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ScoTT Law FiRM
1388 Sutter St.. #715 San Francisco. CA 94109
oO Om YN DH HN FF BN
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RBRXRRBREBRRSVEeE WA BEBSRAS
ELECTRONICALLY
FILED
Scorr Law Firm Superior Court of Calffornia,
John Houston Scott (SBN 72578) ‘County of San Francisco
Lizabeth N. de Vries (SBN 227215) 06/08/2016
1388 Sutter Street, Suite 715 Clerk of the Court
San Francisco, CA 94109 Deputy Clerk
liza@scottlawfirm.net
Telephone: (415) 561-9603; Fax: (415) 561-9609
Attorneys for Successor Trustee,
Mauricio Calderon
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Inre Case No.: PTR-16-299 688
THE LINA CALDERON FAMILY TRUST | DECLARATION OF LIZABETH N. DE
VRIES PURSUANT TO CODE OF CIVIL
PROCEDURE 430.41 AND REQUEST
ELBA CALDERON and DAVID CALDERON, | FOR CONTINUANCE OF JUNE 21, 2016
HEARING DATE
Petitioners,
[Cal. Code Civ. Pro. § 430.41]
vs.
Hearing: June 21, 2016
MAURICIO CALDERON, individually and as | Dept.: 204
Trustee of the LINA CALDERON FAMILY Time: 9:00
TRUST, JOSEPH CALDERON, RIGOBERTO
CALDERON III; MICHAEL NICHOLS and
JEAN CALDERON ARO and Does 1-20,
inclusive,
Respondents.
DECL. of LND PURSUANT TO CCP 430.41 AND REQUEST CONTINUANCE OF JUNE 21, 2016 HEARINGScott LAW FIRM
1388 Sutter St.. #715 San Francisco. CA 94109
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15
J, Lizabeth N. de Vries, declare as follows:
1. I am an attorney licensed to practice law before this Court and in all the courts of the State of
California. I represent Mauricio Calderon who is named in his Trustee and individual capacity relating
to the Lina Calderon Family Trust in the above-captioned matter. I have personal knowledge of all facts
stated herein, except where stated otherwise, and if called upon to do so, I can and will testify thereto.
2. This declaration is presented to this Court and its Probate Examiner to notify the Court of the
parties’ meet-and-confer efforts relating to my client’s anticipated demurrer to the First Amended
Petition by Elba Calderon and David Calderon against my client and others. The petition is set for
hearing on June 21, 2016. The purpose of this declaration is to request that the June 21, 2016 hearing be
continued for at least 30 days as permitted by CCP Section 430.41.
3. My client’s demurrer to the First Amended Petition is due on June 13, 2016. Unfortunately the’
parties were not able to complete the meet-and-confer process five days prior to this date, by June 8,
2016, despite my good-faith efforts described below.
4. I began a meet-and-confer effort with David Golden, counsel for petitioners Elba Calderon
and David Calderon, in early May, confirmed in exchanged emails on May 2, 2016. The issues
discussed relating to the initial petition that was filed by his clients and set for hearing on May 17, 2016,
were the same issues for demurrer that were later identified by me in a meet-and-confer letter dated June
3, 2016 relating to Mr. Golden’s First Amended Petition.
5. On May 10, 2016, Mr. Golden informed me that the hearing date of May 17, 2016 for his
initially filed petition was continued to June 21, 2016 to consider the First Amended Petition.
6. On May 13, 2016, Mr. Golden served my client with the First Amended Petition (“FAP”).
7. [reviewed the FAP and advised Mr. Golden in writing on May 13, 2016 that my client would
be sending over a meet-and-confer letter outlining facts and law relating to my client’s anticipated
response, a demurrer.
Mt
DECL. of LND PURSUANT TO CCP 430.41 AND REQUEST CONTINUANCE OF JUNE 21, 2016 HEARINGScoTT LAW FiRM
1388 Sutter St.. #715 San Francisco. CA 94109
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8. On June 3, 2016, I sent Mr. Golden a detailed meet-and-confer letter, transmitted by email and
hand-delivery. I outlined my client’s anticipated grounds to demur as to all causes of action in the FAP,
against both petitioners. | invited Mr. Golden to discuss the issues with me live on several dates/times.
