On October 09, 2019 a
Motion-Secondary
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
JASON P. SACCUZZO (Bar No. 221837) SUpE
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OF CALIFORNLA,
13accuzzo@v1vohlaw.com 89$;
(305,395
VIVOLI SACCUZZO, LLP 8w nsRNARoyéflt’gfififflfiF"
31 04 Fourth Avenue
San Diego, California 92103 JUL 1 3 202]
(619) 744—9992 (Tel)
(619) 744-9994 (Fax) By
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N'COLF O'DVWER. DEDTFT‘V
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Attorneys for Plaintiff,
RANCHO DEL CHINO, LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO — SAN BERNARDINO DISTRICT
RANCHO DEL CHINO, LLC, a California ) CASE NO.: CIVDSl929675
limited liability company; )
) [Assigned for A11 Purposes To: Hon. Elia V.
Plaintiff, ) Pirozzi, Dept. S25]
)
vs. ) DECLARATION OF JASON P.
) SACCUZZO IN SUPPORT OF MOTION
A&B HOTEL MANAGEMENT ) FOR LEAVE TO FILE SECOND
INVESTMENT, INC., a California corporation; ) AMENDED COMPLAINT
MAA BYU HOSPITALITY LLC (DOE 1); and )
DOES 2-20, inclusive, ) Date: August 10, 2021
)
T'une: 9:00 a.m.
Defendant. ) Dept: 825
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)
) FAC Filed: June2020 5,
) Trial Date: August 22, 2022
.
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JASON P. SACCUZZO,
OOQONUI-PWNHOOOONQM-bWNHO
"r; i
I, declare as follows: ;'
1. I am an attorney duly licensed to practice law before all courts of the State 0f
California and am a partner in the law firm of Vivoli Saccuzzo, LLP (“This Firm”), attorneys 0f
record for Plaintiff Rancho Del Chino, LLC (“Plaintiff”). I have personal knowledge 0f all facts
contained herein and, if called upon to testify with respect thereto, I could and would d0 so.
2. This declaration is submitted in support of Plaintiff’ s Motion t0 Amend Complaint
(“Motion”) filed herewith, pursuant to which Plaintiff seek leave t0 file its proposed Second
Amended Complaint (“SAC”).
/ / / /
l
DECLARATION OF JASON P. SACCUZZO IN SUPPORT OF MOTION FOR LEAVE TO FILE SECOND AMENDED
COMPLAINT
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 of
Chino, County of San Bernardino, and Plaintiff was designated the “Manager” of the Shopping
\OOONQKJI-PUJNp—A
Center pursuant to the “Restriction and Easement Agreement” dated April 13, 2007 (the “REA”).
Pursuant to the REA, while Plaintiff served as manager, it had to maintain the common areas 0f
the Shopping Center and was entitled to seek reimbursement of the expense for maintaining the
common areas from other parcel owners within the Shopping Center.
4. Among the properties within the Shopping Center was Parcel 4, A.P.N. N0. 1025-
132-07-0000, also known as 14659 Ramona Avenue, Chino, CA 91 710, which was a vacant parcel
that it is believed Bharat “Brett” Maru acquired for purposes of developing a hotel (hereinafter the
“Hotel Parcel”). Although vacant, the Hotel Parcel was subject to the REA and its owner was
required t0 contribute to maintenance of the common areas. According to available records, it is
believed Maru acquired the Hotel Parcel in the mid-ZOOOS, and Maru was Plaintiff s contact person
for payment 0f common area expenses. With respect t0 the “entity” responsible for paying these
expenses, Maru instructed Plaintiff t0 direct all requests for payment 0f common area expenses,
NNNNNNNNNr—tt—ar—Ap—Ar—tr—IHu—tt—Ar—d
notices, and reconciliations to A&B at Maru’s business office located at 151 N. Kraemer B1Vd.,
Suite 120, Placentia, CA 92870. Plaintiff complied with Maru’s request and directed all requests
for payment to A&B.
OOQQUIAWNHOOOONQMJ>WNHO
5. Despite Maru’s direction t0 Plaintiff to submit common area expenses to A&B,
A&B failed to pay these expenses. Plaintiffwould make multiple demands upon A&B for payment
of its share of common area expenses, but payment was not forthcoming. Plaintiff was ultimately
required t0 file this action 0n October 9, 2019.
6. After filing this action Plaintiff discovered that Maru transferred the Hotel Parcel
to JS Hotel Development, Inc. (“JS”), an entity he wholly owned and controlled. Attached as Ex.
