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Lisa C. McCurdy (SBN 228755)
Blakeley S. Oranburg (SBN 309732)
GREENBERG TRAURIG, LLP
1840 Century Park East, Suite 1900
Los Angeles, California 90067-2121
Telephone: (310) 586-7700
Facsimile: (310) 586-7800
mecurdyl@gtlaw.com
oranburgb@gtlaw.com
Attorneys for Plaintiff SEAN DUGGAN,
individually and derivatively on behalf of
the Duggan Family Limited Partnership
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SONOMA
SEAN DUGGAN, an individual, on his
own behalf and derivatively on behalf of
the Duggan Family Limited Partnership;
Plaintiff,
v.
LYNN DUGGAN, an individual; and DOES 1
through 25, inclusive,
Defendants,
-and-
THE DUGGAN FAMILY LIMITED
PARTNERSHIP, a California Limited
Partnership, KELLY MOFFAT, an individual,
Nominal Defendants.
CASE NO. SCV-268905
Assigned for all purposes to Hon. Bradford
DeMeo, Dept. 17
PLAINTIFF’S NOTICE OF MOTION AND
MOTION TO COMPEL ARBITRATION
AND FOR STAY OF PROCEEDINGS
[Declarations of Sean Duggan and Lisa C.
McCurdy; Memorandum of Points and
Authorities filed concurrently herewith]
Date:
Time:
Dept: 17
Action filed: July 27, 2021
Trial date: May 12, 2023
PLAINTIFF’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND FOR STAY OF
PROCEEDINGS
ACTIVE 685038405v1TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE THAT, on __, at__in the above-captioned Court, or as soon|
thereafter as may be heard, Plaintiff Sean Duggan will and hereby does move the Court for an order
compelling arbitration of the claims in this case and to stay these proceedings. Since this case was filed,
discovery responses and documents produced by Defendant Lynn Duggan in September 2022, have|
demonstrated that:
(1) The First Amended Complaint (“FAC”) filed by Sean Duggan in this partnership dispute
must be amended to assert claims against Kelly Moffit (up until now, a nominal defendant}
only) for breach of the covenant of good faith and fair dealing, as well as added her as aj
lefendant to already asserted claims;
(2) The FAC must be amended to assert additional claims against Lynn Duggan for fraud and
breach of fiduciary duty; and
(3) The new claims to be asserted are based on Lynn Duggan and Kelly Moffat having breached]
and/or encouraged the breach of the Promissory Note (the “G.P. Note”) between Lynn|
Duggan and the Duggan Family Limited Partnership (“Partnership”) by failing to repay the}
loan from the Partnership to Lynn Duggan as general partner in a manner permitted by the
G.P. Note, and, instead, effectively rewriting its terms by substituting Kelly Moffat as lender}
(along with her husband) to the general partner in a transaction whereby the loan will be}
paid upon sale of the Partnership property.
Basic equitable estoppel principles require arbitration of the claims against the defendants in this|
case, as the claims that will be added to the Complaint are based on the G.P. Note, to which Lynn|
Duggan and the Partnership are parties, and which contains an Arbitration Agreement to be interpreted
and enforced under the Federal Arbitration Act. Thus, the Court should compel arbitration of all such|
claims and all related claims and stay the case.
This Motion is based on this Notice of Motion and Motion, the accompanying Memorandum of|
Points and Authorities, the Declarations of Sean Duggan and Lisa McCurdy, reply papers to be|
submitted by Plaintiff, all papers on file with the Court, and any arguments and evidence as may be|
presented at the time of the hearing on this Motion.
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PLAINTIFF’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION
ACTIVE 685038405v1DATED: February 14, 2023
GREENBERG TRAURIG, LLP
By: /s/ Lisa C. McCurdy
Lisa C. McCurdy
Attorneys for Plaintiff, SEAN DUGGAN
2
PLAINTIFF’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION
ACTIVE 685038405v1oo
coo
PROOF OF SERVICE
(Sean Duggan v. Lynn Duggan, et al.)
Sonoma County Case No: SCV-268905
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
Iam employed in the aforesaid county, State of California; I am over the age of 18 years and not
a party to the within action; my business address is 1840 Century Park East, Suite 1900, Los Angeles,
CA 90067-2121. My email address is sharifih@gtlaw.com
On February 14, 2023, I served the document(s) described as PLAINTIFF’S NOTICE OF
MOTION AND MOTION TO COMPEL ARBITRATION AND FOR STAY OF
PROCEEDINGS on the interested parties in this action by:
Anne Olsen Marshall E. Bluestone
Noland, Hamerly, Etienne & Hoss, APC Bluestone Faircloth & Olson, LLP
333 Salinas Street, P.O. Box 2510 1825 4" Street
Salinas, CA 93902 Santa Rosa, CA 95404
Email: aolsen@nheh.com Email: marshall@bfolegal.com
Attorneys for Defendant Lynn Duggan Email: emilee@bfolegal.com
Attorneys for Defendant Duggan Family Limited
Partnership
Michael Schklovsky
Anderson Zeigler, APC
50 Old Courthouse Square, 5" FI.
Santa Rosa, CA 95404
Email: mshklovsky@andersonzeigler.com
Attorneys for Defendant Kelly Moffat
(BY ELECTRONIC MAIL)
On the below date, I transmitted the foregoing document(s) by electronic mail, and the
transmission was reported as complete and without error. This method of service was made
pursuant to an agreement entered by and between counsel.
