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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
7 SUPERIOR COURT OF CALIFORNIA
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 Case No.: 22CV001149
Adolfo Artalejo; Rod Belton and Nancy
11 Belton; James Cornelius and June Cornelius; STIPULATION TO CONTINUE
John Favero and Philayna Favero; Ray HEARING ON MOTION TO
12 Moncada and Vinnie Moncada; Sheryl Peck; CONSOLIDATE
Juanita Stoddard; Ron Taylor and Hazel
13 Taylor; Jane Beery; Joy Chandler; John Day;
Sim Granoff and Virginia Lott; Gretchen Date: March 24, 2023
14 Jackson; William Miller and Sharon Miller; Time: 8:30am
Darryl Prudden; Carolyn Rice; John Romero Dept.: 15
15 and Sandy Romero; Bennie Hill and Lynda
Hill; Ellen Koskinen; George Lynch and Complaint Filed: April 15, 2021
16 Helen Lynch; Mathew Panziera and Jamie
Panziera; and Tom Sgheiza and Mary Trial Date: None Set
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
STIPULATION REGARDING HEARING ON MOTION TO CONSOLIDATE
1 The parties hereby stipulate, by and through their attorneys of record, as follows:
2 RECITALS
3 WHEREAS:
4 1. The motion to consolidate currently scheduled for hearing on March 24, 2023 seeks
5 the consolidation of two matters pending in this court, Independent Financial Group, LLC v. FP
6 Transitions, LLC et al., Case No. 21CV001264 (“21CV001264”), and Independent Financial
7 Group, LLC v. FP Transitions, LLC et al., Case No. 22CV001149 (“22CV001149”). The two
8 matters have the same Plaintiff and Defendant. The 21CV001264 matter has a Cross-Defendant,
9 David Marshall.
10 2. In the 21CV001264 matter, the original complaint was filed on April 16, 2021. The
11 21CV001264 matter is pending in Department 14 of this court.
12 3. In the 22CV001149 matter, the original complaint was filed on April 26, 2022. The
13 22CV001149 matter is pending in Department 15 of this court.
14 4. In the 22CV001149 matter, Defendant has filed a demurrer and motion to strike with
15 respect to the operative complaint. The hearing on that demurrer and motion to strike was originally
16 set for March 17, 2023. However, the hearing on the demurrer and motion to strike was continued
17 to April 14, 2023 on the court’s own motion.
18 5. Plaintiff Independent Financial Group, LLC and Defendant FP Transitions, LLC
19 have been engaged in discussions regarding a possible global resolution of both matters. While
20 Plaintiff and Defendant have not yet reached a resolution, they have been making progress and are
21 hopeful that a resolution can be reached prior to the April 14, 2023 hearing.
22 6. Given the ongoing discussions between the parties that might obviate the need for
23 any further proceedings and in the interest of judicial economy, the parties desire to continue the
24 March 24, 2023 hearing on Plaintiff’s motion to consolidate to April 21, 2023, or a date thereafter
25 in which the Court is available.
26 No previous continuances have been requested regarding the hearing on the motion to
27 consolidate.
28
STIPULATION REGARDING HEARING ON MOTION TO CONSOLIDATE
1 STIPULATION
2 WHEREFORE, the parties stipulate as follows:
3 1. The current hearing date of March 24, 2023 on Plaintiff’s motion to consolidate
4 should be continued until April 21, 2023, or a date thereafter that is convenient to the Court’s
5 calendar.
6
7 Dated: March 16, 2023 MURPHY, PEARSON, BRADLEY & FEENEY
8
/s/ Bryan L. P. Saalfeld
By: _______________________________
9
Bryan L. P. Saalfeld
10 Thomas F. Mazzucco
Tony S. Mekari
11
Attorneys for Defendant
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13
14
15 Dated: March 16, 2023 MARKUN ZUSMAN & COMPTON LLP
16
17 By: _______________________________
18 Edward S. Zusman
Rick Smith
19
Attorneys for Plaintiff
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21
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26
27
28
STIPULATION REGARDING HEARING ON MOTION TO CONSOLIDATE
1 PROOF OF SERVICE
2 I am employed in the County of San Francisco, State of California, over the age of eighteen
years, and not a party to this action. My business address is Markun Zusman & Compton LLP,
3 465 California Street, Suite 401, San Francisco, California 94104.
4 On March 22, 2023, I served the within document(s):
5 STIPULATION TO CONTINUE HEARING ON MOTION TO CONSOLIDATE
[PROPOSED] ORDER
6
on the interested party(ies) in this action, by placing a true copy thereof enclosed in a sealed
7 envelope as follows:
(By Electronic Mail) I caused said document(s) to be mailed electronically to the parties
8
listed below.
9
Bryan L. Saafeld – 243331
Thomas F. Mazzucco – 306681
10
MURPHY, PEARSON, BRADLEY & FEENEY
580 California Streeet, Suite 1100
11
San Francisco, CA 94103-1001
BSaalfeld@mpbf.com
12
TFMazzucco@mpbf.com
13
Attorney for Defendant
FP TRANSITIONS, LLC
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I declare under penalty of perjury under the laws of the State of California that the foregoing is
16
true and correct.
