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SKOOTSKY & DER LLP
90 New Montgomery Street, Suite 600
San Francisco, CA 94105
ROBERT R. CROSS (State Bar No. 056814)
rcross@skootskyder.com
RYAN J. MECKFESSEL (State Bar No. 215952)
rmeckfessel@skootskyder.com ELECTRONICALLY
SKOOTSKY & DER LLP FILED
90 New Montgomery Street, Suite 600 Superior Court of California,
San Francisco, CA 94105 County of San Francisco
Telephone: (415) 979-9800 03/04/2020
Facsimile: (415) 979-9821 Clerk of the Court
BY: BOWMAN LIU
Attorneys for Plaintiff Peputy Clerk
Prince M. Edmonds, Jr.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
PRINCE M. EDMONDS, JR., CASE NO. CGC-19-574048
Plaintiff, DECLARATION OF ROBERT R. CROSS
IN SUPPORT OF EX PARTE
vs. APPLICATION TO VACATE DISMISSAL
OR TO SHORTEN TIME TO HEAR
LATONYA EVETTE CARPENTER, and MOTION TO VACATE DISMISSAL
DOES 1 through 20, [CCP 473(b)]
Defendants. Date: March 4, 2020
Time: 11:00 a.m.
Dept: 206
Trial Date: None Pending
I, Robert R. Cross, declare:
1. lam a member of the California Bar and a partner in the law firm of Skootsky
& Der LLP, attorneys of record for Plaintiff Prince M. Edmonds, Jr. (“Prince”). | submit this
Declaration in support of Prince’s ex parte application (“Application”) to vacate the Court's
dismissal of the action on March 2, 2020 or, in the alternative, to shorten time for hearing
on Prince's Motion to Vacate Dismissal.
2. As the Court will recall, this action was initially set for trial on February 10,
2020. (Bench trial in a parallel Probate case between the same parties has been set for
1 Case No. CGC-19-574048SKOOTSKY & DER LLP
90 New Montgomery Street, Suite 600
San Francisco, CA 94105
March 30, 2020). During late January, 2020, the parties engaged in continuing settlement
conferences presided over by court-appointed settlement attorney Neil Bardack, and
reached tentative agreement on a number of terms. In order to pursue those negotiations,
the parties requested and the Court granted one-week continuances of trial, first to
February 18, 2020 and later to February 24, 2020.
3. The parties appeared for trial call on February 24 and requested the
opportunity to continue their settlement discussions, which had resulted in a
comprehensive draft settlement agreement. This Court agreed, and sent the parties to
Department 622 for further settlement discussions.
4. Prince has serious mobility issues resulting from various health problems and
treatments. On the morning of February 24, one of his sons assisted in bringing him to
Court in an electric scooter. Soon after arriving in the vicinity of Department 622, Prince
began suffering great discomfort and pain, to the point that his sister had to place an
emergency call to the Fire Department, which sent paramedics to transport him to the
hospital at UCSF for immediate treatment. As a result, no settlement progress was
possible and the Court approved counsels’ joint request to continue trial another week, to
March 2, 2020.
5. Prince remained at UCSF until Friday, February 28, when he was moved to
a rehabilitation facility for further care and physical therapy. He remains in that facility and
according to the facility social worker with whom | discussed the matter, he is unlikely to
be discharged until at least March 19, 2020.
6. On February 26, 2020, | emailed Defendant's counsel, Jonathan Madison, to
inform him that Prince was still at UCSF. A copy of my email is attached as Exhibit A. Mr.
Madison and | had a further discussion on Friday, February 28; | told him that on Monday,
March 2" | intended to request continuance of trial to March 30, 2020 (the date set for trial
of the parallel Probate proceeding) or for at least three weeks (to March 23") since | had
a previously-scheduled trial the week of March 16" in San Mateo.
2 Case No. CGC-19-57048SKOOTSKY & DER LLP
90 New Montgomery Street, Suite 600
San Francisco, CA 94105
7. On Sunday, March 1*, at 5:14 pm, after talking to a nurse who was caring for
Prince, | emailed Mr. Madison to inform him that Prince had been transferred to a
rehabilitation facility and | repeated that | would be requesting a three-week trial
continuance on March 2": My email (copy attached as Exhibit B), reads as follows:
Jonathan:
Prince was transferred to a nursing facility yesterday and is
likely to remain there for at least another week or more. | am
trying to find out when he would be able to see me so | can
get more complete information.
| will be asking to continue trial at least three weeks, due to
his health issues and my trial in San Mateo starting March 16.
8. On Monday, March 2"4, | was late to arrive in Department 206 due to delays
in traffic and on BART. When | arrived, | was informed by the Clerk that the Court had
dismissed the action. According to the docket entry, dismissal was ordered on motion by
Mr. Madison:
2020- | REMOVED FROM MASTER COURT CALENDAR SET FOR MAR-02-2020 - “*CASE |S
03-02 DISMISSED.*** JONATHAN MADISON, ESQ. APPEARING FOR DEFENDANT. NO OTHER
APPEARANCES ON THIS MATTER. DEFENDANT MOVED TO DISMISS THE CASE. THE COURT
ORDERS CASE DISMISSED. JUDGE: SAMUEL K. FENG; CLERK: R. VELUZ; MATTER NOT
REPORTED. (206)
9. That same afternoon, | emailed Mr. Madison and inquired whether he had
informed the Court about Prince’s health condition and my intention to appear and request
acontinuance. | also pointed out my absolute right to have the dismissal vacated under
Code of Civil Procedure section 473(b). | told Mr. Madison that unless he stipulated to
vacate the dismissal, | would appear at 11:00 a.m. Wednesday, March 4, 2020 to seek ex
parte relief vacating the dismissal or shortening time for hearing a motion to vacate. A
copy of my email is attached as Exhibit C. Mr. Madison’s response the following day did
not indicate whether he had disclosed my intentions or my client’s situation to the Court.
