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Marshall E. Bluestone, Esq. (SBN 151632)
BLUESTONE FAIRCLOTH & OLSON, LLP
1825 4'" Street
Santa Rosa, CA 95404
Telephone: 707-526-4250
Facsimile: 707-526-0347
marshall bfolegal.corn
Attorneys for The Duggan Family Limited Partnership,
a California Limited Partnership
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SONOMA
10 SEAN DUGGAN, an individual, on his own Case No. SCV-268905
behalf and derivatively on behalf of the Duggan
11 Family Limited Partnership; DEFENDANT THE DUGGAN FAMILY
LIMITED PARTNERSHIP'S VERIFIED
12 ANSWER TO SECOND AMENDED
Plaintiffs,
COMPLAINT
13
V.
14 [UNLIMITED CIVIL]
LYNN DUGGAN, an individual; and DOES I
15 through 25, inclusive, ASSIGNED FOR ALL PURPOSES:
16 Judge: Bradford DeMeo
Defendants,
Dept.: 17
17
"and-
18
THE DUGGAN FAMILY LIMITED
19 PARTNERSHIP, a California Limited
Partnership, KELLY MOFFAT, an individual,
20
21 Nominal Defendants.
22
The Duggan Family Limited Partnership ("DFLP"), a nominal defendant, by and through its
23
undersigned counsel, responds to Plaintiffs'perative Second Amended Complaint as follows:
24
25 The Derivative Complaint names DFLP solely as a nominal defendant with respect to claims that
26 Plaintiffs purport to assert derivatively against other defendants. No claims are asserted against DFLP,
27
28
SCV-200005: ANSWER TO SECOND AMENDED COMPLAINT
Oocuaign Envelope IO: 31675063-840F-4224-95EA-445026625506
I and no relief is sought from DFLP. Accordingly, no response is required as to any allegations ol'the
Derivative Complaint directed to it. To the estent a response is deemed required as to any such
3
allegations, DFLP incorporates by rcli:rence Defendant Lynn Duggan's vcrificd answer to the Second
4
Amended Complaint, including thc allirmativc defenses, submits itself to the jurisdiction ol'the court lor
5
a proper adjudication of the claims purported to be set forth in the Second Amended Complaint, and
6
reserves all its rights 1vith respect to thc allegations of the Second Amcndcd Complaint.
Wl-IEREFORE DI. LP deinands judgment in its favor, costs incurred in this matter, attorneys''ees
9
as may be awarded by the Court and for such relief as the Court deems proper.
IO
DA1ED: BLUESTONEf AIRC
II
l2 B,: 4
MaghallIE. Bluestone, Attorney for The
l3 Dtt[&gan amily Limited Partnership
I
14
VERIFICATION
I5
STATE OF HAWAII, COUNTY OF MAUI
17
Iam a Gcncral Partner of the Duggan Family Limited Partnership, a nominal
Defendant in the above-captioned matter and I make this veri lication on behalf of
Duggan Family Limited Partnership. I am familiar with thc contents of the
l9 foregoing DEFENDANT THE DUGGAN FAMILY LIMITED
PARTNERSHIP'S VERIFIED ANSWER TO THE VERIFIED SECOND
7Q
AMENDED COMPLAINT. The information supplied therein is based on my
own personal knowledge and/or has been supplied by my attorneys or other
7I agents and is therel'ore provided as required by law. 1'hc inl'ormation contained in
the foregoing document is true. except as to thc matters vvhich 1vere provided by
72
my attorneys or other agents, and, as to those matters, I am informed and believe
that they are true.
73
74 declare under penalty of perjury under the latvs of the State ol'Calil'omia, that the foregoing
I is
true and correct.
75
9/6/2023
Executed on at Lahaina, Hawaii.
27
Lyntt Dttggatj. General Partner ot the DFLP
2 II
!iCv-268905: ANSWER 'I 0 SECOND Ahql NDED CONlpl.Alar
CERTIFICATE OF SERVICE
I am employed in Sonoma County, California. I am over the age of 18 years and not a party
to the within action. My business address is 1825 4'" Street, Santa Rosa, CA 95404. On September
7, 2023, I served the following document(s):
DEFENDANTS DUGGAN FAMILY LIMITED PARTNERSHIP'S VERIFIED ANSI'ER
TO SECOJVD AMENDED COMPLAINT
by placing a true copy thereof enclosed is a sealed envelope and/or served in the manner
described below and addressed to:
Attornev for Plaintiff Sean Duaaan: Attornev for Kellv Moffat:
Lisa C. McCurdy, Esq. Michael Shklovsky, Esq.
Joy Chen, Esq. 50 Old Courthouse Square, 5'" Fl.
Greenberg Traurig Santa Rosa, CA 95404
1840 Century Park East, Suite 1900 (707) 545-4910 (main)
Los Angeles, CA 90067-2121 (707) 522-8223 (direct)
Tel: 310-586-6512 (707) 544-0260 (fax)
Fax: 310-586-7800 MShklovskv&aandersonzeialer.corn
mccurdvl&a.atlaw.corn
cheniovAn.etlaw.corn
Attornev for Lvnn Duaaan:
Anne Frassetto Olsen
NOLAND, HAMERLY, ETIENNE &
HOSS
A Professional Corporation
333 Salinas Street
P.O. Box 2510
Salinas, CA 93902
(831) 424-1414 ext. 210
(831) 424-1975 (fax)
aolsen@nheh.corn
BY U.S. MAIL: I caused such envelope to be deposited in the mail by placing the
envelope for collection and mailing following our ordinary business practices. I am
readily familiar with this business'ractice for collecting and processing correspondence
for mailing. On the same day that correspondence is placed for collection and mailing, it
is deposited in the ordinary course of business with the United States Postal Service in a
sealed envelope with postage fully prepaid. The name and address of each person/firm to
whom I mailed the documents is listed above.
BY HAND DELIVERY: I caused such envelope to be delivered by hand to the
addressee(s) designated above.
BY OVERNIGHT COURIER SERVICE: I caused such envelope to be delivered via
overnight courier services to the addressee(s) designated above.
CERTIFICATE OF SERVICE
BY FACSIMILE: I caused said document(s) to be transmitted to the facsimile number(s)
of the addressee(s) designated.
XX BY E-MAIL: I transmitted electronically the listed documents(s) to the e-mail
address(es) of the addressee(s) set forth above.
Ideclare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. September 7, 2023, at Santa Rosa, California.
/~ /~re
M6rgan Vendrick
CERTIFICATE OF SERVICE
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Marshall E. Bluestone, Esq. (SBN 151632) BLUESTONE FAIRCLOTH & OLSON, LLP 1825 4'" Street Santa Rosa, CA 95404 Telephone: 707-526-4250 Facsimile: 707-526-0347 marshall bfolegal.corn Attorneys for The Duggan Family Limited Partnership, a California Limited Partnership SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SONOMA 10 SEAN DUGGAN, an individual, on his own Case No. SCV-268905 behalf and derivatively on behalf of the Duggan 11 Family Limited Partnership; DEFENDANT THE DUGGAN FAMILY LIMITED PARTNERSHIP'S VERIFIED 12 ANSWER TO SECOND AMENDED Plaintiffs, COMPLAINT 13 V. 14 [UNLIMITED CIVIL] LYNN DUGGAN, an individual; and DOES I 15 through 25, inclusive, ASSIGNED FOR ALL PURPOSES: 16 Judge: Bradford DeMeo Defendants, Dept.: 17 17 "and- 18 THE DUGGAN FAMILY LIMITED 19 PARTNERSHIP, a California Limited Partnership, KELLY MOFFAT, an individual, 20 21 Nominal Defendants. 22 The Duggan Family Limited Partnership ("DFLP"), a nominal defendant, by and through its 23 undersigned counsel, responds to Plaintiffs'perative Second Amended Complaint as follows: 24 25 The Derivative Complaint names DFLP solely as a nominal defendant with respect to claims that 26 Plaintiffs purport to assert derivatively against other defendants. No claims are asserted against DFLP, 27 28 SCV-200005: ANSWER TO SECOND AMENDED COMPLAINT Oocuaign Envelope IO: 31675063-840F-4224-95EA-445026625506 I and no relief is sought from DFLP. Accordingly, no response is required as to any allegations ol'the Derivative Complaint directed to it. To the estent a response is deemed required as to any such 3 allegations, DFLP incorporates by rcli:rence Defendant Lynn Duggan's vcrificd answer to the Second 4 Amended Complaint, including thc allirmativc defenses, submits itself to the jurisdiction ol'the court lor 5 