1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEY FEES AND LITIGATION EXPENSES

Case No. 30-2009-00317275

BLUMENTHAL, NORDREHAUG & BHOWMIK Norman B. Blumenthal (State Bar #068687) Kyle R. Nordrehaug (State Bar #205975) Aparajit Bhowmik (State Bar #248066)2255 Calle ClaraLa Jolla, CA 92037Telephone: (858)551-1223Facsimile: (858) 551-1232

UNITED EMPLOYEES LAW GROUP Walter Haines (State Bar #71705)65 Pine Ave, #312Long Beach, CA 90802Telephone: (562) 256-1047Facsimile: (562) 256-1006

Attorneys for Plaintiff

SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF ORANGE

NIMET BEHAR, on behalf of herself, andon behalf of all persons similarly situated,

Plaintiffs,

vs.

UNION BANK, N.A.,

Defendant.

CASE No. 30-2009-00317275

Class Action

NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEY FEES ANDLITIGATION EXPENSES

Hearing Date: December 1, 2010Hearing Time: 8:30 a.m.

Judge: Hon. Nancy Wieben StockDept.: CX105

Action Filed: November 4, 2009

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1NOTICE OF MOTION AND MOTION FOR AWARD OF ATTORNEY FEES AND LITIGATION EXPENSES

Case No. 30-2009-00317275

TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD:

YOU ARE HEREBY NOTIFIED THAT at 8:30 a.m. on December 1, 2010, or as soon

thereafter as the matter can be heard, in Department CX105 of the above entitled Court, Plaintiff

Nimet Behar (“Plaintiff”) will move for an order awarding attorneys’ fees, litigation expenses and

service award. This Motion is brought in accordance with the Order Granting Preliminary

Approval dated July 23, 2010. Said Motion will be based on this notice, the accompanying

memorandum of points and authorities, the declaration of Norman Blumenthal, the Settlement

Agreement between the parties, and the complete files and records in this action.

Because all parties have agreed to the proposed class settlement, and there have been no

objections to the class settlement or the award of attorneys’ fees, Plaintiff does not anticipate any

opposition to the motion.

Dated: November 10, 2010 BLUMENTHAL, NORDREHAUG & BHOWMIK

By: s/Norman B. Blumenthal Norman B. BlumenthalAttorneys for Plaintiff