEES CODE 329
02/25/2009 JWM Office conference with Ms. Axsom re: status of
properties, brief review of properties and instructions
to Ms. Axsom to obtain documents 0. 30
02/27/2009 GDA Develop strategy re: status of loans, obtaining
additional documents (.2)
Review documents re: legal descriptions of
property (. 2)
Title re: obtaining all documents recorded against the
property (. 1)
Review database re: loan documents for B507-00 and
obtain copy of index (.2) 0. 70
03/03/2009 GDA Review email correspondence and documents from Mr.
Chang/First American Title (.2)
invoice from First American Title for property search
and (. 1) 0. 30
03/04/2009 GDA Review and organize recorded documents from First
American Title by parcel, and determine need for copies
of additional documents (1.0)
Title re: additional documents (. 1)
Review email correspondence and additional documents
from Mr. Chang/First American Title (. 1) 1. 20
03/05/2009 GDA Review documents and prepare timeline re: property 0. 30
03/06/2009 GDA Review documents and prepare timeline re:
property; (1. 2)
Email correspondence to Mr. Chang/First American Title
re: additional documents (.3)
1. 50
4. 30 578.50
EFI/EFMF TRUSTEES
Page: 29
08/05/2009
REPUBLIC PROPERTIES, INC. , ET AL. - CUPERTINO
TRUSTEES CODE 329
12/03/2008
06/25/2009
Timekeeper
JOSH W. MARTIN
GINA D. AXSOM
RECAPITULATION
Hours
0. 30
4.00
Rate
$195. 00
130. 00
Document Copies - Santa Clara County Recorder
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
Total
$58. 50
520. 00
80.00
80. 00
658. 50
$2,242.50
-784.88
$2, 116. 12
VIANA DEVELOPMENT - MORRO LOTS
TRUSTEES CODE 353
05/21/2009 GDA Review loan documents; office conference re: additional
information needed; email correspondence with Mr.
Armstrong re: reconcilations (.5)
Title re: documents recorded against property (. 2) 0. 70
05/22/2009 GDA Review and organize recorded documents from First
American Title; email correspondence with Mr. Sorenson
and Mr. Farrell re: invoice from First American Title 0.40
05/27/2009 GDA Email correspondence with Mr. Armstrong re:
reconciliations; review loan reconciliation and
analysis and construction trust account analysis
DAJ Review documents re: loan B122-07
DAJ Prepare analysis and recommendations for client
05/28/2009 DAJ Review and revise detailed status report and
recommendations to client
06/22/2009 RBF Telephone conference with clients re: foreclosure
status and other issues
06/30/2009 RBF Prepare correspondence to client foreclosure agent
commence foreclosure of trust deed securing note
07/06/2009 RBF Receive, review and forward notice of sale
RBF Office conference with attorney Juhnke re: issues
0.40
1. 20
1. 40
1. 30
0. 20
re:
0. 20
0. 10
EFI/EFMF TRUSTEES
Page: 30
08/05/2009
VIANA DEVELOPMENT - MORRO LOTS
TRUSTEES CODE 353
pertaining to foreclosure of trust deed securing loan 0. 20
RBF Review memorandum re: Esposito issue in preparation for
telephone conference with client re: foreclosure issues 0. 20
RBF Telephone conference with client re: foreclosure issues 0. 30
DAJ Review documents re: foreclosure of morro lots and
telephone conference with client re: issues on
foreclosure and potential claims 0. 30
07/13/2009 DAJ Review property valuations and prepare recommendations
to client re: foreclosure 0. 70
PROFESSIONAL SERVICES RENDERED 7. 60 2,056. 00
06/25/2009
Timekeeper
DAVID A. JUHNKE
GINA D. AXSOM
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
RECAPITULATION
Hours
4.90
1. 20
1. 50
Rate
$310. 00
285. 00
130.00
Total
$1, 519. 00
342. 00
195. 00
2,056.00
$332.50
-116. 38
$2,272.12
VIANA DEVELOPMENT - NUTMEG
TRUSTEES CODE 358
04/28/2009 RBF Telephone conference with client re: foreclosure issue
and previous deed of trust 0. 10
RBF Telephone conferences with Pacific Oak Foreclosure
Company re: issues concerning foreclosure 0.20
05/21/2009 RBF Develop strategy re: Esposito interest in property 0. 10
RBF Telephone call to client foreclosure agent re: status
of foreclosure 0. 10
GDA Review and organize loan documents for B302-06
(underlying loan); office conference re: additional
information needed; email correspondence with Mr.
Armstrong re: reconciliations 1. 30
DAJ Review documents re: loan B121-07 1.20
DAJ Review documents re: loan B302-06 1.20
DAJ Review documents re: payments to Esposito and Guth on
Viana loans and develop strategy re: possible claims 1. 20
EFI/EFMF TRUSTEES
TRUSTEES CODE 358
DAJ Telephone conference with client re: issues on Viana
Page: 31
08/05/2009
loans 0. 30
DAJ Review documents re: property profile on Nutmeg lots 0.80
05/22/2009 GDA Email correspondence with First American Title re:
recorded documents; review and organize recorded
documents from First American Title; email
correspondence with Mr. Sorenson and Mr. Farrell re:
invoice from First American Title (. 5)
additional documents re: Lot 3 (.2) 0. 70
DAJ Review documents re: underlying purchase loan 0. 80
DAJ Review documents re: loan on Lot 3 0.80
DAJ Review documents and prepare memorandum to client re:
analysis and recommendations 0.80
05/26/2009 GDA Review and organize documents from First American
Title; email correspondence with First American Title
re: invoice for recorded documents; email
correspondence with Mr. Sorenson and Mr. Farrell re:
First American Title invoice 0. 50
05/27/2009 RBF Telephone conference with client foreclosure agent re:
status of foreclosure of senior lien 0.20
RBF Prepare email to attorney Juhnke re: telephone
conference with client foreclosure agent re: status of
foreclosure of senior lien 0. 10
GDA Review correspondence re: foreclosure status 0. 10
DAJ Review documents re: property profile 0.60
DAJ Legal research re: issues relating to foreclosure of
senior and junior liens 0.80
05/28/2009 DAJ Legal research re: issues relating to one action rule
and anti-deficiency 1. 10
DAJ Review and revise detailed status report and
recommendations to client ~ 1. 70
05/29/2009 GDA Email correspondence with Mr. Sorenson re: RIPR or
preliminary title report on properties involving
borrower John Esposito; review trustee's sale guarantee
on Nutmeg lot 3 0.40
06/22/2009 RBF Telephone conference with clients re: foreclosure
status and other issues 0.20
06/23/2009 RBF Telephone call to client foreclosure agent re:
recommencement of foreclosure of trust deed per client
instruction 0. 10
06/29/2009 RBF Telephone conference with client foreclosure agent re:
re-commencement of foreclosure on priority trust deed 0. 10
EFI/EFMF TRUSTEES
Page: 32
08/05/2009
TRUSTEES CODE 358
06/30/2009 REF
GDA
07/06/2009 REF
07/09/2009 DAJ
07/10/2009 DAJ
07/13/2009 DAJ
07/15/2009 REF
Prepare correspondence to client foreclosure agent re:
re-commencement of foreclosure; prepare email to staff
re: correspondence to client foreclosure agent and
enclosure
Review loan documents and obtain copy of trust deed to
send to Mr. Cooper re: foreclosure
Review-memorandum re: Esposito issues in preparation
for telephone conference with client re: foreclosure
Review email correspondence re valuations of properties
and develop strategy re: foreclosure issues
Review email correspondence and documents re: broker
valuations and strategy for collection from Esposito
Review documents re: property valuation and prepare
recommendations to client re: foreclosure
Telephone conference with clients re: claims against
Esposito and foreclosure strategy
0. 20
0. 20
0. 30
0. 50
0. 30
0. 70
0. 50
PROFESSIONAL SERVICES RENDERED 18. 20 5, 011. 00
RECAPITULATION
06/25/2009
Timekeeper
DAVID A. JUHNKE
GINA D. AXSOM
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
FIRST PRESS PARTNERS - MOUNTAIN VIEW
TRUSTEES CODE 354
PREVIOUS BALANCE
Hours
12.80
2.20
3.20
Rate
$310.00
285.00
130.00
Total
$3,968.00
627. 00
416. 00
5, 011. 00
$584.00
-204.40
$5,390.60
$325. 00
-113. 75
EFI/EFMF TRUSTEES
FIRST PRESS PARTNERS - MOUNTAIN VIEW
TRUSTEES CODE 354
BALANCE
FIRST PRESS PARTNERS - TIERRA VISTA
TRUSTEES CODE 381
02/27/2009 GDA Review database re: loan documents for B630-03 and
B545-04 (. 1)
Review email correspondence and email correspondence
Page: 33
08/05/2009'
$211. 25
with Mr. Sorenson re: loan documents for B545-04 (. 2) 0. 30
12/17/2008
06/25/2009
RECAPITULATION
Timekeeper
GINA D. AXSOM
Hours
0.30
Document Copies - Tulare County Recorder
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
Rate
$130. 00
0. 30
Total
$39.00
39. 00
11. 00
11. 00
50. 00
$7,692.50
-2,692.38
$5,050.12
TRUSTEES CODE 320
Title re: copies of recorded documents
0. 10
re: recorded documents 0. 10
04/28/2009 GDA Email correspondence with Ms. Pierce and Mr. Dean re:
invoice from First American Title 0. 10
05/19/2009 RBF Review loan summary 0. 30
RBF Review loan documents 0. 90
RBF Review trust deeds and documents recorded against
EFI/EFMF TRUSTEES -
Page: 34
08/05/2009
TRUSTEES CODE 320
property title re: Maria Vista Estates quiet title
action
REF Review preliminary title report re: Maria Vista Estates
quiet title action
REF Telephone call to counsel for Maria Vista Estates re:
quiet title action
05/21/2009 REF Telephone conference with attorney for creditor Maria
Vista Estates re: status of action and lis pendens
RBF Retrieve copy of lis pendens to be forwarded to
attorney for creditor Maria Vista Estates
REF Forward copy of lis pendens to attorney for creditor
Maria Vista Estates
05/22/2009 GDA Office conference re: withdrawal of lis pendens;
telephone conference with Ms. Rau/Ogden & Fricks re:
need for new notary language in withdrawal of lis
pendens
REF Review loan file
REF Review trust deeds and trust deed assignments
REF Research re: impact of foreclosure upon incorrect
assignments of trust deeds
05/26/2009 REF Prepare timeline of instruments recorded against title
record to determine priority of secured claims
consultant re: property condition, entitlement status
and construction progress
05/27/2009 REF Research to determine priority of EFI interest in trust
deed and procedure to invalidate/challenge improper
assigiLIDent of entire beneficial interest in trust deed
to investor/borrower
RBF Draft loan summary and recommendations
GDA Review loan summary; email correspondence with Mr.
Armstrong re: Phase I reconciliation
05/28/2009 REF Review Phase I reconciliation
GDA Review loan reconciliation (.2)
Develop strategy re: demand letter, locating borrower
Robert D. Robinson (. 3)
Review assessor, tax collector and other records re:
borrower Robert D. Robinson (1.9)
REF Examine San Luis Obispo County Assessor and Planning
and Building Department records re: status of property
entitlements and permits
REF Research to determine legal effect of EFI assignment of
loan and entire beneficial interest in construction
deed of trust to borrower/investor Costa
REF Revise loan summary and recommendations to reflect
legal impact of loan assignments, issues concerning
0. 80
0. 40
0. 10
0. 10
0. 30
0. 10
0. 30
1.80
0. 70
0.90
1. 70
0.30
1.40
1.20
0. 30
0. 70
2.40
0. 60
1. 30
EFI/EFMF TRUSTEES
Page: 35
08/05/2009
TRUSTEES CODE 320
loan reconciliation, and issues pertaining to
foreclosure
RBF Telephone conference with staff re: trace of continuing
guarantor Robert Robinson
RBF Develop strategy re: recovery upon continuing guaranty
executed by Robert Robinson
DAJ Review documents re: loan summary and reconciliation,
missing funds
05/29/2009 GDA Office conference re: construction trust account
reconciliation; email correspondence with Mr. Armstrong
re: construction trust account reconciliation and
review response to same
06/12/2009 DAJ Review documents re: construction loan reconciliation
and accounting
1. 30
0. 20
0. 20
0.60
0. 30
0. 30
PROFESSIONAL SERVICES RENDERED 19.80 5, 107.50
05/26/2009
06/25/2009
Timekeeper
DAVID A. JUHNKE
GINA D. AXSOM
RECAPITULATION
Hours
0.90
15.30
3.60
Rate
$310.00
285.00
130. 00
Filing and Recording Costs - San Luis Obispo County
Recorder - withdrawal of notice of lis pendens
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
DORAMA, LLC - DESERT HOT SPRINGS
TRUSTEES CODE 331
02/16/2009 RBF Telephone conference with local area real estate
brokers re: value and condition of properties
02/19/2009 RBF Telephone conference with attorney for City of Desert
Hot Springs re: property conditions, issues and code
Total
$279.00
4,360. 50
468. 00
11. 00
11. 00
5, 118. 50
$791. 00
-276.85
$5,632.65
0. 80
EFI/EFMF TRUSTEES
Page: 36
08/05/2009
TRUSTEES CODE 331
violations
02/20/2009 JWM Review loan and foreclosure documents for loan B195-06
JWM Review loan and foreclosure documents for loan B219-05
JWM Review loan and foreclosure documents for loan B455-04
JWM Draft loan summary for loan B195-06
JWM Draft detailed memorandum re: strategy for obtaining
properties in Desert Hot Springs
02/23/2009 JWM Complete memorandum re: issues and strategy for
obtaining properties encumbered by two trust deeds upon
which EFI is an investor and loan servicing agent
RBF Review summary of loans
RBF Telephone conference with attorney for City of Desert
Hot Springs re: foreclosure status, property issues,
and efforts to obtain compliance from borrower
conference with attorney for City of Desert Hot Springs
RBF Prepare response to correspondence from attorney for
the City of Desert Hot Springs
02/24/2009 RBF Meeting with attorney Martin re: loan summary and
recommendations
JWM Confer with Mr. Frederickson re: strategy to obtain
properties, potential claims against title company
]WM Review and analyze title insurance policies issued by
title company and determine whether possible claims
against title company may exist
JWM Revise memorandum to reflect potential claims against
title company
02/25/2009 RBF Telephone conference with local real estate brokers re:
0. 50
0. 60
0. 70
0. 70
0.40
0.40
0.80
1. 20
1. 70
1. 00
0. 30
0. 10
0. 30
0.40
0.40
1.80
2. 10
property valuations and issues 1. 00
JWM Confer with Mr. Juhnke re: title insurance issues in
preparation for possible claims against FATCO 0. 20
GDA Review and organize loan documents (39 loans) 1. 00
GDA Develop strategy re: obtaining copies of recorded
documents against property (. 1) ;
Title re: obtaining copies of all recorded documents
against property (.2;)
Review email correspondence from Mr. Chang/First
American Title and respond (.2) 0. 50
DA] Review documents re: original loan, title insurance,
and reconveyances 1. 30
DA] Review documents re: lot loans, title insurance,
existence of prior lien, and possible claim against
title insurance company 1. 30
EFI/EFMF TRUSTEES
Page: 37
08/05/2009
TRUSTEES CODE 331
Review and organize recorded documents (. 3;) 0.40
DAJ Review documents re: trust deed and reconveyances 0. 30
03/01/2009 DAJ Review documents re: record title on properties,
assignments of trust deeds, title insurance 0. 80
03/02/2009 GDA Develop strategy re: title issues, obtaining additional
recorded documents, obtaining copies of trustee' s sale
guarantees and.title insurance policies (.9)
Review legal descriptions for various lots (.2)
Title re: additional recorded documents (.2) 1. 30
DAJ Review documents re: Trustee sale guarantees, title
insurance policies re: possible claim against title
insurance company 1. 50
DAJ Review documents re: documents recorded against title,
assignments of interest, reconveyance and prepare
analysis of possible claim against title insurance
company
03/03/2009 GDA Develop strategy re: analysis of investors in all
loans, obtaining copies of trustee' s sale guarantees
and title insurance policies (.6)
Review documents and obtain copies of trustee' s sale
1. 30
guaranteees and title insurance policies (1.4) 2.00
GDA Review correspondence from First American Title (. 1)
property search invoice from First American Title (. 1) 0.20
DAJ Review documents re: recorded filings against lot loans 0.80
DAJ Review documents re: analysis of land loan and lot
loans 0. 70
DAJ Prepare status memorandum to Trustees 1.20
DAJ Review documents re: title insurance on primary loan
and lots loans, trustee sale guarantees on loans and
possible claims against title insurance company 1. 10
03/04/2009 GDA Office conference re: loan B195-06 0.20
DAJ Review documents re: LECG accounting of Fund
investments re: possible claim against title insurance
companies 1. 30
DAJ Review documents re: clubhouse and undeveloped lot loan
re: fund investment and prepare email correspondence
with client re: same 1.20
03/06/2009 RBF Telephone conference with attorney for City of Desert
Hot Springs re: status of foreclosure process 0.40
DAJ Review documents re: clubhouse loan, investor
interests, fund interests, security 1.20
DAJ Review documents re: foreclosure status on loans 0.80
EFI/EFMF TRUSTEES
Page: 38
08/05/2009
TRUSTEES CODE 331
DAJ Review documents re: title issue and develop strategy
re: possible claims against title insurance
DAJ Review documents and prepare detailed status report to
clients
GDA Office conference re: obtaining recorded documents
relating to clubhouse loan, trustee' s sale guarantees
on loans with two trust deeds
03/08/2009 GDA Review FCI report re: Trustee's sale guarantees and
obtain and organize copies of Trustee' s sale guarantees
on loans with two trust deeds
03/09/2009 GDA Office conference re: clubhouse loan (. 1)
Title re: copies of recorded documents relating to
clubhouse property (. 1)
American Title re: clubhouse property (. 2)
Review and organize recorded documents from First
American Title re: clubhouse property (1.2)
Email correspondence with Mr. Cruz/First American Title
re: missing pages (.2)
RBF Telephone conference with attorney Juhnke re: notice of
Trustee' s sale recorded by FCI Lender Services
RBF Telephone conference with client re: notice of
Trustee's sale recorded on property title
Services re: notice of Trustee's sale recording
DAJ Review documents and prepare analysis re: clubhouse
loan
DAJ Review documents re: title search on common area
properties and prepare analysis re: same
DAJ Telephone conference with Mr. Dean and Mr. Hood (FCI
Lenders) re: Trustee sale issues
DAJ Review documents and prepare analysis re: original land
loan and title documents re: possible reconveyance
03/10/2009 GDA Develop strategy re: continuing guarantees (. 1)
Review continuing guarantees re: whether signed by
individuals or on behalf of company (1.2)
JWM Legal research re: validity of guaranty where different
guarantor identified in different parts of the document
DAJ Review documents re: clubhouse loan, property search,
pending foreclosure
DAJ Telephone conference with Mr. Hood re: pending
foreclosure sale on clubhouse property
DAJ Telephone conference with client re: pending
foreclosure of clubhouse loan by investors
DAJ Review email correspondence from client re: investor
foreclosures of lot loans and clubhouse loan
DAJ Review documents re: continuing guarantees
0. 70
0. 90
0. 30
1. 00
1. 80
0. 30
0.20
0.20
1. 30
1. 20
0. 50
1. 50
1. 30
2. 60
1. 50
0. 30
0. 30
0. 50
1. 30
EFI/EFMF TRUSTEES
Page: 39
08/05/2009
TRUSTEES CODE 331
DAJ Legal research re: issues on continuing guarantees of
entity vs. individual
DAJ Prepare, review and revise detailed status memorandum
for client re: issues and strategy
DAJ Review documents re: primary loan and property search
re: reconveyance
RBF Office conference with attorney Juhnke re: foreclosure
by FCI Lender Services
Services re: foreclosure action
03/11/2009 RBF Meeting with attorney Juhnke re: status of
investigation of loan and title insurance claims
RBF Review and revise draft memorandum to client re:
investigation of loan history and potential title
claims
JWM Receive and review correspondence from attorneys Hood
and Reed re: foreclosure
DAJ Review, revise and finalize detailed memorandum to
Trustees re: analysis and recommendations
DAJ Prepare and review email correspondence with Trustees
re: detailed memorandum and recommendations
03/12/2009 DAJ Telephone conference with clients re: issues and
strategy
DAJ Telephone conference with Chicago Title re: title
issues and senior lien and prepare email correspondence
re: same
03/16/2009 GDA Review loan documents and obtain copies of escrow
closing statements for all loans
DAJ Telephone conference with Chicago Title re: TSG and
reconveyance issues relating to primary loan
DAJ Review documents re: escrow and prior lien payoffs,
payments not made to primary loan
DAJ Review documents and legal research re: possible claim
against title insurance company, statute of
limitations, notice of claim requirements
DAJ Prepare email correspondence with client re: status and
strategy report
03/18/2009 DAJ Telephone conference with Mr. Sorenson re: status and
strategy on clubhouse loan foreclosure
DAJ Review documents and develop strategy re: stopping
foreclosure on clubhouse loan property
03/25/2009 DAJ Review documents and prepare email correspondence re:
pending foreclosure of clubhouse loan
03/31/2009 RBF Telephone conference with city attorney re: automatic
stay and issues pertaining to foreclosure of trust
1. 10
1.80
0. 60
0.20
0.20
0.20
0. 30
0. 10
1.90
0.40
0.50
0. 50
1. 10
0. 50
0.80
0.90
0. 80
0. 20
0.30
0. 50
EFI/EFMF TRUSTEES
Page: 40
08/05/2009
TRUSTEES CODE 331
deeds securing properties
04/01/2009 GDA Review correspondence from Mr. Hood re: foreclosure
issues and office conference re: same
04/03/2009 DAJ Review correspondence from FCI re: foreclosure of
clubhouse loan
DAJ Prepare email correspondence with client re: pending
issues and strategy
04/06/2009 REF Telephone conference with investor attorney Faucher re:
foreclosure by investor Vince Pellerin
04/07/2009 REF Telephone call to attorney Faucher re: foreclosure by
investor Vince Pellerin
REF Prepare email to client re: investor attorney John
Faucher inquiry concerning validity of investor Vince
Pellerin' s foreclosure
04/09/2009 DAJ Review and prepare email correspondence with client re:
foreclosure issues
04/15/2009 DAJ Telephone conference with client re: issues relating to
foreclosure of clubhouse loan
DAJ Review and prepare email correspondence re: issues
relating to foreclosure of clubhouse loan
04/16/2009 GDA Review and organize title insurance policies for claims
to First American Title (.4)
Office conference re: information needed to submit
claims to First American Title (. 1)
Review loan documents (. 2)
DAJ Review documents re: loans on clubhouse property and
prepare tender letter to title insurance company
DAJ Legal research and develop strategy re: issues on
tender of claim to title insurance company
DAJ Review documents re: title insurance policy for
clubhouse loans and exclusions
04/17/2009 DAJ Legal research re: title insurance claim by assignor of
trust deed
DAJ Legal research re: title insurance claim based on
existence of prior lien
04/21/2009 GDA Office conferences re: documents needed to go with
demand letters to First American Title
DAJ Telephone conference with client re: issues relating to
sale of Clubhouse property
DAJ Review and prepare email correspondence re: issues
relating to sale of Clubhouse property
DAJ Legal research re: issues on tender of claims to title
0.40
0. 10
0.20
0.60
0. 20
0. 10
0. 10
0. 30
0. 50
0. 50
0. 70
1. 10
1.20
1. 20
1. 20
0.90
0.40
0. 30
0. 30
EFI/EFMF TRUSTEES
TRUSTEES CODE 331
Page: 41
08/05/2009
company 1. 10
DAJ Prepare, review and revise correspondence to title
company re: demand for payment on policy 1. 30
DAJ Review and prepare email correspondence with client and
counsel re: demand on title company 0. 50
04/22/2009 GDA Review loan documents and obtain copy of recorded trust
deed (. 2)
Office conference re: obtaining copies of recorded
trust deeds on for all loans (. 1)
Office conference re: review and organization of
corresopndence and documents to First American title
(. 1)
Review and revise correspondence to First American
Title and review and organize documents to be enclosed
with correspondence (1. 3) 1. 70
DAJ Review documents and prepare 39 letters to title
insurance company re: claims on title policies 2. 30
04/23/2009 GDA Office conference re: letters to First American Title
(. 4)
Review and revise correspondence to First American
Title and review and organize documents to be enclosed
with correspondence (2.4) 2. 80
DAJ Review, revise qnd finalize correspondence to First
American on title claims (39) 0.40
04/29/2009 RBF Receive email from client bankruptcy counsel re:
mechanic' s lien claim 0. 10
RBF Receive and review client response to client bankruptcy
counsel re: mechanic's lien claim 0. 10
RBF Review trust deeds and summary memorandum re: recording
dates of trust deeds re: mechanic's lien claim 0. 30
RBF Prepare email to client bankruptcy attorney re:
mechanic's lien claim 0. 20
RBF Telephone conference with client re: foreclosure issues 0. 20
GDA Review email correspondence from Mr. Maizel and respond
(. 2)
Review documents and obtain copy of B455-04 trust deed
for Mr. Maizel (.2) 0.40
RBF Telephone conference with client re: foreclosure of
trust deed 0.20
RBF Review foreclosure file re: foreclosure status and
issues 0.90
RBF Telephone conference with client re: foreclosure status
and issues 0.20
DAJ Review email correspondence re: lien priority issues 0.20
04/30/2009 RBF Telephone conference with client and title insurance
company re: foreclosure status and issues 0. 30
EFI/EFMF TRUSTEES
Page: 42
08/05/2009
TRUSTEES CODE 331
05/04/2009 GDA Review correspondence from Mr. Maizel and office
conference re: same 0. 10
re: priority of trust deed and foreclosure 0. 10
RBF Research and prepare response to client bankruptcy
counsel re: priority of deed of trust and foreclosure
issues
05/06/2009 GDA Office conferences and review documents re:
correspondence and project from Mr. Maizel; review
0.40
correspondence from Mr. Gauthier 0. 70
RBF Review email and attachments from client bankruptcy
counsel re: mechanic lien priority issue 0.40
RBF Instruct staff re: research re: mechanic lien priority
issue
05/07/2009 GDA Review correspondence, memoranda and loan documents re:
TWF mechanic' s lien issue (1. 3)
Office conference re: TWF mechanic's lien (.5)
Prepare, review and revise email correspondence to Mr.
0. 10
Maizel re: TWF mechanic's lien (.4) 2. 20
DAJ Review documents and develop strategy re: mechanics
lien and senior trust deed 0. 30
05/12/2009 RBF Telephone conference with the Desert Hot Springs City
Attorney re: status of foreclosures 0.40
05/13/2009 GDA Office conference re: foreclosure status of underlying
land loan; review correspondence re: same 0. 30
issues on foreclosure of land loan 0. 50
05/18/2009 RBF Telephone conference with client re: clubhouse purchase
by investors 0. 30
06/08/2009 RBF Telephone conference with City Attorney for City of
Desert Hot Springs re: code enforcement and nuisance
abatement 0.40
RBF Prepare email to client re: telephone conference with
City of Desert Hot Springs City Attorney 0. 10
conference with Desert Hot Springs City Attorney 0. 30
06/10/2009 RBF Receive, review and forward to client emails from
Desert Hot Springs City Attorney attaching photographs
of properties re: nuisance abatement and code
violations 0.40
RBF Receive, review and forward email from client
bankruptcy counsel re: mechanic lien priority issue 0. 10
RBF Email communication with attorney Juhnke re: email
communication from client bankruptcy counsel re:
EFI/EFMF TRUSTEES
Page: 43
08/05/2009
TRUSTEES CODE 331
mechanic lien issue 0. 10
RBF Respond to client bankruptcy counsel email re:
mechanic' s lien issue 0. 10
RBF Telephone conference with Desert Hot Springs City
Attorney re: recent city council meeting, status of
foreclosure, and issues pertaining to property
condition 0. 70
RBF Prepare email to attorney Juhnke re: telephone
conference with Desert Hot Springs City Attorney 0. 10
Desert Hot Springs City Attorney 0. 10
06/11/2009 DAJ Review email correspondence re: issues relating to
mechanic's lien and priority
DAJ Review documents re: land loan, prior loans on
property, construction work performed on property;
develop strategy re: alleged priority of mechanic's
lien
security for trust deed, vacant lots, and foreclosure
06/23/2009 DAJ Review documents re: prior loans on property
DAJ Telephone conferences with Mr. Sorenson and Mr. Kandel
re: prior loans on property and mechanic's lien claim
of priority
DAJ Review documents from bankruptcy counsel re: mechanic's
lien claim and issues of alleged priority over secured
loan
06/25/2009 RBF Telephone conference with borrower/guarantor's counsel
re: settlement issues
DAJ Review documents re: TWF mechanic's lien claim and
issues relating to priority
06/26/2009 DAJ Review email correspondence and documents re:
mechanic' s lien claim and issues
06/29/2009 GDA Develop strategy re: evaluation of underlying loan
documents; review and organize loan documents for
B311-02; email correspondence with Ms. Knownes and Mr.
Ewing of Omni re: missing loan documents; make
arrangements to obtain copies of loan documents for
B759-03 through B770-03 and B451-04
DAJ Telephone conference with client and counsel re: issues
on TWF mechanic's lien claim .
DAJ Review documents re: TWF mechanic's lien claim
06/30/2009 GDA Review and organize escrow and title documents for loan
B311-02; email correspondence with Mr. Ewing/Omni re:
access to loan documents
0. 50
1. 90
0. 70
1. 30
0.90
0.90
0. 70
1. so
0.40
1. 10
0. 50
0.80
2.40
EFI/EFMF TRUSTEES
Page: 44
08/05/2009
TRUSTEES CODE 331
DA] Review documents re: prior loan B311-02 re: issues
relating foreclosure and mechanic' s lien
07/02/2009 DAJ Review correspondence from title company and develop
strategy re: same
DA] Review documents re: prior loan B311-02 re: issues on
mechanic' s lien and foreclosure
07/09/2009 GDA Develop strategy re: loan B311-02 (.2)
Review loan documents for B311-2 and reconveyance dated
8/31/04 (. 2)
Title re: copies of recorded documents on parcels 1
through 5 (. 2)
Review email correspondence from First American Title
(. 1)
Review and organize recorded documents on parcels 1, 2
and 3 (1. 3)
RBF Telephone conference with Mr. Juhnke and client
bankruptcy counsel re: TWF mechanic's lien claim
DA] Review documents re: prior loans relating to land
acquisition and development of prior tract
DA] Review documents re: claim of mechanic's lien by TWF
and work performed on project
DA] Telephone conference with counsel re: issues on TWF
mechanic's lien, strategy for opposition
RBF Telephone conference with client foreclosure agent re:
foreclosure issues
RBF Review documents provided by client foreclosure agent
re: foreclosure
RBF Research foreclosure issue raised by client foreclosure
agent
foreclosure issue and strategy
re: Cal Plastering mechanic's lien settlement strategy
07/10/2009 GDA Review and organize recorded documents (800 pages) re:
parcels 1-5 (2.2)
Email correspondence with Mr. Sorenson re: loan
0. 70
0. 20
0. 60
2. 00
0.40
0.80
0.90
0.80
0.40
0. 30
0.40
0.20
0. 10
documents for B731-03 through B757-03 (. 2) 2.40
DA] Review documents re: recorded documents on parcels 1-5
and prepare chronology of same 1. 30
07/15/2009 GDA Develop strategy re: response and document production
re: title insurance claims 0.40
DA] Review documents from TWF re: mechanic's lien claim 0.40
DA] Review correspondence re: response to title insurance
claims and prepare email correspondence with client re:
same 0. 30
DA] Review documents re: title insurance policy and
EFI/EFMF TRUSTEES
Page: 45
08/05/2009
TRUSTEES CODE 331
production of loan files on title insurance claim
07/16/2009 GDA Review and organize 40 loan files to be produced to
0.80
First American Title 1. 10
07/17/2009 GDA Follow up with Ms. Look/First American Claims Counsel
re: copies of loan files 0. 20
DAJ Review documents from TWF counsel re: claim on
mechanic's lien and prepare analysis re: same 1. 30
07/20/2009 GDA Develop strategy re: review and organization of loan
documents (40 loan files) to be produced to First
American Title re: title insurance claim; review and
organize loan documents 0. 50
NLD Review and organize loan documents (40 loan files) to
be produced to title company 3. 00
07/21/2009 RBF Telephone call to attorney representing Paradise
Springs Homeowner's Association re: settlement of
claims concerning club house 0. 10
07/22/2009 RBF Telephone conference with attorney John Faucher re:
proposal to purchase Paradise Springs Clubhouse 0. 20
be produced to title company 2.00
07/23/2009 RBF Prepare correspondence to attorney for Paradise Springs
Homeowner's Association re: information necessary to
fully evaluate Association' s purchase offer 0. 10
DAJ Review documents re: offer to purchase clubhouse and
develop strategy for response 0.40
07/24/2009 NLD Review and organize loan documents (40 loan files) to
be produced to title company 1.40
07/27/2009 RBF Email communications with client bankruptcy counsel re:
procedure for release of mechanic' s lien recorded by
Central Coast Engineering
07/29/2009 NLD Review and organize loan documents (40 loan files) to
be produced to title company
0.40
1. 50
--------
PROFESSIONAL SERVICES RENDERED 142.30 33,918.00
Timekeeper
DAVID A. JUHNKE
RECAPITULATION
Hours
68. 70
17.10
Rate Total
$310.00 $21,297.00
285.00 4,873. 50
EFI/EFMF TRUSTEES
Page: 46
08/05/2009
TRUSTEES CODE 331
06/25/2009
Timekeeper
JOSH W. MARTIN
GINA D. AXSOM
NANCY L. DRISCOLL
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
Hours
13. 70
30.60
12. 20
Rate
195. 00
130.00
90.00
Total
2,671. 50
3,978.00
1,098.00
33,918.00
$8,976.50
-3, 141. 78
$39, 752. 72
OAKSHORES, LLC - TRACT 2162
TRUSTEES CODE 359
02/23/2009 RBF Receive and review email from borrower counsel re:
status of settlement offer 0. 10
RBF Telephone conference with borrower counsel re: borrower
request for file 0.20
02/24/2009 RBF Telephone conference with client re: borrower request
for records 0. 10
RBF Prepare email to borrower's counsel rejecting document
demand and providing deadline for settlement offer 0.20
02/25/2009 RBF Review borrower counsel's email re: settlement 0. 30
RBF Telephone conference with local real estate broker Sean
Fitzpatrick re: valuation of property 0. 50
RBF Telephone conference with borrower's attorney re:
borrower settlement proposal 0. 20
RBF Review file in preparation to provide recommendation to
client re: borrower settlement offer 1. 70
RBF Receive and review email from borrower's counsel
attaching financial calculation supporting borrower
settlement proposal; 0. 60
RBF Receive and review valuation summary prepared by local
real estate broker 0. 50
02/26/2009 RBF Telephone conference with borrower's attorney to
discuss details of borrower's final settlement offer 1. 00
RBF Prepare email to client summarizing settlement
negotiations, analyzing borrower' s settlement proposal,
providing context to the proposal and recommending
action on the proposal 2. 00
EFI/EFMF TRUSTEES
Page: 47
08/05/2009
TRUSTEES CODE 359
03/10/2009 REF Pursuant to client instruction, review court filings
against owner of property neighboring borrower property
03/16/2009 REF In response to client request, prepare email to client
identifying all actions against Tract 1990, LLC, the
owner of the property immediately adjacent to the
property owned by borrower
REF Receive and review correspondence from borrower's
counsel re: settlement proposal
03/17/2009 REF Telephone conference with counsel for borrower re:
settlement issues
REF Telephone conference with client re: telephone
conference with counsel for borrower re: settlement
REF Telephone conference with counsel for borrower re:
clients decision to not pursue settlement and to
proceed with foreclosure
04/01/2009 REF Telephone conference with client re: collections status
REF Telephone call to attorney for borrower re: client
decision to proceed with foreclosure
04/03/2009 REF Prepare correspondence to borrower's counsel re: intent
to proceed with foreclosure
04/06/2009 REF Telephone conference with client re: foreclosure
recommendation
04/08/2009 REF Telephone conference with client re: committee
recommendation to proceed with foreclosure and action
against guarantor
REF Review borrower financial records and loan file in
preparation for meeting with borrower and borrower's
attorneys
RBF Office conference with borrower and attorney to discuss
borrower's lender liability claim, review documents and
records re: lender liabiltiy claim and foreclosure
04/09/2009 RBF Telephone conference with client re: meeting with
borrower and borrower attorney
04/15/2009 REF Telephone conference with borrower re: marketability of
property and claims made by adjacent property owner
04/20/2009 REF Receive and review email from client re: recourse on
bond
RBF Telephone conference with client re: recourse on bond
RBF Telephone conference with client re: response and
production from borrower in support of request for
release of claims
RBF Telephone conference with borrower re: meeting to
1. 00
0. 50
0. 20
0. 60
0. 30
0. 30
0. 10
0. 10
0.40
0. 30
0. 10
1. 30
2.00
0. 30
0.40
0. 10
0.20
0. 10
EFI/EFMF TRUSTEES
Page: 48
08/05/2009
TRUSTEES CODE 359
discuss response and production in support of request
for release from claims 0. 10
04/21/2009 RBF Telephone conference with borrower re: rescheduling of
meeting to discuss documents in support of request for
release from claims
04/30/2009 RBF Telephone conference with borrower re: financing
proposal
05/05/2009 RBF Review materials provided by borrower in support of
lender liability claim and request for release
05/06/2009 RBF Prepare email to client re: merits of borrower's lender
liability claim and recommendations re: foreclosure
05/14/2009 RBF Telephone conference with client re: decision re:
borrower continuing guaranty
05/20/2009 RBF Telephone conference with borrower Dwain Davis re:
release of claims
RBF Telephone conference with borrower Dwain Davis re:
settlement agreement and release
06/04/2009 RBF Telephone conference with borrower re: conditions for
release of claim
RECAPITULATION
0. 10
0. 50
2. 70
2. 00
0. 30
0.20
0.40
0.40
22.40
Timekeeper
Hours
22.40
Rate
$285.00
Total
$6, 384. 00
06/25/2009
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
6,384. 00
6,384. 00
$3,242.50
-1, 134. 88
$8, 491. 62
FIRST PRESS PARTNERS - GOLETA HOMES
TRUSTEES CODE 336
PREVIOUS BALANCE
$416.00
-145.60
EFI/EFMF TRUSTEES
Page: 49
08/05/2009
FIRST PRESS PARTNERS - GOLETA HOMES
TRUSTEES CODE 336
BALANCE $270.40
TRUSTEES CODE 348
Title re: copies of recorded documents
additional information (.2)
Review loan documents for additional information to
0. 10
provide to First American Title (. 1) 0. 30
GDA Review email correspondence and organize recorded
documents from First American Title 0. 30
04/28/2009 GDA Email correspondence with Mr. Prada and Mr. Dean re:
05/05/2009 RBF Review loan summary 0. 70
05/21/2009 JWM Review loan documents; research surety holdback bond;
request and analyze loan rec 2.20
05/22/2009 JWM Telephone conference with Development Surety to
determine whether performance bond exists; second
telephone conference with bond company; review loan
documents and recorded documents; draft detailed
chronology of events; research mechanics lien law 4.60
GDA Office conference re: obtaining copy of bond from City
of Newman; review City of Newman website; telephone
conference with City of Newman 0.40
05/26/2009 GDA Telephone conference with City of Newman Planning and
Building Department re: Del Valle's bond and develop
strategy re: same; email correspondence with City of
Newman Planning and Building Department; review Del
Valle' s bond 0. 50
JWM Provide update to Mr. Frederickson re: status of loan
and performance bond; search Stanislaus County
Assessor's records; review bonds issued by surety to
City of Newman; draft revised update and chronology 3. 10
05/28/2009 GDA Review Stanislaus County Superior Court case index re:
various lawsuits against Del Valle Capital Corporation;
telephone conference with court re: obtaining copies of
complaints against Del Valle; telephone conferences and
email correspondence with One Legal re: obtaining
copies of complaints against Del Valle; obtain
EFI/EFMF TRUSTEES
Page: 50
08/05/2009
TRUSTEES CODE 348
information re: other attorney services in Modesto
05/29/2009 GDA Telephone conference with Modesto law firm re: local
attorney service; telephone conference with Expedite
Document Imaging; email correspondence with Expedite
Document Imaging re: obtaining copies of complaints
1. 60
against Del Valle 0.40
06/02/2009 GDA Review email correspondence from Expedite Document
Imaging re: complaints and respond to same; review
complaints and invoice from Expedite Document Imaging 0. 30
JWM Receive and review mechanics lien complaints filed by
purported lien holders (0.4)
Draft addendum to chronology to incorporate newly
obtained information (0.4) 0.80
06/07/2009 RBF Review memorandum re: investigation re: loan priority
and mechanic's liens 0. 60
RBF Review loan file re: loan priority and mechanic's liens 1. 00
06/08/2009 JWM Confer with Mr. Frederickson re: case status 0. 20
06/10/2009 JWM Telephone conference with Keric Cushing, attorney for
mechanics lien claimants (0.4)
Review labor and material bond recorded in Stanislaus
County (0.4) 0. 80
06/02/2009
06/25/2009
Timekeeper
JOSH W. MARTIN
GINA D. AXSOM
RECAPITULATION
Hours
2. 30
11. 70
4.00
Rate
$285. 00
195. 00
130.00
Total
$655. 50
2, 281. 50
520.00
Attorney Service - Expedite Document Imaging, Inc. -
processing - Stanislaus County Superior Court, Modesto, CA
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
61. 74
61. 74
3,518. 74
$605. 00
-211. 7p
$3, 911. 99
EFI/EFMF TRUSTEES
Page: 51
08/05/2009
WOLF HOUSE INN, LLC - ARNOLD DRIVE
TRUSTEES CODE 307
03/26/2009 REF Telephone conference with client re: changes to
forbearance agreement 0.40
REF Revise forbearance agreement re: client changes 1. 00
REF Prepare email to client attaching revised forbearance
agreement 0. 10
03/27/2009 REF Prepare email to client attaching subordination
06/25/2009
agreement 0.20
RECAPITULATION
Timekeeper
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
Hours
1. 70
Rate
$285.00
1. 70
Total
$484. 50
484. 50
484. 50
$7, 991. 00
-2,796.85
$5,678.65
ALAN LITTLE VENTURES NO. 1, LLC - ALAN
LITTLE PISMO
TRUSTEES CODE 306
02/18/2009 KDE Email correspondence with Ms. Blessing re: comments to
access license agreement 0.20
02/19/2009 KDE Email correspondence with Ms. Blessing re: comments to
access license agreement 0.20
KDE Office conference with Mr. Frederickson re: strategy to
finalize access license agreement 0. 10
02/23/2009 KDE Email correspondence with Ms. Blessing re: required
insurance and indemnification issues for access license
agreement 0. 50
KDE Review and analyze revised access license agreement
received from Ms. Blessing 0.40
KDE Email correspondence with Mr. Frederickson re: final
form of access license agreement and execution of same 0. 70
KDE Telephone conference with Ms. Blessing re: execution of
access license agreement 0. 10
03/02/2009 KDE Email correspondence with Ms. Blessing re: execution
EFI/EFMF TRUSTEES
Page: 52
08/05/2009
LITTLE PISMO
TRUSTEES CODE 306
pages to access agreement
KDE Email correspondence with Mr. Frederickson re: client
execution of access agreement
KDE Office conference with Ms. Axsom re: receipt of
signature pages of access agreement
0. 20.
0. 10
0. 10
03/04/2009 JWM Review and analyze documents relating to loan B168-05 0. 50
03/05/2009 JWM Review and analyze documents relating to loan B170-05
JWM Review and analyze documents relating to loan B172-05
KDE Email correspondence with Ms. Blessing re: our client's
executed signature pages to access license agreement
03/09/2009 JWM Draft loan summary covering loan B168-05, B170-05,
B172-05 through B174-05, B176-05 through B183-05
GDA Review correspondence to Mr. Sorenson (. 1)
Office conference re: correspondence to Mr.
Sorenson (. 1)
KDE Prepare correspondence to Ms. Blessing re: original
signature pages for access agreement
KDE Prepare correspondence to Mr. Sorenson re: fully
executed access agreement with Union Oil
03/10/2009 KDE Email correspondence with Mr. Frederickson re:
instructing Union Oil on contact information
KDE Review file re: contact information for Mr. Sorenson
and Mr. Gilstrap; telephone conference with Mr.
Gilstrap re: same
KDE Email correspondence with Ms. Blessing re: instructing
Union Oil on contact information for assessment work
03/12/2009 RBF Receive and review summary of loan files
03/13/2009 RBF Review loan files and documents relating to property
purchase
03/17/2009 RBF Research re: property contamination and title insurance
0. 30
0. 30
0.40
0.40
0. 30
0. 30
0.40
0. 30
0. 30
0. 20
1. 80
0.40
0.40
0.40
0.40
0.20
0. 30
0. 20
0. 10
0.20
0. 20
0. 30
1. 60
issues 2. 00
RBF Telephone call to attorney representing borrower re:
EFI/EFMF TRUSTEES
Page: 53
08/05/2009
LITTLE PISMO
TRUSTEES CODE 306
contamination and title insurance issues
03/18/2009 RBF Review loan agreement re: property contamination issue
and claims against seller of property to borrower
RBF Review trust deed to determine client rights against
borrower and seller of property re: property
contamination
RBF Office conference with attorney Juhnke re: property
contamination issue and claim
RBF Research to determine client's ability to recover from
borrower and seller of property re: property
contamination
RBF Draft loan summary and recommendations
RBF Prepare email to client attaching loan summaries and
recommendations
JWM Confer with Mr. Frederickson re: contamination
issues; (. 2)
Review and analyze trust deed documents re: hazardous
substances on property (.2)
04/20/2009 GDA Review correspondence from Mr. Ley
RBF Receive and review correspondence from attorney for
borrower re: insurance claim upon title insurer
RBF Review construction loan agreement and associated
documents to determine liability of borrower and rights
of EFI in response to correspondence from borrower
attorney re: property contamination claim
04/21/2009 RBF Telephone conference with borrower counsel in response
to his correspondence re: property contamination claim
RBF Office conference with attorney Juhnke re: settlement
strategy and issues
04/22/2009 RBF Prepare correspondence to opposing counsel responding
to his correspondence re: property contamination and
settlement
05/18/2009 RBF Review file status
RBF Telephone call to opposing counsel re: failure to
respond to correspondence re: claim against property
seller re: contamination
RBF Review loan documents and trust deed re: actions
against seller of property to borrower
RBF Research to determine whether bankruptcy trustee can
pursue claim against property seller for contamination
of property
RBF Prepare correspondence to borrower's counsel re:
property contamination claim
05/19/2009 RBF Develop strategy re: insurance coverage re:
0. 10
0. 60
0.40
0. 30
1. 60
1. 70
0. 10
0.40
0. 10
0. 10
1. 30
0.40
0. 30
1. 00
0.40
0. 10
0. 70
0. 80
0.20
EFI/EFMF TRUSTEES
Page: 54
08/05/2009
LITTLE PISMO
TRUSTEES CODE 306
contamination
REF Telephone conference with opposing counsel re:
contamination claims, borrower solvency, and potential
resolution of continuing guaranty claim
RBF Prepare correspondence to borrower' s counsel confirming
telephone conference re: contamination claims and
settlement offer
DAJ Review documents and develop strategy re: possible
claims relating to contaminated property
DAJ Review documents re: insurance policies and possible
claims relating to contaminated property
05/22/2009 KDE Office conference with Mr. Frederickson re: review and
analysis of insurance policies
05/26/2009 KDE Review and analyze insurance policies re: coverage for
environmental remediation
05/29/2009 REF Review and analyze comprehensive general liability
insurance policy re: coverage determination
REF Review property insurance contamination policy re:
contamination coverage
REF Research insurance coverage issues re: property
contamination
06/01/2009 REF Telephone call to borrower's counsel re: filed
complaint and borrower claims against Madonna
Enterprises
06/07/2009 REF Review borrower's complaint against seller of property
re: contamination
06/08/2009 REF Telephone call to borrower's counsel re: requesting
borrower' s financial documents and copy of property
purchase agreement
REF Prepare email to client attaching borrower's complaint
against property seller re: contamination claim
06/10/2009 REF Telephone call to borrower' s counsel
REF Prepare correspondence to borrower counsel re:
production of financial statements and tax returns
06/23/2009 REF Telephone conference with counsel for borrower and
guarantor re: settlement and proof of
borrower/guarantor insolvency
REF Prepare memorandum to clients re: borrower/guarantor
settlement offer, borrower/guarantor's refusal to
provide evidence of insolvency, and lawsuit
recommendation
REF Receive and respond to client email re: lawsuit
0. 30
0. 30
0.40
0. 50
0. 50
0.20
1. 00
1. 00
0. 70
0.90
0. 10
1.00
0. 10
0.30
0. 10
0.20
0. 30
1.00
EFI/EFMF TRUSTEES
Page: 55
08/05/2009
LITTLE PISMO
TRUSTEES CODE 306
recommendation
GDA Review email correspondence and recommendations
0.20
0.20
Timekeeper
DAVID A. JUHNKE
KEVIN D. ELDER
JOSH W. MARTIN
GINA D. AXSOM
CURRENT CHARGES
BALANCE
RECAPITULATION
Hours
1. 00
20.90
5.00
7.30
0. 50
Rate
$310.00
285.00
250. 00
195. 00
130.00
Total
$310.00
5,956.50
1,250. 00
1,423. 50
65.00
9,005. 00
$9,005.00
TRUSTEES CODE 362
03/11/2009 KDE Office conference with Mr. Frederickson re: reviewing
loan documents to develop strategy 0.20
KDE Review loan documents 1. 00
03/30/2009 KDE Review and analyze loan documents 4.40
KDE Review and analyze complaint and related documents
filed by borrower against EFI 2.00
04/16/2009 RBF Review loan and foreclosure files re: loan status,
foreclosure issues and potential claims 4. 00
04/20/2009 RBF Review verified complaint and attachments 1. 30
RBF Review ex parte application and borrower declaration in
support 1.20
RBF Telephone conference with counsel for borrower re: loan
issues and settlement 0.40
RBF Prepare memorandum to client summarizing loan and
foreclosure files, analyzing loan and borrower
liability claim, and providing collection
recommendations 1.20
GDA Review memorandum re: status and recommendation 0. 10
telephone conversation, proposed settlement, and
production of evidence 0. 30
EFI/EFMF TRUSTEES
TRUSTEES CODE 362
Page: 56
08/05/2009
04/21/2009 RBF Receive and review email from client bankruptcy counsel
re: mechanic's lien priority 0. 10
RBF Review loan file re: mechanic's lien priority 0. 70
RBF Prepare email to client bankruptcy counsel re:
mechanic's lien priority 0.40
RBF Review bankruptcy pleadings 0. 50
04/22/2009 GDA Office conferences re: motion for relief from stay by
holder of mechanic's lien (.8)
Review loan documents re: title insurance policies (. 7)
Email correspondence with First American Title re: copy
of recorded trust deed (.2)
Telephone conference with First American Title re: copy
of recorded trust deed (. 1)
Review correspondence and document from First American
Title (. 2)
Prepare memorandum re: review of loan documents (.2) 2.20
DAJ Review documents re: prior trust deed and subsequent
trust deed and issues of priority over mechanic's lien 0. 80
RBF Review 2006 trust deed to determine priority of
mechanic's lien 0.40
RBF Meeting with client bankruptcy counsel re: mechanic's
lien priority issue 0. 30
04/23/2009 RBF Prepare email to client requesting property title
report in determination of priority of trust deed to
mechanic' s lien 0. 10
04/27/2009 RBF ~ e l e p h o n e conference with attorney for Mitch Brown
construction re: settlement 0.40
04/28/2009 GDA Email correspondence with Mr. Farrell and Mr. Dean re:
05/05/2009 RBF Receive and review correspondence and attachments from
counsel for mechanic's lien holder Mitch Brown
Construction re: mechanic's lien claim priority 0. 50
RBF Research mechanic's lien priority claim raised by
subcontractor Mitch Brown Construction 2. 00
KDE Office conference with Mr. Frederickson re: priority of
mechanic's lien versus deed of trust 0.20
05/11/2009 KDE Review documents received from Mitch Brown Construction 2. 00
KDE Legal research re: priority of mechanic's lien based on
site improvement work 1. 00
05/12/2009 KDE Review file re: whether loan funds were specifically
for site improvements 0. 50
05/13/2009 KDE Legal research re: priority of mechanic's lien 0. 60
EFI/EFMF TRUSTEES
Page: 57
08/05/2009
TRUSTEES CODE 362
05/15/2009 RBF Review memorandum re: priority of subcontractor
mechanic' s lien
RBF Research re: priority of mechanic's lien of Mitch Brown
Construction
RBF Telephone conference with counsel for subcontractor
Mitch Brown Construction re: priority of mechanic's
lien
RBF Prepare correspondence to counsel for subcontractor
Mitch Brown Construction re: mechanic's lien priority
05/27/2009 RBF Receive and review correspondence from counsel for
Mitch Brown Construction re: mechanic's lien claim
RBF Receive and review correspondence from counsel for
borrower and guarantors re: project status and response
to settlement offer
06/03/2009 KDE Office conference with Mr. Frederickson re: response to
lien claim by Mitch Brown Construction
06/04/2009 KDE Review documents and correspondence received from Mr.
Krase re: Mitch Brown Construction's claim for payment
KDE Legal research re: priority of guarantee in favor of
City of Hanford
06/05/2009 RBF Review memorandum re: documentation provided by Mitch
Brown Construction in support of claim of priority of
mechanic' s lien
RBF Review documents relating to Mitch Brown Construction
mechanic' s lien claim
RBF Prepare email to clients re: Mitch Brown mechanic's
lien claim
RBF Telephone conference with clients bankruptcy counsel
re: Mitch Brown mechanic's lien and settlement strategy
RBF Telephone conference with client property development
consultant re: Mitch Brown Construction settlement
strategy
RBF Review materials and information provided by client
property development consultant re: phase of
development of project re: settlement of Mitch Brown
Construction mechanic' s lien claim
KDE Legal research re: priority of guaranty in favor of
City of Hanford and effect of foreclosure on same
KDE Prepare correspondence re: priority of payment, and
validity of guaranty in favor of City of Hanford as
each relates to claim for payment by Mitch Brown
Construction
consultant re: status of project re: settlement with
Mitch Brown Construction
RBF Prepare email to client bankruptcy counsel re: Mitch
0.80
0.90
0. 30
0. 30
0. 10
0. 10
0.20
1. 50
0. 80
0.40
0.60
0. 30
0. 30
0.20
0.40
1.20
0. 80
0. 70
EFI/EFMF TRUSTEES
Page: 58
08/05/2009
TRUSTEES CODE 362
Brown Construction mechanic's lien 0. 30
Mitch Brown Construction mechanic's lien 0. 30
06/12/2009 RBF Telephone conference with borrower/guarators' counsel
re: deed in lieu and settlement of claims 0. 30
RBF Review loan summary, borrower lawsuit, loan
reconciliation and prior correspondence re:
determination of whether to resolve issue with
borrower/guarantors and on what basis 2. 20
RBF Receive and review stipulation and settlement re: Mitch
Brown Construction claim 0. 10
RBF Review LECG reconciliations and determination of loan
balance outstanding re: determine whether settlement
appropriate 0.90
RBF Research to determine issues re: judicial foreclosure
in determination of whether to settle claim and on what
terms
06/22/2009 RBF Draft email to client re: summary of investigation and
recommendations re: settlement proposal from borrower
0. 70
1. 00
----
PROFESSIONAL SERVICES RENDERED . 44.60 11,785.00
Timekeeper
DAVID A. JUHNKE
KEVIN D. ELDER
GINA D. AXSOM
RECAPITULATION
Hours
0.80
25. 00
16.40
2.40
Rate
$310. 00
285. 00
250.00
130. 00
01/12/2009 Attorney Service - Action Legal Support Service
CURRENT CHARGES
PREVIOUS BALANCE
BALANCE
TIFFIN! R. HUGHES INVESTMENTS, LLC
TRUSTEES CODE 382
Total
$248.00
7, 125. 00
4, 100. 00
312. 00
145. 15
145. 15
11, 930. 15
$889.00
-311. 15
$12,508.00
EFI/EFMF TRUSTEES
Page: 59
08/05/2009
TIFFINI R. HUGHES INVESTMENTS, LLC
TRUSTEES CODE 382
financial records
DAJ Review memorandum re: legal issues on Spondulix loan
02/17/2009 JWM Legal research re: potential liability of individual
investors to borrower claims
DAJ Review documents and develop strategy re: claims
against Spondulix and Hughes
JWM Legal research re: interpretation and construction of
subordination agreement and second deed of trust
JWM Legal research re: enforceability of subordination
agreement where consideration is lacking
JWM Legal research re: enforceability of deed of
reconveyance where consideration is lacking
02/18/2009 GDA Review and obtain copies of investor loan packet re:
B155-06 and credit report request
DAJ Review email correspondence from Hughes attorney re:
response to information
DAJ Review documents re: use of draws from Spondulix loan
DAJ Review documents re: percentage completion of property
DAJ Review documents re: property valuation
DAJ Review documents re: offer to purchase
DAJ Review documents and prepare status report for Trustees
re: Spondulix and Hughes
02/20/2009 DAJ Review documents re: disbursal of Spondulix loan and
develop strategy re: subordination issues
DAJ Review documents re: personal guarantees and develop
strategy re: liability
DAJ Review email correspondence from counsel for Hughes and
prepare email correspondence re: request for credit
report
DAJ Review documents and prepare detailed analysis and
strategy report for Trustees
02/21/2009 DAJ Review email correspondence with from Hughes attorney
and prepare analysis of construction draws
DAJ Review email correspondence and documents from Hughes
re: completion of units and prepare analysis re: same
02/22/2009 DAJ Review documents and email correspondence with re:
disbursement of construction funds and completion of
units;
Prepare analysis re: same
DAJ Review documents and prepare detailed analysis of
issues for Trustees
DAJ Prepare email correspondence to Hughes counsel
02/23/2009 DAJ Prepare detailed status memorandum and exhibits to
Trustees
0.20
0. 30
1. 70
0. 50
2. 10
0. 80
0. 60
0. 50
0. 60
0. 70
0.40
0. 60
0. 60
1. 10
0. 90
0. 80
0. 30
2. 30
0.80
0. 60
1. 20
1. 30
0. 20
1. 80
EFI/EFMF TRUSTEES
Page: 60
08/05/2009
TIFFINI R. HUGHES INVESTMENTS, LLC
TRUSTEES CODE 382
DAJ Review documents re: motion for relief from stay and
exhibits
02/24/2009 JWM Review memorandum re: strategy and options in EFI' s
dispute with Spondulix
RBF Review and comment upon email correspondence to client
re: summary of investigation and recommendations
DAJ Review documents re: construction draws and prepare
analysis re: same
DAJ Review documents re: completion of project and prepare
analysis re: same
DAJ Review, revise and finalize detailed analysis for
Trustees and exhibits
DAJ Review documents re: Spondulix motion for relief
DAJ Prepare email correspondence with Trustees re:
Spondulix motion for relief
re: collection issues and documentation
03/02/2009 DAJ Review documents re: letters or credit from EFI and
impact on possible claims
DAJ Prepare for and attend conference call with client re:
possibleclaims and settlement issues
counsel re: credit report and claims issues
DAJ Review documents and prepare rescission letter to
Spondulix
DAJ Review documents and legal research re: issues on
opposition to relief from stay
03/03/2009 RBF Review proposed correspondence to Spondulix re: motion
for relief from stay
DAJ Telephone conference with counsel Maizel re: issues on
motion for relief, opposition
counsel re: claim for rescission issues and strategy
DAJ Review, revise and finalize rescission letter to
Spondulix
DAJ Legal research re: rescission and notice of rescission
03/05/2009 DAJ Review documents re: credit report
DAJ Prepare email correspondence with client re: credit
report
1.40
0.40
0.40
0.80
0. 70
1.90
0.80
0. 30
0. 30
0.60
0. 50
0. 70
0.80
0.40
0.20
0. 50
0. 70
0. 70
0. 30
0.60
0. 30
03/06/2009 DAJ Review email correspondence from counsel for Spondulix 0. 20
DAJ Telephone conference with counsel for Spondulix re:
rescission and continuance of motion for relief 0.40
DAJ Prepare email correspondence to counsel for Spondulix
re: continuance of motion for relief 0.40
DAJ Prepare email correspondence with bankruptcy counsel
EFI/EFMF TRUSTEES
Page: 61
08/05/2009
TIFFIN! R. HUGHES INVESTMENTS, LLC
TRUSTEES CODE 382
and client re: status and opposition to motion for
relief 0. 30
DAJ Review email correspondence and documents from counsel
for Hughes;
Prepare email correspondence to counsel for Hughes re:
request for further information 0.40
03/12/2009 GDA Review EFI bankruptcy docket and obtain copy of
opposition to Spondulix' s motion for relief from
automatic stay 0. 30
DAJ Review documents re: opposition to motion for relief 1. 50
DAJ Review documents and prepare declaration in support of
opposition to motion for relief, exhibits to
declaration 2. 80
03/13/2009 DAJ Review, revise and finalize declaration in support of
opposition to Spondulix motion for relief and exhibits
and prepare email correspondence with counsel re: same 1.80
04/14/2009 DAJ Review documents re: Spondulix reply brief and
declaration
04/21/2009 RBF Telephone conference with client re: objections and
reply brief of Spondulix
DAJ Telephone conference with bankruptcy counsel re: issues
on motion for relief, strategy for hearing
0.90
0. 20
0.60
----
06/25/2009
Timekeeper
DAVID A. JUHNKE
JOSH W. MARTIN
GINA D. AXSOM
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
RECAPITULATION
Hours
36.80
0.80
5.60
0. 80
TRUSTEES CODE 384
Rate
$310.00
285. 00
195.00
130.00
Total
$11, 408. 00
228. 00
1,092.00
104.00
12,832.00
$19,287.50
-6,750.63
$25,368.87
EFI/EFMF TRUSTEES
Page: 62
08/05/2009
TRUSTEES CODE 384
02/17/2009 JWM Telephone conference with unlawful detainer clerk, Judy
Bako re: trial date
GDA Develop strategy re: filing requests for entry of
default as to Mandana Gardality and all unknown
occupants and request to set case for trial
GDA Telephone conferences with San Diego Superior Court
small claims clerk
GDA Telephone conference with San Diego Service of Process
re: filing requests for entry of default and request to
set case for trial
GDA Correspondence to San Diego Service of Process re:
filing requests for entry of default and request to set
case for trial
GDA Review and revise request to enter default and clerk's
judgment as to Mandana Gardality
GDA Review and revise request to enter default and clerk's
judgment as to all unknown occupants
GDA Review and revise request to set case for trial
02/18/2009 GDA Telephone conference with San Diego Service of Process
re: filing of requests to enter default/clerk's
judgment and request to set case for trial
GDA Review and organize documents
JWM Receive and review emergency motion to intervene,
supporting memorandum of points and authorities
JWM Telephone conference with Judy Bako, unlawful detainer
clerk, re: receipt of request for trial date and
defaults
RBF Receive and review the Trustee's emergency motion to
intervene and supporting declarations and exhibits
RBF Receive and review the Trustee's motion to dismiss
borrower lawsuit
02/19/2009 JWM Legal research re: ability of agent to testify on
behalf of trustee at unlawful detainer trial
JWM Legal research re: order to compel admission of facts
that Gardality failed to respond to;
Telephone conference with unlawful detainer clerk, Judy
Bako re: possibility of hearing date on motion to admit
facts prior to trial date
JWM Review practice manual materials re: trial of unlawful
detainer
JWM Confer with Mr. Sorenson re: trial
JWM Review documents for use in trial
02/20/2009 JWM Telephone conference with process server, Mr. Wysong
re: 3-day notice to quit, trial preparation
02/23/2009 JWM Legal research re: evidentiary foundation for testimony
of witnesses
RBF Telephone conference with clients re: unlawful detainer
0. 30
0.20
0.20
0.20
0. 30
0.20
0.20
0.20
0.20
0. 10
0.60
0.20
0. 60
0. 50
1. 30
0.90
0.80
0.40
0. 50
0. 70
1.40
EFI/EFMF TRUSTEES
Page: 63
08/05/2009
TRUSTEES CODE 384
trial and witness logistics 0.40
RBF Prepare email to clients re: telephone conference with
borrower re: settlement 0. 10
JWM Telephone conference with defendant Steve Gardality re:
voluntarily leaving premises 0. 30
JWM Confer with Ms. Axsom re: preparation of trial subpoena
for Mr. Wysong, process server 0.20
JWM Legal research re: judicial notice of Trustee's deed of
sale ' 1. 20
JWM Receive and review email correspondence from Matt
Sorenson re: trial preparation 0. 20
02/24/2009 JWM Email correspondence to Matt Sorenson re: trial
preparation and logistics
GDA Office conference re: preparing trial subpoena for
0. 20
process server 0. 20
GDA Prepare civil subpoena for personal appearance at trial
to Kenneth Wysong of San Diego Service of Process 0. 50
GDA Review Government Code re: statutory daily witness and
mileage fees 0. 10
GDA Calculate distance for Mr. Wysong to travel to court to
testify and corresponding mileage fee 0. 20
GDA Prepare, review and revise correspondence to Mr. Wysong
re: appearance and testimony at trial 0. 30
GDA Office conference re: finalizing trial subpoena and
correspondence to Mr. Wysong 0. 10
GDA Legal research re: trial subpoenas 0. 20
RBF Review and revise correspondence to borrower demanding
his relinquishment of possession of the property 0.20
JWM Review trial subpeona to process server, Wysong 0. 10
JWM Review travel arrangements for trial 0. 10
JWM Prepare trial outline 0.60
JWM Draft final request to Gardality to vacate premises 0. 60
02/25/2009 JWM Develop witness testimony of Matt Sorenson 0. 30
JWM Continue trial preparation of Sorenson testimony 1. 10
JWM Research issues re: trial 1. 10
JWM Develop expert witness testimony 0. 50
JWM Review relevant documents 0. 50
JWM Draft document describing areas of testimony in
preparation for trial 0.40
02/26/2009 JWM Draft document to client re: trial preparation;
Telephone conference with John Olson;
Telephone conference with Matt Sorenson;
Email correspondence with Mr. Olson and Mr. Sorenson 1. 20
02/27/2009 JWM Email correspondence to Matt Sorensen and John Olson
re: trial dates and preparation 0. 30
02/28/2009 JWM Review documents in preparation for trial;
EFI/EFMF TRUSTEES
Page: 64
08/05/2009
TRUSTEES CODE 384
Continue preparing for trial
03/02/2009 JWM Email correspondence with Mr. Sorensen re: trial
issues; (. 5)
Meeting with Mr. Sorenson re: trial issues; (.8)
3.40
Trial preparation (. 7) 2.00
JWM Travel time to Vista, California to conduct trial 5. 50
03/03/2009 JWM Meeting with John Olson, expert witness for unlawful
detainer hearing and travel with Mr. Olson to subject
property and comparable properties 1.60
JWM Final preparation for trial 5. 30
03/04/2009 GDA Conference re: trial 0. 20
JWM Travel to and from Court and attend trial of unlawful
detainer action 2. 60
JWM Travel back from San Diego 5. 50
03/05/2009 JWM Telephone conference with clerk of court re: judgment
and ruling by court; (.2)
Confer with Mr. Frederickson re: ruling (.2) 0.40
03/06/2009 JWM Email correspondence to Mr. Sorenson re: eviction of
Gardality and others 0. 20
03/09/2009 GDA Review minute order (. 1)
Office conference re: calendaring issues relating to
minute order (. 1) 0. 20
03/10/2009 JWM Prepare judgment for possession of premises, including
memorandum of costs 1. 20
JWM Telephone conference with unlawful detainer clerk, Judy
Bako 0. 30
JWM Confer with Mr. Frederickson, Mr. Sorenson, and Mr.
Jeremiassen re: unlawful detainer judgment 0.20
RBF Office conference with attorney Martin re: court
judgment 0. 20
RBF Telephone conference with attorney Martin and client
re: court judgment 0. 30
03/11/2009 JWM Review costs incurred in action and draft memorandum of
costs; (. 9)
Telephone conference with San Diego service of process
re: costs; (. 2)
Prepare instructions to Sheriff (. 5) 1. 60
GDA Office conferences re: preparation of judgment,
memorandum of costs, writ of execution and instructions
to sheriff 0.40
03/16/2009 JWM Review and respond to email correspondence from Mr.
Sorenson 0. 30
EFI/EFMF TRUSTEES
Page: 65
08/05/2009
TRUSTEES CODE 384
03/19/2009 JWM Check status of case with staff
03/23/2009 GDA Review correspondence to court re: judgment, memorandum
of costs and writ of possession (. 1)
Office conferences re: following up with court re:
judgment, memorandum of costs and writ of
0. 10
possession (. 1) 0.20
03/24/2009 GDA Telephone conferences with court re: judgment,
memorandum of costs, writ of possession (. 3)
Office conference re: conversation with court (.2)
Develop strategy re: revising judgment, memorandum of
costs, writ of possession (.4)
Review and revise judgment, memorandum of costs and
writ of possession (1.4)
Prepare, review and revise correspondence to court (. 5) 2.80
JWM Prepare documents for submission to Court with revised
judgment for unlawful detainer and confer with Ms.
Axsom re: submission of revised judgment 0.40
03/26/2009 GDA Telephone conference with court re: writ (. 1)
Office conference re: status of obtaining writ (. 1)
03/27/2009 GDA Follow up re: issuance of writ of possession; office
0.20
conference re: same 0. 10
03/30/2009 JWM Receive information from San Diego Superior Court re:
writ of possession of Jasmine Crest Property 0. 10
JWM Email correspondence with Trustee's agent re: selection
of agent to meet Sheriff at Gardality property and
perform procedures on behallf of estate 0. 20
JWM Draft instructions to trustee's agent re: eviction
procedures 0. 30
04/03/2009 GDA Telephone conferences with San Diego Sheriff's
Department Civil Division re: writ of possession (.2)
Office conference re: writ of possession, lock out date
and time (. 1) 0. 30
]WM Receive Gardality eviction date from Sheriff's Dept.;
Email correspondence to Mr. Olson and Mr. Sorenson re:
instructions for lock-out;
Telephone conference with and email correspondence with
Bill Friedman re: lock-out and eviction 0. 90
JWM Confer with Mr. Frederickson re: Gardality eviction 0. 10
04/06/2009 JWM Receive documents from San Diego Sheriff;
Receipt and review of email correspondence from Mr.
Olson re: eviction
04/07/2009 JWM Receive voicemail from Bill Friedman; (. 1)
0.20
EFI/EFMF TRUSTEES
Page: 66
08/05/2009
TRUSTEES CODE 384
Draft letter of authority to John Olson for eviction
(. 4) 0. 50
04/13/2009 GDA Review and organize documents 0. 10
07/01/2009 JWM Receive and analyze plaintiff's motion and supporting
documents for relief from stay to pursue litigation
(. 8)
Legal research re: requirements for obtaining relief
from stay under bankruptcy code section 362 (1. 3) 2. 10
07/02/2009 JWM Review and analyze loan reconciliations for loans
secured by four separate properties involving borrower
Steve Gardality (1. 1)
Telephone conference with Mr. Kandell re: plaintiff's
motion for relief from stay (.2) 1. 30
07/20/2009 GDA Develop strategy re: telephonic appearance at upcoming
hearing and review court rules 0. 30
JWM Review and analyze documents received from San Diego
Superior Court re: plaintiff's default against EFI
(1. 4)
Confer with Mr. Frederickson re: status of plaintiiff' s
case agains EFI in San Diego Superor Court (. 3)
Draft email to bankruptcy counsel, Jeff Kandell, re:
plaintiff's motion for relief from stay (.4)
Make arrangements to appear at order to show cause
hearing, via courtcall, on July 31, 2009 (.2) 2. 30
1. 60
----
07/31/2009 JWM Prepare for and attend court hearing
RECAPITULATION
TimekeeQer Hours Rate Total
ROGER B. FREDERICKSON 2.30 $285. 00 $655. 50
JOSH W. MARTIN 56.20 195. 00 10,959.00
GINA D. AXSOM 8.20 130. 00 1,066. 00
12/29/2008 Attorney Service - San Diego Service of Process 25. 00
12/29/2008 Attorney Service - San Diego Service of Process 50.00
02/01/2009 Attorney Service - San Diego Service of Process - January
9, 2009 420. 00
02/01/2009 Attorney Service - San Diego Service of Process - January
28, 2009 75.00
EFI/EFMF TRUSTEES
Page: 67
08/05/2009
TRUSTEES CODE 384
02/24/2009
03/01/2009
03/01/2009
03/01/2009
03/01/2009
03/05/2009
03/11/2009
03/11/2009
03/11/2009
04/01/2009
04/01/2009
07/16/2009
07/17/2009
06/25/2009
Filing and Recording Costs- Kenneth Paul Wysong - witness
fees
Overnight - to San Diego County Superior Court
Overnight - San Diego County Superior Court
Overnight - to Steve and Mandana Gardality 2/25/09
Filing and Recording Costs - San Diego County
Clerk/Recorder - parcel maps and property characteristics
Travel Expenses - Mileage - Mr. Martin - San Diego eviction
hearing
Filing and Recording Costs - San Diego County Superior
Court - issuance of writ of possession
Filing and Recording Costs - San Diego County Sheriff's
Department - perform eviction
Travel Expenses - Lodging for Mr. Martin - Holiday Inn
Express - eviction hearing in San Diego
Overnight - San Diego Superior Court - copy of files
Document Copies - San Diego Superior Court - copying fees
CURRENT CHARGES
.PREVIOUS BALANCE
Payment on account
BALANCE
49.20
7. 28
7. 71
7.84
17.00
282. 36
15. 00
125. 00
7. 77
126. 50
7. 77
12. 02
103. 50
1,954.45
14,634.95
$12,696.00
-4,443.60
$22,887.35
TRUSTEES CODE 371
02/17/2009 JWM Telephone conference with court clerk re: response
filed by defendants
02/19/2009 JWM Telephone conference with unlawful detainer clerk re:
0. 20
status of defaults 0.20
JWM Prepare writ of possession of property 0. 60
02/20/2009 JWM Obtain and review writ of possession to property 1n
Sanger 0. 30
JWM Telephone conference with Fresno County Sheriff's
Department re: service of writ of possession 0. 20
JWM Prepare instructions to Sheriff' s Department to levy
property and submit necessary documents to process
server 0. 80
EFI/EFMF TRUSTEES
Page: 68
08/05/2009
TRUSTEES CODE 371
02/24/2009 JWM Email correspondence with Sean Farrell re: eviction
process 0. 10
JWM Instructions to staff re: Sheriff 0. 10
03/03/2009 GDA Review correspondence to and from Fresno County Sheriff
re: writ of execution and notice of levy (. 2)
Telephone conference with Fresno County Sheriff re:
status of writ of execution and notice of levy (.2) 0.40
JWM Review email correspondence from Mr. Farrell;
Confer and instruct Ms. Axsom re: status of eviction 0. 30
03/04/2009 GDA Office conference re: conversation with Fresno County
Sheriff, status of eviction 0.20
GDA Conference re: status of eviction of the Komushes; (. 1)
Email correspondence with Mr. Farrell re: status of
eviction (. 1) 0. 20
03/05/2009 GDA Review email correspondence from Mr. Farrell re: Komush
eviction (. 1)
Email correspondence with Mr. Farrell re: Komush
eviction (. 2)
Follow up with Fresno County Sheriff re: eviction date
and time (. 1) 0.40
03/11/2009 JWM Telephone conference with Fresno County Sheriff's
Department and email correspondence with Mr. Farrell
re: eviction 0.40
JWM Telephone conference with Fresno County Court re:
eviction 0. 30
GDA Review email correspondence from Mr. Farrell (. 1)
Office conference re: scheduled lockout, correspondence
from Mr. Farrell (.2) 0. 30
03/12/2009 GDA Develop strategy re: preparation of writ of execution,
taking possession of premises 0.30
JWM Telephone conference with Fresno County Sheriff re:
eviction of Komush and telephone conference with Mr.
Farrell re: eviction 0. 60
03/13/2009 JWM Review documents filed with court pertaining to writ of
posse,sslon
03/16/2009 JWM Telephone conference with Sean Farrell re: Sanger
eviction
03/19/2009 GDA Review email correspondence with Mr. Farrell (. 1)
Office conference re: status of eviction (. 1)
JWM Check status of case with staff
03/20/2009 JWM Receive and review email correspondence from Mr.
Farrell and Mr. McColloch
0. 10
0.20
0. 20
0. 10
0.20
EFI/EFMF TRUSTEES
Page: 69
08/05/2009
TRUSTEES CODE 371
JWM Receive second writ of possession; telephone conference
with Mel McColloch
03/24/2009 JWM Telephone conference with unlawful detainer deputy re:
instructions to Sheriff for eviction
JWM Receive and respond to email correspondence from Mr.
Farrell
03/26/2009 JWM Telephone conference with Deputy Cantrell of Fresno
County Sheriff' s Department
JWM Telephone conference with Mel McColloch re: eviction
date and time
JWM Telephone conference with locksmith re: April 1,
lockout and eviction
JWM Telephone conference with Mel McColloch re: April 1,
eviction
03/30/2009 JWM Receive and review voicemail from Mel McColloch re:
confirmation of scheduled eviction
03/31/2009 JWM Telephone conference with Sheriff's Department to
confirm lock-out/eviction of Komush
04/01/2009 JWM Telephone conference with Mel McColloch confirming
eviction/lock-out of Komush
04/20/2009 JWM Respond to client email correspondence re: selling and
listing of Sanger property
06/22/2009 REF Review loan summary
REF Review loan file, promissory notes, trust deeds, title
insurance policy, subordination agreement,
reconveyances and title record
REF Review foreclosure file
RECAPITULATION
0.40
0. 10
0. 10
0.20
0. 10
0. 10
0. 10
0. 10
0.20
0. 10
0. 30
0.40
1. 00
0. 70
10.60
Timekeeper
JOSH W. MARTIN
GINA D. AXSOM
Hours
2. 10
6.50
2.00
Rate
$285.00
195.00
130.00
Total
$598.50
1,267. 50
260.00
12/24/2008
02/01/2009
02/10/2009
02/20/2009
02/20/2009
Attorney Service - Action Legal Support Service - 3-day
notice served on Komush
Attorney Service - Action Legal Support Service
Attorney Service - Action Legal Support Service
Attorney Service - Action Legal Support Service - Fresno
County Superior, Court - issue writ of execution
County Superior Court - file request for entry of default
2,126.00
115. 00
145. 00
114. 00
131. 43
114. 00
EFI/EFMF TRUSTEES
Page: 70
08/05/2009
TRUSTEES CODE 371
03/01/2009
03/02/2009
03/03/2009
03/03/2009
03/03/2009
03/06/2009
03/12/2009
03/20/2009
04/01/2009
06/25/2009
County Superior Court - file unlawful detainer on 1/29/09
Filing and Recording Costs - Fresno County Sheriff's
Department - service of writ of execution/notice of levy
Overnight - to Fresno County Sheriff' s Dept.
Overnight - to Fresno County Superior Court
Overnight - to Fresno County Superior Court
Filing and Recording Costs - Clerk of the Fresno County
Superior Court - issue writ of possession
Filing and Recording Costs - Fresno County Sheriff -
execution of a writ of possession
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
363.82
125.00
7.81
7. 77
7. 73
12.83
15.00
125.00
7. 77
1,292.16
3,418.16
$2,652.00
-928.20
$5, 141. 96
WINSLOW PROPERTIES & DEVELOPMENT - WINSLOW
TRUSTEES CODE 386
03/05/2009 GDA Office conference re: proceeding with foreclosure (.2)
Email correspondence with Mr. Dean re: proceeding with
foreclosure (. 1)
06/25/2009
Timekeeper
GINA D. AXSOM
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
RECAPITULATION
Hours
0. 30
Rate
$130.00
0. 30
0. 30
Total
$39.00
39.00
39.00
$2,924.00
-1,023.40
$1,939.60
EFI/EFMF TRUSTEES
Page: 71
08/05/2009
FARRALONE ESTATES, LLC - FARRALONE ESTATES
TRUSTEES CODE 333
03/04/2009 REF Review revisions to short pay agreement provided by
counsel for borrower and guarantor 1.00
06/25/2009
REF Revise short pay agreement to address revisions
suggested by borrower and guarantor 0. 70
REF Prepare email to client attaching revised short pay and
release agreement 0. 10
RECAPITULATION
Timekeeper
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
