On June 03, 2020 a
Motion-Secondary
was filed
involving a dispute between
Arata, Laura,
Peninsula Open Space Trust,
and
Arata, Laura,
Arata, Louis J.,
Arata, Marie Joanne,
Does 1-20,
John And Grace Arata 2004 Trust,
Mcnabb, Ernest J.,
Redwood Trust Deed Services, Inc., A California Corporation,
for (26) Unlimited Other Real Property
in the District Court of San Mateo County.
Preview
I Peter A Kim, Esq. (SBN 250470)
LAW OFFICE OF PETER A. KIM
2
3440 Wilshire Blvd., Suite 1208
6/27/2022
3
Los Angeles, CA 90010
Phonc Number: (213) 387-0800
4 Fax Number: (213) 387-0880
5 Attomey for Succcssor Trustee, David R. Duncan
John and Grace Arata 2004 Trust
6
(Specially Appearing for Purposes ofthis Motion)
7
8 SUPf,RIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SAN MATEO
t0
ll PENINSULA OPEN SPACE TRUST )
)
t2 Plaintiff, )
) DECLARA.TION OF PETER A. KIM IN
l3 ) SUPPORT MOTION FOR LEAVE TO
) FILE CROSS.COMPLAINT
t4 REDWOOD TRUST DEED SERVICES, INC. )
a Califomia Corporation, ERNEST J. ) Civil
fCode of Procedure $ 426.50, and $
l5 MCNABB, individually and as TRUSTEE of ) 428.501
the Emcst J. McNabb Revocablc Living Trust )
l6 Dated I l/19/1990; LOUIS J. ARATA, )
individually; LAURA ARATA, individually ) [Filed concurrenlly with Notice ol Motion
t7 and as sole successor trustee of the John and ) and Motion.for Leave to File Cross-
Gracc Arata 2004 Trust Executed on August II ) Complaint; Memorandum oJ Points and
l8 2004; MARIE JOANNE ARATA, individually, )
and as the Representativc of the Estatc of Gary Authoritiesl
)
l9 J.Arata, Deceased; and DOES l-20 )
)
20 ) DATE: December J,2022
) TIME: 9:00 AM
2t ) DFI,PT: 2l
)
22 )
JUDGE: Robert D. Foiles
) COMPLAINT FILED: June 3. 2020
23 )
)
)
)
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Declamtion ofPeter A. Kim in Support of Motion for Leave ro Filc Cross-Complaint
I I, Peter A. Kim, declare as follows:
2
l. I am an attomey at law, duly admitted to practice before all state courts in the
3
State of Califomia. I am the principal in the Law Office of Peter A. Kim.
4
2. The Law OfIice ofPeter A. Kim represents Defendant David R. Duncan
5
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("Duncan"), as successor Trustee ofthe John and Grace Arata 2004 Trust (the "Trust").
7 3. The purpose ofthis Declaration is to provide the Coud with an explanation of
8
why it is necessary to file a motion for leave to file a cross-complaint with the Court.
9
4. Approximately l0 months after this case was filed, on April 7,2021, Duncanby
l0
Stipulated Order was appointed successor trustee ofthe Trust. ln June 2021, Duncan terminated his
ll
prior counsel and in January 2022, I was retained to represent him in this matter. I took over the
t2
l3 case more than a year and halfafter it was filed, long after the previous trustee had answered.
t4 5. After reviewing the files and conducting extensive research and investigation, I have
l5 determined that my client has a good faith basis for claims against Plaintiff, Peninsula Open Space
l6
Trust; arising fiom the same transactions and occurrences as Plaintiffls complaint, because both
t'7
pleadings concern Plaintiffs Arata Ranch Conservation Easement.
l8
6. As this case is still in its discoverystage, I believe that there willbe no prejudice to
l9
20
Plaintiffby granting of this motion.
