Preview
ELECTRONICALLY FILED
Superior Court of California,
County of Placer
PORTER | scoTttT 08/29/2023 at 11:01:41 AM
By: Laurel L Sanders.
A PROFESSIONAL CORPORATION
Deputy Clerk
CarlJ. Calnero, SBN 117590
calnero@ porterscott.com
Martin N. Jensen, SBN 232231
mjensen@ porterscott.com
Joceline M. Herman, SBN 310897
jherman@ porterscott.com
Rachel D. Hamilton, SBN 337466
rhamilton@ porterscott.com
2180 Harvard Street, Suite 500
Sacramento, California 95815
TEL: 916.929.1481
FAX: 916.927.3706
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Attorneys for Defendants/C ross-C omplainants
11 JOHN L. SULLIVAN, STEVEN A. RUCKELS, MICHELE R. SULLIVAN,
JOHN L. SULLIVAN INVESTMENTS, INC. (Defendants)
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JOHN L. SULLIVAN, Individually, and as TRUSTEE OF THE JOHN L. SULLIVAN 1992
13 REVOCABLE TRUST, TRUSTEE OF THE KMS 2013 EXEMPT TRUST, and as TRUSTEE
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ag 14 OF THE MRS 2013 EXEMPT TRUST (Cross-Complainants)
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15 SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER
16 DAVID A. RODGERS, an individual, Case No.: S-CV-0046695
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17 Plaintiff, NOTICE OF MOTION AND MOTION TO
18 Vv. SEAL DOCUMENTS IN SUPPORT OF
DEFENDANTS JOHN L. SULLIVAN AND
19 OHN_ L. SULLIVAN, an Individual, JOHN L. SULLIVAN INVESTMENTS,
TEVEN A RUCKELS, an Individual, INC. DBA ROSEVILLE TOYOTA’S
20 MICHELE R. SULLIVAN, an_Individual,
JOHN L. SULLIVAN INVESTMENTS, INC. MOTION FOR SUMMARY
21 a Califomia co: oration, dba Roseville Toyota, ADJUDICATION AGAINST
JOHN L. SULLIVAN ENTERPRISES, C., PLAINTIFF’S THIRD AMENDED
22 a Califomia Corporation, dba Livermore
Toyota, OHN SULLIVAN DODGE COMPLAINT
23 CHRY SLER, INC., a California Corporation,
dba Yuba Ci DodgeC sler, SULLIVAN Date: October 10, 2023
24 MOTORS LP, a California limited partn €]
dba Roseville Kia, ULL
MANAGEMENT, LLC, a California limited
VAN Time:
Dept.:
8:30 a.m.
42
25 liability company, and DOES 1-50, inclusive,
26 Third Amended Complaint Filed: 5/16/23
Defendants. Cross-Complaint Filed: 7/2/21
27 aa Trial Date: 1/8/24
AND ALL RELATED CROSS-ACTIONS.
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NOTICE OF MOTION AND MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS JOHN L.
SULLIVAN AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTION FOR
SUMMARY ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT
4884-8785-0875, v. 1
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on October 10, 2023, at 8:30 a.m. in Department 42 of the
above-entitled court, located at 10820 Justice Center Drive, Roseville, CA 95678, Defendants
JOHN L. SULLIVAN and JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE
TOYOTA (collectively “Defendants”) will and hereby do move for an order sealing documents
submitted in support of Defendants’ Motion for Summary Adjudication Against Plaintiff's Third
Amended Complaint. The documents to be sealed are as follows:
1. SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT
OF DEFENDANTS JOHN L. SULLIVAN and JOHN L. SULLIVAN INVESTMENTS,
10 INC. DBA ROSEVILLE TOY OTA’S MOTION FOR SUMMARY ADJUDICATION;
11 2, DECLARATION OF STEVEN A. RUCKELS IN SUPPORT OF DEFENDANTS
12 JOHN L. SULLIVAN and JOHN L. SULLIVAN INVESTMENTS, INC. DBA
13 ROSEVILLE TOY OTA’S MOTION FOR SUMMARY ADJUDICATION;
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ag 14 3. DECLARATION OF JOHN L. SULLIVAN IN SUPPORT OF DEFENDANTS JOHN
ES gh
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=e 15 L. SULLIVAN and JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE
16 TOY OTA’S MOTION FOR SUMMARY ADJUDICATION; and
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17 4, MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
18 DEFENDANTS
JOHN L. SULLIVAN and JOHN L. SULLIVAN INVESTMENTS, INC.
