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MICHAEL A.J. NANGANO (SBN 13399)
LAW OFFICES OF MICHAEL A.J. NANGANO
133 No. Altadena Drive, Suite 403
FILED
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Pasadena, CA 91107 SUPERIOR COURT OF CALIFORNIA
Phone: (626) 796-9998 COUNTY OF PLACER
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Fax: (626) 796-9992
JAN 02 2019
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Attorneys for Defendant(s) JAKE CHATTERS
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EXECUTIVE O CLERK
By: E.C , Deputy
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF PLACER
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12 PACIFIC UNION INTERNATIONAL, Case No. S-CV 0042080
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INC.,
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Plaintiff, DECLARATION OF PAUL D. BOOTH
14 (in his capacity as Trustee of THE
VS. ANYTHING TRUST DATED
15 OCTOBER 12, 2007) INSUPPORT OF
ERIK LUDWICK, an individual AND MOTION FOR CHANGE OF VENUE
16 Settlor of The Anything Trust dated October
12, 2007; THE ANYTHING TRUST
17 DATED OCTOBER 12, 2007; PAUL D. Motion Date: fy 14
BOOTH, in his capacity as Trustee of The Dept: oz
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Anything Trust Dated October 12, 2007; and
Does 1 through 50, inclusive, CMC Date: March 12, 2019
19 Trial Date: None Set
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Defendants.
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DECLARATION OF PAUL D. BOOTH
I, Paul D. Booth, declare:
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1. I am and/or was the Trustee of the named defendant in this action, THE ANYTHING
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TRUST DATED OCTOBER 12, 2007 at the time the contract was entered into with the
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licensed real estate broker/agent and at the time of sale. I am named on the Complaint but I have
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not been served as an individual defendant but it is my understanding that I was served as
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Trustee of THE ANYTHING TRUST DATED OCTOBER 12, 2007. I make this declaration
on my own personal knowledge, and if called to testify could competently testify thereto.
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ie I am aware of the contract between the Plaintiff broker/agent and the Trust and trust Settlor
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10 ERIK LUDWICK which consists of a California Association of Realtors ("CAR") form
11 "Residential Listing Agreement" ("Listing Agreement") consisting of 5-pages.
12 3. I signed this contract on Page-5 of the Listing Agreement as instructed by Settlor ERIK
i LUDWICK. As trustee, I manage and administer the trust, but Mr. LUDWICK is a vested Settlor
14 and as such I follow his instructions as to all matters regarding the handling of all assets and/or real
15 property placed within the trust.
16 4. I signed the Listing Agreement electronically after receiving a copy by E-mail and I cannot
17 recall precisely where I was at the time that I signed the contract. When I signed the contract it was
18 at Mr. LUDWICK’s instruction and I understood that the contract had been negotiated by him. |
19 understood that he had agreed to the terms contained in the contract which was for the sale of real
20 property located in Los Angeles County. I understood that the entire contract was to be performed
21 in Los Angeles County.
22 5. I signed numerous documents related to the sale of the real property for which there is now
23 a dispute over the amount of commission owed to the Plaintiff. Each and every time, I received the
24 document to be signed electronically by E-mail and I signed each document electronically. I could
23 not accurately state where I was each and every time I signed a document relating to the sale of the
26 real property.
27 6. My acting as trustee and the holding of ownership of the real property by the trust were
28 disclosed to the broker/agent as noted and memorialized in the paragraph entitled "Representative
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DECLARATION OF PAUL D. BOOTH
Capacity" appearing just above the parties’ signatures, on Page-5 of 5 of the Listing Agreement and
on the attached Page-6, which is the 1-Page CAR form entitled "Representative Capacity Signature
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Disclosure (For Seller Representatives). This paragraph and accompanying form recognize that the
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PROPERTY was "held in trust" for Mr. LUDWICK, the legal and named Settlor of the Trust. This
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signed and executed 1-Page document was and/or is part of the Listing Agreement but Plaintiff
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failed to include it in Plaintiff Exhibit A to Plaintiff's Complaint. A true and correct copy of this
"Page-6" to the Listing Agreement is attached hereto as Exhibit A.