See Exhibit D. After a further email from me inquiring whether he had misled the Court
3 Case No. CGC-19-57048
CROSS DECL-SKOOTSKY & DER LLP
90 New Montgomery Street, Suite 600
San Francisco, CA 94105
about my intention to appear, he replied that he had not seen my March 1% email. Copies
of our emails are attached as Exhibit E.
10. In addition to our email correspondence, at 9:38 a.m. on March 2", since |
was running late, | texted Mr. Madison’s mobile phone (we had exchanged text messages
a number of times previously) to tell him “Will be there shortly.”
11. | have been present in court on various occasions when an attorney does not
appear for a scheduled hearing or trial setting. Unless it is clear that the attorney is not
planning to attend, it is customary for either the Court to request — or the appearing attorney
to volunteer — to phone the missing attorney or his/her office to determine the attorney's
whereabouts and intentions. That courtesy was not offered here.
12. Unfortunately, this isn’t the first absence of professional civility. Mr. Madison
filed a cross-complaint with an answer due May 28, 2019. On May 30, 2019, without any
notice, he requested entry of default. See Exhibit F. We had drafted the answer and were
waiting to obtain a Verification from our client, whose health problems delayed its return.
After learning of the situation, | pointed out that it is unprofessional to immediately seek
entry of default without notifying the party’s attorney and providing a chance to file a
responsive pleading. See Lasalle v. Vogel (2019) 36 Cal.App.5th 127, 134:
The State Bar Civility Guidelines deplore the conduct of an
attorney who races opposing counsel to the courthouse to
enter a default before a responsive pleading can be
filed. (Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681,
702, 84 Cal.Rptr.3d 351 (Fasuyi), quoting section 15 of the
California Attorney Guidelines of Civility and Professionalism
(2007).) Accordingly, it is now well-acknowledged that an
attorney has an ethical obligation to warn opposing counsel
that the attorney is about to take an adversary's default. (/d. at
pp. 701-702, 84 Cal.Rptr.3d 351.)
13. Mr. Madison stipulated to vacate the default, which the Court ordered. It is
unfortunate that the outcome of the prior “surprise default” episode didn’t have any impact
on Mr. Madison's practices.
4 Case No. CGC-19-57048
CROSS DECL.SKOOTSKY & DER LLP
90 New Montgomery Street, Suite 600
San Francisco, CA 94105
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| declare under penalty of perjury under the laws of California that the foregoing is
true and correct of my own knowledge. Executed at San Francisco, California on March
Md Cire
Robert R. Cross
4, 2020.
5 Case No. CGC-19-57048
CROSS DECL-Exhibit AFrom: Robert R. Cross
Sent: Wednesday, February 26, 2020 9:26 AM
To: Jonathan Madison
Cc: Ryan J. Meckfessel ; Kristin J. Kisker
Subject: Fwd: Prince Edmonds .
Harrison was troubled by lack of funds in the trust. I’m hoping he will consider the position. Prince is
still at UCSF.
Robert Cross
Skootsky & Der LLP
Cell: (415) 602-3865
Email: rcross@skootskyder.com
May contain privileged & confidential information.Exhibit BFrom: Robert R. Cross
Sent: Sunday, March 1, 2020 5:14 PM
To: Jonathan Madison
Cc: Ryan J. Meckfessel ; Kristin J. Kisker
Subject: RE: Prince Edmonds
Jonathan:
Prince was transferred to a nursing facility yesterday and is likely to remain there for
at least another week or more. I am trying to find out when he would be able to see me
so I can get more complete information.
I will be asking to continue trial at least three weeks, due to his health issues and my
trial in San Mateo starting March 16.
Bob
Robert R. Cross
SKOOTSKY & DER, LLP
90 New Montgomery Street, Suite 600
San Francisco, CA 94105
Cell: (415) 602-3865
Work: (415) 979-9800 (ext. 3)
Fax: (415) 979-9821
Email: reross@skootskyder.com
http:/Avww.skootskyder.com
CONFIDENTIALITY:
This email may contain confidential and/or privileged material for the sole use of the intended recipient(s). Any
review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or
authorized to receive for the recipient), please contact the sender by reply email or phone [(415)-979-9800] and
delete all copies of this message.Exhibit CFrom: Robert R. Cross
Sent: Monday, March 2, 2020 2:23 PM
To: Jonathan Madison
Cc: Ryan J, Meckfessel ; Kristin J. Kisker
Subject: Edmonds - Motion to Vacate Dismissal
Jonathan:
When I arrived at Dept 206 this morning, I learned that the Court had already called
and dismissed the case. I did not anticipate our case being called before I arrived after
being delayed in transit, and assumed that you would extend the professional
courtesy of informing the Court of our discussions over the weekend in which I made
it clear that I intended to appear and request a three-week continuance since Prince is
in a rehabilitation facility for an unknown period and unable to participate in trial - or
to engage in discussions about our proposed settlement. Please advise how the Court
decided to dismiss the action after Prince’s medical emergency only one week ago
which required him to be taken to USCS by paramedics of the San Francisco Fire
Department.
As you know, a dismissal must be vacated under CCP 473(b) on an application
supported by an attorney’s declaration “attesting to his or her mistake, inadvertence,
surprise or neglect“ resulting in the dismissal. Please immediately confirm whether
you will agree to withdrawal of the dismissal under the circumstances and our office
will send you a stipulation to execute. If you do not agree, be advised that I will
appear in Dept 206 at 11:00 a.m. Wednesday, March 4, 2020 to apply ex parte either
to vacate the dismissal or to shorten time to hear a motion to vacate.
