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Anne Frassetto Olsen (State Bar No. 99680)
NOLAND, HAMERLY, ETIENNE & HOSS
A Professional Corporation
333 Salinas Street
Post Office Box 2510
Salinas, California 93902-2510
Telephone: (831) 424-1414
Facsimile: (831) 424-1975
aolse! eh.com
Attorneys for Plaintiff/Cross-Defendant,
HEATHER GLOECKLER
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ
10 HEATHER GLOECKLER, Case No. 21CV01787
1 Plaintiff, PLAINTIFF/CROSS-DEFENDANT
HEATHER GLOECKLER’S STATEMENT
12 vs. OF THE CASE
13 PARADISE PARK MASONIC CLUB,
INC., a California Nonprofit Mutual
14 Benefit Corporation,, Trial Date: June 5, 2023
Time: 8:30 a.m.
15 Defendant. Dept.: 5
16 Judge: Hon. Timothy Volkmann
17 PARADISE PARK MASONIC CLUB,
INC., a California Nonprofit Mutual
18 Benefit Corporation,
19 Cross-Complainant,
20 vs.
21 HEATHER GLOECKLER, and DOES 1
through 25,
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Cross-Defendant.
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PLAINTIFF/CROSS-DEFENDANT’S STATEMENT OF THE CASE
Heather Gloeckler v. Paradise Park Masonic Club, Inc.\ Case No. 21CV01787
Plaintiff/Cross-Defendant HEATHER GLOECKLER (“Plaintiff”) has filed this action to
seek reinstatement of her membership at Defendant PARADISE PARK MASONIC CLUB
(“PPMC”). Plaintiff alleges four causes of action: Breach of duty; Breach of Contract,
Declaratory Relief and Injunctive Relief. Plaintiff's specific allegations upon which she bases
her claim for relief are as follows:
a. PPMC erred in its calculations of the annual assessment charged by PPMC and
charged more than allowed by the PPMC Bylaws;
b. PPMC charged interest on amounts that were not due;
¢. PPMC Bylaws allow the imposition of 1.5% interest on past due amounts (18% per
10 annum) and PPMC unlawfully charged compounded interest instead of simple interest in
11 violation of the Bylaws.
12 d. PPMC terminated her membership in bad faith.
13 PPMC filed a cross-complaint seeking the removal of Plaintiff and her family from her
fe 14 home and an order allowing PPMC to sell Plaintiff's home and recover any outstanding debt from
15 the proceeds with the remainder to be distributed to Plaintiff.
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17 Dated: May 25, 2023 NOLAND, HAMERLY, ETIENNE & HOSS
A Professional Corporation
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By 4/ Anne Frasstiio Olsen
20 Anne Frassetto Olsen
Attorneys for Plaintiff HEATHER
21 GLOECKLER
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PLAINTIFF/CROSS-DEFENDANT’S STATEMENT OF THE CASE
Heather Gloeckler v. Paradise Park Masonic Club, Inc.\ Case No, 21CV01787
PROOF OF SERVICE
(Code Civ. Proc. §§ 1013(a), 2015.5)
STATE OF CALIFORNIA )
COUNTY OF MONTEREY )
T am a citizen of the United States and a resident of Monterey County. I am over the age
of 18 years and not a party to the within entitled action; my business address is: 333 Salinas
Street, Post Office Box 2510, Salinas, CA 93902-2510.
On the date below, I served the attached document(s) entitled: PLAINTIFF/CROSS-
DEFENDANT HEATHER GLOECKLER’S STATEMENT OF THE CASE, on the
following named person(s) in said action at:
10
Robert E. Bosso, Esq.
ll Law Offices of Robert F. Bosso
133 Mission Street, Suite 240
12 Santa Cruz, CA 95060
Tel: (831) 426-8484
13 Fax: (831) 423-2839
rbosso@bossolaw.com
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Aaron J. Mohamed, Esq.
