Document for GOLDEN GLOBAL ENTERPRISES INC., a California Corporation, et al vs. TIM ONDERKO, et al

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                                1    EHLERS LAW CORPORATION
     WESLEY C.J. EHLERS (SBN 181537)
2    BRIDGET C. BEATER (SBN 204041)
     2600 Capitol Avenue, Suite 320
3    Sacramento, CA 95816-5930
     Telephone: (916) 442-0300
4    Facsimile: (916) 650-1039
     e-mail: wes@ehlerslawcorp.com
5    e-mail: bridget@ehlerslawcorp.com
6    Attorney for: Plaintiffs Golden Global Enterprises Inc.;
     Golden Global Investment Trust – 2017, by and though its
7    Trustee, Donald A. Wilson
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10                  IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
11                            IN AND FOR THE COUNTY OF SAN MATEO
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13   GOLDEN GLOBAL ENTERPRISES INC.;                    )   Case No. 22-CIV-02099
     GOLDEN GLOBAL INVESTMENT TRUST –                   )
14   2017, by and Though Its Trustee, Donald A.         )   DECLARATION OF WESLEY EHLERS
                                                        )   IN SUPPORT OF PLAINTIFFS’
     Wilson; 8880 ELDER CREEK HOLDINGS, a               )
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     California Limited Liability Corporation               OPPPOSITION TO DEFENDANT’S
                                                        )   PETITION TO COMPEL
16                                                      )   ARBITRATION, STAY CASE AND
                     Plaintiff,                         )   VACATE TRIAL
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              v.                                        )
18                                                      )   Date: August 2, 2023
     TIM ONDERKO, an Individual, and as                 )   Time: 2:00 PM
19   Owner of a 49% Interest in 8880 Elder Creek        )   Dept.: 2
     Holdings, LLC, a California Limited Liability      )
20   Corporation, and Does 1-10, Inclusive,             )   Complaint Filed: May 24, 2022
                                                        )   Trial Date: August 9, 2023
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                     Defendants.                        )
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              I, Wesley Ehlers, declare that:
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              1.     I am over 18 years of age. I have personal knowledge of the matters stated in this
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     declaration and, if called as a witness, I could and would testify competently thereto.
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              2.     I am an attorney licensed to practice law in all Courts in the State of California.
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     I am counsel for Plaintiffs Golden Global Enterprises Inc. and Golden Global Investment Trust –
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     00016534.3                                -1-                       Case No. 22-CIV-02099
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        DECL. WESLEY EHLERS ISO PLAINTIFFS’ OPPOSITION TO PETITION TO COMPEL ARBITRATION
     2017, by and though its Trustee, Donald A. Wilson (“Plaintiffs”) in this matter. I am also counsel
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     for Mr. Wilson in the AAA Arbitration filed by Mr. Onderko, entitled Onderko v. Wilson, AAA
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     Case 01-22-0002-5537 (the “AAA Arbitration”). I submit this declaration in connection with
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     Plaintiffs’ Opposition to Defendant Tim Onderko’s Petition to Compel Arbitration set for hearing
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     on August 2, 2023 in this matter.
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              3.     The Arbitrator in the AAA Arbitration, Frank Burke, is aware of the August 2,
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     2023 hearing on this Petition. He denied Mr. Wilson’s request for a brief continuance of the
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     Arbitration in light of this upcoming hearing and trial, but said as part of his ruling said “I have
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     deep respect for Judge Weiner to sort out these issues, and if she compels arbitration of the
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     declaratory relief action, we will be ready to proceed. If she chooses to stay this arbitration case
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     for a short period or indefinitely, we will do so. If she proceeds with the trial, and decides that
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     the arbitration should proceed, we can sort out claim or issue preclusion issues.”
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              I declare under penalty of perjury under the laws of the State of California that the
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     foregoing is true and correct.
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              Executed on July 20, 2023 at Sacramento, California.
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17                                                          Wesley C.J. Ehlers

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     00016534.3                                -2-                       Case No. 22-CIV-02099
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        DECL. WESLEY EHLERS ISO PLAINTIFFS’ OPPOSITION TO PETITION TO COMPEL ARBITRATION