On April 16, 2021 a
Party Statement
was filed
involving a dispute between
and
for Professional Negligence Unlimited (25)
in the District Court of Monterey County.
Preview
Bryan L. Saalfeld SBN: 243331
Murphy, Pearson, Bradley & Feeney
580 California Street, Suite 1100
San Francisco, California 94101
415-788-1900 415-393-8087
ynesbitt@mpbf.com
Defendant FP Transitions, LLC
MONTEREY
1200 Aguajito Rd.
1200 Aguajito Rd.
Monterey, 93940
Monterey Courthouse
Independent Financial Group, LLC
FP Transitions, LLC
X
21CV001264
August 16, 2022 9:00 a.m. 14
X Bryan L. Saalfeld
X Defendant and Cross-Complainant FP Transitions, LLC
X April 28, 2022
X
David Marshall and Marshall Wealth
Management Group. Numerous attempts to serve Mr. Marshall on behalf of both have been unsuccessful.
X
Negligence action alleging causes of action for: (1) Equitable Indemnity; (2) Equitable Contribution; (3) Breach of Contract
Third Party Beneficiary; (4) Negligent Misrepresentation; (5) Professional Negligence; and (6) Negligence.
Independent Financial Group, LLC
21CV001264
FP Transitions, LLC
This is a negligence action by Plaintiffs against Defendant, stemming from alleged losses by assignors who transferred money
to accounts that were run by a third party running a massive Ponzi scheme. Defendant operated a marketplace where
investment advisors could purchase or sell their existing businesses. Defendant refutes all of Plaintiffs’ allegations.
X
X
Defendant has served discovery and intends to take depositions of the nearly 30 assignors. IFG has also
filed a new related action with assignor Gene Kondo, who this Court had stricken from this matter. Plaintiff has stated it
was amending that complaint.
8/15/2022-8/25/2022 (Trial); 9/19/22; (Trial); 9/12/23 (Trial)
X 7-10 days
X
X
X
The amount in controversy
exceeds $50,000.00.
Independent Financial Group, LLC
21CV001264
FP Transitions, LLC
X
X
X
X
Independent Financial Group, LLC
FP Transitions, LLC 21CV001264
X Hiscox
X
X
Kamlan et al v. Marshall et al
U.S. District Court California Northern District (San Francisco)
3:18-cv-05469-MMC
Third Party Complaint Stayed pending FINRA Arbitration between other parties. Dismissal likely.
X
X
Defendants are filing another demurrer and may file a Motion for Summary Judgment, and may file Motions In Limine.
X
Defendants Written Discovery Per Code
Defendants Defendant’s Depositions Per Code
Defendants Plaintiffs’ Depositions Per Code
Defendants Witness Depositions Per Code
Defendants Expert Depositions Per Code
Independent Financial Group, LLC
21CV001264
FP Transitions, LLC
X
1
August 1, 2022
Bryan L. Saalfeld
1 ATTACHMENT 13
2 Related Cases
3 (1) Name of Case: INDEPENDENT FINANCIAL GROUP, LLC vs. FP TRANSITIONS, LLC
4 (2) Name of Court: Superior Court of California, County of Monterey
5 (3) Case Number: 22CV001149
6 (4) Status: Plaintiff is amending complaint but has not yet served first amended complaint on
7 Defendant FP Transitions, LLC.
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1 CERTIFICATE OF SERVICE
2 I, Anne G. Montastier, declare:
3 I am a citizen of the United States, am over the age of eighteen years, and am not a party to or
4 interested in the within entitled cause. My business address is 580 California Street, Suite 1100, San
5 Francisco, California 94104.
6 On August 1, 2022, I served the following document(s) on the parties in the within action:
7 CASE MANAGEMENT STATEMENT
8
9 VIA E-MAIL: I attached the above-described document(s) to an e-mail message, and
X invoked the send command to transmit the e-mail message to the person(s) at the e-mail
10 address(es) listed below. My email address is AMontastier@mpbf.com.
11
Rick Smith Attorney For Plaintiff/ Cross-Defendant
12 Markun Zusman Freniere & Compton LLP INDEPENDENT FINANCIAL GROUP,
465 California Street, Suite 401 LLC, ET AL.
13 San Francisco, CA 94104
E-mail: rsmith@mzclaw.com
14 Email: hwong@mzclaw.com
Phone: (415) 438-4388
15 Fax: (415) 434-4505
16
I declare under penalty of perjury under the laws of the State of California that the foregoing is
17
a true and correct statement and that this Certificate was executed on August 1, 2022.