2t I declare under the penalty ofperjury under the laws ofthe State of Califomia that the
22 foregoing is true and correct, and that this Declaration was executed on June 20,2022, at Los
Angeles, Califomia
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4
25 eter A. m
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z7
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Declaration ofPeter A. Kim in Support of Motion forLcaye 10 File Cross-Complaint
I PROOF OF SERVICE
2 I am employed in the County ofLos Angeles, State of Califomia. I am over the age of l8 and not a
party to the within action; my business addrcss is 3450 Wilshire Blvd. Ste.l200, Los Angeles, California
3 900 t 0.
4 On June 27,2022, I sewed thc foregoing documents escribed as DECLARATION OF PETER A.
KIM IN SUPPORT MOTION FOR LEAVE TO FILE CROSS-COMPLAINT on the intercsted
5 parties via e-mail or electronic service through the court-approved e-filing vendor, GreenFiling, lnc., to the
following:
6
Bcnjamin R. Levinson
7 Law Offices of Benjamin R. Levinson
46 N. 2 Street
8 Campbcll, CA 95008
(408) 366-2999
I bcn(rlben lcvinsonlaw.com
IO David R. Duncan
4920 F,. La Palma Avc.
ll Anaheim, CA 92807
(714) 970-9800
t2 s.corn
davi d(rrbi stoprental
l3 Eric Hanson
Bishop Law Office
t4 213 West Califomia Street
P.O. Box 337
l5 Garfield, WA 99130
(s09) 63s-1ssr
l6 chanson fa,pa I ousc.
n ct
t7 Christopher N. Andal
Andal Law Group
l8 1748 W. Katella Ave. Suite 200
Orange, CA 92867
l9 (714)770-82s0
chri s(alandal larv.net
20
Andrew Wiegel
zl Byan Petrick
Andrew Wiegel Law Group
), 414 Gough Street
San Francisco, CA 94102
23 (4l s) ss2-8230
Andrew(a]wiegel la\r'group.com
24 ryan(a)rviegcllawgroup.com
25 Louis J. Arata
53 E. Cremetti Lane
26 Yerington, NV 8947
(209\ 617-0446
27
Laura Arata
28 Dept. of History
l0l Social Sciences and Humanities
PROOF OF SERVICE
Oklahoma State University
I Stillwater. OK 74078
larata@okstate.edu
2
canossettf.r)nhch.com
3 lbcrqi ame s(rzln h ch. c onr
cdrcsscr(almcmanislaw.com
4 abastida(r4mcmanislaw.com
pwoodward(nlhopkinscarley.com
5 c om
garv(a). dtal arvvers.
carric(radtalarvycrs.com
6 bil lmaicramhloans(r4gmail.com
,l incwman(r0Ibm.com
emiemcnabb(dlaol.com
c llrk (r.t snru'lau.com
8 i amsadr.com
ibiatbre(il
bishopsorcha rdfa palousc.nct
9 cmiemcnabb(riaol.com
cscn ic cCarandaI law. net
l0 qalanter(asmwlaw.conl
tbaldwin(n,nhe h.corr
tl cl'-has(alcpdb.com
rabbcv(ritab beYlaw.com
t2
l3 [] BYFIRST CLASS MAILI deposited such envelope in the mail at Los Angeles, Califomia. The
envelope was mailed with postage thereon fully prepaid. I am "readily familiar" with the firm's
t4 practice ofcollection and processing corrcspondence for mailing. It is deposited with the United
States Postal Service on that same day in the ordinary course ofbusiness. I am aware that on
l5 motion of party served, services is presumcd invalid ifpostal cancellation date or postage meter
date is more thanone (l) day after datc ofdeposit for mailing in affidavit.
16
[X]By Electronic Filing: By electronic filing servicc provider. I used an elcctronic filing service
t7 provider to serve and file the above-listed document(s). I am informed and believe that the below-
listed party has previously electronically filed a document with thc Court pursuant to CRC
l8 2 251(bX I XB), the act of electronic filing is evidence that the below-lisred party has agreed to
accept service at the electronic sen'icc address the party has fumished to the court under CRC
l9 2.256(a)@). Electronic service ofthe above-listed document(s) was complete at the time ofthe
electronic transmission and thc time that electronic notification of servicc of the document(s) was
20 sent.
