1 2 3 4 5 6 7 8

9 10 11

12 LEONARD NORMAN COHEN, an individual, LEONARD COHEN

13 INVESTMENTS LLC, a Delaware Limited Liability Company,

14 15 16 17 18 19 20 21 22

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28 GIBSON, DUNN & CRUTCHER LLP SCOTT A. EDELMAN, SBN 116927 2029 Century Park East

Suite 4000

Los Angeles, California 90067

Telephone: (310) 55.2-8500 Facsimile: (310) 551-8741

Attorneys for Plaintiffs

LEONARD NORMAN COHEN and LEONARD COHEN INVESTMENTS, LLC

Original

FILED

LOS ANGELES SUPERIOR COURT

MAY 1 2 2006

JOHN A.. CLAR~

BY E~ORRES, DEPU'N

SUPERIOR COURT, STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

Plaintiff,

v.

KELLEY A. LYNCH, an individual; RICHARD A. WESTINf an individual; DOES 1 through 50, inc usive,

Defendants.

lO0003133_l.DOC

Case No. BC 338322

Hon. Kenneth R. Freeman, Dept. 64

NOTICE OF ORDER RE DEFAULT JUDGMENT

Complaint Filed:

Trial Date:

August 15, 2005 None

6

7 DATED: May 12, 2006

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9

10 11 12 13

14

GIBSON, DUNN & CRUTCHER LLP SCOTT A. EDELMAN

1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

2 PLEASE TAKE NOTICE that on May 9,2006, the Court held a hearing, without

3 appearances, that it entitled "Order to Show Cause Re: Dismissal for the Plaintiffs Failure to

4 Perfect the Default Judgment." The Court issued the attached minute order, a true and correct

5 copy of which is attached hereto as Exhibit A.

Atto eys for Plaintiffs

LEONARD NORMAN COHEN and LEONARD COHEN INVESTMENTS, LLC

100003133 I.DOC

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100003133_I.DOC

1

>.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

HONORABLE KENNETH R. FREEMAN

JUDGE E. A. FAJARDO

DEPT. 64

DATE: 05/09/06

DEPUTY CLERK

HONORABLE

JUDGE PRO TEM

ELECTRONIC RECORDING MONITOR

F. LOPEZ/C.A.

Deputy Sheriff'll M. MC INTYRE

Reporter

8:29 am BC338322

Plaintiff Counsel

LEONARD NORMAN COHEN ET AL VS

KELLEY A LYNCH ET AL

[NO APPEARANCES]

Defendant Counsel

RELATED TO BC341120

NATURE OF PROCEEDINGS:

ORDER TO SHOW CAUSE RE: DISMISSAL FOR THE PLAINTIFF' 8 FAILURE TO PERFECT THE DEFAULT JUDGMENTj

C/F 5/5/06

Matter is called for hearing and there are no appearances by or on behalf of the Plaintiff.

The Court rules as follows and as more fully reflected in the notes of the official court reporter which are incorporated herein by reference.

The Court will reduce the amount of damages to $5,OOO,OOO.OO(five-million dollars).

The Default Judgment is therefore GRANTED as follows:

GENERAL DAMAGES $5,000,000.00 PREJUDGMENT INTEREST $2,341,345.00 TOTAL JUDGMENT $7,341,345.00

Counsel for the Plaintiff is to prepare the Default Judgment as reflected above.

c~ounsel for the Plaintiff is to give notice to any ~arty entitled to notice.

=~j.

;~'. CLERK I S CERTIFICATE OF MAILING/

t~ NOTICE OF ENTRY OF ORDER

Page

1 of

2

DEPT. 64

MINUTES ENTERED 05/09/06

COUNTY CLERK

02

I:x·A

_ e'

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

HONORABLE KENNETH R. FREEMAN

JUDGE E. A. FAJARDO

DEPT. 64

DATE; 05/09/06

DEPUTY CLERK

HONORABLE

JUDGE PRO TEM

ELECTRONIC RECORDING MONITOR

F. LOPEZ/C.A.

Deputy Sheriff M. MC INTYRE

Reporter

8:29 am BC338322

Plaintiff Counsel

LEONARD NORMAN COHEN ET AL VS

KELLEY A LYNCH ET AL

[NO APPEARANCES]

Defendant Counsel

RELATED TO BC34ll2Q

NATURE OF PROCEEDINGS:

I, the below named Executive Officer/Clerk of the above-entitled court, do hereby certify that I am not a party to the cause herein, and that this date I served Notice of Entry of the above minute order of 05/09/2006 upon each party or counsel named below by depositing in the United States mail at the courthouse in L0S Angeles, California, one copy of the

original entered herein in a separate sealed envelope for each, addressed as shown below with the postage thereon fully prepaid.

Date: May 9, 2006

John

A. Cl~tive

Officer/Clerk

By:

E. . FAJARDO

GIBSON, DUNN & CRUTCHER SCOTT A. EDELMAN

2029 CENTURY PARK EAST LOS ANGELES CA 90067-3026

Page 2 of

2 DEPT. 64

. ::·'·"MINUT·ESENTERED": 05/09/06

COUNTY CLERK

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I am employed in Los Angeles, California; I am over the age of eighteen years and am not a party to this action; my business address is 2029 Century Park East, 40th Floor,

Los Angeles, California 90067. On May 12, 2006, I served the within:

by placing a copy thereof in an envelope addressed to each of the persons named below at the address shown:

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III III

DECLARATION OF SERVICE

I, Irma R. Guerra, declare as follows:

NOTICE OF ORDER RE DEFAULT JUDGMENT

Kelley A. Lynch

2648 Mandeville Canyon Road Los Angeles, CA 90049

BY MAIL: I placed a true copy in a sealed envelope addressed as indicated above, on the above-mentioned date. I am familiar with the firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.

BY PERSONAL SERVICE: I placed a true copy in a sealed envelope addressed to each person[s] named at the address[es] shown and giving same to a messenger for personal delivery before 5:00 p.m. on the above-mentioned date.

BY FACSIMILE: From facsimile machine telephone number (310) 551- 8741, on the above-mentioned date, I served a fun and complete copy of the above-referenced document[s] by facsimile transmission to the person[s] at the number[ s] indicated.

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BY OVERNIGHT MAIL: I placed a true copy in a sealed envelope addressed as indicated above, on the above-mentioned date. I am familiar

with the firm's practice of collection and processing correspondence for delivery by overnight mail. Pursuant to that practice, envelopes placed for collect ion at designated locations during designated hours are delivered to the. overnight mail service with a fully completed airbill, under which all delivery charges are paid by Gibson, Dunn & Crutcher LLP, that same day in the ordinary course of business.

(STATE)

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

(FEDERAL)

I declare under penalty of perjury that the foregoing is true and correct.

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05 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that the foregoing document was printed on recycled paper. This Declaration of Service was executed by me on May 12, 2006, at Los Angeles, California.