Hours
1. 80
Rate
$285. 00
1. 80
Total
$513.00
513. 00
513.00
$4,978.50
-1,742.48
$3, 749. 02
TEMPLETON MIXED USE PARTNERS, L.P. -RAMADA DRIVE
TRUSTEES CODE 388
02/16/2009 REF Telephone conference with real estate broker Sean
Fitzpatrick re: value of project property
02/18/2009 REF Meeting with San Luis Obispo County planning and
0.20
building department r ~ : project status 0.50
REF Review project permit history and environmental impact
report 0. 70
02/20/2009 REF Review loan file for loan B237-04 1.80
REF Review loan file for loan B107-06 2.00
REF Review County Recorder records re: trust deed history 1. 00
REF Review County Planning records re: status of
entitlements and permits 0. 70
REF Draft loan summary 4.00
REF Telephone conference with real estate broker Sean
Fitzpatrick re: value of property 0.40
02/24/2009 REF Complete draft of loan review and recommendations 3. 00
REF Telephone conference with client re: loan summary and
EFI/EFMF TRUSTEES
Page: 72
08/05/2009
TEMPLETON MIXED USE PARTNERS, L.P. -RAMADA DRIVE
TRUSTEES CODE 388
02/25/2009 REF Review email from client and attached property
appraisal and preliminary title report
REF Telephone conference with client re: his email and
attached reports and strategy re: property
REF Telephone conference with attorney for borrower re:
client settlement proposal '
06/29/2009 REF Pursuant to client request, analyze merits and strength
of claims against borrower and guarantors, develop
litigation strategy, evaluate litigation recovery,
investigate issues pertaining to procedural aspects of
claims and strength of borrower and guarantor defenses
REF Office conference with attorney Juhnke re: litigation
investigation and strategy
DAJ Review documents and develop strategy re: pursuit of
claims against principals
0. 50
0.40
0.40
4. 30
0. 30
0. 30
PROFESSIONAL SERVICES RENDERED 20.70 5,907. 00
06/25/2009
Timekeeper
DAVID A. JUHNKE
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
RECAPITULATION
Hours
0. 30
20.40
Rate
$310. 00
285.00
Total
$93. 00
5,814.00
5,907. 00
$2,553.00
-893. 55
$7,566.45
COVINGTON PROPERTY HOLDINGS, L.P. -KERMAN
TRUSTEES CODE 342
02/25/2009 KDE Office conference with Mr. Frederickson re: review of
loan documents and strategy 0.20
KDE Review and analyze loan documents for loan to Covington
Property Holdings, L.P. 3.00
02/26/2009 GDA Review loan documents and make arrangements to obtain
additional documents; (.2)
Develop strategy re: status of loans, relationship to
Villa Granada loan, additional loan documents and loan
reconciliation needed (.2)
Email correspondence with Mr. Prada re: loan
EFI/EFMF TRUSTEES
TRUSTEES CODE 342
reconciliation (. 1)
KDE Office conference with Ms. Axsom re: loan
reconciliation and other loan documents
KDE Legal research re: strategies to protect lender's
interest through workout instead of foreclosure
KDE Review and analyze loan documents
02/27/2009 JWM Office conference with Mr. Elder re: preparation of
loan summary
KDE Prepare loan summary
03/02/2009 KDE Prepare loan summary
Page: 73
08/05/2009
0. 50
0.20
1. 30
0. 50
0.20
0.90
0.90
03/03/2009 RBF Review loan summary and file 1. 70
03/04/2009 RBF Prepare email to client enclosing summary and
recommendations 0. 20
I
03/05/2009 GDA Review report and recommendations to client 0. 10
03/16/2009 RBF Review client email re: terms of settlement with
borrower 0. 30
RBF Review loan file and summary in preparation for
discussion with counsel for borrower re: settlement 0. 60
settlement 0.40
04/03/2009 KDE Review email correspondence and loan documents in
preparation of drafting settlement agreement 0. 60
04/06/2009 RBF Office conference with attorney Elder re: settlement
agreement terms 0.20
KDE Draft settlement agreement and release 1.90
04/07/2009 KDE Draft settlement agreement and release 1. 70
RBF Review and revise draft settlement agreement and
release 1. 00
RBF Prepare email to borrower counsel attaching draft
settlement agreement and release 0. 10
04/09/2009 RBF Telephone conference with counsel for borrower re:
changes to draft settlement agreement and release 0.20
RBF Revise settlement agreement and release to incorporate
changes requested by borrower' s counsel 0. 80
RBF Prepare email to borrower' s counsel attaching revised
settlement agreement and release 0. 10
04/21/2009 RBF Telephone conference with borrower counsel re: changes
to settlement agreement 0. 20
RBF Review and revise settlement agreement re: changes
requested by borrower counsel 1. 00
EFI/EFMF TRUSTEES
Page: 74
08/05/2009
TRUSTEES CODE 342
RBF Prepare email to counsel for borrower attaching revised
settlement agreement and requesting dates for
examination under oath 0. 10
04/29/2009 RBF Receive and review email from borrower's counsel re:
settlement agreement and examination under oath 0. 10
settlement agreement, borrower financial records, and
scheduling of examination under oath 0. 30
RBF Prepare email to client re: settlement agreement and
examination under oath 0. 10
05/11/2009 RBF Receive and review borrower financial statements and
tax returns to determine whether to pursue continuing
guarantees
05/18/2009 RBF Telephone conference with borrower counsel re:
scheduling of examination under oath
RBF Prepare correspondence to borrower counsel confirming
borrower examination under oath
RBF Prepare correspondence to client enclosing borrower
financial documents and tax returns
GDA Office conference re: scheduling examination of Mr.
Covington in Fresno
05/19/2009 RBF Prepare email to borrower counsel attaching credit
report request form
05/26/2009 JWM Receipt and review Covington' s 2007 tax return
documents (. 3)
Receipt and review Covington' s 2008 tax return
documents (. 3)
Review financial statements for various Covington
entities in preparation for examination under oath
(1. 0)
Prepare deposition questions (.5)
05/27/2009 RBF Receive and review borrower credit report
RBF Forward borrower credit report to attorney Martin for
his examination of borrower under oath
changes to settlement agreement as pre-condition to
deposition
RBF Telephone call to client re: changes to settlement
agreement and release
RBF Telephone conference with borrower attorney re: changes
to settlement agreement and examination under oath
JWM Examination under oath of borrower Robert Mitch
Covington (3. 5)
Travel-time to and from Fresno (6. 5)
Final preparation for deposition (1.0)
1. 50
0.20
0. 10
0. 10
0. 10
0. 10
2. 10
0.20
0. 10
0. 30
0. 10
0.20
11. 00
EFI/EFMF TRUSTEES
Page: 75
08/05/2009
TRUSTEES CODE 342
05/28/2009 JWM Draft summary of deposition of Mr. Covington
06/02/2009 RBF Telephone conference with client re: meeting with
borrower
06/04/2009 RBF Review property information compiled by client property
1. 00
0.20
development consultant 1.00
RBF Telephone conference with real estate broker re: fair
market value of properties 0.40
06/05/2009 RBF Telephone conference with local real estate broker re:
property condition and fair market value
RBF Prepare memorandum to file re: telephone conference
with local real estate broker re: property condition,
rents and fair market value
06/07/2009 RBF Review summary of examination under oath
RBF Review file in preparation to prepare recommendation to
client
06/08/2009 RBF Prepare summary of loan, settlement negotiations, and
recommendations
JWM Review and analyze status report re: loan B306-06 and
loan B307-06 (0.4)
Telephone conference with attorney William Hancock re:
documentation of Mitch Covington's finances (0.40)
Confer with Mr. Frederickson re: status of loan B306-06
and B307-06 (0. 2)
Telephone conference with Sam Gilstrap re: status of
properties securing loans (0. 3)
06/10/2009 JWM Receive and analyze documents from William Hancock re:
finances of Mitch Covington and related entities (0. 9)
Telephone conference with attorney William Hancock re:
documentation (0.4)
Receive and review construction loan reconciliation for
loan B306-06 and documents (0. 3)
Review loan file for loan B306-06 (1. 7)
06/11/2009 JWM Review and analyze documentation from borrower Mitch
Covington (0. 7)
Receive and review correspondence from William Hancock
attorney for Mitch Covington (0. 3)
Complete analysis of loan documents for loan B306-06
and compare with documents received from Covington
(0. 9)
Begin drafting memorandum summarizing factual history
of loan B306-06 and recommendations going forward (1.9)
06/17/2009 GDA Review legal description of property; email
0.30
0. 30
0. 50
0.40
1. 00
1. 30
3. 30
3.80
EFI/EFMF TRUSTEES
Page: 76
08/05/2009
TRUSTEES CODE 342
correspondence with First American Title re: copies of
recorded documents 0.20
Title; email correspondence with Mr. Sorenson and Mr.
Farrell re: invoice from First American Title; develop
strategy re: missing documents; search Fresno County
Recorder's website re: documents; email correspondence
with First American Title re: additional documents 0. 70
JWM Receive and review recorded documents from First
American Title Company (0.9)
Legal research re: advantages and disadvantages of
judicial foreclosure of deed of trust securing loan
B306-06 (2.9) 3.80
06/19/2009 JWM Email correspondence to William Hancock requesting
further documentation
06/22/2009 JWM Telephone conference with William Hancock and Mitch
Covington re: documentation (0. 7)
Draft document request to Mr. Hancock and Mr. Covington
(0. 6)
Review financial information in preparation for
0. 30
conference call (0.6) 1.90
06/24/2009 JWM Draft email to William Hancock, attorney for Mitch
Covington
06/29/2009 JWM Receive and review deposition transcript
06/30/2009 JWM Draft correspondence to William Hancock, attorney for
0.20
0. 70
Mitch Covington 0.80
07/01/2009 JWM Receive and analyze correspondence from William
Hancock, counsel to Mich Covington, re: outstanding
document requests (.4)
Draft correspondence to William Hancock, counsel to
Mitch Covington re: outstanding document requests and
concerns with documentation (.5) 0.90
07/13/2009 JWM Receive and analyze documents and email from Mitch
Covington, via his counsel, William Hancock
07/14/2009 GDA Review and organize documents re: deposition/debtor's
0.40
examination 0.20
JWM Receive and analyze correspondence from Mitch Covington
re: financial status and status of ownership of Kerman
Property (. 4)
Order recorded documents to confirm borrower' s
representations re: status of property (. 2)
Develop strategy re: options for obtaining relief on
EFI/EFMF TRUSTEES
Page: 77
08/05/2009
TRUSTEES CODE 342
defaulted loans (.4)
Revise and complete memorandum containing loan summary
and recommendations (1.8) 2.80
07/15/2009 GDA Search Fresno County Recorder's website re: Covington
document
07/28/2009 GDA Review Fresno County Recorder records re: reconveyance
(. 2)
Title re: reconveyance (.2)
07/29/2009 GDA Review email correspondence and deed of reconveyance
from First American Title (.2)
Email correspondence with Mr.Sorenson and Mr. Farrell
re: First American Title invoice (. 1)
JWM Receive and analyze email from William Hancock,
attorney for Covington re: status of case (. 1)
Compose email in response to opposing counsel's inquiry
re: status of case (.2)
0. 30
0.40
0. 30
0. 30
----
05/27/2009
07/01/2009
07/01/2009
06/25/2009
Timekeeper
KEVIN D. ELDER
JOSH W. MARTIN
GINA D. AXSOM
RECAPITULATION
Hours
14.40
11. 20
34.80
2.80
Rate
$285.00
250.00
195. 00
130. 00
Mileage -Mr. Martin- Fresno for deposition of Mr.
Covington
Total
$4,104.00
2,800.00
6, 786.00
364. 00
Overnight - FedEx Kinko' s, Fresno, CA - May 27, 2009
Document Copies - National Depo - Fresno Court Reporters;
transcript, copying and scanning
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
156. 78
11. 18
949.65
1, 117.61
15, 171. 61
$490.00
-171.50
$15, 490. 11
EFI/EFMF TRUSTEES
Page: 78
08/05/2009
VILLA GRANADA, INC. - MADERA
TRUSTEES CODE 344
02/26/2009 GDA Review loan documents and make arrangements to obtain
additional documents; (.2)
Email correspondence with Mr. Prada re: loan
reconciliation (. 1) 0. 30
KDE Review and analyze loan documents 0. 80
02/27/2009 KDE Office conference with Mr. Martin re: preparation of
loan summary 0.20
KDE Review and analyze loan documents 2. 00
KDE Prepare summary of loan documents 2. 00
03/02/2009 KDE Prepare loan summary
03/03/2009 REF Review loan summary and loan file
03/04/2009 REF Prepare email to client attaching loan summary and
recommendations
0. 30
1. 80
0. 20
03/05/2009 GDA Review report and recommendations to client 0. 10
06/03/2009 REF Telephone conference with local real estate broker re:
fair market value of properties 0.40
REF Review property information obtained by client property
development consultant 1.00
06/05/2009 REF Telephone conference with local real estate broker re:
property condition and fair market value 0. 30
RBF Prepare memorandum to file re: telephone conference
with local real estate broker re: property condition
and fair market value 0. 30
06/08/2009 REF Prepare summary of loan, settlement negotiations, and
06/17/2009 GDA Review legal description of property; email
correspondence with First American Title re: copies of
recorded documents 0.20
JWM Receive and review recorded documents from First
American Title Company (0.8)
Review correspondence and documents provided by
borrower re: loan B307-06 (0.8)
Review wand analyze loan documents for loan B307-06
(1. 4)
Review Mr. Frederickson's loan summary (0.4)
Draft memorandum summarizing factual history of loan
B307-06 and recommendations (1.6) 5. 00
06/19/2009 GDA Review loan documents re: additional information for
First American Title; email correspondence with First
American Title re: additional information 0. 30
EFI/EFMF TRUSTEES
Page: 79
08/05/2009
VILLA GRANADA, INC. - MADERA
TRUSTEES CODE 344
Title; email correspondence with Mr. Sorenson and Mr.
Farrell re: First American Title invoice
07/17/2009 JWM Revise and finalize memorandum summarizing loan status
and recommendations (1. 1)
Draft correspondence to attorney William Hancock,
attorney for borrower Mitch Covington re: status of
reconveyance of trust deed to underlying property held
by Housing Capital, proof of recording (.4)
0. 30
1. 50
06/25/2009
Timekeeper
KEVIN D. ELDER
JOSH W. MARTIN
GINA D. AXSOM
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
RECAPITULATION
Hours
5. 30
5. 30
6. 50
1. 20
Rate
$285.00
250.00
195.00
130.00
Total
$1, 510. 50
1, 325. 00
1,267.50
156. 00
4,259. 00
$39. 00
-13. 65
$4,284.35
SPRADLING CONSTRUCTION - SPRADLING CONST. FRESNO
TRUSTEES CODE 374
02/17/2009 RBF Telephone conference with client re: changes to workout
agreement with borrower 0. 10
02/23/2009 RBF Receive and review email correspondence from client re:
procedure for approval of settlement agreement 0. 10
RBF Respond to email from client re: procedure for
acceptance of settlement agreement 0. 10
02/24/2009 RBF Review and respond to client email re: investor
approval of settlement and bankruptcy notice handling 0. 10
06/25/2009 RBF Receive and review client email and instructions re:
settlement and deed in lieu of foreclosure 0. 10
RBF Telephone conference with client re: settlement and
deed in lieu of foreclosure 0. 10
EFI/EFMF TRUSTEES
Page: 80
08/05/2009
SPRADLING CONSTRUCTION - SPRADLING CONST. FRESNO
TRUSTEES CODE 374
GDA Review loan documents; develop strategy re: form of
reconveyance 0. 30
RBF Review procedures order provisions re: short pay
agreements; meeting with attorney Elder re: procedures
order short pay provisions and revision of settlement
agreement to reflect those provisions 0. 70
KDE Review email correspondence and file re: drafting
reconveyance and depositing same in escrow 0. 50
KDE Draft reconveyance and escrow instructions 1. 00
KDE Telephone conference and email correspondence with Mr.
Farrell re: reconveyance and escrow instructions 0.20
06/26/2009 KDE Review and analyze procedures order re: approval of
short sell agreements 0. 50
KDE Review and revise mutual release agreement to reflect
approval requirements of procedures order 0. 50
06/29/2009 KDE Review and revise mutual release agreement to reflect
requirements set forth in procedures order 0. 60
06/30/2009 RBF Review revised settlement agreement with borrower;
office conference with attorney Elder re: revised
settlement agreement and procedure 0.40
07/01/2009 KDE Telephone conferences and email correspondence with Mr.
Farrell re: investor approval, court approval and
receipt of funds from borrower
KDE Review and analyze procedures order re: procedure to
file notice to object to settlement
KDE Review and revise settlement agreement and release
KDE Email correspondence with Mr. Frederickson re: court
and investor approval of settlement
KDE Prepare correspondence to Mr. Farrell re: proceeding
with settlement and receipt of funds from borrower
0. 50
0.20
0. 50
0. 10
0. 30
PROFESSIONAL SERVICES RENDERED 6.90 1, 748.50
06/25/2009
Timekeeper
KEVIN D. ELDER
GINA D. AXSOM
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
RECAPITULATION
Hours
1. 70
4.90
0. 30
Rate
$285.00
250.00
130.00
Total
$484. 50
1, 225. 00
39. 00
1, 748. 50
$4, 139. 50
-1,448.83
$4,439.17
EFI/EFMF TRUSTEES
Page: 81
08/05/2009
MICHAEL MUGFORD, BUILDER, INC. - MUGFORD TEHACHAPI
TRUSTEES CODE 355
03/05/2009 GDA Office conference re: obtaining documents recorded
against property (. 1)
Review email correspondence (. 1)
(. 3)
Email correspondence with Mr. Prada and Mr. Dean with
invoice from First American Title (. 1) 0. 70
JWM Email correspondence to Todd Brachtenbach at First
American re: status of trust deed recorded prior to
EFI' s trust deed 0.20
]WM Review and analyze loan documents 1. 50
03/11/2009 JWM Receive and review documents received from First
American Title re: status of title 0.40
JWM Draft loan summary 0.90
03/13/2009 JWM Complete loan summary
04/08/2009 ]WM Review loan summary and forward information to Mr.
Frederickson
06/04/2009 GDA Review and organize documents for claims analysis
07/27/2009 RBF Telephone conference with chapter 7 trustee for
borrower bankruptcy estate re: stipulation to motion
for relief from stay
RBF Prepare correspondence to borrower estate chapter 7
trustee re: stipulation for order for relief from stay
1. 50
0. 20
0. 20
0.40
0. 30
PROFESSIONAL SERVICES RENDERED 6. 30 1,233.00
06/25/2009
Timekeeper
JOSH W. MARTIN
GINA D. AXSOM
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
RECAPITULATION
Hours
0. 70
4. 70
0.90
Rate
$285.00
195.00
130.00
Total
$199. 50
916. 50
117. 00
1,233.00
$247.00
-86.45
$1, 393. 55
EFI/EFMF TRUSTEES
CHARNLEY LAND, INC. - SELMA
TRUSTEES CODE 325
03/16/2009 GDA Office conference re: obtaining copies of documents
recorded against property (. 1)
Obtain and review property legal description (. 1)
Correspondence to Mr. Chang/First American Title re:
obtaining copies of recorded documents (. 1)
Review and organize recorded documents (.2)
Review loan summary (. 1)
Office conference re: loan summary (. 1)
Page: 82
08/05/2009
First American Title invoice (. 1) 0. 90
JWM Review loan documents for loan B148-06 and request
documents from Fresno County 0.90
JWM Draft loan summary for loan B148-06 0.60
JWM Receive and review documents received from First
American Title re: status of title; (. 5)
Modify loan status report to reflect new
information (. 3) 0. 80
RBF Receive and review summary of loan and foreclosure
files 0. 30
RBF Review loan and foreclosure files 1.40
03/17/2009 JWM Receive and respond to email correspondence from Mr.
Farrell 0. 30
04/02/2009 RBF Review loan summaries 1. 00
RBF Review loan and foreclosure files in preparation to
make recommendation to client 2.20
04/03/2009 RBF Prepare email to client attaching loan summary and
providing recommendations 0. 50
04/06/2009 RBF Review client email in response to loan summary and
04/07/2009 DAJ Review documents from loan file re: issues on pending
foreclosure 0.80
DAJ Review documents from property profile re: issues for
pending foreclosure 0. 50
04/08/2009 GDA Office conference re: need for loan reconciliation (. 1)
Email correspondence with Mr. Armstrong re: loan
reconciliation for B148-06 (. 1) 0.20
DAJ Review documents re: loan reconciliation and issues on
problem loan 0. 80
04/09/2009 DAJ Review documents and prepare memorandum for client re:
issues and recommendations 1. 50
EFI/EFMF TRUSTEES
Page: 83
08/05/2009
TRUSTEES CODE 325
04/10/2009 DAJ Review documents and prepare memorandum and
recommendations for Trustees
04/15/2009 DAJ Review documents and review, revise and finalize
memorandum and recommendations to client
DA] Prepare email correspondence with client
04/16/2009 DAJ Review, revise and finalize memorandum and
recommendation to client, prepare email correspondence
with client
06/04/2009 GDA Review correspondence and documents re: notice of
default; email correspondence with First American Title
re: additional documents
re: additional documents and respond to same
06/12/2009 DA] Review documents re: property and foreclosure status of
senior lien
06/15/2009 DAJ Review documents re: foreclosure of senior lien and
prepare email correspondence with client re: same
06/16/2009 DAJ Telephone conference with bankruptcy counsel re:
foreclosure of senior lien and rescission of Trustee' s
deed
DA] Review documents re: foreclosure of senior lien (0. 3)
Legal research re: demand for rescinding trustee's deed
(0. 5)
Prepare correspondence demanding rescission of
trustee' s deed (0. 5)
06/17/2009 GDA Review email correspondence and documents from First
American Title; email correspondence with Mr. Sorenson
and Mr. Farrell re: invoice for documents from First
American Title
06/18/2009 DAJ Review and revise correspondence to title company re:
rescission of trust deed; prepare email correspondence
with counsel re: same
re: demand for rescission of foreclosure by first trust
deed holder
06/22/2009 GDA Telephone c o n f ~ r e n c e with Mr. Raver's assistant Karissa
re: correspondence to Mr. Raver
DAJ Telephone conference with counsel re: reconveyance of
Trustee' s deed
DA] Review documents and review, revise and finalize
0.80
0. 70
0. 30
0. 70
0. 30
0.20
0. 30
0. 70
0. 30
1. 30
0.20
0. 30
0.60
0.20
0.20
EFI/EFMF TRUSTEES
Page: 84
08/05/2009
TRUSTEES CODE 325
correspondence re: demand for reconveyance of Trustee's
deed 0. 50
06/23/2009 DAJ Review documents re: appraisal
DAJ Prepare email correspondence with client re: Heritage
Oaks response to demand for reconveyance
DAJ Review documents re: EFI loan, property information,
and senior lien held by Heritage Oaks
06/24/2009 GDA Review email correspondence re: conversation with Mr.
Raver and responses
DAJ Review email correspondence with client re: request for
standstill agreement by Heritage Oaks and loan
investigation issues
06/25/2009 GDA Email correspondence with Mr. Armstrong re: phase 2
reconciliation; review reconciliatiion
DAJ Review documents re: EFI loan and relationship to
Heritage Oaks loan
DAJ Review documents re: project proposal, valuation and
basis for EFI loan
06/26/2009 GDA Search and obtain information re: Andrew Charnley
07/06/2009 GDA Develop strategy re: review of EFI email re: Charnley's
loan
DAJ Review documents re: Guth email files for
communications on loan
DAJ Review documents re: email files for Yaguda for
communications re: loans
DAJ Review documents re: email files for EFI escrow for
communications re: loan
DAJ Review documents re: property valuation and issues on
foreclosure
DAJ Prepare detailed report and recommendations for client
07/08/2009 RBF Develop strategy with attorney Juhnke re: history of
and efforts to resolve matter
RBF Review draft memo re: investigation of loan and claims
GDA Review supplemental memorandum and recommendations
DAJ Review, revise and finalize supplemental memorandum re:
report and recommendations to client
DAJ Review documents re: lending relationship with Charnley
for report and recommendations
DAJ Review email correspondence re: lending relationship
with Charnley for report and recommendations
DAJ Review documents re: property and proposed project
07/10/2009 GDA Telephone conference with Mr. Raver; review email
correspondence re: status and recommendations
0. 30
0.80
0. 50
0. 20
0. 30
0.20
1.20
0. 70
0. 30
0.20
0. 90
0.80
1. 00
1. 30
1.80
0. 10
o. 10
0. 20
1. 80
1. 20
0.90
0.80
0. 30
EFI/EFMF TRUSTEES
Page: 85
08/05/2009
TRUSTEES CODE 325
counsel re: foreclosure of Heritage Oaks Bank first
trust deed and pending auction sale 0.60
for Heritage Oaks Bank and client re: proposed auction
of property 0. 30
06/25/2009
Timekeeper
DAVID A. JUHNKE
JOSH W. MARTIN
GINA D. AXSOM
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
RECAPITULATION
Hours
25. 50
5. 70
2.60
3.40
Rate
$310.00
285.00
195. 00
130.00
Total
$7,905.00
1,624. 50
507. 00
442. 00
10,478.50
$109.00
-38. 15
$10,549.35
CHARNLEY LAND, INC. - DINUBA
TRUSTEES CODE 324
03/16/2009 JWM Review loan documents for loan B154-06 0.90
JWM Draft loan summary for loan B154-06 0.40
GDA Office conference re: obtaining recorded documents on
property (. 1)
Title re: documents recorded against property (. 1) 0.20
invoice from First American Title (. 1) 0. 30
JWM Receive and review documents from First American Title
Company; (. 4)
Modify loan summary to reflect new documents (.3) 0. 70
04/01/2009 RBF Review loan summaries 1. 70
EFI/EFMF TRUSTEES
Page: 86
08/05/2009
CHARNLEY LAND, INC. - DINUBA
TRUSTEES CODE 324
draft summary and recommendation to client
04/03/2009 RBF Prepare email to client attaching loan summary and
providing recommendations
04/06/2009 RBF Review client email in response to loan summary and
recommendations
1. 80
0. 50
0. 10
04/14/2009 RBF Receive, review and respond to client email re: action
against borrower 0. 10
04/20/2009 RBF Prepare demand and default letter to borrower
RBF Prepare access agreement
07/08/2009 GDA Review loan documents and demand letter; office
conference re: same
RBF Office conference with attorney Juhnke re: history of
and efforts to resolve matter
0. 50
0. 30
0. 30
0. 10
RBF Review draft memo re: investigation of loan and claims 0. 10
06/25/2009
Timekeeper
JOSH W. MARTIN
GINA D. AXSOM
CURRENT CHARGES,
PREVIOUS BALANCE
Payment on account
BALANCE
RECAPITULATION
Hours
5.20
2.00
0.80
Rate
$285.00
195.00
130.00
8.00
Total
$1,482.00
390.00
104.00
1,976. 00
1,976. 00
$39. 00
-13. 65
$2, 001. 35
BUELLTON INDUSTRY - INDUSTRIAL WAY
TRUSTEES CODE 340
02/19/2009 RBF Office conference with attorney Elder to discuss
specifics of forbearance agreement 0. 30
KDE Office conference with Mr. Frederickson re: drafting
forebearance agreement 0.20
02/21/2009 KDE Draft forbearance agreement 2. 30
EFI/EFMF TRUSTEES
Page: 87
08/05/2009
BUELLTON INDUSTRY - INDUSTRIAL WAY
TRUSTEES CODE 340
02/23/2009 RBF Review and revise draft forbearance agreement
RBF Prepare email to client attaching forbearance agreement
KDE Office conference with Mr. Frederickson re: comments to
forbearance agreement
KDE Review and revise forbearance agreement
02/26/2009 RBF Telephone conference with client re: changes to
agreement and procedure for investor approval
RBF Review and revise draft correspondence to investors re:
majority approval of forbearance agreement and prepare
email re: same
KDE Office conference with Mr. Frederickson re: preparation
of correspondence to investors requesting approval of
forbearance agreement
KDE Draft correspondence to investors requesting approval
of forbearance agreement
0. 30
0. 30
0. 10
0.60
0.40
1. 00
0. 20
2. 30
06/25/2009
Timekeeper
KEVIN D. ELDER
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
RECAPITULATION
Hours
2.30
5. 70
Rate
$285. 00
250.00
Total
$655. 50
1,425. 00
2,080. 50
$493. 00
-172.55
$2,400.95
ALAN L. FORREST - SEASIDE
TRUSTEES CODE 372
03/17/2009 RBF Telephone conference with client re: recommendation
that settlement discussions be discontinued 0.20
and demand for rents 0. 20
RBF Telephone conference with client re: impact of
cross-collateralization upon foreclosure 0. 10
06/01/2009 RBF Receive and review settlement proposal from borrower 0. 10
06/02/2009 RBF Telephone conference with client re: borrower
correspondence re: settlement 0. 10
EFI/EFMF TRUSTEES
Page: 88
08/05/2009
TRUSTEES CODE 372
RBF Telephone call to borrower re: borrower's settlement
offer
06/03/2009 RBF Review correspondence from borrower' s real property
consultant re: purchase offer and purchase-water
credits
RBF Telephone conference with client property consultant
re: expiration of purchase water credits relating to
property development
06/05/2009 RBF Review correspondence from borrower's broker re:
expiration of water credits
RBF Telephone conference with client real property
consultant re: expiration of water right credits
06/08/2009 RBF Review correspondence from borrower's counsel re:
settlement and lender liability claims
RBF Review correspondence from borrower' s counsel and
attached purchase offers
RBF Prepare email to client attaching correspondence from
borrower' s attorney and investment advisor
JWM Telephone conferences with Sam Gilstrap re: status of
water permit and strategy (0. 6)
Review and analyze documents re: B221-04 and underlying
property (1. 7)
Telephone conference with City Attorney's office in
Seaside (0.4)
consultant re: water credits re: property
06/09/2009 JWM Legal research re: effects of Senate Bill 1185 upon
permit requirements (0.9)
Telephone conferences with Sam Gilstrap re:
implications of new law and strategy with City of
Seaside and recommendations (0. 7)
RBF Receive, review and respond to email from client
property development consultant re: expiration of water
credits and tentative map
RBF Office conference attorney Martin re: strategy re:
expiration of water credits and tentative map
JWM Revise 60-day notices and cover letters to tenants
occupying Seaside properties (0.4)
Email correspondence with Mr. Gilstrap re: extension of
water credits for Seaside property (0. 3)
JWM Draft correspondence to City Planner for City of
Seaside (1.8)
Draft expedited request for water permit to Monterey
Peninsula Water Management District (1.4)
06/10/2009 RBF Receive, review and respond to client property
development consultant email re: water credits and
0. 10
0.40
0. 30
0.40
0.60
0. 30
0.40
0. 20
2. 70
0. 10
1.60
0. 10
0. 20
0. 70
3. 20
EFI/EFMF TRUSTEES
Page: 89
08/05/2009
TRUSTEES CODE 372
tentative map issues 0. 10
RBF Office conference with attorney Martin re: water
credits and tentative map 0. 20
consultant re: efforts to extend water credits and
tentative map 0. 10
RBF Telephone conference with client and client property
development consultant re: water credit extension and
tentative map 0.40
JWM Numerous telephone conferences with Scott Silva of
Asset Logic Group re: water credits and tentative map
issues (0. 6)
Telephone conferences with Matt Sorenson re: status of
water permit application (0.4)
Telephone conferences with Sam Gilstrap re: status of
water credit extension and tentative map (0. 7) 1. 70
06/29/2009 GDA Review and organize correspondence re: water permit 0.20
07/27/2009 JWM Review and analyze trustee's report re: status of
building plans on property (. 4)
Review and analyze loan documents for 8221-04 to
determine authority to act on borrower's behalf in the
event of default (. 9)
Draft correspondence to Mr. Sorenson, outlining legal
options with regard to building plans (. 7) 2.00
JWM Draft correspondence to project architects, outlining
legal authority for Trustee to use building plans (1.8)
Receive and analyze email from Mr. Sorenson re: status
of case and indemnification issues (.4)
Draft email to Mr Sorenson re: indemnification issues
and strategy (.4) 2. 60
07/28/2009 JWM Revise and finalize correspondence to architects re:
EFI' s authority to use plans soliciited by borrower in
default (. 6)
Review language of construction loan agreement re:
EFI' s authority to act as attorney-in-fact for
borrowers in default (.3) 0.90
Timekeeper
JOSH W. MARTIN
GINA D. AXSOM
CURRENT CHARGES
RECAPITULATION
Hours
4.60
15.40
0.20
Rate
$285. 00
195.00
130.00
Total
$1, 311. 00
3,003. 00
26. 00
4, 340. 00
EFI/EFMF TRUSTEES
Page: 90
08/05/2009
TRUSTEES CODE 372
PREVIOUS BALANCE
BALANCE
$2, 174.00
-760.90
$5, 753. 10
JOHN E. KING - CREEKSIDE LANE
TRUSTEES CODE 328
03/06/2009 RBF Telephone call to attorney for borrower re: status of
borrower offer of proof 0. 10
RBF Telephone conference with borrower real estate broker
re: status of borrower offer of proof 0. 10
RBF Telephone conference with borrower attorney re: offer
of proof 0. 10
RBF Receive and review borrower's offer of proof in support
of settlement request 0. 90
03/09/2009 RBF Analyze borrower offer to settle
RBF Telephone call to borrower re: offer to settle
RBF Prepare email to borrower's counsel re: demanding
details of settlement offer
03/11/2009 RBF Review borrower settlement offer and supporting
documents
03/16/2009 RBF Receive and review correspondence from borrower's
counsel re: settlement
03/17/2009 RBF . Telephone conference with borrower's real estate broker
2. 00
0. 10
0.20
0.80
0. 10
re: settlement 0. 30
RBF Telephone call to borrower's attorney re: borrower
RBF Telephone conference with borrower's real estate broker
re: borrower settlement offer 0. 10
03/18/2009 RBF Telephone conference with borrower attorney re:
settlement 0. 30
03/23/2009 RBF Review documents produced by borrower in support of
settlement offer 3.00
documents missing from document production in support
of settlement offer 0.40
03/24/2009 RBF Telephone conference with attorney Dennis Law re:
lawsuit pending against John King and King Development
EFI/EFMF TRUSTEES
Page: 91
08/05/2009
TRUSTEES CODE 328
by Oak Bay Homeowner' s Association 0. 20
RBF Prepare email to counsel for borrower re: documentation
required for settlement offer 0. 60
04/02/2009 RBF Draft memorandum to clients outlining borrower
settlement negotiations, loan facts, collection issues,
and providing a recommendation 2. 00
RBF Telephone conference with client and committee
attorneys re: borrower settlement proposal 0. 50
04/03/2009 RBF Receive and review email from client responding to
email concerning borrower settlement offer 0. 10
RBF Prepare email to committee attorneys re: borrower
RBF Prepare memorandum to equity and unsecured creditor's
committees re: borrower settlement proposal 1. 40
RBF Prepare email to client attaching proposed memorandum
and attachments to be provided to equity and unsecured
creditor committees re: borrower settlement proposal 0. 10
04/06/2009 RBF Prepare email to committee attorneys attaching
memorandum, newspaper articles, and analysis for review
by committees re: borrower settlement offer 0. 10
RBF Respond to email from committee counsel re: borrower
RBF Telephone conference with borrower real estate broker
re: status of settlement 0. 10
04/08/2009 RBF Telephone conference with client re: decision of
committees to proceed with foreclosure and action
against guarantor 0. 10
RBF Telephone conference with client re: re-initiation of
foreclosure 0. 10
06/04/2009 RBF Prepare summary of loan, settlement negotiations, and
06/10/2009 RBF Evaluate claim upon personal guaranty
RBF Prepare memorandum to client re: evaluation of claim
upon guaranty and recommendations in that regard
1. 70
1. 00
Timekeeper
CURRENT CHARGES
PREVIOUS BALANCE
RECAPITULATION
Hours
17.20
Rate
$285. 00
Total
$4,902.00
4,902.00
$3,104.00
EFI/EFMF TRUSTEES
TRUSTEES CODE 328
BALANCE
24TH STREET TOWNE HOMES - 24TH STREET
TRUSTEES CODE 301
02/19/2009 RBF Review loan files in response to notice of default
recorded by Chase Home Finance
RBF Research title history re: notice of default recorded
by Chase Home Finance
RBF Prepare email to client requesting preliminary title
report for properties secured by trust deeds subject
notices of default
GDA Office conference re: new matter 24th Street Towne
Homes
GDA Review documents and make arrangements to open file
03/17/2009 DAJ Review documents re: foreclosure of first trust deed
and related issues
03/18/2009 DAJ Review documents and develop strategy re: foreclosure
issues
03/20/2009 GDA Office conferences re: obtaining and reviewing loan
documents (. 3)
Review loan documents and discuss need for additional
documents (.4)
Page: 92
08/05/2009
-1,086.40
$6,919.60
1. 80
2. 00
to
0. 10
0. 10
0. 20
0. 70
0. 50
Title re: recorded documents (. 3) 1. 00
03/23/2009 JWM Review and analyze loan documents for loan B116a-05
JWM Review and analyze loan documents for loan B117a-05
03/24/2009 JWM Draft loan summary for loan B116a-05
JWM Draft loan summary for loan B117a-05
GDA Email correspondence with Mr. Chang/First American
Title re: status of requested documents
0. 80
0.80
0. 80
0.80
0.80
0.80
0.80
0.80
0.80
0.40
0. 50
0. 10
0. 50
0.40
EFI/EFMF TRUSTEES
Page: 93
08/05/2009
TRUSTEES CODE 301
JWM
Draft loan summary for loan B120a-05
JWM
Draft master loan summary, describing property history,
ownership status, and priority of liens for loans
Bl16a-05 through B123a-05
(1. 2)
0. 50
0.40
0. 50
0.40
2.40
Review master loan summary (.2) 1.50
]WM Receive and review documents from First American Title
Company re: chain of title to the properties, status of
foreclosure 2.20
03/26/2009 GDA Review and organize recorded documents (.3)
Office conference re: documents and need for additional
documents (. 3)
additional documents (. 1) 0. 70
DA] Review documents re: loans and reconveyances and
develop strategy re: possible claims 1.20
DA] Review documents re: transfers of title and senior
liens and develop strategy re: possible avoidance 1. 30
03/30/2009 GDA Review correspondence from First American Title re:
additional documents (. 1)
Review and organize additional documents from First
American Title (.2) 0. 30
03/31/2009 JWM Review documents obtained from First American Title
Company, loan reconcilliations provided by LECG; (1. 3)
Research issue of whether assignee to deed of trust
takes property subject to defenses against assignor,
beneficiary; (1. 2)
Research re: requirements to attain holder in due
course status with regard to a secured promissory
note; (1. 2)
Legal research re: case law exception to holder in due
course status for financial institutions (1. 1) 4.80
DAJ Review documents re: loan reconciliations on 8 loans 0. 50
DA] Review documents re: recorded documents on property
relating to 8 loans 0.80
DA] Review documents and prepare chronology re: transfers
of property, issuance of trust deeds, and assignments
of trust deeds on 8 loans 1.20
04/01/2009 JWM Review documents and develop strategy re: obtaining
title to subject properties (. 3);
EFI/EFMF TRUSTEES
Page: 94
08/05/2009
TRUSTEES CODE 301
Telephone conference with Mr. Sorenson re: document
requests and strategy (. 5) 0.80
DAJ Telephone conference with client re: issues and
additional information 0. 50
DAJ Review documents re: property profile reports on 8 lots 0. 70
DAJ Review documents re: loan reconciliations on 8 loans 0. 50
DAJ Review documents re: loan files and prepare chronology
of events (8 loans) 0.80
04/02/2009 JWM Legal research re: holder in due course doctrine 0.90
04/03/2009 DAJ Review documents and prepare email correspondence with
lender re: request for loans files on prior lien 0. 30
05/11/2009 DAJ Review documents re: Heritage Oaks loan file relating
to senior lien on lot 2 0.80
DAJ Review documents re: Heritage Oaks loan file for senior
lien on lot 3 0.80
lien on lot 4 0.80
DAJ Review documents re: Heritage Oaks loan documents for
senior lien on lot 5 0.80
lien on lot 6 0.80
lien on lot 7 0. 70
lien on lot 8 0. 70
lien on lot 9 0.80
issues on prior loans 0. 50
DAJ Review documents re: payoff of prior 'loans 0.40
05/22/2009 JWM Research ownership issues, holder in due course status 0. 50
06/15/2009 GDA Review San Luis Obispo County Recorder's website re:
any notices of sale on properties; email correspondence
with First American Title re: notice of sale, copies of
all foreclosure documents on Lots 2 through 9 (.4)
Develop strategy re: correspondence to Chase Home
Finance re: notices of default and review assignments
and notices of default on lots 2 through 9 and revise
correspondence to Chase Home Finance re: stopping
foreclosures on lots 2, 3, 6, 7, 8 and 9 (4. 5) 4. 90
DAJ Review documents re: default and foreclosure status of
first trust deeds on 8 loans 1.90
DAJ Prepare, review and revise correspondence to first
trust deed holders re: stopping foreclosure on
properties relating to 8 loans held by EFI 1.80
EFI/EFMF TRUSTEES
Page: 95
08/05/2009
TRUSTEES CODE 301
06/16/2009 GDA Review and revise correspondence to Chase Home Finance
c/o First American Loanstar Trustee Services re:
stopping foreclosures on Lots 4 and 5 0.40
DAJ Review, revise and finalize correspondence to senior
lienholders re: stop foreclosure activities 0.60
06/17/2009 GDA Email correspondence with Mr. Sorenson and Mr. Farrell
re: First American Title invoice 0. 10
GDA Develop strategy re: phone call from First American
Loanstar Trustee Services about stopping foreclosure on
Lots 4 and 5; review correspondence confirming
rescission of notices of default 0. 30
RECAPITULATION
56. 30 13, 051. 50
Timekeeper
DAVID A. JUHNKE
JOSH W. MARTIN
GINA D. AXSOM
CURRENT CHARGES
BALANCE
Hours
20.40
3.90
22.40
9.60
Rate
$310. 00
285. 00
195. 00
130.00
Total
$6,324.00
1, 111. 50
4, 368. 00
1, 248. 00
13, 051. 50
$13, 051. 50
TRUSTEES CODE 350
03/06/2009 RBF Review matter re: status 0. 50
RBF Prepare email to client re: status 0.20
03/09/2009 GDA Review database re: loans B191-06 and B192-06 (. 1)
Review and revise spreadsheet to add loans B191-06 and
B192-06 (. 1)
Office conference and make arrangements re: obtaining
documents and opening file (. 1)
Obtain, review and organize foreclosure documents from
All American Foreclosure re: B191-06 and B192-06 (. 7) 1.00
RBF Receive and review email forwarded by client from
borrower re: settlement 0. 30
03/11/2009 RBF Telephone call to borrower's attorney 0. 10
03/13/2009 RBF Telephone call to borrower's attorney re: settlement 0. 10
EFI/EFMF TRUSTEES
Page: 96
08/05/2009
TRUSTEES CODE 350
03/17/2009 RBF Telephone conference with client re: discontinuance of
settlement efforts 0. 30
and demand for rents 0.20
RBF Telephone conference with client re: impact of
cross-collateralization upon foreclosure 0. 10
03/19/2009 RBF Telephone call to All American Foreclosure Company re:
cross-collateralization issue 0. 10
RBF Telephone conference with foreclosure agent re: issues
pertaining to cross-collateralization of loans 0. 20
RBF Examine loan files and trust deeds to determine best
method for foreclosure of trust deeds 1.00
RBF Telephone conference with foreclosure agent re:
foreclosure of trust deeds 0. 30
RBF Prepare email to client re: resolution of foreclosure
issue
04/23/2009 GDA Office conferences re: Alan Forrest's ex parte
application for temporary restraining order and order
to show cause, preparation and filing of
opposition (.4)
Review ex parte application for temporary restraining
order and order to show cause (. 2)
Telephone conferences with attorney services re: filing
opposition to ex parte application early tomorrow
morning (.6)
0. 10
Draft opposition to ex parte application (. 3) 1. 50
borrower' s action for ex parte order to enjoin
foreclosure and trustee' s sale 0. 20
RBF Telephone conference with client re: borrower's action
for ex parte order to enjoin foreclosure and trustee' s
sale 0. 10
RBF Review pleadings in support of borrower' s action for ex
parte order to enjoin foreclosure and trustee's sale 0.40
RBF Research Monterey County Superior Court local rules re:
ex parte actions 0.40
RBF Meeting with staff re: filing and service requirements
for opposition to borrower's action for ex parte order
to enjoin foreclosure and trustee's sale 0. 30
RBF Research and draft opposition to borrower's application
for ex parte order to enjoin foreclosure 3.00
04/24/2009 RBF Prepare opposition for ex parte relief for filing and
service 1.00
RBF Telephone conference with attorney service re: filing
of opposition to ex parte application of borrower 0.20
05/04/2009 RBF Receive and review email from client re: rent payment
EFI/EFMF TRUSTEES
Page: 97
08/05/2009
TRUSTEES CODE 350
demand from tenants 0. 10
RBF Prepare response to client email re: rent payment
demand of tenants 0. 10
RBF Receive and review email from client foreclosure agent
re: status of recorded trustee's sale deeds 0. 10
05/13/2009 RBF Prepare demand for payment of rent to be sent to
tenants of property 1. 00
RBF Prepare correspondence to be sent to borrower enclosing
demands for payment of rent delivered to property
tenants 0.20
Vaughn and respond to same 0. 20
05/18/2009 RBF Research procedure for demand and collection of tenant
rents 0. 50
RBF Telephone conference with client re: status of demands
for payment of rents delivered to tenants 0. 10
05/20/2009 RBF Telephone conference with property tenant re: demand
for payment of rents 0. 10
06/01/2009 RBF Receive and review borrower's settlement proposal 0. 10
RBF Telephone conference with borrower re: his
correspondence of June 1, 2009, and status of rents due
client 0. 10
06/02/2009 RBF Telephone conference with client re: borrower
correspondence re: settlement 0. 10
RBF Telephone call to borrower re: borrower's settlement
offer 0. 10
06/03/2009 JWM Confer with Mr. Frederickson re: eviction of tenants
residing in properties securing loan B191-06 (0.4)
Review and analyze foreclosure documents re: trust deed
securing loan B191-06 (0.9)
Receive, review and analyze correspondence from
borrower and borrower's counsel (1.4)
Review and analyze loan documents re: loan B191-06
(1. 9) 4. 60
RBF Telephone conference with borrower re: demand for rents
and settlement 0. 10
06/04/2009 JWM Draft correspondence to tenants occupying properties
located on Spencer Street, to accompany 60-day notice;
draft correspondence to borrower in response to his
letter 2. 30
06/05/2009 JWM Draft and revise correspondence to current tenants
occupying properties securing loan B191-06 (1.4)
EFI/EFMF TRUSTEES
Page: 98
08/05/2009
TRUSTEES CODE 350
Draft 60-day notices to quit to tenants occupying
properties securing loan 8191-06 (0. 7)
Receive correspondence from borrower and borrower's
real estate consultant (0.4)
Draft correspondence to borrower Alan Forrest (0.6)
RBF Review and revise correspondence to tenants re:
eviction
06/08/2009 RBF Review correspondence from borrower' s counsel and
attached purchase offer for property
RBF Prepare email to client enclosing correspondence from
borrower' s attorney and investment advisor
RBF Telephone conference with client re: purchase offers
received from borrower's attorney and investment
advisor
RBF Receive, review and respond to email from equity
committee counsel attaching borrower's email
responding to borrower email
borrower claims
RBF Receive and review email between borrower and
bankruptcy counsel
06/10/2009 RBF Prepare correspondence to borrower re: compliance with
demand for rents
06/12/2009 RBF Telephone conference with client re: steps to recover
rent payments
06/18/2009 JWM Receive and review correspondence from Mr. Forrest re:
settlement
06/19/2009 RBF Receive, review and forward borrower email re:
settlement
RBF Telephone call to borrower responding to email re:
settlement
RBF Prepare correspondence to borrower re: possession of
property and disgorgement of rents
RBF Receive and review client email re: borrower email re:
settlement
RBF Telephone conference with Jack Paklin, property manager
of borrower properties re: rental status of properties
and issues pertaining to leasing
RBF Prepare email to client summarizing conversation with
Jack Paquin and attaching correspondence sent to
borrower re: ownership of property and continuing theft
and trespass
06/22/2009 JWM Telephone conference with Marlene Trottle, tenant at
764 Spencer Street (0.4)
3. 10
0.40
0. 30
0.20
0. 30
0.20
0. 10
0. 30
0.20
0. 30
0. 10
0.40
0. 10
0. 10
0. 30
0. 10
0.20
0.40
EFI/EFMF TRUSTEES
Page: 99
08/05/2009
TRUSTEES CODE 350
Obtain and forward documents to Ms. Trottle (0. 3)
REF Telephone conference with borrower and property manager
re: past rents, leasing of property, and payment of
upcoming rent
REF Prepare email to client re: telephone conference with
borrower and property manager re: past due rent and
property management
RBF Receive and review correspondence from property manager
Jack Paquin and attached personal services agreement
REF Research to determine obligations of property owner
through foreclosure sale to honor contracts of previous
owner relating to property
REF Prepare correspondence to borrower re: accounting for
past rents, provision of tenant lease agreements, and
surrender of property
06/24/2009 REF Telephone conference with borrower counsel re:
disgorgement of rents and accounting
RBF Review property management agreement provided by
proposed property manager
RBF Prepare email to client re: comments re: proposed
property management agreement
REF Prepare correspondence to counsel for borrower
confirming telephone conference re: accounting for
rents, disgorgement of rents, production of tenant
lease agreements, and production of utility bills and
keys
06/25/2009 REF Receive and review proposed property management
agreement for Spencer Street properties
06/26/2009 REF Receive, review and forward to client email from
borrower re: steps taken in transfer of possession of
properties
RBF Review and revise proposed property management
agreement with Creative Property Management
06/29/2009 REF Receive, review and forward to client email received
from borrower re: tenant rent payments and borrower
accounting
07/05/2009 RBF Receive and review correspondence and receipts from
borrower's attorney re: accounting for rents
RBF Prepare email to client re: borrower accounting of
rents and small claims court recommendation
07/06/2009 REF Prepare correspondence to borrower's attorney demanding
payment of rents improperly expensed
07/07/2009 REF Receive, review and forward to client check received
from borrower in partial payment of rent owed
0. 70
0. 30
0. 20
0. 10
0. 60
0. 20
0. 30
0.40
0. 20
0. 30
0. 30
0. 10
0.40
0. 10
0. 30
0. 30
0.40
0.20
EFI/EFMF TRUSTEES
Page: 100
08/05/2009
TRUSTEES CODE 350
07/14/2009 RBF Telephone conference with counsel for borrower re:
status of tenant security deposits and improperly
expended funds
RBF Telephone conference with borrower counsel re:
disposition of security deposits and refusal to return
funds misapplied
disposition of security deposits and refusal to return
funds misapplied
07/17/2009 JWM Legal research re: former landlord's retention of
security deposits, responsibilities of successor in
interest to tenants (.9)
Draft correspondence to Leo Siegel, attorney for Alan
Forrest, re: obligations of former landlord, Alan
Forrest to tenants and succesor in interest (1.2)
07/22/2009 RBF Receive and review correspondence from borrower's
counsel re: accounting for security deposits and
reimbursement of rents received
RBF Meeting with attorney Martin re: accounting for
security deposits and reimbursement of rents received
JWM Receive and analyze correspondence from Leo Siegel,
attorney for Alan Forrest re: former landlord's
retention of security deposits and outstanding back
rent(.4)
Legal research re: Civil Code 1950.5 and former
landlord's responsibility with regard to security
deposits (.4)
Develop strategy re: obtaining tenant's security
deposits held by former landlord, obtaining back rents
collected by landlord subsequent to foreclosure (.6)
07/23/2009 JWM Draft memorandum containing factual summary and
recommendations re: possible action against former
landlord for unlawful retention of security deposits
and back rents owed (1. 7)
Legal research re: jurisdiction of small claims court
over trustee's potential claims against borrower/former
landlord (. 3)
Legal research re: rules regarding legal representation
of parties to small claims action (. 3)
Legal research re: cause of action against former
landlord/borrower in default for conversion of rent
monies (.4)
07/24/2009 JWM Develop strategy with Mr. Frederickson re: potential
action against former landlord/borrower in default (.2)
Revise and finalize memorandum containing factual
0. 10
0.20
0. 30
2. 10
0. 10
0. 10
1.40
2. 70
EFI/EFMF TRUSTEES
Page: 101
08/05/2009
TRUSTEES CODE 350
summary and recommendations re: possible action against
former landlord/ borrower in default (.6)
RBF Review and revise correspondence to client re:
recommendations re: borrower refusal to return tenant
rents and security deposits
0.80
0. 50
06/01/2009
06/01/2009
06/01/2009
06/01/2009
06/01/2009
06/01/2009
06/01/2009
06/01/2009
06/09/2009
06/09/2009
07/07/2009
Timekeeper
JOSH W. MARTIN
GINA D. AXSOM
RECAPITULATION
Hours
21.40
18. 10
2. 70
Rate
$285.00
195.00
130.00
Total
$6,099.00
3,529. 50
351. 00
Overnight - 750 Spencer Street, unit 1 or A - demand to pay
rent to party other than landlord
Overnight - 750 Spencer Street, unit 2 or B - demand to pay
Overnight - 750 Spencer Street, unit 3 or C - demand to pay
Overnight - 750 Spencer Street, unit 4 or D - demand to pay
Overnight - 750 Spencer Street, unit 5 or E - demand to pay
Overnight - 762 Spencer Street - demand to pay rent to
party other than landlord
Attorney Service - Attorney Service of California - process
service of sixty day notices to quit
Overnight - Attorney Service of California
Overnight - LECG
CURRENT CHARGES
BALANCE
7.96
7.96
7.96
7. 96
17.96
7. 96
7.96
17.96
315. 00
8.23
8. 38
415.29
10,394.79
$10,394.79
JLK, LLC - RANCHITA CANYON
TRUSTEES CODE 365
Armstrong re: possible title issues (. 3)
EFI/EFMF TRUSTEES
Page: 102
08/05/2009
TRUSTEES CODE 365
Office conference re: loan documents, opening file (.4)
Review and organize loan documents and make
arrangements re: opening file (. 5) 1. 20
DAJ Review documents re: title insurance, preliminary title
report, and possible claim against title insurance
company 1. 20
DAJ Telephone conference with Mr. Armstrong re: issues and
potential claims against title insurance company 0. 50
DAJ Review documents re: loan B523-04 0. 50
03/12/2009 GDA Review and organize loan documents (.5)
reconciliation spreadsheets (. 3) 0. 80
03/13/2009 GDA Review and organize loan documents 0. 20
GDA Develop strategy re: additional loans to JLK/Koman (. 1)
Review and obtain copies of loans documents for
B458-04, B458A-04 and B531-04 (. 5)
Review correspondence re: title report issues, cash
entry schedule (.2) 0.80
DAJ Review documents re: land loan, lot loans, title
reports, and possible claims against title insurance 1.90
03/16/2009 DAJ Telephone conference with Mr. Sorenson re: potential
title insurance claims, proposed sale of related
property 0. 50
DAJ Review documents re: title reports on lots, failure to
reconvey prior loans, and possible claims against title
company 0. 90
05/12/2009 GDA Office conference re: status, need for additional
information and documents; review B531-04 loan
documents 0. 20
05/14/2009 GDA Office conference re: status and documents needed 0. 10
DAJ Review documents and prepare detailed memorandum to
Trustees 1.80
DAJ Review documents re: primary loan and payoff
information 0.80
DAJ Review documents re: lot loans and payoff information 0. 50
05/15/2009 GDA Review and organize loan documents for B531-04 (. 7)
reconciliation and review loan reconciliation (.2)
05/19/2009 GDA Office conference re: loan review and analysis; review
correspondence and loan documents (.2)
0. 90
EFI/EFMF TRUSTEES
Page: 103
08/05/2009
TRUSTEES CODE 365
Title re: copies of recorded documents (.2)
Review and organize recorded documents (. 3) 0. 70
DAJ Review documents re: primary land loan 0.80
DAJ Review documents re: lot 22 loan 0. 80
DAJ Review documents re: loans on lots 11 and 21 0. 90
DAJ Prepare detailed analysis and recommendations to client 0. 80
05/20/2009 GDA Email correspondence with Mr. Sorenson and Mr. Farrell
re: First American Title invoices (. 1)
Review correspondence, loan summary and recommendation
to client (.2) 0. 30
DAJ Review, revise and finalize detailed status memorandum
and recommendations to client 1. 80
issues and recommendations 0.80
DAJ Review documents re: title insurance policies and
develop strategy re: possible claims 0.90
06/02/2009 DAJ Review documents and prepare tender letters to Stewart
Title on title insurance claims 1.20
06/04/2009 GDA Review and revise correspondence to Stewart Title re:
claims; develop strategy re: same 1. 00
DAJ Review documents re: claims against title insurance on
lots 11 and 21; review and revise correspondence to
title insurance company re: tender of claims 1. 60
06/19/2009 DAJ Review correspondence from title company 0.20
07/15/2009 GDA Develop strategy re: response and document production
re title insurance claims 0. 30
DAJ Review documents re: title insurance policy and
production of loan files on title insurance claim (0. 5)
Prepare email correspondence with client (.2)
07/16/2009 GDA Follow up re: telephone call from Mr. Teemstra, counsel
for Stewart Title (. 1)
Review and organize loan documents to be produced to
0. 70
Mr. Teemstra/counsel for Stewart Title (. 5) 0. 60
07/24/2009 GDA Review and organize loan documents to send to attorney
for Stewart Title re: title insurance claim (.6)
Draft correspondence to Stewart Title counsel Mr.
Tiemstra (. 3)
RECAPITULATION
Timekeeper
DAVID A. JUHNKE
GINA D. AXSOM
Hours
20. 10
8.00
Rate
$310.00
130. 00
0.90
28. 10 7, 271. 00
Total
$6, 231. 00
1, 040.00
EFI/EFMF TRUSTEES
Page: 104
08/05/2009
TRUSTEES CODE 365
CURRENT CHARGES
BALANCE
7,271.00
$7,271.00
BETHEL ESTATES - BETHEL ESTATES
TRUSTEES CODE 314
03/12/2009 GDA Review loan documents re: principals (.2)
Obtain information from secretary of state re:'
corporations which are part of Bethel Estates
partnership (.2)
Make arrangements re: opening file (.2)
03/16/2009 JWM Review loan documents for loan B412-05 and draft loan
0. 60
summary 0.90
JWM Review loan documents for loan B417-05 0.40
GDA Review legal descriptions (. 1)
Title re: obtaining copies of documents recorded
against property (. 1) 0. 20
American Title (.6)
JWM Review documents obtained from First American Title
Insurance Company with regard to loan B412-05 and
B417-05 0. 50
03/18/2009 GDA Review email correspondence and additional documents
from First American Title (. 1)
Review and organize additional documents (. 1) 0.20
03/26/2009 GDA Review and organize recorded documents 0. 10
04/13/2009 JWM Complete analysis and loan summaries for Loan B412-05
and B417-05 2. 10
05/18/2009 RBF Review loan summaries 0.80
provide recommendation to clients 1. 60
05/19/2009 RBF Prepare email to clients attaching loan summaries and
recommending strategy re: foreclosure and action on
continuing guarantees 0.20
EFI/EFMF TRUSTEES
Page: 105
08/05/2009
BETHEL ESTATES - BETHEL ESTATES
TRUSTEES CODE 314
REF Prepare correspondence to borrower and guarantors
informing them of default and acceleration of loan and
offering settlement terms 0. 30
GDA Review loan summaries and recommendation; office
conference re: sending demand letter, access agreement
and agreement re: credit history to borrowers; prepare
access agreement (.5)
Review email correspondence from Mr. Sorenson re: loan
summaries and respond to same (.2) 0. 70
REF Develop strategy re: action on personal guarantees 0. 10
05/21/2009 RBF Telephone conference with borrower John Solu re:
continuing guarantees and estate claims 0. 30
GDA Office conference re: continuing guarantees; review
loan documents and obtain copies of continuing
guarantees for Mr. Solu' s counsel 0. 30
07/05/2009 RBF Review correspondence from borrower re: veracity of
signatures 0. 10
RECAPITULATION
10.20 2, 106.50
Timekeeper
JOSH W. MARTIN
GINA D. AXSOM
CURRENT CHARGES
BALANCE
Hours
3.40
3.90
2.90
Rate
$285. 00
195. 00
130. 00
Total
$969.-00
760. 50
377. 00
2, 106. 50
$2, 106. 50
OAKVIEW DEVELOPMENT - WILLOW ROAD
TRUSTEES CODE 385
03/12/2009 GDA Review loan documents (. 1)
Obtain information from secretary of state re: Oakview
Development (. 1)
Make arrangements re: opening file (. 1)
Review and organize documents from All American
Foreclosure (. 5) 0.80
03/17/2009 JWM Review and analyze loan documents 0.80
04/14/2009 JWM Brief review of documents to ascertain other documents
needed;
EFI/EFMF TRUSTEES
Page: 106
08/05/2009
TRUSTEES CODE 385
Request loan reconciliation documents from LECG and
recorded documents from FATCO
GDA Office conference re: property legal description,
obtaining recorded documents (. 1)
Review legal descriptions attached to loans (. 1)
Title re: copies of documents recorded against the
property (. 1)
GDA Office conference re: loan documents (. 1)
Review loan documents (. 1)
04/15/2009 JWM Gather and transfer relevant documents and email
correspondence over to Mr. Elder
GDA Review correspondence from First American Title re:
documents requested (.2)
Review San Luis Obispo County Tax Collector's website
re: property (. 1)
Telephone conference with San Luis Obispo County
Assessor's office re: new APN numbers for property (. 1)
documents requested (.2)
(. 2)
invoice from First American Title (. 1)
KDE Office conference with Mr. Martin re: review of loan
documents
JWM Confer with Mr. Elder re: status of loans and review of
loan documents
04/20/2009 KDE Review and analyze loan documents
04/21/2009 KDE Draft loan summaries
0. 30
0. 30
0.20
0. 30
0.90
0.20
0.20
2. 00
0.80
05/19/2009 RBF Review loan summaries and recommendations 0.40
make recommendation to client re: foreclosure and
further action 0.80
RBF Revise loan summaries and recommendations 0. 30
RBF Prepare email to clients attaching loan summaries and
GDA Review correspondence and recommendations to client re:
demand letter and access agreement; prepare access
agreement
07/13/2009 RBF Telephone conference with borrower/guarantor re: work
out options, insolvency documentation, and issues
0. 30
concerning property and claims 0.40
RBF Prepare correspondence to borrower/guarantor re:
telephone conference re: borrower insolvency, property
EFI/EFMF TRUSTEES
Page: 107
08/05/2009
TRUSTEES CODE 385
issues, and foreclosure 0.20
07/20/2009 RBF Telephone conference with guarantor Ron Chappell re:
evidence of insolvency and issues pertaining to
foreclosure 0. 50
07/24/2009 RBF Review financial records and tax returns produced by
RBF Prepare correspondence to client enclosing documents
produced by borrower and guarantor and recommending
action with regard to personal guaranty
07/29/2009 JWM Receive and analyze e-correspondence from Mr. Sorensonl
re: foreclosure issues (.2)
Draft email to Mr. Sorenson, responding to request (. 1)
1. 00
0.40
0. 30
Timekeeper
KEVIN D. ELDER
JOSH W. MARTIN
GINA D. AXSOM
CURRENT CHARGES
BALANCE
RECAPITULATION
Hours
4.20
3. 00
1. 90
2. 50
Rate
$285.00
250.00
195.00
130.00
Total
$1,197.00
750. 00
370. 50
325. 00
2, 642. 50
$2,642.50
BRIAN TODD MORALES - NORCO
TRUSTEES CODE 357
03/16/2009 GDA Review loan documents and make arrangements to open
file 0.20
03/30/2009 JWM Review and analyze documents relating to loan B125-07 0. 90
JWM Order recorded documents from First American Title
Company and loan reconciliations from LECG 0. 20
JWM Draft loan summary for loan B125-07 0. 70
04/02/2009 GDA Office conference re: obtaining documents recorded
against property (. 1)
Title re: documents recorded against property (. 1) 0. 20
JWM Provide legal description of property to Ms. Axsom, in
order to obtain recorded documents 0. 10
EFI/EFMF TRUSTEES
Page: 108
08/05/2009
BRIAN TODD MORALES - NORCO
TRUSTEES CODE 357
recorded documents and invoice (. 1)
04/13/2009 JWM Receive and analyze loan reconciliation documents
JWM Legal research re: security first rule, in order to
determine possibility of enforcing personal guaranty
and foreclose
JWM Draft loan summary
Timekeeper
JOSH W. MARTIN
GINA D. AXSOM
CURRENT CHARGES
BALANCE
RECAPITULATION
Hours
4.00
0.60
Rate
$195.00
130. 00
0. 30
1. 20
0.60
4.60
Total
$780. 00
78.00
858.00
858. 00
$858. 00
AUGUST LIEBELT - LOT 14, PASO ROBLES
TRUSTEES CODE 309
04/03/2009 JWM Receive, review and respond to client email
correspondence 0.30
04/06/2009 GDA Review loan documents (. 1)
Prepare new case report and make arrangements re:
opening of file (. 3)
obtaining documents recorded against property (. 1)
(. 5) 1. 00
invoice from First American Title for recorded
documents 0. 10
04/15/2009 JWM Review loan documents relating to loan B236-06 0.80
04/20/2009 JWM Telephone conference with client re: status of
foreclosure 0.50
JWM Telephone conference with client re: follow up to his
EFI/EFMF TRUSTEES
Page: 109
08/05/2009
AUGUST LIEBELT - LOT 14, PASO ROBLES
TRUSTEES CODE 309
discussion with investor
RECAPITULATION
Timekeeper
JOSH W. MARTIN
GINA D. AXSOM
CURRENT CHARGES
BALANCE
Hours
2.00
1. 10
Rate
$195.00
130.00
0.40
3. 10
Total
$390.00
143. 00
533.00
533. 00
$533. 00
SANGER LAND HOLDINGS & MR. C. INVESTMENTS - SANGER
TRUSTEES CODE 371
04/14/2009 GDA Review loan documents and prepare new case report (. 2)
Review and organize documents from All American
Foreclosure Service (.4) 0. 60
04/20/2009 GDA Review and organize loan and foreclosure documents 0.20
04/21/2009 JWM Review and analyze loan documents 1. 30
04/22/2009 GDA Office conference re: documents recorded against
property (. 1)
copies of documents recorded against property (. 1) 0.20
04/23/2009 JWM Review and analyze escrow documents 0.80
04/24/2009 JWM Receive, review and analyze recorded documents from
First American Title 1.80
05/26/2009 JWM Review and analyze reconveyance documents 0.60
05/28/2009 JWM Review and analyze loan reconciliation (. 3)
Review and analyze memorandum agreement between Sanger
Holdings and Mister C Investments (1.0)
Draft loan summary (1.0) 2. 30
06/23/2009 RBF Examine documentation and materials complied by client
property development advisor 0. 50
EFI/EFMF TRUSTEES
Page: 110
08/05/2009
SANGER LAND HOLDINGS & MR. C. INVESTMENTS - SANGER
TRUSTEES CODE 371
RBF Revise loan summary and recommendations for production
to client 0. 50
RBF Prepare email to client attaching loan summary and
07/09/2009 JWM Confer with Mr. Frederickson re: status of property
(. 1)
Review and analyze documents re: status of property
securing loan (. 3)
RBF Telephone conference with client re: issues re:
foreclosure on Mr. C Investment/Sanger loan
0.40
0.20
PROFESSIONAL SERVICES RENDERED 9. 60 1,917. 50
Timekeeper
JOSH W. MARTIN
GINA D. AXSOM
CURRENT CHARGES
BALANCE
RECAPITULATION
Hours
1. 30
7.20
1. 10
Rate
$285. 00
195. 00
130. 00
Total
$370. 50
1,404.00
143. 00
1,917. 50
$1,917.50
JOHN ESPOSITO - CAYUCOS
TRUSTEES CODE 323
05/11/2009 DAJ Review documents re: loan file on Esposito loan 0. 50
05/12/2009 GDA Review loan documents and request copies of recorded
documents from First American Title (. 3)
(. 2)
Email correspondence with Mr. Sorenson re: invoice from
First American Title (. 1) 0. 60
DAJ Review documents re: recorded documents against
property, loan disbursements 0. 50
05/20/2009 GDA Email correspondence with Mr. Armstrong re: loan
reconciliation; review loan reconciliation
Office conference and review loan documents re:
properties owned by John Esposito and Viana
Development; search tax collector records re: Esposito
properties (. 6) 0.80
DAJ Review documents re: Cayucos Drive loan 0.80
DAJ Review documents re: foreclosure of first trust deed
EFI/EFMF TRUSTEES
Page: 111
08/05/2009
TRUSTEES CODE 323
and revise correspondence to title company re: same
DAJ Review documents re: Esposito assets and property
DAJ Review documents and prepare status memorandum and
05/21/2009 GDA Review loan documents, assessor records, correspondence
re: properties and develop strategy re: same
DAJ Review documents and prepare detailed memorandum and
recommendations for client
05/22/2009 DAJ Review documents and revise detailed memorandum to
client re: status and recommendations
05/26/2009 DAJ Review correspondence and documents re: foreclosure
issues and strategy
05/27/2009 GDA Review correspondence re: status of foreclosure
DAJ Review documents re: financial information and property
ownership
DAJ Review documents and prepare chronology re: esposito
and viana loans
REF Telephone conference with foreclosure agent for Chase
Bank re: foreclosure of Karen Guth/John Esposito
property in Cayucos
REF Prepare email to attorney Juhnke re: telephone
conference with foreclosure agent for Chase Bank re:
foreclosure of Karen Guth/John Esposito property
05/28/2009 REF Office conference with attorney Juhnke re: title issues
and ability to foreclose on trust deed
GDA Develop strategy re: loan review findings, additional
information needed; search and obtain information re:
properties owned by John Esposito
DAJ Review and revise detailed status memorandum and
05/29/2009 GDA Email correspondence with Mr. Sorenson re:
RIPR/preliminary title report on property; rev1ew
trustee's sale guarantee (.4)
Search and obtain information re: additional properties
owned by Mr. Esposito in San Luis Obispo County and in
Arizona and develop strategy re: same (1.6)
REF Review memorandum re: loan summaries and
recommendations
DAJ Review, revise and finalize status report and
06/01/2009 GDA Review report re: John Esposito and Viana Development
and responses to same
06/04/2009 REF Telephone conference with attorney Paul Munoz re:
0. 70
0. 50
1. 00
1.00
1. 50
1.20
0.40
0. 10
0. 70
0. 60
0.20
0. 10
0. 30
0. 50
1. 50
2. 00
0. 50
0.60
0.40
EFI/EFMF TRUSTEES
Page: 112
08/05/2009
TRUSTEES CODE 323
investigation of EFI investments in Costa Rica
06/16/2009 DAJ Review email correspondence and documents re: property
valuation issues (0. 5)
0. 60
Prepare email correspondence with client re: same (0. 3) 0.80
foreclosure, property values and potential claims 0.40
07/13/2009 DAJ Review property valuation and prepare recommendations
to client 0. 70
07/15/2009 GDA Develop strategy re: demand letter to Mr. Esposito (.2)
Review documents and draft correspondence to Mr.
Esposito (.5) 0. 70
DAJ Telephone conference with client re: status and
strategy on foreclosure and collection of loans 0. 50
DAJ Review documents re: foreclosure and collection issues 0. 70
DAJ Prepare correspondence to borrower re: alternatives to
judicial foreclosure action 0. 70
07/16/2009 DAJ Review and revise correspondence to borrower re:
judicial foreclosure and demand for financial
information 0. 70
07/17/2009 GDA Review and revise correspondence to Mr. Esposito 0.20
DAJ Review and revise correspondence to borrower 0. 20
RECAPITULATION
23.20 6,015. 50
Timekeeper
DAVID A. JUHNKE
GINA D. AXSOM
CURRENT CHARGES
BALANCE
WALTER L. MOORE - THE BUNGALOWS
TRUSTEES CODE 378
Hours
15.20
1. 70
6. 30
Rate
$310.00
285.00
130.00
05/12/2009 GDA Review email correspondence from Mr. Sorenson re:
Walter Moore/Bungalows project and organize FCI
Total
$4,712.00
484. 50
819.00
6, 015. 50
$6,015.50
EFI/EFMF TRUSTEES
TRUSTEES CODE 378
foreclosure documents (. 7)
Page: 113
08/05/2009
Review loan documents and make arrangements re: opening
of file and organization of loan documents (.6) 1. 30
05/13/2009 GDA Review and organize FCI documents re: Walter Moore-The
Bungalows (13 files) from Mr. Sorenson (2. 1)
Review escrow and title documents for B564-05 and email
Omni re: missing documents (. 3) 2.40
05/14/2009 GDA Review and organize FCI foreclosure files 2. 90
05/20/2009 RBF Telephone conference with counsel for borrower Walter
Moore re: borrower Chapter 7 bankruptcy 0.40
RBF Telephone call to borrower Chapter 7 bankruptcy trustee 0. 10
05/21/2009 GDA Review bankruptcy court documents re: Mr. Moore's
bankruptcy and obtain copies; review correspondence re:
conversations with bankruptcy attorney 0.60
borrower's attorney re: Chapter 7 bankruptcy 0. 10
RBF Receive and review email from client re: response to
borrower's attorney re: deed in lieu 0. 10
RBF Telephone call to borrower attorney re: deed in lieu 0. 10
RBF Review borrower bankruptcy application and related
filings 0. 30
06/12/2009 RBF Telephone call to Chapter 7 trustee of borrower
bankruptcy estate re: release of properties to permit
foreclosure 0. 10
RBF Telephone conference with trustee's counsel re: release
of properties from borrower bankruptcy filing 0. 30
06/19/2009 RBF Telephone call to counsel for bankruptcy trustee re:
transfer of borrower properties out of bankruptcy 0. 10
RBF Review and respond to client email re: status of
discussions with borrower bankruptcy trustee counsel
re: release of property from borrower bankruptcy 0. 10
RBF Telephone conference with borrower bankruptcy trustee
counsel re: release of property from borrower
bankruptcy 0. 20
RBF Prepare memorandum to client re: telephone conference
with borrower bankruptcy trustee counsel re: release of
property from borrower bankruptcy 0. 30
07/06/2009 RBF Telephone call to counsel for borrower Chapter 7
bankruptcy trustee re: release of properties securing
EFI loans 0. 10
07/08/2009 RBF Receive, review and respond to client email re: status
of discussions with borrower estate Chapter 7 trustee
re: transfer of properties from Chapter 7 estate 0. 10
EFI/EFMF TRUSTEES
Page: 114
08/05/2009
TRUSTEES CODE 378
RBF Telephone conference with counsel for Chapter 7 trustee
of bankruptcy estate of borrower re: abandonment of
property and stipulation for relief from stay; prepare
email to client re: same
07/21/2009 RBF Retrieve loan file documents in preparation to draft
stipulation re: relief from stay and abandonment
RBF Research re: relief from stay and abandonment of estate
property
RBF Draft of fact section to stipulation for relief from
stay and abandonment
RBF Retrieve loan information re: loan numbers, amounts and
balances for inclusion in stipulation for relief from
stay and abandonment of estate property
RBF Retrieve property description for inclusion in
stipulation for relief from stay and abandonment
07/22/2009 GDA Develop strategy re: exhibits in support of motion for
relief from stay (.2)
Review and revise motion for relief from stay; motion
for abandonment (. 5)
Review and organize exhibits in support of motion for
relief from stay (.2)
Office conference re: filing of motion for relief from
stay and motion for abandonment (. 1)
RBF Complete draft of motion for relief from stay and
supporting documentation
RBF Draft motion for abandonment and supporting papers
RBF Receive, review and respond to email re: status of
motion for relief from stay and motion for abandonment
07/23/2009 GDA Review eastern district bankruptcy court local rules
re: filing motion for relief from stay and motion for
abandonment (1. 5)
Develop strategy re: motion for relief from automatic
stay and motion for abadonment (1.0)
Review and revise notices of hearing, motions for
relief and abandonment, declarations in support of
motions (1. 2)
Telephone conference with court clerk (. 2)
07/24/2009 GDA Review and organize exhibits to motion for relief from
automatic stay and motion for abandonment (.2)
Develop strategy re: motion for relief from the
0. 30
0. 60
0. 60
0. 60
0. 30
0.40
1. 00
1. 00
2. 00
0. 10
3.90
automatic stay and motion for abandonment (.2) 0.40
07/27/2009 GDA Prepare exhibit lists for motion for relief from
automatic stay and motion for abandonment
0. 60
21.40 4,068. 50
EFI/EFMF TRUSTEES
Page: 115
08/05/2009
TRUSTEES CODE 378
Timekeeper
GINA D. AXSOM
CURRENT CHARGES
BALANCE
RECAPITULATION
Hours
8. 30
13. 10
Rate
$285.00
130.00
Total
$2, 365. 50
1, 703.00
4,068. 50
$4,068.50
CREEKSIDE ESTATES 1 AT SQUAW VALLEY - SQUAW VALLEY
TRUSTEES CODE 376
Locati settlement and proposed transfer of properties
(0. 3); review documents re: settlement with Locati re:
transfer of properties(0.2) 0. 50
06/23/2009 RBF Review mutual compromise settlement and release
agreement between EFI, borrower Creekside Estates 1 at
Squaw Valley, LLC and guarantor Matthew Locati with
regard to borrower offer to provide a deed in lieu of
foreclosure 0. 50
RBF Telephone conference with client re: borrower Creekside
Estates 1 at Squaw Valley, LLC offer to provide deed in
lieu 0. 10
07/10/2009 RBF Prepare settlement agreement and documents in support
of deeds in lieu of foreclosure 3.40
DAJ Review documents re: Locati settlement agreement and
develop strategy for deed in lieu 0. 20
07/13/2009 RBF Review settlement agreement between EFI, borrower
Creekside Estates 1 at Squaw Valley and guarantor
Matthew Locati re: terms of deed in lieu of foreclosure 0. 50
07/14/2009 GDA Obtain information re: Creekside Estates and make
arrangements re: opening file, conflict check (. 3)
Review and revise collection spreadsheet (.2)
Review loan documents and obtain copies of trust deeds
for B259-04, B261-04, B262-04, B263-04 and B252-04 (.3) 0.80
07/15/2009 RBF Review construction trust deeds relating to each lot
subject to deed in lieu of foreclosure 0. 60
RBF Telephone conference with borrower re: properties
subject to settlement and deeds in lieu of foreclosure 0. 30
EFI/EFMF TRUSTEES
Page: 116
08/05/2009
TRUSTEES CODE 376
07/17/2009 REF Telephone conference with client re: properties subject
to deeds in lieu of foreclosure 0. 30
07/22/2009 REF Telephone conference with borrower re: changes to deeds
in lieu of foreclosure 0.40
07/23/2009 REF Telephone conference with borrower re: revisions to
settlement agreement 0.40
REF Prepare deed in lieu of foreclosure, warranty deed,
release of claims, covenant not to sue and exhibit list
for loan number B259-04, lot 10 1. 20
RBF Prepare deed in lieu of foreclosure, warranty deed,
RBF Prepare deed in lieu of foreclosure, warranty deed,
for loan number B252-04, lot 21 1.20
07/24/2009 GDA Develop strategy re: revisions to deeds in lieu to
carve out lot 10 0. 20
RBF Telephone conference with borrower and client re:
purchase offer on lot 10 and exclusion from deeds in
lieu of foreclosure 0.40
07/26/2009 REF Revise deed in lieu of foreclosure agreements,
covenants not to sue, and releases to reflect exclusion
of lot 10 1.40
07/27/2009 REF Final review of deeds in lieu and associated documents
prior to distribution to borrower for signature 0. 50
REF Prepare email to borrower/guarantor attaching deeds in
lieu of foreclosure and associated documents 0. 10
RECAPITULATION
16.60 4,593. 50
Timekeeper
DAVID A. JUHNKE
GINA D. AXSOM
CURRENT CHARGES
BALANCE
Hours
0. 70
14.90
1. 00
Rate
$310.00
285. 00
130. 00
Total
$217.00
4,246. 50
130.00
4,593. 50
$4,593.50
EFI/EFMF TRUSTEES
TRUSTEES CODE 376
TOTAL BALANCE DUE - PLEASE REMIT
Page: 117
08/05/2009
$374,406.49
, days. MasterCard/Visa accepted. Call 781-2898.
EXHIBIT 5
Date: 08/07/2009
Subtotal for Timekeeper MM
Hours
to Bill Amount
Billable 303. 20 93992.00 DAVID A. JUHNKE
Billable 12.30 3505.50 ROGER B. FREDERICKSON
Billable 30. 00 5850.00 JOSH W. MARTIN
Billable 214.50 27885. 00 GINA D. AXSOM
Billable 119.70 11970.00 MICHELLE M. HEALEY
Billable 679. 70 143202. 50 /EFI/EFMF TRUSTEES
CLAIM INVESTIGATION
Summary of Fees 002
Page: 2
ATTORNEYS AT LAW
(805) 541-2800
EFI/EFMF TRUSTEES
Page: 1
08/05/2009
CLAIM INVESTIGATION
02/17/2009 DAJ
DAJ
DAJ
DAJ
DAJ
DAJ
DAJ
Review documents re: possible claims on loansllllllll'
and-
Review email correspondence from- re: request
for documents
Review documents from

re:
re:
re:-
re: ..
re:-
-
-
DAJ correspondence with re:
0. 20
0. 20
0. 90
1. 20
0. 90
0.80
0. 70
obtaining files; prepare email correspon e re: same 0. 30
DAJ Review correspondence re: request for files 0. 20
02/18/2009 GDA
GDA
DAJ
DAJ
02/19/2009 GDA
GDA
DAJ
DAJ
re: obtaining documents from
lop
call to._...
spondence re: request for documents
, review documents re: response
Telephone conference with-re: possible-
and issues
Telephone conference withllllllllt re: production of
additional documents in response to 2004 subpoena
Review email correspondence from- re:
production of documents
Review and prepare email correspondence with
d Mr. ble oduction of
ce and documents re: files to
0. 10
0. 30
0. 30
0. 40
0.20
0. 20
0. 80
0. 30
EFI/EFMF TRUSTEES
Page: 2
08/05/2009
CLAIM INVESTIGATION
02/20/2009 DA] Review correspondence from and
prepare response 0. 50
DA] Review email correspondence from and
prepare email correspondence in response 0. 30
DAJ Prepare email correspondence with.Trustees re:
communications with and collection of
documents 0. 20
DA] Review documents received from 0. 70
DA] Review email correspondence re:
02/23/2009 GDA
GDA
GDA
GDA
GDA
GDA
GDA
DA]
DA]
DAJ
DA]
DAJ
02/24/2009 GDA
GDA
GDA
GDA
GDA
same
; prepare email correspondence re:
aretllllldocuments from LECG and
and prepare summary of same
Develop s egy re: following up withtlll ..
41111 on documents and information, cost to obtain
additional documents
Telephone conference withllllllllll re: document
production, cost for additional documents
Review local bankruptcy rules re: filing notice of
motion for protective of proposed
order re: 2004 motion ...............
Draft declaration re: lack of re e to
for production of documents by
Meeting with- to review
documents and strategy re: same
Prepare email correspondence to Mr. Noble re: time/cost
estimate for additional4llllldocuments
Review email and documents re:
production from--
Review correspondence and are email correspondence
with re: production of
documents
Review email correspondence
correspondence with re:
Review email correspondence
correspondence with re:
production of documen s
Review documents produced by
.. documen. ts from LECG and
............... and prepare summary of same
Review and revise declaration re: lack of to
motion for production of documents
Review local bankruptcy rules re: proposed order in
motion for production of documents fromllllll
Review motion for production of documents by .......
._ and draft proposed order
Telephone conference with Mr. Noble re: cost and scope
0. 30
2. 60
0. 20
0. 30
0. 60
0. 80
0. 60
0. 30
0. 40
0. 50
0.30
0.40
2. 60
1. 20
0. 70
0.60
0. 80
EFI/EFMF TRUSTEES
Page: 3
08/05/2009
CLAIM INVESTIGATION
GDA
DAJ
DAJ
GDA
GDA
02/25/2009 GDA
GDA
GDA
GDA
DAJ
DAJ
of additional documents
Prepare exhibit to declaration re: lack
to motion for production of document
Review documents produced
email correspondence re: documents produced by
Prepare notice of entered order and service list to go
with proposed or tion for production of
documents by
Prepare correspondence to United Process Servers re:
filing and lodging motion for production
of documents by
Review and revise declaration re: lack of
motion for production of documents by
Review documents and develop strategy re: organization
of electronic mail and documents
Review correspondence and notes re: conversations with
.........a and Mr. Noble about additional ......
documents; (. 4)
revise email correspondence to4llll
.__ re: add1 t1onal- documents (. 9)
Prepare email correspondence to Mr. Noble
documents
Review do
02/26/2009 GDA Review and and prepare index of
same
GDA Review email correspondence from-and Mr.
Noble re: additional- documents
DAJ Review documents produced concerning
DAJ
DAJ
02/27/2009 GDA Review and organize
0.20
0. 70
1. 50
0.20
0.40
0. 50
0.50
0.20
1. 30
0. 30
1. 50
1. 40
1. 50
0. 20
1. 30
1. 20
1. 50
...... for transmission to Mr. Noble 3.90
03/01/2009 DAJ Review email correspondence re
claims agai 0. 30
03/02/2009 DAJ Review documents and update status outline 0. 70
DAJ Review documents re: 0.30
03/03/2009 GDA Review email correspondence from Mr. Noble re:tlllll
documents 0. 10
EFI/EFMF TRUSTEES
Page: 4
08/05/2009
CLAIM INVESTIGATION
GDA
GDA re: motion for production of documents by
(. 1)
proof of service of conformed order on-
and its attorneys (. 3)
Prepare proof of service for filing with court (. 3)
0. 10
filing proof of service (. 3) 1. 00
03/04/2009 GDA Develop strategy re: status of obtaining documents from
GDA
GDA
DAJ
DAJ
DAJ
DAJ
03/05/2009 GDA
RBF
RBF
GDA
-
-- --- ----
Department of Real
Follow up with
at ions
obtaining copies of their
Telephone conference wit
Obtain information re:
Prepare, review and revise
~ for production of
-- (.6)
(. 1)
. 2)
correspondence and
documents to
re:
2004
Prepare, review and revise correspondence to4llllllll
and-re: 2004
Review documents from
requested but not rece
re: documents
Revi obtained from
documents and develop
documents from
re: same
Review and organize documents produced by
.. (.8)
Follow-up with
. w and organize
for transmission to Mr. No.ble . 1
Review and revise index of _g documents (. 4)
Telephone conference with counsel for Department of
Real Estate re: request for documents
on
Telephone conference with attorney for Department of
Corporations re: request for documents
onference re: follow-up letter to-and
RBF are memorandum re: discussions with Departments of
Corporations and Real Estate re: production of
0. 90
1. 30
0. 80
1. 30
0. 70
1. 60
0.30
4.40
0. 30
0. 30
0. 10
documents 0. 30
EFI/EFMF TRUSTEES
Page: 5
08/05/2009
CLAIM INVESTIGATION
DAJ
DA]
DA]
03/06/2009 GDA
GDA
GDA
DAJ
03/09/2009 GDA
DA]
DAJ
DAJ
Review, revise and finalize correspondence totlll
~ n e conference with re:
obtaining files (0. 5); prepare email correspondence
with client re: same (0. 3)
Review documents re:
and prepare analysis re: same
Telephone conference with- re: status of
production of records
Develop strategy re: cost estimate for obtaining cop1es
of documents from Department of Real Estate and
Department of Corporations (. 1)
Obtain cost information from various copy services re:
cost to copy 20-25 boxes of documents (. 7)
Prepare memorandum re: costs to copy 20-25 boxes of
documents (. 2)
Noble re: additional
prepare analysis re: same
Develop strategy re:
-
Rev1ew documents re:
prepare analysis re:
prepare analysis re:
prepare analysis re: same
arid
and
and
03/10/2009 GDA Review assignments to and
summary
0. 50
0. 80
1. 70
0.40
1. 00
0.40
1. 40
0.'30
1. 30
1. 50
1. 30
re: 5. 10
GDA Meeting with- re: additional-documents
for Mr. Noble 0.20
DAJ Review documents and email correspondence re:
production from Department of Corporations and DRE and
prepare email correspondence with client re: same 0. 50
03/11/2009 GDA
RBF
RBF with client re:
and
summary
DAJ rev1ew email correspondence with client re:
issues on production of documents from Department of
2. 30
0. 30
0. 10
Corporations, Department of Real Estate 0. 50
DAJ Rev ts re:
1. 20
EFI/EFMF TRUSTEES
Page: 6
08/05/2009
. Account No: 4131-002E
CLAIM INVESTIGATION
DA]
DA]
03/12/2009 GDA
GDA
GDA
records from
and .............
Prepare, review and revise 2004 motions for production
of documents to Department of Real Estate and
Department of Corporations
Office re: scanning additional documents
from
03/13/2009 GDA Office conference re: declaration in support of
opposition to Spondulix' s motion for relief from
automatic stay (.2)
Review and revise declaration and organize exhibits in
support of opposition to Spondulix' s motion for relief
0.50
0. 50
0. 20
1.60
0. 20
from automatic stay (1.3) 1. 50
GDA Review correspondence from (. 1)
Office conferences re: and missing
enclosure (. 1)
Follow-up with re: correspondence and
missing enclosure (. 1)
Telephone conference wi (. 1) 0.40
GDA Develop strategy re: st from
GDA eve op strategy re. motions for production of
documents to Department of Real Estate and Department
of Corporations (.2)
Review and revise 2004 motions for production of
documents to Department of Real Estate and Department
of Corporations (1. 1)
Prepare proofs of service on 2004 motions for
production of documents to Department of Real Estate
and Corporations (.6)
Telephone conference with court re: 2004 motions (.2)
Prepare, review and revise correspondence to court re:
0. 30
filing 2004 motions (.4) 2. 50
DA] Prepare, review and revise 2004 motion for Department
of Corporations 0.90
DA] Prepare, review and revise 2004 motion for Department
of Real Estate 0.90
DA] Review correspondence from insurance carrier and
prepare email correspondence with counsel re: same 0. 30
DAJ Review correspondence re: request for documents from
DA]
DA]
prepare correspondence re: follow
with Mr. Armstrong re:
0. 50
0. 70
EFI/EFMF TRUSTEES
Page: 7
08/05/2009
CLAIM INVESTIGATION
and additional
information needed
DAJ Review documents re:
prepareanalysis re: same
03/16/2009 GDA
GDA
GDA
DA]
DA]
03/17/2009 DAJ
DA]
DA]
Review and organize additional documents fromtllllllll
- .
Follow up with t production;
telephone conference with
Review and index boxe
Review documents
03/18/2009 GDA Office conference re: documents from
(. 1)
Review and for Mr. Noble (1.4)
Email correspondence with Mr. Noble re: -documents
(. 1)
Make arrangements to send flash drive withllllll
0.30
1. 40
0. 80
0.20
1. 40
1. 30
1. 00
1. 80
1. 90
1. 60
documents to Mr. Noble via Federal 1. 70
DA] Telephone conference with re: request
DA]
GDA
03/19/2009 GDA
GDA
GDA
03/23/2009 GDA
GDA
for documents 0. 30
e detailed analysis of4llll
Office conference re: documents produced bytlllllllf
-
Review and organize documents from
Review and index documents from
Follow up with re: o a1ning copies of
records; telephone 1)
Telephone conference
Develop strategy re: claims investigation, document
st ining documents from-
--and
Follow up re: additional documents from
.. (.1)
Meeting wtih- to receive additional documents
(. 2)
Review documents from (.2)
Email correspondence with Mr. Noble re: documents from
1. 70
0.20
0. 20
0.40
0. 30
0. 80
EFI/EFMF TRUSTEES
Page: 8
08/05/2009
CLAIM INVESTIGATION
DAJ
DAJ
DAJ
DAJ
DAJ
erence with re: production of
discovery and exhi its
Review documents and email correspondence re: request
for documents from a 1 l '
Review documents and develop strate
of documents from
Review documents
03/24/2009 GDA Review and organize documents from
(. 2)
~ c e with Mr. Noble re: documents from
0. 70
0. 30
0. 70
0. 50
0. 70
0.80
.........-(.1)
Make arrangements to send documents to Mr. Noble (.2) 0. 50
GDA Telephone conference with-re:-
documents 0. 30
DAJ Review email correspondence from
....... re: document production 0. 30
DAJ Review documents and detailed memorandum for
clients 1. 80
DAJ Review ysis of ......
REF
03/25/2009 GDA
DAJ
DAJ
DAJ
03/26/2009 GDA
DAJ
DAJ
erence with client and title company re:
issues upon foreclosure
Review and revise index of documents
-
Review documents re: and
prepare chronology re: same
Prepare detailed to clients
Office conference re: message from Department of Real
Estate attorney re: document production (. 1)
Follow up re: message from Department of Real Estate
attorney re: document production (. 1)
Telephone conference with client re: production of
documents bylllllllllll
Prepare d e t a i ~ report to clients re: .........
DAJ Review documents and prepare analysis of ...........
DAJ
03/27/2009 GDA Dra
GDA
are chronology of 411111111
documents by-
re: obtaining
0. 90
1. 00
0. 40
0. 80
1. 50
1. 10
0. 20
0. 30
1. 80
0. 60
0. 60
1. 50
EFI/EFMF TRUSTEES
Page: 9
08/05/2009
CLAIM INVESTIGATION
copies of his files 0. 20
GDA Telephone conference with Mr. VanDriel re: production
of documents by the Department of Real Estate (.2)
Prepare declaration re: lack of opposition to motion
for production of documents by Department of Real
Estate (. 3)
Prepare declaration re: lack of opposition to motion
for production of documents by Department of
Corporations (. 3) 0. 80
RBF Review draft detailed anal facts and potential
claims against 0. 50
DA] Prepare detaile for
report to client 1. 30
DA] Review, revise and finalize detailed
to clients and attachments re :. liiiiillllflll
DA] of events re:
03/30/2009 GDA Telephone conference with Ms. Clarke/Department of Real
Estate re: document production (. 1)
Prepare proposed order re: motion for production of
documents by Department of Real Estate (. 1)
Prepare proposed order re: motion for production of
documents by Department of Corporations (. 1)
Prepare correspondence to court re: filing declaration
re: lack of opposition to motion for production of
documents by Department of Real Estate and proposed
order (. 3)
Prepare correspondence to court re: filing declaration
re: lack of opposition to motion for production of
documents by Department of Corporations and proposed
order (. 3)
Prepare declarations and proposed orders for
filing/lodging with court and make arrangements re:
1. 70
0. 70
filing (. 7) 1. 60
03/31/2009 GDA strategy re: obtaining additional documents
obtaining documents
Department of Real
tions, 2004 motion for
cords, organization

fice conference re: zation of ele
documents from and 0.90
GDA Telephone conference with
........are: their claim in 0. 10
DA] Review documents and develop strategy re: 2004
sub enas, collection and review of documents from
0. 60
EFI/EFMF TRUSTEES
Page: 10
08/05/2009
CLAIM INVESTIGATION
04/01/2009 GDA Review and index documents from- 0. 30
GDA Develop strategy re: eview and indexing electronic
documents from
Review and index (1.8) 2.20
DA] Review documents strategy re: organizing
EFI email 0. 50
04/02/2009 GDA
GDA
GDA
GDA
04/03/2009 GDA
GDA
GDA
.liiiiiilltrategy re: additional documents from4111111111
Prepare proof of service of order re: motion for
production of documents by the Department of
Corporations (.2)
Prepare orders re: motions for production of documents
by Department of Real Estate and Department of
Corporations for service (. 1)
Prepare proofs of service of orders re: motions for
production of documents by Department of Real Estate
and Department of Corporations for filing (.2)
Correspondence to court re: proofs of service on
Department of Real Estate and Department of
Corporations (.2)
Correspondence to Department of Real Estate with copy
of order (. 2)
Make arrangements re: service of orders and filing of
proofs of service (.4)
Develop strategy re: orders, service of orders,
arrangements for copying (.2)
Review local bankruptcy rules and federal rules of
civil procedure re: subpoenas (.2)
Review and revise subpoenas to Department of Real
Estate and Department of Corporations and make
arrangements re: service; (.9)
Develop strate : motion for production of documents
from for -records (. 1)
ephone conferences with
(. 2)
0.20
0. 30
0. 30
0. 10
0. 10
2. 60
0. 30
EFI/EFMF TRUSTEES
Page: 11
08/05/2009
CLAIM INVESTIGATION
DAJ
DAJ
DAJ
04/07/2009 GDA
GDA
DA]
04/08/2009 GDA
GDA
DAJ
DAJ
Review do view and rev1se 2004
motion to
Review and prepare email correspondence withtllllll
41111111 re: production of documents
Prepare email correspondence with client re: issues on
Follow up with re:
additional documents (.2)
Make arrangements to pick up documents from
-(.1)
Email correspondence with Mr. Noble re: status of
obtaining additional documents (. 1)
iew and revise motion for production of documents by
(. 5)
Prepare pro of motion for production of
documents by (.2)
Prepare correspondence to bankruptcy court
motion for production of documents by
(. 2)
Review exhibits t motion for production of documents
by (. 3)
Finalize motion for production of documents by-
--- and prepare for filing (. 4)
~ u m e n t s and prepare updated outline of issues
Review documents and develop strategy re: claims
investigation 1ssues and documents
Develop str
-to
Tel
DAJ -
DAJ strategy re: ---
DAJ erence Committee issues and strategies for
response
DAJ Prepare email correspondence with Trustees re:
04/09/2009 DAJ
DAJ
04/10/2009 GDA
GDA
Committee issues and strategy
and analyze additional documents from-
and
1. 80
0.30
0. 30
0.40
1. 60
0. 50
1. 30
0. 50
1. 40
1. 90
1. 30
1. 20
1. 30
0.80
1. 20
1. 10
1. 20
EFI/EFMF TRUSTEES
Page: 12
08/05/2009
CLAIM INVESTIGATION
boxes of documents from
0. 30
GDA re:
documents 0. 10
RBF Telephone conference wi re:
claims issues concerning 0. 50
GDA Prepare status memorandum re: claim investigation items 0. 20
DAJ documents and legal research re:........a
DAJ earch re:tlllllllll
DAJ Prepare for and atten call with Trustees
strategy
04/11/2009 GDA
GDA
GDA
04/13/2009 GDA
GDA
04/14/2009 GDA
GDA
GDA
and counsel re: claims Issues
~ analyze additional documents from
........... for Mr. Noble (1.2)
il corres ce with Mr. Noble re: documents from
(0. 2)
Review correspondence from re: documents
being produced
Review 2004 motion for production of documents by 411111
~ r e : last day to file motion for protective order
Review correspondence from Department of Real Estate
(. 1)
Telephone conference with Unlimited Attorney Services
re: scanning documents at Department of Real Estate
(. 2)
Email correspondence with Unlimited Attorney Services
re: scanning documents at Department of Real Estate
(. 5)
Telephone conference with Ms. Smith/Department of
Corporations re: document production
Telephone conference withlre:-documents
to be produced (. 3)
Review and revise index of documents from
-(.3)
~ r e , review and revise email correspondence to4lll
-re: -documents (. 9)
Develop strategy re: uments to be produced (.2)
Telephone conferences WI
document production (.2)
(. 1)
document production
Follow up with Department of Corp-orations re: document
production (. 1)
Review Civil Code section requiring notice to
complainants before Department of Corporations can
release documents (. 1)
Develop strategy re: document production by Department
1. 30
1. 20
1. 30
1. 40
0. 10
0. 10
0.80
0. 20
1. 70
0. 30
EFI/EFMF TRUSTEES
Page: 13
08/05/2009
CLAIM INVESTIGATION
of Corporations (. 1)
Telephone conference with Ms. Smith/Department of
Corporations re: document production (. 1)
Email correspondence with Unlimited Attorney Services
re: arrangements to scan documents at Department of
Corporations (.3) 0. 70
04/15/2009 DA] Review correspondence fromllllllllllllrre: production
of files
DAJ Review correspondence re:
DA] Review documents and prepare
04/16/2009 GDA
GDA
DAJ
DAJ
04/17/2009 DA]
04/20/2009 GDA
GDA
GDA
GDA
DA]
DA]
DA]
DA]
~ conference with , re: delivery of
additional.....adocuments
Draft memorandum to client re: investigation status and
recommendations
Review correspondence from and
prepare response
Office conference- re: document production,
assignments of trust deeds
re: additional documents produced by
ow up w1
documents (. 1)
Develop strate
mail from
Review
(. 1
printing an organ1
Follow up with
production
r e ~ f i l e s missing from
view and printing of electronic
(. 3)
email and make arrangements re:
(. 9)
cuments
e: document
Review documents and develop strategy re: status of
document production, claims investigation, items to be
completed
04/21/2009 GDA Follow up with-re: missing- files (. 1)
Make arrangements to pick up files from.. (. 1)
Emai 1 correspondence with - re: document
0. 30
0. 30
0.50
0. 20
0. 10
0.80
0.90
0. 50
0. 30
1. 20
0.50
0. 10
0.80
1. 30
1. 80
1. 20
EFI/EFMF TRUSTEES
Page: 14
08/05/2009
CLAIM INVESTIGATION
JWM
GDA
GDA
DA]
DAJ
pick-up (. 1)
Legal research
claims again
review and proce.ssing of email
from.....-r
Review and index email from ............
Review and revise correspondence re: demand for
of assignments
and legal research re:
DA] with Mr. Geher re:
04/22/2009 GDA
JWM
GDA
GDA
DA]
DAJ
DA]
DA]
RBF
RBF
04/23/2009 GDA
GDA
GDA
GDA
of email
from .............. and ............
Resear truste ' to bring claims
against (1. 7)
Research laims

