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1 Timothy M. Flaherty, Esq., SBN 99666
Christian P. Foote, Esq., SBN 240919
2 CLARK HILL LLP ELECTRONICALLY
3
505 Montgomery Street, 13th Floor F I L E D
San Francisco, CA 94111 Superior Court of California,
County of San Francisco
Telephone: (415) 984-8500
4 Facsimile: (415) 984-8599 09/28/2021
Clerk of the Court
TFlaherty@clarkhill.com BY: YOLANDA TABO-RAMIREZ
5
CFoote@clarkhill.com Deputy Clerk
6
Attorneys for Defendant/Cross-Complainant
7 ALICE PHELAN SULLIVAN CORPORATION
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 CITY AND COUNTY OF SAN FRANCISCO
10
WHITE HOUSE VENTURES, LLC, a Case No. CGC-20-582659
11 California limited liability company,
DEFENDANT AND CROSS-COMPLAINANT
12 Plaintiff, ALICE PHELAN SULLIVAN
13 CORPORATION’S LIST OF TRIAL
v. WITNESSES
14 ALICE PHELAN SULLIVAN
CORPORATION, a California corporation; and Date of Trial: October 5, 2021
15
DOES 1-100, Dept: 505
16 Hon. Judge Harold E. Kahn
Defendants.
17
________________________________________
Complaint filed: February 3, 2020
18
ALICE PHELAN SULLIVAN
CORPORATION, a California corporation, Cross-Complaint Filed: May 29, 2020
19
20 Cross-Complainant,
21 v.
22 WHITE HOUSE VENTURES, LLC, a
California limited liability company, and ROES
23 1-10,
24 Cross-Defendants.
25
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DEFENDANT AND CROSS-COMPLAINANT ALICE PHELAN SULLIVAN CORPORATION’S LIST OF TRIAL WITNESSES
CLARKHILL\62578\372310\264215916.v1-9/29/21
1 Defendant and Cross-Complainant Alice Phelan Sullivan Corporation in accordance with the
2 parties’ stipulation and the Local Rules of Court for the San Francisco Superior Court, Rule 6.4,
3 hereby submit the following Listing of Trial Witnesses.
4 Witness Description of Testimony Anticipated
Length of
5 Testimony
1. James Andersen, CPA/CFF/ Mr. Andersen is an expert witness offering 2 Hours
6 ABV/ASA rebuttal testimony regarding Plaintiff’s
alleged damages, including the alleged
7 diminution in value of the White House
Garage business and Leasehold, the non-
8
existence of any damage to Plaintiff caused
9 by alleged loss of deferral of Federal Income
Taxes offered by U.S. Internal Revenue Code
10 Section 1031; the lack of any damages to
Plaintiff allegedly cause by its inability to
11 diversify its holdings by selling the White
House Garage business including the
12 assignment of its Lease and Plaintiff’s claim
of reduced income as damages. Mr. Andersen
13 may offer other testimony in response to
testimony of other witnesses or evidence
14 presented by Plaintiff at Trial.
2. Randall Barkan Mr. Barkan is an expert witness and will offer 3 Hours
15
opinions regarding real estate custom and
16 practice when a tenant seeks landlord’s
consent to assignment of its lease; customary
17 inquiries of and conditions imposed by a
landlord as part of a consent to assignment of
18 lease and industry custom and practice;
documentation and information necessary for
19 a landlord to enable to assess both the
financial and operational abilities of a
20 proposed assignee; information typically
provided to a landlord in order for it to assess
21 these issues.
3. Todd Chapman Mr. Chapman will testify through deposition 1 Hour
22 excerpts of JMA’s refusal to provide any
verifiable financial or operational strength
23
information to APS; JMA’s failure to disclose
24 to APS of its intent to leverage the Lease with
a leasehold mortgage; JMA’s
25 misrepresentations to APS that its acquisition
of WHV would be without any financing; its
26 refusal to provide any information to APS
2
DEFENDANT AND CROSS-COMPLAINANT ALICE PHELAN SULLIVAN CORPORATION’S LIST OF TRIAL WITNESSES
CLARKHILL\62578\372310\264215916.v1-9/29/21
1 until after APS formally denied consent to the
proposed assignment and its unwillingness to
2 engage in further discussions with APS;
JMA’s primary purpose in acquiring the
3 leasehold interest was not for operation of the
garage but to secure a foothold into the
4 building to acquire development rights in the
future.
