EFTA00808158.pdf

ROADRUCK INVESTIGATIONS, INC STEVE ROADRUCK 12887 PLUMMER GRANT ROAD PRESIDENT JACKSONVILLE, FLORIDA 32258 EMAIL: MMEIIIM INI FAX: MEMORANDUM To: Richard Kahn From: Steve Roadruck Re: Hosain Rahman Date: 02/26/18 R-29-18 Hosain Rahman, DOB: SSN: 2171 Jackson Street, San Francisco, CA 94115 I have attached a Comprehensive Report which did not contain any negative information. I researched his name in the U.S. District Courts and found two civil cases. 2:16-cv-0035-JCL JP Morgan Chase Bank v. Rahman This is a default on a real property mortgage. Also named is Alicia Engstrom, who he lives with. The bank stated that Hosain Rahman defaulted on two Promissory Notes and was indebted in the amount of $9,287,674.45. EFTA00808158 Hosain Rahman was served at JawBone, 99 Rhode Island Street, 3" Floor, San Francisco, Ca 94103. I have attached the Complaint, Answer and docket sheet. The case was dismissed on 08/23/17. 3:12-cv-00655-JSW Aliphcom et al v John Doe It appears in this case Hosain's company was being harassed and defamed by other parties who were generating false face book pages and other computer fraud. The plaintiffs dismissed this case. I copied the docket and complaint. I checked Hosain Rahman in San Francisco and found a recent civil case which is still pending, Rahman is being sued by Protempo Limited who have made allegations of fraud. I copied what was available on line which includes the second amended complaint and the judges most recent order. I did an official records search and copied his index. He has had two notices of defaults in the last two years and the first notice was rescinded. I conducted a social media search. I did not find anything real negative. It just looks like he is having a hard time generating Capital. EFTA00808159  CLOSED,CONSMAG U.S. District Court District of Montana (Butte) CIVIL DOCKET FOR CASE #: 2:16-cv-00035-JCL JP Morgan Chase Bank v. Rahman et al Date Filed: 07/11/2016 Assigned to: Magistrate Judge Jeremiah C. Lynch Date Terminated: 08/23/2017 Cause: 28:1345 Foreclosure Jury Demand: None Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Diversity Plaintiff JP Morgan Chase Bank represented by Michael A. Monson HOLLAND & HART - BILLINGS 401 North 31st Street Suite 1500 Billies MT 59101-1277 Email: LEAD ATTORNEY ATTORNEY TO BE NOTICED Shane Coleman HOLLAND & HART - BILLINGS 401 North 31st Street Suite 1500 Billin MT 59101-1277 Fax: Email: LEAD ATTORNEY ATTORNEY TO BE NOTICED Adrian Ann Miller SULLIVAN MILLER LAW PLLC 3860 Avenue B, Suite C East Billin s• MT 59102 Fax: Email: TERMINATED: 03/03/2017 Michelle Millhollin Sullivan SULLIVAN MILLER LAW PLLC 3860 Avenue B, Suite C East Billin , MT 59102 Fax: Email: EFTA00808160  TERMINATED: 03/03/2017 V. Defendant Hosain Rahman represented by James Devlan Geddes an individual GOETZ, BALDWIN & GEDDES, M. 35 North Grand PO Box 6580 Bozeman MT 59771-6580 NNW= Fax: Email: LEAD ATTORNEY ATTORNEY TO BE NOTICED Trent M. Gardner GOETZ, BALDWIN & GEDDES, M. 35 North Grand PO Box 6580 Bozeman, MT 59771-6580 406-587-0618 Fax: 587-5144 Email: LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Alicia Engstrom represented by James l)cvlan Geddes an individual (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Trent M. Gardner (See above for address) LEAD ATTORNEY AlTORNEY TO BE NOTICED Date Filed # Docket Text 07/11/2016 1 COMPLAINT against Alicia Engstrom, Hosain Rahman, filed by JP Morgan Chase Bank a (Attachments: #1 Exhibit 1, # 2 Exhibit 2, # Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # ñ Exhibit 6, # 2 Civil Cover Sheet) (ELL, ) (Entered: 07/11/2016) 07/11/2016 2 Summons Issued as to Alicia Engstrom, Hosain Rahman. (ELL, ) Modified on 7/12/2016 to indicate that original summons were mailed to cnsl for service (ELL, ). (Entered: 07/11/2016) 07/11/2016 Filing fee: $ 400.00, receipt number 0977-1805598 (ELL, ) (Entered: 07/11/2016) 07/11/2016 1 Corporate Disclosure Statement by JP Morgan Chase Bank. (Sullivan, Michelle) (Entered: 07/11/2016) EFTA00808161 07/11/2016 4 NOTICE of Lis Pendens by JP Morgan Chase Bank (Sullivan, Michelle) (Entered: 07/11/2016) 07/13/2016 i PRELIMINARY PRETRIAL CONFERENCE ORDERPreliminary Pretrial Statement due by 10/11/2016. Joint Discovery Plan due by 10/11/2016. Statement of Stipulated Facts due by 10/11/2016. Pretrial Conference set for 10/18/2016 at 02:00 PM in Missoula, MT before Magistrate Judge Jeremiah C. Lynch. Signed by Magistrate Judge Jeremiah C. Lynch on 7/13/2016. (TXB, ) (Entered: 07/13/2016) 07/26/2016 4 SUMMONS Returned Executed by JP Morgan Chase Bank. Alicia Engstrom served on 7/14/2016, answer due 8/4/2016. (Sullivan, Michelle) (Entered: 07/26/2016) 07/26/2016 2 SUMMONS Returned Executed by JP Morgan Chase Bank. Hosain Rahman served on 7/14/2016, answer due 8/4/2016. (Sullivan, Michelle) (Entered: 07/26/2016) 08/19/2016 B NOTICE of Appearance by Trent M. Gardner on behalf of Alicia Engstrom, Hosain Rahman (Gardner, Trent) (Entered: 08/19/2016) • 08/19/2016 2 MOTION for Extension of Time to File Answer re 1 Complaint Unopposed Motion for Extension of Time Trent M. Gardner appearing for Defendants Alicia Engstrom, Hosain Rahman Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Text of Proposed Order) (Gardner, Trent) (Entered: 08/19/2016) 08/22/2016 IQ Mailing of Consent as Presiding Judge. Mailed electronically to counsel Trent M. Gardner, Michael A. Monson, Michelle Millhollin Sullivan, Adrian Ann MillerConsent/Objection to USMJ Form due by 9/9/2016. (ELL, ) (Entered: 08/22/2016) 08/22/2016 11 ORDER granting 2 Motion for Extension of Time to Answer All Defendants. Signed by Magistrate Judge Jeremiah C. Lynch on 8/22/2016. (TXB, ) (Entered: 08/22/2016) 09/02/2016 12 ANSWER to 1 Complaint by Alicia Engstrom, HoSain Rahman. (Gardner, Trent) (Entered: 09/02/2016) 09/02/2016 13 Mailing of Consent RE US Magistrate Judge. Mailed electronically to counsel Trent M. Gardner, Michael A. Monson, Michelle Millhollin Sullivan, Adrian Ann MillerConsent/Objection to USMJ Form due by 9/19/2016. (ELL, ) (Entered: 09/02/2016) 09/20/2016 14 CONSENTS TO USMJ. (ELL, ) (Entered: 09/20/2016) 09/20/2016 14 Clerk's Notice Upon Consent to USMJ. Case reassigned to Magistrate Judge Jeremiah C. Lynch (ELL, ) (Entered: 09/20/2016) 10/10/2016 14 Joint MOTION for Leave to Appear Telephonically Michelle Millhollin Sullivan appearing for Plaintiff JP Morgan Chase Bank (Attachments: # 1 Text of Proposed Order) (Sullivan, Michelle) (Entered: 10/10/2016) 10/11/2016 12 ORDER granting 16 Motion for Leave to Appear telephonically Signed by Magistrate Judge Jeremiah C. Lynch on 10/11/2016. (TCL, ) (Entered: 10/11/2016) 10/11/2016 la PRELIMINARY PRETRIAL STATEMENT by JP Morgan Chase Bank. (Sullivan; Michelle) (Entered: 10/11/2016) 10/11/2016 12 JOINT DISCOVERY PLAN by JP Morgan Chase Bank. (Sullivan, Michelle) (Entered: 10/11/2016) 10/11/2016 2Q STATEMENT OF STIPULATED FACTS by JP Morgan Chase Bank. (Sullivan, Michelle) (Entered: 10/11/2016) 10/11/2016 21 PRELIMINARY PRETRIAL STATEMENT by Alicia Engstrom, Hosain Rahman. (Geddes, James) (Entered:10/11/2016) EFTA00808162  10/18/2016 22 MINUTE ENTRYMinute Entry for proceedings held before Magistrate Judge Jeremiah C. Lynch: Initial Pretrial Conference (telephonic) held on 10/18/2016. (TXB, ) (Entered: 10/18/2016) 10/18/2016 21 SCHEDULING ORDER:. Bench Trial set for 6/12/2017 at 09:00 AM in Butte, MT before Magistrate Judge Jeremiah C. Lynch. Final Pretrial Conference set for 6/12/2017 at 09:00 AM in Butte, MT before Magistrate Judge Jeremiah C. Lynch. Amended