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7. I was not involved in any manner in the negotiations, agreement and/or finalizing of the
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Listing Agreement between Mr. LUDWICK and Madison Hildebrand who was acting on behalf
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of the Plaintiff. It was and/or is my understanding that when the listing agreement contract was
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negotiated, agreed upon and entered into was engaged in and/or done so solely by Mr. LUDWICK
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and Madison Hildebrand on behalf of "Partner's Trust" the previous corporate/business entity to
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Plaintiff. Further Mr. LUDWICK is also the Trustor (i.e. the creator of the Trust) as well as the
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vested Settlor of THE ANYTHING TRUST DATED OCTOBER 12, 2007. Attached as Exhibit
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B is a true and correct copy of the “Acknowledgment” signed by Mr. LUDWICK and notarized
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on October 12, 2007 in Los Angeles County creating the Trust.
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8. It was and is my understanding that any and all activities leading up to and including the
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contractual agreement being entered into as well as the performance occurred and/or were to occur
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in Los Angeles County.
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9, I am aware that the CAR Listing Agreement on page-1 states that it is an "exclusive and
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irrevocable right to sell or exchange" real property "described as 200 Toyota Drive situated in
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Pacific Palisades (City), Los Angeles (County) California 90272" (herein also referred to as "the
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PROPERTY") and goes on to provide the Parcel Number to further identify the Property provides
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the Court with the prima facie the place where the contract was made, agreed to and/or performed.
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10. Nothing related to the formation and/or the performance occurred anywhere other than in Los
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Angeles County.
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11. Although I reside in the city of Granite Bay, California in Placer County, again, it was and/or
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is my understanding that any and all transactions that I would be and/or were involved with on
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DECLARATION OF PAUL D. BOOTH
behalf of Mr. LUDWICK and the THE ANYTHING TRUST DATED OCTOBER 12, 2007
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were to occur in Los Angeles County and that the Trust was created and formed in Los Angeles
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County.
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12. Itis also my understanding that the office of the real estate broker/agent (23410 Civic Center
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Way, Cl, Malibu, California 90265) where Madison Hildebrand, the real estate agent worked and
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contracted on behalf of the broker were in Los Angeles County.
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13. I never requested nor represented nor made any statement that the contract with the Plaintiff
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was related in any manner to the place of my residence when everything involving the contract was
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accomplish, done, entered into and performed in Los Angeles County. There were never any
discussions that would have had me considering that any legal action would have been brought in
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Placer rather than Los Angeles County.
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14. As the trustee I merely provide the signature to the listing agreement (in the capacity and as
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disclosed and stated herein in the previous Paragraphs of this declaration). I signed the contract at
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Mr. LUDWICK’s direction and only after he had negotiated the terms and conditions for such
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agreements, and only after he had agreed to all such terms and/or conditions.
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15. Irespectfully request and assert that the Plaintiff Broker/Agent actions in filing this matter
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in Placer County have done so in bad faith and have breached their fiduciary duties by trying to
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improperly elevate my signature to the "premier" occurrence of this contract when it should not be
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so; and, are doing so in an attempt to further injure and/or damage Mr. LUD WICK by having this
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matter litigated in this remote location to the subject matter, real property and/or performance of the
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contract giving rise to this dispute, as well as for every other witness in the matter but myself.
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When and if it ever becomes necessary, it would not be a hardship to me and/or any other party for
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me to attend to this matter in Los Angeles County in a Superior Court of appropriate venue and/or
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jurisdiction.
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16. believe that Plaintiff has attempted to have this matter tried in Placer County because it will
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be inconvenient for the Defense, and, much more difficult and/or even impossible at times to defend
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and/or respond to this action by both the Trust and Mr. LUDWICK. I further believe and assert
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that Plaintiff has filed this action in Placer County hoping to delay and/or prevent the likely negative
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DECLARATION OF PAUL D. BOOTH
publicity Plaintiff faces in Los Angeles County for suing a client for a 6% commission on the sale
of a residential property for more than $16 million dollars when that is not consistent with industry
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standards and/or practices. Rather it represents a commission fee for an amount especially in a dual
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agency capacity that is not charged, not requested, not sought, and/or not received.
