Free Motion to Enforce Judgment - District Court of California - California

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SAMPSON & ASSOCIATES Bryan D. Sampson, Esq. (#143143) Mary L. Fickel, Esq. (#221872) 2139 First Avenue San Diego, California 92101 Tel. (619) 557-9420 / Fax (619) 557-9425 [email protected] Attorneys for Judgment Creditor Richard A. Williamson

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA RICHARD WILLIAMSON, Successor Liquidating Trustee of Lipper Convertibles, LP, Plaintiff/Judgment Creditor, v. EDWARD STRAFACI, . Defendant/Judgment Debtor. Date: Time: Ctrm: Judge: July 14, 2008 10:30 a.m. 1 Hon. Irma E. Gonzalez. Case No. 07 MC 390 MOTION FOR AN ASSIGNMENT ORDER

TO ALL PARTIES: PLEASE TAKE NOTICE that Plaintiff/Judgment Creditor RICHARD WILLIAMSON, Successor Liquidating Trustee of Lipper Convertibles, L.P. (hereinafter "Creditor" and/or "Williamson"), will, and hereby does, move this Court, under Federal Rules of Civil Procedure, Rule 69, and California Code of Civil Procedure §708.510, for an order against Defendant/Judgment Debtor EDWARD STRAFACI (hereinafter "Debtor" and/or "Strafaci"): (1) Assigning any and all rights, title and interest of Debtor Strafaci in any money now due to him, or to become due in the future, from the class action lawsuit entitled Sheldon, Dubroff and Mervyn Klien, et al. v. Wren Holdings, LLC, et al., under San Diego Superior Court Case Number GIC879495, directly to Creditor Williamson until the amount remaining due on the $89,828.416.00 judgment, plus all accrued interest and costs thereon, is paid in full; and
1 Williamson v. Strafaci Case No. 07 MC 390 MOTION FOR AN ASSIGNMENT ORDER
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(2)

Directing Debtor to pay any and all money due, or to become due, under the assignment order, directly to Creditor until the amount remaining due on the $89,828.416.00 judgment, plus all accrued interest and costs thereon, is paid in full.

PLEASE TAKE FURTHER NOTICE that this motion is made pursuant to: 1. A criminal judgment entered by the United States District Court, Southern District of

New York, which was registered in this Court; 2. 3. Debtor Strafaci's refusal to voluntarily pay the judgment; Debtor Strafaci's interest in the Sheldon, Dubroff and Mervyn Klien, et al. v. Wren

Holdings, LLC, et al. class action case; 4. 5. 6. 7. intervention. PLEASE TAKE FURTHER NOTICE that this motion is based on this Notice and Motion, the pleadings, records and files int his action, the accompanying Memorandum of Points and Authorities, Exhibits and the Declarations of Richard A. Williamson and Bryan D. Sampson, and upon such further and other evidence as may be presented at or before the hearing on this motion. Respectfully submitted, DATED: May 23, 2008 SAMPSON & ASSOCIATES Federal Rules of Civil Procedure, Rule 69; California Code of Civil Procedure §708.510; On the grounds the judgment against Debtor is final and remains unsatisfied; and On the further grounds Creditor is unable to recover on his judgment absent judicial

By:

/s/ Bryan D. Sampson Attorneys for Judgment Creditor E-Mail: [email protected]

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SAMPSON & ASSOCIATES Bryan D. Sampson, Esq. (#143143) Mary L. Fickel, Esq. (#221872) 2139 First Avenue San Diego, California 92101 Tel. (619) 557-9420 / Fax (619) 557-9425 [email protected] Attorneys for Judgment Creditor Richard A. Williamson

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA RICHARD WILLIAMSON, Successor Liquidating Trustee of Lipper Convertibles, LP, Plaintiff/Judgment Creditor, v. EDWARD STRAFACI, . Defendant/Judgment Debtor. Date: Time: Ctrm: Judge: July 14, 2008 10:30 a.m. 1 Hon. Irma E. Gonzalez Case No. 07 MC 390 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR AN ASSIGNMENT ORDER