17
Executed on March 22, 2023 _____________________________________
Hector Cebreros
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Proof of Service Case No. 21CV001264
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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 7 SUPERIOR COURT OF CALIFORNIA 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 Case No.: 22CV001149 Adolfo Artalejo; Rod Belton and Nancy 11 Belton; James Cornelius and June Cornelius; STIPULATION TO CONTINUE John Favero and Philayna Favero; Ray HEARING ON MOTION TO 12 Moncada and Vinnie Moncada; Sheryl Peck; CONSOLIDATE Juanita Stoddard; Ron Taylor and Hazel 13 Taylor; Jane Beery; Joy Chandler; John Day; Sim Granoff and Virginia Lott; Gretchen Date: March 24, 2023 14 Jackson; William Miller and Sharon Miller; Time: 8:30am Darryl Prudden; Carolyn Rice; John Romero Dept.: 15 15 and Sandy Romero; Bennie Hill and Lynda Hill; Ellen Koskinen; George Lynch and Complaint Filed: April 15, 2021 16 Helen Lynch; Mathew Panziera and Jamie Panziera; and Tom Sgheiza and Mary Trial Date: None Set 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 STIPULATION REGARDING HEARING ON MOTION TO CONSOLIDATE 1 The parties hereby stipulate, by and through their attorneys of record, as follows: 2 RECITALS 3 WHEREAS: 4 1. The motion to consolidate currently scheduled for hearing on March 24, 2023 seeks 5 the consolidation of two matters pending in this court, Independent Financial Group, LLC v. FP 6 Transitions, LLC et al., Case No. 21CV001264 (“21CV001264”), and Independent Financial 7 Group, LLC v. FP Transitions, LLC et al., Case No. 22CV001149 (“22CV001149”). The two 8 matters have the same Plaintiff and Defendant. The 21CV001264 matter has a Cross-Defendant, 9 David Marshall. 10 2. In the 21CV001264 matter, the original complaint was filed on April 16, 2021. The 11 21CV001264 matter is pending in Department 14 of this court. 12 3. In the 22CV001149 matter, the original complaint was filed on April 26, 2022. The 13 22CV001149 matter is pending in Department 15 of this court. 14 4. In the 22CV001149 matter, Defendant has filed a demurrer and motion to strike with 15 respect to the operative complaint. The hearing on that demurrer and motion to strike was originally 16 set for March 17, 2023. However, the hearing on the demurrer and motion to strike was continued 17 to April 14, 2023 on the court’s own motion. 18 5. Plaintiff Independent Financial Group, LLC and Defendant FP Transitions, LLC 19 have been engaged in discussions regarding a possible global resolution of both matters. While 20 Plaintiff and Defendant have not yet reached a resolution, they have been making progress and are 21 hopeful that a resolution can be reached prior to the April 14, 2023 hearing. 22 6. Given the ongoing discussions between the parties that might obviate the need for 23 any further proceedings and in the interest of judicial economy, the parties desire to continue the 24 March 24, 2023 hearing on Plaintiff’s motion to consolidate to April 21, 2023, or a date thereafter 25 in which the Court is available. 26 No previous continuances have been requested regarding the hearing on the motion to 27 consolidate. 28 STIPULATION REGARDING HEARING ON MOTION TO CONSOLIDATE 1 STIPULATION 2 WHEREFORE, the parties stipulate as follows: 3 1. The current hearing date of March 24, 2023 on Plaintiff’s motion to consolidate 4 should be continued until April 21, 2023, or a date thereafter that is convenient to the Court’s 5 calendar. 6 7 Dated: March 16, 2023 MURPHY, PEARSON, BRADLEY & FEENEY 8 /s/ Bryan L. P. Saalfeld By: _______________________________ 9 Bryan L. P. Saalfeld 10 Thomas F. Mazzucco Tony S. Mekari 11 Attorneys for Defendant 12 13 14 15 Dated: March 16, 2023 MARKUN ZUSMAN & COMPTON LLP 16 17 By: _______________________________ 18 Edward S. Zusman Rick Smith 19 Attorneys for Plaintiff 20 21 22 23 24 25 26 27 28 STIPULATION REGARDING HEARING ON MOTION TO CONSOLIDATE 1 PROOF OF SERVICE 2 I am employed in the County of San Francisco, State of California, over the age of eighteen years, and not a party to this action. My business address is Markun Zusman & Compton LLP, 3 465 California Street, Suite 401, San Francisco, California 94104. 4 On March 22, 2023, I served the within document(s): 5 STIPULATION TO CONTINUE HEARING ON MOTION TO CONSOLIDATE [PROPOSED] ORDER 6 on the interested party(ies) in this action, by placing a true copy thereof enclosed in a sealed 7 envelope as follows: (By Electronic Mail) I caused said document(s) to be mailed electronically to the parties 8 listed below. 9 Bryan L. Saafeld – 243331 Thomas F. Mazzucco – 306681 10 MURPHY, PEARSON, BRADLEY & FEENEY 580 California Streeet, Suite 1100 11 San Francisco, CA 94103-1001 BSaalfeld@mpbf.com 12 TFMazzucco@mpbf.com 13 Attorney for Defendant FP TRANSITIONS, LLC 14 15 I declare under penalty of perjury under the laws of the State of California that the foregoing is 16 true and correct. 17 Executed on March 22, 2023 _____________________________________ Hector Cebreros 18 19 20 21 22 23 24 25 26 27 28 Proof of Service Case No. 21CV001264 \