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17. On Page-5 of 5 of the Listing Agreement I signed confirming that the contract was to be
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performed in Los Angeles County for a property located therein, and states: "Seller acknowledges
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that Seller has read, understands received a copy of and agrees to the terms of this agreement."
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Beneath the Seller's signature is the signature of Madison Hildebrand in accordance with the
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contract between them, also approved and accepted by the Plaintiff.
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10 18. Although the contract was forwarded to me electronically by E-mail in Placer County, the
11 contract was and is clearly entered into in Los Angeles County and to be performed in Los Angeles
12 County. Thus, the Trust’s obligations, the defense's obligation were incurred there and any breach
13 as alleged by Plaintiff would have occurred in Los Angeles County, as well.
14 19. Respectfully, I assert and present to the Court that any and all the obligations under the
15 contract were to be performed in Los Angeles County and have no ties whatsoever with and/or in
16 Placer County; and there is no special contract and/or terms to any contract so stated in writing to
17 the contrary. Additionally, any examination of the contract shows no such special contract terms
18 to the contrary, nor any statement as to where defendant's obligation to pay was to be performed
19 other than Los Angeles County.
20 20. The Plaintiff argues that under California Probate Code that my mere act as Trustee in
21 signing the contract, which was signed electronically by me, should be the sole determining factor
22 to conclude and have this action tried in Placer County; Plaintiff's argument is not in the best
23 interests of justice and/or equity, but rather improperly elevates form over substance. | represent
24 and herein declare that nothing related to this contract other my mere signing of the contract
25 occurred outside of Los Angeles County.
26 21. There are no obligations of either party relevant in this action that arise and/or occur outside
27 of Los Angeles County. There is no express language and/or any expressed condition to the contract
28 either in writing and/or orally to the contrary to alter that the county in which the obligation is
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DECLARATION OF PAUL D. BOOTH
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Dec 31 2018 02:35PM HP Fax 5302v., 322 page 4
wherein contract was entered into, without any special provision in writing
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to the contrary, as well
as, the County where performance of the contract was to take place
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is the proper County for venue
and/or trial of this matter, of this dispute. Granting the Defense's request
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for change of venue will
also insure that this action proceeds in the County where it is most
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convenient for all including all
wittiesses,
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I declare under penalty of perjury under the laws of California
that the foregoing is true and
correct. Executed on this 31% day of December, 2018, in
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Granite Bay, California.
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By:
P /D, TH, as Trustee on behalf of “The
Anything Trust, Declarant
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DECLARATION OF PAUL D. BOOTH
EXHIBIT A
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EXHIBIT A
DocuSign Envelope ID: 762659B9-CB0C-434E-AED3-842C3B62D6C7
A CALIFORNIA — pepRESENTATIVE CAPACITY SIGNATURE DISCLOSURE
@& Oy ASSOCIATION (FOR SELLER REPRESENTATIVES)
ey OF REALTORS® (C.A.R. Form RCSD-S, Revised 6/16)
This form is not an assignment. It should not be used to add new parties after a contract has been formed. The
purpose of this form is to identify who the principal is in the transaction and who has authority to sign
documents on behalf of the principal.
This is a disclosure to the Purchase Agreement or Listing Agreement, OR [_] Other
dated 08/17/2016 , (“Agreement”),
for the property known as 200 Toyopa Drive ("Property"),
between Partners Trust ("Buyer’, {Xj Broker)
and The Anything Trust (“Seller”).
If a trust, identify Seller as the trustee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe,
co-trustee or Doe Revocable Family Trust 3.). Full name of trust should be identified in 1A below. If power of attorney,
insert principal's name as Seller.
1. [Xj]A. | TRUST: (1) The Property is held in trust pursuant to a trust document, titled (Full name of Trust) The Anything.
Trust . .
dated _10/12/2007.