2\ I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true
and correct.
22
Executed on June 27. 2022 at Los Angeles, Califomia.
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25
Reilo
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28
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PROOF OF SERVICE
Preview
I Peter A Kim, Esq. (SBN 250470) LAW OFFICE OF PETER A. KIM 2 3440 Wilshire Blvd., Suite 1208 6/27/2022 3 Los Angeles, CA 90010 Phonc Number: (213) 387-0800 4 Fax Number: (213) 387-0880 5 Attomey for Succcssor Trustee, David R. Duncan John and Grace Arata 2004 Trust 6 (Specially Appearing for Purposes ofthis Motion) 7 8 SUPf,RIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN MATEO t0 ll PENINSULA OPEN SPACE TRUST ) ) t2 Plaintiff, ) ) DECLARA.TION OF PETER A. KIM IN l3 ) SUPPORT MOTION FOR LEAVE TO ) FILE CROSS.COMPLAINT t4 REDWOOD TRUST DEED SERVICES, INC. ) a Califomia Corporation, ERNEST J. ) Civil fCode of Procedure $ 426.50, and $ l5 MCNABB, individually and as TRUSTEE of ) 428.501 the Emcst J. McNabb Revocablc Living Trust ) l6 Dated I l/19/1990; LOUIS J. ARATA, ) individually; LAURA ARATA, individually ) [Filed concurrenlly with Notice ol Motion t7 and as sole successor trustee of the John and ) and Motion.for Leave to File Cross- Gracc Arata 2004 Trust Executed on August II ) Complaint; Memorandum oJ Points and l8 2004; MARIE JOANNE ARATA, individually, ) and as the Representativc of the Estatc of Gary Authoritiesl ) l9 J.Arata, Deceased; and DOES l-20 ) ) 20 ) DATE: December J,2022 ) TIME: 9:00 AM 2t ) DFI,PT: 2l ) 22 ) JUDGE: Robert D. Foiles ) COMPLAINT FILED: June 3. 2020 23 ) ) ) ) 25 ) zo 27 28 -l- Declamtion ofPeter A. Kim in Support of Motion for Leave ro Filc Cross-Complaint I I, Peter A. Kim, declare as follows: 2 l. I am an attomey at law, duly admitted to practice before all state courts in the 3 State of Califomia. I am the principal in the Law Office of Peter A. Kim. 4 2. The Law OfIice ofPeter A. Kim represents Defendant David R. Duncan 5 6 ("Duncan"), as successor Trustee ofthe John and Grace Arata 2004 Trust (the "Trust"). 7 3. The purpose ofthis Declaration is to provide the Coud with an explanation of 8 why it is necessary to file a motion for leave to file a cross-complaint with the Court. 9 4. Approximately l0 months after this case was filed, on April 7,2021, Duncanby l0 Stipulated Order was appointed successor trustee ofthe Trust. ln June 2021, Duncan terminated his ll prior counsel and in January 2022, I was retained to represent him in this matter. I took over the t2 l3 case more than a year and halfafter it was filed, long after the previous trustee had answered. t4 5. After reviewing the files and conducting extensive research and investigation, I have l5 determined that my client has a good faith basis for claims against Plaintiff, Peninsula Open Space l6 Trust; arising fiom the same transactions and occurrences as Plaintiffls complaint, because both t'7 pleadings concern Plaintiffs Arata Ranch Conservation Easement. l8 6. As this case is still in its discoverystage, I believe that there willbe no prejudice to l9 20 Plaintiffby granting of this motion. 