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1 Edward S. Zusman (SBN 154366)
Rick Smith (SBN 298556)
2 MARKUN ZUSMAN & COMPTON LLP
465 California Street, Suite 401
3 San Francisco, California 94104
Telephone: (415) 438-4515
4 Facsimile: (415) 434-4505
5 Attorneys for Plaintiff
6
SUPERIOR COURT OF CALIFORNIA
7
8 IN AND FOR THE COUNTY OF MONTEREY
9
INDEPENDENT FINANCIAL GROUP, Case No.: 21CV001264
10 LLC, on its own behalf and as assignee of
Adolfo Artalejo; Rod Belton and Nancy PLAINTIFF’S NOTICE OF MOTION AND
11 Belton; James Cornelius and June Cornelius; MOTION TO CONSOLIDATE
John Favero and Philayna Favero; Ray
12 Moncada and Vinnie Moncada; Sheryl Peck;
Juanita Stoddard; Ron Taylor and Hazel Date: March 24, 2023
13 Taylor; Jane Beery; Joy Chandler; John Day; Time: 8:30am
Sim Granoff and Virginia Lott; Gretchen Dept.: 14
14 Jackson; William Miller and Sharon Miller;
Darryl Prudden; Carolyn Rice; John Romero Complaint Filed: April 15, 2021
15 and Sandy Romero; Bennie Hill and Lynda
Hill; Ellen Koskinen; George Lynch and Trial Date: None Set
16 Helen Lynch; Mathew Panziera and Jamie
Panziera; and Tom Sgheiza and Mary
17 Sgheiza,
18 Plaintiff,
19 v.
20 FP TRANSITIONS, LLC and DOES 1-50,
INCLUSIVE,
21
Defendants.
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FP TRANSITIONS, LLC,
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Cross-Complainant,
24 v.
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INDEPENDENT FINANCIAL GROUP,
26 LLC, David Marshall, Marshall Wealth
Management Group and ROES 1-25,
27 inclusive,
28 Cross-Defendants.
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PLAINTIFF’S MOTION TO CONSOLIDATE
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INDEPENDENT FINANCIAL GROUP, Case No.: 22CV001149
3 LLC, on its own behalf and as assignee of
Gene Kondo, Complaint Filed: April 26, 2022
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Plaintiff, Trial Date: None Set
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v.
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FP TRANSITIONS, LLC and DOES 1-50,
7 INCLUSIVE,
8 Defendants.
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PLAINTIFF’S MOTION TO CONSOLIDATE
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on March 16, 2023 or as soon thereafter as the matter may
3 be heard in the above-entitled court located at 1200 Aguajito Road, Monterey, CA 93940,
4 Plaintiff INDEPENDENT FINANCIAL GROUP, LLC intends to move and hereby does move
5 for an order consolidating Independent Financial Group, LLC v. FP Transitions, LLC et al., Case
6 No. 21CV001264 and Independent Financial Group, LLC v. FP Transitions, LLC et al., Case No.
7 22CV001149, for all purposes pursuant to California Code of Civil Procedure section 1048(a).
8 This motion is based on the grounds that the two actions involve common questions of
9 law and fact and that consolidation can be done without prejudice to a substantial right of any
10 party. See
11 This motion is based upon this notice, the memorandum of points and authorities filed
12 herewith, the Declaration of Rick Smith filed herewith, this court’s files and records, and upon
13 such oral and documentary evidence as may be presented at the time of the hearing.
