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1 MICHAEL A.J. NANGANO(SBN 133999) 07/24/2020
Law Offices of Michael A J. Nangano
2 133 No. Altadena Drive, Suite 403
Pasadena, OA 91107
3 Phone: (626)796-9998
Fax: (626)796-9992
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FRANKLIN T. BIGELOW,JR(SBN 81606)
5 Klika,Parrish & Bigelow
133 No. Altadena Drive, Suite 403
6 Pasadena, CA 91107
Phone: (626)796-9998
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Attorneys for Petitioner(s)(and all Plaintiff(s) in the Los Angeles Superior Court Case
8 below): ERIK LUDWICK,individually AND as Trustee and Beneficiary of
"THE ANYTHING TRUST" dated October 12, 2007
9
10 JUDICIAL COUNCIL OF CALIFORNIA
11 CHAIR OF THE JUDICIAL COUNCIL
12
THIS DOCUMENT RELATES TO THE
13 VERIFIED COMPLAINT FILED IN:
JCCP No. JCCP5123
14 ERIK LUDWICK,individually AND as
Trustee and Beneficiary of"THE PETITIONER / PLAINTIFF'S:
15 ANYTHING TRUST" dated October 12,
2007; Plaintiff(s), vs. NOTICE OF SUBMISSION OF
16 PETITION TO COORDINATE;
PARTNERS TRUST REAL ESTATE
17 BROKERAGE & ACQUISITIONS; an WITH PETITION, MEMORANDUM OF
unincorporated California Business Entity; POINTS AND AUTHORITIES; AND,
18 PACIFIC UNION INTERNATIONAL,
INC.,a California Corporation; SUPPORTING DECLARATIONS AND
19 MADISON HILDEBRAND,individually EXHIBITS "A" THROUGH "J"
& dba "THE MALIBU LIFE TEAM";
20 MALIBU LIFE,INC.,a California [Along with the "Proofof Service ofthe
Corporation; NICK R.SEGAL,an Notice of Submission of Petition" and ofthe
21 individual; SAMUEL H. KRAEMER,an Petition Within 5-Court Days {Cal Rules of
individual; GINA KIRKPATRICK,an Court, Rule 3.522.)
22 individual; JENNIFER CHRISMAN,an
individual; and Does I through 50, inclusive;
23 Defendants PETITION FILED ON: 07/17/2020
24 Los Angeles County Superior Court, Case NOTICE SERVED ON: 07/23/2020
No.: 19STCV25331 - Filed 07/19/2019; Trial
25 Date: None
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PETITIONER / PLAINTIFF'S: NOTICE OF SUBMISSION OF PETITION TO COORDINATE
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2"^^ Case For Coordination:
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3 PACIFIC UNION INTERNATIONAL,
INC., Plaintiff, vs.
4
ERIK LUDWICK,an individual AND
5 Settlor of The Anything Trust dated October
12, 2007; THE ANYTHING TRUST
6 DATED OCTOBER 12,2007; PAUL D.
BOOTH,in his capacity as Trustee of The
7 Anything Trust Dated October 12, 2007; and
Does 1 through 50, inclusive. Defendants.
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Placer County Superior Court Case No.
9 S-CV-0042080 - Trial Set for 09/21/2020
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[PETITIONER'S NOTICE OF SUBMISSION OF PETITION TO COORDINATE TO
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START ON NEXT PAGE.]