Xl (STATE) I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on February 14, 2023, at Los Angeles, California.
/s/ Haleh Sharifi
Haleh Sharifi
4
DECLARATION OF LISA C. MCCURDY
ACTIVE 685305720v1
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Lisa C. McCurdy (SBN 228755) Blakeley S. Oranburg (SBN 309732) GREENBERG TRAURIG, LLP 1840 Century Park East, Suite 1900 Los Angeles, California 90067-2121 Telephone: (310) 586-7700 Facsimile: (310) 586-7800 mecurdyl@gtlaw.com oranburgb@gtlaw.com Attorneys for Plaintiff SEAN DUGGAN, individually and derivatively on behalf of the Duggan Family Limited Partnership SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SONOMA SEAN DUGGAN, an individual, on his own behalf and derivatively on behalf of the Duggan Family Limited Partnership; Plaintiff, v. LYNN DUGGAN, an individual; and DOES 1 through 25, inclusive, Defendants, -and- THE DUGGAN FAMILY LIMITED PARTNERSHIP, a California Limited Partnership, KELLY MOFFAT, an individual, Nominal Defendants. CASE NO. SCV-268905 Assigned for all purposes to Hon. Bradford DeMeo, Dept. 17 PLAINTIFF’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND FOR STAY OF PROCEEDINGS [Declarations of Sean Duggan and Lisa C. McCurdy; Memorandum of Points and Authorities filed concurrently herewith] Date: Time: Dept: 17 Action filed: July 27, 2021 Trial date: May 12, 2023 PLAINTIFF’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND FOR STAY OF PROCEEDINGS ACTIVE 685038405v1TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT, on __, at__in the above-captioned Court, or as soon| thereafter as may be heard, Plaintiff Sean Duggan will and hereby does move the Court for an order compelling arbitration of the claims in this case and to stay these proceedings. Since this case was filed, discovery responses and documents produced by Defendant Lynn Duggan in September 2022, have| demonstrated that: (1) The First Amended Complaint (“FAC”) filed by Sean Duggan in this partnership dispute must be amended to assert claims against Kelly Moffit (up until now, a nominal defendant} only) for breach of the covenant of good faith and fair dealing, as well as added her as aj lefendant to already asserted claims; (2) The FAC must be amended to assert additional claims against Lynn Duggan for fraud and breach of fiduciary duty; and (3) The new claims to be asserted are based on Lynn Duggan and Kelly Moffat having breached] and/or encouraged the breach of the Promissory Note (the “G.P. Note”) between Lynn| Duggan and the Duggan Family Limited Partnership (“Partnership”) by failing to repay the} loan from the Partnership to Lynn Duggan as general partner in a manner permitted by the G.P. Note, and, instead, effectively rewriting its terms by substituting Kelly Moffat as lender} (along with her husband) to the general partner in a transaction whereby the loan will be} paid upon sale of the Partnership property. Basic equitable estoppel principles require arbitration of the claims against the defendants in this| case, as the claims that will be added to the Complaint are based on the G.P. Note, to which Lynn| Duggan and the Partnership are parties, and which contains an Arbitration Agreement to be interpreted and enforced under the Federal Arbitration Act. Thus, the Court should compel arbitration of all such| claims and all related claims and stay the case. This Motion is based on this Notice of Motion and Motion, the accompanying Memorandum of| Points and Authorities, the Declarations of Sean Duggan and Lisa McCurdy, reply papers to be| submitted by Plaintiff, all papers on file with the Court, and any arguments and evidence as may be| presented at the time of the hearing on this Motion. 4 PLAINTIFF’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION ACTIVE 685038405v1DATED: February 14, 2023 GREENBERG TRAURIG, LLP By: /s/ Lisa C. McCurdy Lisa C. McCurdy Attorneys for Plaintiff, SEAN DUGGAN 2 PLAINTIFF’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION ACTIVE 685038405v1oo coo PROOF OF SERVICE (Sean Duggan v. Lynn Duggan, et al.) Sonoma County Case No: SCV-268905 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES Iam employed in the aforesaid county, State of California; I am over the age of 18 years and not a party to the within action; my business address is 1840 Century Park East, Suite 1900, Los Angeles, CA 90067-2121. My email address is sharifih@gtlaw.com On February 14, 2023, I served the document(s) described as PLAINTIFF’S NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND FOR STAY OF PROCEEDINGS on the interested parties in this action by: Anne Olsen Marshall E. Bluestone Noland, Hamerly, Etienne & Hoss, APC Bluestone Faircloth & Olson, LLP 333 Salinas Street, P.O. Box 2510 1825 4" Street Salinas, CA 93902 Santa Rosa, CA 95404 Email: aolsen@nheh.com Email: marshall@bfolegal.com Attorneys for Defendant Lynn Duggan Email: emilee@bfolegal.com Attorneys for Defendant Duggan Family Limited Partnership Michael Schklovsky Anderson Zeigler, APC 50 Old Courthouse Square, 5" FI. Santa Rosa, CA 95404 Email: mshklovsky@andersonzeigler.com Attorneys for Defendant Kelly Moffat (BY ELECTRONIC MAIL) On the below date, I transmitted the foregoing document(s) by electronic mail, and the transmission was reported as complete and without error. This method of service was made pursuant to an agreement entered by and between counsel. Xl (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 14, 2023, at Los Angeles, California. /s/ Haleh Sharifi Haleh Sharifi 4 DECLARATION OF LISA C. MCCURDY ACTIVE 685305720v1