EXHIBIT A

MILLER | LLP

LOS ANGELES
515 South Flower Street
Suite 2150
Los Angeles, California 90071
213.493.6400

TEL: 800.720.2126 | FAX: 888.749.5812

www.millerllp.com

Reply To:
Austa Wakily
Associate, Miller LLP
austa@millerllp.com

May 15, 2013

VIA FASCIMILI & EMAIL

David Blake Chatfield, Esq.
davidblakec@hotmail.com
Westlake Law Group
2625 Townsgate Road, Suite 330
Westlake Village, California 91361
Fax: (805) 267-1211

Re:
Date:
Location:
Case:

Edward A. Hoffman, Esq.

eah@hoffmanlaw.com
LAW OFFICES OF EDWARD A.
HOFFMAN
12301 Wilshire Boulevard, Suite 500
Los Angeles, California 90025
Fax: (310) 442-4600

Notice of Ex-Parte Application

May 16, 2013 at 8:30 a.m.
Los Angeles Superior Court, Dept. 24
Gaggero, et al v. Knapp, Petersen & Clarke, et al (BC286925)

Dear Counsel:
This provides notice that defendants and judgment creditors Knapp, Petersen & Clarke,
Steven Ray Garcia, and Andre Jardini will file an ex-parte application set for hearing tomorrow
May 16, 2013 at 8:30 am in department 24 before Judge Hess. The ex-parte application will seek
an order pursuant to Code of Civil Procedure 917.9(a)(3) to require the judgment debtors to post
an undertaking to stay enforcement of the Fourth Amended Judgment in the amount of
$155,090.70 plus post-judgment interest at the statutory rate. This ex-parte is necessary to protect
the judgment creditors liens and ability to enforce the judgment pending the outcome of the
appeal.
Please let me know if you plan to appear of object to the ex-parte application. The exparte is Tuesday morning May 16, 2012 at 8:30 am before Judge Hess in department 24 of the
Los Angeles Superior Court.

Sincerely,

MILLER | LLP

Austa Wakily <austa@millerllp.com>

Re: Notice of Ex-Parte - Gaggero v. KPC (BC 286925)

1 message
Edward A. Hoffman <eah@hoffmanlaw.com>
To: Austa Wakily <austa@millerllp.com>

Wed, May 15, 2013 at 4:28 PM

I'm obviously not going to agree to that, Austa. But you do have a choice. You've just chosen poorly.
My clients have proven that they are good for the money. You don't need a bond. You don't need liens. You don't even
need a regular, notice motion, much less an ex parte application. If your clients win the appeal from the fourth amended
judgment, my clients will pay. The idea that your situation is so dire that you have to go in ex parte tomorrow is ludicrous.

Edward A. Hoffman
Attorney
Certified Appellate Specialist | State Bar of California Board of Legal Specialization
LAW OFFICES OF EDWARD A. HOFFMAN
12301 Wilshire Boulevard, Suite 500 | Los Angeles, CA 90025
Phone: (310) 442-3600 | Fax: (310) 442-4600 | eah@hoffmanlaw.com

On 5/15/2013 4:06 PM, Austa Wakily wrote:

Ed,
If you want a continuance or to delay the ex-parte, then please agree that we can proceed with enforcement
and withdraw the Notice of Stay of Proceeding while this issue is resolved. We cannot agree to
accommodate your schedule while you are simultaneously demanding that we prejudice our clients interest
by withdrawing our liens in the Yura and Bunge case and the abstracts of judgments recorded in Los
Angeles and Ventura County. Unless you agree to the above we have no choice but to proceed with the exparte tomorrow.
Sincerely,
Austa
Aus ta Wa ki l y
As s oci a te
Mi l l er | LLP
Di rect: 213.493.6432
Fa x: 888.749.5812
a us ta @mi l l erl l p.com
www.mi l l erl l p.com

515 South Fl ower Street

Sui te 2150
Los Angel es , CA 90071-2201

This e-mail, including attachments, contains information that is confidential and it may be
protected by the attorney/client and other privileges. This e-mail, including attachments,
constitutes non-public information intended to be conveyed only to the designated
recipient(s). If you are not an intended recipient, please delete this e-mail, including any
attachments, and notify me by return mail, e-mail or call me at (213) 493-6432. The
unauthorized use, dissemination, distribution or reproduction of this e-mail, including

any attachments, is prohibited and may be unlawful.