My latest information is that Prince will likely be at the rehabilitation facility until
March 19, 2020. As I’ve told you before, I have a trial in San Mateo County starting
March 16, 2020 which is likely to take all that week, and might carry over into the
following week. If the Court grants an order shortening time instead of dismissal, I
will ask for a hearing date on March 24 or 25.
Bob
Robert R. Cross
SKOOTSKY & DER, LLP
90 New Montgomery Street, Suite 600
San Francisco, CA 94105
Cell: (415) 602-3865
Work: (415) 979-9800 (ext. 3)
Fax: (415) 979-9821
Email: rcross@skootskyder.com
http://vww.skootskyder.com
CONFIDENTIALITY:
This email may contain confidential and/or privileged material for the sole use of the intended recipient(s). Any
review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or
authorized to receive for the recipient), please contact the sender by reply email or phone [(415)-979-9800] and
delete all copies of this message.Exhibit DFrom: Jonathan Madison
Sent: Tuesday, March 3, 2020 11:08 AM
To: Robert R. Cross
Ce: Ryan J. Meckfessel ; Kristin J. Kisker
Subject: RE: Edmonds - Motion to Vacate Dismissal
Bob:
lam saddened to hear that your client is still not well and do hope he makes a strong recovery. | am
unaware of any discussions you and | had over the weekend. In fact, we had no discussions at all over
the weekend.
Motions under Code of Civil Procedure Section 473 are not ex parte matters. We have the right to
review your moving papers and the time to prepare an appropriate opposition. Please send me your ex
parte application papers as soon as possible.
Thank you.
Jonathan Madison
Fried
?,
¢
ttorneys at Ly
1901 Harrison Street, 14” Floor 625 Market Street, 4" Floor
Oakland, CA 94612 San Francisco, CA 94105
Tel 510-625-0100 Tel 415-421-0100
Fax 510-550-3621 Fax 415-762-5435
www. friedwilliams.com
This e-mail message is intended only for named recipients. It contains information that may be
confidential, privileged, attorney work product, or otherwise exempt from disclosure under
applicable law. Any unauthorized review, use, disclosure, or distribution is prohibited. If you
have received this message in error, then be advised that any review, disclosure, use,
dissemination, distribution, or reproduction of this message or its contents is strictly prohibited.
Please notify Fried & Williams LLP immediately if you have received this message in error, and
delete the message. Non-clients please note: any email sent after business hours will not be
viewed or responded to until the next business day. This transmission by itself does not
constitute the formation of an attorney/client relationship. Thank you.Exhibit EFrom: Robert R. Cross
Sent: Tuesday, March 3, 2020 2:14 PM
To: Jonathan Madison
Cc: Ryan J. Meckfessel ; Kristin J. Kisker
Subject: RE: Edmonds - Motion to Vacate Dismissal
Jonathan:
I emailed you on Wednesday morning that Prince was still at UCSF. On Sunday
evening I emailed you:
Prince was transferred to a nursing facility yesterday and is likely to remain there for at least another
week or more. I am trying to find out when he would be able to see me so I can get more complete
information.
I will be asking to continue trial at least three weeks, due to his health issues and my trial in San Mateo
starting March 16.
Obviously, you knew that I intended to appear and request a continuance due to
Prince’s inability to appear for trial and our continuing attempt to reach a settlement.
The docket entry indicates that when I was late to court you moved to dismiss the
case:
2020- REMOVED FROM MASTER COURT CALENDAR SET FOR MAR-02-2020 - ***CASE IS
03-02 DISMISSED.*** JONATHAN MADISON, ESQ. APPEARING FOR DEFENDANT. NO OTHER
APPEARANCES ON THIS MATTER. DEFENDANT MOVED TO DISMISS THE CASE. THE COURT
ORDERS CASE DISMISSED. JUDGE: SAMUEL K. FENG; CLERK: R. VELUZ; MATTER NOT
REPORTED. (206)
Your failure to disclose what you said about my intentions and email to you on
Sunday suggests that you were not candid with the Court. I will see you at 11 am
tomorrow.
Bob
Robert R. Cross
SKOOTSKY & DER, LLP
90 New Montgomery Street, Suite 600
San Francisco, CA 94105
Cell: (415) 602-3865
Work: (415) 979-9800 (ext. 3)
Fax: (415) 979-9821
Email: rcross@skootskyder.com
http://www.skootskyder.com
CONFIDENTIALITY:This email may contain confidential and/or privileged material for the sole use of the intended recipient(s). Any
review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or
authorized to receive for the recipient), please contact the sender by reply email or phone [(415)-979-9800] and
delete all copies of this message.
From: Jonathan Madison
Sent: Tuesday, March 3, 2020 2:48 PM
To: Robert R. Cross
Cc: Ryan J. Meckfessel ; Kristin J. Kisker
Subject: RE: Edmonds - Motion to Vacate Dismissal
Bob:
As indicated previously, you and I had no discussions over the weekend as you falsely asserted. | had
no way of knowing for certain the health and condition of your client. You also sent me an email last
week stating that your client was “feeling much better.” The fact that you sent an email to me ona
Sunday night does not suggest anything. | can’t speak for you, but | generally don’t check my work
emails on Sunday night. As such, | did not see your email until Monday morning after Court.
The fact of the matter is that you could have called the Court clerk to let them know you were running
late. You also should know that the Court, my client and | waited patiently for your arrival. In fact, the
Judge called all of the cases on the docket after our case — all in order to give you additional time. The
Court did not rush; we all waited patiently.
See you tomorrow morning. Please send your moving papers as soon as possible.
