On June 08, 2022 a
Motion-Secondary
was filed
involving a dispute between
Piazza, Olivia,
and
All Persons Unknown, Claiming Any Legal Or Equitable Right, Title, Estate, Lien, Or Interest In The Property Described In The Complaint Adverse To Plaintiff'S Title, Or Any Cloud On Plaintiff'S Title Thereto,
Piazza, Eugene,
Williams, Victoria,
for 26: Unlimited Other Real Property
in the District Court of Sonoma County.
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Roy N. Johnston (SBN 185409)
Anthony Bentivegna, Esq. (SBN 129487)
JOHNSTON AND ASSOCIATES, Attorneys at Law, P.C.
1400 N. Dutton Avenue, Suite 21
Santa Rosa, California 95401
Phone: (707) 545-6542
Facsimile: (707) 545-1522
E-mail: abentivegna@johnstonassociateslaw.com
Attorneys for Defendant Eugene Piazza
and Cross-Complainants Eugene Piazza and Victoria Williams
THE SUPERIOR COURT OF THE STATE OF CALIFORNIA.
10 IN AND FOR THE COUNTY OF SONOMA - CIVIL DIVISION
ll
OLIVIA PIAZZA, an individual, Case No. SCV 270969
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Plaintiff, Unlimited Civil Case
13
VS. OBJECTIONS TO REPLY DECLARATION
14 OF MICHAEL J. FISH RE PLAINTIFF’S
EUGENE PIAZZA, and ALL PERSONS MOTION TO ENFORCE SETTLEMENT
15 UNKNOWN CLAIMING ANY LEGAL OR
EQUITABLE RIGHT, TITLE, ESTATE, LIEN, Date: July 26, 2023
16 OR INTEREST IN THE PROPERTY Time: 3 PM
DESCRIBED IN THE COMPLAINT Dept: 17 (Hon. Bradford DeMeo)
17 ADVERSE TO PLAINTIFF’S TITLE
THERETO and DOES | through 50, inclusive,
18
Defendants.
19
EUGENE PIAZZA, an individual; and
20 VICTORIA WILLIAMS, an individual;
21 Cross-Complainants,
22 vs.
23 OLIVIA PIAZZA; and DOES 51-70, inclusive,
24 Cross-Defendants.
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OBJECTIONS TO DECLARATION OF MICHAEL J. FISH
Defendant Eugene Piazza and Cross-Complainants Eugene Piazza and Victoria Williams
hereby object to the reply declaration of Michael J. Fish offered in reply to the opposition to
Plaintiff's Motion To Enforce Settlement as follows:
1. It offers new, supporting facts that were not offered in support ofPlaintiffs motion. San
Diego Watercrafts v. Wells Fargo Bank (2002), 98 C.A.4" 1316.
2. It is not relevant to the issue of whether attorney Jeffrey Lyons signed approval on the
subject Memorandum of Understanding or the uncontroverted failure to refinance the subject loan
as condition precedent, as addressed in the declaration of Eugene Piazza (Opposition, Exh. C).
Evidence Code sec. 350.
10 3. With respect to the communications from attory Jeffrey Lyons, the statements are
11 inadmissible hearsay. Evidence Code sec. 1200.
12
13 Dated: July 25, 2023 JOHNSTON & ASSOCIATES
14
15
16 ae
Anthony Bentivegna
17
Attorneys for Defendant Eugene Piazza
18 and Cross-Complainants Eugene Piazza and Victoria
Williams
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OBJECTIONS TO DECLARATION OF MICHAEL J. FISH
CASE: Piazza v Piazza et al CASE NO: SCV270969
Iam employed in the County of Sonoma, State of California. Iam over the age of
18 and not a party to the within action. My business address is 1400 N Dutton Ave. Ste 21, Santa
Rosa CA 95401.