Pleadings due by 11/4/2016. Discovery due by 4/7/2017. Motions due by 5/8/2017. Signed by Magistrate Judge Jeremiah C. Lynch on 10/18/2016. (TXB, ) (Entered: 10/18/2016) 03/03/2017 24 NOTICE of Substitution of Counsel - Shane P. Coleman - by JP Morgan Chase Bank (Coleman, Shane) (Entered: 03/03/2017) 04/17/2017 25 MOTION for Summary Judgment Shane Coleman•appearing for Plaintiff JP Morgan Chase Bank (Coleman, Shane) (Entered: 04/17/2017) 04/17/2017 2.6 Brief/Memorandum in Support re 25 MOTION for Summary Judgment filed by JP Morgan Chase Bank. (Coleman, Shane) (Entered: 04/17/2017) 04/17/2017 22 AFFIDAVIT/DECLARATION re 25 MOTION for Summary JudgMent , 2.€ Brief/Memorandum in Support - DECLARATION OF JOEY ORR IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT - by JP Morgan Chase Bank. (Attachments: # 1 Exhibit 1 - Original Term Promissory Note, # 2 Exhibit 2 - First Mortgage, # 2 Exhibit 3 - Original Grid Note, # 4 Exhibit 4 - Second Mortgage, # I Exhibit 5 - Modification to Original Term Promissory Note, # n Exhibit 6 - Amended and Restated Grid Note) (Coleman, Shane) (Entered: 04/17/2017) 04/17/2017 za Statement of Undisputed Fact re: 25 MOTION for Summary Judgment by JP Morgan Chase Bank filed by JP Morgan Chase Bank. (Attachments: # 1 Exhibit 1 - Original Term Promissory Note, # 2 Exhibit 2 - First Mortgage, #1 Exhibit 3 - Original Grid Note, # 4 Exhibit 4 - Second Mortgage, # 5 Exhibit 5 - Modification to Original Term Promissory Note, # fi Exhibit 6 - Amended and Restated Grid Note, # 2 Exhibit 7 - Excerpts from Depo of Hosain S. Rahman dated March 20, 2017) (Coleman, Shane) (Entered: 04/17/2017) 05/03/2017 22 Unopposed MOTION for Extension of Time to File Response/Reply Trent M. Gardner appearing for Defendants Alicia Engstrom, Hosain Rahman (Attachments: # 1 Text of Proposed Order) (Gardner, Trent) (Entered: 05/03/2017) 05/03/2017 30 TEXT ORDER granting 22 Motion for Extension of Time to File Response/Reply re 25 MOTION for Summary Judgment Responses due by 5/22/2017. Signed by Magistrate Judge Jeremiah C. Lynch on 5/3/2017. (TXB) (Entered: 05/03/2017) , 05/19/2017 11 Joint MOTION to Vacate Scheduling Order Trent M. Gardner appearing for Defendants Alicia Engstrom, Hosain Rahman (Attachments: # 1 Text of Proposed Order) (Gardner, Tkent) (Entered: 05/19/2017) 05/22/2017 32 TEXT ORDER. Pursuant to joint motion of the parties, the scheduling order in this matter, including the trial date, is vacated. And the pending motion for summary judgment is denied as moot. IT IS SO ORDERED Signed by Magistrate Judge Jeremiah C. Lynch on 5/22/2017. (Lynch, Jeremiah) (Entered: 05/22/2017) 08/17/2017 11 STATUS REPORT ORDER Status Report due by 8/31/2017. Signed by Magistrate Judge Jeremiah C. Lynch on 8/17/2017. (TXB) (Enteled::08/17/2017) 08/22/2017 14 STIPULATION of Dismissal WITHOUT PREJUDICE by JP Morgan Chase Bank. (Attachments:#.1 1 Text of Proposed Order) (Coleman, Shane) (Entered: 08/22/2017) 08/23/2017 35 ORDER DISMISSING CASE. Pursuant to the parties Stipulation, this matter is hereby EFTA00808163 I I dismissed without prejudice. Each party shall bear its own costs and fees. Signed by Magistrate Judge Jeremiah C. Lynch on 8/23/2017. (ELL) (Entered: 08/23/2017) PACER Service Center Transaction Receipt 0246/2018 09.15:13 PACER roadruck:2623271:0 Client Code: rjk Login: Search 2:16-cv-00035- Description: Docket Report Criteria: JCL Billable 4 Cost: 0.40 Pages: EFTA00808164  Case 2:16-cv-00035-JCL Document 12 Filed •09/02/16 Page 1 of 7 J. Devlan Geddes Trent M. Gardner GOETZ, BALDWIN & GEDDES, P. C. 36 North Grand P.O. Box 6580 Bozem - 80 Ph: Fax: Email: ATTORNEYS FOR DEFENDANTS IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION JP MORGAN CHASE BANK, Cause No. CV-16-35-BU-BMM-JCL Plaintiff, vs. DEFENDANTS' ANSWER