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PETITIONER / PLAINTIFF'S: NOTICE OF SUBMISSION OF PETITION TO COORDINATE
1 PETITIONER'S NOTICE OF SUBMISSION OF PETITION TO COORDINATE
2
3 TO THE CHAIRPERSON OFTHEJUDICIAL COUNSEL;AND TO ALLPARTIES
4 AND THEIR ATTORNEYS OF RECORD AS WELL AS THE SUPERIOR COURTS
5 OF PLACER COUNTY AND LOS ANGELES COUNTY:
6
7 NOTICE IS HERE BY GIVEN THAT: The Petitioner(s) / Plaintiff(s), in all,
8 ERIK LUDWICK,individually and as both Trustee and Beneficiary ofTHE ANYTHING
9 TRUST dated October 12, 2007 (hereinafter collectively "LUDWICK" and/or "the
10 PETITIONER")has submitted and filed this Notice ofSubmission ofPetition to Coordinate;
11 and, copies of the Petition to Coordination (JCCP No. ) with supporting
12 Memorandum of Points and Authorities, Declarations of Petitioner Eric Ludwick and
13 attorney of record Michael AJ. Nangano and supporting Exhibits "A" through "J"
14 {California Rules ofCourt,Rule 3.522.)with the Chairman ofthe Judicial Council,and with
15 both the Placer County Superior Court and the Los Angeles County Superior Court in the
16 pending actions identified in the above Case Captions herein.
17 Specifically, this Notice addresses the PETITIONER'S request to coordinate the
18 following Superior Court actions, filed in two(2)different California Counties as follows:
19
20 1. LUDWICK vs. PARTNERS TRUST REAL ESTATE BROKERAGE &
21 ACQUISITIONS et al,
22 Los Angeles County Superior Court, Case No.: 19STCV25331:
23 Filed 07/19/2019; Trial Date: None
24 2. PACIFIC UNION INTERNATIONAL,INC. vs. LUDWICK et al,
25 Placer County Superior Court Case No. S-CV-0042080:
26 Filed 11/07/18 Trial Set for 09/21/2020
27 (Hereinafter referred to as the "Included Actions".)
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PETITIONER / PLAINTIFF'S: NOTICE OF SUBMISSION OF PETITION TO COORDINATE
1 PETITIONER brought this request for coordination because there is a significant
2 danger ofduplicative or inconsistent rulings ifthe cases are not coordinated.Common issues
3 likely to arise included whether Petitioners - Plaintiffs were owed fiduciary duties that were
4 breached when the real estate brokers, brokerage companies and/or real estate agents or
5 associates under took "dual agency" in both representing the PETITIONER-Seller of real
6 property and the ultimate Buyer ofthe property; as well as whether there was any material
7 breach of the contract, the listing agreement between these Parties.
8 These issues should be resolved in one court and should be subject to review in one
9 Court of Appeal in order to avoid duplicative and inconsistent rulings. Coordination is
10 particularly appropriate now because each of the Included Actions which were originally
11 filed within 8-months of each other, and with both delayed by the Covid-19 virus court
12 closures. Only the most basic formal discovery and/or motion practice has taken place in the
13 Placer County action, but the need for coordination is apparent and will only increase as the
14 cases develop.
15 No party will be prejudiced by coordination. No party will benefit from any delay in
16 ordering coordination; in fact, delay in ordering coordination will result only in duplicative
17 efforts and rulings, wasting the resources o fthe courts, counsel and the parties.
18 PETITIONER seeks an immediate stay pending coordination. Allowing either ofthe
19 Included Actions to go forward before coordination undermines the fundamental purposes
20 ofcoordination and,instead, results in the very duplicative efforts and rulings and waste of
21 the courts' resources and time, as well as, those of counsel and the parties.
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PETITIONER / PLAINTIFF'S: NOTICE OF SUBMISSION OF PETITION TO COORDINATE
1 PETITIONER respectfully requests that the Judicial Council grant the Petition to
2 Coordinate and immediately order the stay of both actions until coordinate occurs, or, to
3 preserve the status quo pending consideration of any opposition to and adjudication ofthe
4 requested Petition to Coordinate.
