On October 09, 2019 a
Party Discovery
was filed
involving a dispute between
Rancho Del Chino, Llc,
and
A&B Chino Hotels, Llc,
A&B Hotel Management Investment, Inc.,
Does 2 To 20,
Js Hotel Development, Inc.,
Maa Byu Hospitality, Llc,
Maa Byu Hospitality Llc,
Maru, Bharat "Brett",
Rancho Del Chino North, Llc,
for Other Civil Contracts
in the District Court of San Bernardino County.
Preview
GMT 161 97449994 From: Michael W. Vivoli
+19097088586 Page: 19 of 26 2022-05-04 22:58:.48
To:
V V
F I LE D
SUPERIOR COURT
COUNTY OF SAN BEHNARDINO
SAN BERNARD‘NO D'STR'CT
JASON P. SACC U‘ZZO (Bar No. 221837)
UI$DJN
153Ccuzzofl‘b‘vivolilaw,com
V1V0LISACCUZZO,LLP
3104 Fourth. Avenue
San Diego, California. 92103
(639)744—9992(Te1)
(619) 744-9994 (Fax)
MAY
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'
,r
/
o hia A_ Smith
W”
0 5 2022
.
~
Attorneys for Plaintiff,
RANCHO DEL CHINO, LLC
\OMMCN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO — SAN BERNARDINO DISTRICT
.10 RANCHO DEL CHINO, LLC, a California. ) CA SE NO.: CIVDS 1 929675
limited liability company; )
H, )
DECLARATION OF JASON P.
Plaintiff, )
SACCUZZO IN SUPPORT OF
)
PLAINTIFF’S OPPOSITION T0
I3 VS. MOTION TO QUASH SUBPOENA AND
g FOR AN AWARD OF MONETARY
I4 A&B HOTEL MANAGEMENT )
SANCTIONS
15
INVESTMENT, INC, a California corporation; )
MAA BYU HOSPITALITY LLC (DOE l); and ) Date: May l7, 2022
16 DOES 2-20, inclusive, ) Time: 9:00 am.
) Dept; 325
l7 Defendant. .)
“BY FAX”
)
Action Filed: October 9, 2019
18
) SAC Filed: August 210, 202.1
l9 )
Trial Date: August 22, 2022
20
21 I, JASON P. SACCUZZO, declare as follows:
22 l. l am an attorney duly licensed to practice law before all courts 0f the State of
23 California and am a partner in the law firm 0f Vivoh’ Saccuzzo, LLP (“This Firm”), attorneys of
24 record for Plaintifl‘Rancho Dcl Chino, LLC (“Plaintiff”). I have personal. knowledge of all facts
contained herein and, if called upon to testify with respect thereto, I could and would do so.
26 2. '.l"h,i.s declaration is submitted in support 0f Plaintiff‘s opposition to Defendants’
27 motion to quash the subpoena issued to Summit State Bank.
28 ////
1
DECLARATION OF JASON P. SACCUZZO 1N SUPPORT 0F PLAINTIFF‘S OPPOSITION T0 MOTION T0 QUASH
SUBPOENA AND FOR AN AWARD OF MONETARY SANC'I'IONS
2022-05-04 22:58:48 GMT 161 97449994 From: Michael W. Vivoli
To: +19097088586 Page: 20 of 26
V V
l.
Background
3. Plaintiff formerly owned one or more parcels within the. Rancho Del Chino
Shopping Center (the “Shopping Center”) off the 71 Freeway and Ramona Avenue in the City 0f
.wa Chino, County of San Bernardino, and Plaintiff was designated the
“Manager” ()‘l’thc Shopping
KJI
Center pursuant to the “Restriction and Easement Agreement” dated April l3, 2007 (the “.REA”).
Pursuant to the REA. while Plaintiff served as manager, it had to maintain the common areas of
the Shopping Center and was entitled to sock reimbursement of the expense for maintaining the
OOWNC‘.
common areas from other parcel owners within thc Shopping Center.
4. Among the properties within the Shopping Center was Parcel 4, A.RN. No. 1025-
132-07-0000, also known as 14659 Ramona Avenue, Chino, CA 9171.0, which was a vacant parcel.
H. that it is believed Bharat “Brett” Mam (“Mam”) acquired for purposes of developing a hotel
12 (hereinafter the “Hotel Parcel”). Although vacant, the Hotel Parcel was subject t0 the REA and
l3 its owner was rcquired to contribute to maintenance of the common areas. According to available
l4 records, it is believed Maru acquired the Hotel Parcel in the mid-20005, and 'Maru was ,P,lain.Li.ii‘f"s
15 contact person for payment 0f common, area expenses. With respect to the “entity” responsible for
l6 paying these expenses, Maru instructed Plaintiff to direct all requests for payment of common area
l7 expenses, notices, and reconciliations to A&B at Maru‘s business office located at 1 51 N. Kraemer
18 Blvd, Suite 120, Placentia, CA 92870. Plaintiffcomplied with Maru’s request and directed all
l9 requests for payment to A&B.
20 5. Despite Mam’s direction to Plaintiff to submit common area expenses to A&B,
2 I. A&B failed t0 pay these expenses. Plaintiff would make multiple demands upon. A&B for payment
22 of its share of common area expenses, but payment was not forthcoming. Plaintiff was ultimately
23 required to file this action on October 9, 201.9.