On July 25, 2023, I serviced the foregoing document described below attached hereto on all
interest parties in this action by the method indicated below and to the following address:
1 OBJECTIONS TO REPLY DECLARATION OF MICHAEL J. FISH RE
PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT
Michael J. Fish
Richard C. O’Hare
Anderson Zeigler, PC
Attorneys for Plaintiffs and Cross-Defendants
PO Box 1498
10 Santa Rosa CA 95402
& By email: mfish@andersonzeigler.com;
11 rohare@andersonzeigler.com and
ksfarzo@andersonzeigler.com>
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[] BY MAIL —I deposited such envelope in the mail at Santa Rosa, California The envelope was
13 mailed with postage thereon fully prepaid. I am “readily familiar” with the firm’s practice
of collection and processing correspondence for mailing. Under that practice it would be
14 deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid
at Santa Rosa, California (State) in the ordinary course of business. I am aware that on
15 motion of the party serviced service is presumed invalid if postal cancellation date or
postage meter dates is more than one (1) day after date of deposit of mailing.
16
[XX] BY eSERVICE - Pursuant to Code of Civil Procedure section 1010.6 and California Rules
17 of Court section 2.256(1)(4), I affected electronic service of the documents indicated below
to the attached e-mail service list by submitting an electronic PDF version of the
18 document(s) to Microsoft Outlook, through the user interface at johnstonassociateslaw.com.
My eService address is: kpena@johnstonassociateslaw.com
19
[] VIA FACSIMILE ~ I faxed said document, to the office(s) of the addressee(s) shown above,
20 and the transmission was reported as complete and without error,
21 [] BY OVERNIGHT DELIVERY — I deposited such envelope for collection and delivery by
FEDERAL EXPRESS with delivery fees paid or provided for in accordance with ordinary
22 business practices. I am “readily familiar” with the firm’s practice of collection and
processing packages BY overnight delivery by FEDERAL EXPRESS. They are deposited
23 with a facility regularly maintained by FEDERAL EXPRESS for receipt on the same day in
the ordinary course of business.
24
[] BY SERVICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED — On I
25 personally deposited a true copy by certified or registered mail, Return Receipt Requested,
postage paid, addressed to the address(es) of the party(ies) above.
26
[] BY HAND DELIVERY: The correspondence or documents were placed in sealed, labeled
27 envelopes and served by personal delivery to the party or attorney indicated herein or , if
upon attorney, by leaving the labeled envelope at the court clerk’s office drop box.
28 MH
I declare under penalty of perjury under the laws of the State of California that the above is
true and correct.
Executed on July 25, 2023, at Santa Rosa, Calforniag VY / a
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Roy N. Johnston (SBN 185409) Anthony Bentivegna, Esq. (SBN 129487) JOHNSTON AND ASSOCIATES, Attorneys at Law, P.C. 1400 N. Dutton Avenue, Suite 21 Santa Rosa, California 95401 Phone: (707) 545-6542 Facsimile: (707) 545-1522 E-mail: abentivegna@johnstonassociateslaw.com Attorneys for Defendant Eugene Piazza and Cross-Complainants Eugene Piazza and Victoria Williams THE SUPERIOR COURT OF THE STATE OF CALIFORNIA. 10 IN AND FOR THE COUNTY OF SONOMA - CIVIL DIVISION ll OLIVIA PIAZZA, an individual, Case No. SCV 270969 12 Plaintiff, Unlimited Civil Case 13 VS. OBJECTIONS TO REPLY DECLARATION 14 OF MICHAEL J. FISH RE PLAINTIFF’S EUGENE PIAZZA, and ALL PERSONS MOTION TO ENFORCE SETTLEMENT 15 UNKNOWN CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, Date: July 26, 2023 16 OR INTEREST IN THE PROPERTY Time: 3 PM DESCRIBED IN THE COMPLAINT Dept: 17 (Hon. Bradford DeMeo) 17 ADVERSE TO PLAINTIFF’S TITLE THERETO and DOES | through 50, inclusive, 18 Defendants. 19 EUGENE PIAZZA, an individual; and 20 VICTORIA WILLIAMS, an individual; 21 Cross-Complainants, 22 vs. 23 OLIVIA PIAZZA; and DOES 51-70, inclusive, 24 Cross-Defendants. 