Motion for Judicial Notice in Pacific Union International, Inc. vs. Ludwick, Erik et al| Trellis.Law

On November 07, 2018 a Request,Application was filed involving a dispute between Pacific Union International, Inc., and Booth, Paul D., Trustee Of The Anything Trust, Erik Ludwick, The Anything Trust Dated Oct. 12, 2007, for Civil-Roseville in the District Court of Placer County.

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ELECTRONICALLY FILED
Superior Court of California,
County of Placer
SHANNON B. JONES LAW GROUP, INC 07/30/2020
By: Laurel Sanders, Deputy Clerk
SHANNON B. JONES (Bar No. 149222)
sbj@sbj-law.com
LINDSEY A. MORGAN (Bar No. 274214)
lam@sbj-law.com
208 W. El Pintado Road
Danville, California 94526
Telephone: (925) 837-2317
Facsimile: (925) 837-4831

Attorneys for Plaintiff
PACIFIC UNION INTERNATIONAL, INC.

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

10 IN AND FOR THE COUNTY OF PLACER

11 PACIFIC UNION INTERNATIONAL, INC., ) Case No. SCV0042080

12 Plaintiff, PACIFIC UNION INTERNATIONAL,
13 Vv.
INC.’S REQUEST FOR JUDICIAL
NOTICE IN SUPPORT OF OPPOSITION
14 ERIK LUDWICK, an individual and TO DEFENDANTS’ MOTION FOR
beneficiary of The Anything Trust Dated SUMMARY JUDGMENT
15 October 12, 2007; THE ANYTHING TRUST
DATED OCTOBER 12, 2007; PAUL D.
16 BOOTH, in his capacity as trustee of The
Date: August 13, 2020
Anything Trust Dated October 12, 2007; and
17 DOES 1-50, Time: 8:30 a.m.
Dept: 42
18 Defendants.

19 Complaint Filed: November 7, 2018
Trial Date: September 21, 2020
20

21 Pursuant to Evidence Code Sections 452(d), 452(h) and 453 and California Rules of

22 Court Rule 3.1350 et seq., plaintiff PACIFIC UNION INTERNATIONAL, INC. (“Pacific Union’)

23 respectfully request that the Court take judicial notice of the following:

24 1 A copy of Plaintiff's Complaint for: 1) Breach of Contract; 2) Breach of

25 the Implied Covenant of Good Faith and Fair Dealing; 3) Common Counts; 4) Intentional

26 Interference with Contractual Relations; 5) Intentional Interference with Prospective Economic

27 Advantage; 6) Intentional Misrepresentation; 7) Specific Performance; and 8) Declaratory Relief

28 filed November 7, 2018 (Pacific Union International, Inc. v. Erik Ludwick, et al., Placer County

PACIFIC UNION’S REQUEST FOR JUDICIAL NOTICE ISO OPPOSITION TO DEFENDANTS’ MSJ
Superior Court number SCV 0042080), a true and correct copy of which is attached hereto as

Exhibit 11.

2 The order dated February 28, 2019 Denying Defendants’ Motion to Transfer

Venue (Pacific Union International, Inc. v. Erik Ludwick, et al., Placer County Superior Court

number SCV 0042080), a true and correct copy of which is attached hereto as Exhibit 12.

3 The order dated June 3, 2019 Denying Defendants’ Demurrer to Complaint

(Pacific Union International, Inc. v. Erik Ludwick, et al., Placer County Superior Court number

SCV 0042080), a true and correct copy of which is attached hereto as Exhibit 13.
4 The Declaration of Nicholas Segal in Support of Pacific Union International,

10 Inc.’s Motion for Summary Judgment, or, Alternatively, Summary Adjudication of Issues dated

11 June 3, 2020 and filed on June 5, 2020 in this action, a true and correct copy of which is attached

12 hereto as Exhibit 14.

13 5 The Declaration of Madison Hildebrand in Support of Pacific Union

14 International, Inc.’s Motion for Summary Judgment, or, Alternatively, Summary Adjudication of

15 Issues dated June 4, 2020 and filed on June 5, 2020 in this action, a true and correct copy of which

16 is attached hereto as Exhibit 15.

17
Dated: July 40, 2020
18 SHANNON B. JONES LAW GROUP, INC.
19

20 By,
et
Wh) k.
IN BNIONES
21 Attorney: r Plaintiff,
PACIFIC UNI TIONAL, INC.
22

28
5
PACIFIC UNION’S REQUEST FOR JUDICIAL NOTICE ISO OPPOSITION TO DEFENDANTS: MSJ
Exhibit 11
SHANNON B. JONES LAW GROUP, INC D
Superior Court of C; al
ltornia
SHANNON B. JONES (Bar No. 149222) Sunty of Pia, cer
sbj@sbj-law.com NOV 07 2018
LINDSEYA. MORGAN (Bar No. 274214)
Jam@sbj-law.com dake ©
precutive ona atters
208 W. El Pintado Road yi ber& Clerk
ucatuo, rto, » Deputy
Danville, California 94526
Telephone: (925) 837-2317
Facsimile: (925) 837-4831

Attorneys for Plaintiff
PACIFIC UNION INTERNATIONAL, INC.

