| August 20, 1999 | 03 00015 61 99082001 |
Mr. David Buoncristiani, Esq.
Thelen, Reid & Priest LLP
2 Embarcaderro Center, 21st Floor
San Francisco, CA 94111
| Subject: | Pier 11 Fender Reconstruction |
|
Case #305199 San Francisco Superior Court Summons July 27, 1999 United Pacific Reliance v. Welch |
Dear Dave,
On August 6, Mike Timpane served a summons dated July 27 to recover $530K on the Pier 11 Fender project owed to the bonding company, United Pacific Reliance, for payment of legal fees incurred on my behalf to seek recovery from the state. I lost the case against the state, and I agree UPR should recover. A stipulated judgement was entered in the early 80s, and on May 22, 1996 an agreement to forebear was entered to permit developing a market and earnings from Communication Metrics. Poor progress with Communication Metrics has prevented payment of the obligation. I do not have other assetts that can be applied to retire this debt. UPR has been aprised of my progress, based on background in the record on August 6.
If you feel it would be appropriate, could you call Mike (415 982 9390), or send an email (mtimpane@wolkintimpane.com), and ask what he wants or expects me to do? I have called Mike several times, but he does not return my calls. Possibly he would feel more comfortable talking to you.
Finally, I have 30 days, until approximately September 5, to file a response to the summons. Off hand, it seems to me a response is unnecessary. If you could comment, I would appreciate it.
Thanks.
Sincerely,
THE WELCH COMPANY
Rod Welch