INTRODUCTION Plaintiff/Judgment Creditor RICHARD WILLIAMSON, Successor Liquidating Trustee of Lipper Convertibles, L.P. (hereinafter "Creditor" and/or "Williamson") hereby submits the following Memorandum of Points and Authorities in support of his Motion for an Assignment Order against Defendant/Judgment Debtor EDWARD STRAFACI (hereinafter "Debtor" and/or Strafaci") based upon the following facts and law. Creditor Williamson has a criminal restitution judgment entered by the United States District Court, Southern District of New York, which is registered in this Court, Debtor refuses to voluntarily pay the judgment, and Debtor holds an interest in the Sheldon, Dubroff and Mervyn Klien, et al. v. Wren Holdings, LLC, et al. class action case. Thus, an assignment order may issue under Federal Rules of Civil Procedure, Rule 69, and California Code of Civil Procedure §708.510, and on the grounds the judgment against Debtor is final and remains unsatisfied.
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FACTUAL BACKGROUND Debtor's Underlying Criminal Conduct. On August 11, 2004, Debtor Strafaci pleaded guilty to Count One, Securities Fraud, in violation of Title 15, United States Code, Sections 78j(b) and 78ff and Title 17, Code of Federal Regulations, Section 2.40.10b-5. See Exhibit "1" and Declaration of Richard Williamson. Debtor Strafaci had been employed at Lipper Holdings, LLC, an investment company made up of various partnerships, as an Executive Vice-President and Director of Fixed Income Money Management. See Exhibit "1" and Declaration of Richard Williamson. Debtor Strafaci was responsible for trading convertible securities, and determining and reporting values of the securities for the investors relating to two investment funds. Id. Specifically, Debtor Strafaci was required to prepare annual and quarterly reports to the investors outlining the investors' net profits and losses and the two funds. Id. The reports prepared by Debtor Strafaci were to be in compliance with Lipper Holdings, LLC's guidelines. Id. Debtor Strafaci was paid based upon the funds success. Id. However, during the course of his employment, Debtor Strafaci fraudulently overvalued the funds he was responsible to manage for his investors, causing the investors to believe their investments were growing rapidly, when they were actually losing money. See Exhibit "1" and Declaration of Richard Williamson. Between 1998-2001, Debtor Strafaci received over $4 Million in bonuses, based upon his fraudulent misrepresentation of the valuation of the funds. Id. In 2002, Debtor Strafaci abruptly quit his job at Lipper Holdings, LLC. Id. Soon after Debtor Strafaci's departure, Lipper Holdings, LLC discovered Debtor Strafaci's fraudulent overvaluation of the funds. Id. As a result of the foregoing, Lipper Holdings, LLC was forced to liquidate the funds. Creditor Williamson was appointed as the liquidating Trustee. Id. The Judgment in a Criminal Case. On May 26, 2005, after the criminal indictment of Debtor Strafaci, the United States District Court, Southern District of New York, entered a Restitution Order against Debtor Strafaci, in the principal sum of $89,828,416.00. See Court Records (Registration of Judgment in Another District) and Declaration of Richard Williamson. Creditor Williamson then registered the New York judgment in this Court on July 30, 2007. Id.
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Debtor's Interest in the Class Action Lawsuit. In the course of conducting investigation on Debtor Strafaci, Creditor Williamson learned Debtor Strafaci was a shareholder in Streaming Media Corporation. See Exhibit "2" and Declaration of Richard Williamson. Creditor Williamson further learned Debtor Strafaci was a Plaintiff member in a classaction lawsuit entitled Sheldon Dubroff and Mervyn Klein, et al. v. Wren Holdings, LLC, et al. (hereinafter "Sheldon Dubroff matter") in the Superior Court of California, County of San Diego, Case Number GIC8979495. See Exhibit "3" and Declarations of Richard Williamson and Bryan D. Sampson. The Sheldon Dubroff matter involves a class-action lawsuit filed on behalf of the shareholders of Nine Systems Corporation fka Streaming Media Corporation against Wren Holdings, LLC. It is currently being litigated in the California State Court. See Exhibit "3" and Declarations of Richard Williamson and Bryan D. Sampson. Upon conclusion of the Sheldon Dubroff class action matter, either through litigation or through settlement, Creditor Williamson anticipates Debtor Strafaci may receive monies from the suit. See Declaration of Bryan D. Sampson. Therefore, on August 8, 2007, Creditor Williamson filed a Notice of Lien in the Sheldon Dubroff matter. See Exhibit "4" and Declaration of Bryan D. Sampson. The Balance Due Under the Judgment. The balance due on the final New York judgment, as of the date of this motion, exceeds eightynine million, eight hundred twenty-eight thousand, four hundred sixteen dollars ( $89,828,416.00). See Court Records (the July 30, 2007, Registered Judgment). As a result of this matter, Debtor Strafaci is currently being held in a federal prison. He has disclosed no real or personal assets available to satisfy Creditor Williamson's judgment. He further fails and/or refuses to pay any monies toward this judgment, despite Creditor's reasonable meet and confer attempts. See Declarations of Richard Williamson and Bryan D. Sampson. Based upon the foregoing, Creditor Williamson requests the Court issue an Assignment Order requiring that any monies now due, or to become due in the future, to Debtor Strafaci from the Sheldon Dubroff matter to be assigned directly to Creditor Williamson. Creditor further requests the Order be valid until such time as the judgment is paid in full or the order is amended by the Court. See Exhibit "5" (proposed Assignment Order).
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LEGAL ARGUMENT The Court Has Proper Jurisdiction Over This Matter.

This Court has jurisdiction over this matter based upon the registration in this Court on July 30, 2007, of a final judgment entered in the United States District Court, Southern District of New York. 28 U.S.C. §1963; see also Court Records. The United States District Court, Southern District of New York has original jurisdictions over this matter under 28 U.S.C. §1331. Creditor's Judgment is based upon, inter alia, a restitution award arising out of Debtor's Securities Fraud. Id. B. The Court May Issue an Assignment Order.

Federal Rules of Civil Procedure Rule 69 addresses the enforcement of money judgments obtained in Federal Courts. Generally, the judgments are enforced under the laws of the state in which the Federal Court is held. See F.R.C.P. 69(a). In California, a judgment creditor may bring a motion for an assignment order against a judgment debtor's accounts receivable and all or part of a right to payment now due or to become due in the future. C.C.P. §708.510. An assignment order is designed to judicially assign rights to payments owed to a judgment debtor from a third party directly to the judgment creditor. All or part of a payment due, or to become due, may be ordered assigned, whether or not such right is conditioned upon future development. C.C.P. §708.510(a). The total amount of the assignment, however, is limited to the amount owed on the judgment. C.C.P. §708.510(d). C. Debtor's Receivables May be Assigned.

The types of rights to payment which may be assigned include, but are not limited to, accounts receivable, commissions, royalties, bonus plans, stocks, bonds, deferred compensation and/or insurance payments. See C.C.P. §708.510(a)(1)-(6); Comment to C.C.P. §708.510 & Ahart, Cal.Prac.Guide: Enforcing Judgment and Debts, §§6:1422 & 6:1423 (The Rutter Group 2007). As more fully set forth above, Debtor Strafaci is a Plaintiff class member and, therefore, has an interest in the Sheldon Dubroff matter. See Exhibits "2-3." Sometime in the future, Debtor Strafaci may receive monies from the Sheldon Dubroff matter. See Declaration of Bryan D. Sampson. Thus, the Court may order assignment of the right to payment in an amount necessary to pay off the judgment in full, including accrued interest.
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D.

An Assignment Order is Reasonable.

Moreover, an assignment of monies due, including from a pending lawsuit, is fair under the circumstances. Creditor is currently owed $89,282,416.00, plus post judgment interest and costs. See Court Records. Further, Debtor Strafaci has failed and/or refused to pay any portion of this debt. See Declaration of Bryan D. Sampson. Debtor Strafaci has no disclosed real or personal assets sufficient to satisfy this judgment. Id. This leaves Creditor with no ability to collect on this judgment absent judicial intervention. Although Creditor Williamson filed a Notice of Lien in Debtor Strafaci's class action lawsuit, the lien is only valid while the action is pending. If the matter settles out of court, or the action is dismissed prior to payment, the pending action lien is no longer valid. See C.C.P. §708.410(d). In order to fully secure Creditor's lien in the lawsuit, Creditor needs an assignment order issued. Therefore, it is reasonable and fair for the Court to order an assignment of interest in monies now due, or to become due in the future, to Debtor as set forth in the proposed Order. Otherwise, Creditor is left with no adequate remedy under the law to enforce the judgment. CONCLUSION Based upon the foregoing, Creditor respectfully request this Court grant the attached, proposed order against Debtor Strafaci as set forth at Exhibit "5." Respectfully submitted, DATED: May 23, 2008 SAMPSON & ASSOCIATES

