Burton, Schmal & DiBenedetto LLP Attorneys at Law 133 Mission Street, Suite 102 Santa Cruz, CA 95060 (831) 425-5023 Fax: (831) 427-3159 www.bvsllp.com September 16, 2008 CERTIFIED MAIL, Return Receipt Requested Kristen Dyer and Eric Lechner 132 Catalpa Street Santa Cruz, CA 95062-15 19 Re: Your Internet postings concerning Landry & Foy Builders, Inc. Our Client: Landry & Foy Builders, Inc. Our File No. 65807-15-0 Dear Ms. Dyer and Mr. Lechner: Your attorney in the underlying arbitration matter, Gary Redenbacher, informed me that he is not representing you with respect to the legality of the recent Internet postings concerning Landry & Foy Builders, inc. Accordingly, I let him know that I would be corresponding with you directly with a one-time respectful request that you immediately remove the links to deposition transcripts and arbitration briefs regarding the underlying dispute in which Landry & Foy Builders, Inc. prevailed against you. By no means are deposition transcripts or briefs prepared in an arbitration proceeding public record per se. Accordingly, there is certainly no public records provision that would give you the carte blanche right to post on the Internet what's already been filed with a court, etc. Even the Award itself is arguably not a matter of public record, as it is essentially considered an agreement between the parties until it is confirmed by a court and becomes a Judgment. At this point, I don't believe Landry & Foy Builders, Inc. has received any negative comments from potential clients/clients, etc. concerning your postings. However, as the company maintains a website, if a Google search brings up your posting on the first page, in the event the posting was to interfere with potential business, I would respectfully contend Landry & Foy Builders, Inc. would have a viable case against you for some form of defamation, harm to business reputation, etc. which could result in compensable damages. That said, again, I have been asked to demand that you immediately remove from the Internet the postings on your website concerning Landry & Foy Builders, Inc. This will be the only notice provided. In the event your postings result in something discernibly disparaging to the company, I'll undoubtedly be asked to ascertain what legal recourse Landry & Foy may have. I might also remind you that any additional time spent by me that is related to the arbitration proceeding will be billed to Landry & Foy Builders, Inc., and in turn sought from you when Landry & Foy obtains its judgment and initiates enforcement proceedings thereon. I thank you for your anticipated cooperation. Respectfully, ANNA DiBENEDETTO AKD:jeh cc: Gary Redenbacher, Esq. cc: Landry & Foy Builders, Inc.