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CC 03-07-2022 Oral CommunicationsCC 03-07-2023 Written Communications Oral Communications CC 03-07-2023 Written Communications Item No. 11 Removal of Planning Commissioner R Wang 1 Kirsten Squarcia From:Ian <> Sent:Monday, February 27, 2023 9:10 PM To:City Council Cc:City Clerk Subject:Removal of R (Ray) Wang from the Planning Commission Attachments:20191112_DLG_Greensides_wExhibits_Redacted.pdf; Wang-Foust Pleadings.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the  sender and know the content is safe.    Dear Council Members,    I am a business owner in the City of Cupertino and former resident and I am writing to ask you to remove R (Ray) Wang  from the city’s Planning Commission.      As outlined, in the following news article, Mr. Wang had previously been involved in an incident in San Mateo County, in  which Rosanne Foust accused him of signing her up for pornographic emails to retaliate for disagreeing with him on  public policy issues.  https://sanjosespotlight.com/cupertino‐policymaker‐in‐hot‐water‐for‐past‐sexual‐harassment‐ lawsuit/    This came to light after Mr. Wang had apparently threatened Richard Mehlinger’s employment, in retaliation for  disagreeing with him on social media posts related to public policy issues in Cupertino (Please see the following article  regarding this issue:  https://cupertinotoday.com/2019/06/26/cupertino‐planning‐commissioner‐under‐fire‐for‐doxing‐ member‐of‐public/).    When I raised concerns on social media and wrote to the city council about Mr. Wang’s interactions, he had an attorney  send me a letter threatening to sue me, in attempt to silence me.  (Please see the following article, which outlines this  threat: https://sanjosespotlight.com/cupertino‐commissioner‐threatens‐lawsuit‐for‐nextdoor‐posts/).      Attached is a copy of the letter that his attorney sent to me.  Also attached is the copy of filings from a San Mateo  County Superior Court case involving Ms. Foust and Mr. Wang.    Mr. Wang sets a bad example for our community, he has a history of threatening those who disagree with him on policy  issues, and I ask that he be removed from the planning commission.    I ask that this letter and attachments be included in the public record, when the issue of Mr. Wang’s removal from the  Planning Commission is on the agenda for the upcoming City Council meeting on March 7, 2023.  If this agenda item is  moved to a different city council meeting, I ask that this email and attachments be included in the public record for that  council meeting.    Thank you for your time and consideration.    Sincerely,  Ian R. Greensides      Krista L. Baughman kbaughman@DhillonLaw.com 177 POST STREET, SUITE 700 | SAN FRANCISCO, CA 94108 | 415.433.1700 | 415.520.6593 (F) November 12, 2019 VIA EMAIL AND U.S. MAIL Mr. Ian R. Greensides Cupertino, CA 95014-2384 Re: R Wang v. Ian Greensides Cease and Desist Concerning Defamation Per Se Dear Mr. Greensides: This firm represents Mr. R. “Ray” Wang in connection with his legal claims against you, arising from your defamation of his character. The purpose of this letter is to inform you of the facts and evidence supporting our client’s claims, demand that you immediately cease and desist from further illegal conduct toward Mr. Wang, and explore whether a settlement can be reached before we initiate litigation. Please direct all communication regarding this matter