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SHANNON B. JONES LAW GROUP, INC.
SHANNON B. JONES (Bar No. 149222)
sbj@sbj-law.com
LINDSEY A. MORGAN (Bar No. 274214) ILED
OR COURT OF CALIFORNIA
lam@sbj-law.com —_ OUNTY OF PLACER
208 W. El Pintado Road
Danville, California 94526 \. | MAR 1.1 2019
Telephone: (925) 837-2317 JAKE CHATTERS
Facsimile: (925) 837-4831 EXECUTIVE OFFICER & CLERK
By: C. Waggoner, Deputy
Attorneys for Plaintiff
PACIFIC UNION INTERNATIONAL, INC.
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
10
11 PACIFIC UNION INTERNATIONAL, INC., ) Case No. SCV0042080
12 )
Plaintiff, ) NOTICE OF ENTRY OF ORDER
13 )
V. )
14 )
ERIK LUDWICK, an individual and
beneficiary of The Anything Trust Dated
15 October 12, 2007; THE ANYTHING TRUST Complaint Filed: November 7, 2018
DATED OCTOBER 12, 2007; PAUL D.
16 BOOTH, in his capacity as trustee of The )
Anything Trust Dated October 12, 2007; and )
17 DOES 1-50, )
18 )
Defendants. )
19 )
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28 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
NOTICE OF ENTRY OF ORDER
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on February 28, 2019, the Court entered an Order
denying Defendants’ Motion to Change Venue and Plaintiffs request for sanctions, a copy of
which is attached hereto as Exhibit A.
Dated: March G6. 2019 SHANNON B. JONES LAW GROUP, INC.
By AK LL
3.) JONES
for' Plaintiff,
PACIFIC RNATIONAL, INC
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NOTICE OF ENTRY OF ORDER
PROOF OF SERVICE
I, the undersigned, declare:
I am a resident of the State of California and over the age of eighteen years, and
not a party to the within action; my business address is 208 W. El Pintado Road, Danville, CA
94526. On March ‘TL. 2019, I served the within document(s):
NOTICE OF ENTRY OF ORDER
by transmitting via email the above listed document(s) to the email address(es) set forth
below on this date before 5:00 p.m.
X___ by placing the document(s) listed above in a sealed envelope with postage thereon fully
prepaid, in the United States mail at Danville, California addressed as set forth below.
10
11 Attorneys for Defendants Erik Ludwick, The
Anything Trust and Paul Booth as Trustee of
12 the Anything Trust
Michael A.J. Nangano, Esq.
13 Michael A.J. Nangano, A Law Corporation
133 North Altadena Drive, Suite 403
14
Pasadena, CA 91107
15 Tel: (626) 796-9998
Fax: (213) 232-3252
16 mnangano(@lacounsel.com
17 I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.
18
Executed on March } , 2019, at Danville, California.
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ry
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ED) WK CAA Cy
21 L. SALAMIDA
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Lo
NOTICE OF ENTRY OF ORDER
EXHIBIT A
FILED
BF
SUPERIOR COURT OF CALIFORNIA
DYN
COUNTY OF PLACER
FEB 28 2019
FW
JAKE CHATTERS
EXECUTIVE OFFICER & CLERK
DUN
AN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
oOo
CO
Ere
PACIFIC UNION INTERNATIONAL, Case No.: SCV 0042080
YF
EU
INC., RULING ON SUBMITTED MATTER
NY
Plaintiff;
ERE
KRW
VS.
ERIK LUDWIG, and individual and
Re
HN
settlor of The Anything Trust dated
WD
RB
October 12, 2007, et al,
rR
WAN
Defendants.
rR
O
NOR
Defendants’ motion for change of venue came on regularly on
DO
February 19, 2019. In advance of the hearing the court published a tentative
NN
FP
ruling. Oral argument was requested, and that court conducted a hearing in
NY
WN
Department 40 of this court, the Hon. Michael A. Jacques presiding.
NY
Appearances were as shown upon the minutes. The court entertained
BR
NY
argument and took the matter under submission.
UO
NY
The court has considered the papers submitted in support of, and in
AD
NY
opposition to, the motion, as well as the argument of counsel. Good cause
NO
@M®nN
NO
appearing to the satisfaction that the tentative ruling ought to be adopted,
FWY
the court adopts the tentative ruling and denies the motion, as follows:
Defendants’ motion to change venue is denied.
Defendants argue that this action was filed in an improper
HO
venue pursuant to Code of Civil Procedure section 395. Code of
AD
Civil Procedure section 395 provides that in breach of contract
AN
actions, the proper court for trial of the action is “the superior
court in the county where the obligation is to be performed,
Oo
where the contract in fact was entered into, or where the
OC
defendant or any defendant resides at the commencement of the
HF
Ee
action”. Defendants admit that defendant Paul D. Booth, in his
WN
capacity as trustee of the Anything Trust dated October 12, 2007
Re
Ee
(“Booth”) is a resident of Placer County. Further, pursuant to
HBR
Probate Code section 17005(a)(1), the proper county for
Ee
UT
commencement of a proceeding concerning a trust is “[i]n the
BD
case of a living trust, the county where the principal place of
WN
RR
administration of the trust is located.” The county where
principal place of administration of the Anything Trust is located
DO
NR
is Placer County, as this is where the day-to-day activity of the
trust is carried on by the trustee. Prob. Code § 17002.
