On November 02, 2020 a
Judgment
was filed
involving a dispute between
Honchariw, Nicholas,
Honchariw, Nicholas And Sharon,
Honchariw, Sharon,
and
Fjm Capital Inc,
Fjm Capital, Inc.,
Fjm Management, Llc,
Fjm Private Mortgage Fund, Llc,
for 11: Unlimited Petition re:Arbitration Award
in the District Court of Sonoma County.
Preview
KASEY DIBA, ESQ. (SBN 171081)
1 AMIR ALAVI, ESQ. (SBN 284085)
FINNEGAN & DIBA, A LAW CORPORATION
2 3660 Wilshire Boulevard, Suite 800
Los Angeles, California 90010
3 Telephone: (213) 480-0292
Facsimile: (213) 480-0805
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Attorneys for Respondents FJM Private Mortgage, LLC, FJM Capital, Inc. dba First Bridge Lending,
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FJM Management, LLC dba First Bridge Lending
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SONOMA
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In the Matter of the Arbitration between Case No.: SCV-267331
10 Nicholas and Sharon Honchariw,
RESPONDENTS’ OBJECTION TO
11 Petitioners PROPOSED JUDGMENT ON PETITION
TO VACATE ARBITRATION AWARD
12 vs.
13 FJM Private Mortgage Fund, LLC, FJM Capital,
Inc., dba First Bridge Lending, FJM
14 Management, LLC dba First Bridge Lending;
and DOES 1 through 5, inclusive,
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Respondents.
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RESPONDENTS’ OBJECTION TO PROPOSED JUDGMENT ON PETITION TO VACATE
ARBITRATION AWARD
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1 TO THE COURT, ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD:
2 Respondents FJM Private Mortgage Fund, LLC, FJM Capital, Inc. dba First Bridge Lending,
3 and FJM Management, LLC, dba First Bridge Lending (“Respondents”) submit the following
4 objections to Petitioners Nicholas and Sharon Honchariw’s Proposed Judgment:
5 Respondents object to Petitioners Proposed Judgment as Petitioners are not entitled to
6 attorney’s fees. See Trope v. Katz (1995) 11 Cal.4th 274, 5 Cal.Rptr.2d 241; 902 P.2d 259. “[A]n
7 attorney who chooses to litigate in propria persona and therefore does not pay or become liable to pay
8 consideration in exchange for legal representation cannot recover “reasonable attorney’s fees” under
9 Civil Code section 1717 as compensation for the time and effort he expends on his own behalf or for
10 the professional business opportunities he forgoes as a result of his decision. Id. at 292; see also PLCM
11 Group, Inc. v. Drexler (2000), 22 Cal.4th 1084, 1092. “Nor can an attorney acting in propria persona
12 receive compensation from his opponent “simply because the time he devotes to litigating a matter on
13 his own behalf has value.” Id. at 284-285, 292.
14 Petitioners’ Proposed Judgment should therefore be revised and resubmitted to reflect no
15 recovery for attorney fees as proposed.
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DATED: January 27, 2023 FINNEGAN & DIBA, A LAW CORPORATION
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By: _______________________________
19 KASEY DIBA, ESQ.
Attorney for Respondents.
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RESPONDENTS’ OBJECTION TO PROPOSED JUDGMENT ON PETITION TO VACATE
ARBITRATION AWARD
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PROOF OF SERVICE
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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
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I am employed in the County of Los Angeles, State of California. I am over the age of 18 and
3 not a party to the within action; my business address is: 3660 Wilshire Boulevard, Suite 800, Los
Angeles, California 90010.
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On the date herein below specified, I served the foregoing document described as set forth below
5 on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes, at Los
Angeles, California, addressed as follows:
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Date of Service: JANUARY 27, 2023
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8 Document(s) Served: RESPONDENTS OBJECTION TO PROPOSED JUDGMENT
9 Person(s) Served: GERACI LLP
STEVEN ERNEST, ESQ.
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90 DISCOVERY
11 IRVINE, CA 92618
S.ERNEST@GERACILLP.COM
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13 NICHOLAS HONCHARIW
429 DUBOIS LANE
14 P.O. BOX 1452
15 GENOA, NV 89411
NH@NHPART.COM
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(BY U.S. Mail) I enclosed the documents in a sealed envelope or package addressed to the
17 address above and deposited the sealed envelope with the United States Postal Service, with the postage
fully prepaid or placed the envelope for collection and certified mailing with return receipt, in a sealed
18 envelope with postage fully prepaid.
19 (BY OVERNIGHT DELIVERY) I enclosed the documents in an envelope or package provided
by an overnight deliver carrier and addressed to the persons at the addresses above. I placed the envelope
20 or package for collection and overnight delivery at an office or a regularly utilized drop box of the
overnight delivery carrier.
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(BY FAX) I faxed the documents to the persons at the fax numbers listed above. No error was
22 reported by the fax machine that I used.
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(BY MESSENGER SERVICE) I served the documents by placing them in an envelope or
24 package addressed to the addresses above and provided them to a professional messenger service for
personal service on this date.
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(BY PERSONAL SERVICE) I personally delivered by hand to the offices of the addressee(s).
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XX (BY EMAIL TRANSMISSION) I emailed a copy of the foregoing document(s) this date via
27 email to the email addresses shown above.
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PROOF OF SERVICE
XX (STATE) I declare under penalty of perjury under the laws of the State of California that the
1 above is true and correct.
2 EXECUTED at Los Angeles, California, on January 27, 2023
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Declarant, Rosalyn Truong
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PROOF OF SERVICE
Preview
KASEY DIBA, ESQ. (SBN 171081) 1 AMIR ALAVI, ESQ. (SBN 284085) FINNEGAN & DIBA, A LAW CORPORATION 2 3660 Wilshire Boulevard, Suite 800 Los Angeles, California 90010 3 Telephone: (213) 480-0292 Facsimile: (213) 480-0805 4 Attorneys for Respondents FJM Private Mortgage, LLC, FJM Capital, Inc. dba First Bridge Lending, 5 FJM Management, LLC dba First Bridge Lending 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 FOR THE COUNTY OF SONOMA 8 9 In the Matter of the Arbitration between Case No.: SCV-267331 10 Nicholas and Sharon Honchariw, RESPONDENTS’ OBJECTION TO 11 Petitioners PROPOSED JUDGMENT ON PETITION TO VACATE ARBITRATION AWARD 12 vs. 13 FJM Private Mortgage Fund, LLC, FJM Capital, Inc., dba First Bridge Lending, FJM 14 Management, LLC dba First Bridge Lending; and DOES 1 through 5, inclusive, 15 Respondents. 16 17 18 19 20 21 22 23 24 25 26 27 28 RESPONDENTS’ OBJECTION TO PROPOSED JUDGMENT ON PETITION TO VACATE ARBITRATION AWARD 1 1 TO THE COURT, ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD: 2 Respondents FJM Private Mortgage Fund, LLC, FJM Capital, Inc. dba First Bridge Lending, 3 and FJM Management, LLC, dba First Bridge Lending (“Respondents”) submit the following 4 objections to Petitioners Nicholas and Sharon Honchariw’s Proposed Judgment: 5 Respondents object to Petitioners Proposed Judgment as Petitioners are not entitled to 6 attorney’s fees. See Trope v. Katz (1995) 11 Cal.4th 274, 5 Cal.Rptr.2d 241; 902 P.2d 259. “[A]n 7 attorney who chooses to litigate in propria persona and therefore does not pay or become liable to pay 8 consideration in exchange for legal representation cannot recover “reasonable attorney’s fees” under 9 Civil Code section 1717 as compensation for the time and effort he expends on his own behalf or for 10 the professional business opportunities he forgoes as a result of his decision. Id. at 292; see also PLCM 11 Group, Inc. v. Drexler (2000), 22 Cal.4th 1084, 1092. “Nor can an attorney acting in propria persona 12 receive compensation from his opponent “simply because the time he devotes to litigating a matter on 13 his own behalf has value.” Id. at 284-285, 292. 14 Petitioners’ Proposed Judgment should therefore be revised and resubmitted to reflect no 15 recovery for attorney fees as proposed. 16 DATED: January 27, 2023 FINNEGAN & DIBA, A LAW CORPORATION 17 18 By: _______________________________ 19 KASEY DIBA, ESQ. Attorney for Respondents. 20 21 22 23 24 25 26 27 28 RESPONDENTS’ OBJECTION TO PROPOSED JUDGMENT ON PETITION TO VACATE ARBITRATION AWARD 2 PROOF OF SERVICE 1 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 2 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and 3 not a party to the within action; my business address is: 3660 Wilshire Boulevard, Suite 800, Los Angeles, California 90010. 4 On the date herein below specified, I served the foregoing document described as set forth below 5 on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes, at Los Angeles, California, addressed as follows: 6 Date of Service: JANUARY 27, 2023 7 8 Document(s) Served: RESPONDENTS OBJECTION TO PROPOSED JUDGMENT 9 Person(s) Served: GERACI LLP STEVEN ERNEST, ESQ. 10 90 DISCOVERY 11 IRVINE, CA 92618 S.ERNEST@GERACILLP.COM 12 13 NICHOLAS HONCHARIW 429 DUBOIS LANE 14 P.O. BOX 1452 15 GENOA, NV 89411 NH@NHPART.COM 16 (BY U.S. Mail) I enclosed the documents in a sealed envelope or package addressed to the 17 address above and deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid or placed the envelope for collection and certified mailing with return receipt, in a sealed 18 envelope with postage fully prepaid. 19 (BY OVERNIGHT DELIVERY) I enclosed the documents in an envelope or package provided by an overnight deliver carrier and addressed to the persons at the addresses above. I placed the envelope 20 or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. 21 (BY FAX) I faxed the documents to the persons at the fax numbers listed above. No error was 22 reported by the fax machine that I used. 23 (BY MESSENGER SERVICE) I served the documents by placing them in an envelope or 24 package addressed to the addresses above and provided them to a professional messenger service for personal service on this date. 25 (BY PERSONAL SERVICE) I personally delivered by hand to the offices of the addressee(s). 26 XX (BY EMAIL TRANSMISSION) I emailed a copy of the foregoing document(s) this date via 27 email to the email addresses shown above. 28 1 PROOF OF SERVICE XX (STATE) I declare under penalty of perjury under the laws of the State of California that the 1 above is true and correct. 2 EXECUTED at Los Angeles, California, on January 27, 2023 3 4 Declarant, Rosalyn Truong 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE