Preview
I Michael J. Fish, Esq. (Bar No. 98161)
Richard C. O'Hare, Esq. (Bar No. 167960)
2 ANDERSON ZEIGLER
A Professional Corporation
3 50 Old Courthouse Square, 5th Floor
Santa Rosa, CA 95404
4 Telephone: 707/545-4910
Facsimile: 707/544-0260
5 Email: mfish@andersonzeigler.com
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Attorneys for Plaintiff
7 OLIVIA PIAZZA
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF SONOMA
OLIVIA PIAZZA, Case No. SCV-270969
Plaintiff, [ Unlimited Civil Action]
vs. Complaint Filed: June 8, 2022
Trial Set: None
EUGENE PIAZZA, and
ALL PERSONS UNKNOWN, CLAIMING
ANY LEGAL OR EQUITABLE RIGHT, DECLARATION OF MICHAEL
TITLE, ESTATE, LIEN, OR INTEREST IN J. FISH IN SUPPORT OF
THE PROPERTY DESCRIBED IN THE PLAINTIFF'S REPLY TO
COMPLAINT ADVERSE TO OPPOSITION TO MOTION TO
PLAINTIFF'S TITLE, OR ANY CLOUD ENFORCE SETTLEMENT
ON PLAINTIFF'S TITLE THERETO and AGREEMENT
DOES 1 through 50, inclusive, [CCP § 664.6]
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Defendants. Date: July 26, 2023
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_ _________________;/ Time: 3:00 p.m.
Dept: 17
AND RELATED CROSS-ACTION Judge: Hon. Bradford DeMeo
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_ ___ _ ______ _ _ _____;/
22 I, MICHAEL J. FISH, declare as follows:
23 1. I am an attorney at law, duly qualified to practice before all courts of the
24 State of California. I am an attorney at Anderson Ziegler, attorneys for Plaintiff,
25 OLIVIA PIAZZA, in this proceeding. I make this Declaration in support of Plaintiff's
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28 DECLARATION OF MICHAEL J. FISH IN SUPPORT OF PLAINTIFF'S REPLY
TO OPPOSITION TO MOTION TO ENFORCE SETTLEMENT AGREEMENT
[CCP § 664.6]
Motion to Enforce Settlement Agreement. I have personal knowledge of the matters
2 stated herein, and, if called as a witness, I could competently testify thereto.
3 2. On November 9, 2022, I participated in the mediation in this action. The
4 Respondents were represented by Jeffrey Lyons, Esq. Near the conclusion of the
5 mediation Mr. Lyons and I negotiated specific the terms of the Settlement Agreement
6 herein. The Settlement Agreement was executed by the parties at the conclusion of the
7 mediation.
8 3. After the mediation the parties and attorneys began to perform under the
9
Terms of the Settlement Agreement. At the request of Mr. Lyons, I caused the Lis
Pendens recorded with respect to this litigation to be released so that the Respondents
could attempt to refinance the Property in accordance with the terms of the Settlement
11
Agreement. I also provided Mr. Lyons with the information required pursuant to
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paragraph 2.b.6. of the Settlement Agreement so that Respondents could commence
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making the monthly mortgage payments on the Property. Thereafter, the Respondents
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in fact, began making the mortgage payments on the Property.
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4. Attached hereto as Exhibit A is a true and correct copy of an email I
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received from Respondents' counsel, Jeffrey Lyons on November 9, 2022, requesting
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that I expedite the release of the Lis Pendens in this action so that his clients' lender
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could process a loan application for a refinance loan contemplated by the Settlement
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Agreement.
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5. Attached hereto as Exhibit B is a true and correct copy of a chain of
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emails exchanged between Jeffrey Lyons and me wherein: 1) On November 10, 2022, I
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thanked Mr. Lyons for his efforts in the mediation resulting in the Settlement
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Agreement and provide him the information required by paragraph 2.b.iv. of the
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Settlement; and 2) Mr. Lyons communicates on November 10, 2022, and November
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14, 2022, in regards to his clients' efforts secure a refinancing loan in accordance with
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the Settlement Agreement.
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28 DECLARATION OF MICHAEL J. FISH IN SUPPORT OF PLAINTIFF'S REPLY
TO OPPOSITION TO MOTION TO ENFORCE SETTLEMENT AGREEMENT
[CCP § 664.6]
I declare under penalty of perjury under the laws of the State of California that the
2 foregoing is true and correct and that this Declaration was executed on July 19, 2023, in
3 Santa Rosa, California.
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28 DECLARATION OF MICHAEL J. FISH IN SUPPORT OF PLAINTIFF'S REPLY
TO OPPOSITION TO MOTION TO ENFORCE SETTLEMENT AGREEMENT
[CCP § 664.6]
EXHIBIT
A
Michael Fish
From: Jeffrey Lyons
Sent: Wednesday, November 9, 2022 9:17 PM
To: Michael Fish
Cc: 'Steven Rosenberg'
Subject: RE: Piazza - Final revisions for signature
Attachments: Memorandum of Understanding .pdf
Categories: Client Matter
TimeMatterslD : M971 CAF6431 CE687
TM Contact: Olivia Piazza
TM Matter No: 4574-10516
TM Matter Reference: Piazza, Olivia Re: Lit. Real Estate
Executed by my clients.
Please expedite the recording of the release of lis pendens. My clients' lender informed them that they cannot process
a loan application without it.
From: Michael Fish
Sent: Wednesday, November 9, 2022 9:07 PM
To: Jeffrey Lyons
Subject: RE: Piazza - Final revisions for signature
Please send it to me in a signed PDF.
MLcvtttelJ. Ftsvt
LAW OFFICES OF
MERRILL, ARNONE & JONES, LLP
3554 ROUND BARN BOULEVARD
:$VITE 303
SAN'.fA ROSA , CALIFORNIA 95403
(707) 528-2882
(707) ,524-9440 (Direct)
(707) 528-6015 (Fax)
mfish@majlaw.com
This email may contain confidential and privileged material for the sole use of the intended
recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not
the intended recipient (or authorized to receive for the recipient), please contact the sender by reply
email and delete all copies of this message.
1
From: Jeffrey Lyons
Sent: Wednesday, November 9, 2022 8:59 PM
To: Michael Fish
Cc: 'Steven Rosenberg' ; Kerri Rizzato
Subject: RE: Piazza - Final revisions for signature
Thanks. Will be sending to you momentarily.
Jeff
From: Michael Fish [ mailto:mfish@majlaw.com]
Sent: Wednesday, November 9, 2022 8:55 PM
To: Jeffrey Lyons
Cc: Steven Rosenberg; Kerri Rizzato
Subject: Piazza - Final revisions for signature
MLcvt~elJ. FL.svt
LAW OFFICES OF
MERRILL, ARNONE & JONES, LLP
3.554 ROUND BARN BOULEVARD
SUITE 303
SANT A ROSA, CALIFORNIA 95403
(707) 528-2882
(707) 524-9440 (Direct)
(707) 528-6015 (Fax)
mfish@mailaw.com
This email may contain confidential and privileged material for the sole use of the intended
recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not
the intended recipient (or authorized to receive for the recipient), please contact the sender by reply
email and delete all copies of this message.
2
EXHIBIT
B
Michael Fish
From: Jeffrey Lyons
Sent: Monday, November 14, 2022 12:11 PM
To: Michael Fish
Cc: Kerri Rizzato; Lisa Holmberg
Subject: RE: Piazza - Settlement - Lender's Contact
Categories: Client Matter
TimeMatterslD: M5ABAAF78F788709
TM Contact: Olivia Piazza
TM Matter No: 4574-10516
TM Matter Reference: Piazza, Olivia Re: Lit. Real Estate
Michael,
Could you please send me a copy of the Withdrawal of Lis Pendens so that we can show the lender that it is being
done? Lenders need to be assured it is being done, and it won't show on a title report for a few weeks after recording.
Thanks.
Jeff
From: Jeffrey Lyons
Sent: Thursday, November 10, 2022 9:22 AM
To: 'Michael Fish'
Cc: 'Kerri Rizzato' ; 'Lisa Holmberg'
Subject: RE: Piazza - Settlement - Lender's Contact
Thanks.
t "'" ~i
We 'ill need the lis pendens withdrawn asap to do the refi loan, please LMK when that is done.
( t l·l
! I
Jeff '
I ,. ,
FroJ Michael Fish
Sent: Thursday, November 10, 2022 9:11 AM
To: Jeffrey Lyons
Cc: Kerri Rizzato
Subject: Piazza - Settlement - Lender's Contact
Jeffrey:
Thank you for your efforts in helping our clients through a long mediation resulting in an
Agreement.
Pursuant to paragraph 2.b.vi., attached hereto please find t he loan contact information so that
Tony and Tori can commence making the monthly payments.
1
Please let me know if your clients need anything else.
Regards,
~ Michael
MLcl-1eteU. FL.sl-1
I.:AW OFFICES OF
MERRILL, ARNONE &JONES , LLP
3554 ROUND BARN BOULEVAR D
SUITE 303
SANTA ROSA, CALIFORNI A 95403
(707) 528-2882
(.707) 524-9440 (Direct)
(707) 528-6015 (Fax)
mfish@majlaw.com
This email may contain confidential and privileged material for the sole use of the intended
recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not
the intended recipient (or authorized to receive for the recipient), please contact the sender by reply
email and delete all copies of this message.
2
1 PROOF OF SERVICE
2 I, the undersigned, declare:
3 I am employed in the County of Sonoma, State of California. I am over the age of
eighteen years and not a party to the within cause; my business address is 50 Old
4 Courthouse Square, 5th Floor, Santa Rosa, California 95404.
5 On the date stated below, I caused to be served in the manner indicated the
foregoing
6
DECLARATION OF MICHAEL J. FISH IN SUPPORT OF PLAINTIFF'S
7 MOTION TO ENFORCE SETTLEMENT
8 on the parties involved addressed as follows:
9 Anthony Bentivegna, Esq. Attorneys for Defendants/Cross-
Johnston & Associates Complainants
10 1400 N Dutton A venue, Ste. 21 EUGENE PIAZZA AND VICTORY
Santa Rosa, CA 95401 WILLIAMS
11 abentivegna@johnstonthomas.com
lcpena@johnstonassociateslaw.com
12
13 [ X] BY MAIL on the following party(ies) in said action, in accordance with CCP §
1013(a), by placing a true copy thereof enclosed in a sealed envelope in a
14 designated area for outgoing mail, addressed as set forth above. In the ordinary
course of business at the Law Offices ofMerrill, Arnone & Jones, LLP, mail
15 placed in that designated area is given the correct amount ofpostage, and is
deposited that same day in a United States mailbox in the city of Santa Rosa,
16 California.
17 [ X] BY ELECTRONIC MAIL: My electronic business address is
ksfarzo@andersonzeigler.com, and I caused such document(s) to be electronically
18 served to those parties listed above. The file transmission was reported complete
and a copy will be maintained with the documents in our office.
19
[ ] BY PERSONAL DELIVERING a true and correct copy thereof, in accordance
20 with CCP §1011, to the person(s) and at the address(es) set forth above.
21 [ ] BY OVERNIGHT DELIVERY on the following party(ies) in said action, in
accordance with CCP -~ 1013(c), by placing a true copy thereof enclosed in a
22 sealed envelope, with delivery fees paid or providedJor, in a designated area for
outgoing overnight mail, addressed as set Jorth below. In the ordinary course of
23 business at the Law Of/ices ofMerrill, Arnone & Jones, LLP, mail placed in that
designated area is picked up that same day for delivery the following business day.
24
I declare under penalty of perjury under the laws of the State of California that the
25 foregoing is true and correct. Executed on Ju~ ~ ifomia.
26
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28
PROOF OF SERVICE
Preview
I Michael J. Fish, Esq. (Bar No. 98161) Richard C. O'Hare, Esq. (Bar No. 167960) 2 ANDERSON ZEIGLER A Professional Corporation 3 50 Old Courthouse Square, 5th Floor Santa Rosa, CA 95404 4 Telephone: 707/545-4910 Facsimile: 707/544-0260 5 Email: mfish@andersonzeigler.com 6 Attorneys for Plaintiff 7 OLIVIA PIAZZA 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SONOMA OLIVIA PIAZZA, Case No. SCV-270969 Plaintiff, [ Unlimited Civil Action] vs. Complaint Filed: June 8, 2022 Trial Set: None EUGENE PIAZZA, and ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, DECLARATION OF MICHAEL TITLE, ESTATE, LIEN, OR INTEREST IN J. FISH IN SUPPORT OF THE PROPERTY DESCRIBED IN THE PLAINTIFF'S REPLY TO COMPLAINT ADVERSE TO OPPOSITION TO MOTION TO PLAINTIFF'S TITLE, OR ANY CLOUD ENFORCE SETTLEMENT ON PLAINTIFF'S TITLE THERETO and AGREEMENT DOES 1 through 50, inclusive, [CCP § 664.6] 18 Defendants. Date: July 26, 2023 19 _ _________________;/ Time: 3:00 p.m. Dept: 17 AND RELATED CROSS-ACTION Judge: Hon. Bradford DeMeo 20 21 _ ___ _ ______ _ _ _____;/ 22 I, MICHAEL J. FISH, declare as follows: 23 1. I am an attorney at law, duly qualified to practice before all courts of the 24 State of California. I am an attorney at Anderson Ziegler, attorneys for Plaintiff, 25 OLIVIA PIAZZA, in this proceeding. I make this Declaration in support of Plaintiff's 26 27 28 DECLARATION OF MICHAEL J. FISH IN SUPPORT OF PLAINTIFF'S REPLY TO OPPOSITION TO MOTION TO ENFORCE SETTLEMENT AGREEMENT [CCP § 664.6] Motion to Enforce Settlement Agreement. I have personal knowledge of the matters 2 stated herein, and, if called as a witness, I could competently testify thereto. 3 2. On November 9, 2022, I participated in the mediation in this action. The 4 Respondents were represented by Jeffrey Lyons, Esq. Near the conclusion of the 5 mediation Mr. Lyons and I negotiated specific the terms of the Settlement Agreement 6 herein. The Settlement Agreement was executed by the parties at the conclusion of the 7 mediation. 8 3. After the mediation the parties and attorneys began to perform under the 9 Terms of the Settlement Agreement. At the request of Mr. Lyons, I caused the Lis Pendens recorded with respect to this litigation to be released so that the Respondents could attempt to refinance the Property in accordance with the terms of the Settlement 11 Agreement. I also provided Mr. Lyons with the information required pursuant to 12 paragraph 2.b.6. of the Settlement Agreement so that Respondents could commence 13 making the monthly mortgage payments on the Property. Thereafter, the Respondents 14 in fact, began making the mortgage payments on the Property. 15 4. Attached hereto as Exhibit A is a true and correct copy of an email I 16 received from Respondents' counsel, Jeffrey Lyons on November 9, 2022, requesting 17 that I expedite the release of the Lis Pendens in this action so that his clients' lender 18 could process a loan application for a refinance loan contemplated by the Settlement 19 Agreement. 20 5. Attached hereto as Exhibit B is a true and correct copy of a chain of 21 emails exchanged between Jeffrey Lyons and me wherein: 1) On November 10, 2022, I 22 thanked Mr. Lyons for his efforts in the mediation resulting in the Settlement 23 Agreement and provide him the information required by paragraph 2.b.iv. of the 24 Settlement; and 2) Mr. Lyons communicates on November 10, 2022, and November 25 14, 2022, in regards to his clients' efforts secure a refinancing loan in accordance with 26 the Settlement Agreement. 27 2 28 DECLARATION OF MICHAEL J. FISH IN SUPPORT OF PLAINTIFF'S REPLY TO OPPOSITION TO MOTION TO ENFORCE SETTLEMENT AGREEMENT [CCP § 664.6] I declare under penalty of perjury under the laws of the State of California that the 2 foregoing is true and correct and that this Declaration was executed on July 19, 2023, in 3 Santa Rosa, California. 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 28 DECLARATION OF MICHAEL J. FISH IN SUPPORT OF PLAINTIFF'S REPLY TO OPPOSITION TO MOTION TO ENFORCE SETTLEMENT AGREEMENT [CCP § 664.6] EXHIBIT A Michael Fish From: Jeffrey Lyons Sent: Wednesday, November 9, 2022 9:17 PM To: Michael Fish Cc: 'Steven Rosenberg' Subject: RE: Piazza - Final revisions for signature Attachments: Memorandum of Understanding .pdf Categories: Client Matter TimeMatterslD : M971 CAF6431 CE687 TM Contact: Olivia Piazza TM Matter No: 4574-10516 TM Matter Reference: Piazza, Olivia Re: Lit. Real Estate Executed by my clients. Please expedite the recording of the release of lis pendens. My clients' lender informed them that they cannot process a loan application without it. From: Michael Fish Sent: Wednesday, November 9, 2022 9:07 PM To: Jeffrey Lyons Subject: RE: Piazza - Final revisions for signature Please send it to me in a signed PDF. MLcvtttelJ. Ftsvt LAW OFFICES OF MERRILL, ARNONE & JONES, LLP 3554 ROUND BARN BOULEVARD :$VITE 303 SAN'.fA ROSA , CALIFORNIA 95403 (707) 528-2882 (707) ,524-9440 (Direct) (707) 528-6015 (Fax) mfish@majlaw.com This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply email and delete all copies of this message. 1 From: Jeffrey Lyons Sent: Wednesday, November 9, 2022 8:59 PM To: Michael Fish Cc: 'Steven Rosenberg' ; Kerri Rizzato Subject: RE: Piazza - Final revisions for signature Thanks. Will be sending to you momentarily. Jeff From: Michael Fish [ mailto:mfish@majlaw.com] Sent: Wednesday, November 9, 2022 8:55 PM To: Jeffrey Lyons Cc: Steven Rosenberg; Kerri Rizzato Subject: Piazza - Final revisions for signature MLcvt~elJ. FL.svt LAW OFFICES OF MERRILL, ARNONE & JONES, LLP 3.554 ROUND BARN BOULEVARD SUITE 303 SANT A ROSA, CALIFORNIA 95403 (707) 528-2882 (707) 524-9440 (Direct) (707) 528-6015 (Fax) mfish@mailaw.com This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply email and delete all copies of this message. 2 EXHIBIT B Michael Fish From: Jeffrey Lyons Sent: Monday, November 14, 2022 12:11 PM To: Michael Fish Cc: Kerri Rizzato; Lisa Holmberg Subject: RE: Piazza - Settlement - Lender's Contact Categories: Client Matter TimeMatterslD: M5ABAAF78F788709 TM Contact: Olivia Piazza TM Matter No: 4574-10516 TM Matter Reference: Piazza, Olivia Re: Lit. Real Estate Michael, Could you please send me a copy of the Withdrawal of Lis Pendens so that we can show the lender that it is being done? Lenders need to be assured it is being done, and it won't show on a title report for a few weeks after recording. Thanks. Jeff From: Jeffrey Lyons Sent: Thursday, November 10, 2022 9:22 AM To: 'Michael