Research
ephone conference with Unlimited Attorney Services
re: document production at Department of Real Estate
and Department of Corporations (.2)
Obtain information re: shipping 14 boxes of documents
via Federal Express ground (.3)
Telephone conference with e:
document production
------ - - . ---- ___ ..... - ---
-----
---- ' - -. . -
Review and prepare email correspondence with counsel
for-re: 2004 motion
Attend meeting with clients and their bankruptcy
counsel re: claims status and issues
Attend fee application hearing
Telephone conference with
2004 motion for
order
and-re:
possible protective
Develop strategy re: review and organization of
documents from
re: review and organization of emails
(.5)
Review and index emails from411111111111 (.6)
Develop strategy re: review and organization of
documents being produced by Department of Real Estate
0. 30
0. 60
0. 50
0. 20
1. 50
0. 60
0. 30
0.20
6. 30
0. 50
0. 10
0.70
0. 70
0. 70
0. 70
1. 00
3.00
0. 50
0. 20
1. 10
EFI/EFMF TRUSTEES
Page: 15
08/05/2009
CLAIM INVESTIGATION

GDA
GDA
DAJ
DAJ
DAJ
DAJ
04/24/2009
and Department of Corporations
Le research and ana of
1ndex email from
Review and index documents from
Telephone conference with counsel
proposed production and protective or
Review documents and prepare detailed report to
Trustees on claim investigation status and issues
Review documents and develop strategy re: issues on
production of documents from Department of Corporations
and Department of Real Estate
Review documents produced by re: .......
....
claims against
DAJ s re: proposed protective order and
index of documents to be produced by
DAJ Prepare email corre th cl1en
protective order on
DAJ Review and prepare email correspondence with counsel
re: stipulation to extend production deadline pending
negotiation of protective order on
DAJ Telephone conference with client re. status of
investigation, document production and claim analysis
DAJ produced re: ........
DAJ Review documents duced by re:
DAJ
DAJ
re:
.....
view documents

