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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 GREEN & HALL, LLP MICHAEL J. PEPEK, State Bar No. 178238 2 [email protected] SAMUEL M. DANSKIN, State Bar No. 136044 3 [email protected] MICHAEL A. ERLINGER, State Bar No. 216877 4 [email protected] 1851 East First Street, 10th Floor 5 Santa Ana, California 92705-4052 Telephone: (714) 918-7000 6 Facsimile: (714) 918-6996 7 Attorneys for WESTERN NATIONAL CONSTRUCTION 8 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SANTA CLARA 12 13 CILKER APARTMENTS, LLC, CASE NO. 113CV258281 14 Plaintiff, DEFENDANT AND CROSS- COMPLAINANT WESTERN NATIONAL 15 vs. CONSTRUCTION'S NOTICE OF COMPLIANCE WITH THE CASE 16 WESTERN NATIONAL CONSTRUCTION, MANAGEMENT ORDER RE: DEPOSIT OF et al., EXPERT FILE 17 Defendants. DATE: June 6, 2016 18 JUDGE: Hon. Peter H. Kirwan 19 AND RELATED CROSS-ACTIONS DEPT.: 1 ACTION FILED: December 26, 2013 20 TRIAL DATE: July 11, 2016 21 22 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 23 Defendant and Cross-Complainant Western National Construction (“Western”), in 24 compliance with the Case Management Order, has electronically deposited the expert files of Paul 25 Habibi to the document depository, located at Aiken & Welch, 1 Kaiser Plaza, Suite 250, Street, 26 Oakland California 94612. 27 Please note that Western objects to the Case Management Order to the extent it calls for 28 the deposit and production of documents and/or information protected by the attorney-client DEFENDANT AND CROSS-COMPLAINANT WESTERN NATIONAL CONSTRUCTION'S NOTICE OF COMPLIANCE WITH THE CASE MANAGEMENT ORDER RE: DEPOSIT OF EXPERT FILE P:\DOCS\Western Nat.Cilker\Discovery\CMO Discovery Responses\WNC\Ntc.Prod.Habibi Expert File.docx 1 privilege and/or the attorney work product doctrine. Further, Western’s investigation and 2 discovery into the facts and circumstances involved in this matter is ongoing. To the extent such 3 investigation and discovery reveals information bearing upon Western’s response to the Case 4 Management Order, Western reserves the right to supplement and/or change its response. 5 Subject to and without waiving the foregoing objections, Western has produced all 6 relevant, responsive, non-privileged, non-publicly available documents within Western’s 7 possession, custody and control. 8 Attached as Exhibit "A" are the expert job files. The deposited documents are as follows: 9 Bates Range Description 10 WNC-GA 000001-000007 Habibi – CV 11 WNC-GA 000008 Documents Relied Upon 12 13 DATED: June 6, 2016 GREEN & HALL, LLP 14 15 Michael A. Erlinger 16 Attorneys for WESTERN NATIONAL CONSTRUCTION 17 18 19 20 21 22 23 24 25 26 27 28 2 DEFENDANT AND CROSS-COMPLAINANT WESTERN NATIONAL CONSTRUCTION'S NOTICE OF COMPLIANCE WITH THE CASE MANAGEMENT ORDER RE: DEPOSIT OF EXPERT FILE P:\DOCS\Western Nat.Cilker\Discovery\CMO Discovery Responses\WNC\Ntc.Prod.Habibi Expert File.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT "A" 28 3 DEFENDANT AND CROSS-COMPLAINANT WESTERN NATIONAL CONSTRUCTION'S NOTICE OF COMPLIANCE WITH THE CASE MANAGEMENT ORDER RE: DEPOSIT OF EXPERT FILE P:\DOCS\Western Nat.Cilker\Discovery\CMO Discovery Responses\WNC\Ntc.Prod.Habibi Expert File.docx Paul Habibi, CPA 149 South Barrington Avenue, Suite 705 Los Angeles, CA 90049 Telephone: (424) 256-6230 E-mail: [email protected] SUMMARY PROFILE Highly qualified and multi-faceted business professional and educator. Top-ranked, tenured lecturer at UCLA Anderson Graduate School of Management and UCLA School of Law, and successful real estate investor, developer and Certified Public Accountant (CPA). Extensive experience as expert witness, public speaker, consultant and Board member. REPRESENTATIVE EXPERT WORK IN LITIGATION (ATTORNEY REFERENCES AVAILABLE) Grayslake Advisors, LLC, Los Angeles, CA 2008-Present Principal and Founder • Provide expert testimony in matters related to real estate, securities, banking, finance, economics and accounting (for more information, visit http://www.GrayslakeAdvisors.com) • Representative cases include: Shasha v. Malkin Retained by Defendant Defendant’s Counsel: Dewey, Pegno & Kramarsky LLP American Arbitration Association Case No. 01-14-0001-6986 Represented defendants, the Malkin family and related entities, in a class action alleging the fraudulent and coerced conversion of ownership interests in the Empire State Building through a multi-billion dollar IPO that created Empire State Realty Trust, Inc., a publicly traded REIT (NYSE: ESRT) Art Cohen v. Donald J. Trump Retained by Plaintiff Plaintiff’s Counsel: Robbins, Geller, Rudman & Dowd LLP United States District Court, Southern District of California, Case No. 13-cv-2519-GPC-WVG Represented plaintiff in a civil RICO class action alleging a fraudulent educational scheme, Trump University, was employed by defendant Donald J. Trump to sell real estate seminars and mentorships and mislead student-victims under the Trump moniker United States Securities and Exchange Commission v. Loomis Wealth Solutions, et al. Retained by Plaintiff Plaintiff’s Counsel: United States Securities and Exchange Commission (SEC) United