Preview
1 Trevor B. McCann (State Bar No. 243724)
Ryan P. Harley (State Bar No. 245059)
2 COLLINS + COLLINS LLP
2175 N California Boulevard, Suite 835 ELECTRONICALLY
3
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 07/31/2023
Clerk of the Court
BY: SANDRA SCHIRO
6 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, 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
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17 [Proposed] ORDER lodged herewith.
18 Date: August 23, 2023
Time: 9:30 a.m.
19 Dept.: 302
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Complaint filed: June 16, 2023
21 AND RELATED ACTION. Cross-complaint filed: June 26, 2023
Trial Date: Not Set
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23433
2175 N California Boulevard
Suite 835
Walnut Creek, CA 94596
Phone (510) 844-5100
NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION
Fax (510) 844-5101
1 TO THE CLERK OF THE COURT, THE PARTIES AND THEIR ATTORNEYS:
2 PLEASE TAKE NOTICE that on August 23, 2023 at 9:30 a.m., or as soon thereafter as the
3 matter may be heard in Department 302 of the above-entitled court, located at 400 McAllister Street,
4 San Francisco, California, Defendant/Cross-complainant Trad’r Sam, a California Partnership
5 (“Trad’r Sam”) and John Munguia (“Munguia”) will and hereby do move for a preliminary injunction
6 to enjoin Defendant/Cross-defendant Dorothy Riedel (“Riedel”), Riedel and each of her agents,
7 servants, employees, successors, and assigns and all persons in active concert with them, including
8 her attorney in fact Angie Milon, from exercising any control or management authority, either under
9 statute or contract, over Trad’r Sam and the bar that it owns and operates in San Francisco, California.
10 This motion will be based on this Notice, the accompanying Memorandum of Points and
11 Authorities, supporting Declarations and other evidence, and such evidence as may be submitted in
12 opposition to this motion or for consideration at the hearing.
13 This Order is necessary because Riedel (and Milon) were already found to have breached their
14 fiduciary duties owed to Munguia for the period September 2016 – December 2022, yet they have
15 continued to engage in the very same misconduct during the period January 2023 – present. Riedel
16 and Milon can’t dispute the plain facts demonstrated in declarations and documents. Riedel and Milon
17 have engaged in a scheme to freeze out Munguia to force him to sell his partnership interest while
18 simultaneously doing their best to devalue the partnership by failing and refusing to pay rent. Unless
19 this Court exercises its power to enjoin Riedel and Milon, their misconduct will continue unabated.
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21 DATED: July 31, 2023 COLLINS + COLLINS LLP
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By: ________________________________
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TREVOR B. McCANN
24 RYAN P. HARLEY
Attorneys for DEFENDANTS/CROSS-
25 COMPLAINANTS TRAD’R SAM, a California
Partnership and JOHN MUNGUIA
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23433
2175 N California Boulevard 1
Suite 835
Walnut Creek, CA 94596
Phone (510) 844-5100
NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION
Fax (510) 844-5101
1
PROOF OF SERVICE
2 (CCP §§ 1013(a) and 2015.5; FRCP 5)
State of California, )
) ss.
3 County of Los Angeles. )
4 I am employed in the County of Los Angeles. I am over the age of 18 and not a party to the within action. My business address
is 790 E. Colorado Boulevard, Suite 600, Pasadena, CA 91101.
5
On this date, I served the foregoing document described as DEFENDANTS/CROSS-COMPLAINANTS TRAD’R SAM AND
JOHN MUNGUIA’S NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION on the interested parties in this
6 action by placing same in a sealed envelope, addressed as follows:
7 SEE ATTACHED SERVICE LIST
8 (BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Pasadena, California
to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of collection and
processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with
9 postage thereon fully prepaid at Pasadena, California in the ordinary course of business. I am aware that on motion of the party served,
service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in
10 affidavit.
11 (BY CERTIFIED MAIL) – I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Return Receipt Requested
to be placed in the United States Mail in Pasadena, California.
12 FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with
delivery fees provided for.
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(BY ELECTRONIC FILING AND/OR SERVICE) – I served a true copy, with all exhibits, electronically on designated recipients
14 listed on the attached service list.
(ELECTRONIC SERVICE PER CODE CIV. PROC., § 1010.6) – By prior consent or request or as required by rules of court
15 (Code Civ. Proc., § 1010.6 (amended Jan. 1, 2021); Code Civ. Proc., § 1013(g); Cal. Rules of Court, rule 2.251(a)).
16 (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s).
17 Executed on July 31, 2023 at Pasadena, California.
(STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
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(FEDERAL) - I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.
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ayogore@ccllp.law
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23433
2175 N California Boulevard 2
Suite 835
Walnut Creek, CA 94596
Phone (510) 844-5100
NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION
Fax (510) 844-5101
1 MILON v. MUNGUIA
San Francisco County Superior Court Case Number: CGC-23-607068
2 CCLLP File Number: 23433
3 SERVICE LIST
4
Angie Milon George Benetatos
5 6150 Geary Blvd. LAW OFFICES OF GEORGE BENETATOS
San Francisco, CA 94121 235 Montgomery Street, Suite 600
addrmelianike@yahoo.com San Francisco, CA 94104
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Plaintiff in Pro Per benetatoslaw@gmail.com
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23433
2175 N California Boulevard 3
Suite 835
Walnut Creek, CA 94596
Phone (510) 844-5100
NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION
Fax (510) 844-5101
Preview
1 Trevor B. McCann (State Bar No. 243724) Ryan P. Harley (State Bar No. 245059) 2 COLLINS + COLLINS LLP 2175 N California Boulevard, Suite 835 ELECTRONICALLY 3 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 07/31/2023 Clerk of the Court BY: SANDRA SCHIRO 6 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, 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 25 26 27 28 23433 2175 N California Boulevard Suite 835 Walnut Creek, CA 94596 Phone (510) 844-5100 NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION Fax (510) 844-5101 1 TO THE CLERK OF THE COURT, THE PARTIES AND THEIR ATTORNEYS: 2 PLEASE TAKE NOTICE that on August 23, 2023 at 9:30 a.m., or as soon thereafter as the 3 matter may be heard in Department 302 of the above-entitled court, located at 400 McAllister Street, 4 San Francisco, California, Defendant/Cross-complainant Trad’r Sam, a California Partnership 5 (“Trad’r Sam”) and John Munguia (“Munguia”) will and hereby do move for a preliminary injunction 6 to enjoin Defendant/Cross-defendant Dorothy Riedel (“Riedel”), Riedel and each of her agents, 7 servants, employees, successors, and assigns and all persons in active concert with them, including 8 her attorney in fact Angie Milon, from exercising any control or management authority, either under 9 statute or contract, over Trad’r Sam and the bar that it owns and operates in San Francisco, California. 10 This motion will be based on this Notice, the accompanying Memorandum of Points and 11 Authorities, supporting Declarations and other evidence, and such evidence as may be submitted in 12 opposition to this motion or for consideration at the hearing. 13 This Order is necessary because Riedel (and Milon) were already found to have breached their 14 fiduciary duties owed to Munguia for the period September 2016 – December 2022, yet they have 15 continued to engage in the very same misconduct during the period January 2023 – present. Riedel 16 and Milon can’t dispute the plain facts demonstrated in declarations and documents. Riedel and Milon 17 have engaged in a scheme to freeze out Munguia to force him to sell his partnership interest while 18 simultaneously doing their best to devalue the partnership by failing and refusing to pay rent. Unless 19 this Court exercises its power to enjoin Riedel and Milon, their misconduct will continue unabated. 20 21 DATED: July 31, 2023 COLLINS + COLLINS LLP 22 By: ________________________________ 23 TREVOR B. McCANN 24 RYAN P. HARLEY Attorneys for DEFENDANTS/CROSS- 25 COMPLAINANTS TRAD’R SAM, a California Partnership and JOHN MUNGUIA 26 27 28 23433 2175 N California Boulevard 1 Suite 835 Walnut Creek, CA 94596 Phone (510) 844-5100 NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION Fax (510) 844-5101 1 PROOF OF SERVICE 2 (CCP §§ 1013(a) and 2015.5; FRCP 5) State of California, ) ) ss. 3 County of Los Angeles. ) 4 I am employed in the County of Los Angeles. I am over the age of 18 and not a party to the within action. My business address is 790 E. Colorado Boulevard, Suite 600, Pasadena, CA 91101. 5 On this date, I served the foregoing document described as DEFENDANTS/CROSS-COMPLAINANTS TRAD’R SAM AND JOHN MUNGUIA’S NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION on the interested parties in this 6 action by placing same in a sealed envelope, addressed as follows: 7 SEE ATTACHED SERVICE LIST 8 (BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Pasadena, California to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with 9 postage thereon fully prepaid at Pasadena, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in 10 affidavit. 11 (BY CERTIFIED MAIL) – I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Return Receipt Requested to be placed in the United States Mail in Pasadena, California. 12 FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with delivery fees provided for. 13 (BY ELECTRONIC FILING AND/OR SERVICE) – I served a true copy, with all exhibits, electronically on designated recipients 14 listed on the attached service list. (ELECTRONIC SERVICE PER CODE CIV. PROC., § 1010.6) – By prior consent or request or as required by rules of court 15 (Code Civ. Proc., § 1010.6 (amended Jan. 1, 2021); Code Civ. Proc., § 1013(g); Cal. Rules of Court, rule 2.251(a)). 16 (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s). 17 Executed on July 31, 2023 at Pasadena, California. (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 18 (FEDERAL) - I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. 19 20 ayogore@ccllp.law 21 22 23 24 25 26 27 28 23433 2175 N California Boulevard 2 Suite 835 Walnut Creek, CA 94596 Phone (510) 844-5100 NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION Fax (510) 844-5101 1 MILON v. MUNGUIA San Francisco County Superior Court Case Number: CGC-23-607068 2 CCLLP File Number: 23433 3 SERVICE LIST 4 Angie Milon George Benetatos 5 6150 Geary Blvd. LAW OFFICES OF GEORGE BENETATOS San Francisco, CA 94121 235 Montgomery Street, Suite 600 addrmelianike@yahoo.com San Francisco, CA 94104 6 Plaintiff in Pro Per benetatoslaw@gmail.com 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 3 Suite 835 Walnut Creek, CA 94596 Phone (510) 844-5100 NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION Fax (510) 844-5101