25 26 27 28 -l- OBJECTIONS TO DECLARATION OF MICHAEL J. FISH Defendant Eugene Piazza and Cross-Complainants Eugene Piazza and Victoria Williams hereby object to the reply declaration of Michael J. Fish offered in reply to the opposition to Plaintiff's Motion To Enforce Settlement as follows: 1. It offers new, supporting facts that were not offered in support ofPlaintiffs motion. San Diego Watercrafts v. Wells Fargo Bank (2002), 98 C.A.4" 1316. 2. It is not relevant to the issue of whether attorney Jeffrey Lyons signed approval on the subject Memorandum of Understanding or the uncontroverted failure to refinance the subject loan as condition precedent, as addressed in the declaration of Eugene Piazza (Opposition, Exh. C). Evidence Code sec. 350. 10 3. With respect to the communications from attory Jeffrey Lyons, the statements are 11 inadmissible hearsay. Evidence Code sec. 1200. 12 13 Dated: July 25, 2023 JOHNSTON & ASSOCIATES 14 15 16 ae Anthony Bentivegna 17 Attorneys for Defendant Eugene Piazza 18 and Cross-Complainants Eugene Piazza and Victoria Williams 19 20 21 22 23 24 25 26 27 28 -2- OBJECTIONS TO DECLARATION OF MICHAEL J. FISH CASE: Piazza v Piazza et al CASE NO: SCV270969 Iam employed in the County of Sonoma, State of California. Iam over the age of 18 and not a party to the within action. My business address is 1400 N Dutton Ave. Ste 21, Santa Rosa CA 95401. On July 25, 2023, I serviced the foregoing document described below attached hereto on all interest parties in this action by the method indicated below and to the following address: 1 OBJECTIONS TO REPLY DECLARATION OF MICHAEL J. FISH RE PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT Michael J. Fish Richard C. O’Hare Anderson Zeigler, PC Attorneys for Plaintiffs and Cross-Defendants PO Box 1498 10 Santa Rosa CA 95402 & By email: mfish@andersonzeigler.com; 11 rohare@andersonzeigler.com and ksfarzo@andersonzeigler.com> 12 [] BY MAIL —I deposited such envelope in the mail at Santa Rosa, California The envelope was 13 mailed with postage thereon fully prepaid. I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be 14 deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Rosa, California (State) in the ordinary course of business. I am aware that on 15 motion of the party serviced service is presumed invalid if postal cancellation date or postage meter dates is more than one (1) day after date of deposit of mailing. 16 [XX] BY eSERVICE - Pursuant to Code of Civil Procedure section 1010.6 and California Rules 17 of Court section 2.256(1)(4), I affected electronic service of the documents indicated below to the attached e-mail service list by submitting an electronic PDF version of the 18 document(s) to Microsoft Outlook, through the user interface at johnstonassociateslaw.com. My eService address is: kpena@johnstonassociateslaw.com 19 [] VIA FACSIMILE ~ I faxed said document, to the office(s) of the addressee(s) shown above, 20 and the transmission was reported as complete and without error, 21 [] BY OVERNIGHT DELIVERY — I deposited such envelope for collection and delivery by FEDERAL EXPRESS with delivery fees paid or provided for in accordance with ordinary 22 business practices. I am “readily familiar” with the firm’s practice of collection and processing packages BY overnight delivery by FEDERAL EXPRESS. They are deposited 23 with a facility regularly maintained by FEDERAL EXPRESS for receipt on the same day in the ordinary course of business. 24 [] BY SERVICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED — On I 25 personally deposited a true copy by certified or registered mail, Return Receipt Requested, postage paid, addressed to the address(es) of the party(ies) above. 26 [] BY HAND DELIVERY: The correspondence or documents were placed in sealed, labeled 27 envelopes and served by personal delivery to the party or attorney indicated herein or , if upon attorney, by leaving the labeled envelope at the court clerk’s office drop box. 28 MH I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on July 25, 2023, at Santa Rosa, Calforniag VY / a p< Byg- Kelsi ena 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 25 26 27 28