RCVRS102419 Minute Orders - San Bernardino Main

4/22/14 2:25 AM

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Case RCVRS102419 - HEALTHCARE BUSINESS SVC -V- LEONARD SOLONIUK, ETAL Action: (Choose) COURT TRIAL -- ESTIMATED TRIAL LENGTH HRS. 06/12/2008 - 9:00 AM DEPT. R8
HARRY WOOLPERT PRESIDING. CLERK: ELAINE CARLOS COURT REPORTER GAIL GREENLEE 8647 COURT ATTENDANT LAURA SKOPHAMMER APPEARANCES: ATTORNEY JAMES F GEARY PRESENT FOR CROSS-COMPLAINANT LEONARD SOLONIUK. ATTORNEY DILIP VITHLANI AND ATTORNEY M STEPHEN CHO PRESENT FOR CROSS-DEFENDANTS HEALTHCARE BUSINESS SERVICES GROUP AND CHANDANA BASU. (ATTORNEY M STEPHEN CHO NOT PRESENT AFTER 12:00PM) CROSS-DEFENDANT CHANDANA BASU PRESENT. PROCEEDINGS: 2ND DAY OF TRIAL 09:17 COURT CONVENES WITH COUNSEL AND CROSS-DEFENDANT PRESENT. 09:18 COURT IN RECESS. 09:21 COURT RECONVENES WITH COUNSEL AND CROSS-DEFENDANT PRESENT. CROSS-COMPLAINANTS WITNESS CHANDANA BASU RESUMES TESTIMONY, STILL UNDER OATH. 09:58 COURT IN RECESS. 10:14 COURT RECONVENES WITH COUNSEL AND CROSS-DEFENDANT PRESENT. WITNESS CHANDANA BASU RESUMES TESTIMONY.
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RCVRS102419 Minute Orders - San Bernardino Main

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CROSS-COMPLAINANTS EXHIBIT(S) #22 MARKED FOR IDENTIFICATION. CROSS-COMPLAINANTS EXHIBIT(S) #22 ENTERED INTO EVIDENCE. 10:41 WITNESS CHANDANA BASU EXCUSED, SUBJECT TO RECALL. PREVIOUSLY ENTERED EXHIBIT REFERRED TO AS EXHIBIT #19L IS RENAMED EXHIBIT #19G AS ORIGINALLY MARKED. CROSS-COMPLAINANTS EXHIBIT(S) #20A AND #18 ENTERED INTO EVIDENCE. 10:53 CROSS-COMPLAINANT RESTS. CROSS-DEFENDANTS ORAL MOTION FOR NON-SUIT IS HEARD. ARGUED BY COUNSEL AND SUBMITTED. 11:04 COURT IN RECESS. 11:15 COURT RECONVENES WITH COUNSEL AND CROSS-DEFENDANT PRESENT. CROSS-DEFENDANTS ORAL MOTION FOR NON-SUIT IS DENIED. 11:23 CROSS-DEFENDANTS CASE IN CHIEF CHANDANA BASU TESTIFIES AS WITNESS FOR CROSS-DEFENDANT, STILL UNDER OATH. 11:49 WITNESS CHANDANA BASU EXCUSED. CROSS-DEFENDANT RESTS. CROSS-DEFENDANTS EXHIBIT(S) #29 (P.1-2 ONLY) AND #28 ENTERED INTO EVIDENCE. 11:54 COURT IN RECESS. 01:27 COURT RECONVENES WITH COUNSEL AND CROSS-DEFENDANT PRESENT. ATTORNEY M STEPHEN CHO NOT PRESENT. 01:33 CLOSING ARGUMENTS PRESENTED BY CROSS-COMPLAINANT. 01:55 CLOSING ARGUMENTS PRESENTED BY CROSS-DEFENDANT. 02:01 REBUTTAL BY CROSS-COMPLAINANT 02:08 COURT IN RECESS. 03:05 COURT RECONVENES WITH COUNSEL AND CROSS-DEFENDANT PRESENT. COURT MAKES ORAL STATEMENT OF DECISION AS FOLLOWS: http://openaccess.sb-court.org/OpenAccess/civil/civilminutes.aspECOURT+TRIAL+%2D%2D+ESTIMATED+TRIAL+LENGTH++HRS%2E%3C%2Ffont%3E Page 2 of 5