By:

/s/ Bryan D. Sampson Attorneys for Judgment Creditor E-Mail: [email protected]

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SAMPSON & ASSOCIATES Bryan D. Sampson, Esq. (#143143) Mary L. Fickel, Esq. (#221872) 2139 First Avenue San Diego, California 92101 Tel. (619) 557-9420 / Fax (619) 557-9425 [email protected] Attorneys for Judgment Creditor Richard A. Williamson

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA RICHARD WILLIAMSON, Successor Liquidating Trustee of Lipper Convertibles, LP, Plaintiff/Judgment Creditor, v. EDWARD STRAFACI, Defendant/Judgment Debtor. I, Richard A. Williamson, declare: 1. I am an attorney licensed to practice law in the State of New York. I am also the Date: Time: Ctrm: Judge: July 14, 2008 10:30 a.m. 1 Hon. Irma E. Gonzalez Case No. 07 MC 390 DECLARATION OF RICHARD A. WILLIAMSON IN SUPPORT OF MOTION FOR AN ASSIGNMENT ORDER

Successor Liquidating Trustee of Lipper Convertibles, LP and, in such capacity, the Plaintiff/Judgment Creditor in this action against Debtor Edward Strafaci. 2. If called upon to testify, I could and would competently testify to the matters

contained herein based upon my personal knowledge. Exhibits 3. Attached to the Index of Exhibits at Exhibit "1" is a true and correct copy of Debtor

Strafaci's Criminal Indictment, dated October 23, 2003. 4. Attached to the Index of Exhibits at Exhibit "2" is a true and correct copy of Debtor

Strafaci's shareholder certificate for Streaming Media Corporation. 5. Attached to the Index of Exhibits at Exhibit "3" is a true and correct copy of the Sheldon

Dubroff and Mervyn Klein, et al. v. Wren Holdings, LLC, et al. class action complaint.
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6.

Attached to the Index of Exhibits at Exhibit "4" is a true and correct copy of the Notice

of Lien filed on August 8, 2007. 7. Attached to the Index of Exhibits at Exhibit "5" is a true and correct copy of Creditor's

proposed Assignment Order. Factual Background 8. Debtor Strafaci's Employment. Debtor Edward Strafaci ( "Debtor" and/or "Strafaci")

was employed as an Executive Vice-President and Director of Fixed-Income Money Management by an investment company that served as general partner of Lipper Convertibles, L.P. and several other limited partnership hedge funds. 9. Debtor Strafaci oversaw all aspects of the general partner's investment strategy and

functioned as the portfolio manager for two funds, including Lipper Convertibles. Among his duties, Debtor Strafaci determined values of the securities held by the funds, which were reported to the funds' investors. Reported net profits and losses for the funds were based on the valuations provided by Debtor Strafaci. Strafaci represented to management and the investors that, among other things, his valuations were performed in conformance with the limited partnership agreements of the funds, including the limited partnership agreement of Lipper Convertibles. 10. Debtor Strafaci was paid and given bonuses based, in part, upon the performance of these

two funds. In fact, between 1998-2001, Debtor Strafaci received $3.9 million in bonuses based, in part, on the "success" of these two funds. 11. On or about January 14, 2001, Debtor Strafaci abruptly announced to the general partner

he was leaving the firm. 12. Soon thereafter, the general partner discovered substantial deviations between the "bid

and ask" prices quoted by prominent convertibles securities market makers and the values assigned by Strafaci to the same securities before his departure. Upon investigation, it was learned Debtor Strafaci had fraudulently and artificially inflated the market value and performance of the funds since 1995. 13. As a result of the foregoing, the general partner was forced to inform the investors in

