Preview
1 NINA M. PATANE (SBN 157059)
ANDREA C. AVILA (SBN 193982)
2 PATANE • GUMBERG • AVILA, LLP
Attorneys at Law
3 4 Rossi Circle, Suite 231
Salinas, CA 93907
4 Mailing: P.O. Box 3770, Salinas, CA 93912
Telephone: (831) 755-1461
5 Facsimile: (831) 755-1477
Email: npatane@pglawfirm.com
6 aavila@pglawfirm.com
7 Attorneys for Plaintiff,
ROBERT T. ELLIOTT
8
9 SUPERIOR COURT OF CALIFORNIA – COUNTY OF MONTEREY
10 UNLIMITED JURISDICTION
11 ROBERT T. ELLIOTT, ) CASE NO. 21CV003944
)
12 ) DECLARATION OF ANDREA C. AVILA
Plaintiff, ) IN SUPPORT OF MOTION BY
13 vs. ) PLAINTIFF ROBERT T. ELLIOTT FOR
) SUMMARY JUDGMENT
14 MECHANICS BANK, a California )
corporation, as the Successor-in-Interest to ) Date: September 30, 2022
15 Rabobank, N.A.; and DOES 1 – 40, ) Time: 8:30 a.m.
inclusive, ) Dept.: 14
16 ) Judge: Hon. Carrie M. Panetta
)
17 Defendants. ) Complaint Filed: December 21, 2021
) Trial Date: Not Set
18 )
)
19
20 I, ANDREA C. AVILA, hereby declare as follows:
21 1. I am an attorney at law duly admitted to practice before all the courts of the State
22 of California and am a partner at the law firm of Patane • Gumberg, LLP, attorneys for Plaintiff
23 ROBERT T. ELLIOTT (hereinafter referred to as “Plaintiff”), and I have personal knowledge of
24 each fact stated in this declaration. If called upon as a witness to testify I could and would testify
25 to the following facts:
26 2. I have reviewed the file and am familiar with its contents, and therefore have
27 personal knowledge of the documents herein stated.
28 3. A true and correct copy of an email exchange between Robert Bennett and James
-1-
______________________________________________________________________________
Declaration of Andrea C. Avila in Support of Motion by Plaintiff Robert T. Elliott for Summary Judgment;
Case No. 21CV003944
1 Oliver of January 22, 2014 which was attached as Exhibit 2 to Defendant Mechanics Bank’s
2 Responses to Request for Production of Documents – Set No. 1 Propounded by Plaintiff Robert
3 T. Elliott is attached hereto as Exhibit 1.
4 I declare under penalty of perjury under the laws of the State of California that the
5 foregoing is true and correct.
6
7 Dated: July 13, 2022 ____________________________________
ANDREA C. AVILA
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
______________________________________________________________________________
Declaration of Andrea C. Avila in Support of Motion by Plaintiff Robert T. Elliott for Summary Judgment;
Case No. 21CV003944
Exhibit 1
1 Matthew S. Kennedy – CSB No. 125620
MATTHEW S. KENNEDY, A Professional Law Corporation
2 Post Office Box 1031
San Luis Obispo, California 93406-1031
3 (805) 544-5002 / (805) 544-5003
E-Mail: msk@KennedyLawRealty.com
4
Attorneys for Defendant MECHANICS BANK,
5 a California corporation, successor by merger
to Rabobank, N.A.
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF MONTEREY
10
11 ROBERT T. ELLIOTT, CASE NO. 21 CV 003944
Assigned to: Hon. Carrie M. Panetta
12 Plaintiff,
13 vs. DEFENDANT MECHANICS BANK’S
RESPONSES TO REQUEST FOR
14 MECHANICS BANK, a California PRODUCTION OF DOCUMENTS – SET NO.
corporation, as the Successor-in-Interest to 1 PROPOUNDED BY PLAINTIFF ROBERT
15 Rabobank, N.A., a California corporation; T. ELLIOTT
RABOBANK, N.A., a California
16 corporation; and DOES 1 - 40, inclusive,
Complaint filed: December 20, 2021
17 Defendants. CMC: August 2, 2022
Trial Date: None Assigned
18
19
20
PROPOUNDING PARTY: Plaintiff Robert T. Elliott
21
RESPONDING PARTY: Defendant MECHANICS BANK, a California
22 corporation, successor by merger to Rabobank, N.A.
23 SET NO.: One (1)
24
Defendant Mechanics Bank, a California corporation, successor by merger to Rabobank,
25
N.A. (“Mechanics Bank”) provides its verified answers to Request for Production of Documents
26
- Set No. 1 propounded by Plaintiff Robert T. Elliott via electronic service on May 19, 2022.
27
28
-1-
DEFENDANT MECHANICS BANK’S RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS – SET NO. 1
PROPOUNDED BY PLAINTIFF ROBERT T. ELLIOTT
EXHIBIT 2
MB 000005
Bates, K (Kendall)
From: Oliver, J (James)
Sent: Wednesday, March 12, 2014 2:07 PM
To: Bates, K (Kendall)
Subject: FW: Premium Fresh Judgment
Best Regards,
---<- .'' (
/
Frank Oliver,
Vice President
Special Assets Officer, Senior
Rabobank, N.A.