to our office. Factual Background On August 26, 2019, you published several provably false statements of fact about Mr. Wang, both on the social networking system NextDoor.com, and in emails you sent to Cupertino City Council members and Planning Commissioners. Among these statements, you claimed that Mr. Wang sent “revenge porn to a City Council candidate in Redwood City; that Mr. Wang was criminally charged with sending “revenge porn” and did not contest the charge; and that these “facts” were confirmed by San Mateo County court records and news publications. Not only are each of these statements provably false, but the evidence confirms that you made them with a reckless disregard for their falsity, and out of actual malice for Mr. Wang. The true facts are as follows: over 15 years ago, Mr. Wang was charged with three violations of the California Penal Code in an action captioned The People of the State of California vs. Ray Kuang Wang, San Mateo Superior Court, Case No. SM328047A. See Exhibit Mr. Ian Greensides November 12, 2019 Page 2 of 5 DHILLON LAW GROUP INC. 177 POST STREET, SUITE 700 | SAN FRANCISCO, CA 94108 | 415.433.1700 | 415.520.6593 (F) A (case docket from San Mateo Superior Court). 1 As crystal clear from the court docket, Mr. Wang pled “No Contest” to the single misdemeanor charge (PC 653m(b), Annoying Telephone Call to Place of Work), and pled not guilty to the remaining two felony charges (PC 529(3), Personate to Make Other Liable, and PC 530.5, Unauthorized Use of Personal Identification) – neither of which accused him of sending “revenge porn.” The docket further reflects, without ambiguity, that on January 13, 2004, Mr. Wang entered a plea of no contest to the misdemeanor count, and that all remaining counts were dismissed, without any finding of guilt. See Exhibit A (“[u]pon motion of people all remaining counts dismissed. Reason: negotiated plea.”). The docket further reflects that Mr. Wang was ordered to pay a fine “to State restitution fund” and complete 50 hours of public service work; there is no mention of any attorney fee payment. Nowhere in the criminal case docket, or in the underlying Penal Code statutes, is “revenge porn” discussed. The widely accepted definition of revenge porn is “the distribution of sexually explicit images or videos of individuals without their permission.”2 See also Cal. Penal Code §647(j)(4) (California’s “revenge porn” statute, criminalizing “[a] person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private….”). We are aware of no source – governmental or otherwise – indicating that Mr. Wang has engaged in the conduct of sending revenge porn to anyone. Despite these facts, on August 26, 2019, you published the following statements on NextDoor.com, addressed to Mr. Wang (see Exhibit B):  “You plead no contest to sending revenge porn. The record was later expunged after you completed your sentence of community service and paid restitution in the form of attorney’s fees, and a certain amount of time passed.”  “I went back and looked at the San Jose Spotlight article – it appears that you plead no-contest in two cases: one for the revenge porn, and one for making harassing phone calls to someone at work…[including link to https://sanjosespotlight.com/cupertino-policymaker-in-hot-water-for-past-sexual- harassment-lawsuit/]”;  “@Ray I’m not sure of the difference between revenge porn and signing someone up for porn sites. Maybe you could explain. I don’t have experience in either one of them…I reviewed the San Mateo County online docket. It confirms what was reported in the press.”) 1 The docket for this case can be accessed, for free, via the San Mateo Superior Court’s website http://www.sanmateocourt.org/online services/odyssey portals.php. 2 See https://en.wikipedia.org/wiki/Revenge porn. Mr. Ian Greensides November 12, 2019 Page 3 of 5 DHILLON LAW GROUP INC. 177 POST STREET, SUITE 700 | SAN FRANCISCO, CA 94108 | 415.433.1700 | 415.520.6593 (F) Further, on August 26, 2019 you sent an email to Cupertino City Council members and Planning Commissioners, stating that “[Mr. Wang] continues to make repeated false comments on ND [NextDoor] about his computer having been hacked by a real estate developer in 2003, when he was charged with two felonies and one misdemeanor for having revenge porn sent to a City Council candidate in Redwood City…” Each of these statements is provably false. First, Mr. Wang has never been charged with sending revenge porn to anyone, and by your own concession, you used this term with a reckless disregard for what it meant. See Exhibit B (“I’m not sure of the difference between revenge porn and signing someone up for porn sites.”) The sending of revenge porn is a crime under California Penal Code 647(j)(4). Second, Mr. Wang did not “plead no contest to sending revenge porn” – as is clear from free and publicly accessible court records (Exhibit A), Mr. Wang pled no contest only to a single misdemeanor charge, and vigorously denied the remaining charges, which were dismissed without a finding of guilt.3 Third, your false statements are not supported by either the court docket or “what was reported in the press,” as you claim. Indeed, the San Jose Spotlight article that you cite nowhere mentions the term “revenge porn,” and instead confirms what this letter describes: that Mr. Wang “pleaded no contest to a misdemeanor charge of ‘making annoying telephone calls to a place of work.” The article also discusses allegations that Ms. Rosanne Foust made against Mr. Wang in a civil lawsuit, but notes that Mr. Wang vigorously opposed the allegations, and that the lawsuit ultimately settled with no adjudication of guilt. See https://sanjosespotlight.com/cupertino- policymaker-in-hot-water-for-past-sexual-harassment-lawsuit/. Suffice it to say, while a reasonable reader would understand your comments to mean that Mr. Wang has sent – and has admitted to sending – revenge porn, these statements are false, lack any corroboration from external sources, and are directly contradicted by court records. Your decision to broadly and inaccurately summarize the disposition of a 16-year old criminal case against Mr. Wang supports a finding that you published the statements with malice, as does your express admission that you didn’t know what “revenge porn” was when you accused Mr. Wang of sending it. Your Legal Liability to Mr. Wang for Defamation per se Defamation is an “invasion of the interest in reputation” that involves the intentional publication of a statement of fact that is false, unprivileged, and has a natural tendency to injure or which causes special damage. Gilbert v. Sykes (2007) 147 Cal.App.4th 13, 27; Wong v. Jing (2010) 189 Cal.App.4th 1354, 1369. Publication occurs when the statement is communicated to at least one person other than the plaintiff who understands its defamatory meaning and that it 3 