Review documents and finalize correspondence to
re:
04/27/2009 GDA Meeting with 2004 subpoena for
Department of Corporations records (.2)
Develop strategy re: notice investors received from
0. 30
3.40
0. 20
0.20
0. 80
1. 50
0. 50
1. 80
2.80
3.40
1.20
0. 50
0. 70
0. 70
1. 70
1.20
1.40
0.40
Department of Corporations re: 2004 subpoena (. 1) 0. 30
GDA Telephone conferences with Unlimited Attorney Services
re: jobs at Department of Real Estate and Department of
Corporations (. 2)
Develop strategy re: status of obtaining documents from
Corporations (. 1) 0. 30
GDA Develop strategy re: claim investigation, review of
electronic mail and documents 0. 70
EFI/EFMF TRUSTEES
Page: 16
08/05/2009
CLAIM INVESTIGATION
GDA
GDA
JWM
DAJ
DAJ
DAJ
DAJ
DAJ
DAJ
GDA
DAJ
Se epartment of Rea
records re:
....-(.2)
Review email correspondence from
stiputed protective order and

against ............... (1.8)
Research and ana tential
eview cuments produced by
Review documents and prepare detailed status report to
Trustees re: claims issues and investigation
Review and index additional documents from ..........
epare email correspondence with counsel
re: production and protective order
04/28/2009 GDA and

GDA Review and
GDA tronic documents from-
(. 4)
Email correspondence with Mr. Noble re:
0. 30
0.40
5.20
1. 50
1. 80
1. 70
0. 70
0. 80
1. 90
1. 40
0. 40
0. 30
1. 80
documents (. 1) 0. 50
GDA Develop strategy re: review and organization of Estate
Financial email 0. 20
MMH Review and analyze documents:; from review
and index Estate.Financial email 3. 60
GDA Review proposed stipulated protective order re:tlll
lllllllldocuments (.2)
strategy re: response to
correspondence re: stipulated protective
Review local bankruptcy rules and Federal Rules of
Civil Procedure re: 2004 2)
Telephone conference with ........... re: stipulated
protective order (.2) 0. 90
DAJ Review documents and prepare detailed status report to
EFI/EFMF TRUSTEES
Page: 17
08/05/2009
CLAIM INVESTIGATION
DAJ
DAJ
DAJ
DAJ
DAJ
JWM
Trustees on claims investigation
Review documents produced by .
-
Review email correspondence re: production of documents
by and proposed protective order; develop
stra egy
Research
04/29/2009 GDA Review documents produced
strategy organization
JWM Review
GDA
Receive additional documents
strategy re: same (.2)
develop
GDA Review documents
MMH
GDA
DAJ
DAJ
DAJ
DAJ
04/30/2009 GDA
GDA
MMH
GDA
stipulated
and prepare
and
status
Review summaries re:
~ -----
.. (.4)
Review loan documents re:
D e v e ~ y re: draf
from --- (. 5)
Telephone conferences with
protective order (. 3)
Email correspondence with
protective order (.4)
order
re: stipulated
re: stipulated
Review and index Estate Financial email
Develop strategy re: review and organization of Estate
1. 80
1. 10
0. 80
0. 80
0. 70
0. 70
8. 40
0. 30
1. 90
0. 50
0. 80
1. 20
0.40
1. 80
1. 80
1. 30
1. 30
0. 70
1. 20
4. 00
EFI/EFMF TRUSTEES
Page: 18
08/05/2009
CLAIM INVESTIGATION
DAJ
DAJ
DAJ
DAJ
DAJ
05/01/2009 GDA
GDA
GDA
Financial email (. 3)
Review indexes of Estate Financial email (2. 2)
Review_documents status
report on claims
1nvest1gat1on re:
Review documents an prepare status report on claims
investigation re: !P!!!!!I!!'
Review documents an prepare status report on claims
investigation re:
Review documents report on c a1ms
investigation re: various projects
Review documents and email correspondence re: revised
sti lation for protective order on production by
and revised stipulated
and transmit signature
Review email corresp
protective order from
page to--..
Review re: status of claims
investigation
Office conferences re: review and organization of EFI
email (. 6)
Review indexes of-email re: relevant email
to print and
DAJ . Review email correspondence and documents re:
DAJ
DAJ
DAJ
DAJ
DAJ
RBF
MMH
05/04/2009 GDA
MMH
GDA
DAJ
sti lated ective order for production of documents
by
:-
investigation
-
documents re: potential claims against
and prepare report to client re: same
ocuments re: potential againstJIIIIIIP
and prepare report to client re: same
e , revise and finalize detailed status report to
client re: claims investigation
Review and revise draft memorandum
Analyze, organize and (1.6GB
file)
Review email correspondence from- re: Jllllllf
document production and respond
Review and revise index of documents produced by
-(1.1)
index email (1.6GB
file)
Review email correspondence from Unlimited Attorney
Services re: documents produced by Department of Real
Estate and Department of Corporations and respond to
re:
2. 50
1. 80
1. 70
1. 80
1. 50
0. 60
0. 50
2.40
1. 90
0. 80
0. 50
0. 30
1. 80
1. 80
2. 20
0. 70
2. 50
1. 30
3. 20
0. 20
0. 20
EFI/EFMF TRUSTEES
Page: 19
08/05/2009
CLAIM INVESTIGATION
05/05/2009 GDA Review email correspondence and invoices from Unlimited
Attorney Services re: documents produced by Department
of Real Estate and Department of Corporations and
respond to same 0. 50
GDA Office conferences re: review and organization of
Estate Financial email 0.40
MMH Analyze, organize and index-email (1. 6 GB
file) 5.80
DA] Conference wi
DA]
DA]
DAJ
05/06/2009 GDA
MMH
DA]
DA]
DA]
to
ts
ts
ts
and prepare analysis of
GDA correspondence from Unlimited Attorney
Services re: Department of Real Estate and Department
of Corporations custodian of record declarations and
st
1. 30
1. 20
1. 20
1. 30
1. 00
3.80
1. 10
1. 10
1. 10
respond to same 0.20
05/07/2009 GDA
Ana
file)
email (1. 6 GB
GDA Office confer and subpoenas to...,
GDA Review email correspon e from Unlimited Attorney
Services re: documents produced by Department of Real
Estate and Department of Corporations and respond to
0. 30
5.80
0. 10
EFI/EFMF TRUSTEES
Page: 20
08/05/2009
CLAIM INVESTIGATION
prepare analysis for
and
05/08/2009 GDA
GDA
GDA
MMH
DAJ
DAJ
DAJ
e c e
conference
email
An y , organize
file)
Review
2004 subpoenas to
re: reVIew and organization of-
and index email (1. 6 GB
re:
05/11/2009 MMH Analyze, organize
file)
email (1. 6 GB
05/12/2009 GDA
GDA
MMH
GDA
05/13/2009 GDA
GDA
MMH
05/14/2009 GDA
GDA
GDA
Review email correspondence from re: order
on stipulation and re. response (.2)
Telephone conference with re: order on
stipulation and document pro uc Ion (.2)
Office conference re: correspondence and message from
1111111111111: document on;
with
Review email correspondenc
Analyze, organize and index (1.6GB
file)
Office conference re: status of various claims
investigation matters
ce c?nference re: review and organization ofJIIIIIP