Fresno Financial Service Center
45 E. River Park Place West, Suite 408
Fresno, CA 93720
Telephone: (559) 447-7823
Internal Extension:17823
E-mail: James.Oliver@rabobank.com
From: Bennett, R (Robert)
Sent: Wednesday, January 22, 2014 12:34 PM
To: Oliver, J (James)
Subject: Re: Premium Fresh Judgment
I agree your points, but am willing to go with the $140K.
Sent from my Blackberry.
From: Oliver, J (James)
Sent: Wednesday, January 22, 2014 12:09 PM
To: Bennett, R (Robert)
Subject: RE: Premium Fresh Judgment
$140k is a lot better than the S0k he had been offering. My only concern is it will require a lot of
SBA paperwork and Rabo does not receive much if any of the proceeds. I still expect him to
bring the other parties to the table and make this recovery much more substantial. We lent the
money with the expectation of being repaid. The SBA and Central Coast CDC share in our loss. I
have sympathy for him. But, he did a poor job in choosing partners that lacked character. How is
that our fault. IF we suggested that he seize control of the company, I doubt someone coerced
him. Once again, I think they were looking to the Tamagni family and assuming they wouldn't
let their Sons business fail. I still think Tamagni need to step up to the plate.
Best Regards,
1
MB 000006
//
-t.
/
,,;(
7 ·
Frank Oliver,
Special Assets Officer, Senior
Rabobank, N.A.
Fresno Financial Service Center
45 E. River Park Place West, Suite 408
Fresno, CA 93720
Telephone: (559) 447-7823
Internal Extension :17823
E-mail: James.Oliver@rabobank.com
From: Bennett, R (Robert)
Sent: Wednesday, January 22, 2014 11:45 AM
To: Oliver, J (James)
Subject: Fw: Premium Fresh Judgment
Your thoughts?
Sent from my Blackberry.
From: b58@redshift.com [ mailto:b58@redshift.com]
Sent: Wednesday, January 22, 2014 11:41 AM
To: Oliver, J (James); Bennett, R (Robert)
Cc: relliott@preferredproduce.com < relliott@preferredproduce.com >
Subject: Premium Fresh Judgment
Gentleman,
Please review the attached document and consider. I will also be using a different email
relliott@preferredproduceinc.com
Thank you
Robert Elliott
2
MB 000007
Preview
1 NINA M. PATANE (SBN 157059) ANDREA C. AVILA (SBN 193982) 2 PATANE • GUMBERG • AVILA, LLP Attorneys at Law 3 4 Rossi Circle, Suite 231 Salinas, CA 93907 4 Mailing: P.O. Box 3770, Salinas, CA 93912 Telephone: (831) 755-1461 5 Facsimile: (831) 755-1477 Email: npatane@pglawfirm.com 6 aavila@pglawfirm.com 7 Attorneys for Plaintiff, ROBERT T. ELLIOTT 8 9 SUPERIOR COURT OF CALIFORNIA – COUNTY OF MONTEREY 10 UNLIMITED JURISDICTION 11 ROBERT T. ELLIOTT, ) CASE NO. 21CV003944 ) 12 ) DECLARATION OF ANDREA C. AVILA Plaintiff, ) IN SUPPORT OF MOTION BY 13 vs. ) PLAINTIFF ROBERT T. ELLIOTT FOR ) SUMMARY JUDGMENT 14 MECHANICS BANK, a California ) corporation, as the Successor-in-Interest to ) Date: September 30, 2022 15 Rabobank, N.A.; and DOES 1 – 40, ) Time: 8:30 a.m. inclusive, ) Dept.: 14 16 ) Judge: Hon. Carrie M. Panetta ) 17 Defendants. ) Complaint Filed: December 21, 2021 ) Trial Date: Not Set 18 ) ) 19 20 I, ANDREA C. AVILA, hereby declare as follows: 21 1. I am an attorney at law duly admitted to practice before all the courts of the State 22 of California and am a partner at the law firm of Patane • Gumberg, LLP, attorneys for Plaintiff 23 ROBERT T. ELLIOTT (hereinafter referred to as “Plaintiff”), and I have personal knowledge of 24 each fact stated in this declaration. If called upon as a witness to testify I could and would testify 25 to the following facts: 26 2. I have reviewed the file and am familiar with its contents, and therefore have 27 personal knowledge of the documents herein stated. 28 3. A true and correct copy of an email exchange between Robert Bennett and James -1- ______________________________________________________________________________ Declaration of Andrea C. Avila in Support of Motion by Plaintiff Robert T. Elliott for Summary Judgment; Case No. 21CV003944 1 Oliver of January 22, 2014 which was attached as Exhibit 2 to Defendant Mechanics Bank’s 2 Responses to Request for Production of Documents – Set No. 1 Propounded by Plaintiff Robert 3 T. Elliott is attached hereto as Exhibit 1. 4 I declare under penalty of perjury under the laws of the State of California that the 5 foregoing is true and correct. 