(2) The person(s) signing below is/are Sole/Co/Successor Trustee(s) of the Trust.
{]8. ENTITY: Selfer is a [_|Corporation, | |Limited Liability Company, []Partnership [] Other: tt
which has authorized the officer(s), managing member(s), partner(s) or person(s) signing below to act on its
; behalf. An authorizing resolution of the applicable body of the entity described above rl is[ Jis not attached.
[_]c. POWER OF ATTORNEY: Seller (’Principal’) has authorized the person(s) signing below (“Attorney-In-Fact’,
"Power of Attorney” or "POA”) to act on his/her behalf pursuant to a General Power of Attorney
( {| Specific Power of Attorney for the Property), dated = ==. :zThis form is not a Power of
Attorney. A Power of Attorney must have already been executed before this form is used.
[]D. ESTATE: (1) Seller is an [_] estate, [_] conservatorship, or [_] guardianship identified by Superior Court Case
nameas : a , Case # _i,
(2) The person(s) signing below is/are court approved representatives (whether designated as Sole or
Co-Executor, Administrator, Conservator, Guardian) of the entity described in paragraph 1A1.
2. Seller's Representative represents that the trust, entity or power of attorney for which that Party is acting already exists.
Seller:
: 8/29/2016 | 12:38 PM PDT
By Paul 0 Bootle, Troster, Tha Mnutica Trust Date:
(Sign Name of Trustee, Officer, Managing Member, Partner, Attorney-in-Fact or Administrator/Executor)
(Print Representative Name) PAUL D BOOTH Title: TRUSTEE
By Date:
(Sign Name of Trustee, Officer, Managing Member, Partner, Attorney-in-Fact or Administrator/Executor)
(Print Representative Name) Title:
Acknowledgement of Receipt By Other Party:
(Listing Broker) PARTNERS TRUST peng 8/29/2016 | 11:56 AM PC
ByMadkison Hilditiard GIRA KTRKR PATRICK Ivar [Luawmau, Date:
(Buyer) __ Date:
(Print Buyer Name)
(Buyer) Date:
(Print Buyer Name)
© 2015-2016 Califoria Assorialion of REALTORS®, Inc, Uniled States copyright Jaw (Tille 1? U.S, Code) forbids the unauthorized distdbution, display and reproduction of this
form, or any portion thereof, by photocopy machine or any other means, including facsimile or cornputerized formats.
THIS FORM HAS BEEN APPROVED 8Y THE CAUFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ACCURACY OF ANY PROVISION JN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS, IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, {NC.
a subsidiary of the California Association of REALTORS® r
fea < |, 525 South Virgi Avenue, Los Angeles, California 90020 | Reviewed by Date |
RCSD-S REVISED 6/16 (PAGE 1 OF 1) meters
REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE {RCSD-S PAGE 1 OF 1} “wer
i Trust «The Matibu Life, 2440 Clytc Center Wap, Suite Ct Malitu, CA 90265 Phone 3t0XJB.S7AA Fax: 319,919.37Sh 20 Toy ops
The Madifi Life Team Madison Hildebeunt — Produced with zipFomm® by zipLogix 18070 Filleen Mile Road. Fraser Mictugan 48026 yayivaiph osix con
EXHIBIT B
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)ss.
COUNTY OF Los ANGELES +)
On Ocx ae\>> OF lore abe exageen A. Neve, Noreey Pei,
(here insert name and title of officer)
personally appeared GK Ago Lyd olk , personally ienown
¢te-me (or proved to me on the basis of satisfactory evidence) to be the persons) whose namefs)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/het/their authorized capacity4es), and that by his/herHhetr signatures) on the
instrument the personés), or the entity upon behalf of which the persons) acted, executed the
instrument.
WITNESS my hand and official seal.