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6 Respectfully submitted, DATED: July 23, 2020
1
MICHAEL A.J. NANGANO,A LAW CORPORATION
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10 BY:
MICHAEL A.J. NANGANO
11 Attorney for PETITIONER / Plaintiff(s)
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PETITIONER / PLAINTIFF'S: NOTICE OF SUBMISSION OF PETITION TO COORDINATE
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1 MICHAEL A.J. NANGANO(SBN 133999) 07/24/2020 Law Offices of Michael A J. Nangano 2 133 No. Altadena Drive, Suite 403 Pasadena, OA 91107 3 Phone: (626)796-9998 Fax: (626)796-9992 4 FRANKLIN T. BIGELOW,JR(SBN 81606) 5 Klika,Parrish & Bigelow 133 No. Altadena Drive, Suite 403 6 Pasadena, CA 91107 Phone: (626)796-9998 7 Attorneys for Petitioner(s)(and all Plaintiff(s) in the Los Angeles Superior Court Case 8 below): ERIK LUDWICK,individually AND as Trustee and Beneficiary of "THE ANYTHING TRUST" dated October 12, 2007 9 10 JUDICIAL COUNCIL OF CALIFORNIA 11 CHAIR OF THE JUDICIAL COUNCIL 12 THIS DOCUMENT RELATES TO THE 13 VERIFIED COMPLAINT FILED IN: JCCP No. JCCP5123 14 ERIK LUDWICK,individually AND as Trustee and Beneficiary of"THE PETITIONER / PLAINTIFF'S: 15 ANYTHING TRUST" dated October 12, 2007; Plaintiff(s), vs. NOTICE OF SUBMISSION OF 16 PETITION TO COORDINATE; PARTNERS TRUST REAL ESTATE 17 BROKERAGE & ACQUISITIONS; an WITH PETITION, MEMORANDUM OF unincorporated California Business Entity; POINTS AND AUTHORITIES; AND, 18 PACIFIC UNION INTERNATIONAL, INC.,a California Corporation; SUPPORTING DECLARATIONS AND 19 MADISON HILDEBRAND,individually EXHIBITS "A" THROUGH "J" & dba "THE MALIBU LIFE TEAM"; 20 MALIBU LIFE,INC.,a California [Along with the "Proofof Service ofthe Corporation; NICK R.SEGAL,an Notice of Submission of Petition" and ofthe 21 individual; SAMUEL H. KRAEMER,an Petition Within 5-Court Days {Cal Rules of individual; GINA KIRKPATRICK,an Court, Rule 3.522.) 22 individual; JENNIFER CHRISMAN,an individual; and Does I through 50, inclusive; 23 Defendants PETITION FILED ON: 07/17/2020 24 Los Angeles County Superior Court, Case NOTICE SERVED ON: 07/23/2020 No.: 19STCV25331 - Filed 07/19/2019; Trial 25 Date: None 26 27 28 1 PETITIONER / PLAINTIFF'S: NOTICE OF SUBMISSION OF PETITION TO COORDINATE 1 2"^^ Case For Coordination: 2 3 PACIFIC UNION INTERNATIONAL, INC., Plaintiff, vs. 4 ERIK LUDWICK,an individual AND 5 Settlor of The Anything Trust dated October 12, 2007; THE ANYTHING TRUST 6 DATED OCTOBER 12,2007; PAUL D. BOOTH,in his capacity as Trustee of The 7 Anything Trust Dated October 12, 2007; and Does 1 through 50, inclusive. Defendants. 8 Placer County Superior Court Case No. 9 S-CV-0042080 - Trial Set for 09/21/2020 10 11 12 [PETITIONER'S NOTICE OF SUBMISSION OF PETITION TO COORDINATE TO 13 START ON NEXT PAGE.] 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PETITIONER / PLAINTIFF'S: NOTICE OF SUBMISSION OF PETITION TO COORDINATE 1 PETITIONER'S NOTICE OF SUBMISSION OF PETITION TO COORDINATE 2 3 TO THE CHAIRPERSON OFTHEJUDICIAL COUNSEL;AND TO ALLPARTIES 4 AND THEIR ATTORNEYS OF RECORD AS WELL AS THE SUPERIOR COURTS 5 OF PLACER COUNTY AND LOS ANGELES COUNTY: 6 7 NOTICE IS HERE BY GIVEN THAT: The Petitioner(s) / Plaintiff(s), in all, 8 ERIK LUDWICK,individually and as both Trustee and Beneficiary ofTHE ANYTHING 9 TRUST dated October 12, 2007 (hereinafter collectively "LUDWICK" and/or "the 10 PETITIONER")has submitted and filed this Notice ofSubmission ofPetition to Coordinate; 11 and, copies of the Petition to Coordination (JCCP No. ) with supporting 12 Memorandum of Points and Authorities, Declarations of Petitioner Eric Ludwick and 13 attorney of record Michael AJ. Nangano and supporting Exhibits "A" through "J" 14 {California Rules ofCourt,Rule 3.522.)with the Chairman ofthe Judicial Council,and with 15 both the Placer County Superior Court and the Los Angeles County Superior Court in the 16 pending actions identified in the above Case Captions herein. 