15 Brereton, Mohamed & Terrazas, LLP
1362 Pacific Avenue, Suite 221
16 Santa Cruz, CA 95060
ajm@brereton.law
17
By court order or by agreement of the parties to accept service by electronic
18 transmission, I caused the document(s) to be sent to the person(s) at the email
address(es) listed above. I did not receive within a reasonable time after the
19 transmission, any electronic message or other indication that the transmission was
unsuccessful. (CCP § 1010.6; Cal. Rules of Court, Rule 2.251).
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O by personal service on the above-named person(s) at the above stated address(es).
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O by placing said copy(ies) in a sealed envelope(s), postage thereon fully prepaid,
and placed for collection and processing for mailing following the business's
ordinary practice with which I am readily familiar. On the same day
23 correspondence is placed for collection and mailing, it is deposited in the ordinary
course of business with the United States Postal Service at Salinas, California,
24 addressed as stated above.
25 by overnight delivery on the above named party(ies) in said action, by placing a
true and correct copy thereof enclosed in a sealed envelope in a designated area for
26 outgoing, same-day pickup by at the offices of Noland, Hamerly,
Etienne & Hoss for overnight delivery, billed to Noland, Hamerly, Etienne & Hoss >
27 and addressed as set forth above.
28
30088\000\1799128.1:52523 3
PLAINTIFF/CROSS-DEFENDANT’S STATEMENT OF THE CASE
Heather Gloeckler v. Paradise Park Masonic Club, Inc.\ Case No. 21CV01787
by causing to be transmitted a true copy thereof to the above-named recipient via
the following facsimile transmission telephone number ("Fax"): (415) 225-1235
and no interruption of transmission was reported.
O by causing to be transmitted a true copy thereof to the above-named recipient via
the electronic mail address (parce@nheh.com), and no failure to deliver message
was received.
I declare, under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on May 25, 2023, at Salinas, California.
/s/ Patricia Arce
10 Patricia Arce
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PLAINTIFF/CROSS-DEFENDANT’S STATEMENT OF THE CASE
Heather Gloeckler v. Paradise Park Masonic Club, Inc.\ Case No. 21CV01787
Preview
Anne Frassetto Olsen (State Bar No. 99680) NOLAND, HAMERLY, ETIENNE & HOSS A Professional Corporation 333 Salinas Street Post Office Box 2510 Salinas, California 93902-2510 Telephone: (831) 424-1414 Facsimile: (831) 424-1975 aolse! eh.com Attorneys for Plaintiff/Cross-Defendant, HEATHER GLOECKLER SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ 10 HEATHER GLOECKLER, Case No. 21CV01787 1 Plaintiff, PLAINTIFF/CROSS-DEFENDANT HEATHER GLOECKLER’S STATEMENT 12 vs. OF THE CASE 13 PARADISE PARK MASONIC CLUB, INC., a California Nonprofit Mutual 14 Benefit Corporation,, Trial Date: June 5, 2023 Time: 8:30 a.m. 15 Defendant. Dept.: 5 16 Judge: Hon. Timothy Volkmann 17 PARADISE PARK MASONIC CLUB, INC., a California Nonprofit Mutual 18 Benefit Corporation, 19 Cross-Complainant, 20 vs. 21 HEATHER GLOECKLER, and DOES 1 through 25, 22 Cross-Defendant. 23 24 25 26 27 28 30088\000\1 799128. 1:52523 1 PLAINTIFF/CROSS-DEFENDANT’S STATEMENT OF THE CASE Heather Gloeckler v. Paradise Park Masonic Club, Inc.\ Case No. 21CV01787 Plaintiff/Cross-Defendant HEATHER GLOECKLER (“Plaintiff”) has filed this action to seek reinstatement of her membership at Defendant PARADISE PARK MASONIC CLUB (“PPMC”). Plaintiff alleges four causes of action: Breach of duty; Breach of Contract, Declaratory Relief and Injunctive Relief. Plaintiff's specific allegations upon which she bases her claim for relief are as follows: a. PPMC erred in its calculations of the annual assessment charged by PPMC and charged more than allowed by the PPMC Bylaws; b. PPMC charged interest on amounts that were not due; ¢. PPMC Bylaws allow the imposition of 1.5% interest on past due amounts (18% per 10 annum) and PPMC unlawfully charged compounded interest instead of simple interest in 11 violation of the Bylaws. 12 d. PPMC terminated her membership in bad faith. 13 PPMC filed a cross-complaint seeking the removal of Plaintiff and her family from her fe 14 home and an order allowing PPMC to sell Plaintiff's home and recover any outstanding debt from 15 the proceeds with the remainder to be distributed to Plaintiff. 16 17 Dated: May 25, 2023 NOLAND, HAMERLY, ETIENNE & HOSS A Professional Corporation 18 19 By 4/ Anne Frasstiio Olsen 20 Anne Frassetto Olsen Attorneys for Plaintiff HEATHER 21 GLOECKLER 22 23 24 25 26 27 28 30088\000\1799128.1:52523 2 PLAINTIFF/CROSS-DEFENDANT’S STATEMENT OF THE CASE Heather Gloeckler v. Paradise Park Masonic Club, Inc.\ Case No, 21CV01787 PROOF OF SERVICE (Code Civ. Proc. §§ 1013(a), 2015.5) STATE OF CALIFORNIA ) COUNTY OF MONTEREY ) T am a citizen of the United States and a resident of Monterey County. I am over the age of 18 years and not a party to the within entitled action; my business address is: 333 Salinas Street, Post Office Box 2510, Salinas, CA 93902-2510. On the date below, I served the attached document(s) entitled: PLAINTIFF/CROSS- DEFENDANT HEATHER GLOECKLER’S STATEMENT OF THE CASE, on the following named person(s) in said action at: 10 Robert E. Bosso, Esq. ll Law Offices of Robert F. Bosso 133 Mission Street, Suite 240 12 Santa Cruz, CA 95060 Tel: (831) 426-8484 13 Fax: (831) 423-2839 rbosso@bossolaw.com 14 Aaron J. Mohamed, Esq. 15 Brereton, Mohamed & Terrazas, LLP 1362 Pacific Avenue, Suite 221 16 Santa Cruz, CA 95060 ajm@brereton.law 17 By court order or by agreement of the parties to accept service by electronic 18 transmission, I caused the document(s) to be sent to the person(s) at the email address(es) listed above. I did not receive within a reasonable time after the 19 transmission, any electronic message or other indication that the transmission was unsuccessful. (CCP § 1010.6; Cal. Rules of Court, Rule 2.251). 20 21 O by personal service on the above-named person(s) at the above stated address(es). 22 O by placing said copy(ies) in a sealed envelope(s), postage thereon fully prepaid, and placed for collection and processing for mailing following the business's ordinary practice with which I am readily familiar. On the same day 23 correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service at Salinas, California, 24 addressed as stated above. 25 by overnight delivery on the above named party(ies) in said action, by placing a true and correct copy thereof enclosed in a sealed envelope in a designated area for 26 outgoing, same-day pickup by at the offices of Noland, Hamerly, Etienne & Hoss for overnight delivery, billed to Noland, Hamerly, Etienne & Hoss > 27 and addressed as set forth above. 28 30088\000\1799128.1:52523 3 PLAINTIFF/CROSS-DEFENDANT’S STATEMENT OF THE CASE Heather Gloeckler v. Paradise Park Masonic Club, Inc.\ Case No. 21CV01787 by causing to be transmitted a true copy thereof to the above-named recipient via the following facsimile transmission telephone number ("Fax"): (415) 225-1235 and no interruption of transmission was reported. O by causing to be transmitted a true copy thereof to the above-named recipient via the electronic mail address (parce@nheh.com), and no failure to deliver message was received. I declare, under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 25, 2023, at Salinas, California. /s/ Patricia Arce 10 Patricia Arce 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30088\000\1799128.1:52523 4 PLAINTIFF/CROSS-DEFENDANT’S STATEMENT OF THE CASE Heather Gloeckler v. Paradise Park Masonic Club, Inc.\ Case No. 21CV01787