21.23351. dbh!Dibjn $3.2!Grhe!190B4(21 INbjo!Epdvn f oul!!Qbhf !4ipd25 RICHARD A. BLACK. 125 Fast Coronado Road Phoenis, Ariane 850041 ax (602) 2538880 ar Nomber 000895 Attomey for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA PARADISE VALLEY INTERIORS, LTD., ) ETAL; ) Plaintiffs 5 NO. CV 99-12995 ) v. ) ARBITRATION DECISION ) MICHAEL J. COKER, ET AL ) AND ) Defendants ) AWARD —) ‘THIS MATTER having come efore the Arbitrator pursuant to te Uniform Rules of Procedure for Arbitration, Plaintiffs and Defendant Coker having appeared and plead, hearing having taken place before the Asbitrator on January 30, 2001, the Arbitrator having considered the matter, as well as Plaintiffs’ | affidavit in support of attomeys’ fees and verytied statement of costs submitted pursuant to the hearing, and GOOD CAUSE appearing, ‘THE ARBITRATOR’S DECISION AND AWARD ARE AS FOLLOWS: 1. Plaintiffs are entitled to judgment as follows against Defendant Coker: A. On Count One of the Complaint, for breach of contract in failure to pay on a check in the amount of $3.022.03, Plaintiffs are entitled to recover damages in the principal amount of $3,022.03 from Defendant Coker; B. On Count Three of the Complaint, for statutory fraud under A.R.S.§12-671 Defendant Coker is liable to Plaintiffs as follows: (1) Onthe account of the $3,022.03 check dated April 17, 1998, for twice the amount of such check. i.c.. $6,044.06 (as per ARS. §12-671).2.23351, doh!Dibjn $3.2!Grhe!1 9084021 IN bjolE pdvn f ou!!Qbhf !5!pd25 1 @) Inthe account of the $1,000 check dated December 1, 1998, for twice the amount of said check, ie., $2,000. Plaintiffs are entitled to the following: 4 (GQ) Recovery of their reasonable attorney's fees, under ARS. §12-341.01, 5 this being a case arising out of contract, and recovery of their costs 6 incurred under ARS. §12-341; 7 Q) Recovery oftheir costs and reasonable attorneys fees under ARS. §12- 8 on 9 D. Plaintiffs are not entitled to double recovery. That is, Plaintiffs are not entitled 10 to recover damages for both breach of contract (Count One) as well as for the | n statutory fraud under A.R.S. §12-671 (Count Three). Since filing ofthis case, | Plaintiffs have recovered the amount of $1,000 on the $1,000 check dated { 1B 1198. 4 1. Accordingly, judgment and award are rendered for Plaintiffs against Defendant Michael 15 Coker as follows: | 16 (1) On Count Three under A.R.S. §12-671, in the principal sum of $7,044.06. 7 @) _pluscosts in the sum of $180.50. 18 ) pus reasonable attomeys’ fees in the sum of $4,942.50 for a TOTAL 9 JUDGMENT SUM OF $12,167.06, said total judgment sum to bear interest at 20 the legal rate often percent (10%) per annum from the date of entry of Judgment 2 n DATED this tay of February, 2001 2 24 Cony pte foregoing deliveredimailed 27 thig SP2iay of February. 2001 to 28 | Honorable Jeffrey A. Hotham 221.2335 .dbh!Dibjn $3. 2!Grhe!1 9084021 IN bjolEpdvn f oul!Qbhf !6|pg25 Maricopa County Superior Court 101 West Jefferson, Suite 812 Phoenix, Arizona 85027 Robin C. Carter, Esq, 2810 North Alvernon Way, Suite 700 Tueson, Arizona 85712 Attorney for Plaintifis Christopher Kaup, E: PESKIND, HYMSON & GOLDSTEIN, P.C. 14646 North Kierland Blvd., #255 Scottsdale, Arizona-#525 a a21.2351 dbhiDipjn $3.2!Grhe!19(84021 IN bjolE pdvn f oul!Qbhf !7Ipg25 SUPERIOR COURT OF ARIZONA MARICOPA COUNTY 04/26/2001 HONORABLE JEFFREY A. HOTHAM cv 1999-012995 PARADISE VILLAGE INTERIORS LTD MICHAEL J COKER we* PILED *#* 04/30/2001 CLERK OF THE COURT FORM VOOOA 8. Morris Deputy FILED: ROBIN C CARTER CHRISTOPHER KAUP MICHAEL J COKER P.O. BOX 94567 PHOENIX ARIZONA 85070-0000 RICHARD A BLACK MINUTE ENTRY ‘The Court is in receipt of a Motion to Withdraw as Counsel of Record for Defendant Coker filed on April 4, appearing, 2001. Good cause If IS ORDERED granting the Motion to Withdraw as Counsel of Record for Defendant Coker. TT IS FURTHER ORDERED affirming the Arbitration Award entered on or about February 23, Docket Code 019 2001. [RETURNED MATL E-MAILED ON MAY 16 2001 Page 1