CitiCapital Commercial Corp v Mortgage Guarantee Collateral Acceptance Judgment 10 Feb 2004

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1111 III 11111111111111111San Francisco Superior Courts

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Document Scanning Lead SheetFeb-10-2004 10:29 am

Case Number: CPF-03-503708Filing Date: Feb-10-2004 10:27

Juke Box: 001 Image: 00889155COURT JUDGMENT-GENERAL

CORPORATION DBA FIRST VS. MORTGAGE GUARANTEE COLLATER

001C00889155

Instructions:Please place this sheet on top of the document to be scanned.


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MICHAEL J. BERTINETTI (State Bar No_ 56558)SEVERSON & WERSONA Professional CorporationOne Embarcadero Center, Suite 2600San Francisco, CA 94111Telephone: (415) 398-3344Facsimile: (415) 956-0439Attorneys for Petitioner,CITICAPIT AL COMMERCIAL CORPORATIONdba FIRST COLLATERAL SERVICES

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SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF SAN FRANCISCO

CITICAPIT AL COMMERCIAL )CORPORATION, dba FIRST COLLATERAL )SERVICES, ))Petitioner, ))vs. ))MORTGAGE GUARANTEE COLLATERAL)ACCEPTANCE AND MAHER E. SOLIMAN, ))Respondents. ))

Date:Time:Dept.:Petition filed:Trial date:

February 10,20049:30 a.m.302October 28, 2003Not Applicable

The Arbitration Award of J. Ernest Hartz, Esq., herein having been confirmed by Order of thisCourt on February 10, 2004, and good cause appearing therefore,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:1. The Arbitration Award, attached hereto as Exhibit 1, is confirmed as the Judgment of this

Court.2. Petitioner Citicapital Commercial Corporation dba First Collateral Services ("First

Collateral Services") shall recover monetary damages against Respondents MortgageGuarantee Collateral Acceptance and Maher E. Soliman, jointly and severally, in

0925010068/475517.1FINAL JUDGMENT


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1 conformity with the Award in the sum of One Million Five Hundred Ninety Thousand2 Dollars ($1,590,000).3 LET JUDGMENT BE FORTHWITH ENTERED ACCORDINGLY.45 DATED: February J!Z, 20046789

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1M ( ' ~ --By: ____ ~ ~ ~ ~ - - ~ = _ ~ ~ ~ - - - - - -Tljeon. Ronald E. QuidachayJudge of the Superior CourtR O N I ~ L D EVANS QUID,I),CH,tW

2DECLARATION OF MICHAEL 1. BERTINETT


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EXHIBIT 1


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MICHAEL J. BERTINETTI (State Bar No. 56558)KIMBERLYD. CHANG (State Bar No. (62844)2 SEVERSON & WERSONA Professional Corporation3 One Embarcadero Center, Suite 2600San FranCisco, CA 941114 Telephone: (415) 398-3344 .Facsimile:' (415) 956-04395

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Attorneys for Claimant FIRST COLLATERAL SERVICES, INC.as Successor in Interest to

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CITICAPITAL COMMERCIAL CORPORATIONdba FIRST COLLATERAL SERVICES

IN THE MAITER OF THE ARBITRAnO NBEFORE THE AMERICAN ARBITRATION ASSOCIATION

CITICAPITAL COMMERCIAL )CORPORATION, dba FIRST COLLATERAL)SERVICES, ))Claimant, ))

v,s. ))MORTGAGE GUARANTEE COLLATERAL)ACCEPTANCE AND MAHER E. SOLIMAN,))Respondents. )- - - - - - - - - - - - - - - - - - - - - - - - - - - - - )

Case No. 74 1480206102 TNCSTIPULATION FOR ENTRY OFARBITRATION AWARD, ANDAWARD THEREON

Arbitrator: J. Ernest Hartz, Esq.

18 STIPULATION FOR ENTRY OF ARBITRATION AWARD

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19 Claimant First Collateral Services, Inc., as successor in interest to Citicapital Commercia20 Corporation, dba First Collateral Services, and Respondents Mortgage Guarantee Collateral'21 Acceptance and Maher E. Sol iman, having entered into a Settlement Agreement pertaining to th22 matter, hereby stipulate as follows:23 1. The Arbitration Exhibits submitted by Claimant to the Arbitrator in this matter

. 24 may be received into evidence by the Arbitrator and form a sufficient basis for an A ward upon t25 Demand for Arbitration in (this case, dated November 19,2002.26 2. Claimant and Respondents stipulate and agree that the Arbitrator shall make and27 enter his Award in the form attached in favor of Claimant and against Respondents, jointly and28 1/1