TO COMPLAINT HOSAIN RAHMAN, an individual; and ALICIA ENGSTROM, an individual, Defendants. Defendants Hosain Rahman and Alicia Engstrom, through counsel, answer the Complaint of Plaintiff JP Morgan Chase Bank, in, as follows: 1. Defendants lack personal knowledge as to the truth of the allegations of paragraph 1 and therefore deny the same. EFTA00808165  Case 2:16-cv-00035-JCL Document 12 Filed 09/02/16 Page 2 of 7 2. Answering paragraph 2, Defendants admit they are the makers of certain notes and have granted certain mortgages, and deny the remainder of the allegations. 3. Admit paragraph 3. 4. Admit paragraph 4. 5. Admit paragraph 5. 6. Admit paragraph 6. 7. Admit paragraph 7. 8. Admit paragraph 8 and affirmatively assert that repayment of the loan was dependent on certain uncertain events, including sale of certain stock, and that Defendants entered the loan agreement with the understanding that, if those events did not occur, Plaintiff would work in good faith to extend the maturity date. 9. Admit paragraph 9. 10. Admit paragraph 10 and affirmatively assert that repayment of the loan was dependent on certain uncertain events, including sale of certain stock, and that Defendants entered the loan agreement with the understanding that, if those events did not occur, Plaintiff would work in good faith to extend the maturity date. 11. Admit paragraph 11. 12. Admit paragraph 12. 13. Admit paragraph 13 and affirmatively assert that repayment of the loan was dependent on certain uncertain events, including sale of certain stock, and -2- EFTA00808166  Case 2:16-cv-00035-JCL Document 12 Filed 09/02/16 Page 3 of 7 that Defendants entered the loan agreement with the understanding that, if those events did not occur, Plaintiff would work in good faith to extend the maturity date.. 14. Defendants lack personal knowledge as to the truth of the allegations of paragraph 14 and therefore deny the same. 15. Answering paragraph 15, admit that the Notes have not been repaid in full due to the non-occurrence of certain events which were required for repayment. Defendants affirmatively state that Plaintiff was aware that repayment was dependent on the occurrence of certain events which Plaintiff knew were uncertain and that Plaintiff represented that, if such events did not occur, Plaintiff would work in good faith with Defendants to extend the repayment terms. Defendants have failed to do so and have, instead, made unreasonable demands on Defendants in return for extending the maturity dates or forebearing. Deny any remaining allegations. COUNT ONE (Judgment Against Borrowers on the Notes) 16. Defendants incorporate the answers to the preceding paragraphs as though fully.set forth herein. 17. Answering paragraph 17, admit that the Notes have not been paid pursuant to their terms, but affirmatively state Defendants have failed to work in good faith to allow repayment and deny any remaining allegations. 18. Defendants lack personal knowledge as to the allegations of paragraph 18 sufficient to form a believe as to their truth and therefore deny the same. -3- EFTA00808167  Case 2:16-cv-00035-JCL Document 12 Filed 09/02/16 Page 4 of 7 19. Defendants lack personal knowledge as to the allegations of paragraph 19 sufficient to form a believe as to their truth and therefore deny the same. 20. Defendants lack personal knowledge as to the allegations of paragraph 20 sufficient to form a believe as to their truth and therefore deny the same. 21. Defendants lack personal knowledge as to the allegations of paragraph 21 sufficient to form a believe as to their truth and therefore deny the same. 22. Answering paragraph 22, admit Plaintiff has made demand and that a notice of default was sent, but affirmatively state Defendants have failed to work in good faith to allow repayment and deny any remaining allegations. 