2t I declare under the penalty ofperjury under the laws ofthe State of Califomia that the 22 foregoing is true and correct, and that this Declaration was executed on June 20,2022, at Los Angeles, Califomia 24 4 25 eter A. m 26 z7 28 l Declaration ofPeter A. Kim in Support of Motion forLcaye 10 File Cross-Complaint I PROOF OF SERVICE 2 I am employed in the County ofLos Angeles, State of Califomia. I am over the age of l8 and not a party to the within action; my business addrcss is 3450 Wilshire Blvd. Ste.l200, Los Angeles, California 3 900 t 0. 4 On June 27,2022, I sewed thc foregoing documents escribed as DECLARATION OF PETER A. KIM IN SUPPORT MOTION FOR LEAVE TO FILE CROSS-COMPLAINT on the intercsted 5 parties via e-mail or electronic service through the court-approved e-filing vendor, GreenFiling, lnc., to the following: 6 Bcnjamin R. Levinson 7 Law Offices of Benjamin R. Levinson 46 N. 2 Street 8 Campbcll, CA 95008 (408) 366-2999 I bcn(rlben lcvinsonlaw.com IO David R. Duncan 4920 F,. La Palma Avc. ll Anaheim, CA 92807 (714) 970-9800 t2 s.corn davi d(rrbi stoprental l3 Eric Hanson Bishop Law Office t4 213 West Califomia Street P.O. Box 337 l5 Garfield, WA 99130 (s09) 63s-1ssr l6 chanson fa,pa I ousc. n ct t7 Christopher N. Andal Andal Law Group l8 1748 W. Katella Ave. Suite 200 Orange, CA 92867 l9 (714)770-82s0 chri s(alandal larv.net 20 Andrew Wiegel zl Byan Petrick Andrew Wiegel Law Group ), 414 Gough Street San Francisco, CA 94102 23 (4l s) ss2-8230 Andrew(a]wiegel la\r'group.com 24 ryan(a)rviegcllawgroup.com 25 Louis J. Arata 53 E. Cremetti Lane 26 Yerington, NV 8947 (209\ 617-0446 27 Laura Arata 28 Dept. of History l0l Social Sciences and Humanities PROOF OF SERVICE Oklahoma State University I Stillwater. OK 74078 larata@okstate.edu 2 canossettf.r)nhch.com 3 lbcrqi ame s(rzln h ch. c onr cdrcsscr(almcmanislaw.com 4 abastida(r4mcmanislaw.com pwoodward(nlhopkinscarley.com 5 c om garv(a). dtal arvvers. carric(radtalarvycrs.com 6 bil lmaicramhloans(r4gmail.com ,l incwman(r0Ibm.com emiemcnabb(dlaol.com c llrk (r.t snru'lau.com 8 i amsadr.com ibiatbre(il bishopsorcha rdfa palousc.nct 9 cmiemcnabb(riaol.com cscn ic cCarandaI law. net l0 qalanter(asmwlaw.conl tbaldwin(n,nhe h.corr tl cl'-has(alcpdb.com rabbcv(ritab beYlaw.com t2 l3 [] BYFIRST CLASS MAILI deposited such envelope in the mail at Los Angeles, Califomia. The envelope was mailed with postage thereon fully prepaid. I am "readily familiar" with the firm's t4 practice ofcollection and processing corrcspondence for mailing. It is deposited with the United States Postal Service on that same day in the ordinary course ofbusiness. I am aware that on l5 motion of party served, services is presumcd invalid ifpostal cancellation date or postage meter date is more thanone (l) day after datc ofdeposit for mailing in affidavit. 16 [X]By Electronic Filing: By electronic filing servicc provider. I used an elcctronic filing service t7 provider to serve and file the above-listed document(s). I am informed and believe that the below- listed party has previously electronically filed a document with thc Court pursuant to CRC l8 2 251(bX I XB), the act of electronic filing is evidence that the below-lisred party has agreed to accept service at the electronic sen'icc address the party has fumished to the court under CRC l9 2.256(a)@). Electronic service ofthe above-listed document(s) was complete at the time ofthe electronic transmission and thc time that electronic notification of servicc of the document(s) was 20 sent. 2\ I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct. 22 Executed on June 27. 2022 at Los Angeles, Califomia. 23 24 25 Reilo 26 27 28 -2- PROOF OF SERVICE