5
4. Erin Doyle Ebeling Ms Ebeling is the President of defendant 4 Hours
6 Alice Phelan Sullivan Corporation (“APS”).
Ms. Ebeling will testify on behalf of APS
7 regarding the Lease provisions governing the
Tenant’s request for Landlord to consider
8 consent to an assignment of the Lease,
Landlord’s reasonable inquiries into the
9 financial and operational strength of proposed
assignees in 2017 and 2019; APS approval of
10 Interpark as an assignee in 2017; the repair
and maintenance obligations of APS under
11 the lease and Interpark’s non-negotiable
demand to alter the terms of the lease; APS
12
denial of consent to assignment of Lease to
13 JMA in 2019 for failure to provide any of the
requested documentation demonstrating its
14 financial and operational strength; Landlord’s
reasonable concerns regarding the financial
15 and operational strength of JMA.
5. Andrew McLaughlin Mr. McLaughlin was the representative of 1 Hour
16 Interpark and communicated with APS in
2017 regarding the proposed assignment of
17 lease to Interpark. Mr. McLaughlin through
deposition excerpts will testify to the
18 reasonableness of the requests of APS to
Interpark to demonstrate its financial and
19
operational strength, reasonableness of the
20 conditions imposed by APS and Interpark’s
non-negotiable requirement that the Lease
21 provisions governing the parties repair and
maintenance obligations be modified .
22
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DEFENDANT AND CROSS-COMPLAINANT ALICE PHELAN SULLIVAN CORPORATION’S LIST OF TRIAL WITNESSES
CLARKHILL\62578\372310\264215916.v1-9/29/21
1 Dated: September 28, 2021 CLARK HILL LLP
2
3 By:
Timothy M. Flaherty
4 Christian P. Foote
Attorneys for Defendant/Cross-Complainant
5
ALICE PHELAN SULLIVAN
6 CORPORATION
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DEFENDANT AND CROSS-COMPLAINANT ALICE PHELAN SULLIVAN CORPORATION’S LIST OF TRIAL WITNESSES
CLARKHILL\62578\372310\264215916.v1-9/29/21
1 PROOF OF SERVICE
2 I, the undersigned, am employed in the County of San Francisco, State of California. I am
over the age of 18 and not a party to the within action; my business address is Clark Hill LLP, 505
3 Montgomery Street, 13th Floor, San Francisco, CA 94111.
4 On September 28, 2021, I served the following documents in the manner described
below:
5
DEFENDANT AND CROSS-COMPLAINANT ALICE PHELAN SULLIVAN
6 CORPORATION’S LIST OF TRIAL WITNESSES
! [BY ELECTRONIC SERVICE VIA FILE AND SERVE EXPRESS]: Based on a court
7
order, I caused the above-entitled document(s) to be served through File & ServeXpress
8 at http://secure.fileandserveexpress.com addressed to all parties appearing on the
electronic service list for the above-entitled case. The service transmission was reported
9 as complete and a copy of the File & ServeXpress filing Receipt Page/Confirmation will
be filed, deposited or maintained with the original document(s) in this office.
10
On the following part(ies) in this action:
11
Gregory S. Cavallo, Esq. Attorneys for Plaintiff
12
Jeffrey W. Shopoff, Esq. WHITE HOUSE VENTURES, LLC
13 James M. Robinson, Esq.
SHOPOFF CAVALLO LLP
14 155 Montgomery Street, Suite 401
San Francisco, CA 94104
15 Telephone: (415) 854-0370
Facsimile: (415) 854-0370
16 Email: greg@shopoffcavallo.com
jeffrey@shopoffcavallo.com
17 james@shopoffcavallo.com
18
I declare under penalty of perjury under the laws of the state of California that the
19 foregoing is true and correct.