23. Answering paragraph 23, admit the Notes contain an attorneys' fees provision and deny all remaining allegations. 24. Answering paragraph 24, admit that interest continues to accrue on the Notes and deny all remaining allegations. 25. Defendants lack personal knowledge as to the truth of the allegations of paragraph 25 and therefore deny the same. COUNT TWO (Foreclosure of the Mortgages) 26. Defendants incorporate the answers to the preceding paragraphs as though fully set forth herein. 27. Answering paragraph 27, admit that the First Mortgage secured performance of obligations under the Term Promissory Note and that failure to comply with the terms of the Term Promissory Note can constitute default under the First. Mortgage. Deny all remaining allegations. -4- EFTA00808168  C.J.0- tAI-LAAAID-J14 / 0L uocumeni it rnea U/UL/les rage 5 or 28. Answering paragraph 28, admit that the Second Mortgage secured performance of obligations under the Grid Time Promissory Note and that failure to comply with the terms of the Grid Time Promissory Note can constitute default. under the Second Mortgage. Deny all remaining allegations. 29. Answering paragraph 29 admit that amounts owed under the Notes have not been paid and deny the remainder of the allegations. 30. Answering paragraph 30, admit that certain occurrences of default under the First Mortgage or Second Mortgage, without cure, allow Plaintiff to foreclose the mortgages judicially. Deny all remaining allegations. 31. Defendants lack personal knowledge as to the truth of the allegations of paragraph 31 and therefore deny the same. 32. Deny paragraph 32. 33. Defendants lack personal knowledge as to the truth of the allegations of paragraph 33 and therefore deny the same. 34. Deny paragraph 34. 35. Deny paragraph 35. 36. Deny all allegations not specifically admitted above. AFFIRMATIVE DEFENSES 1. Breach of dutyof good faith and fair dealing and fiduciary duties: Plaintiff and/or its affiliates/subsidiaries, have a special relationship with Defendants, including advising him on financial dealings, especially with respect to AliphCom ("Jawbone"), the company of which Defendant Rahman is the CEO. -5- EFTA00808169  Case 2:16-cv-00035-JCL Document 12 Filed 09/02/16 Page 6 of 7 Indeed, Plaintiff and/or its affiliates/subsidiaries have invested hundreds of millions of dollars in Jawbone and are intimately familiar with Jawbone. Plaintiff knew when entering into the Notes that repayment of the Notes was dependent on Defendants selling shares in Jawbone, and that there was uncertainty regarding whether such sale could be accomplished within the original maturity dates for the Notes. Despite this knowledge, Plaintiff still entered into the Notes with Defendants. Plaintiff had a fiduciary duty to its clients to not place them into a loan with payment terms that could not be met. Further, when Plaintiff decided to enter into the Notes despite its knowledge as to uncertainty of repayment, it had a duty of good faith and fair dealing to work with Defendants, in good faith, to modify the Notes to allow additional time for repayment if the events necessary for repayment did not occur. In fact, the events necessary for repayment did not occur and, instead of working with Defendants in good faith, Plaintiff made unreasonable demands upon Plaintiff for an extension of, or forebearance on, the Notes. 