On May 24, 2022 a
Order to Show Cause
was filed
involving a dispute between
8880 Elder Creek Holdings, A California Limited Liability Corporation,
Global Investment Trust- 2017Y,
Golden Global Enterprises Inc., A California Corporation,
and
Does 1-10, Inclusive,
Onderko, Tim,
for (42) Unlimited Other Complaint (Not Spec)
in the District Court of San Mateo County.
Preview
1 DOMINIC V. SIGNOROTTI, SBN 267712
dominic@mckennabrink.com
2 TANNER D. BRINK, SBN 244791
tanner@mckennabrink.com 6/21/2023
3 MCKENNA | BRINK | SIGNOROTTI LLP
1350 Treat Blvd, Suite 105
4 Walnut Creek, CA 94597
Telephone: 925 433-5448
5 Facsimile: 844 230-2856
6 Attorneys for Defendant TIM ONDERKO
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN MATEO
10
M C K ENNA |B RINK |S IGNOROTTI LLP
11 GOLDEN GLOBAL ENTERPRISES Case No. 22-CIV-02099
INC., a California Corporation; GOLDEN
12 GLOBAL INVESTMENT TRUST – 2017, DECLARATION OF RYAN LOCKHART
W A L NUT C RE E K , CA
A T T ORNE YS A T L A W
by and through its Trustee, Donald A. IN SUPPORT OF RESPONSE TO ORDER
13 Wilson; and 8880 ELDER CREEK TO SHOW CAUSE WHY THE RECENT
HOLDINGS, a California limited liability MOTION TO COMPEL ARBITRATION
14 corporation, SHOULD NOT BE STRICKEN
15 Plaintiffs, Date: June 28, 2023
Time: 2:00 p.m.
16 vs. Dept.: 2
17 TIM ONDERKO, an individual, and as Action Filed: May 24, 2022
owner of a 49% interest in 8880 Elder Trial Date: August 9, 2023
18 Creek Holdings, LLC, a California limited
liability corporation; and DOES 1-10,
19 inclusive,
20 Defendants.
21
I, Ryan Lockhart, declare on my own personal knowledge as follows.
22
1. I am an attorney with the law office of McKenna Brink Signorotti, LLP, attorneys
23
of record for Defendant Tim Onderko (“Tim”). I am duly licensed to practice before all of the
24
courts of the State of California.
25
2. I have personal knowledge of the matters set forth in this declaration, and if called
26
to testify, I could competently testify thereto.
27
3. I appeared at the April 18th hearing in this matter. This was my first involvement
28
-1-
RESPONSE TO OSC – LOCKHART DECLARATION
1 in this case. Based on my instructions from Dominic Signorotti, I was under the impression that
2 because the Declaratory Relief Action was stayed, the case management conference would be for
3 it only and the trial setting would address the Fiduciary Duty Action only. I therefore agreed to the
4 proposed trial date from this Court believing that it was for the Fiduciary Duty Action only.
5 I declare under penalty of perjury under the laws of the State of California that the foregoing
6 is true and correct.
7 Executed on June 21, 2023, at Walnut Creek, California.
8
9 By: Ryan Lockhart
10
M C K ENNA |B RINK |S IGNOROTTI LLP
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W A L NUT C RE E K , CA
A T T ORNE YS A T L A W
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RESPONSE TO OSC – LOCKHART DECLARATION
Document Filed Date
June 21, 2023
Case Filing Date
May 24, 2022
Category
(42) Unlimited Other Complaint (Not Spec)
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Preview
1 DOMINIC V. SIGNOROTTI, SBN 267712 dominic@mckennabrink.com 2 TANNER D. BRINK, SBN 244791 tanner@mckennabrink.com 6/21/2023 3 MCKENNA | BRINK | SIGNOROTTI LLP 1350 Treat Blvd, Suite 105 4 Walnut Creek, CA 94597 Telephone: 925 433-5448 5 Facsimile: 844 230-2856 6 Attorneys for Defendant TIM ONDERKO 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN MATEO 10 M C K ENNA |B RINK |S IGNOROTTI LLP 11 GOLDEN GLOBAL ENTERPRISES Case No. 22-CIV-02099 INC., a California Corporation; GOLDEN 12 GLOBAL INVESTMENT TRUST – 2017, DECLARATION OF RYAN LOCKHART W A L NUT C RE E K , CA A T T ORNE YS A T L A W by and through its Trustee, Donald A. IN SUPPORT OF RESPONSE TO ORDER 13 Wilson; and 8880 ELDER CREEK TO SHOW CAUSE WHY THE RECENT HOLDINGS, a California limited liability MOTION TO COMPEL ARBITRATION 14 corporation, SHOULD NOT BE STRICKEN 15 Plaintiffs, Date: June 28, 2023 Time: 2:00 p.m. 16 vs. Dept.: 2 17 TIM ONDERKO, an individual, and as Action Filed: May 24, 2022 owner of a 49% interest in 8880 Elder Trial Date: August 9, 2023 18 Creek Holdings, LLC, a California limited liability corporation; and DOES 1-10, 19 inclusive, 20 Defendants. 21 I, Ryan Lockhart, declare on my own personal knowledge as follows. 22 1. I am an attorney with the law office of McKenna Brink Signorotti, LLP, attorneys 23 of record for Defendant Tim Onderko (“Tim”). I am duly licensed to practice before all of the 24 courts of the State of California. 25 2. I have personal knowledge of the matters set forth in this declaration, and if called 26 to testify, I could competently testify thereto. 27 3. I appeared at the April 18th hearing in this matter. This was my first involvement 28 -1- RESPONSE TO OSC – LOCKHART DECLARATION 1 in this case. Based on my instructions from Dominic Signorotti, I was under the impression that 2 because the Declaratory Relief Action was stayed, the case management conference would be for 3 it only and the trial setting would address the Fiduciary Duty Action only. I therefore agreed to the 4 proposed trial date from this Court believing that it was for the Fiduciary Duty Action only. 5 I declare under penalty of perjury under the laws of the State of California that the foregoing 6 is true and correct. 7 Executed on June 21, 2023, at Walnut Creek, California. 8 9 By: Ryan Lockhart 10 M C K ENNA |B RINK |S IGNOROTTI LLP 11 12 W A L NUT C RE E K , CA A T T ORNE YS A T L A W 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- RESPONSE TO OSC – LOCKHART DECLARATION