On April 10, 2014 a
Motion,Ex Parte
was filed
involving a dispute between
Garcia, Phillip,
and
Carrie Wilson, In Her Capacitcy As Trustee Of The,
Does 1 To 20,
Markham, Erika,
Markham, Shaun,
Markham, Shawn,
Wilson, Angelo,
Wilson, Carrie,
for civil
in the District Court of San Francisco County.
Preview
oon OO TH F&F WH
NN NY NY WY NY NY NY KN @ BB BB B 2B B a ew a
aon Oo aA F&F BW NY |= Oo Oo ON OH FF WO NY * CO
Matthew K. Wisinski (SBN 195535)
Katelyn M. Knight (SBN 264573)
MURCHISON & CUMMING, LLP ELECTRONICALLY
275 Battery Street, Suite 850
San Francisco, California 94111 a ce eee
Telephone: (415) 524-4300 County of San Francisco,
Facsimile: (415) 391-2058
E-Mail: — mwisinski@murchisonlaw.com 05/31/2017
kknight@murchisonlaw.com BY: VANESSA WU
Deputy Clerk
Attorneys for Defendants
ANGELO WILSON, CARRIE WILSON individually and in her
capacity as Trustee of the WILSON FAMILY
TRUST
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
PHILLIP GARCIA, CASE NO. CGC-14-538560
Plaintiff, DECLARATION OF MATTHEW K.
WISINSKI IN SUPPORT OF EX PARTE
vs. APPLICATION
CARRIE WILSON, in her capacity as Date: June 1, 2017
trustee of THE WILSON FAMILY TRUST, Time: 11:00 a.m.
SHAUN MARKHAM, ERIKA MARKHAM, Dept.: 501
and ANGELO WILSON, and DOES 1-20,
Action Filed: April 10, 2014
Defendants. Trial Date: June 26, 2017
|, Matthew K. Wisinski, declare and state:
| am an attorney-at-law licensed to practice in the State of California and | am a
partner with Murchison & Cumming LLP, counsel of record herein for Carrie Wilson in her
personal capacity and as Trustee of the Wilson Family Trust, and Angelo Wilson. | am one
of the attorneys at our firm responsible for handling the defense of this matter on behalf of
Carrie Wilson in her personal capacity and as Trustee of the Wilson Family Trust, and
Angelo Wilson, and, on this basis, and upon such other bases set forth below, | have
personal knowledge of the matters set forth in this Declaration, except where stated on
eee 1
DECLARATION OF MATTHEW WISINSKI IN SUPPORT OF EX PARTE APPLICATIONoo ON OOHURPDUlUOUDN OS
=
information and belief, and could and would competently testify to them under oath if called
as a witness.
1. On March 17, 2017, the Court issued an order imposing issue sanctions
against the Wilson Family Trust. A petition for writ of mandate was filed and trial was reset
to April 10, 2017 as a consequence of the writ. | and my colleagues began evaluating the
impact of the order on the case and its ongoing representation of multiple
defendants concurrently with preparation of the writ. After further evaluation, we determined!
that the sanctions order creates a conflict of interest between the Defendants, all of which
have heretofore been represented by Murchison & Cumming, LLP. In light of the conflict,
new counsel was substituted for Defendant Shawn Markham and a further trial continuance
was granted to June 26, 2017 by Presiding Judge Teri Jackson. However, Judge Jackson
stated unequivocally that no further trial continuances would be granted to accommodate
new counsel or for any other reason.
2. | have reached out to Ms. Wilson's caretaking relatives regarding any plans for
a conservatorship or guardian ad litem appointment, however they have indicated that they
will not seek appointment of a conservator and they will not serve as a guardian ad litem. |
also spoke with my client Angelo Wilson regarding a possible conflict waiver. Mr. Wilson
indicated that he would not waive the conflict.
| declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed this 31st day of May, 2017, at San Francisco, California.
& 5 f eee
MatthewKWisinski
2 7
DECLARATION OF MATTHEW WISINSKI IN SUPPORT OF EX PARTE APPLICATIONPROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
At the time of service, | was over 18 years of age and not a party to this action. | am
employed in the County of San Francisco, State of California. My business address is 275
Battery Street, Suite 850, San Francisco, California 94111.
On May 31, 2017, | served true copies of the following document(s) described as
DECLARATION OF MATTHEW K. WISINSKI IN SUPPORT OF EX PARTE
APPLICATION on the interested parties in this action as follows:
BY ELECTRONIC SERVICE VIA FILE & SERVEXPRESS: | electronically served the
document(s) described above via File & ServeXpress, on the recipients designated on the
Transaction Receipt located on the File & ServeXpress website
(https:secure.fileandservexpress.com) pursuant to the Court Order establishing the case
website and authorizing service of documents.
| declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on May 31, 2017, at San Francisco, California.
