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SCHUMANN ROSENBERG & AREVALO LLP
KIM SCHUMANN (CSB N0. 170942)
Schumann@SchumannR0senber2.com 3UFPER‘léREC NARDiNO
MARLYS K. BRAUN (CSB No. 158343) 03R§§E8§E£§§§BISTMCT
Braun SchumannRosenber .com
7 2022
3100 Brlstol Street, Suite 100 AUG 1
Costa Mesa, CA 92626
©WQ¢NUI£MNH
Telephone (714) 850-02 1 0
Facsimile (714) 850-0551 BY, ,
SAND‘
U I
OTERG a DEPUTY
m
Attorneys for Defendant/Cross—Defendant, HUNT PRISCILLA LIVING TRUST, PRISCILLA
HUNT, individually, as Trustee of the Priscilla Hunt Living Trust, and as Co-Trustee of the
Donald G. Hunt Living Trust, BESSEMER TRUST CO., N.A., as Co-Trustee of the Donald G.
Hunt Living Trust, and HUNT ENTERPRISES, INC.
SUPERIOR COURT OF CALIFORNIA
COUNTY 0F SAN BERNARDINO ; , I
HH HO
LLP
YOLANDA IUAREZ ALVAREZ, an Case No.2 CIVDSl916334
"
individlgalgdam Judge: Hon. Thomas S; Gamfié‘r:
_
Department: S-27
AREVALO Plaintiffs,
13
100
92626-7333
0
DECLARATION OF MARLYS K. BRAUN
l V. IN SUPPORT 0F DEMURRER BY NON—
14
&
SUITE
850-02
PUBLIC ENTITY DEFENDANTS TO THE
AfiLAW
4) HUNT PRISCILLAQLIVING TRUST; CI'LY FIRSTé .34“ COMPLAINT aw
1 15
,
V ‘
STREEQ",
CALIFORNIA
(7 OF FONTANA, and DOES 1 through 100,
16
inclusive Date Action Filed: May 31, 2019
ROSENBERG
ATTORNEYS
Trial Date: None Set
TELEPHONE:
BRISTOL
MESA, Defendants,
17
3100 -and— 1%;
COSTA 18
19
JUAN HERNANDEZ, an individual,
SCHUMANN
Nominal Defendant.
20
21
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
22 time the Court continued the hearing on the non-
Pursuant to the Order of the Court at the
23 Amended Complaint, Moving Parties hereby submit
public entity defendants Demurrer to the First
24 Braun regarding meet and confer 0n outstanding
the following Declaration of Marlys K. efforts to
25
issues:
26
///
27
///
28
-1-
DECLARATION OF MARLYS K. BRAUN IN SUPPORT OF DEMURRER BY NON-PUBLIC ENTITY
DEFENDANTS TO THE FIRST AMENDED COMPLAINT
‘
. .
DECLARATION OF MARLYS K. BRAUN
I, Marlys K. Braun, d0 declare as follows
1. I am an attorney duly licensed to practice law before all of the courts of the State of
California. I am an attorney at SCHUMANN ROSENBERG & AREVALO LLP, counsel of record
Imake based on my personal knowledge of the
@WQQUIhUJNH
for all non-public entity Defendants. this declaration
facts stated herein. I gained my personal knowledge of the facts stated herein By virtue of my
participation in the events described herein, my review of the documents described herein, or some
combination of the foregoing as identified herein. If called to testify to the facts stated herein, I
could and would do so competently and truthfully. I submit this declaration pursuant t0 the Order 0f
the Court and in support of the jointly—submitted Demurrer by all non-public entity Defendants to
LLP
Plaintiff s First Amended Complaint.
2. At the time of the May 1’0, 2022; heafifgw'fi’fi non-public entity Defendants Demurrer
AREVALO
100
to the First Amended Complaint, the Honorable Thomas Garza, ordered the parties to meet and
92626-7333
SUITE confer regarding the issues raised in Tfie Demurrer and submit this declaration prior to the continued
& 850-0210
ATFLAW
hearing 6nAugusf29§929222m
w r'éfi" a .
‘ :
‘ .
7 ,
STREET,
(714)
CALIFORNIA
ROSENBERQ
ATTORNEYS
3. On June 3, 2022, I spoke with counsel for Ms. Alvarez. At that time, Plaintiff’s
TELEPHONE:
BRISTOL
MESA,
counsel indicated that they agree that the cause of action for dangerous condition of public property
100
3 COSTA shouldfinot be asserted against the non-public entity defendants. However, as the othér issues raised,
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WQQUIfiMNH¢©wQQUIAMNHC
in the demurrer involve the statute of limitations, the parties were unable t0 reach an agreement and
SCHUMANN
request that the Court rule on the merits of the demurrer.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Executed this 17th day of August 2022 at Costa Mesa, California.
-//-
///’
7
,,,,,,,,,,,,,,
By:
Marlys K. Braun, Declarant
-2-
DECLARATION OF MARLYS K. BRAUN IN SUPPORT OF DEMURRER BY NON-PUBLIC ENTITY
DEFENDANTS TO THE FIRST AMENDED COMPLAINT
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SCHUMANN ROSENBERG & AREVALO LLP KIM SCHUMANN (CSB N0. 170942) Schumann@SchumannR0senber2.com 3UFPER‘léREC NARDiNO MARLYS K. BRAUN (CSB No. 158343) 03R§§E8§E£§§§BISTMCT Braun SchumannRosenber .com 7 2022 3100 Brlstol Street, Suite 100 AUG 1 Costa Mesa, CA 92626 ©WQ¢NUI£MNH Telephone (714) 850-02 1 0 Facsimile (714) 850-0551 BY, , SAND‘ U I OTERG a DEPUTY m Attorneys for Defendant/Cross—Defendant, HUNT PRISCILLA LIVING TRUST, PRISCILLA HUNT, individually, as Trustee of the Priscilla Hunt Living Trust, and as Co-Trustee of the Donald G. Hunt Living Trust, BESSEMER TRUST CO., N.A., as Co-Trustee of the Donald G. Hunt Living Trust, and HUNT ENTERPRISES, INC. SUPERIOR COURT OF CALIFORNIA COUNTY 0F SAN BERNARDINO ; , I HH HO LLP YOLANDA IUAREZ ALVAREZ, an Case No.2 CIVDSl916334 " individlgalgdam Judge: Hon. Thomas S; Gamfié‘r: _ Department: S-27 AREVALO Plaintiffs, 13 100 92626-7333 0 DECLARATION OF MARLYS K. BRAUN l V. IN SUPPORT 0F DEMURRER BY NON— 14 & SUITE 850-02 PUBLIC ENTITY DEFENDANTS TO THE AfiLAW 4) HUNT PRISCILLAQLIVING TRUST; CI'LY FIRSTé .34“ COMPLAINT aw 1 15 , V ‘ STREEQ", CALIFORNIA (7 OF FONTANA, and DOES 1 through 100, 16 inclusive Date Action Filed: May 31, 2019 ROSENBERG ATTORNEYS Trial Date: None Set TELEPHONE: BRISTOL MESA, Defendants, 17 3100 -and— 1%; COSTA 18 19 JUAN HERNANDEZ, an individual, SCHUMANN Nominal Defendant. 20 21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 22 time the Court continued the hearing on the non- Pursuant to the Order of the Court at the 23 Amended Complaint, Moving Parties hereby submit public entity defendants Demurrer to the First 24 Braun regarding meet and confer 0n outstanding the following Declaration of Marlys K. efforts to 25 issues: 26 /// 27 /// 28 -1- DECLARATION OF MARLYS K. BRAUN IN SUPPORT OF DEMURRER BY NON-PUBLIC ENTITY DEFENDANTS TO THE FIRST AMENDED COMPLAINT ‘ . . DECLARATION OF MARLYS K. BRAUN I, Marlys K. Braun, d0 declare as follows 1. I am an attorney duly licensed to practice law before all of the courts of the State of California. I am an attorney at SCHUMANN ROSENBERG & AREVALO LLP, counsel of record Imake based on my personal knowledge of the @WQQUIhUJNH for all non-public entity Defendants. this declaration facts stated herein. I gained my personal knowledge of the facts stated herein By virtue of my participation in the events described herein, my review of the documents described herein, or some combination of the foregoing as identified herein. If called to testify to the facts stated herein, I could and would do so competently and truthfully. I submit this declaration pursuant t0 the Order 0f the Court and in support of the jointly—submitted Demurrer by all non-public entity Defendants to LLP Plaintiff s First Amended Complaint. 2. At the time of the May 1’0, 2022; heafifgw'fi’fi non-public entity Defendants Demurrer AREVALO 100 to the First Amended Complaint, the Honorable Thomas Garza, ordered the parties to meet and 92626-7333 SUITE confer regarding the issues raised in Tfie Demurrer and submit this declaration prior to the continued & 850-0210 ATFLAW hearing 6nAugusf29§929222m w r'éfi" a . ‘ : ‘ . 7 , STREET, (714) CALIFORNIA ROSENBERQ ATTORNEYS 3. On June 3, 2022, I spoke with counsel for Ms. Alvarez. At that time, Plaintiff’s TELEPHONE: BRISTOL MESA, counsel indicated that they agree that the cause of action for dangerous condition of public property 100 3 COSTA shouldfinot be asserted against the non-public entity defendants. However, as the othér issues raised, NNNNNNNNNHHHHHHHHHH WQQUIfiMNH¢©wQQUIAMNHC in the demurrer involve the statute of limitations, the parties were unable t0 reach an agreement and SCHUMANN request that the Court rule on the merits of the demurrer. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 17th day of August 2022 at Costa Mesa, California. -//- ///’ 7 ,,,,,,,,,,,,,, By: Marlys K. Braun, Declarant -2- DECLARATION OF MARLYS K. BRAUN IN SUPPORT OF DEMURRER BY NON-PUBLIC ENTITY DEFENDANTS TO THE FIRST AMENDED COMPLAINT