RCVRS102419 Minute Orders - San Bernardino Main

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THE COURT CONCLUDES THAT CROSS-PLAINTIFF LEONARD SOLONIUK IS A MEDICAL DOCTOR PRACTICING AND RESIDING IN THE COUNTY OF SHASTA; THAT CROSS-DEFENDANT HEALTHCARE BUSINESS SERVICES (HEREIN REFERRED TO AS HEALTHCARE) WAS, AT ALL TIMES RELEVANT TO THIS CASE, A NEVADA CORPORATION DOING BUSINESS IN SAN BERNARDINO COUNTY; THAT CROSS-DEFENDANT CHANDANA BASU (HEREIN REFERRED TO AS BASU) WAS, AT ALL TIMES RELEVANT TO THIS DECISION, THE MANAGING DIRECTOR AND, AS FAR AS THE COURT IS AWARE, THE ONLY SHAREHOLDER OF HEALTHCARE. THE COURT JUDICIALLY NOTICES A JUDGMENT ENTERED ON 09/15/06 IN THE SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SHASTA IN ACTION NO. 157056: LEONARD SOLONIUK, PLAINTIFF V. HEALTHCARE BUSINESS SERVICES, DEFENDANT. IT WAS ORDERED, ADJUDGED, AND DECREED THAT THE PLAINTIFF HAVE AND RECOVER FROM HEALTHCARE THE PRINCIPAL AMOUNT OF $276,875 TOGETHER WITH INTEREST AT 10% PER ANUM COMMENCING 6/01/06 AND THAT THE ACCUMULATED INTEREST AS OF THE DATE OF JUDGMENT WAS $8,116. THE COURT CONCLUDES THAT THE JUDGMENT, TOGETHER WITH INTEREST FIGURED UP TO AND INCLUDING THIS DATE, 6/12/08, IS $333,189, AND IT CONTINUES TO GENERATE INTEREST AT THE RATE OF 10% PER ANUM ON THE PRINCIPAL AMOUNT OF $276,875. THE COURT COMPUTES THAT TO BE $75.85 PER DAY. THE COURT FINDS THAT THAT JUDGMENT WAS BASED ON A CONFIRMATION OF AN ARBITRATION AWARD BETWEEN THE CROSS-PLAINTIFF AND CROSS-DEFENDANT. FOR PURPOSES OF THIS LITIGATION, THE COURT CONCLUDES THE ONLY OFFICER OR EMPLOYEE OF HEALTHCARE WORTHY OF CONSIDERATION WAS BASU. THE NAME OF ANY OTHER PERSON MENTIONED DURING THIS TRIAL IS OF NOTICEABLE UNIMPORTANCE. THE COURT CONCLUDES THAT BASU CARRIED ON THE BUSINESS OF HEALTHCARE, BUT EXERCISED COMPLETE CONTROL AND DOMINANCE OF THAT CORPORATION TO THE EXTENT THAT IT IS IMPOSSIBLE TO SEPARATE HEALTHCARE AND BASU. THE COURT CONCLUDES THAT TO PERMIT BASU AND HEALTHCARE TO HAVE SEPARATE IDENTITIES CAUSES THE OCCURRENCE OF FRAUD AND ABUSES THE CORPORATE PRIVILEGE. THE COURT CONCLUDES THAT BASU TESTIFIED EXTENSIVELY IN THIS PROCEEDING, AND THE COURT CONCLUDES THAT HER TESTIMONY IS UNTRUSTWORTHY AND ONLY OCCASIONALLY IS TRUTHFUL, AND THAT WOULD APPEAR TO THE COURT TO BE MOSTLY BY INADVERTENCE OR HER MISTAKE. SHE HAS TESTIFIED THAT HER EARNINGS FROM HEALTHCARE WERE AROUND $60,000 PER YEAR. THERE ARE AT LEAST TWO SIGNED
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RCVRS102419 Minute Orders - San Bernardino Main