9, Having not heard from Mr. Golden, on June 7", [sent Mr. Golden a gentle reminder email that
the fifth day before the deadline for my client to file his demurrer was this week, and, requested that Mr.
Golden respond to my meet-and-confer letter. Later that afternoon I received an email from Mr. Golden
representing that he intended to “amend or re file a petition” so there was “no need to respond to the
petition.” Unsure what this statement meant, I called and left a voicemail for (and followed by an email
to) Mr. Golden on June 8, 2016 and requested that he please advise as to his exact intention regarding
the pending FAP and hearing date of June 21, 2016. Later this afternoon I received another email from
Mr. Golden which did not clarify his clients’ intentions regarding the June 21, 2016 hearing. | again
requestsed that Mr. Golden call me but for reasons that remain unclear, I have yet to hear from him live
before e-filing this declaration today (the fifth day before my client’s response is due).
10. Despite my good-faith efforts to meet and confer as set forth herein, the parties were unable
to complete the process five days prior to the date my client’s responsive pleading is due, June 13, 2016.
Moreover, given Mr. Golden’s communications thus far, it appears that it would best serve the parties to
continue this meet-and-confer effort over the next 30 days. Further, I believe that a continuance would
preserve judicial resources.
11. Accordingly, Mauricio Caldeorn respectfully requests this Court continue the June 21, 2016
hearing by at least 30 days, so that my client may file a demurrer to the FAP, or otherwise respond to
any other subsequent petition, as specifically authorized by CCP Section 430.41 (a)(2).
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration was executed on June 7, 2016 at San Francisco, California.
Dated: June 7, 2016
Lizabedh N. de Vries for SCOTT LAW FIRM,
Attorneys for MAURICIO CALDERON
DECL. of LND PURSUANT TO CCP 430.41 AND REQUEST CONTINUANCE OF JUNE 21, 2016 HEARING
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ScoTT Law FiRM 1388 Sutter St.. #715 San Francisco. CA 94109 oO Om YN DH HN FF BN NN NN KY NY SF Be Be Be Be ee eB Be RBRXRRBREBRRSVEeE WA BEBSRAS ELECTRONICALLY FILED Scorr Law Firm Superior Court of Calffornia, John Houston Scott (SBN 72578) ‘County of San Francisco Lizabeth N. de Vries (SBN 227215) 06/08/2016 1388 Sutter Street, Suite 715 Clerk of the Court San Francisco, CA 94109 Deputy Clerk liza@scottlawfirm.net Telephone: (415) 561-9603; Fax: (415) 561-9609 Attorneys for Successor Trustee, Mauricio Calderon SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO Inre Case No.: PTR-16-299 688 THE LINA CALDERON FAMILY TRUST | DECLARATION OF LIZABETH N. DE VRIES PURSUANT TO CODE OF CIVIL PROCEDURE 430.41 AND REQUEST ELBA CALDERON and DAVID CALDERON, | FOR CONTINUANCE OF JUNE 21, 2016 HEARING DATE Petitioners, [Cal. Code Civ. Pro. § 430.41] vs. Hearing: June 21, 2016 MAURICIO CALDERON, individually and as | Dept.: 204 Trustee of the LINA CALDERON FAMILY Time: 9:00 TRUST, JOSEPH CALDERON, RIGOBERTO CALDERON III; MICHAEL NICHOLS and JEAN CALDERON ARO and Does 1-20, inclusive, Respondents. DECL. of LND PURSUANT TO CCP 430.41 AND REQUEST CONTINUANCE OF JUNE 21, 2016 HEARINGScott LAW FIRM 1388 Sutter St.. #715 San Francisco. CA 94109 oe IN HD HF WN Se oe eB ee Bw NF Oo 15 J, Lizabeth N. de Vries, declare as follows: 1. I am an attorney licensed to practice law before this Court and in all the courts of the State of California. I represent Mauricio Calderon who is named in his Trustee and individual capacity relating to the Lina Calderon Family Trust in the above-captioned matter. I have personal knowledge of all facts stated herein, except where stated otherwise, and if called upon to do so, I can and will testify thereto. 