2. Reservation of Rights. Defendants reserves the right to add and/or withdraw affirmative defenses as discovery proceeds in this matter and additional information is uncovered. PRAYER FOR RELIEF WHEREFORE, Defendants requests an order of the Court: 1. Dismissing the Complaint, with prejudice: 2. Awarding Defendants their attorneys' fees and costs; and 3. Granting such other relief as the Court deems appropriate. -6- EFTA00808170  Case 2:16-cv-00035-JCL Document 12 Filed 09/02/16 Page 7 of 7 DATED this 2" day of September, 2016. /s/ Trent M Gardner GOETZ, BALDWIN & GEDDES, P. C. Attorneys for Defendants -7- EFTA00808171 . EFTA00808172  ADRMOP,CLOSED U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:12-cv-00655-JSW Aliphcom et al v. Doe Date Filed: 02/09/2012 Assigned to: Hon. Jeffrey S. White Date Terminated: 09/27/2012 Cause: 28:1331 Fed. Question Jury Demand: None Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question Plaintiff Aliphcom represented by Holly Gaudreau a California Corporation Kilpatrick Townsend & Stockton LLP Two Embarcadero Center Suite 1900 San Francisco, CA 94111-3834 415-576-0200 Fax: 415-576-0300 Email: hgaudreau©IdIpatricktownsend.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Jennifer Diane Arkowitz Kilpatrick Townsend & Stockton LLP 2 Embarcadero Center 8th Floor San Francisco, CA 94111-3834 (415) 576-0200 Fax: (415 576-0300 Email: LEAD ATTORNEY ATTORNEY TO BE NOTICED Timothy R. Cahn Kilpatrick Townsend & Stockton LLP Two Embarcadero Center 8th Floor San Francisco, CA 94111 415-576-0200 Fax: 415-576-0300 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Ryan T. Bricker Kilpatrick Townsend and Stockton LLP Two Embarcadero Center Suite 1900 San Francisco, CA 94111 415-576-0200 EFTA00808173  Fix: 415-576-0300 Email: ATTORNEY Plaintiff Hosain Rahman represented by Holly Gaudreau (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jennifer Diane Arkowitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Timothy R. Cahn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ryan T. Bricker (See above for address) ATTORNEY TO BE NOTICED Plaintiff Jason Fass represented by Holly Gaudreau (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jennifer Diane Arkowitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Timothy R. Cahn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ryan 1'. Bricker (See.above for address) ATTORNEY TO BE NOTICED V. Defendant John Doe Date Filed Docket Text 02/09/2012 COMPLAINT against John Doe ( Filing fee $ 350, receipt number 34611070421.). Filed EFTA00808174  by Aliphcom, Jason Fass, Hosain Rahman. (Attachments: # 1 Civil Cover Sheet)(mjj2, COURT STAFF) (Filed on 2/9/2012) (Entered: 02/10/2012) 02/09/2012 2 ADR SCHEDULING ORDER: Case Management Statement due by 6/1/2012. Case Management Conference set for 6/8/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco. (Attachments: # 1 Standing Order, # 2 Standing Order for all JudgesXmjj2, COURT STAFF) (Filed on 2/9/2012) (Entered: 02/10/2012) 02/09/2012 2 Declination to Proceed Before a U.S. Magistrate Judge by Aliphcom, Jason Fass, Hosain Rahman. (mjj2, COURT STAFF) (Filed on 2/9/2012) (Entered: 02/10/2012) 02/09/2012 4 Certificate of Interested Entities by Aliphcom, Jason Fass, Hosain Rahman identifying Other Affiliate Sequoia Capital, Other Affiliate Khosla Ventures, Other Affiliate Hosain Rahman for Aliphcom. (mjj2, COURT STAFF) (Filed on 2/9/2012) (Entered: 02/10/2012) 02/09/2012 5 Summons Issued as to John Doe. (mjj2, COURT STAFF) (Filed on 2/9/2012) (Entered: 02/10/2012) 02/13/2012 6 ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on 2/13/12. (jjoS, COURT STAFF) (Filed on 2/13/2012) (Entered: 02/13/2012) 02/24/2012 1 Ex Parte Applicationfor Expedited Discovery and Memorandum of Points and Authorities filed by Aliphcom, Jason Fass, Hosain Rahman. (Attachments: # 1 Declaration of Ryan Bricker in Support of Ex Pane Motion for Expedited Discovery, # 2 Exhibit A to Bricker 1 Decl in Support of Ex Pane Motion for Expedited Discovery, # Exhibit B to Bricker Decl in Support of Ex Pane Motion