20 Executed on September 28, 2021, at San Francisco, California.
21
22
TERESA L. STEEN
23
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DEFENDANT AND CROSS-COMPLAINANT ALICE PHELAN SULLIVAN CORPORATION’S LIST OF TRIAL WITNESSES
CLARKHILL\62578\372310\264215916.v1-9/29/21
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1 Timothy M. Flaherty, Esq., SBN 99666 Christian P. Foote, Esq., SBN 240919 2 CLARK HILL LLP ELECTRONICALLY 3 505 Montgomery Street, 13th Floor F I L E D San Francisco, CA 94111 Superior Court of California, County of San Francisco Telephone: (415) 984-8500 4 Facsimile: (415) 984-8599 09/28/2021 Clerk of the Court TFlaherty@clarkhill.com BY: YOLANDA TABO-RAMIREZ 5 CFoote@clarkhill.com Deputy Clerk 6 Attorneys for Defendant/Cross-Complainant 7 ALICE PHELAN SULLIVAN CORPORATION 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 CITY AND COUNTY OF SAN FRANCISCO 10 WHITE HOUSE VENTURES, LLC, a Case No. CGC-20-582659 11 California limited liability company, DEFENDANT AND CROSS-COMPLAINANT 12 Plaintiff, ALICE PHELAN SULLIVAN 13 CORPORATION’S LIST OF TRIAL v. WITNESSES 14 ALICE PHELAN SULLIVAN CORPORATION, a California corporation; and Date of Trial: October 5, 2021 15 DOES 1-100, Dept: 505 16 Hon. Judge Harold E. Kahn Defendants. 17 ________________________________________ Complaint filed: February 3, 2020 18 ALICE PHELAN SULLIVAN CORPORATION, a California corporation, Cross-Complaint Filed: May 29, 2020 19 20 Cross-Complainant, 21 v. 22 WHITE HOUSE VENTURES, LLC, a California limited liability company, and ROES 23 1-10, 24 Cross-Defendants. 25 26 1 DEFENDANT AND CROSS-COMPLAINANT ALICE PHELAN SULLIVAN CORPORATION’S LIST OF TRIAL WITNESSES CLARKHILL\62578\372310\264215916.v1-9/29/21 1 Defendant and Cross-Complainant Alice Phelan Sullivan Corporation in accordance with the 2 parties’ stipulation and the Local Rules of Court for the San Francisco Superior Court, Rule 6.4, 3 hereby submit the following Listing of Trial Witnesses. 4 Witness Description of Testimony Anticipated Length of 5 Testimony 1. James Andersen, CPA/CFF/ Mr. Andersen is an expert witness offering 2 Hours 6 ABV/ASA rebuttal testimony regarding Plaintiff’s alleged damages, including the alleged 7 diminution in value of the White House Garage business and Leasehold, the non- 8 existence of any damage to Plaintiff caused 9 by alleged loss of deferral of Federal Income Taxes offered by U.S. Internal Revenue Code 10 Section 1031; the lack of any damages to Plaintiff allegedly cause by its inability to 11 diversify its holdings by selling the White House Garage business including the 12 assignment of its Lease and Plaintiff’s claim of reduced income as damages. Mr. Andersen 13 may offer other testimony in response to testimony of other witnesses or evidence 14 presented by Plaintiff at Trial. 2. Randall Barkan Mr. Barkan is an expert witness and will offer 3 Hours 15 opinions regarding real estate custom and 16 practice when a tenant seeks landlord’s consent to assignment of its lease; customary 17 inquiries of and conditions imposed by a landlord as part of a consent to assignment of 18 lease and industry custom and practice; documentation and information necessary for 19 a landlord to enable to assess both the financial and operational abilities of a 20 proposed assignee; information typically provided to a landlord in order for it to assess 21 these issues. 3. Todd Chapman Mr. Chapman will testify through deposition 1 Hour 22 excerpts of JMA’s refusal to provide any verifiable financial or operational strength 23 information to APS; JMA’s failure to disclose 24 to APS of its intent to leverage the Lease with a leasehold mortgage; JMA’s 25 misrepresentations to APS that its acquisition of WHV would be without any financing; its 26 refusal to provide any information to APS 2 DEFENDANT AND CROSS-COMPLAINANT ALICE PHELAN SULLIVAN CORPORATION’S LIST OF TRIAL WITNESSES CLARKHILL\62578\372310\264215916.v1-9/29/21 1 until after APS formally denied consent to the proposed assignment and its unwillingness to 2 engage in further discussions with APS; JMA’s primary purpose in acquiring the 3 leasehold interest was not for operation of the garage but to secure a foothold into the 4 building to acquire development rights in the future. 