5
Lay.
leuy S. Saechao
-
wn
DECLARATION OF MATTHEW WISINSKI IN SUPPORT OF EX PARTE APPLICATION
Preview
oon OO TH F&F WH NN NY NY WY NY NY NY KN @ BB BB B 2B B a ew a aon Oo aA F&F BW NY |= Oo Oo ON OH FF WO NY * CO Matthew K. Wisinski (SBN 195535) Katelyn M. Knight (SBN 264573) MURCHISON & CUMMING, LLP ELECTRONICALLY 275 Battery Street, Suite 850 San Francisco, California 94111 a ce eee Telephone: (415) 524-4300 County of San Francisco, Facsimile: (415) 391-2058 E-Mail: — mwisinski@murchisonlaw.com 05/31/2017 kknight@murchisonlaw.com BY: VANESSA WU Deputy Clerk Attorneys for Defendants ANGELO WILSON, CARRIE WILSON individually and in her capacity as Trustee of the WILSON FAMILY TRUST SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO PHILLIP GARCIA, CASE NO. CGC-14-538560 Plaintiff, DECLARATION OF MATTHEW K. WISINSKI IN SUPPORT OF EX PARTE vs. APPLICATION CARRIE WILSON, in her capacity as Date: June 1, 2017 trustee of THE WILSON FAMILY TRUST, Time: 11:00 a.m. SHAUN MARKHAM, ERIKA MARKHAM, Dept.: 501 and ANGELO WILSON, and DOES 1-20, Action Filed: April 10, 2014 Defendants. Trial Date: June 26, 2017 |, Matthew K. Wisinski, declare and state: | am an attorney-at-law licensed to practice in the State of California and | am a partner with Murchison & Cumming LLP, counsel of record herein for Carrie Wilson in her personal capacity and as Trustee of the Wilson Family Trust, and Angelo Wilson. | am one of the attorneys at our firm responsible for handling the defense of this matter on behalf of Carrie Wilson in her personal capacity and as Trustee of the Wilson Family Trust, and Angelo Wilson, and, on this basis, and upon such other bases set forth below, | have personal knowledge of the matters set forth in this Declaration, except where stated on eee 1 DECLARATION OF MATTHEW WISINSKI IN SUPPORT OF EX PARTE APPLICATIONoo ON OOHURPDUlUOUDN OS = information and belief, and could and would competently testify to them under oath if called as a witness. 1. On March 17, 2017, the Court issued an order imposing issue sanctions against the Wilson Family Trust. A petition for writ of mandate was filed and trial was reset to April 10, 2017 as a consequence of the writ. | and my colleagues began evaluating the impact of the order on the case and its ongoing representation of multiple defendants concurrently with preparation of the writ. After further evaluation, we determined! that the sanctions order creates a conflict of interest between the Defendants, all of which have heretofore been represented by Murchison & Cumming, LLP. In light of the conflict, new counsel was substituted for Defendant Shawn Markham and a further trial continuance was granted to June 26, 2017 by Presiding Judge Teri Jackson. However, Judge Jackson stated unequivocally that no further trial continuances would be granted to accommodate new counsel or for any other reason. 2. | have reached out to Ms. Wilson's caretaking relatives regarding any plans for a conservatorship or guardian ad litem appointment, however they have indicated that they will not seek appointment of a conservator and they will not serve as a guardian ad litem. | also spoke with my client Angelo Wilson regarding a possible conflict waiver. Mr. Wilson indicated that he would not waive the conflict. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 31st day of May, 2017, at San Francisco, California. & 5 f eee MatthewKWisinski 2 7 DECLARATION OF MATTHEW WISINSKI IN SUPPORT OF EX PARTE APPLICATIONPROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO At the time of service, | was over 18 years of age and not a party to this action. | am employed in the County of San Francisco, State of California. My business address is 275 Battery Street, Suite 850, San Francisco, California 94111. On May 31, 2017, | served true copies of the following document(s) described as DECLARATION OF MATTHEW K. WISINSKI IN SUPPORT OF EX PARTE APPLICATION on the interested parties in this action as follows: BY ELECTRONIC SERVICE VIA FILE & SERVEXPRESS: | electronically served the document(s) described above via File & ServeXpress, on the recipients designated on the Transaction Receipt located on the File & ServeXpress website (https:secure.fileandservexpress.com) pursuant to the Court Order establishing the case website and authorizing service of documents. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 31, 2017, at San Francisco, California. 5 Lay. leuy S. Saechao - wn DECLARATION OF MATTHEW WISINSKI IN SUPPORT OF EX PARTE APPLICATION