2. This declaration is presented to this Court and its Probate Examiner to notify the Court of the parties’ meet-and-confer efforts relating to my client’s anticipated demurrer to the First Amended Petition by Elba Calderon and David Calderon against my client and others. The petition is set for hearing on June 21, 2016. The purpose of this declaration is to request that the June 21, 2016 hearing be continued for at least 30 days as permitted by CCP Section 430.41. 3. My client’s demurrer to the First Amended Petition is due on June 13, 2016. Unfortunately the’ parties were not able to complete the meet-and-confer process five days prior to this date, by June 8, 2016, despite my good-faith efforts described below. 4. I began a meet-and-confer effort with David Golden, counsel for petitioners Elba Calderon and David Calderon, in early May, confirmed in exchanged emails on May 2, 2016. The issues discussed relating to the initial petition that was filed by his clients and set for hearing on May 17, 2016, were the same issues for demurrer that were later identified by me in a meet-and-confer letter dated June 3, 2016 relating to Mr. Golden’s First Amended Petition. 5. On May 10, 2016, Mr. Golden informed me that the hearing date of May 17, 2016 for his initially filed petition was continued to June 21, 2016 to consider the First Amended Petition. 6. On May 13, 2016, Mr. Golden served my client with the First Amended Petition (“FAP”). 7. [reviewed the FAP and advised Mr. Golden in writing on May 13, 2016 that my client would be sending over a meet-and-confer letter outlining facts and law relating to my client’s anticipated response, a demurrer. Mt DECL. of LND PURSUANT TO CCP 430.41 AND REQUEST CONTINUANCE OF JUNE 21, 2016 HEARINGScoTT LAW FiRM 1388 Sutter St.. #715 San Francisco. CA 94109 oC mnt A nA BF WN = Ss ll 8. On June 3, 2016, I sent Mr. Golden a detailed meet-and-confer letter, transmitted by email and hand-delivery. I outlined my client’s anticipated grounds to demur as to all causes of action in the FAP, against both petitioners. | invited Mr. Golden to discuss the issues with me live on several dates/times. 9, Having not heard from Mr. Golden, on June 7", [sent Mr. Golden a gentle reminder email that the fifth day before the deadline for my client to file his demurrer was this week, and, requested that Mr. Golden respond to my meet-and-confer letter. Later that afternoon I received an email from Mr. Golden representing that he intended to “amend or re file a petition” so there was “no need to respond to the petition.” Unsure what this statement meant, I called and left a voicemail for (and followed by an email to) Mr. Golden on June 8, 2016 and requested that he please advise as to his exact intention regarding the pending FAP and hearing date of June 21, 2016. Later this afternoon I received another email from Mr. Golden which did not clarify his clients’ intentions regarding the June 21, 2016 hearing. | again requestsed that Mr. Golden call me but for reasons that remain unclear, I have yet to hear from him live before e-filing this declaration today (the fifth day before my client’s response is due). 10. Despite my good-faith efforts to meet and confer as set forth herein, the parties were unable to complete the process five days prior to the date my client’s responsive pleading is due, June 13, 2016. Moreover, given Mr. Golden’s communications thus far, it appears that it would best serve the parties to continue this meet-and-confer effort over the next 30 days. Further, I believe that a continuance would preserve judicial resources. 11. Accordingly, Mauricio Caldeorn respectfully requests this Court continue the June 21, 2016 hearing by at least 30 days, so that my client may file a demurrer to the FAP, or otherwise respond to any other subsequent petition, as specifically authorized by CCP Section 430.41 (a)(2). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on June 7, 2016 at San Francisco, California. Dated: June 7, 2016 Lizabedh N. de Vries for SCOTT LAW FIRM, Attorneys for MAURICIO CALDERON DECL. of LND PURSUANT TO CCP 430.41 AND REQUEST CONTINUANCE OF JUNE 21, 2016 HEARING