6 7 Dated: July 13, 2022 ____________________________________ ANDREA C. AVILA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- ______________________________________________________________________________ Declaration of Andrea C. Avila in Support of Motion by Plaintiff Robert T. Elliott for Summary Judgment; Case No. 21CV003944 Exhibit 1 1 Matthew S. Kennedy – CSB No. 125620 MATTHEW S. KENNEDY, A Professional Law Corporation 2 Post Office Box 1031 San Luis Obispo, California 93406-1031 3 (805) 544-5002 / (805) 544-5003 E-Mail: msk@KennedyLawRealty.com 4 Attorneys for Defendant MECHANICS BANK, 5 a California corporation, successor by merger to Rabobank, N.A. 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF MONTEREY 10 11 ROBERT T. ELLIOTT, CASE NO. 21 CV 003944 Assigned to: Hon. Carrie M. Panetta 12 Plaintiff, 13 vs. DEFENDANT MECHANICS BANK’S RESPONSES TO REQUEST FOR 14 MECHANICS BANK, a California PRODUCTION OF DOCUMENTS – SET NO. corporation, as the Successor-in-Interest to 1 PROPOUNDED BY PLAINTIFF ROBERT 15 Rabobank, N.A., a California corporation; T. ELLIOTT RABOBANK, N.A., a California 16 corporation; and DOES 1 - 40, inclusive, Complaint filed: December 20, 2021 17 Defendants. CMC: August 2, 2022 Trial Date: None Assigned 18 19 20 PROPOUNDING PARTY: Plaintiff Robert T. Elliott 21 RESPONDING PARTY: Defendant MECHANICS BANK, a California 22 corporation, successor by merger to Rabobank, N.A. 23 SET NO.: One (1) 24 Defendant Mechanics Bank, a California corporation, successor by merger to Rabobank, 25 N.A. (“Mechanics Bank”) provides its verified answers to Request for Production of Documents 26 - Set No. 1 propounded by Plaintiff Robert T. Elliott via electronic service on May 19, 2022. 27 28 -1- DEFENDANT MECHANICS BANK’S RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS – SET NO. 1 PROPOUNDED BY PLAINTIFF ROBERT T. ELLIOTT EXHIBIT 2 MB 000005 Bates, K (Kendall) From: Oliver, J (James) Sent: Wednesday, March 12, 2014 2:07 PM To: Bates, K (Kendall) Subject: FW: Premium Fresh Judgment Best Regards, ---<- .'' ( / Frank Oliver, Vice President Special Assets Officer, Senior Rabobank, N.A. Fresno Financial Service Center 45 E. River Park Place West, Suite 408 Fresno, CA 93720 Telephone: (559) 447-7823 Internal Extension:17823 E-mail: James.Oliver@rabobank.com From: Bennett, R (Robert) Sent: Wednesday, January 22, 2014 12:34 PM To: Oliver, J (James) Subject: Re: Premium Fresh Judgment I agree your points, but am willing to go with the $140K. Sent from my Blackberry. From: Oliver, J (James) Sent: Wednesday, January 22, 2014 12:09 PM To: Bennett, R (Robert) Subject: RE: Premium Fresh Judgment $140k is a lot better than the S0k he had been offering. My only concern is it will require a lot of SBA paperwork and Rabo does not receive much if any of the proceeds. I still expect him to bring the other parties to the table and make this recovery much more substantial. We lent the money with the expectation of being repaid. The SBA and Central Coast CDC share in our loss. I have sympathy for him. But, he did a poor job in choosing partners that lacked character. How is that our fault. IF we suggested that he seize control of the company, I doubt someone coerced him. Once again, I think they were looking to the Tamagni family and assuming they wouldn't let their Sons business fail. I still think Tamagni need to step up to the plate. Best Regards, 1 MB 000006 // -t. / ,,;( 7 · Frank Oliver, Special Assets Officer, Senior Rabobank, N.A. Fresno Financial Service Center 45 E. River Park Place West, Suite 408 Fresno, CA 93720 Telephone: (559) 447-7823 Internal Extension :17823 E-mail: James.Oliver@rabobank.com From: Bennett, R (Robert) Sent: Wednesday, January 22, 2014 11:45 AM To: Oliver, J (James) Subject: Fw: Premium Fresh Judgment Your thoughts? Sent from my Blackberry. From: b58@redshift.com [ mailto:b58@redshift.com] Sent: Wednesday, January 22, 2014 11:41 AM To: Oliver, J (James); Bennett, R (Robert) Cc: relliott@preferredproduce.com < relliott@preferredproduce.com > Subject: Premium Fresh Judgment Gentleman, Please review the attached document and consider. I will also be using a different email relliott@preferredproduceinc.com Thank you Robert Elliott 2 MB 000007