Nor was the criminal record in this case “expunged,” nor did Mr. Wang “pa[y] restitution in the form of attorney’s fees,” as is clear from the docket. Mr. Ian Greensides November 12, 2019 Page 4 of 5 DHILLON LAW GROUP INC. 177 POST STREET, SUITE 700 | SAN FRANCISCO, CA 94108 | 415.433.1700 | 415.520.6593 (F) refers to plaintiff. Shively v. Bozanich (2003) 31 Cal.4th 1230, 1242. Defamation per se exists when the false statement charges plaintiff with, among other things, criminal activity. Civ. C. §46(1); see also McGarry v. University of San Diego (2007) 154 Cal.App.4th 97, 112. When defamation is alleged against a public figure, the plaintiff must also prove that the defendant knew the statements were false or had serious doubts about the truth of the statements, when made. As discussed above, you falsely stated that Mr. Wang sent revenge porn, that he was criminally charged with sending revenge porn, and that he pled no contest to that charge. None of this is true – in fact, Mr. Wang never sent or was charged with having sent revenge porn; both felony charges filed against him in 2003 were contested and ultimately dismissed with no finding of guilt; and Ms. Foust’s civil complaint against him was similarly dismissed with no finding of guilt. Your false statements also suggest that Mr. Wang is lying to the public about the 2003 criminal case (“[h]e continues to make repeated false comments on ND…”), and that he sought to hide or “expunge” the criminal record by “pa[ying] restitution in the form of attorney’s fees,” which is also false. Further, it is clear from the evidence that you made these statements knowing them to be false and/or with serious doubts about their truth. By your own admission, you had no idea what “revenge porn” was when you accused Mr. Wang of being implicated with it. What’s more concerning, although you are a lawyer yourself, and you apparently “reviewed the San Mateo County online docket,” your statements directly contradict those records, meaning you lacked a reasonable ground for believing that your statements were true when you published them. In addition, you have a motive to defame Mr. Wang, given your opposition to Mr. Wang’s position on Cupertino’s housing crisis. This evidence strongly supports a malice finding, sufficient to demonstrate a probability of prevailing on the defamation claims. See, e.g., Reader’s Digest Assn. v. Sup. Court (1984) 37 Cal.3d 244, 257-258 (factors such as hostility to plaintiff, using biased, unreliable sources, and making inherently improbable assertions may indicate defendant had “serious doubts” regarding truth of publication). You intentionally made your statements to Mr. Wang’s constituency and colleagues in the Cupertino City Council. Although Mr. Wang will not be required to prove actual damages stemming from your defamation per se, he is regrettably suffering ongoing harm to his reputation, profession, and occupation as a result of your actions. As your conduct was malicious, Mr. Wang will also be entitled to recover punitive damages, should this matter proceed to trial. Your Duty to Preserve All Evidence Litigation is likely to ensue in this matter. Under governing state and federal laws, you are hereby placed on notice that you have an obligation to maintain hard copies of documents, as well as all e-mail and other electronically stored information, pertaining to this dispute and the surrounding events, including all