On Wed, May 15, 2013 at 3:53 PM, Edward A. Hoffman <eah@hoffmanlaw.com> wrote:
Are you ignoring my latest email, Austa? I expect better from you. So does the court. I refer you to Appendix 3.A
of the L.A.S.C. Local Rules, which I have attached. Here is how it opens:

GUIDELINES FOR CIVILITY IN LITIGATION

(a) CONTINUANCES AND EXTENSIONS OF TIME.
(1) First requests for reasonable extensions of time to respond to litigation deadlines, whether
relating to pleadings, discovery or motions, should ordinarily be granted as a matter of courtesy unless
time is of the essence. A first extension should be allowed even if the counsel requesting it has
previously refused to grant an extension.
Edward A. Hoffman
Attorney
Certified Appellate Specialist | State Bar of California Board of Legal Specialization
LAW OFFICES OF EDWARD A. HOFFMAN
12301 Wilshire Boulevard, Suite 500 | Los Angeles, CA 90025
Phone: (310) 442-3600 | Fax: (310) 442-4600 | eah@hoffmanlaw.com

On 5/15/2013 1:10 PM, Edward A. Hoffman wrote:

That's disappointing, Austa, especially since you did not acknowledge my scheduling
needs.
I have a filing deadline today in another matter, as I explained last Friday in my EOT
application in B245114. What's more, there will be demolition work this evening in the
offices directly above mine, which will prevent me from working beyond 6:00 p.m. And I have
a lunchtime meeting scheduled in my office tomorrow; given that Judge Hess's calendars
often run long and he generally seems to hear ex partes last, I am concerned that I will not
be able to make it back in time.
In light of these factors, I again ask you to reschedule the hearing.

Edward A. Hoffman
Attorney
Certified Appellate Specialist | State Bar of California Board of Legal Specialization
LAW OFFICES OF EDWARD A. HOFFMAN
12301 Wilshire Boulevard, Suite 500 | Los Angeles, CA 90025
Phone: (310) 442-3600 | Fax: (310) 442-4600 | eah@hoffmanlaw.com

On 5/15/2013 1:01 PM, Austa Wakily wrote:

Ed,
The hearing will take place tomorrow May 16, 2013. The May 16 date is
referenced three times in the letter and twice in bold- this is hardly ambiguous.
We will not agree to rescind the notice on that basis In response to your

We will not agree to rescind the notice on that basis. In response to your
question, our ex-parte will not address whether the debtors are entitled to a
stay on appeal. Instead, we are requesting that the Court exercise its
discretion pursuant to Code of Civil Procedure section 917.9(a)(3) to require
the debtors to post a bond to stay enforcement of the judgment awarding
costs. The ex-parte relief is necessary to protect my clients interest in any
proceeds that they debtors may obtain from the Bunge lawsuit and their
security interest in real property owned by the debtors in Los Angeles County
and Ventura County while the appeal is pending.
Finally, in light of the demands made in your May 13, 2013 letter, we cannot
agree to delay the ex-parte. I would be happy to discuss this further if you
have any additional questions or comments.
Sincerely,
Austa
Aus ta Wa ki l y
As s oci a te
Mi l l er | LLP
Di rect: 213.493.6432
Fa x: 888.749.5812
a us ta @mi l l erl l p.com
www.mi l l erl l p.com

515 South Fl ower Street

Sui te 2150
Los Angel es , CA 90071-2201

This e-mail, including attachments, contains information that is confidential and it may be
protected by the attorney/client and other privileges. This e-mail, including attachments,
constitutes non-public information intended to be conveyed only to the designated
recipient(s). If you are not an intended recipient, please delete this e-mail, including any
attachments, and notify me by return mail, e-mail or call me at (213) 493-6432. The
unauthorized use, dissemination, distribution or reproduction of this e-mail, including
any attachments, is prohibited and may be unlawful.

On Wed, May 15, 2013 at 12:40 PM, Edward A. Hoffman

<eah@hoffmanlaw.com> wrote:
Dear Ms. Wakily,
Thank you for your ex parte notice. It says the hearing will take place on
"Tuesday, May 16", but May 16 will be a Thursday. Did you actually mean
next Tuesday, May 21? Either way, the notice is ambiguous, so it is
ineffective for tomorrow. I must therefore insist that you rescind the notice.
(Even if the notice had been effective, I would ask you to move the hearing
because of my own scheduling needs.)
I do plan to appear and oppose your application when and if you present it
to the court. But the application may not be necessary, since I am open to
persuasion. My May 13 letter explained why I believe there is an automatic
stay. You have not offered even a hint of why you disagree. Please
enlighten me.

Edward A. Hoffman

Attorney
Certified Appellate Specialist | State Bar of California Board of Legal
Specialization
LAW OFFICES OF EDWARD A. HOFFMAN
12301 Wilshire Boulevard, Suite 500 | Los Angeles, CA 90025
Phone: (310) 442-3600 | Fax: (310) 442-4600 | eah@hoffmanlaw.com

On 5/15/2013 9:53 AM, Austa Wakily wrote:

Counsel,
This is in response to the letter from Mr. Hoffman dated May
13, 2013. Please let me know if you have any questions.
Thanks,
Austa

Aus ta Wa ki l y
As s oci a te
Mi l l er | LLP
Di rect: 213.493.6432
Fa x: 888.749.5812
a us ta @mi l l erl l p.com
www.mi l l erl l p.com

515 South Fl ower Street

Sui te 2150
Los Angel es , CA 90071-2201

This e-mail, including attachments, contains information that is confidential and it may be
protected by the attorney/client and other privileges. This e-mail, including attachments,
constitutes non-public information intended to be conveyed only to the designated
recipient(s). If you are not an intended recipient, please delete this e-mail, including any
attachments, and notify me by return mail, e-mail or call me at (213) 493-6432. The
unauthorized use, dissemination, distribution or reproduction of this e-mail, including
any attachments, is prohibited and may be unlawful.

EXHIBIT B

EXHIBIT C

EXHIBIT D

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3
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RANDALL A. MILLER (Bar No. 116036)

AUSTA WAKILY
(Bar No. 257424)
MILLER LLP
515 South Flower Street, Suite 2150
Los Angeles, CA 90071-2201
Telephone: 800.720.2126
Facsimile: 888.749.5812
Attorneys for KNAPP, PETERSEN & CLARKE,
STEVEN RAY GARCIA, STEPHEN M. HARRIS,
and ANDRE JARDINI

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8
SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES SANTA MONICA

10

MILLER | LLP

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JOSE BUNGE, et al
Plaintiff,

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CASE NO.: SC100361

NOTICE OF AMENDMENT TO LIEN
FILED ON SEPTEMBER 4, 2012

v.
511 OFW LP, et al,
Defendants.

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18

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE THAT the total amount necessary to pay off the lien filed on

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September 4, 2012, in favor of Knapp, Petersen & Clarke, Steven Ray Garcia, Stephen M. Harris,

21

and Andre Jardini and against Stephen M. Gaggero, Pacific Coast Management, Inc., 511 OFW

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LP, Gingerbread Court LP, Malibu Broad Beach LP, Marina Glencoe LP, Blu House LLC,

23

Boardwalk Sunset LLC, Joseph Praske as the trustee of the Giganin Trust, Joseph Praske as the

24

trustee of the Arenzano Trust, and Joseph Praske as the trustee of the Aquasante Foundation, as of

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the date of this notice is $156,280.44 , previously $2,201,041.51. A copy of the Notice of Lien

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filed on September 4, 2012 is attached as Exhibit A to this Notice.