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20 By
Anne G. Montastier
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PROOF OF SERVICE
Document Filed Date
August 02, 2022
Case Filing Date
April 16, 2021
Category
Professional Negligence Unlimited (25)
Status
Conditional Settlement
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Bryan L. Saalfeld SBN: 243331 Murphy, Pearson, Bradley & Feeney 580 California Street, Suite 1100 San Francisco, California 94101 415-788-1900 415-393-8087 ynesbitt@mpbf.com Defendant FP Transitions, LLC MONTEREY 1200 Aguajito Rd. 1200 Aguajito Rd. Monterey, 93940 Monterey Courthouse Independent Financial Group, LLC FP Transitions, LLC X 21CV001264 August 16, 2022 9:00 a.m. 14 X Bryan L. Saalfeld X Defendant and Cross-Complainant FP Transitions, LLC X April 28, 2022 X David Marshall and Marshall Wealth Management Group. Numerous attempts to serve Mr. Marshall on behalf of both have been unsuccessful. X Negligence action alleging causes of action for: (1) Equitable Indemnity; (2) Equitable Contribution; (3) Breach of Contract Third Party Beneficiary; (4) Negligent Misrepresentation; (5) Professional Negligence; and (6) Negligence. Independent Financial Group, LLC 21CV001264 FP Transitions, LLC This is a negligence action by Plaintiffs against Defendant, stemming from alleged losses by assignors who transferred money to accounts that were run by a third party running a massive Ponzi scheme. Defendant operated a marketplace where investment advisors could purchase or sell their existing businesses. Defendant refutes all of Plaintiffs’ allegations. X X Defendant has served discovery and intends to take depositions of the nearly 30 assignors. IFG has also filed a new related action with assignor Gene Kondo, who this Court had stricken from this matter. Plaintiff has stated it was amending that complaint. 8/15/2022-8/25/2022 (Trial); 9/19/22; (Trial); 9/12/23 (Trial) X 7-10 days X X X The amount in controversy exceeds $50,000.00. Independent Financial Group, LLC 21CV001264 FP Transitions, LLC X X X X Independent Financial Group, LLC FP Transitions, LLC 21CV001264 X Hiscox X X Kamlan et al v. Marshall et al U.S. District Court California Northern District (San Francisco) 3:18-cv-05469-MMC Third Party Complaint Stayed pending FINRA Arbitration between other parties. Dismissal likely. X X Defendants are filing another demurrer and may file a Motion for Summary Judgment, and may file Motions In Limine. X Defendants Written Discovery Per Code Defendants Defendant’s Depositions Per Code Defendants Plaintiffs’ Depositions Per Code Defendants Witness Depositions Per Code Defendants Expert Depositions Per Code Independent Financial Group, LLC 21CV001264 FP Transitions, LLC X 1 August 1, 2022 Bryan L. Saalfeld 1 ATTACHMENT 13 2 Related Cases 3 (1) Name of Case: INDEPENDENT FINANCIAL GROUP, LLC vs. FP TRANSITIONS, LLC 4 (2) Name of Court: Superior Court of California, County of Monterey 5 (3) Case Number: 22CV001149 6 (4) Status: Plaintiff is amending complaint but has not yet served first amended complaint on 7 Defendant FP Transitions, LLC. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1- 1 CERTIFICATE OF SERVICE 2 I, Anne G. Montastier, declare: 3 I am a citizen of the United States, am over the age of eighteen years, and am not a party to or 4 interested in the within entitled cause. My business address is 580 California Street, Suite 1100, San 5 Francisco, California 94104. 6 On August 1, 2022, I served the following document(s) on the parties in the within action: 7 CASE MANAGEMENT STATEMENT 8 9 VIA E-MAIL: I attached the above-described document(s) to an e-mail message, and X invoked the send command to transmit the e-mail message to the person(s) at the e-mail 10 address(es) listed below. My email address is AMontastier@mpbf.com. 11 Rick Smith Attorney For Plaintiff/ Cross-Defendant 12 Markun Zusman Freniere & Compton LLP INDEPENDENT FINANCIAL GROUP, 465 California Street, Suite 401 LLC, ET AL. 13 San Francisco, CA 94104 E-mail: rsmith@mzclaw.com 14 Email: hwong@mzclaw.com Phone: (415) 438-4388 15 Fax: (415) 434-4505 16 I declare under penalty of perjury under the laws of the State of California that the foregoing is 17 a true and correct statement and that this Certificate was executed on August 1, 2022. 18 19 20 By Anne G. Montastier 21 22 23 24 25 26 27 28 -1- PROOF OF SERVICE