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EXHIBITS INDICATING THAT HER INCOME FROM HEALTHCARE WAS SOMEWHERE IN THE EXCESS OF $500,000 TO $600,000 PER ANUM. ONE OF THOSE DISCLOSURES WAS MADE TO THE SECURITIES AND EXCHANGE COMMISSION ON A DOCUMENT BEARING HER SIGNATURE. THE COURT ACCEPTS THAT FIGURE AS INDICATIVE OF THE MONEY SHE PAID HERSELF FROM THE MONEY FROM HEALTHCARE. IN ONE OF HER RARE EXHIBITIONS OF CANDOR, BASU INDICATED SHE NEGOTIATED HER PAY FROM HEALTHCARE. EXHIBIT 19B OUTLINES WHAT THE COURT CONCLUDES SHE PAID HERSELF. THE COURT CONCLUDES BASU IS THE SOLE SHAREHOLDER AND MANAGER OF ALTA VISTA BILLING SERVICES FOR COMPLEX MEDICAL CARE INC. BASU WAS THE SOLE SHAREHOLDER AND MANAGER AND AGREES IT WAS JUST A BANK ACCOUNT PERSONALLY DIRECTED BY HER. THE COURT CONCLUDES BASU, IN VIOLATION OF HER AGREEMENT WITH CROSS-PLAINTIFF, DEPOSITED MONIES RECEIVED BY CROSS-PLAINTIFF AND OTHERS IN THE ALTA VISTA BANK ACCOUNT OR BANK ACCOUNTS AND PERSONALLY SUPERVISED AND DIRECTED ITS DISBURSEMENT. THAT MONEY WAS OWED TO HEALTHCARE, AND LARGE, THOUGH UNKNOWN, PORTIONS NEVER ARRIVED THERE. THE CLEAR INFERENCE TO THE COURT IS THAT IT WENT IN TO AT LEAST THE FIGURATIVE PERSONAL POCKETS OF BASU. THE COURT CONCLUDES THAT BASU LOOTED HEALTHCARE FOR THE PURPOSE OF AVOIDING PAYMENT OF JUST OBLIGATIONS TO ITS CREDITORS AND CLIENTS. THE COURT CONCLUDES IT WOULD BE UNJUST AND INEQUITABLE TO TREAT THE OBLIGATION REFLECTED IN THE SHASTA COUNTY JUDGMENT AS ONLY THAT OF HEALTHCARE. IT WOULD BE INEQUITABLE AND ALLOW UNJUST ENRICHMENT OF BASU TO ALLOW HER TO ESCAPE A PERSONAL LIABILITY FOR THAT OBLIGATION. BASED ON THE FOREGOING ORAL STATEMENT, THE COURT FINDS THAT IT SHOULD ORDER, ADJUDGE, AND DECREE THAT CROSS-PLAINTIFF HAVE AND RECOVER JUDGMENT AGAINST CROSS-DEFENDANT BASU THE SUM OF $276,875 TOGETHER WITH ACCUMULATED INTEREST TO TODAYS DATE OF $56,314 FOR A TOTAL TODAY OF $333,189 TOGETHER WITH INTEREST AT THE LEGAL RATE ON THE PRINCIPAL SUM FROM AND AFTER 6/13/08. THIS ORAL TENTATIVE DECISION SHALL CONSTITUTE THE COURTS STATEMENT OF DECISION UNLESS EITHER PARTY WITHIN 10 ADYS HEREAFTER REQUESTS A FURTHER STATEMENT OF DECISION. A REQUEST FOR A FURTHER STATEMENT OF DECISION SHALL SPECIFY THOSE CONTROVERTED ISSUES AS TO WHICH THE PARTY IS REQUESTING A FURTHER STATEMENT OF DECISION. WITHIN 15 DAYS AFTER SERVICE OF REQUEST FOR A FURTHER STATEMENT OF DECISION, BOTH PARTIES
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RCVRS102419 Minute Orders - San Bernardino Main

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SHALL MAKE PROPOSALS AS TO THE CONTENT OF THE FURTHER STATEMENT OF DECISION. PLAINTIFF SHALL PREPARE A JUDGMENT WITHIN 20 DAYS FROM TODAY, LODGE A PROPOSED JUDGMENT WITH THE CLERK, AND SERVE A COPY ON OPPOSING COUNSEL. OPPOSING COUNSEL THEN SHALL HAVE 10 DAYS TO SERVE AND FILE ANY OBJECTIONS TO THE PROPOSED JUDGMENT. COURT FINDS: JUDGMENT ON CROSS-COMPLAINT FILED 07/05/2007 OF LEONARD SOLONIUK ORDERED AS FOLLOWS: JUDGMENT FOR LEONARD SOLONIUK MD JUDGMENT AGAINST: HEALTHCARE BUSINESS SERVICES JUDGMENT IN THE AMOUNT OF: PRINCIPAL $276,875.00, INTEREST $56,314.00, ATTORNEY FEES $0.00, COSTS $0.00, AND DAMAGES $0.00. JUDGMENT TOTAL IS: $333,189.00 ACTION DISPO: JUDGMENT 03:44 COURT ADJOURNED. === MINUTE ORDER END ===

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