5 4. Erin Doyle Ebeling Ms Ebeling is the President of defendant 4 Hours 6 Alice Phelan Sullivan Corporation (“APS”). Ms. Ebeling will testify on behalf of APS 7 regarding the Lease provisions governing the Tenant’s request for Landlord to consider 8 consent to an assignment of the Lease, Landlord’s reasonable inquiries into the 9 financial and operational strength of proposed assignees in 2017 and 2019; APS approval of 10 Interpark as an assignee in 2017; the repair and maintenance obligations of APS under 11 the lease and Interpark’s non-negotiable demand to alter the terms of the lease; APS 12 denial of consent to assignment of Lease to 13 JMA in 2019 for failure to provide any of the requested documentation demonstrating its 14 financial and operational strength; Landlord’s reasonable concerns regarding the financial 15 and operational strength of JMA. 5. Andrew McLaughlin Mr. McLaughlin was the representative of 1 Hour 16 Interpark and communicated with APS in 2017 regarding the proposed assignment of 17 lease to Interpark. Mr. McLaughlin through deposition excerpts will testify to the 18 reasonableness of the requests of APS to Interpark to demonstrate its financial and 19 operational strength, reasonableness of the 20 conditions imposed by APS and Interpark’s non-negotiable requirement that the Lease 21 provisions governing the parties repair and maintenance obligations be modified . 22 /// 23 /// 24 /// 25 /// 26 3 DEFENDANT AND CROSS-COMPLAINANT ALICE PHELAN SULLIVAN CORPORATION’S LIST OF TRIAL WITNESSES CLARKHILL\62578\372310\264215916.v1-9/29/21 1 Dated: September 28, 2021 CLARK HILL LLP 2 3 By: Timothy M. Flaherty 4 Christian P. Foote Attorneys for Defendant/Cross-Complainant 5 ALICE PHELAN SULLIVAN 6 CORPORATION 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4 DEFENDANT AND CROSS-COMPLAINANT ALICE PHELAN SULLIVAN CORPORATION’S LIST OF TRIAL WITNESSES CLARKHILL\62578\372310\264215916.v1-9/29/21 1 PROOF OF SERVICE 2 I, the undersigned, am employed in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action; my business address is Clark Hill LLP, 505 3 Montgomery Street, 13th Floor, San Francisco, CA 94111. 4 On September 28, 2021, I served the following documents in the manner described below: 5 DEFENDANT AND CROSS-COMPLAINANT ALICE PHELAN SULLIVAN 6 CORPORATION’S LIST OF TRIAL WITNESSES ! [BY ELECTRONIC SERVICE VIA FILE AND SERVE EXPRESS]: Based on a court 7 order, I caused the above-entitled document(s) to be served through File & ServeXpress 8 at http://secure.fileandserveexpress.com addressed to all parties appearing on the electronic service list for the above-entitled case. The service transmission was reported 9 as complete and a copy of the File & ServeXpress filing Receipt Page/Confirmation will be filed, deposited or maintained with the original document(s) in this office. 10 On the following part(ies) in this action: 11 Gregory S. Cavallo, Esq. Attorneys for Plaintiff 12 Jeffrey W. Shopoff, Esq. WHITE HOUSE VENTURES, LLC 13 James M. Robinson, Esq. SHOPOFF CAVALLO LLP 14 155 Montgomery Street, Suite 401 San Francisco, CA 94104 15 Telephone: (415) 854-0370 Facsimile: (415) 854-0370 16 Email: greg@shopoffcavallo.com jeffrey@shopoffcavallo.com 17 james@shopoffcavallo.com 18 I declare under penalty of perjury under the laws of the state of California that the 19 foregoing is true and correct. 20 Executed on September 28, 2021, at San Francisco, California. 21 22 TERESA L. STEEN 23 24 25 26 5 DEFENDANT AND CROSS-COMPLAINANT ALICE PHELAN SULLIVAN CORPORATION’S LIST OF TRIAL WITNESSES CLARKHILL\62578\372310\264215916.v1-9/29/21