RICHARD A. WELLER
ate, Commission # 1801519 -
Ke}} Notary Public - Callfomia
y Los Angeles County
” My Comm, ExpresJul 18,
12
31399615_1.DOC
Preview
Lited By Lax MICHAEL A.J. NANGANO (SBN 13399) LAW OFFICES OF MICHAEL A.J. NANGANO 133 No. Altadena Drive, Suite 403 FILED bh Pasadena, CA 91107 SUPERIOR COURT OF CALIFORNIA Phone: (626) 796-9998 COUNTY OF PLACER W Fax: (626) 796-9992 JAN 02 2019 kk Attorneys for Defendant(s) JAKE CHATTERS DWN EXECUTIVE O CLERK By: E.C , Deputy NN Oo SUPERIOR COURT OF THE STATE OF CALIFORNIA Oo IN AND FOR THE COUNTY OF PLACER 10 U 12 PACIFIC UNION INTERNATIONAL, Case No. S-CV 0042080 Ee INC., 13 Ree Ee Plaintiff, DECLARATION OF PAUL D. BOOTH 14 (in his capacity as Trustee of THE VS. ANYTHING TRUST DATED 15 OCTOBER 12, 2007) INSUPPORT OF ERIK LUDWICK, an individual AND MOTION FOR CHANGE OF VENUE 16 Settlor of The Anything Trust dated October 12, 2007; THE ANYTHING TRUST 17 DATED OCTOBER 12, 2007; PAUL D. Motion Date: fy 14 BOOTH, in his capacity as Trustee of The Dept: oz 18 ee Anything Trust Dated October 12, 2007; and Does 1 through 50, inclusive, CMC Date: March 12, 2019 19 Trial Date: None Set 20 ele Defendants. 21 22 23 24 25 26 27 28 l DECLARATION OF PAUL D. BOOTH I, Paul D. Booth, declare: bd 1. I am and/or was the Trustee of the named defendant in this action, THE ANYTHING Ww TRUST DATED OCTOBER 12, 2007 at the time the contract was entered into with the Be licensed real estate broker/agent and at the time of sale. I am named on the Complaint but I have nN not been served as an individual defendant but it is my understanding that I was served as ND Trustee of THE ANYTHING TRUST DATED OCTOBER 12, 2007. I make this declaration on my own personal knowledge, and if called to testify could competently testify thereto. Oo ie I am aware of the contract between the Plaintiff broker/agent and the Trust and trust Settlor oO 10 ERIK LUDWICK which consists of a California Association of Realtors ("CAR") form 11 "Residential Listing Agreement" ("Listing Agreement") consisting of 5-pages. 12 3. I signed this contract on Page-5 of the Listing Agreement as instructed by Settlor ERIK i LUDWICK. As trustee, I manage and administer the trust, but Mr. LUDWICK is a vested Settlor 14 and as such I follow his instructions as to all matters regarding the handling of all assets and/or real 15 property placed within the trust. 16 4. I signed the Listing Agreement electronically after receiving a copy by E-mail and I cannot 17 recall precisely where I was at the time that I signed the contract. When I signed the contract it was 18 at Mr. LUDWICK’s instruction and I understood that the contract had been negotiated by him. | 19 understood that he had agreed to the terms contained in the contract which was for the sale of real 20 property located in Los Angeles County. I understood that the entire contract was to be performed 21 in Los Angeles County. 22 5. I signed numerous documents related to the sale of the real property for which there is now 23 a dispute over the amount of commission owed to the Plaintiff. Each and every time, I received the 24 document to be signed electronically by E-mail and I signed each document electronically. I could 23 not accurately state where I was each and every time I signed a document relating to the sale of the 26 real property. 27 6. My acting as trustee and the holding of ownership of the real property by the trust were 28 disclosed to the broker/agent as noted and memorialized in the paragraph entitled "Representative 2 DECLARATION OF PAUL D. BOOTH Capacity" appearing just above the parties’ signatures, on Page-5 of 5 of the Listing Agreement and on the attached Page-6, which is the 1-Page CAR form entitled "Representative Capacity Signature PNY Disclosure (For Seller Representatives). This paragraph and accompanying form recognize that the W PROPERTY was "held in trust" for Mr. LUDWICK, the legal and named Settlor of the Trust. This BR signed and executed 1-Page document was and/or is part of the Listing Agreement but Plaintiff DWN failed to include it in Plaintiff Exhibit A to Plaintiff's Complaint. A true and correct copy of this "Page-6" to the Listing Agreement is attached hereto as Exhibit A. NN 7. I was not involved in any manner in the negotiations, agreement and/or finalizing of the Oo Listing Agreement between Mr. LUDWICK and Madison Hildebrand who was acting on behalf Oo of the Plaintiff. It was and/or is my understanding that when the listing agreement contract was OC negotiated, agreed upon and entered into was engaged in and/or done so solely by Mr. LUDWICK KY and Madison Hildebrand on behalf of "Partner's Trust" the previous corporate/business entity to NPY Plaintiff. Further Mr. LUDWICK is also the Trustor (i.e. the creator of the Trust) as well as the WD vested Settlor of THE ANYTHING TRUST DATED OCTOBER 12, 2007. Attached as Exhibit BP mw B is a true and correct copy of the “Acknowledgment” signed by Mr. LUDWICK and notarized vA on October 12, 2007 in Los Angeles County creating the Trust. DB 8. It was and is my understanding that any and all activities leading up to and including the RR nN contractual agreement being entered into as well as the performance occurred and/or were to occur TB in Los Angeles County. ODO mR 9, I am aware that the CAR Listing Agreement on page-1 states that it is an "exclusive and TD KROHN irrevocable right to sell or exchange" real property "described as 200 Toyota Drive situated in | Pacific Palisades (City), Los Angeles (County) California 90272" (herein also referred to as "the NYO KN PROPERTY") and goes on to provide the Parcel Number to further identify the Property provides PC W the Court with the prima facie the place where the contract was made, agreed to and/or performed. FSP HN 10. Nothing related to the formation and/or the performance occurred anywhere other than in Los HPO UO Angeles County. HD NO 11. Although I reside in the city of Granite Bay, California in Placer County, again, it was and/or nNI pO is my understanding that any and all transactions that I would be and/or were involved with on oOo BO 3 DECLARATION OF PAUL D. BOOTH behalf of Mr. LUDWICK and the THE ANYTHING TRUST DATED OCTOBER 12, 2007 & were to occur in Los Angeles County and that the Trust was created and formed in Los Angeles PB County. WwW 12. Itis also my understanding that the office of the real estate broker/agent (23410 Civic Center BP Way, Cl, Malibu, California 90265) where Madison Hildebrand, the real estate agent worked and WNW contracted on behalf of the broker were in Los Angeles County. DH 13. I never requested nor represented nor made any statement that the contract with the Plaintiff NY was related in any manner to the place of my residence when everything involving the contract was COMO accomplish, done, entered into and performed in Los Angeles County. There were never any discussions that would have had me considering that any legal action would have been brought in OS Placer rather than Los Angeles County. —- RR 14. As the trustee I merely provide the signature to the listing agreement (in the capacity and as HNO disclosed and stated herein in the previous Paragraphs of this declaration). I signed the contract at Re WO Mr. LUDWICK’s direction and only after he had negotiated the terms and conditions for such FP agreements, and only after he had agreed to all such terms and/or conditions. DA 15. Irespectfully request and assert that the Plaintiff Broker/Agent actions in filing this matter Rr in Placer County have done so in bad faith and have breached their fiduciary duties by trying to NHI improperly elevate my signature to the "premier" occurrence of this contract when it should not be BH eR so; and, are doing so in an attempt to further injure and/or damage Mr. LUD WICK by having this Oo matter litigated in this remote location to the subject matter, real property and/or performance of the TD RO contract giving rise to this dispute, as well as for every other witness in the matter but myself. KF KN When and if it ever becomes necessary, it would not be a hardship to me and/or any other party for NO NY me to attend to this matter in Los Angeles County in a Superior Court of appropriate venue and/or PO W jurisdiction. Ff HN 16. believe that Plaintiff has attempted to have this matter tried in Placer County because it will Wn HN be inconvenient for the Defense, and, much