communications with or about Mr. Wang. Mr. Ian Greensides November 12, 2019 Page 5 of 5 DHILLON LAW GROUP INC. 177 POST STREET, SUITE 700 | SAN FRANCISCO, CA 94108 | 415.433.1700 | 415.520.6593 (F) You must retain all copies of material that exist on any storage medium, including sources of data such as portable hard drives, memory cards, “thumb drives,” blackberry, personal digital assistants, mobile telephones, iPods®, and smartphones. This list is not exhaustive; these potential locations of relevant data are included by way of example only, and all documents relating in any way to the dispute set forth herein must be preserved. It may be necessary for you, or other persons under your control, such as managers, employees, and agents, to take affirmative steps to ensure that evidence is not destroyed. Please take such steps immediately. Failure to do so could result in, among other things, court imposed sanctions and criminal charges. Demand As a result of the facts set forth above and the evidence already in our possession, we are highly confident in Mr. Wang’s ability to prevail on his claims at trial. However, in recognition of the effort and expense inherent in litigation, Mr. Wang is willing at this time to engage in settlement discussions to determine whether a resolution can be reached to resolve this issue. A settlement must include a retraction and correction of each of the defamatory statements discussed above, sufficient to inform all recipients of the inaccuracies of your factual assertions, and a public apology to Mr. Wang. We request a response to this proposal no later than November 20, 2019. Meanwhile, Mr. Wang reserves all rights to seek redress for his grievances, which we continue to investigate. If you have any questions about the contents of this letter, please contact me or my colleague, Dorothy C. Yamamoto. We look forward to your prompt response. Regards, Krista L. Baughman Exhibit A 01/13/2004 Plea Judicial Officer SUPERIOR COURT JUDGE, SAN MATEO COUNTY 00 1 PC653M(B)-MISD-ANNOYING TELEPHONE CALL TO PLACE OF WORK No Contest / Nolo Contendere 10/27/2003 Plea Judicial Officer SUPERIOR COURT JUDGE, SAN MATEO COUNTY 002 PC529(3)-FEL-PERSONATE TO MAKE OTHER LIABLE Not Guilty 10/27/2003 Plea Judicial Officer SUPERIOR COURT JUDGE, SAN MATEO COUNTY 003 PC530.5-FEL-UNAUTHORIZED USE OF PERSONAL IDENTIFICATION Not Guilty 03/13/2006 Disposition 001 PC653M(B)-MISD-ANNOYING TELEPHONE CALL TO PLACE OF WORK Dismissal: 1203.4 01/13/2004 Disposition 002 PC529(3)-FEL-PERSONATE TO MAKE OTHER LIABLE Dismissal: Negotiated Plea 01/13/2004 Disposition 00 3 PC530.5-FEL-UNAUTHORIZED USE OF PERSONAL IDENTIFICATION Dismissal: Negotiated Plea Events and Hearings  09/19/2003 Conversion Event Comment FDSAW: DECLARATION UNDER PENALTY OF PERJURY IN SUPPORT OF ARREST WARRANT, FILED.  09/19/2003 Conversion Event Comment MISEN: FILE SENT TO JUDGE ELLIS  09/19/2003 Conversion Event Comment OTHER: TO SIGN A/W  09/22/2003 Conversion Event Comment MIRFL: FILE RETURNED TO CLERK'S OFFICE.  09/22/2003 Conversion Event Comment AWAWA: ARREST WARRANT ISSUED TO RC ON 09/22/2003 . BAIL SET AT $5,000.00 . WARRANT SIGNED BY ELLIS, H. JAMES .  09/23/2003 Conversion Event Comment MISEN: FILE SENT TO JUDGE ELLIS  09/23/2003 Conversion Event Comment OTHER: SENT MEMO TO JUDGE ELLIS REQUESTING THAT ARREST WARRANT BE RECALLED DUE TO D.A.'S ERROR IN ASKING FOR ARREST WARRANT RATHER THAN AN NTA.  09/25/2003 Conversion Event Comment MIRFL: FILE RETURNED TO CLERK'S OFFICE.  