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1 Trevor B. McCann (State Bar No. 243724)
Ryan P. Harley (State Bar No. 245059)
2 COLLINS + COLLINS LLP
3 2175 N California Boulevard, Suite 835 ELECTRONICALLY
Walnut Creek, CA 94596 FILED
4 (510) 844-5100 – FAX (510) 844-5101 Superior Court of California,
County of San Francisco
Email: tmccann@ccllp.law
5 Email: rharley@ccllp.law 08/02/2023
Clerk of the Court
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BY: JUDITH NUNEZ
Attorneys for DEFENDANTS/CROSS-COMPLAINANTS Deputy Clerk
7 TRAD’R SAM, a California Partnership and JOHN MUNGUIA
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
10 MILON, CASE NO. CGC-23-607068
11 Plaintiff, Complaint filed: June 16, 2023
FACC filed: July 6, 2023
12 vs. Trial Date: Not Set
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MUNGUIA, et al. EX PARTE APPLICATION FOR ORDER
14 SHORTENING TIME FOR NOTICE OF MOTION
Defendants, AND MOTION FOR PRELIMINARY
15 INJUNCTION; DECLARATION OF TREVOR
MCCANN
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17 [PROPOSED] ORDER lodged herewith
18 Date: August 3, 2023
AND RELATED ACTION. Time: 11:00 a.m.
19 Department: 302
Reservation No.: None Required
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EX PARTE APP FOR ORDER SHORTENING TIME RE MOTION FOR PRELIMINARY INJUNCTION
Fax (510) 844-5101
1 TO PLAINTIFF TRAD’R SAM AND PLAINTIFF/CROSS-DEFENDANT DOROTHY RIEDEL
2 AND THEIR COUNSEL OF RECORD:
3 YOU ARE HEREBY NOTIFIED THAT on the August 3, at 11:00 a.m., or as soon thereafter
4 as the matter may be heard in the Department 302 of this Court, located at 400 McAllister Street, San
5 Francisco, California, 94102, Defendant/Cross-complainant Trad’r Sam, a California partnership
6 (“Trad’r Sam”) and Defendant/Cross-complainant John Munguia (“Munguia”) will apply ex parte
7 pursuant to C.R.C. Rules 3.1200–3.1207 and Local Rule 9A, for an order shortening notice of hearing
8 on Trad’r Sam and Munguia’s Notice of Motion and Motion for Preliminary Injunction, a copy of
9 which is attached hereto as Exhibit G.
10 This Application is made on the grounds that good cause exists to shorten time and that Trad’r
11 Sam and Munguia will continue to suffer irreparable harm if they are forced to regularly notice the
12 motion. As described in the Motion for Preliminary Injunction and supporting documents attached
13 hereto as Exhibit G, Defendant/Cross-defendant Dorothy Riedel (“Riedel”) and her attorney in fact
14 Angie Milon (“Milon”) have abused their positions as de facto managers of Trad’r Sam to unlawfully
15 impose their will upon Trad’r Sam and Munguia.
16 Trad’r Sam and Munguia ask this Court to shorten time to notice their motion and order the
17 Motion for Preliminary Injunction attached hereto as Exhibit G be filed no later than 5:00 p.m. on
18 August 3, 2023. Trad’r Sam and Munguia further ask that the Court order service of the motion be
19 allowed by email, and opposition be due by Augsut 14, 2023, and reply by August 16, 2023.
20 This Application will be based on Code of Civil Procedure § 1005 and on California Rules of
21 Court, Rules 3.1200 – 3.127. This Application is made on the Memorandum of Points and Authorities,
22 the Declaration of Trevor McCann, Notice of Motion and Motion for Preliminary Injunction attached
23 hereto as Exhibit G, and upon all papers and pleadings on file herein and on such other oral and
24 documentary evidence as may be presented at the time of the hearing.
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EX PARTE APP FOR ORDER SHORTENING TIME RE MOTION FOR PRELIMINARY INJUNCTION
Fax (510) 844-5101
1 DATED: August 2, 2023 COLLINS + COLLINS LLP
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3 By: ________________________________
TREVOR B. McCANN
4 RYAN P. HARLEY
Attorneys for DEFENDANTS/CROSS-
5 COMPLAINANTS TRAD’R SAM, a California
Partnership and JOHN MUNGUIA
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1 MEMORANDUM
2 Argument
3 A. The Court is Authorized to Grant Ex Parte Relief to Shorten Time.
4 Generally, a motion to compel must be served at least 16 court days before the hearing. Code
5 Civ. Proc. § 1005(b). However, the Court may, in its discretion, shorten time required for noticed
6 motions. Id. As described in the moving papers, good cause exists and the Court may prescribe a
7 shorter time for the service of notice on Riedel and Milon in this instance.
8 B. Ex Parte Relief is Warranted Under the Circumstances
9 An applicant must make an affirmative factual showing in a declaration containing competent
10 testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory
11 basis for granting relief ex parte. California Rules of Court, rule 3.1202(c).
12 As stated in the Declaration of Trevor McCann, filed herewith, on July 31, 2023 Trad’r Sam
13 and Munguia filed a Notice of Motion and Motion for Preliminary Injunction (set the hearing for
14 August 23, 2023) and had a professional process service personally serve Milon and Riedel (through
15 her attorney George Benetatos) that afternoon. By email later that day, Benetatos claimed deficient
16 service because Riedel has not appeared in the action, despite Benetatos appearing at two hearings
17 for Riedel and engaging in meet and confer with respect to Riedel’s anticipated demurrer. On August
18 1, 2023, at about 11:15 a.m., Benetatos claimed that service on Milon was deficient because the
19 documents were given to a Trad’r Sam employee, not Milon. Though Milon appears in pro per,
20 Benetatos is performing legal services behind the scenes.
21 Benetatos has served Notices of Unavailability in two related cases for August 24 – September
22 22, 2023. Were Trad’r Sam and Munguia to have to wait until Benetatos returns to have their motion
23 heard, they would be forced to endure another month of Riedel and Milon’s misconduct and would
24 sustain further additional irreparable harm. By seeking an order shortening time, Trad’r Sam and
25 Munguia are affording Riedel the opportunity to have Benetatos oppose the Motion for Preliminary
26 Injunction, if she so desires, before he becomes unavailable.
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EX PARTE APP FOR ORDER SHORTENING TIME RE MOTION FOR PRELIMINARY INJUNCTION
Fax (510) 844-5101
1 Allowing Milon to remain as de facto manager of the partnership would be to sanction the
2 gross and irreconcilable conflicts of interest present in this matter that pit her self-interests against
3 Trad’r Sam’s interests.
4 Riedel and Milon each have a copies of the Notice or Motion and Motion for Preliminary
5 Injunction and supporting documents, so they won’t be prejudiced if this Court grants this
6 Application.
7 C. Counsel has complied with California Rules of Court, Rules 3.1203 and 3.1204.
8 Among other provisions, Cal. Rules of Court, rule 3.1203 provides as follows:
9 A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the
court day before the ex parte appearance, absent a showing of exceptional
10 circumstances that justify a shorter time for notice.
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12 California Rules of Court, rule 3.1203(a).
13 An ex parte application must be accompanied by a declaration regarding notice stating:
14 (1) The notice given, including the date, time, manner, and name of the party informed, the
15 relief sought, any response, and whether opposition is expected and that, within the
16 applicable time under rule 3.1203, the applicant informed the opposing party where and
17 when the application would be made;
18 2) That the applicant in good faith attempted to inform the opposing party but was unable to
19 do so, specifying the efforts made to inform the opposing party; or
20 (3) That, for reasons specified, the applicant should not be required to inform the opposing
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22 California Rules of Court, rule 3.1204(b).
23 As stated in the Declaration of Trevor McCann, filed herewith, counsel has duly complied
24 with the notice requirements of California Rules of Court, rule 3.1203(a) and California
25 Rules of Court, rule 3.1204(b).
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EX PARTE APP FOR ORDER SHORTENING TIME RE MOTION FOR PRELIMINARY INJUNCTION
Fax (510) 844-5101
1 Conclusion
2 Based on the foregoing, this Court should issue an order with respect to Trad’r Sam and
3 Munguia’s Notice of Motion and Motion for Preliminary Injunction attached hereto as Exhibit G.
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5 DATED: August 2, 2023 COLLINS + COLLINS LLP
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7 By: ________________________________
TREVOR B. McCANN
8 RYAN P. HARLEY
Attorneys for DEFENDANTS/CROSS-
9 COMPLAINANTS TRAD’R SAM, a California
Partnership and JOHN MUNGUIA
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1 DECLARATION OF TREVOR MCCANN
2 I, Trevor McCann, declare:
3 1. I am an attorney, duly licensed to practice before all Court of the State of California.
4 I am an associate at the law firm of Collins + Collins, LLP, attorneys of record for Defendant/Cross-
5 complainant Trad’r Sam, a California partnership (“Trad’r Sam”) and Defendant/Cross-complainant
6 John Munguia (“Munguia”) in this action. I have personal knowledge of the facts stated herein and,
7 if called upon to do so, could competently testify to them.
8 2. On June 3, 2023, attorney George Benetatos (“Benetatos”) served a Notice of
9 Unavailability in the matter styled Riedel, et al. v. Munguia, et al., SFSC Case No. CGC-20-586308
10 (the “Partnership Matter”), where he is counsel for Riedel, so I am aware that he expects to be
11 unavailable from August 24 - September 22, 2023. Attached hereto as Exhibit A is a true and correct
12 copy of Notice of unavailability.
13 3. On June 28 and 29, 2023, Benetatos appeared at hearings for Defendant/Cross-
14 defendant Dorothy Riedel (“Riedel”) in this matter. Attached hereto as Exhibit B is a true and correct
15 copy of the Register of Actions. In addition to his work for Riedel in this matter, I am informed and
16 believe that Benetatos is performing legal services for Plaintiff/Cross-defendant Angie Milon
17 (“Milon”) based on the filings that show all the hallmarks of his writing style with which I am
18 familiar.
19 4. On June 29, 2023, Munguia applied for a temporary restraining order and order to
20 show cause to restrain Milon and Riedel from managing Trad’r Sam. The Court denied Munguia’s
21 application but stated “A preliminary injunction can be requested through a regularly noticed
22 motion.” (Id.)
23 5. On July 20 and 24, 2023, Benetatos requested to meet and confer concerning Riedel’s
24 anticipated demurrer to Trad’r Sam and Munguia’s First Amended Cross-complaint. Attached hereto
25 as Exhibits C and D are true and correct copies of email threads between Benetatos and me dated July
26 20, 2023 and July 24, 2023, respectively.
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Phone (510) 844-5100
EX PARTE APP FOR ORDER SHORTENING TIME RE MOTION FOR PRELIMINARY INJUNCTION
Fax (510) 844-5101
1 6. On July 31, 2023, my office filed and served Trad’r Sam and Munguia’s Notice of
2 Motion and Motion for Preliminary Injunction and supporting documents which noticed August 23,
3 2023 as the hearing date. We set the hearing date to assure that Benetatos would be available to
4 oppose the motion before he became unavailable, if Riedel so desired.
5 7. We requested First Legal, a professional process server agency, personally serve
6 Milon and Benetatos. While instructions to First Legal identified Milon as a party appearing in pro
7 per, First Legal affected, what I understand to be, substituted service on an employee at Trad’r Sam’s
8 business location. Attached hereto as Exhibit E is a true and correct copy an email from Collins +
9 Collins, LLP to First Legal dated July 31, 2023.
10 8. On July 31, 2023, Benetatos informed me via email that he was not Riedel’s counsel
11 in this matter and stated that Riedel would have to be personally served. Attached hereto as Exhibit
12 F is a true and correct copy of an email from Benetatos dated July 31, 2023. I understand that he is
13 Riedel’s counsel based on his appearances in this matter and his active participation in meet and
14 confer communications.
15 9. On August 1, 2023, at about 11:15 a.m., during a meet and confer phone call,
16 Benetatos informed me that Trad’r Sam and Munguia’s Notice of Motion and Motion for Preliminary
17 Injunction and supporting documents were given to a bartender at Trad’r Sam’s location, not
18 personally served on Milon. I confirmed that fact with First Legal.
19 10. Neither Riedel nor Milon will be prejudiced if the Court grants Trad’r Sam and
20 Munguia’s application. Their Notice of Motion and Motion for Preliminary Injunction and supporting
21 documents will be identical to those served on July 31, 2023.
22 11. In the Partnership Matter, the Court offered hearing dates for post-trial motions for
23 September 1, 2023 or October 20, 2023. On August 1, 2023, Riedel used Benetatos’ unavailability as
24 a reason to set post-trial motions for late October. Trad’r Sam and Munguia expect Riedel would use
25 the same reason to continue their Motion for Preliminary Injunction if they regularly noticed it now
26 thus allowing Riedel and Milon to continue to abuse their positions to cause irreparable harm to Trad’r
27 Sam and Munguia.
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Phone (510) 844-5100
EX PARTE APP FOR ORDER SHORTENING TIME RE MOTION FOR PRELIMINARY INJUNCTION
Fax (510) 844-5101
1 12. Attached hereto as Exhibit G is a true and correct copy of Trad’r Sam and Munguia’s
2 Notice of Motion and Motion for Preliminary Injunction and supporting documents which will file if
3 the Court grants this Application.
4 13. Pursuant to a power of attorney signed October 12, 2020, Milon is Riedel’s attorney
5 in fact to conduct or participate in matters related to Trad’r Sam, including litigation. Attached hereto
6 as Exhibit H is true and correct copy of Riedel’s Power of Attorney, filed by Riedel in the Partnership
7 Matter.
8 14. One reason Trad’r Sam and Munguia seek to have Milon enjoined from managing
9 Trad’r Sam is an apparent conflict of interest, as she is the Plaintiff in this matter and is Riedel’s
10 attorney in fact with respect to Trad’r Sam’s business, from which Milon’s claims arise. On August
11 1, 2023, while tending to other issues among the parties, I discovered that on May 22, 2021, Benetatos
12 sued Riedel, Milon, and Trad’r Sam for breach of contract in the matter styled Benetatos v. Riedel,
13 et al., SFSC Case No. CGC-22-599800 (the “Benetatos Matter”). Neither Riedel, Milon, nor
14 Benetatos ever informed me of that lawsuit. On March 30, 2023, Benetatos filed a Notice of
15 Settlement of Entire case that indicated a ”Conditional” settlement. Attached hereto as Exhibit I is a
16 true and correct copy of Notice of Settlement. Despite the fact that his lawsuit is ongoing against
17 Trad’r Sam, he represented the partnership at trial in the Partnership Matter. Attached as Exhibit J is
18 a true and correct copy of the Register of Actions in the Benetatos Matter. As described in their
19 Motion for Preliminary Injunction, Trad’r Sam and Munguia maintain that Trad’r Sam could not, and
20 cannot, give informed consent for Benetatos’ dual representation.
21 15. On August 2, 2023, before 10:00 a.m., I notified Milon and Benetatos by email of the
22 ex parte hearing. I expect Riedel and Milon will oppose this Application. Attached hereto as Exhibit
23 K is a true and correct copy of an August 2, 2023 notice email.
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Phone (510) 844-5100
EX PARTE APP FOR ORDER SHORTENING TIME RE MOTION FOR PRELIMINARY INJUNCTION
Fax (510) 844-5101
1 I declare under penalty of perjury of the laws of the State of California that the foregoing is
2 true and correct, except as to those matters stated on information and belief, which I believe to be
3 true.
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5 DATED: August 2, 2023
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7 ________________________________
TREVOR McCANN
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EX PARTE APP FOR ORDER SHORTENING TIME RE MOTION FOR PRELIMINARY INJUNCTION
Fax (510) 844-5101
EXHIBIT “A”
EXHIBIT “B”
Case Information https://webapps.sftc.org/ci/CaseInfo.dll?CaseNum=CGC23607068&Ses...
Contact Us
Case Number: CGC23607068
Title: ANGIE MILON VS. JOHN MUNGUIA ET AL
Cause of Action: CONTRACT/WARRANTY
Generated: 2023-08-01 7:25 am
Register of Actions Parties Attorneys Calendar Payments Documents
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Register of Actions
Show 10 entries Search:
Date Proceedings Document Fee
2023-07-06 1ST AMENDED CROSS COMPLAINT (TRANSACTION ID # 210041427) FILED BY CROSS COMPLAINANT MUNGUIA, View
JOHN AS TO CROSS DEFENDANT MILON, ANGIE RIEDEL, DOROTHY
2023-06-29 EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE IS HELD.
TREVOR MCCANN, ESQ. COUNSEL FOR DEF. JOHN MUNGUIA IS PRESENT VIA ZOOM. GEORGE BENETATOS,
ESQ. COUNSEL FOR PLAINTIFF ANGIE MILON IS PRESENT IN THE COURTROOM. THE COURT MAKES SEVERAL
DISCLOSURES AND COMMENTS. PARTIES DO NOT PRESENT ORAL ARGUMENT. THE COURT DENIES THE
REQUEST FOR A TEMPORARY RESTRAINING ORDER, ORDER TO SHOW CAUSE AND REQUEST FOR A
PRELIMINARY INJUNCTION. A PRELIMINARY INJUNCTION CAN BE REQUESTED THROUGH A REGULARLY
NOTICED MOTION. NO ORDER SIGNED. JUDGE: JOSEPH M. QUINN, CLERK: M. GOODMAN, NOT REPORTED.
(302/JMK)
2023-06-28 EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE IS CONTINUED
TO JUNE 29, 2023 AT 1:30 PM BEFORE JUDGE JOSEPH QUINN. COUNSEL FOR DEF. TREVOR MCCANN IS
PRESENT IN THE COURTROOM, MR. MUNGUIA IS PRESENT IN THE COURTROOM DEF. COUNSEL GEORGE
BENETATOS IS PRESENT VIA COURT CALL. PLAINTIFF ANGIE MILON PRESENT VIA COURT CALL. JUDGE ULMER
ALLOWS PARTIES TO BE PRESENT VIA ZOOM AND IN THE COURTROOM FOR TOM. HEARING. JUDGE: RICHARD
B. ULMER JR., CLERK: M. GOODMAN, NOT REPORTED. (302/RBU)
2023-06-28 ANSWER TO COMPLAINT (TRANSACTION ID # 210040730) FILED BY DEFENDANT MUNGUIA, JOHN TRAD'R SAM, View $435.00
A CALIFORNIA PARTNERSHIP
2023-06-27 DECLARATION OF ANGIE MILON IN OPPOS. TO EX PARTE APPLICATION FOR A TRO AND OSC FILED BY View
PLAINTIFF MILON, ANGIE
2023-06-27 OPPOSITION TO EX PARTE APPLICATION FOR A TRO AND OSC FILED BY PLAINTIFF MILON, ANGIE View
2023-06-27 DEFENDANT/CROSS-COMPLAINANT JOHN MUNGUIA'S NOTICE OF EX PARTE APPLICATION AND AMENDED View $60.00
APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE; MEMORANDUM;
DECLARATIONS; PROOF OF SERVICE. (TRANSACTION ID # 210040594) FILED BY CROSS COMPLAINANT
MUNGUIA, JOHN
2023-06-26 EX PARTE APPLICATION FOR ORDER FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE, View $60.00
PROOF OF SERVICE, POINTS AND AUTHORITIES, DECLARATION (TRANSACTION ID # 210040469) FILED BY
CROSS COMPLAINANT MUNGUIA, JOHN
2023-06-26 CROSS COMPLAINT (TRANSACTION ID # 70260952) FILED BY CROSS COMPLAINANT MUNGUIA, JOHN AS TO View $435.00
CROSS DEFENDANT MILON, ANGIE RIEDEL, DOROTHY
2023-06-16 NOTICE TO PLAINTIFF View
Showing 1 to 10 of 11 entries Previous 1 2 Next
1 of 1 8/1/2023, 8:27 AM
EXHIBIT “C”
Trevor B. McCann
From: George Benetatos
Sent: Sunday, July 30, 2023 6:56 PM
To: Trevor B. McCann
Subject: Re: Munguia First Amended XC v. Riedel and Milon - Angie Milon v. John Munguia, et
al. S.F. Superior Court No. CGC-23-607068
I will call you Tuesday, August 1, 2023 about 11:00 a.m. Our agenda
includes meet and confer regarding my recent email to you setting forth
grounds for demurrer to Mr. Munguia's First Amended XC in the case
Angie Milon v. John Munguia, et al.
Cordially, George G. Benetatos
On Fri, Jul 28, 2023 at 7:37 AM Trevor B. McCann wrote:
Mr. Benetatos,
I will present your email, and your clients’ requests for extensions to respond to the FACC, to Munguia for his
consideration.
I am available to discuss your clients’ anticipated demurrers on Monday July 31, 2023. Fee free to call me any
time between 10:00 – 2:00 p.m. I can be available to discuss the matter on August 1 and 2 as well. You can
call me any time between 8:30 – 4:00 p.m. on those days.
I received Riedel’s offer to buyout Munguia. To properly consider any buyout offer, Munguia must know Trad’r
Sam’s financial condition. I have repeatedly requested a full statement about cash on hand and recently
asked Milon for a copy of her latest spreadsheet. My requests have been ignored. Your client’s have
demonstrated no good faith with respect to these topics and myriad others but consistently demand that
Munguia extend courtesies. Please provide the financial information immediately so Munguia can give due
consideration and make informed decisions in these matters.
Trevor McCann
Attorney at Law
T: 510-844-5100 | C: 925-270-7058
2175 N California Boulevard, Suite 835
Walnut Creek, CA 94596
tmccann@ccllp.law
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Pasadena 626-243-1100 - Orange 714-823-4100 – San Diego 760-274-2110
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Thank you for your cooperation.
From: George Benetatos
Sent: Wednesday, July 26, 2023 7:55 PM
To: Trevor B. McCann
Subject: Munguia First Amended XC v. Riedel and Milon - Angie Milon v. John Munguia, et al. S.F. Superior Court No.
CGC-23-607068
Mr. McCann: Mr. Munguia's Fourth Cause of Action for injunctive relief
is defective as to Riedel and Milon for the same reasons it was defective
in your recent Ex Parte Application for a TRO and OSC; Mr. Munguia's
claim in the First Amended XC is for monetary damages for which he has
an adequate remedy at law. [See cases cited in Ms. Riedel's Opposition]
Mr. Munguia's statement that "[a] damages remedy is inadequate to
vindicate Munguia's rights", is a mere assertion; all of Mr. Munguia's
damages claims can be remedied by a money damages award.
Mr. Munguia's Seventh and Eighth Causes of Action for Declaratory
Relief regarding dissociation and management rights do not include any
claim for injunctive relief. At this stage of the proceedings the
Declaratory Relief causes of action cannot serve as a basis for injunctive
relief as they are mere assertions.
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Regarding Mr. Mungiua's Breach of Contract and Breach of Fiduciary
Duties claims, I anticipate Ms. Milon she will demurrer on the ground
that an agent is not liable on a written contract made only in the name of
the principal. [Area 51 Productions v. Alameda (2018) 20 CA 5th 581,
602] The partnership agreement was made in 1988, so there can be no
element of bad faith alleged as to Ms. Milon in the formation of the
contract. Likewise, Ms. Milon owes no fiduciary duties to Mr. Munguia
based on the 1988 partnership agreement.
"Conspiracy is not an independent tort; it cannot create a duty or abrogate
an immunity. It allows tort recovery only against a party who already
owes the duty...." [Allied Equipment Corporation v. Litton Saudi Arabia
Ltd. (1994) 7 Cal 4th 503, 514] I expect Ms. Milon will assert the
foregoing in her demurrer, and Ms. Riedel likewise will assert the
foregoing; and, since Ms. Riedel cannot conspire with herself, I expect
the demurrer as to the conspiracy allegation will be sustained. Likewise
as to the aiding and abetting allegation.
Mr. McCann, I request Mr. Munguia consider suspending this litigation
and enter into discussions with Ms. Riedel to purchase his 50% interest in
the partnership.
Cordially, George G. Benetatos
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Exhibit “D”
Trevor B. McCann
From: George Benetatos
Sent: Monday, July 24, 2023 10:50 AM
To: Trevor B. McCann
Subject: Re: Riedel, et al. v Munguia And Related Cases
Thank you for your prompt reply.
Cordially, George G. Benetatos
Sent from my iPhone
> On Jul 24, 2023, at 10:13 AM, Trevor B. McCann wrote:
>
> Mr. Benetatos,
>
> Please stop sending me unnecessary emails. I don't care where you are or what you are doing and I do not need
updates about your life. You needlessly increase your clients' bills and Munguia's too.
>
> As I already stated, because I don't trust a word that comes out of your mouth, I told you to send me case law and
analysis for Riedel and Milon's demurrer that I can discuss with Munguia because you and I talk on the phone.
>
> Trevor McCann
> Attorney at Law
>
> T: 510-844-5100 | C: 925-270-7058
> F: 510-844-5101
> 2175 N California Boulevard, Suite 835 Walnut Creek, CA 94596
> tmccann@ccllp.law
>
>
>
>
https://nam10.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.ccllp.law%2F&data=05%7C01%7CTMcCann
%40ccllp.law%7Cdc2c8a7d548a467bdc9208db8c6e7375%7C07c8a3fb280149afb90402c625a30a5e%7C0%7C0%7C63825
8178240991949%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6
Mn0%3D%7C3000%7C%7C%7C&sdata=liqJOFgxkUmKbt1QUh6yWe%2FxZBsaz4bXZwYG0k42DPA%3D&reserved=0
> Pasadena 626-243-1100 - Orange 714-823-4100 – San Diego 760-274-2110
> Northern California 510-844-5100 – Inland Empire 909-581-6100 – Nevada 725-258-3110
> PLEASE NOTE: The information contained in this e-mail transmission is intended to be sent only to the stated recipient
of the e-mail. If the reader of this message is not the intended recipient or the intended recipient's agent, you are
hereby notified that we do not intend to waive any privilege that might ordinarily attach to this communication and that
any dissemination, distribution, or copying of the information contained in this e-mail is therefore prohibited. You are
further asked to notify us of any such error in transmission as soon as possible at the telephone number shown below
and to delete the e-mail. Thank you for your cooperation.
>
>
> -----Original Message-----
> From: George Benetatos
1
> Sent: Monday, July 24, 2023 9:45 AM
> To: Trevor B. McCann
> Subject: Riedel, et al. v Munguia And Related Cases
>
> Mr. McCann: I am in Susanville today and tomorrow, returning tomorrow evening to San Francisco. I will communicate
with you Wednesday or Thursday to meet and confer regarding Ms. Riedel’s demurrer to Mr. Munguia’s cross complaint
in Milon v. Munguia and Riedel.
>
> Cordially, George G. Benetatos
>
> Sent from my iPhone
2
EXHIBIT “E”
Trevor B. McCann
From: Anna M. Yogore
Sent: Monday, July 31, 2023 1:28 PM
To: SF Process
Cc: Trevor B. McCann
Subject: 23433 , Dorothy Riedel v. John Munguia - service TODAY in SF
Please serve the documents in the below link to the addresses below:
1. Notice
2. Memo
3. Declaration
4. Attny Declaration
5. Proposed Order
Download Link: Motion for Preliminary Injunction
Passcode: CC146
File Access Expires on: Aug 14th, 2023
Click on the “DOWNLOAD ALL” button in the
Instructions: link to save the files to your PC.
Angie Milon
6150 Geary Blvd.
San Francisco, CA 94121
addrmelianike@yahoo.com
Plaintiff in Pro Per
George Benetatos
LAW OFFICES OF GEORGE BENETATOS
235 Montgomery Street, Suite 600
San Francisco, CA 94104
benetatoslaw@gmail.com
Thank you!
Anna M. Yogore
Legal Assistant
T: 510-844-5100
2175 N California Boulevard, Suite 835
Walnut Creek, CA 94596
ayogore@ccllp.law
www.ccllp.law
1
Pasadena 626-243-1100 - Orange 714-823-4100 – San Diego 760-274-2110
Northern California 510-844-5100 – Inland Empire 909-581-6100 – Nevada 725-258-3110
PLEASE NOTE: The information contained in this e-mail transmission is intended to be sent only to the stated recipient of the
e-mail. If the reader of this message is not the intended recipient or the intended recipient's agent, you are hereby notified that
we do not intend to waive any privilege that might ordinarily attach to this communication and that any dissemination,
distribution, or copying of the information contained in this e-mail is therefore prohibited. You are further asked to notify us of
any such error in transmission as soon as possible at the telephone number shown below and to delete the e-mail.
Thank you for your cooperation.
2
Exhibit “F”
Trevor B. McCann
From: George Benetatos
Sent: Monday, July 31, 2023 8:51 PM
To: Trevor B. McCann
Subject: Fwd: Scanned image from BP-70C31
Attachments: GE Law Group Scanner_20230731_194231.pdf
Mr. McCann: This email concerns your Notice of Motion and Motion for
a Preliminary Injunction in the case Angie Milon v. John Munguia, et
al. Your motion is directed also to Dorothy Ruidel, apparently as a cross
defendant. I am forwarding a copy of the Register of Actions in this
case, S.F. Superior Court No. CGC-23-607068. As you can see, Ms.
Riedel has not appeared. I am not authorized to accept service on her
behalf. You will have to serve her personally. She is not going to respond
to your Motion.
Cordially, George G. Benetatos Attorney for
Dorothy Riedel
---------- Forwarded message ---------
From: GE Law Group Scanner
Date: Mon, Jul 31, 2023 at 8:45 PM
Subject: Scanned image from BP-70C31
To:
Reply to: GE Law Group Scanner
Device Name: Not Set
Device Model: BP-70C31
Location: Not Set
File Format: PDF MMR(G4)
Resolution: 200dpi x 200dpi
Attached file is scanned image in PDF format.
--
--
CONFIDENTIALITY NOTICE: This electronic mail transmission may contain legally privileged, confidential information
belonging to the sender. The information is intended only for the use of the individual or entity named above. If you are
1
not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking any action based
on the contents of this electronic mail is strictly prohibited. If you have received this electronic mail in error, please
contact sender and delete all copies.
2
Exhibit “G”
1 Trevor B. McCann (State Bar No. 243724)
Ryan P. Harley (State Bar No. 245059)
2 COLLINS + COLLINS LLP
3 2175 N California Boulevard, Suite 835
Walnut Creek, CA 94596
4 (510) 844-5100 – FAX (510) 844-5101
Email: tmccann@ccllp.law
5 Email: rharley@ccllp.law
6 Attorneys for DEFENDANTS/CROSS-COMPLAINANTS
7 TRAD’R SAM, a California Partnership and JOHN MUNGUIA
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
10 MILON, CASE NO. CGC-23-607068
11 Plaintiff, DEFENDANTS/CROSS-COMPLAINANTS
TRAD’R SAM AND JOHN MUNGUIA’S
12 vs. NOTICE OF MOTION AND MOTION FOR
13 PRELIMINARY INJUNCTION
MUNGUIA, et al.
14 Filed herewith:
Defendants, 1. MEMORANDUM
15 2. DECLARATION OF JOHN MUNGUIA
3. DECLARATION OF TREVOR MCCANN
16
17 [Proposed] ORDER lodged herewith.
18 Date: August 23, 2023
Time: 9:30 a.m.
19 Dept.: 302
20
Complaint filed: June 16, 2023
21 AND RELATED ACTION. Cross-complaint filed: June 26, 2023
Trial Date: Not Set
22
23
24
Preview
1 Trevor B. McCann (State Bar No. 243724) Ryan P. Harley (State Bar No. 245059) 2 COLLINS + COLLINS LLP 3 2175 N California Boulevard, Suite 835 ELECTRONICALLY Walnut Creek, CA 94596 FILED 4 (510) 844-5100 – FAX (510) 844-5101 Superior Court of California, County of San Francisco Email: tmccann@ccllp.law 5 Email: rharley@ccllp.law 08/02/2023 Clerk of the Court 6 BY: JUDITH NUNEZ Attorneys for DEFENDANTS/CROSS-COMPLAINANTS Deputy Clerk 7 TRAD’R SAM, a California Partnership and JOHN MUNGUIA 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 MILON, CASE NO. CGC-23-607068 11 Plaintiff, Complaint filed: June 16, 2023 FACC filed: July 6, 2023 12 vs. Trial Date: Not Set 13 MUNGUIA, et al. EX PARTE APPLICATION FOR ORDER 14 SHORTENING TIME FOR NOTICE OF MOTION Defendants, AND MOTION FOR PRELIMINARY 15 INJUNCTION; DECLARATION OF TREVOR MCCANN 16 17 [PROPOSED] ORDER lodged herewith 18 Date: August 3, 2023 AND RELATED ACTION. Time: 11:00 a.m. 19 Department: 302 Reservation No.: None Required 20 21 22 23 24 25 26 27 28 23433 2175 N California Boulevard 1 Suite 835 Walnut Creek, CA 94596 Phone (510) 844-5100 EX PARTE APP FOR ORDER SHORTENING TIME RE MOTION FOR PRELIMINARY INJUNCTION Fax (510) 844-5101 1 TO PLAINTIFF TRAD’R SAM AND PLAINTIFF/CROSS-DEFENDANT DOROTHY RIEDEL 2 AND THEIR COUNSEL OF RECORD: 3 YOU ARE HEREBY NOTIFIED THAT on the August 3, at 11:00 a.m., or as soon thereafter 4 as the matter may be heard in the Department 302 of this Court, located at 400 McAllister Street, San 5 Francisco, California, 94102, Defendant/Cross-complainant Trad’r Sam, a California partnership 6 (“Trad’r Sam”) and Defendant/Cross-complainant John Munguia (“Munguia”) will apply ex parte 7 pursuant to C.R.C. Rules 3.1200–3.1207 and Local Rule 9A, for an order shortening notice of hearing 8 on Trad’r Sam and Munguia’s Notice of Motion and Motion for Preliminary Injunction, a copy of 9 which is attached hereto as Exhibit G. 10 This Application is made on the grounds that good cause exists to shorten time and that Trad’r 11 Sam and Munguia will continue to suffer irreparable harm if they are forced to regularly notice the 12 motion. As described in the Motion for Preliminary Injunction and supporting documents attached 13 hereto as Exhibit G, Defendant/Cross-defendant Dorothy Riedel (“Riedel”) and her attorney in fact 14 Angie Milon (“Milon”) have abused their positions as de facto managers of Trad’r Sam to unlawfully 15 impose their will upon Trad’r Sam and Munguia. 16 Trad’r Sam and Munguia ask this Court to shorten time to notice their motion and order the 17 Motion for Preliminary Injunction attached hereto as Exhibit G be filed no later than 5:00 p.m. on 18 August 3, 2023. Trad’r Sam and Munguia further ask that the Court order service of the motion be 19 allowed by email, and opposition be due by Augsut 14, 2023, and reply by August 16, 2023. 20 This Application will be based on Code of Civil Procedure § 1005 and on California Rules of 21 Court, Rules 3.1200 – 3.127. This Application is made on the Memorandum of Points and Authorities, 22 the Declaration of Trevor McCann, Notice of Motion and Motion for Preliminary Injunction attached 23 hereto as Exhibit G, and upon all papers and pleadings on file herein and on such other oral and 24 documentary evidence as may be presented at the time of the hearing. 25 26 27 28 23433 2175 N California Boulevard 1 Suite 835 Walnut Creek, CA 94596 Phone (510) 844-5100 EX PARTE APP FOR ORDER SHORTENING TIME RE MOTION FOR PRELIMINARY INJUNCTION Fax (510) 844-5101 1 DATED: August 2, 2023 COLLINS + COLLINS LLP 2 3 By: ________________________________ TREVOR B. McCANN 4 RYAN P. HARLEY Attorneys for DEFENDANTS/CROSS- 5 COMPLAINANTS TRAD’R SAM, a California Partnership and JOHN MUNGUIA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23433 2175 N California Boulevard 2 Suite 835 Walnut Creek, CA 94596 Phone (510) 844-5100 EX PARTE APP FOR ORDER SHORTENING TIME RE MOTION FOR PRELIMINARY INJUNCTION Fax (510) 844-5101 1 MEMORANDUM 2 Argument 3 A. The Court is Authorized to Grant Ex Parte Relief to Shorten Time. 4 Generally, a motion to compel must be served at least 16 court days before the hearing. Code 5 Civ. Proc. § 1005(b). However, the Court may, in its discretion, shorten time required for noticed 6 motions. Id. As described in the moving papers, good cause exists and the Court may prescribe a 7 shorter time for the service of notice on Riedel and Milon in this instance. 8 B. Ex Parte Relief is Warranted Under the Circumstances 9 An applicant must make an affirmative factual showing in a declaration containing competent 10 testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory 11 basis for granting relief ex parte. California Rules of Court, rule 3.1202(c). 12 As stated in the Declaration of Trevor McCann, filed herewith, on July 31, 2023 Trad’r Sam 13 and Munguia filed a Notice of Motion and Motion for Preliminary Injunction (set the hearing for 14 August 23, 2023) and had a professional process service personally serve Milon and Riedel (through 15 her attorney George Benetatos) that afternoon. By email later that day, Benetatos claimed deficient 16 service because Riedel has not appeared in the action, despite Benetatos appearing at two hearings 17 for Riedel and engaging in meet and confer with respect to Riedel’s anticipated demurrer. On August 18 1, 2023, at about 11:15 a.m., Benetatos claimed that service on Milon was deficient because the 19 documents were given to a Trad’r Sam employee, not Milon. Though Milon appears in pro per, 20 Benetatos is performing legal services behind the scenes. 21 Benetatos has served Notices of Unavailability in two related cases for August 24 – September 22 22, 2023. Were Trad’r Sam and Munguia to have to wait until Benetatos returns to have their motion 23 heard, they would be forced to endure another month of Riedel and Milon’s misconduct and would 24 sustain further additional irreparable harm. By seeking an order shortening time, Trad’r Sam and 25 Munguia are affording Riedel the opportunity to have Benetatos oppose the Motion for Preliminary 26 Injunction, if she so desires, before he becomes unavailable. 27 28 23433 2175 N California Boulevard 3 Suite 835 Walnut Creek, CA 94596 Phone (510) 844-5100 EX PARTE APP FOR ORDER SHORTENING TIME RE MOTION FOR PRELIMINARY INJUNCTION Fax (510) 844-5101 1 Allowing Milon to remain as de facto manager of the partnership would be to sanction the 2 gross and irreconcilable conflicts of interest present in this matter that pit her self-interests against 3 Trad’r Sam’s interests. 4 Riedel and Milon each have a copies of the Notice or Motion and Motion for Preliminary 5 Injunction and supporting documents, so they won’t be prejudiced if this Court grants this 6 Application. 7 C. Counsel has complied with California Rules of Court, Rules 3.1203 and 3.1204. 8 Among other provisions, Cal. Rules of Court, rule 3.1203 provides as follows: 9 A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional 10 circumstances that justify a shorter time for notice. 11 12 California Rules of Court, rule 3.1203(a). 13 An ex parte application must be accompanied by a declaration regarding notice stating: 14 (1) The notice given, including the date, time, manner, and name of the party informed, the 15 relief sought, any response, and whether opposition is expected and that, within the 16 applicable time under rule 3.1203, the applicant informed the opposing party where and 17 when the application would be made; 18 2) That the applicant in good faith attempted to inform the opposing party but was unable to 19 do so, specifying the efforts made to inform the opposing party; or 20 (3) That, for reasons specified, the applicant should not be required to inform the opposing 21 party. 22 California Rules of Court, rule 3.1204(b). 