email (. 1) ;
Review and organize 11111111111 email box indexes (.3)
Review and organize by Department of
Real Estate and Department orations
Analyze, organize and index email (1. 6 GB
file)
Office conference re: message
responding to same
.. re: additional
conference re:
0. 80
1. 20
2. 70
0. 10
5.50
0. 80
0. 80
1. 20
4. 00
0. 40
0. 30
5. 20
0.60
0.40
0.40
3. 60
0.20
0.20
0.20
EFI/EFMF TRUSTEES
Page: 21
08/05/2009
CLAIM INVESTIGATION
05/15/2009 GDA
GDA
Make up additional documents
from ,..............
Email corresporiaence Wlth re: picking up
documents
Review and organize boxes of documents produced by the
Department of Real Estate
re:
Prepare stipulations re: rescission of assignments of
trust deeds, exhibits and proofs of service for filing
with court (. 6)
Review mailing matrixes on court's website (.4)
Office conference re: service and filing of
stipulations re: rescission of trust deeds and review
email correspondence with Mr. Maizel and Mr. Geher re:
0. 20
1. 50
(. 3) 1. 40
GDA re: additional documents produced by
(. 1)
additional documents produced by
(. 7)
corre e with re: documents
produced by itional documents
to be produc 1. 00
GDA Review and organize documents produced by the
Department of Real Estate 0. 70
GDA Review email correspondence from Mr. re: Jllllr
ce
DA]
05/19/2009 GDA Telephone conference with re:
document production
GDA Meeting with estate financial investor re: questions
about letter from Department of Corporations
GDA Revi email nee from Mr. Armstrong re: JIIIIP
05/20/2009 GDA Telephone
documents from
GDA Legal research re.
MMH Analyze, organize
file)
and respond to same; review
re: additional
05/21/2009 GDA Review correspondence from re: document
production
DA] Review correspondence and develop strategy re:
0. 60
0. 50
0.30
0. 20
0.20
0. 50
0. 10
0.40
0. 70
0. 20
EFI/EFMF TRUSTEES
Page: 22
08/05/2009
CLAIM INVESTIGATION
MMH Analyze, organize and email (1. 6 GB
file)
05/22/2009 GDA
GDA
MMH yze, organize (1. 6 GB
file)
GDA Legal research re: subpoenas, witness fees
DAJ Review documents and develop strategy re:
05/26/2009 GDA Review and organize lations re:
GDA
GDA
MMH
DAJ
DAJ
DAJ
DAJ
in preparation for filing with court
evelop strategy re: review and organization oftiiiiJ
...... email
re: .... ll
review and organization
rder and subpoena for production
by
Ana yze, organize and index - email (1. 6 GB
file)
Tel
Review documents and develop strategy re: production of
documents by11111111111
Review order and develop
strategy re: production of documents by
05/27/2009 GDA Review application and order authoriz stipulation to
uments; enter into protective order re:
prepare, review and revise subpoena
........... email correspondence with
ts to
re:
order, service of subpoena
MMH Analyze, organize and index email (1. 6 GB
05/28/2009 GDA
GDA
file)
week
ce with-re: memorandum
document
espon e and telephone
re:
ts to pick next
GDA Email correspondence with re: serv1ce of
0. 20
2. 80
0. 30
0.40
4. 50
1. 20
0.40
0.60
0.50
0. 50
6.20
0.30
0.50
0.20
0.20
0.90
3.00
0.20
0.40
EFI/EFMF TRUSTEES
CLAIM INVESTIGATION
05/29/2009 GDA
GDA
DAJ
DAJ
DAJ
DAJ
subpoena on1111111111
service of
of
th
re:
Telephone conference with-re:
subpoena on him;
service; prepare-correspondence to
subpoena; em-il corr spondence wi
subpoena to
Review correspon ence re: 111111111111111
llllllllllllland develop
re: interim claims investigation
report to Committees
Review and prepare email correspondence with client
interim claim investigation report to Committees
DA] Review documents re:
Page: 23
08/05/2009
re:
0.20
0. 60
0. 20
0. 70
0. 50
0. 60
0. 20
0. 30
06/01/2009 GDA Review and organize additional documents
d prepare for transmission to Mr. Noble 1. 50
MMH yze and index email -
1. 50
06/02/2009 GDA Review and organize to be
sent to Mr. Noble; email correspondence with Mr. Noble 0. 30
GDA Develop strategy re: various claim investigation
matters; review documents and correspondence and revise
status of working matters 1. 40
DA] Review documents and develop strategy re: ......
DA] Telephone conference wi
and strategy on claims against
06/03/2009 GDA Review and organ1ze documents produced by the
Corporations (17 boxes)
06/04/2009 GDA Review correspondence re: document
custodian of records declaration for
GDA
GDA
prepare, review and revise corresp
re: document production
Emai 1 correspondence with___.- at
Jlllrre: additional documents
06/05/2009 GDA Review additional documents produced by
-(0. 5)
and revise index of documents produced by
0. 20
1. 30
0. 20
0. 80
1. 00
0. 10
EFI/EFMF TRUSTEES
Page: 24
08/05/2009
CLAIM INVESTIGATION
(0. 6)
email correspondence to-re: documents
to be produced (0. 5) 1. 60
06/10/2009 RBF
REF
06/15/2009 GDA
DAJ
06/16/2009 GDA
GDA
DA]
DAJ
DA]
06/17/2009 GDA
GDA
GDA
DAJ
DAJ
Telephone conference with client bankruptcy counsel re:
orders re:
- ---- - -
email to
bankruptcy court re:
Review doc to
clients re:
Make arr
orders
obtain re. rec
seven counties (. 5)
Develop strategy re: documents.produced byJIIIIIIIPin
response to 2004 subpoena; review and organize
documents produced by---
Review documents
and recommendations to client re:
re:
re: review of documents produced by
documents missing from production
Develop strategy re: documents received
lllllllllland documents still wait for; review
and revise
cuments received
with bankruptcy
0. 10
0. 10
0. 20
0. 70
0. 30
0. 90
1. 10
1. 60
1. 30
0. 70
0. 20
2.00
1. 40
1. 50
1. 30
EFI/EFMF, TRUSTEES
CLAIM INVESTIGATION
DAJ recommendations to client re:
Page: 25
08/05/2009
1. 50
1. 20
06/18/2009 GDA
GDA re:
0. 10
0. 20
DAJ
DAJ re: ...
DAJ by --re: -
DAJ epare, review revise detailed ~ n ~ n ~ - T
recommendations to client on
DAJ Review documents re: tlllllll.
06/19/2009 GDA Review
make arrangements to obtain
1. 80
1. 20
1. 70
2. 50
0. 70
copy of complaint 0. 20
RBF draft memorandum re: 0.40
GDA certified ies of orders
(0. 3)
s re. a ssor' s parcel numbers (0.9)
Prepare recording cover pages to record certified
orders in seven counties and make arrangements re:
recording (1. 3) 2. 50
DAJ Review, revise and finalize detailed report and
recommendations to client re: 2. 20
06/22/2009 GDA Review analysis and recommendations
email correspondence re: same 0. 30
GDA Prepare correspondence to Fresno, Kings,
Diego, Los Angeles and Santa Clara
recording order re:
... (1. 5)
~ e recording cover pages to record certified
orders in seven counties and make arrangements re:
recording (1. 2)
Review dockets and obtain
orders (0.2)
Email correspondence with Mr. Sorenson re: EFI order
recorded in San Luis Obispo Count 3.40
GDA Review email correspondence from
additional documents and respond to 0. 20
DAJ Prepare analysis of declarations re:
EFI/EFMF TRUSTEES
Page: 26
08/05/2009
CLAIM INVESTIGATION
DAJ
06/23/2009 GDA Develop strategy re: email and document organization,
1. 20
1. 50
claims report re: 0. 40
GDA Tel e conference w1
develop strategy
GDA Deve op
document production (0. 3)
Telephone conference re: missing
documents (0.2)
Review documents (0. 5)
Correspondence to of copying and
shipping charges
GDA Review and organize additional documents from-
GDA Telephone conference with Fresno
DA]
DAJ
06/24/2009 GDA
GDA
GDA
order re:11111111111
gyre:
re:-
Review documennts; prepare, review and revise email
correspondence to-re: documents missing from
1llllllllllllllocument production
~ e and index 17 boxes of documents
produced by the Department of Real Estate and
Department of Corporations
analyze and index
06/25/2009 GDA Develop strategy re: email; review,
0. 30
1. 20
0. 20
0. 20
0. 30
0. 30
0. 50
2. 10
4. 50
analyze and index (2. 9 gb) 0. 80
GDA Review, organize ex produced by the
Department of Corporations and Department of Real
Estate (17 boxes) 1. 30
GDA Review email correspondence from Mr. Noble re: lllllllllt
GDA
DA]
-documents re ond to same 0. 2)
~ d or ize
06/26/2009 GDA Review and rev1se index of documents produced by
MMH Review, analyze and index-email --
re:
0. 90
0. 40
0.40
0. 30
EFI/EFMF TRUSTEES
CLAIM INVESTIGATION
DA] Review documents re: Department of
DA]
DA]
06/29/2009 GDA
Department of Real Estat
re:
ema1
GDA Revi
from
JWM Review
related
list of potential claims
MMH
RBF
RBF
DA]
06/30/2009 MMH
Review materials and prepare is
involve potential claims against
~ email to attorney
materials and
claims against
Review doc
to client re:
re: review
Page: 27
08/05/2009
3. 40
1. 10
1. 20
1. 20
0. 20
0. 70
1. 40
4.90
0.30
0. 10
1. 70
5.80
GDA ew, 0. 20
GDA Review corre
order re:
(EFI) (0. 1
Telephone conference with Kings County Recorder re:
same (0.2)
Prepare correspondence to Kings County Recorder re:
same (0.2)
Prepare order re: rescission for recording in Kings
County (0. 2)
Email correspondence with Mr. Sorenson re: rescission
order recorded in San Diego County (0. 1) 0. 80
GDA Review and organize additional documents fromJIIIIIIIIt
(3 boxes) 0. 50
07/01/2009 GDA
GDA
MMH
0. 30
3. 90
EFI/EFMF TRUSTEES
CLAIM INVESTIGATION
DAJ
Page: 28
08/05/2009
5. 80
0. 50
DAJ Legal research re: potential claims against 1111111111
1. 70
DAJ
re:
07/02/2009 GDA and prepare summary re:
iew documents and prepare summary re
07/03/2009 DAJ Legal research
- - d
DAJ Prepare outline of
07/06/2009 GDA
GDA Review correspondence from re: additional
1. 30
1. 90
4. 70
0. 10
1. 30
1. 30
0. 50
1. 30
1. 30
1. 80
0.60
1. 60
documents to be produced by 0.20
GDA Develop strategy re: review and indexing oflllll'
EFI/EFMF TRUSTEES
Page: 29
08/05/2009
CLAIM INVESTIGATION
RBF
DAJ
DA]
DAJ
emai 1 (. 2)
Review analyze and index
(1. 4)
p onference with equity committee counsel re:
status of claims
develop s
Review and prepare email counsel
re: production of docum
re: obtai
. 1)
produced by the Department of
Corporations and Department of Real Estate (1. 3)
Make arrangements to obtain copies of
(.2
MMH Telephone conference with Judi Laird at CL@S re:
DA]
DAJ
DAJ
DAJ
07/08/2009 GDA
MMH
DAJ
DA]
DA]
DA]
office confer
documents re:
IIi
re: same
Review documents produced by Department of Corporations
(4 boxes)
Review documents produced by Department of Real Estate
(12 boxes)
Review correspondence re: response to
claims submitted by Trustees
Review,
produced
t
telephone erence
(4 boxes)
documents
by Department of Corporations
Review documents re: 11 .. 111111111111
prepare
analysis
07/09/2009 GDA Review, organize and index five boxes of documents
produced by the Department of Corporations
GDA Email correspondence with,.lllliilllllllllllllllt
Wlllfre: additional documents
DAJ Review documents re: -- --
-
1. 60
0.40
0. 40
0. 30
0. 70
1. 60
0. 60
0.80
2.20
3.90
0. 20
2.00
0. 60
1. 30
0. 80
0.80
0. 60
1. 50
0. 20
EFI/EFMF TRUSTEES
Page: 30
08/05/2009
CLAIM INVESTIGATION
chronology and analysis of same 1. 50
1 1 ~ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a n d prepare chronology and-analysis
of same 1. 80
07/10/2009 GDA Develop strategy re: review, organization and indexing
of documents produced of Real Estate 0. 30
MMH Review correspondence
c erence with
documents
telephone
re: missing
MMH Review, organize, and index 12 boxes of documents
produced by Department of Real Estate
DA] Legal research re:
-
DA] Prepare
DA]
DA] re:--
0.40
0. 60
1. 20
1. 80
0.60
0. 50
DA] Review documents in new production from 0. 20
07/13/2009 GDA Develop strategy re: review, organization and indexing
of documents produced by Department of Real Estate 0. 20
GDA Review ori 1 recorded orders re:
GDA Review,
produced by
MMH Review, organize and i
GDA Review and or three boxes of
07/14/2009 GDA Develop strategy re: organization and indexing of
boxes of documents produced by Department of Real
Estate
GDA Develop strategy
GDA 1ew index of
re: documents needed and develop strategy re: same
MMH Review, organize and index 12 boxes of documents
GDA Review and revise list of
GDA
DA]
to client re: same
12
0. 30
0. 50
2.50
0.90
0. 30
0.20
1. 50
5. 20
0.30
0. 80
1. 20
EFI/EFMF TRUSTEES
CLAIM INVESTIGATION
DAJ
DAJ
DAJ
Page: 31
08/05/2009
1. 90
1. 80
1. 40
07/15/2009 MMH -
~
w1 a torney re: same; rev1ew, organize and index 12
boxes of documents produced by Department of Real
Estate 3.40
GDA
boxes
(. 2)
Noble re: ....... ocuments (. 3)
GDA Review documents and devel s tegy re:.........,
DAJ ew
DAJ
07/16/2009 GDA
sc ng
d revise email correspondence to
re: documents received
ema correspondence from
(. 6)
additional boxes of documents
d make arrangements re:
MMH Review, organize and index 12 boxes of documents
GDA Develop strategy re:
DAJ
DAJ
DAJ
07/17/2009 GDA ondence with re:
--
GDA Deve op strategy re:
for claims report on
Pr review and rev1se
(1. 5)
GDA Review and organize two boxes of additionallllllt
2. 00
0.20
0. 60
0. 60
1. 00
0. 80
0. 20
1. 80
1. 70
1. 50
1. 60
0. 40
2. 30
EFI/EFMF TRUSTEES
CLAIM INVESTIGATION
DAJ
DAJ
DAJ
to Mr. Noble (1.5)
index of documents from
07/20/2009 GDA Develop
(. 1)
Review and index documents
and obtain copies of
-documents (. 3)
Review documents produced by re:
documents (. 5)
Page: 32
08/05/2009
2. 00
1. 30
1. 20
1. 70
Review documents 2. 00
GDA Revise index ts sent to Mr.
Noble (. 3)
Review additional ... records received from ,
---(. 1) 0. 40
GDA Develop strategy re:
additional information or report
-(.2)
~ r e n e e with
~ - - -
Review information re:
Revise spreadsheet re:
(.8) ---
Review and revise information re:
(. 6)
DA] Review documents re: ~ ~ ~
DAJ
DA] Pr
DA]
07/21/2009 GDA
Legal research re:
(. 5)
Review and revise
._(.3)
2. 10
1. 70
1. 80
1. 70
2.60
0.30
6. 30
EFI/EFMF TRUSTEES
Page: 33
08/05/2009
CLAIM INVESTIGATION
dence with Mr. Armstrong re:
DAJ
07/22/2009 GDA
re:
Lega rese re.
DAJ Review documents re.
for analysis relating
-
DAJ Prepare detailed
potential claims
DAJ Review documents
claims report and exhibits
relating to
07/23/2009 GDA re: claims report and recommendations
GDA
MMH
DAJ
DAJ
DAJ
re:
DAJ Review notes
iew documents re:
1 with
and communications received from
..... re:
0.20
2. 50
1. 50
1. 50
1. 30
1. 60
6. 50
1. 30
2. 30
1. 10
1. 50
0. 20
0. 20
0. 50
0. 80
0. 80
1. 20
1. 30
EFI/EFMF TRUSTEES
CLAIM INVESTIGATION
DAJ Review and revise detailed report and recommendations
to client re:
-------
Page: 34
08/05/2009
1. 10
07/24/2009 GDA Review and revise claims report and exhibits re:lllll'
.-.(.8)
RBF
RBF
Develop strategy re: claims report and recommendations
(. 2)
Tel e conference with special counsel for ...
re: claims against and
s ra eg1es 1n that regard
Review and revise draft memorandum re::
1. 00
0. 90
1. 20
RBF Conference call with clients, client bankruptcy counsel
re: pending matters and issues 0. 80
GDA Email correspondence
additional documents (. 1)
Make arrangements to pick up
(. 1) 0. 10
DAJ Review documents from
DA]
DA] Review, rev se an
recommendations re:
prepare exhibits for
07/27/2009 GDA Review index of records from .......... and
prepare list of outstanding do
Email correspondence with Ms.
] re: outstanding document
llliiiil.(
GDA Fall
from
re:
documents
Prepare, rev1ew and revise correspondence to
1. 30
1. 40
2.40
1. 10
0. 70
re: outstanding documents (. 3) 0. 40
DAJ Review documents produced by
and prepare analysis re: same 0. 80
DA] Review documents produced by
DAJ Review .documents and prepare detailed interim status
report on claim investigation for client 1. 50
07/28/2009 MMH Review, organize, and index 12 boxes of documents
produced by Department of Real Estate 3. 00
DA] Review documents produced bytl ..
DA] Review documents produced by
DAJ Review documents re: prepare
EFI/EFMF TRUSTEES
Page: 35
08/05/2009
CLAIM INVESTIGATION
chronology re: same
DAJ Prepare outline of events in and
Investigation
07/29/2009 MMH
DAJ
DAJ
07/30/2009 MMH
DAJ
DAJ
DAJ
07/31/2009 GDA
MMH
DAJ
for use in
Review, organize and index 12 boxes of documents
Telephone conference re: EFI storage
locker (0.2); telephone storage
facility re: storage locker (0.3); prepare email
correspondence with client (0. 3)
Review email correspondence and re:.......,
and potential claims
correspondence with client re: same (0.2)
Review and prepare email correspondence re:llllllf
storage locker issue
Review documents and prepare detailed interim status
report to clients re:
Review documents and
client re:
-- - - - - ---- - -
Review and revise interim report on claims
investigation
Review, revise and finalize detailed report and
recommendations to client on claims investigation
1. 10
1. 00
3. 60
0.80
0.60
4. 80
0. 30
2. 30
2.20
1. 50
3.80
3. 60
PROFESSIONAL SERVICES RENDERED 679
'
70
143,202.50
11/01/2008
11/11/2008
01/28/2009
03/01/2009
03/01/2009
03/01/2009
03/01/2009
03/01/2009
Timekeeper
DAVID A. JUHNKE
JOSH W. MARTIN
GINA D. AXSOM
MICHELLE M. HEALEY
RECAPITULATION
Hours
303.20
12. 30
30.00
214. 50
119. 70
Rate
$310.00
285.00
195. 00
130. 00
100. 00
Total
$93,992.00
3,505.50
5,850.00
27,885.00
11,970.00
Travel Expenses - Mr. Frederickson meeting in Paso Robles
on October 15, 2008
Travel Expenses -Mr. Frederickson to Century City for
meeting
Document Copies - Ogden & Fricks, LLP - certified copy of
debtor' s exam
Overnight - to Bankruptcy Court
Overnight - from Doss Law - document production (6 boxes)
Overnight - from Bryan Cave LLP (46 boxes)
38. 80
195. 68
245. 35
12. 32
7. 73
7. 73
116. 33
419. 27
EFI/EFMF TRUSTEES
Page: 36
08/05/2009
CLAIM INVESTIGATION
03/05/2009
03/05/2009
03/06/2009
03/06/2009
04/01/2009
04/03/2009
04/07/2009
04/13/2009
05/01/2009
05/01/2009
05/05/2009
05/05/2009
05/15/2009
06/03/2009
06/04/2009
06/04/2009
06/17/2009
06/17/2009
06/17/2009
06/17/2009
06/18/2009
06/26/2009
06/26/2009
06/26/2009
06/29/2009
07/01/2009
07/01/2009
07/01/2009
07/01/2009
07/01/2009
07/01/2009
07/01/2009
07/01/2009
07/03/2009
07/06/2009
07/10/2009
07/15/2009
07/16/2009
Attorney service United Process Servers - filing proposed
order re: 2004 motion for production of documents by Seid &
Zucker
Attorney service - United Process Servers - filing proof of
service of order re: 2004 motion for production of
documents by Seid & Zucker
Federal Express - Heritage Oaks Bank documents to Daniel
Noble
Noble
Federal Express - to Daniel Noble
California Overnight - to US Bankruptcy Court
California Overnight - to US Bankruptcy Court
Federal Express - to Daniel Noble
California Overnight.- to First American Title Co.
Noble
Cost item -Unlimited Attorney Services, LLC. - copies from
Department of Real Estate (36,011)
Cost item- Unlimited Attorney Services, LLC. - copies from
Department of Corporations (15, 726) ''
Federal Express - Unlimited Attorney Services - copies of
documents from Department of Real Estate and Department of
Corporations
Federal Express - Daniel R. Noble
Cost item- S. Guy Puccio - copies of files
On Trac - Puccio
Cost item- U.S. Bankruptcy Court- certified copies
Cost item- U.S. Bankruptcy Court- certified copies
Cost item - Alston & Bird - copies of documents and
shipping
On Trac - United States Bankruptcy Court
Federal Express - Puccio - five boxes
Fresno County Clerk-Recorder - document recording fees
Tulare County - document recording fees
San Diego County Clerk-Recorder - document recording fees
Santa Clara County Clerk-Recorder - document recording
On Trac - Kings County Clerk/Recorder - June 22, 2009
On Trac - County Administration Center; San Diego County
Clerk/Recorder - June 22, 2009
On Trac - Los Angeles County Recorder - June 22, 2009
On Trac - Santa Clara County Clerk/Recorder - June 22, 2009
On Trac - Tulare County Clerk/Recorder - June 22, 2009
On Trac - Fresno County Clerk/Recorder - June 22, 2009
On Trac - Daniel Noble; LECG - June 25, 2009
On Trac - Kings County Clerk/Recorder
Kings County Clerk-Recorder - document recording fee
Federal Express - Puccio
On Trac - San Diego Superior Court
Los Angeles County Clerk/Recorder - document recording fee
CL@S - copies of statements of information in California
85. 00
85. 00
19. 88
19.95
28. 80
8. 52
8. 57
13. 37
25. 20
19. 46
5, 597. 59
2,418. 90
213. 52
14. 19
1,480. 00
8. 11
60. 60
9. 90
228. 32
8. 31
72. 13
48. 00
48. 00
46.00
42. 00
8.38
8. 38
8. 38
8. 38
8. 38
8. 38
8. 38
8.42
44. 00
15.41
8. 38
48. 00
87. 00
11, 551. 79
EFI/EFMF TRUSTEES
Page: 37
08/05/2009
CLAIM INVESTIGATION
07/03/2009
07/06/2009
07/10/2009
07/15/2009
07/16/2009
06/25/2009
Filing and Recording Costs - Kings County Clerk-Recorder -
document recording fee
Overnight - Puccio
Overnight - San Diego Superior Court
Filing and Recording Costs - Los Angeles County
Clerk/Recorder - document recording fee
Document Copies - CL@S - copies of statements of
information in California
CURRENT CHARGES
PREVIOUS BALANCE
Payment on account
BALANCE
44.00
15. 41
8.38
48.00
87.00
12, 031. 62
155, 234. 12
$83,883.50
-29, 359. 22
$209,758.40
-----------
-----------
EXHIBIT 6
Date: 08/07/2009
Subtotal for Timekeeper MM
Hours
to Bill Amount
Billable 97.00 30070.00 DAVID A. JUHNKE
Billable 10.40 2964.00 ROGER B. FREDERICKSON
Billable 15. 00 2925. 00 JOSH W. MARTIN
Billable 23.90 3107. 00 GINA D. AXSOM
Billable 5. 10 510. 00 MICHELLE M. HEALEY
Billable 151. 40 39576.00 /EFI/EFMF TRUSTEES
CRIMINAL PROCEEDING
Summary of Fees 003
Page: 3
Sinsheimer Juhnke Lebens & M c l v m ~ LLP
ATTORNEYS AT LAW
(805) 541-2800
EFI/EFMF TRUSTEES
Page: 1
08/05/2009
CRIMINAL PROCEEDING
02/26/2009 DAJ Review documents re: upcoming hearing on turnover of
personal assets to secured creditors 0. 20
03/11/2009 DAJ Review documents re: criminal case hearing On release
of personal assets and prepare email correspondence
with clients re: same 0. 30
hearing on personal assets of former principals 0. 30
03/16/2009 RBF Telephone conference with San Luis Obispo County
District Attorney re: issues to be addressed at hearing
on March 23 release from protective order 0. 40
RBF Telephone conference with attorney Jeffrey Stulberg re:
his client's claim to released from District Attorney' s
protective order 0. 30
RBF Office conference with attorney Juhnke re: telephone
conferences with San Luis Obispo County District
Attorney and attorney Jeffrey Stulberg re: Stulberg
client petition for relief from District Attorney
protective order 0. 30
RBF Prepare memorandum to attorney Juhnke re: conversations
with San Luis Obispo County District Attorney's office
and attorney Jeffrey Stulberg re: hearing on
modification of TRO preserving assets 0. 30
DAJ Review documents re: petition for release of district
attorney TRO 0. 90
DAJ Prepare email correspondence with client re: petition
for release of district attorney TRO and response to
same
03/23/2009 GDA Office conference re: asset hearing in criminal case,
getting copies of filed pleadings, minute order and
transcript of hearing (. 3)
Review and organize documents filed in criminal case
0. 60
(. 3) 0. 60
DAJ Attend hearing on modification of DA restraining order
EFI/EFMF TRUSTEES
Page: 2
08/05/2009
CRIMINAL PROCEEDING
re: personal assets of Guth and Yaguda
DA] Review documents re: Heritage Oaks Bank petition for
release of assets
DA] Prepare detailed memorandum to clients re: events at
hearing and further proceedings re: release of personal
assets of Guth and Yaguda
03/24/2009 GDA Review correspondence re: analysis of asset hearing 1n
criminal case (. 2)
Telephone conferences with court re: asset hearing
(. 3)
Telephone conference with court reporter re: obtaining
copy of transcript (.2)
Office conference re: conversations with court clerk,
court reporter (. 3)
Telephone conference with Mr. von Dahlen (.3)
Review notice of further hearing (. 1)
DA] Review and revise detailed status report to Trustees
re: hearing on Guth/Yaguda assets
DA] Review documents re: petition filed by Consolidated
Properties
DA] Review and prepare email correspondence with client re:
issues on continued hearing on Guth/Yaguda assets, sale
of Templeton Products stations
03/25/2009 DAJ Review documents re: petition for release of assets
03/27/2009 GDA Review Applebaum declarations file in criminal case
(. 4)
Office conference re: Applebaum declarations (. 1)
Telephone conferences wtih Mr. Abel's office re:
obtaining copies of exhibits to declarations (.2)
Make arrangements to pick up cop1es of exhibits to
decalrations from Mr. Abel's office (. 1)
Review and organize exhibits to Mr. Applebaum's
declaration (.6)
DA] Review documents re: petition to release assets filed
by Heritage Oaks Bank
DA] Review documents re: petition to release assets filed
by Charles Applebaum
DA] Telephone conference with District Attorney Steve Von
Dahlen re: response to petitions
DA] Review documents and prepare objection to petitions for
release of personal assets
GDA Office conference re: obtaining copies of exhibits to
Heritage Oaks Bank filing in criminal case (. 1)
Make arrangements to pick up copies of exhibits to
Heritage Oaks Bank filing in criminal case (.2;)
Email correspondence with Mr. Raver re: exhibits and
additional bank documents (. 7)
Telephone conferences with Heritage Oaks Bank re:
missing exhibits (.3)
2.80
0. 80
1. 70
1. 40
0.80
0. 50
0. 80
0. 50
1. 40
1. 20
1. 10
0. 30
0. 50
EFI/EFMF TRUSTEES
Page: 3
08/05/2009
CRIMINAL PROCEEDING
Make arrangements to pick up missing exhibits (.2)
Draft objection to bank's filing in criminal case (. 2) 1. 70
03/30/2009 GDA Develop strategy re: exhibits missing from Heritage
Oaks Bank's supplemental exhibit package (.2)
Review Heritage Oaks Bank's supplemental argument and
exhibits (. 2)
Follow-up with Mr. Raver re: missing exhibits (. 1)
Review email correspondence and document from Mr. Raver
(. 4)
GDA Office conference re: response and objection of Chapter
11 Trustees to petitions for modification of temporary
restraining order and lis pendens and service of same
(. 2)
Review and revise response and objection (. 5)
Prepare response and objection for service and filing
(. 3)
Make arrangements re: filing and service of response
and objection (.4)
Correspondence to people on service list with copy of
response and objection (. 7)
Obtain correct service information for Mr. Gilbert
(. 2)
Telephone conference wtih Mrs. Gilbert re: response and
objection (. 2)
Email correspondence with Mrs. Gilbert with copy of
response. and objection (. 1)
DA] Review documents re: exhibits (loan files) submitted by
Heritage Oaks Bank in connection with request for
relief from TRO re: personal assets of Guth and Yaguda
DAJ Review documents re: opposition filed by District
Attorney in connection with request for relief from TRO
re: personal assets of Guth/Yaguda
DA] Prepare and review email correspondence with counsel
re: pleadings filed in connection with request for
relief from TRO re: personal assets of Guth/Yaguda
DA] Review documents re: petition and declarations by
Heritage Oaks Bank for relief from TRO re: personal
assets of Guth/Yaguda
DA] Review documents re: petition and declarations filed by
Applebaum in support of relief from TRO re: personal
DA] Prepare, review and revise response and objection of
trustees to petitions for relief from TRO re: personal
03/31/2009 GDA Follow up with court reporter re: transcript of last
week' s hearing in criminal case
GDA Review correspondence and pleadings in criminal case
re: upcoming hearing
GDA Office conference re: filing issues in criminal case
DA] Review bank exhibits relating to loans on Vineyard
0. 90
2.60
1. 20
0. 70
0. 50
1. 30
1. 40
2. 30
0. 10
0. 20
0. 20
EFI/EFMF TRUSTEES
Page: 4
08/05/2009
CRIMINAL PROCEEDING
Property in connection with bank request for release of
TRO on Vineyard Property 0. 60
04/01/2009 GDA Telephone conference with court reporter re: obtaining
transcript of criminal case hearing (. 2)
Obtain and review transcript of March 23 hearing (.4)
Review email correspondence re: today' s hearing in
criminal case (.2)
DAJ Review documents re: transcript of prior hearing re:
personal assets of Guth and Yaguda
DAJ Prepare for and attend hearing on personal assets of
Guth and Yaguda
DAJ Prepare detailed memorandum to clients re: hearing on
personal assets of Guth and Yaguda
04/02/2009 GDA Develop strategy re: continued hearing in criminal case
and obtaining transcript of 4/1 hearing
04/03/2009 GDA Develop strategy re: obtaining copy of Department of
Real Estate and Department of Corporations audit in
preparation for hearing (. 1)
Contact Department of Real Estate re: audit of Guth and
Yaguda assets (. 1)
DAJ Review and prepare email correspondence with Department
of Corporations re: audit of EFI for use in criminal
hearing
DAJ Review documents re: pleadings on release of assets
04/06/2009 GDA Review and index documents re: pleading and exhibits
DAJ Review documents and prepare email correspondence with
counsel re: asset loans an preference issues
DAJ Review documents re: petition for sale of olive oil
business
DAJ Review documents re: proposed sale of service stations,
purchase agreements and payoff amounts
DAJ Prepare email correspondence with client re: proposed
sale of olive oil business and service stations
JWM Legal research
JWM
04/07/2009 GDA Email correspondence with Mr. Raver re: Trustees claim
0. 80
1. 50
3. 50
1.80
0. 10
0.20
0.90
0.30
0. 50
0.80
1. 50
1.20
0. 30
3.60
0.80
to property and assets 0. 10
GDA Develop strategy re: obtaining copy of Department of
Real Estate Audit of Estate Financial (. 1)
Telephone conference with Ms. Clarke of Department of
Real Estate re: audit (.2)
Review correspondence and audit from Department of Real
Estate (. 1) 0.40
JWM Legal analysis and
3.60
EFI/EFMF TRUSTEES
Page: 5
08/05/2009
CRIMINAL PROCEEDING
GDA Develop strategy re: exhibits to Charles Applebaum's
declaration (. 1)
Review and obtain copies of exhibits to Charles
Applebaum's March 26, 2009 declaration (.2)
Review and analyze Charles Applebaum's declarations and
exhibits (. 3) 0. 60
DAJ Conference with Mr. Susi and Mr. Maizel re: issues
relating to continued hearing on Guth/Yaguda assets 0. 80
04/08/2009 GDA Review Joeli Yaguda' s application for modification of
temporary restraining order 0. 30
DA] Telephone conference with Mr. Abel re: 9th Street
Office Building issues 0. 30
JWM Draft argument in opposition to petitioner's
modification of TRO and Lis Pendens 4. 80
04/09/2009 GDA Review correspondence from Mr. Abel re: 9th Street
property 0. 10
JWM Draft research memorandum re: 2. 00
GDA Tel with Mr.
DAJ
04/10/2009 DAJ
DA]
DAJ
DAJ
DAJ
04/13/2009 GDA
GDA
04/14/2009 GDA
DAJ
DAJ
DA]
DAJ
ev ew corresp ence re: 9th Street Office Building
and prepare email correspondence with client re: same
Telephone conference with Mr. Geher re: issues in
criminal asset proceeding
Prepare email correspondence with Trustees and counsel
re: issues on criminal asset proceeding
Legal research and analysis ofllllllllllllll
~ c e with Mr. Abel re: 9th Street
Office Building and service station sales
Telephone conference with Mr. Von Dahlen re: issues for
criminal asset hearing
Review and index documents re: asset motions
Telephone conference with court reporter re: transcript
of 4/1 hearing (. 1)
~ a k e arrangements for copy of 4/1 hearing transcript
(. 2)
Develop strategy re: further response to petitions for
modification of temporary restraining order and lis
pendens (. 2)
Review and revise trustees' further response (. 5)
Review documents re: correspondence from counsel re:
change in purchase terms for Templeton service station
Telephone conference with Mr. Abel re: issues on sale
of service stations
Prepare and review email correspondence with client re:
issues on sale nf service stations
Review documents re: transcript of prior hearing re:
0. 10
0. 60
0. 50
1. 50
0. 80
0. 30
0. 40
0. 10
0. 30
0. 70
0.80
0. 30
0. 60
EFI/EFMF TRUSTEES
Page: 6
08/05/2009
CRIMINAL PROCEEDING
assets of Guth and Yaguda 1. 80
DAJ Prepare, review and revise supplemental brief
criminal hearing r 1. 90
DAJ Legal research re: 0.90
DAJ Telephone conference WI
continued asset hearing 0. 30
DAJ Review documents re: supplemental brief of bank on
asset hearing of Guth and Yaguda 0. 40
DAJ Prepare and review email correspondence with client re:
issues on briefing for continued asset hearing 0. 70
DAJ Telephone conference with Mr. Geher re: issues on
continued hearing on asset of Guth and Yaguda 0. 20
04/15/2009 GDA Review and revise further response of trustees to
petition for modification of temporary restraining
order and lis pendens (2.0)
Email correspondence with Mr. Raver, Mr. Stuhlberg, Ms.
Barclay, Mr. Huish, Mr. Smith, Mr.von Dahlen re:
further response of trustees (. 3)
Make arrangements re: service of further response of
trustees (. 3) 2. 60
DAJ Review, revise and finalize brief for Guth/Yaguda asset
hearing 0. 50
DAJ Review documents re: brief filed by People in
Guth/Yaguda asset hearing 0. 50
DAJ Review documents re: brief filed by Applebaum 1n
Guth/Yaguda asset hearing 0. 50
DAJ Review documents re: brief filed by Guth/Yaguda in
asset hearing 0. 50
sale of service stations 0. 80
04/16/2009 DAJ Review documents re: district attorney supplemental
pleading and prepare email correspondence with client
re: same
0. 60
sale of service stations 0.80
DAJ Review documents and pleadings re: hearing on release
of assets for Guth/Yaguda 0. 70
DAJ Prepare for and attend hearing on release of Guth and
Yaguda assets 2. 30
DAJ Prepare email correspondence with client re: criminal
asset hearing on Guth/Yaguda 0.80
04/20/2009 JWM Review People's Response and Opposition to Modification
of Temporary Restraining Order 0. 20
04/21/2009 GDA Contact court reporter re: copy of 4/17/09 hearing
transcript
04/29/2009 GDA Telephone conference with court reporter re: transcript
0. 10
EFI/EFMF TRUSTEES
Page: 7
08/05/2009
CRIMINAL PROCEEDING
of April 17 hearing and memorandum re: same 0. 20
DA] Telephone conference with client re: gas station sale
05/01/2009 DAJ
DA]
DA]
05/04/2009 DAJ
05/11/2009 DAJ
05/12/2009 GDA
GDA
DAJ
DAJ
DA]
RBF
RBF
05/13/2009 GDA
DA]
DA]
05/14/2009 GDA
DA]
DA]
Issues
Telephone conference with District Attorney re: issues
on sale of Morro Bay gas station
Telephone conference with client re: issues on sale of
Morro Bay gas station
Review documents re: sale of Morro Bay gas station and
payoff to EFI
Review documents re: proposed sale of Morro Bay service
station (0. 7)
Telephone conference with client and counsel re: Issues
on sale (0. 3)
Review and prepare email correspondence re: sale (0. 2)
Review and prepare email correspondence with re: issues
on sale of TPI service stations
Telephone conference with court reporter re: 4/17/09
hearing transcript
Review ruling on motions for modification of temporary
restraining order and office conference re: same
Review pleadings re: ruling on motions for modification
of restraining order re: personal assets of Guth Yaguda
re: issues on sale of TPI service stations
Review and prepare email correspondence with client and
counsel re: issues on ruling re: modification of
restraining order
Review ruling on motions for modification of
restraining orders
Office conference with Mr. Juhnke re: Court's ruling on
modification of restraining orders
Make arrangements to pay for and pick tip transcript of
4/17/09 hearing from court reporter
Telephone conference with DA Von Dahlen and First
American Title re: issues on sale.of TPI service
stations
Review and prepare email correspondence with client re:
issues on sale of TPI service stations
Review correspondence re: sale of Templeton Products
gas stations and office conference re: same (.4)
Obtain and review secretary of state information re:
Templeton Products (.2)
Telephone conferences with counsel re: strategy and
Issues on sale of TPI service stations
Telephone conferences with client re: issues and
strategy on sale of TPI service stations
0. 50
0. 50
0. 30
0.80
1. 20
0.50
0. 10
0. 50
1. 80
0. 50
0. 70
0. 50
0. 10
0. 20
0. 50
0. 50
0. 60
0. 80
0. 90
EFI/EFMF TRUSTEES
Page: 8
08/05/2009
CRIMINAL PROCEEDING
and client re: issues on sale of TPI service stations
DAJ Review documents re: memorandum of deal points for sale
of TPI service stations
DAJ Prepare email correspondence with counsel re: Issues
for proposed order
RBF Develop strategy re: criminal court ruling
05/15/2009 GDA Review email correspondence and proposed order re: sale
of Templeton Products gas stations and respond to same
05/18/2009 GDA Review email correspondence and documents re: Friday's
hearing, proposed order re: sale of Templeton Products
gas stations (. 7 )
DAJ Review and prepare numerous email with counsel and
client re: proposed sale orders on TPI service stations
DAJ Review documents and review and revise proposed order
on sale of Morro Bay Service station
DAJ Review documents and review and revise Order on sale of
Templeton service station
DAJ Telephone conference with client re: issues on sale of
TPI service stations
05/19/2009 GDA Review email correspondence and proposed orders re:
sale of Templeton Products gas stations
DAJ Review documents re: revised order on Morro Bay
DAJ Review documents re: accounting on EFI loan to TPI
DAJ Review and prepare numerous email correspondence with
counsel and client re: issues in sale of TPI service
stations
re: TPI service station sales
DAJ Telephone conference with client re: issues on sale of
TPI service stations
05/22/2009 DAJ Review and prepare email correspondence re: sale of
Morro Bay service station
05/26/2009 DAJ Review email correspondence and documents re: proposed
reconveyance on TPI service station property
05/27/2009 RBF Office conference with attorney Juhnke re: status of
criminal proceedings and appearance at hearing on June
9, 2009
DAJ Review and prepare email correspondence re: recent
hearing and upcoming hearing on Guth/Yaguda assets
DAJ Telephone conference with Mr. Von Dahlen re: recent
hearing and upcoming hearing on Guth/Yaguda assets
05/28/2009 DAJ Review and prepare email correspondence and documents
re: partial reconveyance for sale of TPI service
1. 20
0. 70
0. 70
0. 20
0. 90
0. 70
1. 50
1. 20
1. 10
0. 50
0. 40
0. 50
0. 50
0. 80
0. 40
0. 30
0. 30
0. 40
0. 20
0. 70
0. 50
EFI/EFMF TRUSTEES
Page: 9
08/05/2009
CRIMINAL PROCEEDING
stations
06/02/2009 GDA Review email correspondence from Ms. Johnson/Greg
Abel's office re: court reporters and respond to same
sale of TPI service stations and release of funds
DAJ Review documents re: application for sale of olive oil
business
06/03/2009 DAJ Review documents re: applications for sale of olive oil
business
DAJ Review documents re: application for release of funds
for defense costs
DAJ Telephone conference with client re: objections to
applications for sale of olive oil business and release
of funds for defense costs
06/04/2009 DAJ Review documents and prepare objection to applications
for modifications of TRO re: sale of olive oil business
06/05/2009 GDA Review motion for accounting of defense attorney' s fees
(. 1)
MMH
Review and revise brfef in opposition to motion for
modification of temporary restraining order; make
arrangements re: filing and service of brief (1.6)
Develop strategy re: preparation of declaration and
orting documentation re:
DAJ ct Attorney application for
accounting on funds held by counsel
DAJ Review documents re: defense response to District
Attorney application for accounting re: funds held by
counsel
DAJ Review documents re: response of Consolidated to
request for defense funds
DAJ Review documents re: applications for sale of olive oil
business and release of funds for defense costs;
prepare, review and revise response and objection of
Trustees to applications
DAJ Telephone conference with Mr. Geher re: issues on
request for sale of olive oil business and release of
funds for defense costs
and client re: proposed order on sale of Templeton
service station
DAJ Review documents and prepare declaration of Trustee re:
0. 30
0. 20
0. 50
0. 80
1. 20
0. 60
0. 30
0. 70
3. 20
0. 50
0. 90
1. 00
0. 50
2.40
0. 30
0. 80
EFI/EFMF TRUSTEES
Page: 10
08/05/2009
CRIMINAL PROCEEDING
request for release of funds obtained from sale of
Morro Bay service station
REF Office conference with attorney Juhnke re: issues
involved in hearing re: modification of TRO
06/08/2009 MMH Prepare exhibits for11111111 ..
REF Review pleadings in preparation for hearing re:
modification of TRO
06/09/2009 REF Receive and review Guth/Yaguda reply brief to
opposition to motion to modify TRO
REF Receive and review District Attorney reply brief
REF Appearance at hearing on Guth/Yaguda application to
modify restraining order
06/10/2009 REF Prepare memorandum to file re: hearing on applications
re: disbursement of monies for attorney's
0. 80
0.50
2. 20
2.00
0.40
0.30
4.20
fees, and sale of Willow Creek, LLC 0. 50
MMH Prepare exhibits for111111 .. 1111
06/11/2009 DAJ Review documents re: pleadings on motions for release
of assets and develop strategy re: followup on transfer
2.40
of funds to Willow Creek and source of funds 1. 20
DAJ Develop strategy re: hearing issues 0. 30
06/15/2009 DAJ Review email correspondence re: proposed revision to
order on sale of Templeton service station 0.20
06/16/2009 DAJ Review email correspondence and revisions to proposed
Order on sale of Templeton service station (0. 7) ;
prepare and review email correspondence with client re:
same (0. 2) ; prepare email correspondence with counsel
(0. 1) 1. 00
06/18/2009 GDA Review briefs in support of and opposition to
modification of temporary restraining order 0. 50
06/19/2009 DAJ Review documents re: reconveyance on Templeton service
station; prepare email correspondence with client re:
same
07/02/2009 DAJ Review Order re: motion for attorneys fees for
Guth/Yaguda counsel and prepare email correspondence
0. 30
with client re: same 0.40
07/07/2009 DAJ Review email correspondence from counsel re: Issues on
sale of Templeton station and prepare email
correspondence with client re: same 0. 20
07/13/2009 REF Review Guth objection to court order in criminal
EFI/EFMF TRUSTEES
Page: 11
08/05/2009
CRIMINAL PROCEEDING
matter; office conference with attorney Juhnke re< same 0. 20
07/14/2009 DAJ Review documents re: hearing on sale of TPI service
station 1. 20
DAJ Telephone conference with Mr. Von Dahlen re: hearing on
sale of TPI service station 0. 30
07/16/2009 DAJ Review and prepare email corr
07/17/2009 DAJ
re: sale of T leton station
re:
of
07/29/2009 DAJ Review email correspondence re: investor proposal to
purchase Guth/Yaguda assets and prepare email
0. 70
0. 20
correspondence with client re: same 0. 30
07/30/2009 DAJ Telephone conference with DA Von Dahlen re:
modification of TRO for foreclosure of EFI trust deeds 0. 80
DAJ Telephone conference with client r ~ : issues relating to
modification of TRO for foreclosure of properties
(0. 5); prepare and review email correspondence with
client re: same (0. 3) 0. 80
DAJ Review documents re: TRO and application to foreclosure
of properties and develop strategy re: modification of
TRO 1. 10
07/31/2009 DAJ Review documents and develop strategy re: issues on
modification of TRO 0. 80
DAJ Review documents re: orders issued relating to release
of assets of Guth and Yaguda 0. 80
DAJ Prepare email correspondence with client re: criminal
proceeding update 0. 30
GDA Develop strategy stipulation to modify temporary
restraining order re: sale of properties 0. 30
RECAPITULATION
151.40 39,576.00
04/01/2009
04/13/2009
Timekeeper
DAVID A. JUHNKE
JOSH W. MARTIN
GINA D. AXSOM
MICHELLE M. HEALEY
Hours
97. 00
10.40
15.00
23.90
5. 10
Rate
$310. 00
285.00
195.00
130.00
100.00
Total
$30, 070. 00
2,964.00
2,925.00
3,107.00
510. 00
Document Copies - Christina Schwandt - copy of hearing
transcript on 3/23/09 in People v. Guth & Yaguda
Document Copies- Christina Schwandt - hearing transcript on
4/1/09 for People v. Guth & Yaguda
145. 60
232.40
EFI/EFMF TRUSTEES
Page: 12
08/05/2009
CRIMINAL PROCEEDING
05/13/2009
07/31/2009
Document Copies - Anna Hernandez - hearing transcript on
4/17/09 for People v. Guth and Yaguda
Document Copies - FedEx Kinko' s - copies and binding
CURRENT CHARGES
BALANCE
126. 00
16. 31
520. 31
40,096.31
$40,096.31
EXHIBIT 7
Date: 08/07/2009
Hours
to Bill Amount
Billable 24.40 7564. 00 DAVID A. JUHNKE
Billable 59. 10 16843.50 ROGER B. FREDERICKSON
Billable 45. 20 8814. 00 JOSH W. MARTIN
Billable 20. 30 2639.00 GINA D. AXSOM
Billable 149.00 35860.50 /EFI/EFMF TRUSTEES
SPONDULIX
Summary of Fees 004
Page: 1
Sinsheimer Juhnke Lebens & Mcivor. LLP
EFI/EFMF TRUSTEES
ATTORNEYS AT LAW
(805) 541-2800
SPONDULIX
04/24/2009 RBF
04/28/2009 RBF Prepare email to
consultant re:
RBF
DAJ
RBF
04/29/2009 JWM Research and analysis of
JWM Review d develop
DAJ
DAJ
RBF
RBF
RBF
RBF
04/30/2009 DAJ
JWM
05/04/2009 JWM
Page: 1
08/05/2009
2. 20
0. 10
0. 40
1. 20
1. 30
0. 90
0. 90
0. 80
0. 80
1. 40
0. 20
0. 40
0.40
0. 50
2. 40
EFI/EFMF TRUSTEES
SPONDULIX
RBF Research to determine
05/05/2009 RBF .. lt
RBF Develop strategy and identify issues relating to
DAJ Review documents and develop strategy re:
05/06/2009 JWM Research and draft memorandum re:
05/07/2009 JWM
05/08/2009 GDA Office conference re: complaint against Spondulix, et
al. (. 3)
Search web and secretary of state for information re:
Page: 2
08/05/2009
1. 00
2. 00
1. 00
0. 50
0. 50
4. 00
3. 60
(. 5) 0. 80
DAJ Review documents re:, ._
legal research re: same 0. 80
DAJ Review documents re: and
develop strategy re: same 0. 60
DAJ Review documents and draft statement of facts 1n
complaint against Spondulix 2. 40
05/11/2009 RBF Receive and review statement of facts in preparation to
draft complaint and request for ex parte relief 0. 50
05/12/2009 RBF Develop strategy re: .........,
RBF Telephone conference with client re:
JWM Research and draft complaint
05/14/2009 DAJ Review documents and develop strategy re: 111111,
05/21/2009 RBF Review draft complaint
05/22/2009 DAJ Review documents and develop strategy re:
05/29/2009 RBF Review factual summary and complaint in preparation to
0. 30
0. 20
3. 50
0. 40
1. 00
0. 40
revise complaint 0. 90
RBF Review documents in support of complaint factual
EFI/EFMF TRUSTEES
Page: 3
08/05/2009
SPONDULIX
05/31/2009 RBF Review
RBF Review
RBF Review
RBF Revise camp
06/01/2009 JWM Confer with Mr. Frederickson re:
-
GDA Develop strategy re: complaint, review documents
RBF Research and revision of complaint
RBF -------
JWM
06/03/2009 GDA
RBF
RBF
RBF
06/04/2009 JWM
RBF
Telephone conference with Chicago Title re: status of
Spondulix foreclosure
Research and revision of Complaint for rescission
Telephone conference with client re:
~ client, client bankruptcy counsel
and unsecured creditors committee counsel re: complaint
and potential claims 1111111111111111111111111111 ...
Review, modify, and revisise complaint
Office conference with attorney Juhnke re:
RBF Prepare memorandum to bankruptcy and committee counsel
1. 60
0. 70
0. 40
0. 80
2.40
0.20
0.20
4. 70
1. 60
0. 10
0. 40
0. 80
1. 60
0. 20
4. 00
0. 30
0. 50
0. 90
0. 30
re: 1. 00
RBF Prepare correspondence to Spondulix counsel re:
resolution of dispute and filing of complaint 0. 30
DAJ Review and revise draft complaint, letter to counsel,
and status letter to client 1. 10
06/05/2009 RBF Final review and revisions to complaint 1. 00
RBF Prepare email to unsecured creditors committee counsel
attaching complaint for his review 0. 10
06/08/2009 RBF Review and incorporation of unsecured creditors'
committee revisions to Complaint 0. 30
RBF Retrieve and organize exhibits to complaint 0. 70
RBF Final review of complaint; revision of complaint;
EFI/EFMF TRUSTEES
Page: 4
08/05/2009
SPONDULIX
review and organization of exhibits in preparation for
filing 0. 80
JWM Review and revise complaint 0. 70
06/12/2009 RBF Determination of agent for service of process of
Complaint for both defendants Spondulix Company and The
Doctor' s Company 0. 40
RBF Telephone conference with counsel for Spondulix Company
re: lawsuit 0. 10
06/19/2009 RBF Receive, review and forward email to clients re:
06/26/2009 GDA Develop strategy re: service of complaint on The
Doctor's Company, telephone conversation with lawyer In
Florida; review information re: agent for service of
process
06/29/2009 RBF Telephone conference with counsel for The Doctor's,
Inc. re: service of process
07/08/2009 RBF Return telephone call of attorney representing
Spondulix Company re: date of service of process
07/09/2009 RBF Receive and review correspondence from counsel for
Florida Doctors Holding Company re: claim of wrong
party served; review proof of service and information
contained on California Secretary bf State website;
prepare email to staff re: llllllllllllllllllllt
07/14/2009 RBF
GDA
serv ce of the summons, complaint
and related documents on The Doctors' Company, an
0. 10
0. 30
0. 30
0. 10
0.40
0. 30
inter-insurance exchange (. 4) 2. 00
07/15/2009 RBF Review demurrer to complaint
07/21/2009 RBF Review motion for change of venue
RBF Staff direction re:
0. 70
0. 30
0. 80
1. 40
EFI/EFMF TRUSTEES
SPONDULIX
JWM
DA]
JWM
Page: 5
08/05/2009
0. 30
0. 30
0. 20
0.90
0.30
0. 70
RBF Telephone call to foreclosure trustee agent re:llllllf
0.20
0. 10
JWM
JWM
JWM
JWM
07/2512009 RBF
07/26/2009 RBF
RBF
RBF
RBF
07/27/2009 GDA Legal research re: ~ = = = = =
(. 5)
RBF Meet with staff re:
RBF Telephone call to opposing counsel to request a
continuance of hearing date on demurrer and motion for
0.40
0.40
0. 60
0. 70
0. 30
13. 00
2.20
0. 30
0. 50
0. 40
1. 00
0. 50
change of venue 0. 10
JWM Office conference to develop strategy re:
(. 3)
EFI/EFMF TRUSTEES
Page: 6
08/05/2009
SPONDULIX
Legal research re: 11 .. 1111111111111111111111.,(.3)
Review and analyze
(. 9)
Legal research re:
(.
RBF Telephone conference with opposing counsel re:
stipulation to continue hearing date to September 8,
2009
RBF Prepare correspondence to opposing counsel re:
telephone conference concerning amendment of complaint
and request to continue hearing on motion for change of
venue
DA] Review documents and develop strategy re:
07/28/2009 GDA Review documents and develop strategy re: 111111111
JWM
JWM
DAJ
DAJ
DAJ
(. 5)
Iew organize
---(.7)
with Ms. Axsom re:
with opposing counsel and draft
correspondence to opposing re: change of date for
motion hearing (.6)
Legal research re:
Office conference
(. 3)
Draft stipulation and order to change hearing date for
motion to change venue
Review and revise and develop
strategy re:
Review and revise
-- --
!!!Pew and revise
07/29/2009 GDA Review and organize exhbiits to amended complaint and
motion for preliminary injunction (3.0)
(. 7)
Review and revise stipulation to continue hearing date
on motion for change of venue and develop strategy re:
2. 20
0. 20
0. 20
0. 80
1. 60
0.20
2.40
1. 20
1. 50
1. 80
same (. 7) 4. 40
JWM Email to opposing counsel and revise order and
stipulation 0. 70
DA] Review documents and review and revise
DA] Review documents and prepare, review and revise
1. 20
1. 50
EFI/EFMF TRUSTEES
Page: 7
08/05/2009
SPONDULIX
DAJ
JWM view and ana
draft and revise--
07/30/2009 GDA Review and revise amended complaint (1.3)
(. 2)
Review and revise
(4. 1)
Email Jeremiassen re:
JWM
Review amended complaint (1. 6)
Develop strategy with Mr. Juhnke and Ms. Axsom (. 2)
07/31/2009 GDA Develop strategy re:
(. 4)
Review and revis
(3. 6)
JWM Draft ar t re:
JWM
DAJ
se memorandum
I!Pr'!ise and f
(. 2)
1. 50
1. 80
3.90
5. 80
9. 80
4. 00
2. 30
0. 80
2. 60
----
RECAPITULATION
149.00 35,860.50
06/12/2009
06/19/2009
Timekeeper
DAVID A. JUHNKE
JOSH W. MARTIN
GINA D. AXSOM
Hours
24.40
59. 10
45.20
20. 30
Rate
$310.00
285.00
195.00
130.00
Total
$7,564.00
16,843.50
8,814.00
2,639.00
San Luis Obispo Superior Court Clerk - first time filing
fee
Unlimited Attorney Services, LLC - local service of process
- the Doctors Company, Inc., at Business CSC Lawyers -
summons; complaint; notice of assignment & case management
350. 00
EFI/EFMF TRUSTEES
Page: 8
08/05/2009
SPONDULIX
06/19/2009
07/16/2009
07/29/2009
07/31/2009
conference; civil case management policy; blank case
management statement; alternative dispute resolution policy
statement
Unlimited Attorney Services, LLC - service of process -
Spondulix Company, Inc., at Business Paracorp- summons;
complaint; notice of assignment & case management
conference; civil case management policy; blank case
management statement; alternative dispute resolution policy
statement
Unlimited Attorney Services, LLC - service of on the
Doctors' Company, an Interinsurance Exchange, Sacramento,
California
Filing fee - San Luis Obispo Superior Court Clerk -
stipulation and order to continue hearing
Filing fee - San Luis Obispo Superior Court Clerk - motion
CURRENT CHARGES
BALANCE
59.00
59. 00
59. 00
20.00
40. 00
587.00
36,447.50
$36,447.50
EXHIBIT 8
SECOND INTERIM FEE APPLICATION-- SINSHEIMER JUHNKE LEBENS & MCIVOR, LLJ
Total Costs by Category-- October 13, 2008-July 31, 2009
Client#
ATTORNEY SERVICE
4131.001 11/4/2008
4131.001 2/12/2009
4131.001 2/12/2009
4131.001 3/2/2009
4131.001 4/1/2009
4131.001 4/3/2009
4131.002 3/1/2009
4131.002 3/5/2009
4131.002 3/5/2009
4131.004 6/19/2009
4131.004 6/19/2009
4131.004 7/16/2009
4131.121 3/1/2009
4131.131 6/2/2009
4131.134 1/12/2009
4131.136 12/29/2008
4131.136 12/29/2008
4131.136 12/31/2008
4131.136 1/13/2009
4131.136 2/1/2009
4131.136 2/1/2009
4131.136 2/1/2009
4131.136 2/3/2009
Amount Description
$75.00 Attorney Service- United Process Servers
$85.00 Attorney Service- United Process Servers- filing notice of motion
and motion for examination ofFCI Lender Services, Inc. production
of documents under mle 2004, memorandum ofpoints and
authorities, declaration and exhibit in case no. 115835
$85.00 Attorney Service- United Process Servers- filing notice of motion
and motion for examination of FCI Lender Services, Inc. under rule
2004, memoran<;lum of points and authorities, declaration, exhibit in
case no. 11457
$105.00 Attorney Service- United Process Servers- filing proposed order and
stipulation extending time re: FCI Lenders Services, Inc.
$172.00 Attorney Service- United Process Servers- file order re: motion for
production of documents by FCI Lender Services, Inc.
$75.00 Attorney Service -United Process Servers- filed declarations of
Roger B. Frederickson re: opposition to motion for examination of
FCI Lender Services, Inc.
$85.00 Attorney Service- United Process Servers- filing declaration of
David A. Juhnke re: lack of opposition to 2004 motion to Seid &
$85.00 Attorney Service- United Process Servers- filing proof of service of
order re: 2004 motion for production of documents by Seid & Zucker
$85.00 Attorney Service - United Process Servers - filing proposed order re:
2004 motion for production of documents by Seid & Zucker
$59.00 Attorney Service- Unlimited Attorney Services, LLC -local service
of process- the Doctors Company, Inc., at Business CSC Lawyers-
summons; complaint; notice of assignment & case management
conference; civil case management policy; blank case managemen
$59.00 Attorney Service- Unlimited Attorney Services, LLC- service of
process- Spondulix Company, Inc., at Business Paracorp- summons;
complaint; notice of assignment & case management conference; civil
case management policy; blank case management statement
$59.00 Attorney Service -Unlimited Attorney Services, LLC- service of on
the Doctors' Company, an Interinsurance Exchange, Sacramento,
California
$9.50 Attorney Service -Los Angeles Superior Court- online civil party
name search re: Ron Cooper
$61.7 4 Attorney Service - Expedite Document Imaging, Inc. - processing -
Stanis,laus County Superior Court, Modesto, CA
$145.15 Attorney Service - Action Legal Support Service
$25.00 Attorney Service- San Diego Service ofProcess
$75.00 Attorney Service- San Diego Service of Process
$420.00 Attorney Service- San Diego Service of Process- January 9, 2009
$75.00 Attorney Service- San Diego Service of Process- January 28, 2009
K:\EFI-EFMF Trustees\Collection\misc\2ndFeeApplExh2-080509 8/7/20099:32 AM
Total Costs by Category-- October 13, 2008-July 31,2009
Client#
4131.136
4131.136
4131.137
4131.137
4131.137
4131.137
4131.137
4131.137
4131.151
TOTAL
MILEAGE
4131.141
4131.002
4131.002
4131.136
TOTAL
LODGING
4131.136
TOTAL
Date
2/9/2009
2/18/2009
12/24/2008
2/1/2009
2/10/2009
2/20/2009
2/20/2009
3/1/2009
6/9/2009
5/27/2009
11/1/2008
. 11/11/2008
3/5/2009
4/1/2009
Amount Description
$115.00 Attorney Service- Action Legal Support Service- 3-day notice served
onKomush
$145.00 Attorney Service- Action Legal Support Service
$114.00 Attorney Service- Action Legal Support Service
$131.43 Attorney Service - Action Legal Support Service -Fresno County
Superior Court- issue writ of execution
$114.00 Attorney Service- Action Legal Support Service- Fresno County
Superior Court- file request for entry of default
$363.82 Attorney Service- Action Legal Support Service- Fresno County
Superior Court- file unlawful detainer on 1/29/09
$315.00 Attorney Service - Attorney Service of California- process service of
sixty day notices to quit
$3,729.14
.$156.78 Mileage- Mr. Martin- Fresno for deposition ofMr. Covington
$38.80 Travel Expenses- Mr. Frederickson meeting in Paso Robles on
October 15, 2008
$195.68 Travel Expenses- Mr. Frederickson to Century City for meeting
$282.36 Travel Expenses -Mileage- Mr. Martin - San Diego eviction hearing
$673.62
$126.50 Travel Expenses- Lodging for Mr. Martin- Holiday Inn Express-
eviction hearing in San Diego
$126.50
DOCUMENT COPIES FROM THIRD PARTIES
4131.001 10/29/2008 $11.50 Document Copies - San Luis Obispo County Traffic and Criminal
4131.001 11/1/2008
4131.001 12/1/2008
4131.002 1/28/2009
4131.002 5/5/2009
4131.002 5/5/2009
4131.002 6/4/2009
4131.002 6/17/2009
4131.002 6/17/2009
4131.002 6/17/2009
4131.002 6/17/2009
Operation
$47.00 Document Copies- San Luis Obispo County Traffic and Criminal
Operation
$1,453.48 Document Copies- First Reprographics- copies of All-American
Foreclosure files
$245.35 Document Copies- Ogden & Fricks, LLP- certified copy of debtor's
exam
$5,597.59 Document Copies- Unlimited Attorney Services, LLC.- copies from
Department of Real Estate (36,011)
$2,418.90 Document Copies- Unlimited Attorney Services, LLC.- copies from
Department of Corporations ( 15, 726)
$1,480.00 Document Copies- S. Guy Puccio- copies of files
$60.60 Document Copies- U.S. Bankruptcy Court- certified copies
$9.90 Document Copies- U.S. Bankruptcy Court- certified copies
$228.32 Document Copies - Alston & Bird- copies of documents and
$8.31 Document Copies - United States Bankruptcy Court
K:\EFI-EFMF Trustees\Collection\misc\2ndFeeApp!Exh2-080509 8/7/20099:32 AM
INTERIM FEE APPLICATION-- SINSHEIMER JUHNKE LEBENS & MCIVOR, LLJ
Total Costs by Category-- October 13, 2008-July 31,2009
Client# Date
4131.002 7/16/2009
4131.003 4/1/2009
4131.003 4/13/2009
4131.003 5/13/2009
4131.003 7/31/2009
4131.112 12/1/2008
4131.113 12/1/2008
4131.122 12/3/2008
4131.126 12/17/2008
4131.136 7/17/2009
4131.141 7/1/2009
TOTAL
Amount Description
$87.00 Document Copies- CL@S- copies of statements of information in
California
$145.60 Document Copies - Christina Schwandt - copy of hearing transcript
on 3/23/09 in People v. Guth & Yaguda
$232.40 Document Copies- Christina Schwandt- hearing transcript on 4/1/09
for People v. Guth & Yaguda
$126.00 Document Copies- Anna Hernandez- hearing transcript on 4/17/09
for People v. Guth and Yaguda
$16.31 Document Copies - FedEx Kinko's- copies and binding
$17.00 Document Copies- Ventura County Recorder
$30.00 Document Copies- Riverside County Recorder
$80.00 Document Copies- Santa Clara County Recorder
$11.00 Document Copies- Tulare County Recorder
$103.50 Document Copies- San Diego Superior Court- copying fees
$949.65 Document Copies- National Depo- Fresno Court Reporters;
transcript, copying and scanning
$13,359.41
OVERNIGHT DELIVERY SERVICE
4131.001 3/1/2009 $8.46 Overnight- to United Process Servers
4131.001 4/9/2009 $7.81 Overnight- to US Bankruptcy Court
4131.001 4/16/2009 $9.48 Overnight- to US Bankruptcy Court
4131.002 3/1/2009 $12.32 Overnight- to Bankruptcy Court
4131.002 3/1/2009
4131.002 311/2009
4131.002 3/1/2009
4131.002 3/3/2009
4131.002 3/6/2009
4131.002 3/6/2009
4131.002 4/1/2009
4131.002 4/3/2009
4131.002 4/7/2009
4131.002 4/13/2009
4131.002 511/2009
4131.002 5/1/2009
4131.002 5/15/2009
4131.002 6/3/2009
4131.002 6/4/2009
4131.002 6/18/2009
4131.002 7/1/2009
4131.002 7/1/2009
4131.002 7/1/2009
4131.002 7/1/2009
4131.002 7/1/2009
$116.33 Overnight- from Doss Law- document production (6 boxes)
$419.27 Overnight -from Bryan Cave LLP (46 boxes)
$16.45 Overnight- to United Process Servers
$7.77 Overnight- to US Bankruptcy Court
$19.88 Overnight- Heritage Oaks Bank documents to Daniel Noble
$28.80 Overnight- to Daniel Noble
$13.37 Overnight- to Daniel Noble
$25.20 Overnight- to First American Title Co.
$213.52 Overnight -Unlimited Attorney Services- copies of documents from
Department of Real Estate and Department of Corporations
$14.19 Overnight- Daniel R. Noble
$8.11 Overnight- Puccio
$72.13 Overnight- Puccio- five boxes
$8.38 Overnight -Kings County Clerk/Recorder- June 22, 2009
$8.38 Overnight- County Administration San Diego County
Clerk/Recorder - June 22, 2009
$8.38 Overnight- Los Angeles County Recorder- June 22, 2009
$8.38 Overnight- Santa Clara County Clerk/Recorder- June 22, 2009
$8.38 Overnight- Tulare County Clerk/Recorder- June 22, 2009
K:\EFI-EFMF Trustees\Collection\misc\2ndFeeApplExh2-080509 8/7/20099:32 AM
Total Costs by Category-- October 13, 2008-July 31, 2009
Client# Date
4131.002 7/1/2009
4131.002 7/1/2009
4131.002 7/1/2009
4131.002 7/6/2009
4131.002 7/10/2009
4131.117 6/1/2009
4131.118 3/3/2009
4131.121 2/28/2009
4131.136 3/1/2009
4131.136 3/1/2009
4131.136 3/1/2009
4131.136 3/11/2009
4131.136 4/1/2009
4131.136 7/16/2009
4131.137 3/3/2009
4131.137 3/3/2009
4131.137 3/3/2009
4131.137 3/6/2009
4131.137 4/1/2009
4131.141 711/2009
4131.151 6/1/2009
4131.151 6/1/2009
4131.151 6/1/2009
4131.151 6/1/2009
4131.151 6/1/2009
4131.151 6/1/2009
4131.151 6/1/2009
4131.151 6/1/2009
4131.151 6/9/2009
4131.151 7/7/2009
TOTAL
Amount Description
$8.38 Overnight- Fresno County Clerk/Recorder- June 22, 2009
$8.38 Overnight- Daniel Noble; LECG- June 25, 2009
$8.42 Overnight - Kings County Clerk/Recorder
$15.41 Overnight- Puccio
$8.38 Overnight- San Diego Superior Court
$7.92 Overnight- RESS Financial Corporation- Bruce Beasley
$7.77 Overnight -to Ann M. Blessing of Rogers Joseph O'Donnell
$7.28 Overnight- to Los Angeles County Register-Recorder on 1129/09
$7.28 Overnight - to San Diego County Superior Court
$7.71 Overnight - San Diego County Superior Court
$7.84 Overnight- to Steve and Mandana Gardality 2/25/09
$7.77 Overnight -to San Diego County Superior Court
$7.77 Overnight- to San Diego County Superior Court
$12.02 Overnight- San Diego Superior Court- copy of files
$7.81 Overnight- to Fresno County Sheriffs Dept.
$7.77 Overnight- to Fresno County Superior Court
$7.73 Qvernight- to Fresno County Superior Court
$12.83 Overnight- to Fresno County Sheriffs Dept.
$7.77 Overnight - to Fresno County Sheriffs Dept.
$11.18 Overnight - FedEx Kinko's, Fresno, CA - May 2 7, 2009
$7.96 Overnight- 750 Spencer Street, unit 1 or A- demand to pay rent to
$7.96 Overnight- 750 Spencer Street, unit 2 orB- demand to pay rent to
$7.96 Overnight- 750 Spencer Street, unit 3 or C- demand to pay rent to
$7.96 Overnight- 750 Spencer Street, unit 4 or D - demand to pay rent to
$17.96 Overnight- 750 Spencer Street, unit 5 orE- demand to pay rent to
$7.96 Overnight - 7 62 Spencer Street - demand to pay rent to party other
than landlord
$7.96 Overnight- 763 Spencer Street- demand to pay rent to party other
than landlord
$17.96 Overnight - 7 64 Spencer Street - demand to pay rent to party other
than landlord
$8.23 Overnight- Attorney Service of California
$8.38 Overnight- LECG
$1,384.66
FILING AND RECORDING FEES
4131.001 3/13/2009 $150.00 Filing and Recording Costs- McDaniel Shorthand Reporters, Inc.
4131.002 6/26/2009 $48.00 Filing and Recording Costs- Fresno County Clerk-Recorder-
document recording fees
4131.002 6/26/2009 $48.00 Filing and Recording Costs -Tulare County Clerk-Recorder-
4131.002 6/26/2009
$46.00 Filing and Recording Costs- San Diego County Clerk-Recorder-
K:\EFI-EFMF Trustees\Collection\misc\2ndFeeApp!Exh2-080509
8/7/20099:32 AM
Total Costs by Category-- October 13, 2008-_July 31,2009
Client# Date
4131.002 6/29/2009
4131.002 7/3/2009
4131.002 7/15/2009
4131.004 6/12/2009
4131.004 7/29/2009
4131.004 7/31/2009
4131.121 2/6/2009
4131.127 5/26/2009
4131.136 2/24/2009
4131.136 3/1/2009
4131.136 3/11/2009
4131.136 3/11/2009
4131.137 3/2/2009
4131.137 3/12/2009
4131.137 3/20/2009
TOTAL
Amount Description
$42.00 Filing and Recording Costs - Santa Clara County Clerk-Recorder-
document recording
$44.00 Filing and Recording Costs- Kings County Clerk-Recorder-
$48.00 Filing and Recording Costs -Los Angeles County Clerk/Recorder-
$350.00 Filing and Recording Costs- San Luis Obispo Superior Court Clerk-
first time filing fee
stipulation and order to continue hearing
motion
$24.00 Filing and Recording Costs -Los Angeles County Registrar-Recorder
substitution oftrustee and full reconveyance
$11.00 Filing and Recording Costs- San Luis Obispo County Recorder-
withdrawal of notice of lis pendens
$49.20 Filing and Recording Costs- Kenneth Paul Wysong- witness fees
$17.00 Filing and Recording Costs- San Diego County Clerk/Recorder-
parcel maps and property characteristics
$15.00 Filing and Recording Costs- San Diego County Superior Court-
issuance of writ of possession
$125.00 Filing and Recording Costs- San Diego County Sheriffs Department-
perform eviction
$125.00 Filing and Recording Costs- Fresno County Sheriffs Department-
service of writ of execution/notice of levy
$15.00 Filing and Recording Costs- Clerk ofthe Fresno County Superior
Court - issue writ of possession
$125.00 Filing and Recording Costs- Fresno County Sheriff- execution of a
writ of possession
$1,342.20
8/7/20099:32 AM
EXHIBIT 9
DAVID A. JUHNKE
Dave heads up the Litigation Practice Group and the multi-departmental Real Estate Practice
Group. Dave handles business and real estate litigation at the trial and appellate levels in both
state and federal court. He counsels businesses in employment and personnel matters, and
defends them in employment related disputes. He also advises individuals and businesses with
regard to real estate development issues. Dave Juhnke joined the firm in September 1986, and
became a principal in the firm on July 1, 1989.
Representative Accomplishments:
Obtained defense verdicts in a federal court jury trial alleging racial discrimination, and in a
state court jury trial alleging gender discrimination
Obtained a defense verdict in a state court trial seeking unpaid overtime for an exempt
employee
Obtained a plaintiff verdict in a multi-party jury trial invalidating a prescriptive easement
over local ranch land
Obtained a plaintiff verdict in a will contest based on undue influence of a caregiver
Obtained a state court verdict overturning an administrative decision on assessed valuation
for local industrial property
Successfully handled numerous appeals in both the state and federal appellate courts
Background:
Dave graduated with distinction from Stanford University in 1977, with honors in Political
Science. He graduated from UCLA Law School in 1980, where he extemed with United States
District Court Judge Laughlin E. Waters. Prior to joining the firm, Dave was associated with the
Los Angeles law firm of Manatt, Phelps, Rothenberg & Tunney. Dave has served as a Judge Pro
Tern in the County of Los Angeles Municipal Court and as a judicial arbitrator by assignment in
the County of San Luis Obispo Superior Court. Dave was a member of the San Luis Obispo
County Assessment Appeals Board from 1990-1997, and has chaired the boards of numerous
community and civic organizations.
Dave resides in San Luis Obispo with his wife Sharon and twin sons, Chris and Drew.
Professional Affiliations:
San Luis Obispo County Assessment Appeals Board, 1990-1997 (Member/Chair); San Luis
Obispo County Bar Association (Member); Los Angeles County Bar Association (Member);
California State Bar Fee Arbitration Panel (Member); San Luis Obispo County Bar Association
Fee Arbitration Panel (Member)
Community Contributions:
San Luis Obispo YMCA Board (Director/Chair); Economic Vitality Corporation of San Luis
Obispo County (Director/Vice Chair); Governing Board of Sierra Vista Regional Medical
Center (Director/Chair); San Luis Obispo County Air Transportation Alliance (Member/Vice
Chair); Rabobank Regional President's Advisory Council (Member); Friends of Prado Day
Center (Founder/Director); San Luis Obispo Chamber of Commerce, (Director/Board
Counsel/Chair); San Luis Obispo Literacy Council, (Director/Chair); San Luis Obispo Chapter
of the American Red Cross, (Director/Chair); San Luis Obispo Rotary de Tolosa (Member);
Leadership San Luis Obispo Class IV; Youth Sports Coach (Soccer, Basketball, and Baseball)
/
Roger joined the firm in January 2006 as an experienced trial attorney with more than fifteen
years of litigation experience in both federal and state courts. He represents clients in a wide
range of disputes including real property, construction law, business and insurance law.
Tried more than twenty jury trial cases to verdict
Has successfully represented numerous clients in real property related matters
Obtained judgment fmding insurance coverage in multi-million dollar case alleging
consumer fraud by healthcare provider and its subsidiary
Obtained defense verdict in case alleging breach of contract, breach of warranty, false
advertising, and consumer fraud by a marine hull manufacturer
Background:
Following his graduation from UCLA with a B.A. in Political Science and History, Roger served
in the U.S. Army and California Army National Guard. A 1992 graduate of the Pepperdine
School of Law, Roger has worked in both public and private practice, with a significant focus in
the areas of first party personal injury claims, commercial litigation, and insurance coverage
Issues.
During the course of his career, Roger has been associated with the Los Angeles County District
Attorney's office, the Redwood City law firm Ropers, Majeski, Kohn and Bentley, and the St.
Paul, Minnesota law firms of Larson King and Hansen, Dordell, Bradt, Odlaug & Bradt.
An avid swimmer and runner, Roger has competed in two marathons and numerous road race
and swim events. Roger, his wife Krista, and two daughters, Sarah and Anne, make their home in
San Luis Obispo.
Professional Mfiliations:
State Bar of California (Member); San Luis Obispo County Bar Association, Civil Litigation
Section (Member/Chair); Federal District Court for the Central and North Districts of California
(Member); Judge Advocate General of the California Army National Guard (Officer and Trial
Counsel)
Home Builders Association of the Central Coast (Member); Diversity Committee, San Luis
Obispo Chamber of Commerce (Member); San Luis Obispo Library Foundation (Member);
Graduate, San Luis Obispo Leadership Class XVI; American Legion (Member); Kiwanis
(Member)
KEVIN D. ELDER
Kevin Elder joined the firm in February 2008 as an experienced business counselor. He works in
the firm's business transactions department.
Counseled client and prepared franchise disclosure document to meet revised Federal
Trade Commission rules
Prepared form subcontractor and consultant agreements for national homebuilder
Counseled corporation through multiple stock purchase transactions, including due
diligence reviews and securities compliance
Counseled numerous small business owners in the formation and operation of
corporations and limited liability companies
Background:
Kevin received his law degree from Loyola of Los Angeles Law School, where he was a member
and later technical editor of the Loyola Law Review.
After obtaining his law degree in 1998, Kevin served as in-house counsel with Toyota Financial
Services, and also practiced with private firms in Orange County, California. In addition, Kevin
was an owner and general counsel to a new construction plumbing company that regularly
contracted with national residential builders in San Diego and Riverside counties.
Kevin is experienced in a variety of business areas, including the purchase and sale of
businesses, real estate transactions, office and retail leasing, corporate formation, and motor
vehicle dealer-manufacturer relations.
Kevin and his family live in San Luis Obispo, and enjoy cycling, soccer, the coast, and generally
being outdoors.
State Bar of California (Member); San Luis Obispo County Bar Association (Member)
Home Builders Association of the Central Coast (Membership Committee); Paso Robles
Chamber of Commerce (Member); San Luis Obispo Chamber of Commerce (Member);
AYSO Soccer (Coach); San Luis Obispo Rugby Football Club (Board Member); San Luis
Obispo County Bicycle Coalition (Board Member)
JOSHUA W. MARTIN
Joshua Martin joined the firm's civil litigation department in October 2007.
Background:
Following his graduation from Humboldt State University with a B.A. in English Literature and
History, Josh received his law degree from the University of Utah in 2003 where he was a
member, and later an editor, of the Utah Law Review. While in law school, he served as a
teaching assistant to first-year law students in legal writing and was designated a William H.
Leary Scholar based on his outstanding academic achievements.
After obtaining his law degree in 2003, Josh practiced criminal defense with the Salt Lake City
law firm of Rasmussen & Miner, where he obtained valuable courtroom experience while
defending dozens of criminal cases. Josh later moved on to civil practice, joining the prestigious
litigation boutique of Burbidge Mitchell & Gross, where Josh practiced commercial litigation.
While there, Josh participated in the defense and prosecution of several multi-million dollar
lawsuits.
Josh is also licensed to practice law in the State of Utah. Josh lives in Arroyo Grande with his
wife, Bonnie, and their son, Max.
Obtained summary judgment on behalf of landowner in easement dispute
Assisted in obtaining a $3.0 million jury verdict in a partnership dispute
Assisted in arguing and obtaining dismissal of claims against escrow officer and obtained an
award of attorneys' fees for client
Assisted in obtaining favorable settlement on behalf of patient in medical malpractice lawsuit
Successfully argued dispositive motions in several criminal matters
Participated in defending a major cosmetics company from unfair competition claims and
pursuing unfair competition claims on behalf of that company
State Bar of California (Member); San Luis Obispo County Bar Association (Member); San Luis
Obispo County Bar Association, Young Lawyers Section (Chairperson); California Young
Lawyers Association (Member); Utah State Bar (Member); American Bar Association (Member);
Humboldt State Alumni Association (Member)
CASA of San Luis Obispo (Child Advocate); High School Mock Trial (Judge); Bluegrass
Society of the Central Coast (Member); Central Coast Executive Networking Association
(Member)
GINA D. AXSOM
Gina D. Axsom assists the attorneys in business, real estate, employment and probate litigation.
She joined the firm in August 1987.
Background:
Gina graduated from California Polytechnic State University, San Luis Obispo, summa cum
laude with a B.A. in English in 1984, and obtained her Paralegal Certificate from Cal Poly, San
Luis Obispo, Extension.
Gina lives with her husband, Kevin and has 2 children, Alisha and Ian. Gina enjoys spending
time with family and friends, walking on the beach, hiking, gardening and reading.
Professional Afiiliations:
Central Coast Paralegal Association (Member/Past Board Member)
Hospice Partners of the Central Coast (Volunteer)
Morro Bay High School Athletic Boosters (Volunteer/Past Board Member)
Youth Sports Coach (Basketball)
MICHELE M. HEALEY
Michele M. Healey assists the attorneys in the areas of business litigation, corporate and business
matters. She joined the firm in June 2008.
Background:
Michele graduated from Long Beach State University with a B.A. degree in English Literature in
1983, and obtained her Paralegal Certificate from Cal Poly San Luis Obispo.
Michele lives with her husband in Arroyo Grande and has two grown daughters and a grown
step-son. Michele and her husband enjoy hiking all over the Central Coast, sport fishing in Cabo
San Lucas, and traveling.
Central Coast Paralegal Association (Member)
St. Patrick's Catholic Church since 1980 (Member)
NANCY L. DRISCOLL
Nancy L. Driscoll joined the firm in August 2003. She assists the attorneys with intellectual
property and business litigation matters.
Background:
Nancy graduated from California Polytechnic State University, San Luis Obispo, in 1988 with a
B.S. degree in Child and Family Development and obtained her Paralegal Certificate in 2004
:from Cal Poly Extended Education. Nancy resides in San Luis Obispo with her husband, Tim,
and daughters, Brenna and Allison.
Central Coast Paralegal Association (Member)
Girl Scouts ofthe U.S.A. (Member and Volunteer)
Alpha Chi Omega (Alumna)