Best,
Jonathan Madison
Fried
kWilliams
Attorneys at Law
1901 Harrison Street, 14" Floor 625 Market Street, 4” Floor
Oakland, CA 94612 San Francisco, CA 94105
Tel 510-625-0100 Tel 415-421-0100
Fax 510-550-3621 Fax 415-762-5435
www.friedwilliams.com
This e-mail message is intended only for named recipients. It contains information that may be
confidential, privileged, attorney work product, or otherwise exempt from disclosure under
applicable law. Any unauthorized review, use, disclosure, or distribution is prohibited. If you
have received this message in error, then be advised that any review, disclosure, use,
dissemination, distribution, or reproduction of this message or its contents is strictly prohibited.
Please notify Fried & Williams LLP immediately if you have received this message in error, and
delete the message. Non-clients please note: any email sent after business hours will not be
viewed or responded to until the next business day. This transmission by itself does not
constitute the formation of an attorney/client relationship. Thank you.Exhibit FCiv-100
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.:
Clifford E, Fried, Esq., SBN 118288 / Jonathan Madison, SBN 311553
Fried & Williams LLP, 1901 Harrison Street, 14th Floor, Oakland, CA 94612
TELEPHONE NO.: 510-625-0100 Fax No.: 510-550-3621
E-MAIL ADDRESS: jmadison@friedwilliams.com
ATTORNEY FOR: Defendant and Cross-Complainant LaTonya Evette Carpenter
DEFAULT ENTERED
AS REQUESTERPURT USE ONLY
ELECTRONICALLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO.
San Francisco Superior Gourt, Unlimited Civil Jurisdiction
400 McAllister Street,
San Francisco, CA 94102
FILED
Superior Court of California,
County of San Francisco
05/30/2019
Plaintiff/Petitioner: Prince M, Edmonds, Jr.
Defendant/Respondent; LaTonya Evette Carpenter
Clerk of the Court
BY: NADITA MASON
Deputy Clerk
REQUEST FOR [X] Entry of Default { ] Clerk's Judgment
(Application) [ ] Court Judgment
Case number:
CCG19-574048
Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.) (see ClV-105)
4,70 THE CLERK: on the complaint or cross-complaint filed
a, on (date): April 22,2019
b. by (name): LaTonya Evette Carpenter
c. [X] Enter default of defendant (names): Prince M. Edmonds, Jr.
d. [ ] lrequest a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc. against defendant (names):
(Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under
Code Giv. Proc. § 585(d).)
e. [ ] Enter clerk's judgment
(1) [ ] for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section
1174(c) does not apply. (Code Civ. Proc., § 1169.)
[ ] Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The
Prejudgment Claim of Right to Possession was served In compliance with Code of Civil Procedure section 415.46,
(2) ] Under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the
reverse (item 5).)
(3){ ] For default previously entered on (date):
, Judgment to be entered. Amount
a, Demand of complaint... eS
b, Statement of damages *
d, Costs (see reverse)...
e@ Attorney fees
f. TOTALS...
aon ne # He
Credits Acknowledged Balance
o
o
eee ow
ene ee
g. Dally damages were demanded in complaint at the rate of per day beginning (date):
(* Personal injury or wrongful death actions: Code Civ. Proc., § 425.11)
. [ ] (check if filed In an unlawful detainer case) Legal Document Assistant or Unlawful Det
Date: May 30, 2019
Jonathan Madison
IF PLAINTIFF OR ATTORNEY FOR PLAINTIFF)
FOR COURT (1) [ ] Default entered as requested on (date):
USE ONLY (2) [ ] Default NOT entered as requested (state reason).
Clerk, by: 05/30/2019 Deputy page 1 of 2
Foun Adopted for Mandatory Use REQUEST FOR ENTRY OF DEFAULT —_NADITA MASORRE ol Cri Frecodure,
CIV-100 {Rav. January 1, 2016) (Application to Enter Default)
Plaintiff/Petitioner: Prince M. Edmonds, Jr. CASE NUMBER:
Defendant/Respondent: LaTonya Evette Carpenter CCG19-5740484, Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.) A legal document assistant or
unlawful detainer assistant [ ] did [] did not for compensation give advice or assistance with this form. If declarant has
received any help or advice for pay from a legal document assistant or unlawiul detainer assistant, state:
a. Assistant's name: c. Telephone no,
b, Street address, city, and zip code: d. County of registration:
e, Registration no.:
f. Expires on (date):
5, [X[ Declaration under Code Civ. Proc. § 585.5 (for entry of default under Code Civ. Proc., §585(a)) This action
} is [X] isnot ona contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act).
] is [X] isnot on a conditional sales contract subject to Civ. Code § 2981 et seq. (Rees-Levering Motor Vehicle Sales
and Finance Act.)
c. [] is [X] isnot onan obligation for goods, services, loans, or extensions of credit subject to Code Clv. Proc., § 395(b).
a [
b I
6, Declaration of Mailing (Code Civ. Proc., § 687) A copy of this Request for Entry of Default was
a. [ ] not mailed to the following defendants whose.addresses are unknown to plaintiff of plaintiffs attorney (names):
b. [X]_ mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none,
to each defendant's last known address as follows:
(1) mailed on (date): May 30, 2019 (2) To (specify names and addresses shown on the envelopes):
Robert R. Cross
Skootsky & Der LLP
90 New Montgomery Street, Suite 600
San Francisco, CA 94105
| declare under penalty of perjury under the laws of the State of California that the foregoing Items 4, 5, and 6 are true and correct.
Date: May 30, 2019 > =
Jonathan Madison ~
2
DECLARANT)
7, MEMORANDUM OF COSTS (required for a money judgment requested). Costs and disbursements are as follows (Code Civ, Proc.,
§ 1033.5):
a. Clerk's filing fees......
b. Process server's fees. $
c. $
d,.. $
e. $
f. [X] Costs and disbursements are waiver
g. | am the attorney, agent or party who claims these costs. To the best of my knowledge and belief, this memorandum of costs Is
correct and these costs were necessarily incurred In this case.
| declare under penalty of perjury under the laws of the State of Callfornia that the foregoing is true and correct.