09/25/2003 Conversion Event Comment OTHER: PER JUDGE ELLIS,O.K. TO RECALL ARREST WARRANT.  09/25/2003 Conversion Event Comment WWIRO: ARREST WARRANT ISSUED ON 09/22/2003 . RECALLED ON 09/25/2003 .  10/14/2003 Conversion Event Comment SHNTC: NOTICE TO APPEAR SENT TO DEFENDANT ON 10/14/2003 TO APPEAR ON 10/27/2003 AT 9:00 A.M. IN SUPERIOR COURT SOUTHERN BRANCH DEPT. AR FOR MISDEMEANOR ARRAIGNMENT .  10/24/2003 Conversion Event Comment SHRES: CASE SHIFTED FROM HEARING ON 10/27/2003 AT 9:00 A.M. IN DEPARTMENT AR OF SUPERIOR COURT SOUTHERN BRANCH TO HEARING ON 10/27/2003 AT 9:00 A.M. IN DEPARTMENT 32 OF SUPERIOR COURT SOUTHERN BRANCH .  10/27/2003 Conversion Event Comment HHELD: HEARING HELD ON 10/27/03 AT 9:00 A.M. IN SUPERIOR COURT SOUTHERN BRANCH , D- 32 . HON. SUSAN GREENBERG, COURT COMMISSIONER , PRESIDING. CLERK: ROSA VEGA . REPORTER: BETTY GALIN . CLERK2: SARAI MORENO . DEPUTY D.A. FORD . DEFENSE COUNSEL PRESENT: PLISKA .  10/27/2003 Conversion Event Comment HHMAR: MISDEMEANOR ARRAIGNMENT  10/27/2003 Conversion Event Comment FDSPT: STIPULATION RE: JUDGE PRO TEMPORE HEARING MATTER.  10/27/2003 Conversion Event Comment APAFD: DEFENDANT NOT PRESENT, BUT IS REPRESENTED BY ATTORNEY PLISKA .  10/27/2003 Conversion Event Comment ARWVD: ARRAIGNMENT AND ADVICE OF RIGHTS WAIVED.  10/27/2003 Conversion Event Comment PLCEA: DEFENDANT THROUGH HIS/HER COUNSEL ENTERS A PLEA OF NOT GUILTY TO ALL COUNTS.  10/27/2003 Conversion Event Comment JTDEM: DEFENDANT DEMANDS TRIAL BY JURY.  10/27/2003 Conversion Event Comment WTIMJ: TIME WAIVED FOR JURY TRIAL.  10/27/2003 Conversion Event Comment SHOTA: CASE CONTINUED TO 12/30/2003 AT 8:30 A.M. IN REDWOOD CITY IN DEPT. PT FOR PRETRIAL CONFERENCE. .  10/27/2003 Conversion Event Comment SHOTA: CASE CONTINUED TO 01/20/2004 AT 9:00 A.M. IN REDWOOD CITY IN DEPT. JT FOR JURY TRIAL. .  10/27/2003 Conversion Event Comment MIENT: ENTERED BY S.MORENO ON 10/27/2003 .  10/31/2003 Conversion Event Comment SHSET: APPEARANCE SET ON 11/05/2003 AT 9:00 A.M. IN SUPERIOR COURT SOUTHERN BRANCH DEPT. AR FOR TO SET AT REQUEST OF ATTORNEY .  11/04/2003 Conversion Event Comment SHRES: CASE SHIFTED FROM HEARING ON 11/05/2003 AT 9:00 A.M. IN DEPARTMENT AR OF SUPERIOR COURT SOUTHERN BRANCH TO HEARING ON 11/05/2003 AT 9:00 A.M. IN DEPARTMENT 32 OF SUPERIOR COURT SOUTHERN BRANCH .  11/05/2003 Conversion Event Comment HHELD: HEARING HELD ON 11/05/03 AT 9:00 A.M. IN SUPERIOR COURT SOUTHERN BRANCH , D- 32 . HON. SUSAN GREENBERG, COURT COMMISSIONER , PRESIDING. CLERK: ROSA VEGA . REPORTER: JENELL MULLANEL . CLERK2: MICHAEL BOLANDER . DEPUTY D.A. JOO . DEFENSE COUNSEL PRESENT: PLISKA .  11/05/2003 Conversion Event Comment HHTOS: TO SET  11/05/2003 Conversion Event Comment FDSPT: STIPULATION RE: JUDGE PRO TEMPORE HEARING MATTER.  11/05/2003 Conversion Event Comment APAFD: DEFENDANT NOT PRESENT, BUT IS REPRESENTED BY ATTORNEY PLISKA .  11/05/2003 Conversion Event Comment WTIMD: TIME CONTINUES TO BE WAIVED BY DEFENDANT/COUNSEL.  11/05/2003 Conversion Event Comment SHOTA: CASE CONTINUED TO 01/06/2004 AT 8:30 A.M. IN REDWOOD CITY IN DEPT. PT FOR PRE-TRIAL CONFERENCE AND TO SET .  11/05/2003 Conversion Event Comment SHOTA: CASE CONTINUED TO 01/13/2004 AT 9:00 A.M. IN REDWOOD CITY IN DEPT. AR FOR DISPOSITION AND TO SET .  11/05/2003 Conversion Event Comment MIVJT: JURY TRIAL SET ON 01/20/2004 AT 9:00 A.M. ORDERED VACATED.  