In re: Estate Financial, Inc.

Debtor(s).

In re: Estate Financial Mortgage Fund, LLC

Debtor(s).
CHAPTER 11

CASE NUMBERS 9:08-bk-11457-RR and
9:08-bk-11535-RR

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
January 2009 F 9013-3.1

NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in Category I.
Proposed orders do not generate an NEF because only orders that have been entered are placed on the CM/ECF docket.

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:

PACHULSKI STANG ZIEHL & JONES LLP, 10100 Santa Monica Blvd., 11
th
Floor, Los Angeles, CA 90067

A true and correct copy of the foregoi ng document described as SECOND INTERIM FEE APPLICATION OF
SINSHEIMER JUHNKE LEBENS & MCIVOR, LLP, FOR APPROVAL OF POST-PETITION COMPENSATION AND
REIMBURSEMENT OF EXPENSES; DECLARATION OF ROGER B. FREDERICKSON, ESQ. 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 indicated
below:

I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF) Pursuant to controlling General
Order(s) and Local Bankruptcy Rule(s) (LBR), the foregoing document will be served by the court via NEF and hyperlink
to the document. On August 14, 2009, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding
and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission at the email
address(es) indicated below:

Service information continued on attached page

II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served):
On August 14, 2009, I served the following person(s) and/or entity(ies) at the last known address(es) 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/or with an overnight mail service 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.

Via Federal Express
The Honorable Robin Riblet
United States Bankruptcy Court
Central District of California
1415 State Street


III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate method for each person or
entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on I served the following
person(s) and/or entity(ies) by personal delivery, 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
the judge will be completed no later than 24 hours after the document is filed.


I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

8/14/09 Megan J. Wilson

/s/ Megan J. Wilson
Date Type Name Signature


Debtor(s).


Debtor(s).
CHAPTER 11

9:08-bk-11535-RR

January 2009 F 9013-3.1

I. SERVED VIA NEF

William C Beall on behalf of Debtor Estate Financial Inc
artyc@aol.com

Mark Bradshaw on behalf of Interested Party Karen Guth
mbradshaw@shbllp.com

Martin J Brill on behalf of Petitioning Creditor 1994 Scott Revocable Trust
mjb@lnbrb.com

James L Brunello on behalf of Creditor Stan Young
kateover66@yahoo.com

Jerome S Cohen on behalf of Creditor William Adams
jsc@jscbklaw.com

Caroline Djang on behalf of Interested Party Courtesy NEF
crd@jmbm.com

Joseph A Eisenberg on behalf of Interested Party Estate Financial Mortgage Fund, LLC
jae@jmbm.com

John D. Faucher on behalf of Plaintiff Foley-Gannon, Inc.
john@hurlbettfaucher.com

Brian D Fittipaldi on behalf of U.S. Trustee United States Trustee (ND)
brian.fittipaldi@usdoj.gov

John W Fricks on behalf of Creditor Consolidated Propertys
jfricks@ogdenfricks.com

Thomas M Geher on behalf of Interested Party Bradley Sharp
tmg@jmbm.com

Robert P Goe on behalf of Creditor MACC Foundation
kmurphy@goeforlaw.com

David Gould on behalf of Interested Party David Gould
dgould@davidgouldlaw.com

Jacqueline A Gruber on behalf of Creditor US BANK, NATIONAL ASSOCIATION
ecfcacb@piteduncan.com

Steven T Gubner on behalf of Creditor Committee Committee Of Unsecured Creditors
sgubner@ebg-law.com, ecf@ebg-law.com

Ralph P Guenther on behalf of Creditor Jack Montague


Debtor(s).


Debtor(s).
CHAPTER 11

9:08-bk-11535-RR

January 2009 F 9013-3.1

rguenther@montereylaw.com

Robert E Hurlbett on behalf of Creditor Foley-Gannon, Inc.
bob@hurlbettlaw.com

Brian M Kandel on behalf of Creditor Alvand Construction
brian.kandel@bookandbook.com

Jeffrey L Kandel on behalf of Trustee Thomas Jeremiassen
jkandel@pszjlaw.com

Lewis R Landau on behalf of Interested Party Estate Financial Mortgage Fund, LLC
lew@landaunet.com

rene Lastreto on behalf of Creditor Scott Drimmel
rl2@lrplaw.net

Leib M Lerner on behalf of Creditor Charles & Debra Applebaum
leib.lerner@alston.com

Samuel R Maizel on behalf of Trustee Thomas Jeremiassen
smaizel@pszjlaw.com, smaizel@pszjlaw.com

Frank F McGinn on behalf of Interested Party Iron Mountain Information Management Inc
ffm@bostonbusinesslaw.com

Byron Z Moldo on behalf of Creditor Highwater Granada Hills, LLC
bmoldo@ecjlaw.com, tmelendez@ecjlaw.com

Robert B Orgel on behalf of Debtor Estate Financial Inc
rorgel@pszjlaw.com, rorgel@pszjlaw.com

David M Poitras on behalf of Financial Advisor Development Specialists Inc
dpoitras@jmbm.com

Dean G Rallis Jr on behalf of Creditor Charles & Debra Applebaum
drallis@sulmeyerlaw.com

Edwin J Rambuski on behalf of Respondent James Kimball
rambuskilaw@sbcglobal.net

Paul F Ready on behalf of Creditor Lorraine Cagliero
tamara@farmerandready.com

Henry G Rendler on behalf of Creditor Conselho Supremo Da Sociedade Do Espirito Santo
henry@rendlerlaw.com

Martha E Romero on behalf of Creditor San Bernardino County Tax Collector
Romero@mromerolawfirm.com

Robyn B Sokol on behalf of Creditor Committee Committee Of Unsecured Creditors


Debtor(s).


Debtor(s).
CHAPTER 11

9:08-bk-11535-RR

January 2009 F 9013-3.1

ecf@ebg-law.com, rsokol@ebg-law.com

Peter Susi on behalf of Creditor Centennial Livestock
cheryl@msmlaw.com, peter@msmlaw.com

Peter Susi on behalf of Creditor Committee Official Equity Committee
cheryl@msmlaw.com, peter@msmlaw.com

ustpregion16.nd.ecf@usdoj.gov

Katherine M Windler on behalf of Creditor Bryan Cave LLP
katherine.windler@bryancave.com

Jennifer C Wong on behalf of Creditor Spondulix Company, Inc. and The Doctors Company
bknotice@mccarthyholthus.com

Jonathan R Zeko on behalf of Plaintiff Shelton Construction Company Inc
jzeko@grantandzeko.com

II. SERVED VIA OVERNIGHT MAIL

UNITED STATES TRUSTEE
Brian D. Fittipaldi, Esq.
128 E. Carillo Street

COUNSEL TO OFFICIAL COMMITTEE OF
CREDITORS HOLDING UNSECURED CLAIMS
IN THE EFI CASE
Larry Gabriel, Esq.
Robyn B. Sokol
Woodland Hills, California 91367

COMMITTEE OF EQUITY INVESTORS OF EFMF
Attnys for Equity Committee
Peter Susi
Michaelson Susi & Michaelson
7 W Figueroa St

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