14
15 Respectfully submitted,
16 MARKUN ZUSMAN & COMPTON LLP
17
18
Dated: February 1, 2023 By: _______________________________
19
20 Edward S. Zusman (SBN 154366)
Rick Smith (SBN 298556)
21 MARKUN ZUSMAN & COMPTON LLP
465 California Street, Suite 401
22 San Francisco, California 94104
23 Attorneys for Plaintiff
24
25
26
27
28
PLAINTIFF’S MOTION TO CONSOLIDATE
Preview
1 Edward S. Zusman (SBN 154366) Rick Smith (SBN 298556) 2 MARKUN ZUSMAN & COMPTON LLP 465 California Street, Suite 401 3 San Francisco, California 94104 Telephone: (415) 438-4515 4 Facsimile: (415) 434-4505 5 Attorneys for Plaintiff 6 SUPERIOR COURT OF CALIFORNIA 7 8 IN AND FOR THE COUNTY OF MONTEREY 9 INDEPENDENT FINANCIAL GROUP, Case No.: 21CV001264 10 LLC, on its own behalf and as assignee of Adolfo Artalejo; Rod Belton and Nancy PLAINTIFF’S NOTICE OF MOTION AND 11 Belton; James Cornelius and June Cornelius; MOTION TO CONSOLIDATE John Favero and Philayna Favero; Ray 12 Moncada and Vinnie Moncada; Sheryl Peck; Juanita Stoddard; Ron Taylor and Hazel Date: March 24, 2023 13 Taylor; Jane Beery; Joy Chandler; John Day; Time: 8:30am Sim Granoff and Virginia Lott; Gretchen Dept.: 14 14 Jackson; William Miller and Sharon Miller; Darryl Prudden; Carolyn Rice; John Romero Complaint Filed: April 15, 2021 15 and Sandy Romero; Bennie Hill and Lynda Hill; Ellen Koskinen; George Lynch and Trial Date: None Set 16 Helen Lynch; Mathew Panziera and Jamie Panziera; and Tom Sgheiza and Mary 17 Sgheiza, 18 Plaintiff, 19 v. 20 FP TRANSITIONS, LLC and DOES 1-50, INCLUSIVE, 21 Defendants. 22 FP TRANSITIONS, LLC, 23 Cross-Complainant, 24 v. 25 INDEPENDENT FINANCIAL GROUP, 26 LLC, David Marshall, Marshall Wealth Management Group and ROES 1-25, 27 inclusive, 28 Cross-Defendants. 1 PLAINTIFF’S MOTION TO CONSOLIDATE 1 2 INDEPENDENT FINANCIAL GROUP, Case No.: 22CV001149 3 LLC, on its own behalf and as assignee of Gene Kondo, Complaint Filed: April 26, 2022 4 Plaintiff, Trial Date: None Set 5 v. 6 FP TRANSITIONS, LLC and DOES 1-50, 7 INCLUSIVE, 8 Defendants. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFF’S MOTION TO CONSOLIDATE 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE that on March 16, 2023 or as soon thereafter as the matter may 3 be heard in the above-entitled court located at 1200 Aguajito Road, Monterey, CA 93940, 4 Plaintiff INDEPENDENT FINANCIAL GROUP, LLC intends to move and hereby does move 5 for an order consolidating Independent Financial Group, LLC v. FP Transitions, LLC et al., Case 6 No. 21CV001264 and Independent Financial Group, LLC v. FP Transitions, LLC et al., Case No. 7 22CV001149, for all purposes pursuant to California Code of Civil Procedure section 1048(a). 8 This motion is based on the grounds that the two actions involve common questions of 9 law and fact and that consolidation can be done without prejudice to a substantial right of any 10 party. See 11 This motion is based upon this notice, the memorandum of points and authorities filed 12 herewith, the Declaration of Rick Smith filed herewith, this court’s files and records, and upon 13 such oral and documentary evidence as may be presented at the time of the hearing. 14 15 Respectfully submitted, 16 MARKUN ZUSMAN & COMPTON LLP 17 18 Dated: February 1, 2023 By: _______________________________ 19 20 Edward S. Zusman (SBN 154366) Rick Smith (SBN 298556) 21 MARKUN ZUSMAN & COMPTON LLP 465 California Street, Suite 401 22 San Francisco, California 94104 23 Attorneys for Plaintiff 24 25 26 27 28 PLAINTIFF’S MOTION TO CONSOLIDATE