Fish' Cc: 'Kerri Rizzato' ; 'Lisa Holmberg' Subject: RE: Piazza - Settlement - Lender's Contact Thanks. t "'" ~i We 'ill need the lis pendens withdrawn asap to do the refi loan, please LMK when that is done. ( t l·l ! I Jeff ' I ,. , FroJ Michael Fish Sent: Thursday, November 10, 2022 9:11 AM To: Jeffrey Lyons Cc: Kerri Rizzato Subject: Piazza - Settlement - Lender's Contact Jeffrey: Thank you for your efforts in helping our clients through a long mediation resulting in an Agreement. Pursuant to paragraph 2.b.vi., attached hereto please find t he loan contact information so that Tony and Tori can commence making the monthly payments. 1 Please let me know if your clients need anything else. Regards, ~ Michael MLcl-1eteU. FL.sl-1 I.:AW OFFICES OF MERRILL, ARNONE &JONES , LLP 3554 ROUND BARN BOULEVAR D SUITE 303 SANTA ROSA, CALIFORNI A 95403 (707) 528-2882 (.707) 524-9440 (Direct) (707) 528-6015 (Fax) mfish@majlaw.com This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply email and delete all copies of this message. 2 1 PROOF OF SERVICE 2 I, the undersigned, declare: 3 I am employed in the County of Sonoma, State of California. I am over the age of eighteen years and not a party to the within cause; my business address is 50 Old 4 Courthouse Square, 5th Floor, Santa Rosa, California 95404. 5 On the date stated below, I caused to be served in the manner indicated the foregoing 6 DECLARATION OF MICHAEL J. FISH IN SUPPORT OF PLAINTIFF'S 7 MOTION TO ENFORCE SETTLEMENT 8 on the parties involved addressed as follows: 9 Anthony Bentivegna, Esq. Attorneys for Defendants/Cross- Johnston & Associates Complainants 10 1400 N Dutton A venue, Ste. 21 EUGENE PIAZZA AND VICTORY Santa Rosa, CA 95401 WILLIAMS 11 abentivegna@johnstonthomas.com lcpena@johnstonassociateslaw.com 12 13 [ X] BY MAIL on the following party(ies) in said action, in accordance with CCP § 1013(a), by placing a true copy thereof enclosed in a sealed envelope in a 14 designated area for outgoing mail, addressed as set forth above. In the ordinary course of business at the Law Offices ofMerrill, Arnone & Jones, LLP, mail 15 placed in that designated area is given the correct amount ofpostage, and is deposited that same day in a United States mailbox in the city of Santa Rosa, 16 California. 17 [ X] BY ELECTRONIC MAIL: My electronic business address is ksfarzo@andersonzeigler.com, and I caused such document(s) to be electronically 18 served to those parties listed above. The file transmission was reported complete and a copy will be maintained with the documents in our office. 19 [ ] BY PERSONAL DELIVERING a true and correct copy thereof, in accordance 20 with CCP §1011, to the person(s) and at the address(es) set forth above. 21 [ ] BY OVERNIGHT DELIVERY on the following party(ies) in said action, in accordance with CCP -~ 1013(c), by placing a true copy thereof enclosed in a 22 sealed envelope, with delivery fees paid or providedJor, in a designated area for outgoing overnight mail, addressed as set Jorth below. In the ordinary course of 23 business at the Law Of/ices ofMerrill, Arnone & Jones, LLP, mail placed in that designated area is picked up that same day for delivery the following business day. 24 I declare under penalty of perjury under the laws of the State of California that the 25 foregoing is true and correct. Executed on Ju~ ~ ifomia. 26 27 28 PROOF OF SERVICE