24 6. Plaintiff” s original complaint named only A&B Hotels Management, Inc. (“A&B
25 Hotels”) as a defendant given Maru’s representations to Plaintiff that A&E Hotels was the entity
26 responsible for making payments under the REA. However, in November 2019, Allan Calomino,
2'7 stated to me that he would be representing A&B Hotels and advised that A&B Hotels did not hold
28 title t0 the Hotel Parcel, rather it was owned by one 0f Maru’s other entities. l inquired many times
2
DECLARATION 0F JASON P. SACCUZZO IN SUPPOR’I‘ 0F PLAYNTIFF’S OPPOSITION T0 MOTION TO QUASH
SUBPOENA AND FOR AN AWARD OF MONETARY SANCTIONS
Preview
GMT 161 97449994 From: Michael W. Vivoli +19097088586 Page: 19 of 26 2022-05-04 22:58:.48 To: V V F I LE D SUPERIOR COURT COUNTY OF SAN BEHNARDINO SAN BERNARD‘NO D'STR'CT JASON P. SACC U‘ZZO (Bar No. 221837) UI$DJN 153Ccuzzofl‘b‘vivolilaw,com V1V0LISACCUZZO,LLP 3104 Fourth. Avenue San Diego, California. 92103 (639)744—9992(Te1) (619) 744-9994 (Fax) MAY x ' ,r / o hia A_ Smith W” 0 5 2022 . ~ Attorneys for Plaintiff, RANCHO DEL CHINO, LLC \OMMCN SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO — SAN BERNARDINO DISTRICT .10 RANCHO DEL CHINO, LLC, a California. ) CA SE NO.: CIVDS 1 929675 limited liability company; ) H, ) DECLARATION OF JASON P. Plaintiff, ) SACCUZZO IN SUPPORT OF ) PLAINTIFF’S OPPOSITION T0 I3 VS. MOTION TO QUASH SUBPOENA AND g FOR AN AWARD OF MONETARY I4 A&B HOTEL MANAGEMENT ) SANCTIONS 15 INVESTMENT, INC, a California corporation; ) MAA BYU HOSPITALITY LLC (DOE l); and ) Date: May l7, 2022 16 DOES 2-20, inclusive, ) Time: 9:00 am. ) Dept; 325 l7 Defendant. .) “BY FAX” ) Action Filed: October 9, 2019 18 ) SAC Filed: August 210, 202.1 l9 ) Trial Date: August 22, 2022 20 21 I, JASON P. SACCUZZO, declare as follows: 22 l. l am an attorney duly licensed to practice law before all courts 0f the State of 23 California and am a partner in the law firm 0f Vivoh’ Saccuzzo, LLP (“This Firm”), attorneys of 24 record for Plaintifl‘Rancho Dcl Chino, LLC (“Plaintiff”). I have personal. knowledge of all facts contained herein and, if called upon to testify with respect thereto, I could and would do so. 26 2. '.l"h,i.s declaration is submitted in support 0f Plaintiff‘s opposition to Defendants’ 27 motion to quash the subpoena issued to Summit State Bank. 28 //// 1 DECLARATION OF JASON P. SACCUZZO 1N SUPPORT 0F PLAINTIFF‘S OPPOSITION T0 MOTION T0 QUASH SUBPOENA AND FOR AN AWARD OF MONETARY SANC'I'IONS 2022-05-04 22:58:48 GMT 161 97449994 From: Michael W. Vivoli To: +19097088586 Page: 20 of 26 V V l. Background 3. Plaintiff formerly owned one or more parcels within the. Rancho Del Chino Shopping Center (the “Shopping Center”) off the 71 Freeway and Ramona Avenue in the City 0f .wa Chino, County of San Bernardino, and Plaintiff was designated the “Manager” ()‘l’thc Shopping KJI Center pursuant to the “Restriction and Easement Agreement” dated April l3, 2007 (the “.REA”). Pursuant to the REA. while Plaintiff served as manager, it had to maintain the common areas of the Shopping Center and was entitled to sock reimbursement of the expense for maintaining the OOWNC‘. common areas from other parcel owners within thc Shopping Center. 4. Among the properties within the Shopping Center was Parcel 4, A.RN. No. 1025- 132-07-0000, also known as 14659 Ramona Avenue, Chino, CA 9171.0, which was a vacant parcel. H. that it is believed Bharat “Brett” Mam (“Mam”) acquired for purposes of developing a hotel 12 (hereinafter the “Hotel Parcel”). Although vacant, the Hotel Parcel was subject t0 the REA and l3 its owner was rcquired to contribute to maintenance of the common areas. According to available l4 records, it is believed Maru acquired the Hotel Parcel in the mid-20005, and 'Maru was ,P,lain.Li.ii‘f"s 15 contact person for payment 0f common, area expenses. With respect to the “entity” responsible for l6 paying these expenses, Maru instructed Plaintiff to direct all requests for payment of common area l7 expenses, notices, and reconciliations to A&B at Maru‘s business office located at 1 51 N. Kraemer 18 Blvd, Suite 120, Placentia, CA 92870. Plaintiffcomplied with Maru’s request and directed all l9 requests for payment to A&B. 20 5. Despite Mam’s direction to Plaintiff to submit common area expenses to A&B, 2 I. A&B failed t0 pay these expenses. Plaintiff would make multiple demands upon. A&B for payment 22 of its share of common area expenses, but payment was not forthcoming. Plaintiff was ultimately 23 required to file this action on October 9, 201.9. 24 6. Plaintiff” s original complaint named only A&B Hotels Management, Inc. (“A&B 25 Hotels”) as a defendant given Maru’s representations to Plaintiff that A&E Hotels was the entity 26 responsible for making payments under the REA. However, in November 2019, Allan Calomino, 2'7 stated to me that he would be representing A&B Hotels and advised that A&B Hotels did not hold 28 title t0 the Hotel Parcel, rather it was owned by one 0f Maru’s other entities. l inquired many times 2 DECLARATION 0F JASON P. SACCUZZO IN SUPPOR’I‘ 0F PLAYNTIFF’S OPPOSITION T0 MOTION TO QUASH SUBPOENA AND FOR AN AWARD OF MONETARY SANCTIONS