more difficult and/or even impossible at times to defend PN NWO and/or respond to this action by both the Trust and Mr. LUDWICK. I further believe and assert wo that Plaintiff has filed this action in Placer County hoping to delay and/or prevent the likely negative Co NO 4 DECLARATION OF PAUL D. BOOTH publicity Plaintiff faces in Los Angeles County for suing a client for a 6% commission on the sale of a residential property for more than $16 million dollars when that is not consistent with industry NY standards and/or practices. Rather it represents a commission fee for an amount especially in a dual YW agency capacity that is not charged, not requested, not sought, and/or not received. ee 17. On Page-5 of 5 of the Listing Agreement I signed confirming that the contract was to be WN performed in Los Angeles County for a property located therein, and states: "Seller acknowledges DBD that Seller has read, understands received a copy of and agrees to the terms of this agreement." SN Beneath the Seller's signature is the signature of Madison Hildebrand in accordance with the eo contract between them, also approved and accepted by the Plaintiff. \o 10 18. Although the contract was forwarded to me electronically by E-mail in Placer County, the 11 contract was and is clearly entered into in Los Angeles County and to be performed in Los Angeles 12 County. Thus, the Trust’s obligations, the defense's obligation were incurred there and any breach 13 as alleged by Plaintiff would have occurred in Los Angeles County, as well. 14 19. Respectfully, I assert and present to the Court that any and all the obligations under the 15 contract were to be performed in Los Angeles County and have no ties whatsoever with and/or in 16 Placer County; and there is no special contract and/or terms to any contract so stated in writing to 17 the contrary. Additionally, any examination of the contract shows no such special contract terms 18 to the contrary, nor any statement as to where defendant's obligation to pay was to be performed 19 other than Los Angeles County. 20 20. The Plaintiff argues that under California Probate Code that my mere act as Trustee in 21 signing the contract, which was signed electronically by me, should be the sole determining factor 22 to conclude and have this action tried in Placer County; Plaintiff's argument is not in the best 23 interests of justice and/or equity, but rather improperly elevates form over substance. | represent 24 and herein declare that nothing related to this contract other my mere signing of the contract 25 occurred outside of Los Angeles County. 26 21. There are no obligations of either party relevant in this action that arise and/or occur outside 27 of Los Angeles County. There is no express language and/or any expressed condition to the contract 28 either in writing and/or orally to the contrary to alter that the county in which the obligation is 5 DECLARATION OF PAUL D. BOOTH ~ | Dec 31 2018 02:35PM HP Fax 5302v., 322 page 4 wherein contract was entered into, without any special provision in writing we to the contrary, as well as, the County where performance of the contract was to take place DpH is the proper County for venue and/or trial of this matter, of this dispute. Granting the Defense's request wD for change of venue will also insure that this action proceeds in the County where it is most FB convenient for all including all wittiesses, WN ND I declare under penalty of perjury under the laws of California that the foregoing is true and correct. Executed on this 31% day of December, 2018, in © Granite Bay, California. Oo aanakraoapnptese By: P /D, TH, as Trustee on behalf of “The Anything Trust, Declarant LCL HEE Sear Bw ww HEP NY YN FP YP eMPB RS RB 7 DECLARATION OF PAUL D. BOOTH EXHIBIT A o~ — EXHIBIT A DocuSign Envelope ID: 762659B9-CB0C-434E-AED3-842C3B62D6C7 A CALIFORNIA — pepRESENTATIVE CAPACITY SIGNATURE DISCLOSURE @& Oy ASSOCIATION (FOR SELLER REPRESENTATIVES) ey OF REALTORS® (C.A.R. Form RCSD-S, Revised 6/16) This form is not an assignment. It should not be used to add new parties after a contract has been formed. The purpose of this form is to identify who the principal is in the transaction and who has authority to sign documents on behalf of the principal. This is a disclosure to the Purchase Agreement or Listing Agreement, OR [_] Other dated 08/17/2016 , (“Agreement”), for the property known as 200 Toyopa Drive ("Property"), between Partners Trust ("Buyer’, {Xj Broker) and The Anything Trust (“Seller”). If a trust, identify Seller as the trustee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust 3.). Full name of trust should be identified in 1A below. If power of attorney, insert principal's name as Seller. 