for Expedited Discovery, # 4 Exhibit C to Bricker Decl in Support of Ex Parte Motion for Expedited Discovery, # 5 Exhibit D to Bricker Decl in Support of Ex Parte Motion for Expedited Discovery, # 6 Exhibit E to Bricker Decl in Support of Ex Parte Motion for Expedited Discovery, # 1 Exhibit F to Bricker Decl in Support of Ex Parte Motion for Expedited Discovery, # I Exhibit G to Bricker Decl in Support of Ex Pane Motion for Expedited Discovery, # 2 Exhibit H to Bricker Decl in Support of Ex Parte Motion for Expedited Discovery, #111Exhibit 1 to Bricker Decl in Support of Ex Parte Motion for Expedited Discovery, # 11 Exhibit J to Bricker Decl in Support of Ex Parte Motion for Expedited Discovery, #12 Declaration of Hosain Rahman in Support of Ex Parte Motion for Expedited Discovery, #11 Declaration of Michael Luna in Support of Ex Parte Motion for Expedited Discovery, # 14 Exhibit A to Luna Decl in Support of Ex Parte Motion for Expedited Discovery, # 15 Exhibit B to Luna Decl in Support of Ex Parte Motion for Expedited Discovery, #16 Exhibit C to Luna Decl in Support of Ex Parte Motion for Expedited Discovery, #12 Exhibit D to Luna Decl in Support of Ex Parte Motion for Expedited Discovery, #1$ Proposed Order Proposed Order Granting Ex Parte Motion for Expedited DiscoveryXGaudre.au, Holly) (Filed on . 2/24/2012) (Entered: 02/24/2012) • 02/27/2012 1 ORDER by Judge Jeffrey S. White granting 1 Ex Parte Application for Expedited Discovery (jjoS, COURT STAFF) (Filed on 2/27/2012) (Entered: 02/27/2012) 06/01/2012 2 CASE MANAGEMENT STATEMENT [PLAINTIFF'S SEPARATE) filed by Aliphcom, Jason Fass, Hosain Rahman. (Bricker, Ryan) (Filed on 6/1/2012) (Entered: 06/01/2012) 06/04/2012 El CLERKS NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE: Case Management Statement due by 8/31/2012. Initial Case Management Conference set for 9/7/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco. (jjoS, COURT STAFF) (Filed on 6/4/2012) (Entered: 06/04/2012) 06/07/2012 1j, MOTION for Extension of Time to File PLAINTIFFS MOTION FOR ADMINISTRATIVE RELIEF SEEKING EXTENSION OF RULE 4(M) SERVICE DEADLINE filed by EFTA00808175  Aliphcom, Jason Fass, Hosain Rahman. (Bricker, Ryan) (Filed on 6/7/2012) (Entered: 06/07/2012) 06/07/2012 12 Declaration of RYAN BRICKER IN SUPPORT OF PLAINTIFFS MOTION FOR ADMINISTRATIVE RELIEF SEEKING EXTENSION OF RULE 4(M) SERVICE DEADLINE filed byAliphcom, Jason Pass, Hosain Rahman. (Bricker, Ryan) (Filed on 6/7/2012) (Entered: 06/07/2012) 06/07/2012 J Proposed Order GRANTING PLAINTIFFS MOTION FOR ADMINISTRATIVE RELIEF SEEKING EXTENSION OF RULE 4(M) SERVICE DEADLINE by Aliphcom, Jason Fass, Hosain Rahman. (Bricker, Ryan) (Filed on 6/7/2012) (Entered: 06/07/2012) 06/11/2012 .14 ORDER by Judge Jeffrey S. White granting jj Motion for Extension of Rule 4(M) Service Deadline (jjoS, COURT STAFF) (Filed on 6/11/2012) (Entered: 06/11/2012) 08/31/2012 ji CASE MANAGEMENT STATEMENT Plaintiff? Second Separate Case Management Staiement filed by Aliphcom, Jason Fass, Hosain Rahman. (Cahn, Timothy) (Filed on 8/31/2012) (Entered: 08/31/2012) , 09/04/2012 16 CLERKS NOTICE CONTINUING CASE MANAGEMENT CONFERENCE: Cise Management Statement due by 10/5/2012. Case Management Conference set for 10/12/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco. (jjoS, COURT STAFF) (Filed on 9/4/2012) (Entered: 09/04/2012) 09/27/2012 12 NOTICE of Voluntary Dismissal PLAINTIFFS' RULE 41(A)(1) NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE by Aliphcom, Jason Fass, Hosain Rahman (Calm, Timothy) (Filed on 9/27/2012) (Entered: 09/27/2012) PACER Service Center Transaction Receipt IPACER a: 02/26/2018 08:09:35 , roadruck:2623271:0 Client Code: rjk Description: Search 3:12-cv-00655- Docket Report Criteria: ISW Billable 4 Cost: 0.40 Pages: EFTA00808176 • EFTA00808177  IIIIIIII1I iIil1III SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Feb-06-2018 4:48 pm Case Number: CGC-17-559617 Filing Date: Feb-06-2018 4:47 Filed by: JACQUELINE ALAMEDA Image: 06208448 ORDER PROTEMPO LIMITED VS. ALIPHCOM, INC. ET AL 001C06208448 Instructions: Please place this sheet on top of the document to be scanned. EFTA00808178  1 I RUTAN & TUCKER, LLP F State Bar No. 144241) seugzge4.0;rzi. , A 2 tate Bar No. 222137) FEB 0 6 2D18 3 Bar No. 311337) 4 nton ou evar , Suite 1400 5 Costa Mesa, California 92626-1931 Telephone: 714-641-5100 Facsimile: 714-546-9035 7 Attorneys for Plaintiff PROTEMPO LIMITED 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SAN FRANCISCO 11 12 PROTEMPO LIMITED, Case CGC-17-559617 No.tt 13 Plaintiff, IHROPE0SEDI ORDER RE DEFENDANT ROSAIN AMMAN'S DEMURRER TO 14 vs. PLAINTIFF PROTEMPO LIMITED'S SECOND AMENDED COMPLAINT 15 ALIPHCOM, INC. d/b/a JAWBONE, a California corporation, HOSAIN RAHMAN, an DATE: Februglt 6, 2018 16 individual, JASON CHILD, an individual, and TIME: 9:30 M. DOES 1 through 10, inclusive DEPT.: 302 17 Defendants. 18 19 20 21 22 23 24 25 /// 26 /// 27 /// 28 /I/ Mtn & Tuck" Ile eaCeeeye ei feW 2/21473039414102 11965701.1 o32/06/III PROM= ORDER EFTA00808179  1 The hearing on Defendant Hosain Rahman's Demurrer to Plaintiff Protempo Limited's 2 Second Amended Complaint ("Demurrer") came on regularly for hearing on February 6, 2018 at 3 930 in Department 302 of this Court. Appearances were as reflected on the record. 4 Having considered all papers and oral argument of the parties in support of and opposition 5 to the Demurrer, and for good cause appearing, the Court hereby ORDERS as follows: 6 Defendant Hosain Rahman's Demurrer to the first, second, third and thirteenth causes of 7 action in the second amended complaint filed by plaintiff Protempo Limited is overruled as to the 8 first, second, and third causes of action for promissory fraud, fraud and intentional deceit, and 9 negligent misrepresentation and sustained without leave to amend as to the thirteenth cause of 10 action for violation of Penal Code 496(a). The first, second and third causes of action arc alleged 11 with adequate specificity and the allegations of reliance are not necessarily contradicted by the 12 contract documents. A person who commits fraud is liable for doing so even if done as agent for a 13 principal who entered into a contract for which the agent is not a party. The negligent 14 misrepresentation claim does not allege a nonactionable "negligent false promise," but rather an 15 actionable negligent misrepresentation of existing facts. The Penal Code 496(a) claim fails 16 because Protempo has not alleged, nor does it appear that it can allege, that it transferred money to 17 Mt Rahman. 18 IT IS SO ORDERED. 19 20 21 22 Dated:olitiI6 23 Honorable HAROLD KAHN Judge of the Superior Court of the State of California 24 25 26 27 28 awe& ludar, LLP 9110Mays41 few -2_ 27211.033019-0002 11962704.1 tab94/13 1 D ORDER EFTA00808180  Cantntl US THE SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Case Number: CGC17559617 Title: PROTEMPO LIMITED VS. ALIPHCOM, INC. ET AL Cause of Action: CONTRACTNVARRANTY Generated: 2018-02.2611:31 am Register of Actions Parties Attorneys Calendar Payments Documents • ____-_-_•. • • Parties 10 e any Search: Patty Party Attorneys Flings TYPT AUPHCOM (ASSIGNMENT FOR THE OTHER BENDER. REIN AUG-07-2017 GENERIC CML FILING (NO FEE) BENEFIT OF CREDITORS). LLC AUPHCOM, INC. DEFENDANT JUN-19-2017 COMPLAINT 9450.00 PAYMENT DBA JAWBONE, A CALIFORNIA JUL-13-2017 PROOF OF SERVICE OF SUMMONS AND COMPLAINT CORPORATION OCT-31-2017 COMPLAINT DEC-22-2017 COMPLAINT CHILD. JASON C. DEFENDANT BLOCK. KARL AUG-04-2017 ANSWER SEP-25-2017 DEMURRER