19 DBA ROSEVILLE TOY OTA’S MOTION FOR SUMMARY ADJUDICATION.
20 This motion is based on this Notice of Motion, Memorandum of Points and Authorities,
21 Declaration of Martin N. Jensen, and the pleadings and papers on file in this action, and any
22 evidence that may be submitted at the time of the hearing.
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NOTICE OF MOTION AND MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS JOHN L.
SULLIVAN AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTION FOR
SUMMARY ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT
4884-8785-0875, v. 1
Pursuant to Local Rule 20.2.3, the court will issue a tentative ruling for this matter on the
court day before the hearing. The tentative ruling will be available after 12:00 noon as an audio
recording accessible at (916) 408-6480; the tentative ruling will also be available at the court’s
website, www.placer.courts.ca.gov. The tentative ruling shall become the final ruling on the matter
and no hearing will be held unless oral argument is timely requested, or the tentative ruling
indicates otherwise. Requests for oral argument must be made by calling (916) 408-6481 no later
than 4:00 p.m. on the court day priorto the hearing.
Dated: August 29, 2023 PORTER SCOTT
A PROFESSIONAL CORPORATION
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By Martin N. Vensen
11 Carl J. Calnero
12 Martin N. Jensen
Joceline M. Herman
13 Rachel D. Hamilton
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ag 14
Attomeys for Defendants/Cross-Complainants
a5 JOHN L. SULLIVAN, STEVEN A. RUCKELS,
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15 MICHELE R. SULLIVAN, and JOHN L.
SULLIVAN INVESTMENTS, INC.
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NOTICE OF MOTION AND MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS JOHN L.
SULLIVAN AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTION FOR
SUMMARY ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT
4884-8785-0875, v. 1
CASE NAME: Rodgers v. John L. Sullivan, et al.
CASE NO.: Placer County Superior Court, Case No. S-C V-0046695
PROOF OF SERVICE
At the time of service, I was over 18 years of age and not a party to this action. My
business address is 2180 Harvard Street, Suite 500, Sacramento, California 95815. On August 29,
2023, I served the following documents: NOTICE OF MOTION AND MOTION TO SEAL
DOCUMENTS IN SUPPORT OF DEFENDANT MICHELE R. SULLIVAN’S MOTION FOR SUMMARY
ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT
BY MAIL: I placed the envelope for collection and mailing, following our ordinary business practices. I
am readily familiar with this business’ practice 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.
BY PERSONAL SERVICE: I caused such document to be personally delivered to the person(s)
addressed below. (1) Fora party represented by an attorney, delivery was made to the attorney or at the
attorney’s office by leaving the documents, in an envelope or package clearly labeled to identify the
10 attomey being served, with a receptionist or an individual in charge of the office, between the hours of|
nine in the moming and five in the evening. (2) For a party, delivery was made to the party or by leaving}
11 the documents at the party’s residence with some person not younger than 18 years of age between the'
hours of eight in the morning and six in the evening.
12 BY OVERNIGHT DELIVERY: [I enclosed the documents in an envelope or package provided by an|
overnight delivery carrier and addressed to the person(s) listed below. I placed the envelope or package|
13 for collection and overnight delivery at my office ora regularly utilized drop box of the overnight delivery
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carrier.