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-1NOTICE OF AMENDMENT TO LIEN FILED ON SEPTEMBER 4, 2012

Exhibit A

Page 1 of 1

NOTICE OF LIEN
ATTACHMENT-ENFORCEMENT OF JUDGMENT
EXHIBIT 1- JUDGMENT CREDITORS

Knapp, Petersen & Clarke

c/o Miller LLP,
515 South Flower Street, Suite 2150,
Los Angeles, California 90071
Steven Ray Garcia
c/o Miller LLP,
515 South Flower Street, Suite 2150,
Los Angeles, California 90071
Stephen M. Harris
c/o Miller LLP,
515 South Flower Street, Suite 2150,
Los Angeles, California 90071
Andre Jardini
c/o Miller LLP,
515 South Flower Street, Suite 2150,
Los Angeles, California 90071

Page 1 of 1

NOTICE OF LIEN
ATTACHMENT-ENFORCEMENT OF JUDGMENT
EXHIBIT 2- JUDGMENT DEBTORS
Stephen Gaggero
3501 Canada Larga Road
Ventura, California 93001

Blu House LLC

c/o Joseph Praske
2802 Santa Monica Blvd.
Santa Monica, California 90404

Pacific Coast Management, Inc.

c/o Joseph Praske
4790 Caughlin Pkwy, Ste. 236
Reno, Nevada 89509

Boardwalk Sunset LLC

c/o Joseph Praske
2802 Santa Monica Blvd.
Santa Monica, California 90404

511 OFW LP
c/o Joseph Praske
2802 Santa Monica Blvd.
Santa Monica, California 90404

Joseph Praske, trustee, Giganin Trust

2802 Santa Monica Blvd.
Santa Monica, California 90404

Gingerbread Court LP
c/o Joseph Praske
2802 Santa Monica Blvd.
Santa Monica, California 90404

Joseph Praske, trustee, Arenzano

Trust
2802 Santa Monica Blvd.
Santa Monica, California 90404

Malibu BroadBeach LP
c/o Joseph Praske
2802 Santa Monica Blvd.
Santa Monica, California 90404

Joseph Praske, trustee, Aquasante

Foundation
2802 Santa Monica Blvd.
Santa Monica, California 90404

Marina Glencoe LP
c/o Joseph Praske
2802 Santa Monica Blvd.
Santa Monica, California 90404

SERVICE LIST

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Max Blecher
Howard Alperin
BLECHER & COLLINS
515 South Figueroa Street, Suite 1750
Los Angeles, CA 90071-3334

Attorneys for Stephen M. Gaggero

Phone (213) 622-4222
Fax: (213) 622-1656
mblecher@blechercollins.com
kpeters@blechercollins.com
halperin@blechercollins.com

David Blake Chatfield, Esq.

WESTLAKE LAW GROUP
2625 Townsgate Road, Suite 330
Westlake Village, CA 91361

Attorney for Pacific Coast Management, Inc.,

511 OFW LP, Gingerbread Court LP, Malibu
Broad Beach LP, Marina Glencoe LP, Blu
House LLC, Boardwalk Sunset LLC, and
Joseph Praske as the Trustee of the Giganin
Trust, Arenzano Trust, and Aquasante
Foundation
Phone: (805) 267-1220
Fax:
(805) 267-1211
Email: davidblakec@hotmail.com

Edward A. Hoffman, Esq.

LAW OFFICES OF EDWARD A. HOFFMAN
12301 Wilshire Boulevard, Suite 500
Los Angeles, CA 90025

Attorney for Pacific Coast Management, Inc.,

511 OFW LP, Gingerbread Court LP, Malibu
Broad Beach LP, Marina Glencoe LP, Blu
House LLC, Boardwalk Sunset LLC, and
Joseph Praske as the Trustee of the Giganin
Trust, Arenzano Trust, and Aquasante
Foundation
Phone: (310) 442-3600
Fax:
(310) 442-4600
Email: eah@hoffmanlaw.com

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MILLER | LLP

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-2PROOF OF SERVICE
NOTICE OF AMENDMENT TO LIEN FILED ON SEPTEMBER 4, 2012