Date: May 30, 2019
‘Jonathan Madison
8. [X] Declaration of nonmilitary status (required for a judgment) No defendant named in item 1c of the application is in the military
service as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C. App. §3911(2), or the California Military and
Veterans Code section 400(b).
| declare under penalty of perjury under the laws of the State of California that the foregaing Is true and correct.
Date: May 30, 2019 oO
Jonathan Madison
‘OF DECLARANT)
Civ-400 Rev, Jandary , 2048] REQUEST FOR ENTRY OF DEFAULT Page 2 of 2
(Application to Enter Default)
Preview
SKOOTSKY & DER LLP 90 New Montgomery Street, Suite 600 San Francisco, CA 94105 ROBERT R. CROSS (State Bar No. 056814) rcross@skootskyder.com RYAN J. MECKFESSEL (State Bar No. 215952) rmeckfessel@skootskyder.com ELECTRONICALLY SKOOTSKY & DER LLP FILED 90 New Montgomery Street, Suite 600 Superior Court of California, San Francisco, CA 94105 County of San Francisco Telephone: (415) 979-9800 03/04/2020 Facsimile: (415) 979-9821 Clerk of the Court BY: BOWMAN LIU Attorneys for Plaintiff Peputy Clerk Prince M. Edmonds, Jr. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION PRINCE M. EDMONDS, JR., CASE NO. CGC-19-574048 Plaintiff, DECLARATION OF ROBERT R. CROSS IN SUPPORT OF EX PARTE vs. APPLICATION TO VACATE DISMISSAL OR TO SHORTEN TIME TO HEAR LATONYA EVETTE CARPENTER, and MOTION TO VACATE DISMISSAL DOES 1 through 20, [CCP 473(b)] Defendants. Date: March 4, 2020 Time: 11:00 a.m. Dept: 206 Trial Date: None Pending I, Robert R. Cross, declare: 1. lam a member of the California Bar and a partner in the law firm of Skootsky & Der LLP, attorneys of record for Plaintiff Prince M. Edmonds, Jr. (“Prince”). | submit this Declaration in support of Prince’s ex parte application (“Application”) to vacate the Court's dismissal of the action on March 2, 2020 or, in the alternative, to shorten time for hearing on Prince's Motion to Vacate Dismissal. 2. As the Court will recall, this action was initially set for trial on February 10, 2020. (Bench trial in a parallel Probate case between the same parties has been set for 1 Case No. CGC-19-574048SKOOTSKY & DER LLP 90 New Montgomery Street, Suite 600 San Francisco, CA 94105 March 30, 2020). During late January, 2020, the parties engaged in continuing settlement conferences presided over by court-appointed settlement attorney Neil Bardack, and reached tentative agreement on a number of terms. In order to pursue those negotiations, the parties requested and the Court granted one-week continuances of trial, first to February 18, 2020 and later to February 24, 2020. 3. The parties appeared for trial call on February 24 and requested the opportunity to continue their settlement discussions, which had resulted in a comprehensive draft settlement agreement. This Court agreed, and sent the parties to Department 622 for further settlement discussions. 4. Prince has serious mobility issues resulting from various health problems and treatments. On the morning of February 24, one of his sons assisted in bringing him to Court in an electric scooter. Soon after arriving in the vicinity of Department 622, Prince began suffering great discomfort and pain, to the point that his sister had to place an emergency call to the Fire Department, which sent paramedics to transport him to the hospital at UCSF for immediate treatment. As a result, no settlement progress was possible and the Court approved counsels’ joint request to continue trial another week, to March 2, 2020. 5. Prince remained at UCSF until Friday, February 28, when he was moved to a rehabilitation facility for further care and physical therapy. He remains in that facility and according to the facility social worker with whom | discussed the matter, he is unlikely to be discharged until at least March 19, 2020. 6. On February 26, 2020, | emailed Defendant's counsel, Jonathan Madison, to inform him that Prince was still at UCSF. A copy of my email is attached as Exhibit A. Mr. Madison and | had a further discussion on Friday, February 28; | told him that on Monday, March 2" | intended to request continuance of trial to March 30, 2020 (the date set for trial of the parallel Probate proceeding) or for at least three weeks (to March 23") since | had a previously-scheduled trial the week of March 16" in San Mateo. 2 Case No. CGC-19-57048SKOOTSKY & DER LLP 90 New Montgomery Street, Suite 600 San Francisco, CA 94105 7. On Sunday, March 1*, at 5:14 pm, after talking to a nurse who was caring for Prince, | emailed Mr. Madison to inform him that Prince had been transferred to a rehabilitation facility and | repeated that | would be requesting a three-week trial continuance on March 2": My email (copy attached as Exhibit B), reads as follows: Jonathan: Prince was transferred to a nursing facility yesterday and is likely to remain there for at least another week or more. | am trying to find out when he would be able to see me so | can get more complete information. | will be asking to continue trial at least three weeks, due to his health issues and my trial in San Mateo starting March 16. 8. On Monday, March 2"4, | was late to arrive in Department 206 due to delays in traffic and on BART. When | arrived, | was informed by the Clerk that the Court had dismissed the action. According to the docket entry, dismissal was ordered on motion by Mr. Madison: 2020- | REMOVED FROM MASTER COURT CALENDAR SET FOR MAR-02-2020 - “*CASE |S 03-02 DISMISSED.*** JONATHAN MADISON, ESQ. APPEARING FOR DEFENDANT. NO OTHER APPEARANCES ON THIS MATTER. DEFENDANT MOVED TO DISMISS THE CASE. THE COURT ORDERS CASE DISMISSED. JUDGE: SAMUEL K. FENG; CLERK: R. VELUZ; MATTER NOT REPORTED. (206) 9. That same afternoon, | emailed Mr. Madison and inquired whether he had informed the Court about Prince’s health condition and my intention to appear and request acontinuance. | also pointed out my absolute right to have the dismissal vacated under Code of Civil Procedure section 473(b). | told Mr. Madison that unless he stipulated to vacate the dismissal, | would appear at 11:00 a.m. Wednesday, March 4, 2020 to seek ex parte relief vacating the dismissal or shortening time for hearing a motion to vacate. A copy of my email is attached as Exhibit C. Mr. Madison’s response the following day did not indicate whether he had disclosed my intentions or my client’s situation to the Court. See Exhibit D. After a further email from me inquiring whether he had misled the Court 3 Case No. CGC-19-57048 CROSS DECL-SKOOTSKY & DER LLP 90 New Montgomery Street, Suite 600 San Francisco, CA 94105 about my intention to appear, he replied that he had not seen my March 1% email. Copies of our emails are attached as Exhibit E. 10. In addition to our email correspondence, at 9:38 a.m. on March 2", since | was running late, | texted Mr. Madison’s mobile phone (we had exchanged text messages a number of times previously) to tell him “Will be there shortly.” 11. | have been present in court on various occasions when an attorney does not appear for a scheduled hearing or trial setting. Unless it is clear that the attorney is not planning to attend, it is customary for either the Court to request — or the appearing attorney to volunteer — to phone the missing attorney or his/her office to determine the attorney's whereabouts and intentions. That courtesy was not offered here. 12. Unfortunately, this isn’t the first absence of professional civility. Mr. Madison filed a cross-complaint with an answer due May 28, 2019. On May 30, 2019, without any notice, he requested entry of default. See Exhibit F. We had drafted the answer and were waiting to obtain a Verification from our client, whose health problems delayed its return. After learning of the situation, | pointed out that it is unprofessional to immediately seek entry of default without notifying the party’s attorney and providing a chance to file a responsive pleading. See Lasalle v. Vogel (2019) 36 Cal.App.5th 127, 134: The State Bar Civility Guidelines deplore the conduct of an attorney who races opposing counsel to the courthouse to enter a default before a responsive pleading can be filed. (Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 702, 84 Cal.Rptr.3d 351 (Fasuyi), quoting section 15 of the California Attorney Guidelines of Civility and Professionalism (2007).) Accordingly, it is now well-acknowledged that an attorney has an ethical obligation to warn opposing counsel that the attorney is about to take an adversary's default. (/d. at pp. 701-702, 84 Cal.Rptr.3d 351.) 13. Mr. Madison stipulated to vacate the default, which the Court ordered. It is unfortunate that the outcome of the prior “surprise default” episode didn’t have any impact on Mr. Madison's practices. 4 Case No. CGC-19-57048 CROSS DECL.SKOOTSKY & DER LLP 90 New Montgomery Street, Suite 600 San Francisco, CA 94105 Co wm ND 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 | declare under penalty of perjury under the laws of California that the foregoing is true and correct of my own knowledge. Executed at San Francisco, California on March Md Cire Robert R. Cross 4, 2020. 5 Case No. CGC-19-57048 CROSS DECL-Exhibit AFrom: Robert R. Cross Sent: Wednesday, February 26, 2020 9:26 AM To: Jonathan Madison Cc: Ryan J. Meckfessel ; Kristin J. Kisker Subject: Fwd: Prince Edmonds . Harrison was troubled by lack of funds in the trust. I’m hoping he will consider the position. Prince is still at UCSF. Robert Cross Skootsky & Der LLP Cell: (415) 602-3865 Email: rcross@skootskyder.com May contain privileged & confidential information.Exhibit BFrom: Robert R. Cross Sent: Sunday, March 1, 2020 5:14 PM To: Jonathan Madison Cc: Ryan J. Meckfessel ; Kristin J. Kisker Subject: RE: Prince Edmonds Jonathan: Prince was transferred to a nursing facility yesterday and is likely to remain there for at least another week or more. I am trying to find out when he would be able to see me so I can get more complete information. I will be asking to continue trial at least three weeks, due to his health issues and my trial in San Mateo starting March 16. Bob Robert R. Cross SKOOTSKY & DER, LLP 90 New Montgomery Street, Suite 600 San Francisco, CA 94105 Cell: (415) 602-3865 Work: (415) 979-9800 (ext. 3) Fax: (415) 979-9821 Email: reross@skootskyder.com http:/Avww.skootskyder.com CONFIDENTIALITY: This email may contain confidential and/or privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply email or phone [(415)-979-9800] and delete all copies of this message.Exhibit CFrom: Robert R. Cross Sent: Monday, March 2, 2020 2:23 PM To: Jonathan Madison Cc: Ryan J, Meckfessel ; Kristin J. Kisker Subject: Edmonds - Motion to Vacate Dismissal Jonathan: When I arrived at Dept 206 this morning, I learned that the Court had already called and dismissed the case. I did not anticipate our case being called before I arrived after being delayed in transit, and assumed that you would extend the professional courtesy of informing the Court of our discussions over the weekend in which I made it clear that I intended to appear and request a three-week continuance since Prince is in a rehabilitation facility for an unknown period and unable to participate in trial - or to engage in discussions about our proposed settlement. Please advise how the Court decided to dismiss the action after Prince’s medical emergency only one week ago which required him to be taken to USCS by paramedics of the San Francisco Fire Department. As you know, a dismissal must be vacated under CCP 473(b) on an application supported by an attorney’s declaration “attesting to his or her mistake, inadvertence, surprise or neglect“ resulting in the dismissal. Please immediately confirm whether you will agree to withdrawal of the dismissal under the circumstances and our office will send you a stipulation to execute. If you do not agree, be advised that I will appear in Dept 206 at 11:00 a.m. Wednesday, March 4, 2020 to apply ex parte either to vacate the dismissal or to shorten time to hear a motion to vacate. My latest information