a5 BY FAX TRANSMISSION: Based on an agreement of the parties to accept service by fax transmission,
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0 I faxed the documents to the persons at the fax numbers listed below. No error was reported by the fax
15 machine that I used. A copy of the record of the fax transmission, which I printed out, is attached
16 xXx BY ELECTRONIC TRANSMISSION: By electronically serving the document(s) to the electronic
mail address set forth below on this date before 11:59 p.m. pursuant to Code of Civil Procedure section
gu 1010.6(a)(2), (4) and (5),
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18 Addressed as follows:
19 Counsel for Plaintiff: David A. Rodgers
Jennifer G. Redmond
20 Susan Haines
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
21
Four Embarcadero Center, 17" Floor
22 San Francisco, Califomia 94111-4109
E: jredmond@ sheppardmullin.com
23 E: shaines@ sheppardmullin.com
24 Counsel for Plaintiff: David A. Rodgers
25 Judy Suwatanapongched
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
26 333 South Hope Street
Los Angeles, CA 90071-1422
27 E: JSuwatanapongched@ sheppardmullin.com
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NOTICE OF MOTION AND MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS JOHN L.
SULLIVAN AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTION FOR
SUMMARY ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT
4884-8785-0875, v. 1
Counsel for Plaintiff: David A. Rodgers
Kristin P. Housh
SHEPPARD MULLIN
12275 El Camino Real, Suite 100
San Diego, CA 92130-4092
Tel: 959-720-8900 Fax: 858-509-3691
E: khoush@ sheppardmullin.com
Counsel for Plaintiff: David A. Rodgers
Amanda L. Cottrell
SHEPPARD MULLIN
2200 Ross Ave., 20" Floor
Dallas, Texas 75201
Direct: 469-391-7432
E: acottrell@ sheppardmullin.com
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Counsel for Defendants: J ohn L. Sullivan
11 Enterprises, Inc., John L. Sullivan Dodge
12 Chrysler, Inc., Sullivan Motors LP and Sullivan
Management, LLC
13 Daniel V. Kohls
gs Leighton K oberlein
ag 14 HANSEN, KOHLS, SOMMER &
a5 JACOB, LLP
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15 1520 Eureka Road, Suite 100
Roseville, CA 95661
16 E: dkohls@ hansenkohls.com
gu E: lkoberlein@ hansenkohls.com
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19 I declare under penalty of perjw under the laws of the State of California that the
foregoing is true and correct. Executed at Sacramento, California on August 29, 2023.
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21 Desiree Ganzon
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NOTICE OF MOTION AND MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS JOHN L.
SULLIVAN AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTION FOR
SUMMARY ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT
4884-8785-0875, v. 1
Preview
ELECTRONICALLY FILED Superior Court of California, County of Placer PORTER | scoTttT 08/29/2023 at 11:01:41 AM By: Laurel L Sanders. A PROFESSIONAL CORPORATION Deputy Clerk CarlJ. Calnero, SBN 117590 calnero@ porterscott.com Martin N. Jensen, SBN 232231 mjensen@ porterscott.com Joceline M. Herman, SBN 310897 jherman@ porterscott.com Rachel D. Hamilton, SBN 337466 rhamilton@ porterscott.com 2180 Harvard Street, Suite 500 Sacramento, California 95815 TEL: 916.929.1481 FAX: 916.927.3706 10 Attorneys for Defendants/C ross-C omplainants 11 JOHN L. SULLIVAN, STEVEN A. RUCKELS, MICHELE R. SULLIVAN, JOHN L. SULLIVAN INVESTMENTS, INC. (Defendants) 12 JOHN L. SULLIVAN, Individually, and as TRUSTEE OF THE JOHN L. SULLIVAN 1992 13 REVOCABLE TRUST, TRUSTEE OF THE KMS 2013 EXEMPT TRUST, and as TRUSTEE gs ag 14 OF THE MRS 2013 EXEMPT TRUST (Cross-Complainants) a5 i 15 SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER 16 DAVID A. RODGERS, an individual, Case No.: S-CV-0046695 gu 17 Plaintiff, NOTICE OF MOTION AND MOTION TO 18 Vv. SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS JOHN L. SULLIVAN AND 19 OHN_ L. SULLIVAN, an Individual, JOHN L. SULLIVAN INVESTMENTS, TEVEN A RUCKELS, an