11/05/2003 Conversion Event Comment MIVOT: PRETRIAL CONFERENCE. SET ON 12/30/2003 AT 8:30 A.M. ORDERED VACATED.  11/05/2003 Conversion Event Comment MIENT: ENTERED BY MBOLANDER ON 11/05/2003 .  01/05/2004 Conversion Event Comment SHRES: CASE SHIFTED FROM HEARING ON 01/06/2004 AT 8:30 A.M. IN DEPARTMENT PT OF SUPERIOR COURT SOUTHERN BRANCH TO HEARING ON 01/06/2004 AT 8:30 A.M. IN DEPARTMENT 29 OF SUPERIOR COURT SOUTHERN BRANCH .  01/06/2004 Conversion Event Comment HHELD: HEARING HELD ON 01/06/04 AT 8:30 A.M. IN SUPERIOR COURT SOUTHERN BRANCH , D- 29 . HON. JOSEPH N GRUBER, COURT COMMISSIONER , PRESIDING. CLERK: SARAI MORENO . REPORTER: TRACY WOOD . CLERK2: LISABETH FALLS . DEPUTY D.A. FEASEL . DEFENSE COUNSEL PRESENT: PLISKA .  01/06/2004 Conversion Event Comment HHPTE: PRE TRIAL CONFERENCE AND TO SET  01/06/2004 Conversion Event Comment FDSPT: STIPULATION RE: JUDGE PRO TEMPORE HEARING MATTER.  01/06/2004 Conversion Event Comment APWAT: DEFENDANT APPEARED WITH ATTORNEY PLISKA .  01/06/2004 Conversion Event Comment APNAD: NEITHER ATTORNEY NOR DEFENDANT PRESENT WHEN MATTER HEARD ON THE RECORD.  01/06/2004 Conversion Event Comment SHPDS: PREVIOUS DATES REMAIN AS SET.  01/06/2004 Conversion Event Comment MIENT: ENTERED BY L FALLS ON 01/06/2004 .  01/12/2004 Conversion Event Comment SHRES: CASE SHIFTED FROM HEARING ON 01/13/2004 AT 9:00 A.M. IN DEPARTMENT AR OF SUPERIOR COURT SOUTHERN BRANCH TO HEARING ON 01/13/2004 AT 9:00 A.M. IN DEPARTMENT 31 OF SUPERIOR COURT SOUTHERN BRANCH .  01/13/2004 Conversion Event Comment HHELD: HEARING HELD ON 01/13/04 AT 9:00 A.M. IN SUPERIOR COURT SOUTHERN BRANCH , D- 31 . HON. CLARK LESLIE, COURT COMMISSIONER , PRESIDING. CLERK: IRMA LOPEZ-OCEGUEDA . REPORTER: RHONDA GUESS . CLERK2: LISABETH FALLS . DEPUTY D.A. FORD . DEFENSE COUNSEL PRESENT: PLISKA .  01/13/2004 Conversion Event Comment HHDOS: DISPOSITION AND TO SET  01/13/2004 Conversion Event Comment FDSPT: STIPULATION RE: JUDGE PRO TEMPORE HEARING MATTER.  01/13/2004 Conversion Event Comment APAFD: DEFENDANT NOT PRESENT, BUT IS REPRESENTED BY ATTORNEY PLISKA .  01/13/2004 Conversion Event Comment PLCEF: DEFENDANT THROUGH HIS/HER COUNSEL ENTERS A PLEA OF NOLO CONTENDERE TO COUNT 1 . DEFENDANT FOUND GUILTY BY COURT.  01/13/2004 Conversion Event Comment FDWOR: DEFENDANT IS ADVISED OF, UNDERSTANDS, AND KNOWINGLY AND VOLUNTARILY WAIVES ALL THE FOLLOWING RIGHTS: WAIVES THE RIGHT TO COUNSEL; TO TRIAL BY JURY; TO CONFRONT AND CROSS- EXAMINE ADVERSE WITNESSES; THE PRIVILEGE AGAINST SELF- INCRIMINATION. THE COURT FINDS THAT THE DEFENDANT UNDERSTANDS THE NATURE OF THE CHARGES, THE ELEMENTS OF THE OFFENSE, THE DEFENSE THERETO, THE CONSEQUENCES OF PLEAS AND THE RANGE OF PENALTIES THERETO. WAIVER OF RIGHTS SIGNED.  01/13/2004 Conversion Event Comment CDFRC: UPON MOTION OF PEOPLE ALL REMAINING COUNTS DISMISSED. REASON: NEGOTIATED PLEA.  01/13/2004 Conversion Event Comment WTSTB: TIME WAIVED FOR SENTENCING.  01/13/2004 Conversion Event Comment ARWFS: DEFENDANT WAIVES FORMAL ARRAIGNMENT FOR SENTENCING.  01/13/2004 Conversion Event Comment SESCB: COUNT 1 IMPOSITION OF SENTENCE SUSPENDED. DEFENDANT IS PLACED ON COURT PROBATION FOR 2 YEARS; 0 MONTHS; 0 DAYS.  01/13/2004 Conversion Event Comment SECJL: AS TO COUNT 1 , DEFENDANT TO SERVE 0 YEAR(S), 0 MONTH(S), 2 DAY(S), 0 HOUR(S) IN THE COUNTY JAIL.  01/13/2004 Conversion Event Comment SESEJ: DEFENDANT TO SURRENDER TO COUNTY JAIL ON 02/28/2004 AT 10:00 A.M. .  01/13/2004 Conversion Event Comment SESWP: DEFENDANT IS RECOMMENDED TO THE SHERIFF'S WORK PROGRAM.  