is that Prince will likely be at the rehabilitation facility until March 19, 2020. As I’ve told you before, I have a trial in San Mateo County starting March 16, 2020 which is likely to take all that week, and might carry over into the following week. If the Court grants an order shortening time instead of dismissal, I will ask for a hearing date on March 24 or 25. Bob Robert R. Cross SKOOTSKY & DER, LLP 90 New Montgomery Street, Suite 600 San Francisco, CA 94105 Cell: (415) 602-3865 Work: (415) 979-9800 (ext. 3) Fax: (415) 979-9821 Email: rcross@skootskyder.com http://vww.skootskyder.com CONFIDENTIALITY: This email may contain confidential and/or privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply email or phone [(415)-979-9800] and delete all copies of this message.Exhibit DFrom: Jonathan Madison Sent: Tuesday, March 3, 2020 11:08 AM To: Robert R. Cross Ce: Ryan J. Meckfessel ; Kristin J. Kisker Subject: RE: Edmonds - Motion to Vacate Dismissal Bob: lam saddened to hear that your client is still not well and do hope he makes a strong recovery. | am unaware of any discussions you and | had over the weekend. In fact, we had no discussions at all over the weekend. Motions under Code of Civil Procedure Section 473 are not ex parte matters. We have the right to review your moving papers and the time to prepare an appropriate opposition. Please send me your ex parte application papers as soon as possible. Thank you. Jonathan Madison Fried ?, ¢ ttorneys at Ly 1901 Harrison Street, 14” Floor 625 Market Street, 4" Floor Oakland, CA 94612 San Francisco, CA 94105 Tel 510-625-0100 Tel 415-421-0100 Fax 510-550-3621 Fax 415-762-5435 www. friedwilliams.com This e-mail message is intended only for named recipients. It contains information that may be confidential, privileged, attorney work product, or otherwise exempt from disclosure under applicable law. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this message in error, then be advised that any review, disclosure, use, dissemination, distribution, or reproduction of this message or its contents is strictly prohibited. Please notify Fried & Williams LLP immediately if you have received this message in error, and delete the message. Non-clients please note: any email sent after business hours will not be viewed or responded to until the next business day. This transmission by itself does not constitute the formation of an attorney/client relationship. Thank you.Exhibit EFrom: Robert R. Cross Sent: Tuesday, March 3, 2020 2:14 PM To: Jonathan Madison Cc: Ryan J. Meckfessel ; Kristin J. Kisker Subject: RE: Edmonds - Motion to Vacate Dismissal Jonathan: I emailed you on Wednesday morning that Prince was still at UCSF. On Sunday evening I emailed you: Prince was transferred to a nursing facility yesterday and is likely to remain there for at least another week or more. I am trying to find out when he would be able to see me so I can get more complete information. I will be asking to continue trial at least three weeks, due to his health issues and my trial in San Mateo starting March 16. Obviously, you knew that I intended to appear and request a continuance due to Prince’s inability to appear for trial and our continuing attempt to reach a settlement. The docket entry indicates that when I was late to court you moved to dismiss the case: 2020- REMOVED FROM MASTER COURT CALENDAR SET FOR MAR-02-2020 - ***CASE IS 03-02 DISMISSED.*** JONATHAN MADISON, ESQ. APPEARING FOR DEFENDANT. NO OTHER APPEARANCES ON THIS MATTER. DEFENDANT MOVED TO DISMISS THE CASE. THE COURT ORDERS CASE DISMISSED. JUDGE: SAMUEL K. FENG; CLERK: R. VELUZ; MATTER NOT REPORTED. (206) Your failure to disclose what you said about my intentions and email to you on Sunday suggests that you were not candid with the Court. I will see you at 11 am tomorrow. Bob Robert R. Cross SKOOTSKY & DER, LLP 90 New Montgomery Street, Suite 600 San Francisco, CA 94105 Cell: (415) 602-3865 Work: (415) 979-9800 (ext. 3) Fax: (415) 979-9821 Email: rcross@skootskyder.com http://www.skootskyder.com CONFIDENTIALITY:This email may contain confidential and/or privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply email or phone [(415)-979-9800] and delete all copies of this message. From: Jonathan Madison Sent: Tuesday, March 3, 2020 2:48 PM To: Robert R. Cross Cc: Ryan J. Meckfessel ; Kristin J. Kisker Subject: RE: Edmonds - Motion to Vacate Dismissal Bob: As indicated previously, you and I had no discussions over the weekend as you falsely asserted. | had no way of knowing for certain the health and condition of your client. You also sent me an email last week stating that your client was “feeling much better.” The fact that you sent an email to me ona Sunday night does not suggest anything. | can’t speak for you, but | generally don’t check my work emails on Sunday night. As such, | did not see your email until Monday morning after Court. The fact of the matter is that you could have called the Court clerk to let them know you were running late. You also should know that the Court, my client and | waited patiently for your arrival. In fact, the Judge called all of the cases on the docket after our case — all in order to give you additional time. The Court did not rush; we all waited patiently. See you tomorrow morning. Please send your moving papers as soon as possible. Best, Jonathan Madison Fried kWilliams Attorneys at Law 1901 Harrison Street, 14" Floor 625 Market Street, 4” Floor Oakland, CA 94612 San Francisco, CA 94105 Tel 510-625-0100 Tel 415-421-0100 Fax 510-550-3621 Fax 415-762-5435 www.friedwilliams.com This e-mail message is intended only for named recipients. It contains information that may be confidential, privileged, attorney work product, or otherwise exempt from disclosure under applicable law. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this message in error, then be advised that any review, disclosure, use, dissemination, distribution, or reproduction of this message or its contents is strictly prohibited. Please notify Fried & Williams LLP immediately if you have received this message in error, and delete the message. Non-clients please note: any email sent after business hours will not be viewed or responded to until the next business day. This transmission by itself does not constitute the formation of an attorney/client relationship. Thank you.Exhibit FCiv-100 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.: Clifford E, Fried, Esq., SBN 118288 / Jonathan Madison, SBN 311553 Fried & Williams LLP, 1901 Harrison Street, 14th Floor, Oakland, CA 94612 TELEPHONE NO.: 510-625-0100 Fax No.: 510-550-3621 E-MAIL ADDRESS: jmadison@friedwilliams.com ATTORNEY FOR: Defendant and Cross-Complainant LaTonya Evette Carpenter DEFAULT ENTERED AS REQUESTERPURT USE ONLY ELECTRONICALLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO. San Francisco Superior Gourt, Unlimited Civil Jurisdiction 400 McAllister Street, San Francisco, CA 94102 FILED Superior Court of California, County of San Francisco 05/30/2019 Plaintiff/Petitioner: Prince M, Edmonds, Jr. Defendant/Respondent; LaTonya Evette Carpenter Clerk of the Court BY: NADITA MASON Deputy Clerk REQUEST FOR [X] Entry of Default { ] Clerk's Judgment (Application) [ ] Court Judgment Case number: CCG19-574048 Not for use in actions under the Fair Debt Buying Practices Act (Civ. Code, § 1788.50 et seq.) (see ClV-105) 4,70 THE CLERK: on the complaint or cross-complaint filed a, on (date): April 22,2019 b. by (name): LaTonya Evette Carpenter c. [X] Enter default of defendant (names): Prince M. Edmonds, Jr. d. [ ] lrequest a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc. against defendant (names): (Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under Code Giv. Proc. § 585(d).) e. [ ] Enter clerk's judgment (1) [ ] for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section 1174(c) does not apply. (Code Civ. Proc., § 1169.) [ ] Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment Claim of Right to Possession was served In compliance with Code of Civil Procedure section 415.46, (2) ] Under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the reverse (item 5).) (3){ ] For default previously entered on (date): , Judgment to be entered. Amount a, Demand of complaint... eS b, Statement of damages * d, Costs (see reverse)... e@ Attorney fees f. TOTALS... aon ne # He Credits Acknowledged Balance o o eee ow ene ee g. Dally damages were demanded in complaint at the rate of per day beginning (date): (* Personal injury or wrongful death actions: Code Civ. Proc., § 425.11) . [ ] (check if filed In an unlawful detainer case) Legal Document Assistant or Unlawful Det Date: May 30, 2019 Jonathan Madison IF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) FOR COURT (1) [ ] Default entered as requested on (date): USE ONLY (2) [ ] Default NOT entered as requested (state reason). Clerk, by: 05/30/2019 Deputy page 1 of 2 Foun Adopted for Mandatory Use REQUEST FOR ENTRY OF DEFAULT —_NADITA MASORRE ol Cri Frecodure, CIV-100 {Rav. January 1, 2016) (Application to Enter Default) Plaintiff/Petitioner: Prince M. Edmonds, Jr. CASE NUMBER: Defendant/Respondent: LaTonya Evette Carpenter CCG19-5740484, Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.) A legal document assistant or unlawful detainer assistant [ ] did [] did not for compensation give advice or assistance with this form. If declarant has received any help or advice for pay from a legal document assistant or unlawiul detainer assistant, state: a. Assistant's name: c. Telephone no, b, Street address, city, and zip code: d. County of registration: e, Registration no.: f. Expires on (date): 5, [X[ Declaration under Code Civ. Proc. § 585.5 (for entry of default under Code Civ. Proc., §585(a)) This action } is [X] isnot ona contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). ] is [X] isnot on a conditional sales contract subject to Civ. Code § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act.) c. [] is [X] isnot onan obligation for goods, services, loans, or extensions of credit subject to Code Clv. Proc., § 395(b). a [ b I 6, Declaration of Mailing (Code Civ. Proc., § 687) A copy of this Request for Entry of Default was a. [ ] not mailed to the following defendants whose.addresses are unknown to plaintiff of plaintiffs attorney (names): b. [X]_ mailed first-class, postage prepaid, in a sealed envelope addressed to each defendant's attorney of record or, if none, to each defendant's last known address as follows: (1) mailed on (date): May 30, 2019 (2) To (specify names and addresses shown on the envelopes): Robert R. Cross Skootsky & Der LLP 90 New Montgomery Street, Suite 600 San Francisco, CA 94105 | declare under penalty of perjury under the laws of the State of California that the foregoing Items 4, 5, and 6 are true and correct. Date: May 30, 2019 > = Jonathan Madison ~ 2 DECLARANT) 7, MEMORANDUM OF COSTS (required for a money judgment requested). Costs and disbursements are as follows (Code Civ, Proc., § 1033.5): a. Clerk's filing fees...... b. Process server's fees. $ c. $ d,.. $ e. $ f. [X] Costs and disbursements are waiver g. | am the attorney, agent or party who claims these costs. To the best of my knowledge and belief, this memorandum of costs Is correct and these costs were necessarily incurred In this case. | declare under penalty of perjury under the laws of the State of Callfornia that the foregoing is true and correct. Date: May 30, 2019 ‘Jonathan Madison 8. [X] Declaration of nonmilitary status (required for a judgment) No defendant named in item 1c of the application is in the military service as that term is defined by either the Servicemembers Civil Relief Act, 50 U.S.C. App. §3911(2), or the California Military and Veterans Code section 400(b). | declare under penalty of perjury under the laws of the State of California that the foregaing Is true and correct. Date: May 30, 2019 oO Jonathan Madison ‘OF DECLARANT) Civ-400 Rev, Jandary , 2048] REQUEST FOR ENTRY OF DEFAULT Page 2 of 2 (Application to Enter Default)