1. [Xj]A. | TRUST: (1) The Property is held in trust pursuant to a trust document, titled (Full name of Trust) The Anything. Trust . . dated _10/12/2007. (2) The person(s) signing below is/are Sole/Co/Successor Trustee(s) of the Trust. {]8. ENTITY: Selfer is a [_|Corporation, | |Limited Liability Company, []Partnership [] Other: tt which has authorized the officer(s), managing member(s), partner(s) or person(s) signing below to act on its ; behalf. An authorizing resolution of the applicable body of the entity described above rl is[ Jis not attached. [_]c. POWER OF ATTORNEY: Seller (’Principal’) has authorized the person(s) signing below (“Attorney-In-Fact’, "Power of Attorney” or "POA”) to act on his/her behalf pursuant to a General Power of Attorney ( {| Specific Power of Attorney for the Property), dated = ==. :zThis form is not a Power of Attorney. A Power of Attorney must have already been executed before this form is used. []D. ESTATE: (1) Seller is an [_] estate, [_] conservatorship, or [_] guardianship identified by Superior Court Case nameas : a , Case # _i, (2) The person(s) signing below is/are court approved representatives (whether designated as Sole or Co-Executor, Administrator, Conservator, Guardian) of the entity described in paragraph 1A1. 2. Seller's Representative represents that the trust, entity or power of attorney for which that Party is acting already exists. Seller: : 8/29/2016 | 12:38 PM PDT By Paul 0 Bootle, Troster, Tha Mnutica Trust Date: (Sign Name of Trustee, Officer, Managing Member, Partner, Attorney-in-Fact or Administrator/Executor) (Print Representative Name) PAUL D BOOTH Title: TRUSTEE By Date: (Sign Name of Trustee, Officer, Managing Member, Partner, Attorney-in-Fact or Administrator/Executor) (Print Representative Name) Title: Acknowledgement of Receipt By Other Party: (Listing Broker) PARTNERS TRUST peng 8/29/2016 | 11:56 AM PC ByMadkison Hilditiard GIRA KTRKR PATRICK Ivar [Luawmau, Date: (Buyer) __ Date: (Print Buyer Name) (Buyer) Date: (Print Buyer Name) © 2015-2016 Califoria Assorialion of REALTORS®, Inc, Uniled States copyright Jaw (Tille 1? U.S, Code) forbids the unauthorized distdbution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or cornputerized formats. THIS FORM HAS BEEN APPROVED 8Y THE CAUFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION JN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS, IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, {NC. a subsidiary of the California Association of REALTORS® r fea < |, 525 South Virgi Avenue, Los Angeles, California 90020 | Reviewed by Date | RCSD-S REVISED 6/16 (PAGE 1 OF 1) meters REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE {RCSD-S PAGE 1 OF 1} “wer i Trust «The Matibu Life, 2440 Clytc Center Wap, Suite Ct Malitu, CA 90265 Phone 3t0XJB.S7AA Fax: 319,919.37Sh 20 Toy ops The Madifi Life Team Madison Hildebeunt — Produced with zipFomm® by zipLogix 18070 Filleen Mile Road. Fraser Mictugan 48026 yayivaiph osix con EXHIBIT B ACKNOWLEDGMENT STATE OF CALIFORNIA ) )ss. COUNTY OF Los ANGELES +) On Ocx ae\>> OF lore abe exageen A. Neve, Noreey Pei, (here insert name and title of officer) personally appeared GK Ago Lyd olk , personally ienown ¢te-me (or proved to me on the basis of satisfactory evidence) to be the persons) whose namefs) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/het/their authorized capacity4es), and that by his/herHhetr signatures) on the instrument the personés), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. RICHARD A. WELLER ate, Commission # 1801519 - Ke}} Notary Public - Callfomia y Los Angeles County ” My Comm, ExpresJul 18, 12 31399615_1.DOC