N0. 1 to Appendix of Exhibits (“AOE”) are true and correct copies of Relevant Corporate Records
for JS. Maru later caused JS to transfer the Hotel Parcel to MAA BYU Hospitality, LLC (“MAA”)
0n December 19, 2019. Attached as Ex. N0. 2 to AOE is a true and correct copy ofthe Grant Deed
2
DECLARATION OF JASON P. SACCUZZO IN SUPPORT OF MOTION FOR LEAVE TO FILE SECOND AMENDED
COMPLAINT
Preview
JASON P. SACCUZZO (Bar No. 221837) SUpE F H i. .- ,1“, I . . . OF CALIFORNLA, 13accuzzo@v1vohlaw.com 89$; (305,395 VIVOLI SACCUZZO, LLP 8w nsRNARoyéflt’gfififflfiF" 31 04 Fourth Avenue San Diego, California 92103 JUL 1 3 202] (619) 744—9992 (Tel) (619) 744-9994 (Fax) By x g A N'COLF O'DVWER. DEDTFT‘V \OOONONUI-bUJNH Attorneys for Plaintiff, RANCHO DEL CHINO, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO — SAN BERNARDINO DISTRICT RANCHO DEL CHINO, LLC, a California ) CASE NO.: CIVDSl929675 limited liability company; ) ) [Assigned for A11 Purposes To: Hon. Elia V. Plaintiff, ) Pirozzi, Dept. S25] ) vs. ) DECLARATION OF JASON P. ) SACCUZZO IN SUPPORT OF MOTION A&B HOTEL MANAGEMENT ) FOR LEAVE TO FILE SECOND INVESTMENT, INC., a California corporation; ) AMENDED COMPLAINT MAA BYU HOSPITALITY LLC (DOE 1); and ) DOES 2-20, inclusive, ) Date: August 10, 2021 ) T'une: 9:00 a.m. Defendant. ) Dept: 825 NNNNNNNNNHHHHp—Iflr—nv—AHH ) ) FAC Filed: June2020 5, ) Trial Date: August 22, 2022 . J,” -' v. Q-l : -u5:? 33.. Mu.x4,“ "‘ ' " JASON P. SACCUZZO, OOQONUI-PWNHOOOONQM-bWNHO "r; i I, declare as follows: ;' 1. I am an attorney duly licensed to practice law before all courts of the State 0f California and am a partner in the law firm of Vivoli Saccuzzo, LLP (“This Firm”), attorneys 0f record for Plaintiff Rancho Del Chino, LLC (“Plaintiff”). I have personal knowledge 0f all facts contained herein and, if called upon to testify with respect thereto, I could and would d0 so. 2. This declaration is submitted in support of Plaintiff’ s Motion t0 Amend Complaint (“Motion”) filed herewith, pursuant to which Plaintiff seek leave t0 file its proposed Second Amended Complaint (“SAC”). / / / / l DECLARATION OF JASON P. SACCUZZO IN SUPPORT OF MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT 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 of Chino, County of San Bernardino, and Plaintiff was designated the “Manager” of the Shopping \OOONQKJI-PUJNp—A Center pursuant to the “Restriction and Easement Agreement” dated April 13, 2007 (the “REA”). Pursuant to the REA, while Plaintiff served as manager, it had to maintain the common areas 0f the Shopping Center and was entitled to seek reimbursement of the expense for maintaining the common areas from other parcel owners within the Shopping Center. 4. Among the properties within the Shopping Center was Parcel 4, A.P.N. N0. 1025- 132-07-0000, also known as 14659 Ramona Avenue, Chino, CA 91 710, which was a vacant parcel that it is believed Bharat “Brett” Maru acquired for purposes of developing a hotel (hereinafter the “Hotel Parcel”). Although vacant, the Hotel Parcel was subject to the REA and its owner was required t0 contribute to maintenance of the common areas. According to available records, it is believed Maru acquired the Hotel Parcel in the mid-ZOOOS, and Maru was Plaintiff s contact person for payment 0f common area expenses. With respect t0 the “entity” responsible for paying these expenses, Maru instructed Plaintiff t0 direct all requests for payment 0f common area expenses, NNNNNNNNNr—tt—ar—Ap—Ar—tr—IHu—tt—Ar—d notices, and reconciliations to A&B at Maru’s business office located at 151 N. Kraemer B1Vd., Suite 120, Placentia, CA 92870. Plaintiff complied with Maru’s request and directed all requests for payment to A&B. OOQQUIAWNHOOOONQMJ>WNHO 5. Despite Maru’s direction t0 Plaintiff to submit common area expenses to A&B, A&B failed to pay these expenses. Plaintiffwould make multiple demands upon A&B for payment of its share of common area expenses, but payment was not forthcoming. Plaintiff was ultimately required t0 file this action 0n October 9, 2019. 6. After filing this action Plaintiff discovered that Maru transferred the Hotel Parcel to JS Hotel Development, Inc. (“JS”), an entity he wholly owned and controlled. Attached as Ex. N0. 1 to Appendix of Exhibits (“AOE”) are true and correct copies of Relevant Corporate Records for JS. Maru later caused JS to transfer the Hotel Parcel to MAA BYU Hospitality, LLC (“MAA”) 0n December 19, 2019. Attached as Ex. N0. 2 to AOE is a true and correct copy ofthe Grant Deed 2 DECLARATION OF JASON P. SACCUZZO IN SUPPORT OF MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT