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SMALL CLAIMS COURT WORKSHEET Prepared on: April 17, 2012

PLAINTIFF INFORMATION. The person who will be completing the forms used to file suit in small claims court will need to know some personal information about the person or party who is making the claim and bringing the lawsuit ("Plaintiff"), including name, address, and county of residence. Plaintiff's Name: Doing business as: Address: County: Plaintiff's Status: Rob Mackabee RL Inc 440 Montgomery St. San Francisco, CA 94103 San Francisco Corporation

DEFENDANT INFORMATION. The person who will be completing the forms used to file suit in small claims court will need to know some personal information about the party a claim is being made against ("Defendant"), including name, address, and county of residence. Defendant's Name: Doing business as: Address: County: Defendant's Status: Dorian Rothschild Rothschild Developers 60 Arthur St. San Rafael, CA 94901 Marin Partnership

SMALL CLAIMS COURT SUITABILITY 1. Settlement Attempts. Phone call was made to Mr. Rothschild. Demand letter was sent to Rothschild Developers. Demand. A "demand letter", or substitute method, was given to the Defendant on: March 17, 2011. Response: Defendant was never available to talk over the phone, never returned calls, and eventually changed his phone number. 3. Ability to Collect from the Defendant. The likelihood that the Defendant is able to pay the judgment amount, if obtained, is: good because Defendants owns 2 residential properties as well as numerous high-end luxury vehicles.

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Statute of Limitation; Type of Claim. The incident/due date/breach of obligation which gave rise to the claim occurred on: January 19, 2011.

DAMAGES 1. Damages. The amount of the claim is as follows:

Property Damage: Fair Market Value Repair Estimate Loss of Use Property Damage Total Total Damages: 2.

$50,000.00 $25,000.00 $11,000.00 $36,000.00 $36,000.00

Maximum: The maximum claim allowed in Small Claims Court in California is 50000.

LIABILITY The Defendant is legally liable for the claim for the following reason(s): NEGLIGENCE. The Defendant owes damages to the Plaintiff because the Defendant: (a) Was neglect in: had a duty to build the roof of the apartment complex before the rains came, but failed to do so. (b) The Defendant's negligence caused the Plaintiff damages because: ruining the timber flooring and interior walls, thus resulting in the need to replace and rebuild the apartment complex (c) The Plaintiff's conduct: did not contribute to the Plaintiff's damages.

PROCEDURE 1. Where to File. The event which gave rise to this claim occurred in Marin County, CA. The Defendant lives/operates a business in Marin County, CA. The claim should be filed in San Francisco County, CA. The Small Claims Court Clerk's office is located at: Street: City: 3400 Civic Blvd. San Francsico

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Phone: 2.

(415) 459-7300

Obtain Forms. The Plaintiff should obtain the necessary forms from the court clerk, and take the appropriate steps, which may include: - Complaint: Pay filing fee. - Verification of Account. - Affidavit of Military Status. - Witness subpoena. Pay fee of $50.00. - Documents to attach. - Service of process. Pay fee of $40.00. - Certified mail. - Other: _________________

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Follow-Up Defendant Response. Initial Response. Defendant received notice on: April 03, 2012 Written "answer" (if required) filed on: April 10, 2012 Amount of money/property claimed is: $86,000.00. Date, time of court hearing is: July 27, 2012, 9:00 AM. Plaintiff should contact the clerk to verify that: - the Defendant received notice. - the Defendant has not successfully opposed the scheduled hearing date. - each involuntary witness has received a subpoena.

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PRE-HEARING SETTLEMENT

In the event that a settlement agreement is reached prior to the scheduled hearing, the following steps should be taken: Obtain a settlement form from clerk. Both parties must sign the form. Give the Settlement Agreement to the Judge at the hearing. The Judge will accept the Settlement and may enter an enforceable judgment accordingly.

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FINAL CHECKLIST PRIOR TO HEARING

Completed __________ __________ __________ __________ __________ __________ Has the Defendant been notified for the required number of days before the hearing? Does each witness know of the time and place to appear? Has each uncooperative witness received a subpoena? Has the court clerk been notified that the Plaintiff wishes to have a court reporter or have the proceedings taped (if desired)? Is the evidence prepared and ready? Have copies been made for the Plaintiff to retain? Is the Plaintiff familiar with the courtroom?

Courtroom Rules of Behavior __________ __________ __________ __________ __________ __________ __________ __________ Dress neatly. Be prepared. Approach the front of the courtroom and tell the Judge that the Plaintiff is present. Ask the Judge for a court reporter or to have the proceedings taped, if necessary. Address the judge as "Judge" or "Your Honor". Stand while talking to the Judge. Introduce self. Be polite at all times; address the Defendant appropriately.

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