a proper adjudication of the claims purported to be set forth in the Second Amended Complaint, and 6 reserves all its rights 1vith respect to thc allegations of the Second Amcndcd Complaint. Wl-IEREFORE DI. LP deinands judgment in its favor, costs incurred in this matter, attorneys''ees 9 as may be awarded by the Court and for such relief as the Court deems proper. IO DA1ED: BLUESTONEf AIRC II l2 B,: 4 MaghallIE. Bluestone, Attorney for The l3 Dtt[&gan amily Limited Partnership I 14 VERIFICATION I5 STATE OF HAWAII, COUNTY OF MAUI 17 Iam a Gcncral Partner of the Duggan Family Limited Partnership, a nominal Defendant in the above-captioned matter and I make this veri lication on behalf of Duggan Family Limited Partnership. I am familiar with thc contents of the l9 foregoing DEFENDANT THE DUGGAN FAMILY LIMITED PARTNERSHIP'S VERIFIED ANSWER TO THE VERIFIED SECOND 7Q AMENDED COMPLAINT. The information supplied therein is based on my own personal knowledge and/or has been supplied by my attorneys or other 7I agents and is therel'ore provided as required by law. 1'hc inl'ormation contained in the foregoing document is true. except as to thc matters vvhich 1vere provided by 72 my attorneys or other agents, and, as to those matters, I am informed and believe that they are true. 73 74 declare under penalty of perjury under the latvs of the State ol'Calil'omia, that the foregoing I is true and correct. 75 9/6/2023 Executed on at Lahaina, Hawaii. 27 Lyntt Dttggatj. General Partner ot the DFLP 2 II !iCv-268905: ANSWER 'I 0 SECOND Ahql NDED CONlpl.Alar CERTIFICATE OF SERVICE I am employed in Sonoma County, California. I am over the age of 18 years and not a party to the within action. My business address is 1825 4'" Street, Santa Rosa, CA 95404. On September 7, 2023, I served the following document(s): DEFENDANTS DUGGAN FAMILY LIMITED PARTNERSHIP'S VERIFIED ANSI'ER TO SECOJVD AMENDED COMPLAINT by placing a true copy thereof enclosed is a sealed envelope and/or served in the manner described below and addressed to: Attornev for Plaintiff Sean Duaaan: Attornev for Kellv Moffat: Lisa C. McCurdy, Esq. Michael Shklovsky, Esq. Joy Chen, Esq. 50 Old Courthouse Square, 5'" Fl. Greenberg Traurig Santa Rosa, CA 95404 1840 Century Park East, Suite 1900 (707) 545-4910 (main) Los Angeles, CA 90067-2121 (707) 522-8223 (direct) Tel: 310-586-6512 (707) 544-0260 (fax) Fax: 310-586-7800 MShklovskv&aandersonzeialer.corn mccurdvl&a.atlaw.corn cheniovAn.etlaw.corn Attornev for Lvnn Duaaan: Anne Frassetto Olsen NOLAND, HAMERLY, ETIENNE & HOSS A Professional Corporation 333 Salinas Street P.O. Box 2510 Salinas, CA 93902 (831) 424-1414 ext. 210 (831) 424-1975 (fax) aolsen@nheh.corn BY U.S. MAIL: I caused such envelope to be deposited in the mail by placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this business'ractice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. The name and address of each person/firm to whom I mailed the documents is listed above. BY HAND DELIVERY: I caused such envelope to be delivered by hand to the addressee(s) designated above. BY OVERNIGHT COURIER SERVICE: I caused such envelope to be delivered via overnight courier services to the addressee(s) designated above. CERTIFICATE OF SERVICE BY FACSIMILE: I caused said document(s) to be transmitted to the facsimile number(s) of the addressee(s) designated. XX BY E-MAIL: I transmitted electronically the listed documents(s) to the e-mail address(es) of the addressee(s) set forth above. Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. September 7, 2023, at Santa Rosa, California. /~ /~re M6rgan Vendrick CERTIFICATE OF SERVICE