On July 27, 2021 a
Motion-Secondary
was filed
involving a dispute between
Duggan, Sean,
and
Duggan, Lynn,
Moffat, Kelly,
The Duggan Family Limited Partnership,
for 06: Unlimited Breach of Contract/Warranty
in the District Court of Sonoma County.
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MarShall E. BlueStOne, ESq. (Slste Ban151632)
BLUESTONE FAIRCLOTH & OLSON, LLP
1825 4'" Street
Santa Rosa, CA 95404
Tel: 707-526-4250
Fax: 707-526-0347
Email: marshall@bfoleeal.com
Attorneys for the Duggan Family Limited Partnership,
a California Limited Partnership
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SONOMA
IP
SEAN DUGGAN, an individual, on Case No. SCV-268905
his own behalf and derivatively on
behalf of the Duggan Family Limited DECLARATION OF MARSHALL E.
12 Partnership; BLUESTONE IN SUPPORT OF OPPOSITION
TO EX PARTE MOTION FOR TRO AND
13 Plaintiffs, PRELIMINARY INJUNCTION
V.
14
Date: August I, 2023
LYNN DUGGAN, an individual; and
15 DOES I through 25, inclusive, Time: 10:30 a.m.
16 Defendants,
Dept: 17
17 -and-
[UNLIMITED CIVIL]
18 THE DUGGAN FAMILY LIMITED
PARTNERSHIP, a California Limited ASSIGNED FOR ALL PURPOSES
19 Partnership, KELLY MOFFAT, an
individual, Judge: Bradford DeMeo
2P Dept: 17
Nominal Defendants. Trial Date: February 2, 2024
21
22
I, MARSHALL BLUESTONE, declare the following:
23
1. I am an attorney at law licensed to practice in the State of California. I am a member of
24
Bluestone Faircloth k, Olson, LLP, counsel for defendant The Duggan Family Limited Partnership, a
25
California Limited Partnership. I have personal knowledge of the following and am competent to
27 testify thereto.
28 2. On July 31, 2023, Counsel for Plaintiff Sean Duggan gave one day's notice to filing of the
BLUESTONE
FAIRCLOTI I
Case No. SCV-2689p5: Declaration of Marshall E. Bluestone In Oppo to Ex Parte
OLSON
1 an ex parte application to stop a multimillion dollar sale of the Duggan Family Limited Partnership
2 shopping mall. In a meet and confer on the same day, I inquired why, if on May 31, 2023 you
received the purchase agreement and then on other supporting documents, you waited two months
4 later to bring an ex parte application. The response from PlaintifFs counsel was vague as to they did
not have all of the sale documents and there was the issue of a protective order. We provided
6
Plaintiff s counsel an executed Purchase and Sale agreement on May 31, 2023 without any protective
7
order. The Purchase and Sale Agreement has all of the terms of the sale. There was no good reason
8
for waiting two month to bring this application on the eve of closing of the first buyer in 4 years who
was just about to close the transaction.
10
3. There is a brief discussion on whether the application could be moved to next week.
Plaintiff made demands to move the hearing that Defendants could not perform.
12
13
I declare under penalty of perjury under the laws of the State of California that the foregoing is
14
true and correct.
15
Executed this 1st day of August, 2023, at Santa Rosa, California.
16
17
Dated: August I, 2023 BLUESTONE FAIRCLOTH & OLSON, LLP
19
20
MRIlshal1 E. Bluestone
21 At8bmey for Respondent
22
23
24
25
27
28
BLUESTONE
FAIRCLOTH
Case No. SCV-2689DS: Declaration of Marshall E. Btuestone In Oppo to Ex parte
OLSON
Document Filed Date
August 01, 2023
Case Filing Date
July 27, 2021
Category
06: Unlimited Breach of Contract/Warranty
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MarShall E. BlueStOne, ESq. (Slste Ban151632) BLUESTONE FAIRCLOTH & OLSON, LLP 1825 4'" Street Santa Rosa, CA 95404 Tel: 707-526-4250 Fax: 707-526-0347 Email: marshall@bfoleeal.com Attorneys for the Duggan Family Limited Partnership, a California Limited Partnership SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SONOMA IP SEAN DUGGAN, an individual, on Case No. SCV-268905 his own behalf and derivatively on behalf of the Duggan Family Limited DECLARATION OF MARSHALL E. 12 Partnership; BLUESTONE IN SUPPORT OF OPPOSITION TO EX PARTE MOTION FOR TRO AND 13 Plaintiffs, PRELIMINARY INJUNCTION V. 14 Date: August I, 2023 LYNN DUGGAN, an individual; and 15 DOES I through 25, inclusive, Time: 10:30 a.m. 16 Defendants, Dept: 17 17 -and- [UNLIMITED CIVIL] 18 THE DUGGAN FAMILY LIMITED PARTNERSHIP, a California Limited ASSIGNED FOR ALL PURPOSES 19 Partnership, KELLY MOFFAT, an individual, Judge: Bradford DeMeo 2P Dept: 17 Nominal Defendants. Trial Date: February 2, 2024 21 22 I, MARSHALL BLUESTONE, declare the following: 23 1. I am an attorney at law licensed to practice in the State of California. I am a member of 24 Bluestone Faircloth k, Olson, LLP, counsel for defendant The Duggan Family Limited Partnership, a 25 California Limited Partnership. I have personal knowledge of the following and am competent to 27 testify thereto. 28 2. On July 31, 2023, Counsel for Plaintiff Sean Duggan gave one day's notice to filing of the BLUESTONE FAIRCLOTI I Case No. SCV-2689p5: Declaration of Marshall E. Bluestone In Oppo to Ex Parte OLSON 1 an ex parte application to stop a multimillion dollar sale of the Duggan Family Limited Partnership 2 shopping mall. In a meet and confer on the same day, I inquired why, if on May 31, 2023 you received the purchase agreement and then on other supporting documents, you waited two months 4 later to bring an ex parte application. The response from PlaintifFs counsel was vague as to they did not have all of the sale documents and there was the issue of a protective order. We provided 6 Plaintiff s counsel an executed Purchase and Sale agreement on May 31, 2023 without any protective 7 order. The Purchase and Sale Agreement has all of the terms of the sale. There was no good reason 8 for waiting two month to bring this application on the eve of closing of the first buyer in 4 years who was just about to close the transaction. 10 3. There is a brief discussion on whether the application could be moved to next week. Plaintiff made demands to move the hearing that Defendants could not perform. 12 13 I declare under penalty of perjury under the laws of the State of California that the foregoing is 14 true and correct. 15 Executed this 1st day of August, 2023, at Santa Rosa, California. 16 17 Dated: August I, 2023 BLUESTONE FAIRCLOTH & OLSON, LLP 19 20 MRIlshal1 E. Bluestone 21 At8bmey for Respondent 22 23 24 25 27 28 BLUESTONE FAIRCLOTH Case No. SCV-2689DS: Declaration of Marshall E. Btuestone In Oppo to Ex parte OLSON