EXHIB09250/0068/441867.1 STIPULATION FOR ENTRY OF ARBITRATION AwA


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severally, for monetary damages in the sum of One Million Five Hundred Ninety Thousand2 Dollars ($ I ,590,000).34 DATED: ~ r - - = . . : : : . . - C - : = : . . p . . - ~ ' ; - I - ' 200356789

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7DATED: _+-......;11___ 2003

'7/ ,IDATED: _+-L_____ 2003

09250/0068/441867.1

SEVERSON & WERSONA Professional CorporationB ~ ~ i ael J. Be . e t i ~ Attorneys for ClaimantFIRST COLLATERAL SERVICES, INC.,as Successor in Interest toCITICAPITAL COMMERCIAL CORPORAnONdba FIRST COLLATERAL SERVICES

MORTGAGE GUARANTEECOLLA TERAL ACCEPTANCE

- 2 - STIPULATION FOR ENTRY OF ARBITRATION AWA


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ARBITRATION AWARD2 The undersigned has been appointed Arbitrator in this matter in accordance with the3 Arbitration Agreements entered into by the above-named parties, dated May 27, 1998, being4 Paragraph 8(e)(I) of the Master Mortgage Loan Warehousing Agreement (Exhibit A to the5 Demand for Arbitration); Paragraph 15(1) of the Security Agreement (Exhibit B to the Demand6 for Arbitration); and Paragraph 11 (a) of the Continuing Guarantee (Exhibit C'to the Demand fo7 Arbitration). The matter was duly set for Hearing before the undersigned on ~ u g u s t 12 and 138 2003, due notice of said Hearing having been given to all parties. Notification having been giv9 to the undersigned of a settlement having been achieved between said Claimant and said

10 Respondents, said Hearing date was subsequently vacated by due Order of the undersigned.11 Having been duly sworn and have reviewed the Demand for Arbitration herein dated12 November 19, 2002, and having reviewed and considered the proofs and al legations of said13 Demand of Claimant First Collateral Services, Inc. as successor in interest to Citicapital14 Commercial Corporation, dba First Collateral Services, and the Arbitration Exhibits of said15 Claimant submitted herein; and the parties Claimant and Respondents having stipu lated to the16 making and entry of an Award in this matter; and the admitted evidence and arguments before17 being sufficient to support such an A ward; Award is therefore made as follows:18 .REASONED AWARD19 1. Claimant has submitted evidence sufficient to establish that it extended credit to20 Mortgage Guaranty Collateral Acceptance pursuant to a Master Mortgage Loan Warehousing

I21 Agreement of May 27, 1998, together with a Security Agreement of the same date. Credit was22 extended thereunder by Claimant as reflected in Monthly Billings submitted by Claimant and23 received into evidence by the Arbitrator. These facts are evidenced by Exhibits submitted into24 evidence by Claimant and reviewed by the Arbitrator.25 2. Claimant has also offered sufficient proof that Mortgage Guaranty Collateral26 Acceptance defaul ted in its obligations under the aforementioned agreements with Claimant an27 that an unpaid debt remains due from Mortgage Guarantee Collateral Acceptance of.28 approximately $1,590,000 as of May 30,2003, exclusive of attorneys' fees and costs incurred i

09250/0068/441867.1 -3- STIPULATION FOR ENTRY OF ARBITRATION AW


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this matter, all as shown in Exhibits submitted by Claimant, including Claimant's Monthly2 Billings to Mortgage Guaranty Collateral Acceptance.3 3. Claimant has offered sufficient proof that Respondent Maher E. Soliman, pursuan4 to a Continuing Guarantee marked as Exhibit C to the Demand for Arbitration herein, and5 received into evidence, guaranteed the aforesaid obligations of Mortgage Guarantee Collateral6 Acceptance.7 4. Based upon the foregoing, the undersigned FINDS in favor of C;laimant and again8 Respondents Mortgage Guaranty Collateral Acceptance and Maher E. Soliman, jointly and9 severally, and awards Claimant monetary damages against said Respondents jointly and severally

10 in the sum of One M i I I ~ o n Five Hundred Ninety Thousand Dollars ($1,590,000).11 5. This Award is in full resolution of all claims submitted to this Arbitration as between12 said Claimant and said Respondents. All claims not expressly granted relief herein are hereby13 denied.141516171819

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DATED:

09250/0068/441867.1

,2003r( ,\

- 4 - STIPULATION FOR ENTRY OF ARBITRATION AWA

CitiCapital Commercial Corp v Mortgage Guarantee Collateral Acceptance Judgment 10 Feb 2004

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