FP
NO
Accordingly, venue is proper in this county.
NN
BPWNYN
NY
Defendants alternatively argue that the action should be
NY
transferred pursuant to Code of Civil Procedure section 397
NY
DOH
based on the convenience of witnesses and the ends of justice.
NN
However, defendants identify no nonparty witnesses who would
OoOnN
be inconvenienced by trial of this action in Placer County. See
NO
Juneau v. Juneau (1941) 45 Cal.App.2d 14, 16; Wrin v. Ohlandt
(1931) 213 Cal. 158, 160.
NY
WW
Plaintiff’s request for sanctions is denied as plaintiff does
HR
not identify any statutory authority for the request, and has not
HT
Supported its request for attorneys’ fees with competent
DAD
evidence.
DOAN
/
Oo
DATED: FEB 2/8 2019 Si A;
CO
( )
HON. HAEL A. 1AcQUES-”
KF
: missioner of the Superior Court
Er
NY
Judge Pro Tempore
Re
HRW
OE
NH
RR
BD
RR
WBN
NO FR
DODO
NO
FP
NY
KRWN
NY NY NY
DMN
NN
AON
NO
SUPERIOR COURT OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
CLERK’S CERTIFICATE OF MAILING (C.C.P. §1013a(4))
Case No.: S-CV-0042080
Case Name: Pacific Union International, Inc. vs. Ludwick, Erik et al
I, the undersigned, certify that I am the clerk of the Superior Court of California, County of
Placer, and I am not a party to this case.
I mailed copies of the documents(s) indicated below:
Order: Ruling on Submitted Matter
True copies of the documents were mailed following standard court practices in a sealed
envelope with postage fully prepaid, addressed as follows:
Michael John Shannon Jones
133 N Altadena Dr, Ste 403
208 W EI Pintado Rd
DANVILLE, CA 94526
Pasadena, CA 91107
LOWE CE SHWE, eSB.
aeRO eee FOS“ SA
Lx Ae. DO.
Mr. CF le OA
I am readily familiar with the court’s business practices for collecting and processing
correspondence for mailing; pursuant to those practices, these documents are delivered to
[X] the US Postal Service
[_] UPS
[_] FedEx
[| Interoffice mail
[_] Other:
on 02/28/2019 in Placer County, California.
Dated:02/28/2019 JAKE CHATTERS
Clerk of the Superior Court
by: ©. ee SSK
T. Hinds , Deputy Clerk
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SHANNON B. JONES LAW GROUP, INC. SHANNON B. JONES (Bar No. 149222) sbj@sbj-law.com LINDSEY A. MORGAN (Bar No. 274214) ILED OR COURT OF CALIFORNIA lam@sbj-law.com —_ OUNTY OF PLACER 208 W. El Pintado Road Danville, California 94526 \. | MAR 1.1 2019 Telephone: (925) 837-2317 JAKE CHATTERS Facsimile: (925) 837-4831 EXECUTIVE OFFICER & CLERK By: C. Waggoner, Deputy Attorneys for Plaintiff PACIFIC UNION INTERNATIONAL, INC. IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER 10 11 PACIFIC UNION INTERNATIONAL, INC., ) Case No. SCV0042080 12 ) Plaintiff, ) NOTICE OF ENTRY OF ORDER 13 ) V. ) 14 ) ERIK LUDWICK, an individual and beneficiary of The Anything Trust Dated 15 October 12, 2007; THE ANYTHING TRUST Complaint Filed: November 7, 2018 DATED OCTOBER 12, 2007; PAUL D. 16 BOOTH, in his capacity as trustee of The ) Anything Trust Dated October 12, 2007; and ) 17 DOES 1-50, ) 18 ) Defendants. ) 19 ) 20 21 22 23 24 25 26 27 28 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: NOTICE OF ENTRY OF ORDER TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on February 28, 2019, the Court entered an Order denying Defendants’ Motion to Change Venue and Plaintiffs request for sanctions, a copy of which is attached hereto as Exhibit A. Dated: March G6. 2019 SHANNON B. JONES LAW GROUP, INC. By AK LL 3.) JONES for' Plaintiff, PACIFIC RNATIONAL, INC 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE OF ENTRY OF ORDER PROOF OF SERVICE I, the undersigned, declare: I am a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is 208 W. El Pintado Road, Danville, CA 94526. On March ‘TL. 2019, I served the within document(s): NOTICE OF ENTRY OF ORDER by transmitting via email the above listed document(s) to the email address(es) set forth below on this date before 5:00 p.m. X___ by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Danville, California addressed as set forth below. 10 11 Attorneys for Defendants Erik Ludwick, The Anything Trust and Paul Booth as Trustee of 12 the Anything Trust Michael A.J. Nangano, Esq. 13 Michael A.J. Nangano, A Law Corporation 133 North Altadena Drive, Suite 403 14 Pasadena, CA 91107 15 Tel: (626) 796-9998 Fax: (213) 232-3252 16 mnangano(@lacounsel.com 17 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 18 Executed on March } , 2019, at Danville, California. 