Individual, INC. DBA ROSEVILLE TOYOTA’S 20 MICHELE R. SULLIVAN, an_Individual, JOHN L. SULLIVAN INVESTMENTS, INC. MOTION FOR SUMMARY 21 a Califomia co: oration, dba Roseville Toyota, ADJUDICATION AGAINST JOHN L. SULLIVAN ENTERPRISES, C., PLAINTIFF’S THIRD AMENDED 22 a Califomia Corporation, dba Livermore Toyota, OHN SULLIVAN DODGE COMPLAINT 23 CHRY SLER, INC., a California Corporation, dba Yuba Ci DodgeC sler, SULLIVAN Date: October 10, 2023 24 MOTORS LP, a California limited partn €] dba Roseville Kia, ULL MANAGEMENT, LLC, a California limited VAN Time: Dept.: 8:30 a.m. 42 25 liability company, and DOES 1-50, inclusive, 26 Third Amended Complaint Filed: 5/16/23 Defendants. Cross-Complaint Filed: 7/2/21 27 aa Trial Date: 1/8/24 AND ALL RELATED CROSS-ACTIONS. 28 -- a NOTICE OF MOTION AND MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS JOHN L. SULLIVAN AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTION FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT 4884-8785-0875, v. 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on October 10, 2023, at 8:30 a.m. in Department 42 of the above-entitled court, located at 10820 Justice Center Drive, Roseville, CA 95678, Defendants JOHN L. SULLIVAN and JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE TOYOTA (collectively “Defendants”) will and hereby do move for an order sealing documents submitted in support of Defendants’ Motion for Summary Adjudication Against Plaintiff's Third Amended Complaint. The documents to be sealed are as follows: 1. SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF DEFENDANTS JOHN L. SULLIVAN and JOHN L. SULLIVAN INVESTMENTS, 10 INC. DBA ROSEVILLE TOY OTA’S MOTION FOR SUMMARY ADJUDICATION; 11 2, DECLARATION OF STEVEN A. RUCKELS IN SUPPORT OF DEFENDANTS 12 JOHN L. SULLIVAN and JOHN L. SULLIVAN INVESTMENTS, INC. DBA 13 ROSEVILLE TOY OTA’S MOTION FOR SUMMARY ADJUDICATION; gs ag 14 3. DECLARATION OF JOHN L. SULLIVAN IN SUPPORT OF DEFENDANTS JOHN ES gh i ao oo =e 15 L. SULLIVAN and JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE 16 TOY OTA’S MOTION FOR SUMMARY ADJUDICATION; and gu 17 4, MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF 18 DEFENDANTS JOHN L. SULLIVAN and JOHN L. SULLIVAN INVESTMENTS, INC. 19 DBA ROSEVILLE TOY OTA’S MOTION FOR SUMMARY ADJUDICATION. 20 This motion is based on this Notice of Motion, Memorandum of Points and Authorities, 21 Declaration of Martin N. Jensen, and the pleadings and papers on file in this action, and any 22 evidence that may be submitted at the time of the hearing. 23 I 24 I 25 I 26 I 27 I 28 I 2 NOTICE OF MOTION AND MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS JOHN L. SULLIVAN AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTION FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT 4884-8785-0875, v. 1 Pursuant to Local Rule 20.2.3, the court will issue a tentative ruling for this matter on the court day before the hearing. The tentative ruling will be available after 12:00 noon as an audio recording accessible at (916) 408-6480; the tentative ruling will also be available at the court’s website, www.placer.courts.ca.gov. The tentative ruling shall become the final ruling on the matter and no hearing will be held unless oral argument is timely requested, or the tentative ruling indicates otherwise. Requests for oral argument must be made by calling (916) 408-6481 no later than 4:00 p.m. on the court day priorto the hearing. Dated: August 29, 2023 PORTER SCOTT A PROFESSIONAL CORPORATION 10 By Martin N. Vensen 11 Carl J. Calnero 12 Martin N. Jensen Joceline M. Herman 13 Rachel D. Hamilton gs ag 14 Attomeys for Defendants/Cross-Complainants a5 JOHN L. SULLIVAN, STEVEN A. RUCKELS, i 15 MICHELE R. SULLIVAN, and JOHN L. SULLIVAN INVESTMENTS, INC. 16 gu 17 18 19 20 21 22 23 24 25 26 27 28 3 NOTICE OF MOTION AND MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS JOHN L. SULLIVAN AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTION FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT 4884-8785-0875, v. 1 CASE NAME: Rodgers v. John L. Sullivan, et al. CASE NO.: Placer County Superior Court, Case No. S-C V-0046695 PROOF OF SERVICE At the time of service, I was over 18 years of age and not a party to this action. My business address is 2180 Harvard Street, Suite 500, Sacramento, California 95815. On August 29, 2023, I served the following documents: NOTICE OF MOTION AND MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANT MICHELE R. SULLIVAN’S MOTION FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT BY MAIL: I placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business’ practice 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. BY PERSONAL SERVICE: I caused such document to be personally delivered to the person(s) addressed below. (1) Fora party represented by an attorney, delivery was made to the attorney or at the attorney’s office by leaving the documents, in an envelope or package clearly labeled to identify the 10 attomey being served, with a receptionist or an individual in charge of the office, between the hours of| nine in the moming and five in the evening. (2) For a party, delivery was made to the party or by leaving} 11 the documents at the party’s residence with some person not younger than 18 years of age between the' hours of eight in the morning and six in the evening. 12 BY OVERNIGHT DELIVERY: [I enclosed the documents in an envelope or package provided by an| overnight delivery carrier and addressed to the person(s) listed below. I placed the envelope or package| 13 for collection and overnight delivery at my office ora regularly utilized drop box of the overnight delivery gs ag 14 carrier. a5 BY FAX TRANSMISSION: Based on an agreement of the parties to accept service by fax transmission, i 0 I faxed the documents to the persons at the fax numbers listed below. No error was reported by the fax 15 machine that I used. A copy of the record of the fax transmission, which I printed out, is attached 16 xXx BY ELECTRONIC TRANSMISSION: By electronically serving the document(s) to the electronic mail address set forth below on this date before 11:59 p.m. pursuant to Code of Civil Procedure section gu 1010.6(a)(2), (4) and (5), 17 18 Addressed as follows: 19 Counsel for Plaintiff: David A. Rodgers Jennifer G. Redmond 20 Susan Haines SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 21 Four Embarcadero Center, 17" Floor 22 San Francisco, Califomia 94111-4109 E: jredmond@ sheppardmullin.com 23 E: shaines@ sheppardmullin.com 24 Counsel for Plaintiff: David A. Rodgers 25 Judy Suwatanapongched SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 26 333 South Hope Street Los Angeles, CA 90071-1422 27 E: JSuwatanapongched@ sheppardmullin.com 28 4 NOTICE OF MOTION AND MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS JOHN L. SULLIVAN AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTION FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT 4884-8785-0875, v. 1 Counsel for Plaintiff: David A. Rodgers Kristin P. Housh SHEPPARD MULLIN 12275 El Camino Real, Suite 100 San Diego, CA 92130-4092 Tel: 959-720-8900 Fax: 858-509-3691 E: khoush@ sheppardmullin.com Counsel for Plaintiff: David A. Rodgers Amanda L. Cottrell SHEPPARD MULLIN 2200 Ross Ave., 20" Floor Dallas, Texas 75201 Direct: 469-391-7432 E: acottrell@ sheppardmullin.com 10 Counsel for Defendants: J ohn L. Sullivan 11 Enterprises, Inc., John L. Sullivan Dodge 12 Chrysler, Inc., Sullivan Motors LP and Sullivan Management, LLC 13 Daniel V. Kohls gs Leighton K oberlein ag 14 HANSEN, KOHLS, SOMMER & a5 JACOB, LLP i 15 1520 Eureka Road, Suite 100 Roseville, CA 95661 16 E: dkohls@ hansenkohls.com gu E: lkoberlein@ hansenkohls.com 17 18 19 I declare under penalty of perjw under the laws of the State of California that the foregoing is true and correct. Executed at Sacramento, California on August 29, 2023. 20 21 Desiree Ganzon 22 23 24 25 26 27 28 5 NOTICE OF MOTION AND MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS JOHN L. SULLIVAN AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTION FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT 4884-8785-0875, v. 1