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6 J. MICHAEL MATTHEWS EXPERIENCE 2006 Present Chapman Popik & White, San Francisco Senior Counsel Mr. Matthews is a trial lawyer who has handled a wide variety of cases for businesses, partnerships and individuals. His expertise includes: representing corporate clients in commercial, leasehold and product liability disputes; representing and advising lawyers and law firms in dissolution and partner departures; representing contractors, subcontractors, materialmen and design professionals in litigation and arbitration, including large scale construction defect litigation on a state-wide basis; handling partnership and corporate dissolution and accounting, professional liability, commercial leasehold disputes, real estate fraud, and insurance coverage (including bad faith). He has tried over thirty-five jury and court trials to verdict for both plaintiffs and defendants and has handled numerous arbitrations. He was elected to and is a member of the American Board of Trial Advocates (ABOTA). He has been a presenter for The American Institute of CPAs regarding accounting for partnership dissolutions, and has presented multistate construction seminars for the construction trade, including Lorman s California Construction Law, Continuing Education of the Bar courses, National Business Institute Seminars, Federal Publications Seminars, LLC, and the Practicing Law Institute. He presents the Attorney/Accountant Ethics portion of the Practicing Law Institute s summer program Basics of Accounting for Lawyers. He is a contributing author for Advising California Partnerships, 3rd Ed., and has authored articles or presented programs on a wide variety of topics, including those related to dissolution of law firms and other professional organizations. He has served as an expert witness or mediator in cases involving a variety of issues, and as a judicial arbitrator for Bay Area superior courts.

7 2 EDUCATION Georgetown University Law Center J.D. Degree, 1976 Yale University B.A., 1973 PREVIOUS EMPLOYMENT Rogers, Joseph, O Donnell & Phillips, San Francisco CA Shareholder Dillingham & Murphy, San Francisco, CA Partner Law Offices of J. Michael Matthews Principal Buchman, Kass, Morgan & Miller Associate Sedgwick, Detert, Moran & Arnold, San Francisco, California Associate Golden Gate University, San Francisco California Adjunct Professor, MBA Program: Real Estate Law BAR ADMISSIONS California State Bar, 1976 U.S.D.C., Northern District of California, 1976 U.S.D.C., Central District of California, 1977 U.S. Court of Appeals, 9th Circuit, 1979 U.S.D.C., Eastern District of California, 1990 U.S.D.C., Southern District of California, 1990 PROFESSIONAL AFFILIATIONS American Board of Trial Advocates American Bar Association, Litigation Section State Bar of California, Litigation Section Bar Association of San Francisco 2

8 3 TRIALS, ARBITRATIONS, APPELLATE CASES Selected jury trials, court trials, judicial and contractual arbitrations, and appellate cases: Forum Insurance Company v. Harrington Trust U.S. District Court, Central Division/9th Circuit Court of Appeals Defense of a Bermuda law firm/trust company against a claim of conspiracy to hide funds fraudulently transferred to avoid a creditor Moody v. DN Biomedical Exports GmbH American Arbitration Association Defense/prosecution of claims related to royalty agreements between companies exporting medical devices Fox Loomis v. Kenko, Ventura Superior Court Defense of the claim of a de-watering subcontractor brought against the general contractor, relating to the installation of a municipal pipeline in the City of Oxnard West Pac Framing v. Colson & Colson, American Arbitration Association Defense for the general contractor of a claim by a framing subcontractor relating to the construction of a multi unit retirement facility in Santa Rosa, California Yuen v. Dean & Smith, JAMS Defense/Prosecution of claims related to dissolution of an estate planning law partnership Estate of Jos. Silveira v. Anthony Silveira, Marin Superior Court Litigation of partnership dissolution/buy-out issues related to old Marin County dairy farming family Hern v. McEllen and McCormick, Marin Superior Court Representation of plaintiff in action for intentional infliction of emotional distress/gender based violence in condominium owners dispute Dobers v. Musilek, San Francisco Superior Court Prosecution of mechanics lien/collection action for general contractor against defaulting owner Schick v. Opperman, San Francisco Superior Court Defense of the first case to go to jury verdict under the San Francisco Rent Control Ordinance; the issues were related to construction/retrofit costs during a condominium conversion of an historic building on Telegraph Hill 3

9 4 Miller v. Fleisler Dubb San Francisco Superior Court Prosecution of a claim for benefits/defense of similar claims related to an attorney s departure from a law partnership Shapiro v. Thieu Hu Solano County Superior Court Prosecution of a fraud/rescission action for buyers against the seller of a commercial building on Hamburger Hill in Vacaville. See Shapiro v. Hu 188 Cal.App.3d 324 (1986) Churchill v. Peiler Contra Costa Superior Court Prosecution of a claim for benefits/defense of similar claims related to attorneys departure from a law partnership Estrin v. Wastlehuber, San Francisco Superior Court Suit against architect/developer and his partner related to undisclosed defects in the construction of an apartment building on Telegraph Hill Donohoe v. Voss, San Francisco Superior Court Enforcement of a mechanic s lien claim and defense of a defects claim in the construction of lavish residence in St. Francis Wood. Jigarjian v. Green Welling LLP JAMS Defense of a claim brought by a former partner against a class action plaintiffs firm arising out of Partner Dissociation Agreement Anza Parking v. Metro Parking San Mateo County Superior Court/Court of Appeal Representation of owners of land leased for an airport parking lot, related to lease renewal and a conditional use permit. See Anza Parking v. City of Burlingame 195 Cal.App.3d 855 (1987) Yap v. Industrial Indemnity. San Francisco Superior Court/Court of Appeal Defense of a bad faith claim relating to a failure to defend a wrongful eviction claim under the San Francisco Rent Control Ordinance Nimmagadda v. Krishnamurthy Contra Costa Superior Court Prosecution of a fraud/conversion/breach of fiduciary duty claim against the managing partner of a real estate investment partnership Roman Equities v. Kok Tin Oei San Francisco Superior Court Defense of a specific performance action brought by the proposed purchaser of a multi unit apartment building in San Francisco Saar v. Overton Alameda Superior Court Prosecution of a fraud/breach of contract case arising out of the sale of a data 4

10 5 processing company Kirkwood v. Atlas Assurance Co. San Francisco Superior Court/Court of Appeal Litigation of issue then of first impression: right of a homeowner under a homeowner s policy to a defense of claims arising out of the sale of home Trumbull v. GREM Manufacturing San Francisco Superior Court Defense of a South Bay plastics manufacturer against a claim of defect in a custom designed ladder used by PG&E Forristall v. Northridge Hospital Medical Center Los Angeles Superior Court Prosecution of a medical malpractice/negligence action for the injured daughter of a corporate client Davis v. Bernhard San Francisco Superior Court Prosecution of a condominium owner s claims against a co-owner for nuisance, breach of fiduciary duties Greenhill v. Sterling Wood Financial American Arbitration Association Defense of claims relating to expulsion of a partner from a financial planning partnership Croft v. Los Angeles Ladder Alameda Superior Court Defense of a ladder manufacturer against a product claim involving serious injury Curtis v. Northwood Homes Alameda Superior Court Claims for commissions owed a broker by a subdivision developer. 5