19 ry 20 ED) WK CAA Cy 21 L. SALAMIDA 22 23 24 25 26 27 28 Lo NOTICE OF ENTRY OF ORDER EXHIBIT A FILED BF SUPERIOR COURT OF CALIFORNIA DYN COUNTY OF PLACER FEB 28 2019 FW JAKE CHATTERS EXECUTIVE OFFICER & CLERK DUN AN SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER oOo CO Ere PACIFIC UNION INTERNATIONAL, Case No.: SCV 0042080 YF EU INC., RULING ON SUBMITTED MATTER NY Plaintiff; ERE KRW VS. ERIK LUDWIG, and individual and Re HN settlor of The Anything Trust dated WD RB October 12, 2007, et al, rR WAN Defendants. rR O NOR Defendants’ motion for change of venue came on regularly on DO February 19, 2019. In advance of the hearing the court published a tentative NN FP ruling. Oral argument was requested, and that court conducted a hearing in NY WN Department 40 of this court, the Hon. Michael A. Jacques presiding. NY Appearances were as shown upon the minutes. The court entertained BR NY argument and took the matter under submission. UO NY The court has considered the papers submitted in support of, and in AD NY opposition to, the motion, as well as the argument of counsel. Good cause NO @M®nN NO appearing to the satisfaction that the tentative ruling ought to be adopted, FWY the court adopts the tentative ruling and denies the motion, as follows: Defendants’ motion to change venue is denied. Defendants argue that this action was filed in an improper HO venue pursuant to Code of Civil Procedure section 395. Code of AD Civil Procedure section 395 provides that in breach of contract AN actions, the proper court for trial of the action is “the superior court in the county where the obligation is to be performed, Oo where the contract in fact was entered into, or where the OC defendant or any defendant resides at the commencement of the HF Ee action”. Defendants admit that defendant Paul D. Booth, in his WN capacity as trustee of the Anything Trust dated October 12, 2007 Re Ee (“Booth”) is a resident of Placer County. Further, pursuant to HBR Probate Code section 17005(a)(1), the proper county for Ee UT commencement of a proceeding concerning a trust is “[i]n the BD case of a living trust, the county where the principal place of WN RR administration of the trust is located.” The county where principal place of administration of the Anything Trust is located DO NR is Placer County, as this is where the day-to-day activity of the trust is carried on by the trustee. Prob. Code § 17002. FP NO Accordingly, venue is proper in this county. NN BPWNYN NY Defendants alternatively argue that the action should be NY transferred pursuant to Code of Civil Procedure section 397 NY DOH based on the convenience of witnesses and the ends of justice. NN However, defendants identify no nonparty witnesses who would OoOnN be inconvenienced by trial of this action in Placer County. See NO Juneau v. Juneau (1941) 45 Cal.App.2d 14, 16; Wrin v. Ohlandt (1931) 213 Cal. 158, 160. NY WW Plaintiff’s request for sanctions is denied as plaintiff does HR not identify any statutory authority for the request, and has not HT Supported its request for attorneys’ fees with competent DAD evidence. DOAN / Oo DATED: FEB 2/8 2019 Si A; CO ( ) HON. HAEL A. 1AcQUES-” KF : missioner of the Superior Court Er NY Judge Pro Tempore Re HRW OE NH RR BD RR WBN NO FR DODO NO FP NY KRWN NY NY NY DMN NN AON NO SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER CLERK’S CERTIFICATE OF MAILING (C.C.P. §1013a(4)) Case No.: S-CV-0042080 Case Name: Pacific Union International, Inc. vs. Ludwick, Erik et al I, the undersigned, certify that I am the clerk of the Superior Court of California, County of Placer, and I am not a party to this case. I mailed copies of the documents(s) indicated below: Order: Ruling on Submitted Matter True copies of the documents were mailed following standard court practices in a sealed envelope with postage fully prepaid, addressed as follows: Michael John Shannon Jones 133 N Altadena Dr, Ste 403 208 W EI Pintado Rd DANVILLE, CA 94526 Pasadena, CA 91107 LOWE CE SHWE, eSB. aeRO eee FOS“ SA Lx Ae. DO. Mr. CF le OA I am readily familiar with the court’s business practices for collecting and processing correspondence for mailing; pursuant to those practices, these documents are delivered to [X] the US Postal Service [_] UPS [_] FedEx [| Interoffice mail [_] Other: on 02/28/2019 in Placer County, California. Dated:02/28/2019 JAKE CHATTERS Clerk of the Superior Court by: ©. ee SSK T. Hinds , Deputy Clerk