23 As stated in the Declaration of Trevor McCann, filed herewith, counsel has duly complied 24 with the notice requirements of California Rules of Court, rule 3.1203(a) and California 25 Rules of Court, rule 3.1204(b). 26 \\\ 27 \\\ 28 \\\ 23433 2175 N California Boulevard 4 Suite 835 Walnut Creek, CA 94596 Phone (510) 844-5100 EX PARTE APP FOR ORDER SHORTENING TIME RE MOTION FOR PRELIMINARY INJUNCTION Fax (510) 844-5101 1 Conclusion 2 Based on the foregoing, this Court should issue an order with respect to Trad’r Sam and 3 Munguia’s Notice of Motion and Motion for Preliminary Injunction attached hereto as Exhibit G. 4 5 DATED: August 2, 2023 COLLINS + COLLINS LLP 6 7 By: ________________________________ TREVOR B. McCANN 8 RYAN P. HARLEY Attorneys for DEFENDANTS/CROSS- 9 COMPLAINANTS TRAD’R SAM, a California Partnership and JOHN MUNGUIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23433 2175 N California Boulevard 5 Suite 835 Walnut Creek, CA 94596 Phone (510) 844-5100 EX PARTE APP FOR ORDER SHORTENING TIME RE MOTION FOR PRELIMINARY INJUNCTION Fax (510) 844-5101 1 DECLARATION OF TREVOR MCCANN 2 I, Trevor McCann, declare: 3 1. I am an attorney, duly licensed to practice before all Court of the State of California. 4 I am an associate at the law firm of Collins + Collins, LLP, attorneys of record for Defendant/Cross- 5 complainant Trad’r Sam, a California partnership (“Trad’r Sam”) and Defendant/Cross-complainant 6 John Munguia (“Munguia”) in this action. I have personal knowledge of the facts stated herein and, 7 if called upon to do so, could competently testify to them. 8 2. On June 3, 2023, attorney George Benetatos (“Benetatos”) served a Notice of 9 Unavailability in the matter styled Riedel, et al. v. Munguia, et al., SFSC Case No. CGC-20-586308 10 (the “Partnership Matter”), where he is counsel for Riedel, so I am aware that he expects to be 11 unavailable from August 24 - September 22, 2023. Attached hereto as Exhibit A is a true and correct 12 copy of Notice of unavailability. 13 3. On June 28 and 29, 2023, Benetatos appeared at hearings for Defendant/Cross- 14 defendant Dorothy Riedel (“Riedel”) in this matter. Attached hereto as Exhibit B is a true and correct 15 copy of the Register of Actions. In addition to his work for Riedel in this matter, I am informed and 16 believe that Benetatos is performing legal services for Plaintiff/Cross-defendant Angie Milon 17 (“Milon”) based on the filings that show all the hallmarks of his writing style with which I am 18 familiar. 19 4. On June 29, 2023, Munguia applied for a temporary restraining order and order to 20 show cause to restrain Milon and Riedel from managing Trad’r Sam. The Court denied Munguia’s 21 application but stated “A preliminary injunction can be requested through a regularly noticed 22 motion.” (Id.) 23 5. On July 20 and 24, 2023, Benetatos requested to meet and confer concerning Riedel’s 24 anticipated demurrer to Trad’r Sam and Munguia’s First Amended Cross-complaint. Attached hereto 25 as Exhibits C and D are true and correct copies of email threads between Benetatos and me dated July 26 20, 2023 and July 24, 2023, respectively. 27 28 23433 2175 N California Boulevard 6 Suite 835 Walnut Creek, CA 94596 Phone (510) 844-5100 EX PARTE APP FOR ORDER SHORTENING TIME RE MOTION FOR PRELIMINARY INJUNCTION Fax (510) 844-5101 1 6. On July 31, 2023, my office filed and served Trad’r Sam and Munguia’s Notice of 2 Motion and Motion for Preliminary Injunction and supporting documents which noticed August 23, 3 2023 as the hearing date. We set the hearing date to assure that Benetatos would be available to 4 oppose the motion before he became unavailable, if Riedel so desired. 5 7. We requested First Legal, a professional process server agency, personally serve 6 Milon and Benetatos. While instructions to First Legal identified Milon as a party appearing in pro 7 per, First Legal affected, what I understand to be, substituted service on an employee at Trad’r Sam’s 8 business location. Attached hereto as Exhibit E is a true and correct copy an email from Collins + 9 Collins, LLP to First Legal dated July 31, 2023. 10 8. On July 31, 2023, Benetatos informed me via email that he was not Riedel’s counsel 11 in this matter and stated that Riedel would have to be personally served. Attached hereto as Exhibit 12 F is a true and correct copy of an email from Benetatos dated July 31, 2023. I understand that he is 13 Riedel’s counsel based on his appearances in this matter and his active participation in meet and 14 confer communications. 15 9. On August 1, 2023, at about 11:15 a.m., during a meet and confer phone call, 16 Benetatos informed me that Trad’r Sam and Munguia’s Notice of Motion and Motion for Preliminary 17 Injunction and supporting documents were given to a bartender at Trad’r Sam’s location, not 18 personally served on Milon. I confirmed that fact with First Legal. 19 10. Neither Riedel nor Milon will be prejudiced if the Court grants Trad’r Sam and 20 Munguia’s application. Their Notice of Motion and Motion for Preliminary Injunction and supporting 21 documents will be identical to those served on July 31, 2023. 22 11. In the Partnership Matter, the Court offered hearing dates for post-trial motions for 23 September 1, 2023 or October 20, 2023. On August 1, 2023, Riedel used Benetatos’ unavailability as 24 a reason to set post-trial motions for late October. Trad’r Sam and Munguia expect Riedel would use 25 the same reason to continue their Motion for Preliminary Injunction if they regularly noticed it now 26 thus allowing Riedel and Milon to continue to abuse their positions to cause irreparable harm to Trad’r 27 Sam and Munguia. 28 23433 2175 N California Boulevard 7 Suite 835 Walnut Creek, CA 94596 Phone (510) 844-5100 EX PARTE APP FOR ORDER SHORTENING TIME RE MOTION FOR PRELIMINARY INJUNCTION Fax (510) 844-5101 1 12. Attached hereto as Exhibit G is a true and correct copy of Trad’r Sam and Munguia’s 2 Notice of Motion and Motion for Preliminary Injunction and supporting documents which will file if 3 the Court grants this Application. 4 13. Pursuant to a power of attorney signed October 12, 2020, Milon is Riedel’s attorney 5 in fact to conduct or participate in matters related to Trad’r Sam, including litigation. Attached hereto 6 as Exhibit H is true and correct copy of Riedel’s Power of Attorney, filed by Riedel in the Partnership 7 Matter. 8 14. One reason Trad’r Sam and Munguia seek to have Milon enjoined from managing 9 Trad’r Sam is an apparent conflict of interest, as she is the Plaintiff in this matter and is Riedel’s 10 attorney in fact with respect to Trad’r Sam’s business, from which Milon’s claims arise. On August 11 1, 2023, while tending to other issues among the parties, I discovered that on May 22, 2021, Benetatos 12 sued Riedel, Milon, and Trad’r Sam for breach of contract in the matter styled Benetatos v. Riedel, 13 et al., SFSC Case No. CGC-22-599800 (the “Benetatos Matter”). Neither Riedel, Milon, nor 14 Benetatos ever informed me of that lawsuit. On March 30, 2023, Benetatos filed a Notice of 15 Settlement of Entire case that indicated a ”Conditional” settlement. Attached hereto as Exhibit I is a 16 true and correct copy of Notice of Settlement. Despite the fact that his lawsuit is ongoing against 17 Trad’r Sam, he represented the partnership at trial in the Partnership Matter. Attached as Exhibit J is 18 a true and correct copy of the Register of Actions in the Benetatos Matter. As described in their 19 Motion for Preliminary Injunction, Trad’r Sam and Munguia maintain that Trad’r Sam could not, and 20 cannot, give informed consent for Benetatos’ dual representation. 21 15. On August 2, 2023, before 10:00 a.m., I notified Milon and Benetatos by email of the 22 ex parte hearing. I expect Riedel and Milon will oppose this Application. Attached hereto as Exhibit 23 K is a true and correct copy of an August 2, 2023 notice email. 24 \\\ 25 \\\ 26 \\\ 27 \\\ 28 23433 2175 N California Boulevard 8 Suite 835 Walnut Creek, CA 94596 Phone (510) 844-5100 EX PARTE APP FOR ORDER SHORTENING TIME RE MOTION FOR PRELIMINARY INJUNCTION Fax (510) 844-5101 1 I declare under penalty of perjury of the laws of the State of California that the foregoing is 2 true and correct, except as to those matters stated on information and belief, which I believe to be 3 true. 4 5 DATED: August 2, 2023 6 7 ________________________________ TREVOR McCANN 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23433 2175 N California Boulevard 9 Suite 835 Walnut Creek, CA 94596 Phone (510) 844-5100 EX PARTE APP FOR ORDER SHORTENING TIME RE MOTION FOR PRELIMINARY INJUNCTION Fax (510) 844-5101 EXHIBIT “A” EXHIBIT “B” Case Information https://webapps.sftc.org/ci/CaseInfo.dll?CaseNum=CGC23607068&Ses... Contact Us Case Number: CGC23607068 Title: ANGIE MILON VS. JOHN MUNGUIA ET AL Cause of Action: CONTRACT/WARRANTY Generated: 2023-08-01 7:25 am Register of Actions Parties Attorneys Calendar Payments Documents Please Note: The "View" document links on this web page are valid until 7:35:15 am After that, please refresh your web browser. (by pressing Command +R for Mac, pressing F5 for Windows or clicking the refresh button on your web browser) Register of Actions Show 10 entries Search: Date Proceedings Document Fee 2023-07-06 1ST AMENDED CROSS COMPLAINT (TRANSACTION ID # 210041427) FILED BY CROSS COMPLAINANT MUNGUIA, View JOHN AS TO CROSS DEFENDANT MILON, ANGIE RIEDEL, DOROTHY 2023-06-29 EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE IS HELD. TREVOR MCCANN, ESQ. COUNSEL FOR DEF. JOHN MUNGUIA IS PRESENT VIA ZOOM. GEORGE BENETATOS, ESQ. COUNSEL FOR PLAINTIFF ANGIE MILON IS PRESENT IN THE COURTROOM. THE COURT MAKES SEVERAL DISCLOSURES AND COMMENTS. PARTIES DO NOT PRESENT ORAL ARGUMENT. THE COURT DENIES THE REQUEST FOR A TEMPORARY RESTRAINING ORDER, ORDER TO SHOW CAUSE AND REQUEST FOR A PRELIMINARY INJUNCTION. A PRELIMINARY INJUNCTION CAN BE REQUESTED THROUGH A REGULARLY NOTICED MOTION. NO ORDER SIGNED. JUDGE: JOSEPH M. QUINN, CLERK: M. GOODMAN, NOT REPORTED. (302/JMK) 2023-06-28 EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE IS CONTINUED TO JUNE 29, 2023 AT 1:30 PM BEFORE JUDGE JOSEPH QUINN. COUNSEL FOR DEF. TREVOR MCCANN IS PRESENT IN THE COURTROOM, MR. MUNGUIA IS PRESENT IN THE COURTROOM DEF. COUNSEL GEORGE BENETATOS IS PRESENT VIA COURT CALL. PLAINTIFF ANGIE MILON PRESENT VIA COURT CALL. JUDGE ULMER ALLOWS PARTIES TO BE PRESENT VIA ZOOM AND IN THE COURTROOM FOR TOM. HEARING. JUDGE: RICHARD B. ULMER JR., CLERK: M. GOODMAN, NOT REPORTED. (302/RBU) 2023-06-28 ANSWER TO COMPLAINT (TRANSACTION ID # 210040730) FILED BY DEFENDANT MUNGUIA, JOHN TRAD'R SAM, View $435.00 A CALIFORNIA PARTNERSHIP 2023-06-27 DECLARATION OF ANGIE MILON IN OPPOS. TO EX PARTE APPLICATION FOR A TRO AND OSC FILED BY View PLAINTIFF MILON, ANGIE 2023-06-27 OPPOSITION TO EX PARTE APPLICATION FOR A TRO AND OSC FILED BY PLAINTIFF MILON, ANGIE View 2023-06-27 DEFENDANT/CROSS-COMPLAINANT JOHN MUNGUIA'S NOTICE OF EX PARTE APPLICATION AND AMENDED View $60.00 APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE; MEMORANDUM; DECLARATIONS; PROOF OF SERVICE. (TRANSACTION ID # 210040594) FILED BY CROSS COMPLAINANT MUNGUIA, JOHN 2023-06-26 EX PARTE APPLICATION FOR ORDER FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE, View $60.00 PROOF OF SERVICE, POINTS AND AUTHORITIES, DECLARATION (TRANSACTION ID # 210040469) FILED BY CROSS COMPLAINANT MUNGUIA, JOHN 2023-06-26 CROSS COMPLAINT (TRANSACTION ID # 70260952) FILED BY CROSS COMPLAINANT MUNGUIA, JOHN AS TO View $435.00 CROSS DEFENDANT MILON, ANGIE RIEDEL, DOROTHY 2023-06-16 NOTICE TO PLAINTIFF View Showing 1 to 10 of 11 entries Previous 1 2 Next 1 of 1 8/1/2023, 8:27 AM EXHIBIT “C” Trevor B. McCann From: George Benetatos Sent: Sunday, July 30, 2023 6:56 PM To: Trevor B. McCann Subject: Re: Munguia First Amended XC v. Riedel and Milon - Angie Milon v. John Munguia, et al. S.F. Superior Court No. CGC-23-607068 I will call you Tuesday, August 1, 2023 about 11:00 a.m. Our agenda includes meet and confer regarding my recent email to you setting forth grounds for demurrer to Mr. Munguia's First Amended XC in the case Angie Milon v. John Munguia, et al. Cordially, George G. Benetatos On Fri, Jul 28, 2023 at 7:37 AM Trevor B. McCann wrote: Mr. Benetatos, I will present your email, and your clients’ requests for extensions to respond to the FACC, to Munguia for his consideration. I am available to discuss your clients’ anticipated demurrers on Monday July 31, 2023. Fee free to call me any time between 10:00 – 2:00 p.m. I can be available to discuss the matter on August 1 and 2 as well. You can call me any time between 8:30 – 4:00 p.m. on those days. I received Riedel’s offer to buyout Munguia. To properly consider any buyout offer, Munguia must know Trad’r Sam’s financial condition. I have repeatedly requested a full statement about cash on hand and recently asked Milon for a copy of her latest spreadsheet. My requests have been ignored. Your client’s have demonstrated no good faith with respect to these topics and myriad others but consistently demand that Munguia extend courtesies. Please provide the financial information immediately so Munguia can give due consideration and make informed decisions in these matters. Trevor McCann Attorney at Law T: 510-844-5100 | C: 925-270-7058 2175 N California Boulevard, Suite 835 Walnut Creek, CA 94596 tmccann@ccllp.law 1 www.ccllp.law Pasadena 626-243-1100 - Orange 714-823-4100 – San Diego 760-274-2110 Northern California 510-844-5100 – Inland Empire 909-581-6100 – Nevada 725-258-3110 PLEASE NOTE: The information contained in this e-mail transmission is intended to be sent only to the stated recipient of the e-mail. If the reader of this message is not the intended recipient or the intended recipient's agent, you are hereby notified that we do not intend to waive any privilege that might ordinarily attach to this communication and that any dissemination, distribution, or copying of the information contained in this e-mail is therefore prohibited. You are further asked to notify us of any such error in transmission as soon as possible at the telephone number shown below and to delete the e-mail. Thank you for your cooperation. From: George Benetatos Sent: Wednesday, July 26, 2023 7:55 PM To: Trevor B. McCann Subject: Munguia First Amended XC v. Riedel and Milon - Angie Milon v. John Munguia, et al. S.F. Superior Court No. CGC-23-607068 Mr. McCann: Mr. Munguia's Fourth Cause of Action for injunctive relief is defective as to Riedel and Milon for the same reasons it was defective in your recent Ex Parte Application for a TRO and OSC; Mr. Munguia's claim in the First Amended XC is for monetary damages for which he has an adequate remedy at law. [See cases cited in Ms. Riedel's Opposition] Mr. Munguia's statement that "[a] damages remedy is inadequate to vindicate Munguia's rights", is a mere assertion; all of Mr. Munguia's damages claims can be remedied by a money damages award. Mr. Munguia's Seventh and Eighth Causes of Action for Declaratory Relief regarding dissociation and management rights do not include any claim for injunctive relief. At this stage of the proceedings the Declaratory Relief causes of action cannot serve as a basis for injunctive relief as they are mere assertions. 2 Regarding Mr. Mungiua's Breach of Contract and Breach of Fiduciary Duties claims, I anticipate Ms. Milon she will demurrer on the ground that an agent is not liable on a written contract made only in the name of the principal. [Area 51 Productions v. Alameda (2018) 20 CA 5th 581, 602] The partnership agreement was made in 1988, so there can be no element of bad faith alleged as to Ms. Milon in the formation of the contract. Likewise, Ms. Milon owes no fiduciary duties to Mr. Munguia based on the 1988 partnership agreement. "Conspiracy is not an independent tort; it cannot create a duty or abrogate an immunity. It allows tort recovery only against a party who already owes the duty...." [Allied Equipment Corporation v. Litton Saudi Arabia Ltd. (1994) 7 Cal 4th 503, 514] I expect Ms. Milon will assert the foregoing in her demurrer, and Ms. Riedel likewise will assert the foregoing; and, since Ms. Riedel cannot conspire with herself, I expect the demurrer as to the conspiracy allegation will be sustained. Likewise as to the aiding and abetting allegation. Mr. McCann, I request Mr. Munguia consider suspending this litigation and enter into discussions with Ms. Riedel to purchase his 50% interest in the partnership. Cordially, George G. Benetatos 3 -- -- CONFIDENTIALITY NOTICE: This electronic mail transmission may contain legally privileged, confidential information belonging to the sender. The information is intended only for the use of the individual or entity named above. If you 4 are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking any action based on the contents of this electronic mail is strictly prohibited. If you have received this electronic mail in error, please contact sender and delete all copies. -- -- CONFIDENTIALITY NOTICE: This electronic mail transmission may contain legally privileged, confidential information belonging to the sender. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking any action based on the contents of this electronic mail is strictly prohibited. If you have received this electronic mail in error, please contact sender and delete all copies. 5 Exhibit “D” Trevor B. McCann From: George Benetatos Sent: Monday, July 24, 2023 10:50 AM To: Trevor B. McCann Subject: Re: Riedel, et al. v Munguia And Related Cases Thank you for your prompt reply. Cordially, George G. Benetatos Sent from my iPhone > On Jul 24, 2023, at 10:13 AM, Trevor B. McCann wrote: > > Mr. Benetatos, > > Please stop sending me unnecessary emails. I don't care where you are or what you are doing and I do not need updates about your life. You needlessly increase your clients' bills and Munguia's too. > > As I already stated, because I don't trust a word that comes out of your mouth, I told you to send me case law and analysis for Riedel and Milon's demurrer that I can discuss with Munguia because you and I talk on the phone. > > Trevor McCann > Attorney at Law > > T: 510-844-5100 | C: 925-270-7058 > F: 510-844-5101 > 2175 N California Boulevard, Suite 835 Walnut Creek, CA 94596 > tmccann@ccllp.law > > > > https://nam10.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.ccllp.law%2F&data=05%7C01%7CTMcCann %40ccllp.law%7Cdc2c8a7d548a467bdc9208db8c6e7375%7C07c8a3fb280149afb90402c625a30a5e%7C0%7C0%7C63825 8178240991949%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6 Mn0%3D%7C3000%7C%7C%7C&sdata=liqJOFgxkUmKbt1QUh6yWe%2FxZBsaz4bXZwYG0k42DPA%3D&reserved=0 > Pasadena 626-243-1100 - Orange 714-823-4100 – San Diego 760-274-2110 > Northern California 510-844-5100 – Inland Empire 909-581-6100 – Nevada 725-258-3110 > PLEASE NOTE: The information contained in this e-mail transmission is intended to be sent only to the stated recipient of the e-mail. If the reader of this message is not the intended recipient or the intended recipient's agent, you are hereby notified that we do not intend to waive any privilege that might ordinarily attach to this communication and that any dissemination, distribution, or copying of the information contained in this e-mail is therefore prohibited. You are further asked to notify us of any such error in transmission as soon as possible at the telephone number shown below and to delete the e-mail. Thank you for your cooperation. > > > -----Original Message----- > From: George Benetatos 1 > Sent: Monday, July 24, 2023 9:45 AM > To: Trevor B. McCann > Subject: Riedel, et al. v Munguia And Related Cases > > Mr. McCann: I am in Susanville today and tomorrow, returning tomorrow evening to San Francisco. I will communicate with you Wednesday or Thursday to meet and confer regarding Ms. Riedel’s demurrer to Mr. Munguia’s cross complaint in Milon v. Munguia and Riedel. > > Cordially, George G. Benetatos > > Sent from my iPhone 2 EXHIBIT “E” Trevor B. McCann From: Anna M. Yogore Sent: Monday, July 31, 2023 1:28 PM To: SF Process Cc: Trevor B. McCann Subject: 23433 , Dorothy Riedel v. John Munguia - service TODAY in SF Please serve the documents in the below link to the addresses below: 1. Notice 2. Memo 3. Declaration 4. Attny Declaration 5. Proposed Order Download Link: Motion for Preliminary Injunction Passcode: CC146 File Access Expires on: Aug 14th, 2023 Click on the “DOWNLOAD ALL” button in the Instructions: link to save the files to your PC. Angie Milon 6150 Geary Blvd. San Francisco, CA 94121 addrmelianike@yahoo.com Plaintiff in Pro Per George Benetatos LAW OFFICES OF GEORGE BENETATOS 235 Montgomery Street, Suite 600 San Francisco, CA 94104 benetatoslaw@gmail.com Thank you! Anna M. Yogore Legal Assistant T: 510-844-5100 2175 N California Boulevard, Suite 835 Walnut Creek, CA 94596 ayogore@ccllp.law www.ccllp.law 1 Pasadena 626-243-1100 - Orange 714-823-4100 – San Diego 760-274-2110 Northern California 510-844-5100 – Inland Empire 909-581-6100 – Nevada 725-258-3110 PLEASE NOTE: The information contained in this e-mail transmission is intended to be sent only to the stated recipient of the e-mail. If the reader of this message is not the intended recipient or the intended recipient's agent, you are hereby notified that we do not intend to waive any privilege that might ordinarily attach to this communication and that any dissemination, distribution, or copying of the information contained in this e-mail is therefore prohibited. You are further asked to notify us of any such error in transmission as soon as possible at the telephone number shown below and to delete the e-mail. Thank you for your cooperation. 2 Exhibit “F” Trevor B. McCann From: George Benetatos Sent: Monday, July 31, 2023 8:51 PM To: Trevor B. McCann Subject: Fwd: Scanned image from BP-70C31 Attachments: GE Law Group Scanner_20230731_194231.pdf Mr. McCann: This email concerns your Notice of Motion and Motion for a Preliminary Injunction in the case Angie Milon v. John Munguia, et al. Your motion is directed also to Dorothy Ruidel, apparently as a cross defendant. I am forwarding a copy of the Register of Actions in this case, S.F. Superior Court No. CGC-23-607068. As you can see, Ms. Riedel has not appeared. I am not authorized to accept service on her behalf. You will have to serve her personally. She is not going to respond to your Motion. Cordially, George G. Benetatos Attorney for Dorothy Riedel ---------- Forwarded message --------- From: GE Law Group Scanner Date: Mon, Jul 31, 2023 at 8:45 PM Subject: Scanned image from BP-70C31 To: Reply to: GE Law Group Scanner Device Name: Not Set Device Model: BP-70C31 Location: Not Set File Format: PDF MMR(G4) Resolution: 200dpi x 200dpi Attached file is scanned image in PDF format. -- -- CONFIDENTIALITY NOTICE: This electronic mail transmission may contain legally privileged, confidential information belonging to the sender. The information is intended only for the use of the individual or entity named above. If you are 1 not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking any action based on the contents of this electronic mail is strictly prohibited. If you have received this electronic mail in error, please contact sender and delete all copies. 2 Exhibit “G” 1 Trevor B. McCann (State Bar No. 243724) Ryan P. Harley (State Bar No. 245059) 2 COLLINS + COLLINS LLP 3 2175 N California Boulevard, Suite 835 Walnut Creek, CA 94596 4 (510) 844-5100 – FAX (510) 844-5101 Email: tmccann@ccllp.law 5 Email: rharley@ccllp.law 6 Attorneys for DEFENDANTS/CROSS-COMPLAINANTS 7 TRAD’R SAM, a California Partnership and JOHN MUNGUIA 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 MILON, CASE NO. CGC-23-607068 11 Plaintiff, DEFENDANTS/CROSS-COMPLAINANTS TRAD’R SAM AND JOHN MUNGUIA’S 12 vs. NOTICE OF MOTION AND MOTION FOR 13 PRELIMINARY INJUNCTION MUNGUIA, et al. 14 Filed herewith: Defendants, 1. MEMORANDUM 15 2. DECLARATION OF JOHN MUNGUIA 3. DECLARATION OF TREVOR MCCANN 16 17 [Proposed] ORDER lodged herewith. 18 Date: August 23, 2023 Time: 9:30 a.m. 19 Dept.: 302 20 Complaint filed: June 16, 2023 21 AND RELATED ACTION. Cross-complaint filed: June 26, 2023 Trial Date: Not Set 22 23 24