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San Francisco Superior Courts

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Feb-10-2004 10:29 am
Case Number: CPF-03-503708
Filing Date: Feb-10-2004 10:27
Juke Box: 001 Image: 00889155
COURT JUDGMENT-GENERAL
CORPORATION DBA FIRST VS. MORTGAGE GUARANTEE COLLATERAL
001C00889155
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MICHAEL J. BERTINETTI (State Bar No_ 56558)
SEVERSON & WERSON
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Telephone: (415) 398-3344
Facsimile: (415) 956-0439
Attorneys for Petitioner,
CITICAPIT AL COMMERCIAL CORPORATION
dba FIRST COLLATERAL SERVICES
-',i
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR 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 10,2004
9:30 a.m.
302
October 28, 2003
Not Applicable
The Arbitration Award of J. Ernest Hartz, Esq., herein having been confirmed by Order of this
Court 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 Mortgage
Guarantee Collateral Acceptance and Maher E. Soliman, jointly and severally, in
0925010068/475517.1
FINAL JUDGMENT
1 conformity with the Award in the sum of One Million Five Hundred Ninety Thousand
2 Dollars ($1,590,000).
3 LET JUDGMENT BE FORTHWITH ENTERED ACCORDINGLY.
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5 DATED: February J!Z, 2004
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0925010068/475517.1
1M
--
By: ____
Tljeon. Ronald E. Quidachay
Judge of the Superior Court
EVANS QUID,I),CH,tW
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DECLARATION OF MICHAEL 1. BERTINETTI
EXHIBIT 1
MICHAEL J. BERTINETTI (State Bar No. 56558)
KIMBERL YD. CHANG (State Bar No. (62844)
2 SEVERSON & WERSON
A Professional Corporation
3 One Embarcadero Center, Suite 2600
San FranCisco, CA 94111
4 Telephone: (415) 398-3344 .
Facsimile:' (415) 956-0439
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Attorneys for Claimant FIRST COLLATERAL SERVICES, INC.
as Successor in Interest to
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CITICAPITAL COMMERCIAL CORPORATION
dba FIRST COLLATERAL SERVICES
IN THE MA ITER OF THE ARBITRA nON
BEFORE 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 TNC
STIPULATION FOR ENTRY OF
ARBITRATION A WARD, AND
AWARD THEREON
Arbitrator: J. Ernest Hartz, Esq.
18 STIPULATION FOR ENTRY OF ARBITRATION AWARD
: i . ~ : t '.
19 Claimant First Collateral Services, Inc., as successor in interest to Citicapital Commercial
20 Corporation, dba First Collateral Services, and Respondents Mortgage Guarantee Collateral'
21 Acceptance and Maher E. Soliman, having entered into a Settlement Agreement pertaining to this
22 matter, hereby stipulate as follows:
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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 the
25 Demand for Arbitration in (this case, dated November 19,2002.
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2. Claimant and Respondents stipulate and agree that the Arbitrator shall make and
27 enter his Award in the form attached in favor of Claimant and against Respondents, jointly and
28 1/1
EXHIBIT 1
09250/0068/441867.1 STIPULATION FOR ENTRY OF ARBITRATION AwARD
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severally, for monetary damages in the sum of One Million Five Hundred Ninety Thousand
2 Dollars ($ I ,590,000).
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4 DATED: 2003
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DATED: _+-......;11 ___ ,2003
'7/ ,I
DATED: _+-L _____ ,2003
09250/0068/441867.1
SEVERSON & WERSON
A Professional Corporation
Mi ael J. Be .
Attorneys for Claimant
FIRST COLLATERAL SERVICES, INC.,
as Successor in Interest to
CITICAPITAL COMMERCIAL CORPORA nON,
dba FIRST COLLATERAL SERVICES
MORTGAGE GUARANTEE
COLLA TERAL ACCEPTANCE
- 2 - STIPULATION FOR ENTRY OF ARBITRATION AWARD
"
, ' '\
ARBITRA TION A WARD
2 The undersigned has been appointed Arbitrator in this matter in accordance with the
3 Arbitration Agreements entered into by the above-named parties, dated May 27, 1998, being
4 Paragraph 8(e)(I) of the Master Mortgage Loan Warehousing Agreement (Exhibit A to the
5 Demand for Arbitration); Paragraph 15(1) of the Security Agreement (Exhibit B to the Demand
6 for Arbitration); and Paragraph 11 (a) of the Continuing Guarantee (Exhibit C'to the Demand for
7 Arbitration). The matter was duly set for Hearing before the undersigned on ~ u g u s t 12 and 13,
8 2003, due notice of said Hearing having been given to all parties. Notification having been given
9 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 dated
12 November 19, 2002, and having reviewed and considered the proofs and allegations of said
13 Demand of Claimant First Collateral Services, Inc. as successor in interest to Citicapital
14 Commercial Corporation, dba First Collateral Services, and the Arbitration Exhibits of said
15 Claimant submitted herein; and the parties Claimant and Respondents having stipulated to the
16 making and entry of an Award in this matter; and the admitted evidence and arguments before me
17 being sufficient to support such an A ward; Award is therefore made as follows:
18 .REASONED AWARD
19 1. Claimant has submitted evidence sufficient to establish that it extended credit to
20 Mortgage Guaranty Collateral Acceptance pursuant to a Master Mortgage Loan Warehousing
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21 Agreement of May 27, 1998, together with a Security Agreement of the same date. Credit was
22 extended thereunder by Claimant as reflected in Monthly Billings submitted by Claimant and
23 received into evidence by the Arbitrator. These facts are evidenced by Exhibits submitted into
24 evidence by Claimant and reviewed by the Arbitrator.
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2. Claimant has also offered sufficient proof that Mortgage Guaranty Collateral
26 Acceptance defaulted in its obligations under the aforementioned agreements with Claimant and
27 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 in
09250/0068/441867.1 -3- STIPULATION FOR ENTRY OF ARBITRATION AWARD
this matter, all as shown in Exhibits submitted by Claimant, including Claimant's Monthly
2 Billings to Mortgage Guaranty Collateral Acceptance.
3 3. Claimant has offered sufficient proof that Respondent Maher E. Soliman, pursuant
4 to a Continuing Guarantee marked as Exhibit C to the Demand for Arbitration herein, and
5 received into evidence, guaranteed the aforesaid obligations of Mortgage Guarantee Collateral
6 Acceptance.
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4. Based upon the foregoing, the undersigned FINDS in favor of C;laimant and against
8 Respondents Mortgage Guaranty Collateral Acceptance and Maher E. Soliman, jointly and
9 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 between
12 said Claimant and said Respondents. All claims not expressly granted relief herein are hereby
13 denied.
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DATED:
09250/0068/441867.1
,2003
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- 4 -
STIPULATION FOR ENTRY OF ARBITRATION AWARD