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5
6

RANDALL A. MILLER (Bar No. 116036)

AUSTA WAKILY
(Bar No. 257424)
MILLER LLP
515 South Flower Street, Suite 2150
Los Angeles, CA 90071-2201
Telephone: 800.720.2126
Facsimile: 888.749.5812
Attorneys for KNAPP, PETERSEN & CLARKE,
STEVEN RAY GARCIA, STEPHEN M. HARRIS,
and ANDRE JARDINI

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8
SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES CENTRAL DISTRICT

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MILLER | LLP

11
12

STEPHEN M. GAGGERO,
Plaintiff,

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CASE NO.:

BC286924

[Assigned for all purposes to Judge Richard E.

Rico, Department 17]

v.
KNAPP, PETERSEN & CLARKE,
STEVEN RAY GARCIA, STEPHEN M.
HARRIS, AND ANDRE JARDINI,

NOTICE OF AMENDMENT TO LIEN

FILED ON SEPTEMBER 4, 2012
Trial Date: October 1, 2013

Defendants.

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19

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

20

PLEASE TAKE NOTICE THAT the total amount necessary to pay off the lien filed on

21

September 4, 2012, in favor of Knapp, Petersen & Clarke, Steven Ray Garcia, Stephen M. Harris,

22

and Andre Jardini and against Stephen M. Gaggero, Pacific Coast Management, Inc., 511 OFW

23

LP, Gingerbread Court LP, Malibu Broad Beach LP, Marina Glencoe LP, Blu House LLC,

24

Boardwalk Sunset LLC, Joseph Praske as the trustee of the Giganin Trust, Joseph Praske as the

25

trustee of the Arenzano Trust, and Joseph Praske as the trustee of the Aquasante Foundation, as of

26

the date of this notice is $156,280.44 , previously $2,201,041.51. A copy of the Notice of Lien

27

filed on September 4, 2012 is attached as Exhibit A to this Notice.

28
-1NOTICE OF AMENDMENT TO LIEN FILED ON SEPTEMBER 4, 2012

Exhibit A

SERVICE LIST

1
2
3
4

Max Blecher
Howard Alperin
BLECHER & COLLINS
515 South Figueroa Street, Suite 1750
Los Angeles, CA 90071-3334

Attorneys for Plaintiff, Stephen M. Gaggero

Phone (213) 622-4222
Fax: (213) 622-1656
mblecher@blechercollins.com
kpeters@blechercollins.com
halperin@blechercollins.com

David Blake Chatfield, Esq.

WESTLAKE LAW GROUP
2625 Townsgate Road, Suite 330
Westlake Village, CA 91361

Attorney for Non-Party Witnesses Pacific

Coast Management, Inc., 511 OFW LP,
Gingerbread Court LP, Malibu Broad Beach
LP, Marina Glencoe LP, Blu House LLC,
Boardwalk Sunset LLC, and Joseph Praske as
the Trustee of the Giganin Trust, Arenzano,
Aquasante Foundation
Phone: (805) 267-1220
Fax:
(805) 267-1211
Email: davidblakec@hotmail.com

Edward A. Hoffman, Esq.

LAW OFFICES OF EDWARD A. HOFFMAN
12301 Wilshire Boulevard, Suite 500
Los Angeles, CA 90025

Appellate Attorney for Plaintiff, Stephen M.

Gaggero

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MILLER | LLP

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Attorney for Non-Party Witnesses Pacific

Coast Management, Inc., 511 OFW LP,
Gingerbread Court LP, Malibu Broad Beach
LP, Marina Glencoe LP, Blu House LLC,
Boardwalk Sunset LLC, and Joseph Praske as
the Trustee of the Giganin Trust, Arenzano
Trust, and Aquasante Foundation
Phone: (310) 442-3600
Fax:
(310) 442-4600
Email: eah@hoffmanlaw.com

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-2PROOF OF SERVICE
NOTICE OF AMENDMENT TO LIEN FILED ON SEPTEMBER 4, 2012