States District Court, Eastern District of California, Case No. S-10-458 KJM KJN Represented the SEC, in a case involving fraud and misappropriation of funds by a fund manager who syndicated capital for the origination of $10 million of residential junior mortgages; evaluated 120 home equity lines of credit and appraisals, noting that none of the properties had a deed of trust recorded in favor of the funds, and that even if they had, the loan-to-value ratios would have exceeded fund maximums; also opined on the inadequacy of investor guaranties; obtained summary judgment WNC-GA 000001 United States of America v. Lawrence “Lee” Loomis, et al. Retained by Plaintiff Plaintiff’s Counsel: United States Attorney’s Office United States District Court, Eastern District of California, Case No. 2:12-CR-00315-JAM Represented the United States Attorney’s Office and Federal Bureau of Investigation in a criminal case involving an alleged mortgage fraud conspiracy and large-scale Ponzi scheme in Northern California that victimized more than 100 people and caused more than $7 million of losses related to the sale of shares in a real estate investment program called the Naras Funds Rincon EV Realty, LLC, et al. v. CP Rincon Towers, Inc., et al. Retained by Plaintiff Plaintiff’s Counsel: David Boies of Boies, Schiller & Flexner LLP Superior Court, State of California, County of San Francisco, Case No. CGC 10-496887 Represented plaintiff, a multifamily property owner, in breach of contract, fraud and slander of title case against Maiden Lane Trust, Federal Reserve Bank of New York, BlackRock and Carmel Partners; evaluated potential refinancing/recapitalization alternatives that would have been available to plaintiff but for lender interference with the waterfall provisions of a $110 million senior bridge loan In re Estate Financial, Inc. Debtor/Thomas P. Jeremiassen, Ch. 11 Trustee v. Bryan Cave LLP, et al. Retained by Defendant Defendant’s Counsel: Gibson, Dunn & Crutcher LLP United States District Court, Central District of California, Case No. 9:08-bk-11457-PC Adversary Case No. 9-11-ap-01146-PC Represented defendant against bankruptcy trustee’s claims of professional negligence, breach of contract, and breach of fiduciary duty in connection with alleged damages of over $100 million to over 1,500 individual investors in Estate Financial, Inc. and Estate Financial Mortgage Fund Noble, et al. v. Greenberg Traurig, LLP, Wells Fargo Capital Finance, Inc., et al. Retained by Defendant Defendant’s Counsel: Fenwick & West LLP and Williams & Connolly LLP Superior Court, State of California, County of Alameda, Case No. RG11593201 Represented defendant against class action alleging breach of fiduciary duty, securities fraud, and misrepresentation that allegedly resulted in a loss of $700 million of investor capital; valued portfolio of hard money loans and provided opinions relating to the risk profiles of real estate development projects Border Business Park, Inc. v. City of San Diego Retained by Defendant Defendant’s Counsel: Latham & Watkins LLP Superior Court, State of California, County of San Diego, Central, Case No. 692794 Represented defendant against claims of inverse condemnation and breach of contract in connection with the development agreement of a 312-acre industrial parcel at Otay Mesa in the City of San Diego; performed detailed analysis of debt burden and valuation of entire parcel over a 30-year horizon D.T. Woodard, Inc., et al. v. United Parcel Service (UPS), et al. Retained by Defendant Defendant’s Counsel: Morrison & Foerster LLP WNC-GA 000002 Superior Court, State of California, County of Los Angeles, Case No. BC294647 Represented defendant against class action alleging false statements and omission of material facts in the conversion from the Mail Boxes Etc. (MBE) to the UPS franchise model, and claims that MBE franchisees suffered irreparable financial harm as a result of reliance on defendant’s negligent and intentional misrepresentations MJW Investments v. Sears Holding Company Retained by Defendant Defendant’s Counsel: Sheppard, Mullin, Richter & Hampton LLP Superior Court, State of California, County of Los Angeles, Case No. BC361451 JAMS Arbitration Case No. 1220040924 Represented defendant against claims of tortious interference and slander of title; performed residual land value analysis of historic 23-acre Sears development site in Boyle Heights district of Los Angeles The Irvine Company LLC, et al. v. California Pacific Homes, Inc., et al. (multiple cases) Retained by Defendant Defendant’s Counsel: Lorber, Greenfield & Polito LLP, Newmeyer & Dillion LLP, et al. (1) Oak Glen Apartments: Superior Court, State of California, County of Orange, Case No. 30-2011- 00438784-CU-CD-CXC (2) Quail Meadow Apartments: Superior Court, State of California, County of Orange, Case No. 30- 2012-00577644-CU-CD-CXC (3) Sycamores at North Park Apartments: Superior Court, State of California, County of Santa Clara, Case No. 1-12-CV-234522 (4) Somerset Apartments: Superior Court, State of California, County of Orange, Case No.
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