17 Specifically, this Notice addresses the PETITIONER'S request to coordinate the 18 following Superior Court actions, filed in two(2)different California Counties as follows: 19 20 1. LUDWICK vs. PARTNERS TRUST REAL ESTATE BROKERAGE & 21 ACQUISITIONS et al, 22 Los Angeles County Superior Court, Case No.: 19STCV25331: 23 Filed 07/19/2019; Trial Date: None 24 2. PACIFIC UNION INTERNATIONAL,INC. vs. LUDWICK et al, 25 Placer County Superior Court Case No. S-CV-0042080: 26 Filed 11/07/18 Trial Set for 09/21/2020 27 (Hereinafter referred to as the "Included Actions".) 28 3 PETITIONER / PLAINTIFF'S: NOTICE OF SUBMISSION OF PETITION TO COORDINATE 1 PETITIONER brought this request for coordination because there is a significant 2 danger ofduplicative or inconsistent rulings ifthe cases are not coordinated.Common issues 3 likely to arise included whether Petitioners - Plaintiffs were owed fiduciary duties that were 4 breached when the real estate brokers, brokerage companies and/or real estate agents or 5 associates under took "dual agency" in both representing the PETITIONER-Seller of real 6 property and the ultimate Buyer ofthe property; as well as whether there was any material 7 breach of the contract, the listing agreement between these Parties. 8 These issues should be resolved in one court and should be subject to review in one 9 Court of Appeal in order to avoid duplicative and inconsistent rulings. Coordination is 10 particularly appropriate now because each of the Included Actions which were originally 11 filed within 8-months of each other, and with both delayed by the Covid-19 virus court 12 closures. Only the most basic formal discovery and/or motion practice has taken place in the 13 Placer County action, but the need for coordination is apparent and will only increase as the 14 cases develop. 15 No party will be prejudiced by coordination. No party will benefit from any delay in 16 ordering coordination; in fact, delay in ordering coordination will result only in duplicative 17 efforts and rulings, wasting the resources o fthe courts, counsel and the parties. 18 PETITIONER seeks an immediate stay pending coordination. Allowing either ofthe 19 Included Actions to go forward before coordination undermines the fundamental purposes 20 ofcoordination and,instead, results in the very duplicative efforts and rulings and waste of 21 the courts' resources and time, as well as, those of counsel and the parties. 22 23 24 25 26 27 28 4 PETITIONER / PLAINTIFF'S: NOTICE OF SUBMISSION OF PETITION TO COORDINATE 1 PETITIONER respectfully requests that the Judicial Council grant the Petition to 2 Coordinate and immediately order the stay of both actions until coordinate occurs, or, to 3 preserve the status quo pending consideration of any opposition to and adjudication ofthe 4 requested Petition to Coordinate. 5 6 Respectfully submitted, DATED: July 23, 2020 1 MICHAEL A.J. NANGANO,A LAW CORPORATION 8 9 10 BY: MICHAEL A.J. NANGANO 11 Attorney for PETITIONER / Plaintiff(s) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 PETITIONER / PLAINTIFF'S: NOTICE OF SUBMISSION OF PETITION TO COORDINATE