2002 that Lipper Convertibles' securities' portfolio was overstated by approximately 40%. In March 2002, the general partner announced it was dissolving Lipper Convertibles and the other fund, and
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shortly thereafter it liquidated all of the securities held by both funds. 14. The Criminal Indictment. On or about October 23, 2003, Debtor Strafaci was indicted

on four counts of stock fraud. On or about August 11, 2004, Debtor Strafaci entered a guilty plea to count one of the indictment for securities fraud in violation of Title 15, United States Code, Sections 78j(b) and 78ff and Title 17, Code of Federal Regulations, Section 10 b-5. 15. The Judgment in a Criminal Case.. On May 26, 2005, after Debtor's criminal

indictment and guilty plea, the United States District Court, Southern District of New York, entered judgment against Debtor. He was sentenced to a term of 72 months in prison and ordered to make restitution to the limited partners of Lipper Convertibles, in the amount of $89,828,416.00. 16. Registration of the Judgment. The New York Judgment was registered in this Court

on July 30, 2007. 17. Judgment Enforcement/Debtor Strafaci's Interest in the Class-Action Lawsuit. In

the course of my efforts to enforce the Judgment against Debtor Strafaci, I learned Debtor Strafaci was a shareholder in Streaming Media Corporation and he was a member of the class to be certified in a class-action lawsuit entitled Sheldon Dubroff and Mervyn Klein, et al. v. Wren Holdings, LLC, et al., in the Superior Court of California, County of San Diego, Case Number GIC8979495. 18. The Shedon Dubroff matter involves a class-action lawsuit filed on behalf of the

shareholders of Nine Systems Corporation fka Streaming Media Corporation against Wren Holdings, and is currently being litigated. 19. Upon conclusion of the Sheldon Dubroff matter, I understand Debtor Strafaci may be

entitled to payment of a portion of any recovery obtained in the Sheldon Dubroff class action. 20. Based upon the foregoing, I instructed my attorney of record in California to file a Notice

of Lien in the Sheldon Dubroff matter on August 8, 2007, which has been done. 21. The Judgment as of the date of this motion, exceeds $89,828,416.00. Debtor Strafaci has

thus far made only nominal payments toward satisfaction of this debt, in the amount of approximately $3,700.00. Debtor Strafaci is currently in federal prison as a result of his fraudulent conduct. He has not disclosed his financial holdings and appears to have no real or personal assets to pay the Judgment. I declare, under penalty of perjury under the laws of the United States, the foregoing is true
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SAMPSON & ASSOCIATES Bryan D. Sampson, Esq. (#143143) Mary L. Fickel, Esq. (#221872) 2139 First Avenue San Diego, California 92101 Tel. (619) 557-9420 / Fax (619) 557-9425 [email protected] Attorneys for Judgment Creditor Richard A. Williamson

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA RICHARD WILLIAMSON, Successor Liquidating Trustee of Lipper Convertibles, LP, Plaintiff/Judgment Creditor, v. EDWARD STRAFACI, . Defendant/Judgment Debtor. Date: Time: Ctrm: Judge: July 14, 2008 10:30 a.m. 1 Hon. Irma E. Gonzalez Case No. 07 MC 390 DECLARATION OF BRYAN D. SAMPSON IN SUPPORT OF MOTION FOR AN ASSIGNMENT ORDER

I, Bryan D. Sampson, declare: 1. I am an attorney licensed to practice law in the State of California, and before this Court.

I am a principal of Sampson & Associates, attorney's of record in California for Plaintiff/Judgment Creditor Richard Williamson, Liquidating Trustee of Lipper Convertibles, L.P. (hereinafter "Creditor" and/or "Williamson") in the above-captioned matter against Defendant/Judgment Debtor Edward Strafaci (hereinafter "Debtor" and/or "Strafaci") to enforce the judgment, in the sum of $89,828,416.00, entered by the United States District Court, Southern District of New York, which was registered in this Court on July 30, 2007. 2. If called upon to testify, I could and would competently testify to the matters contained

herein based upon my personal knowledge, except as to those matter stated upon information and belief, and as to those matters I am informed and believe and thereon allege that they are true and correct based upon my reasonable investigation.
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Exhibits Attached to the Index of Exhibits at Exhibit "1" is a true and correct copy of Debtor

Strafaci's Criminal Indictment. 4. Attached to the Index of Exhibits at Exhibit "2" is a true and correct copy of Debtor

Strafaci's shareholder certificate for Streaming Media Corporation. 5. Attached to the Index of Exhibits at Exhibit "3" is a true and correct copy of the Sheldon

Dubroff and Mervyn Klein, et al. v. Wren Holdings, LLC, et al. class action complaint. 6. Attached to the Index of Exhibits at Exhibit "4" is a true and correct copy of the Notice

of Lien filed on August 8, 2007. 7. Attached to the Index of Exhibits at Exhibit "5" is a true and correct copy of Creditor's

proposed Assignment Order. Factual Background I, on behalf of Creditor Williamson, conducted a thorough investigation on Debtor