01/13/2004 Conversion Event Comment SEPFX: TOTAL FINE AMOUNT PAYABLE, INCLUDING ALL ASSESSMENTS, IS $1,230.00 .  01/13/2004 Conversion Event Comment SERET: DEFENDANT ORDERED TO PAY $110.00 TO STATE RESTITUTION FUND. THIS PAYMENT IS A CONDITION OF PROBATION  01/13/2004 Conversion Event Comment SEPRC: DEFENDANT TO PAY FINE AND ASSESSMENTS THROUGH MUNICIPAL COURT CLERK'S OFFICE.  01/13/2004 Conversion Event Comment SEOAL: OBEY ALL LAWS. FOLLOW ALL ORDERS OF THE COURT/PROBATION OFFICER AND REPORT AS DIRECTED. NOTIFY THE COURT/ PROBATION OFFICER IMMEDIATELY OF ANY CHANGE OF RESIDENCE ADDRESS.  01/13/2004 Conversion Event Comment SENOC: DEFENDANT NOT TO CONTACT, CALL OR OTHERWISE COMMUNICATE WITH VICTIM .  01/13/2004 Conversion Event Comment MIATS: ATTORNEY MAY SIGN.  01/13/2004 Conversion Event Comment MIASE: ALL SENTENCE ELEMENTS FOR THIS PROCEEDING ENTERED.  01/13/2004 Conversion Event Comment MIENT: ENTERED BY L FALLS ON 01/13/2004 .  01/30/2004 Conversion Event Comment SEFCN: FINE PAID THROUGH CLERK'S OFFICE ON 01/30/2004 . RECEIPT NUMBER 41-0005 . AMOUNT PAID $1,230.00 .  01/30/2004 Conversion Event Comment SEFCR: $110.00 RESTITUTION FUND PAID THROUGH THE CLERKS OFFICE.  02/11/2004 Conversion Event Comment HHMOD: MODIFICATION OF SENTENCE  02/11/2004 Conversion Event Comment SECSB: DEFENDANT ORDERED TO COMPLETE 50 HOURS OF PUBLIC SERVICE WORK ON OR BEFORE 08/11/2004 AS DIRECTED BY THE PUBLIC SERVICE REPRESENTATIVE.  02/11/2004 Conversion Event Comment SEPSA: SUBMIT PROOF OF COMPLETION OF PUBLIC SERVICE WORK TO THE COURT BY 08/11/2004 .  02/11/2004 Conversion Event Comment MIENT: ENTERED BY IRMA ON 02/11/2004 .  04/21/2004 Conversion Event Comment CERTC: CERTIFIED COPY OF DOCUMENTS SENT TO DEPARTMENT OF REAL ESTATE . $0.00 FEE PAID.  07/27/2004 Conversion Event Comment MISEN: FILE SENT TO DEPT 29  08/04/2004 Conversion Event Comment SHSET: APPEARANCE SET ON 08/10/2004 AT 9:00 A.M. IN SUPERIOR COURT SOUTHERN BRANCH DEPT. 29 FOR FURTHER PROCEEDINGS. AT REQUEST OF ATTY PLISKA .  08/10/2004 Conversion Event Comment HHELD: HEARING HELD ON 08/10/04 AT 9:00 A.M. IN SUPERIOR COURT SOUTHERN BRANCH , D- 29 . HON. JOSEPH N GRUBER, COURT COMMISSIONER , PRESIDING. CLERK: ROSA VEGA . REPORTER: TRACY WOOD . CLERK2: BIANCA NEDELCU . DEPUTY D.A. BAUM . DEFENSE COUNSEL PRESENT: PLISKA .  08/10/2004 Conversion Event Comment HHFUR: FURTHER PROCEEDINGS  08/10/2004 Conversion Event Comment FDSPT: STIPULATION RE: JUDGE PRO TEMPORE HEARING MATTER.  08/10/2004 Conversion Event Comment APWAT: DEFENDANT APPEARED WITH ATTORNEY PLISKA .  08/10/2004 Conversion Event Comment PROBE: PROBATION IS MODIFIED.  08/10/2004 Conversion Event Comment SEOTH: PUBLIC SHERRIF'S WORK SEEMED COMPLETED .  08/10/2004 Conversion Event Comment MIASE: ALL SENTENCE ELEMENTS FOR THIS PROCEEDING ENTERED.  08/10/2004 Conversion Event Comment MIENT: ENTERED BY B NEDELCU ON 08/10/2004 .  03/10/2006 Conversion Event Comment OTHER: EXPUNGEMENT FEE OF $60.00 PAID. RECEIPT #41-0013  03/13/2006 Conversion Event Comment MIRFL: FILE RETURNED TO CLERK'S OFFICE.  03/13/2006 Conversion Event Comment FDPDC: PETITION TO DISMISS COUNT 1 PURSUANT TO SECTION 1203.4/1203.4A PENAL CODE FILED.  03/13/2006 Conversion Event Comment FDCOM: ORDER GRANTING AND DISMISSING COUNT 1 PURSUANT TO SECTION 1203.4/1203.4A PENAL CODE, FILED.  03/13/2006 Conversion Event Comment FDACI: AMENDED CII FORWARDED TO ARRESTING AGENCY. Exhibit B