Strafaci. I discovered Debtor Strafaci is, and at all relevant times was, a shareholder in Streaming Media Corporation. In addition, Debtor Strafaci is, and at all relevant times was, a Plaintiff in a class action lawsuit entitled Sheldon Dubroff and Mervyn Klein, et al. v. Wren Holdings, LLC, et al. ("Sheldon Dubroff matter") brought on behalf of shareholders of Nine Systems Corporation fka Streaming Media Corporation. The Dubroff matter is pending in San Diego Superior Court, case number GIC879495. 9. Based upon the foregoing, I registered the Creditor Williamson's United States District

Court, Southern District of New York, judgment in this Court. Creditor Williamson then filed a Notice of Lien in the Sheldon Dubroff matter on August 8, 2007, in the State Court. 10. 11. The judgment as of the date of this motion exceeds $89,828.416.00. I have attempted to meet and confer with Debtor to resolve this matter informally. He

has failed to respond to any of my communications. I declare, under penalty of perjury under the laws of the United States, the foregoing is true and correct. This declaration is executed this 22nd day of May 2008, in San Diego, California. By: /s/ Bryan D. Sampson Bryan D. Sampson, Esq.
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SAMPSON & ASSOCIATES Bryan D. Sampson, Esq. (#143143) Mary L. Fickel, Esq. (#221872) 2139 First Avenue San Diego, California 92101 Tel. (619) 557-9420 / Fax (619) 557-9425 [email protected] Attorneys for Judgment Creditor Richard A. Williamson

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA RICHARD WILLIAMSON, Successor Liquidating Trustee of Lipper Convertibles, LP, Plaintiff/Judgment Creditor, v. EDWARD STRAFACI, . Defendant/Judgment Debtor. Date: Time: Ctrm: Judge: July 14, 2008 10:30 a.m. 1 Hon. Irma E. Gonzalez Case No. 07 MC 390 INDEX OF EXHIBITS IN SUPPORT OF MOTION FOR AN ASSIGNMENT ORDER

Creditor Williamson submits the following documents to the Court. Exhibit "1" "2" "3" Description Criminal Indictment of Debtor Strafaci. Debtor Strafaci's Shareholder Certificate for Streaming Media Corporation. Sheldon Dubroff and Mervyn Klein, et al. v. Wren Holdings, LLC,e t al Class Action Complaint for: 1. Breach of Fiduciary Duty; and 2. Constructive Fraud. "4" "5" Notice of Lien filed on August 8, 2007. [Proposed] Assignment Order. Respectfully submitted, DATED: May 23, 2008 By: SAMPSON & ASSOCIATES /s/ Bryan D. Sampson Attorneys for Judgment Creditor E-Mail: [email protected]
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SAMPSON & ASSOCIATES Bryan D. Sampson, Esq. (#143143) Mary L. Fickel, Esq. (#221872) 2139 First Avenue San Diego, California 92101 Tel. (619) 557-9420 / Fax (619) 557-9425 [email protected] Attorneys for Judgment Creditor Richard A. Williamson

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA RICHARD WILLIAMSON, Successor Liquidating Trustee of Lipper Convertibles, LP, Plaintiff/Judgment Creditor, v. EDWARD STRAFACI, . Defendant/Judgment Debtor. Date: Time: Ctrm: Judge: July 14, 2008 10:30 a.m. 1 Hon. Irma E. Gonzalez Case No. 07 MC 390 PROOF OF SERVICE

DECLARATION OF SERVICE I, Natasha Yeakey, declare: I am a citizen of the United States and I am employed in the County of San Diego, State of California. I am over the age of 18 years and not a party to this action. My business address is 2139 First Avenue, San Diego, California, 92101. I further declare that I am readily familiar with the business practices of Sampson & Associates for service of documents, which documents served by facsimile are transmitted in and the original deposited with the United States Postal Service in our ordinary course of business on the same day, the documents served by mail are deposited with the United States Postal Service in the ordinary course of business the same day and that documents served personally, are delivered the same day. /// ///
1 Williamson v. Strafaci Case No. 07 MC 390 PROOF OF SERVICE
S:\Company Files\Clients - Open\Williamson v. Strafaci\Pleading\Assignment Order\POS.wpd

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