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA.

10 IN AND FOR THE COUNTY OF PLACER

11 PACIFIC UNION INTERNATIONAL, INC ) Case No.
12 Plaintiff,
PLAINTIFF’S COMPLAINT FOR
13 Vv. 1 BREACH OF CONTRACT;
14 ERIK LUDWICK, an individual and
beneficiary of The Anything Trust Dated
2. BREACH OF THE IMPLIED
15 October 12, 2007; THE ANYTHING TRUST COVENANT OF GOOD FAITH
DATED OCTOBER 12, 2007; PAUL D. AND FAIR DEALING
16 BOOTH, in his capacity as trustee of The
Anything Trust Dated October 12, 2007; and COMMON COUNT;
V7 DOES 1-50
18 INTENTIONAL INTERFERENCE
Defendants
WITH CONTRACTUAL
19 RELATIONS:
20 INTENTIONAL INTERFERENCE
21 WITH PROSEPCTIVE ECONOMIC
ADVANTAGE:
22
INTENTIONAL
23 MISREPRESENTATION
24
SPECIFIC PERFORMANCE; and
25
DECLARATORY RELIEF
26

27
Plaintiff PACIFIC UNION INTERNATIONAL, INC. (“Plaintiff”) complains and
28 alleges as follows: BY FAX

Se
COMPLAINT FOR DAMAGES
GENERAL ALLEGATIONS
1 Plaintiff Pacific Union International, Inc. is, and at all relevant times

herein was, a California corporation doing business throughout California, including in both Los

Angeles County and Placer County, as a California licensed real estate brokerage firm.

2 During the events described in this Complaint, but before a successful

offer to purchase the property was submitted, Pacific Union acquired the Partners Trust on

August 2, 2017. The two brokerages are collectively referred to in this Complaint as “Pacific

Union.” As part of this acquisition, Pacific Union became the owner of the contract described
herein and attached to this Complaint.
10 3 Defendant Erik Ludwick (“Ludwick”) is an individual and the beneficiary

ll of The Anything Trust Dated October 12, 2007. On information and belief, Ludwick resides in

12 Los Angeles County, California.

13 4 On information and belief, Defendant The Anything Trust Dated October

14 12, 2007 (“Trust”) is a revocable living trust instrument operating with Ludwick as its settlor and

15 beneficiary.

16 5 Defendant Paul D. Booth (“Trustee”) is the owner and principal of Delta

17 Wealth Management (“Delta”) and is the Trustee of the Trust. On information and belief,

18 Trustee resides in and administers the Trust from Delta’s office in Granite Bay, in Placer County,

19 California.

20 6 Defendants Does | through 50, inclusive, are sued herein under fictitious

21 names. Their true names and capacities are unknown to Plaintiff. When their true names and

22 capacities are ascertained, Plaintiff will amend this Complaint by inserting their true names and

23 capacities herein. Plaintiff is informed and believes, and thereon alleges, that each of the

24 fictitiously named defendants is responsible in some manner for the occurrences alleged herein,

25 and that Plaintiff's damages were proximately caused by those defendants.
7
26 Plaintiff is informed and believes, and on that basis alleges, that, at all

27 times herein mentioned, Defendants and Does 1 through 50, inclusive, and each of them, were

28 agents, servants and employees of their co-defendants, and in doing the things hereinafter alleged

2
—
COMPLAINT FOR DAMAGES,
were acting in the scope and authority as such agents, servants, and employees, and with the

permission and consent of their co-defendants.

8 Defendants, including Does 1-50, are collectively referred to as

“Defendants.”

9 Jurisdiction and venue are proper in this judicial district pursuant to

California Code of Civil Procedure Section 395(a) and California Probate Code Section

17002(a). The principal place of administration of the Trust, where the day-to-day activity of the

Trust is carried on by the Trustee, is in Granite Bay, in Placer County.

10. On or about August 29, 2016, Trustee on behalf of the Trust executed a

10 Residential Listing Agreement (the “Contract”) with Plaintiff and Plaintiff's agents for the sale

11 of real property located at 200 Toyopa Drive, Pacific Palisades, Los Angeles County, California

12 90272, assessor’s parcel no. 4411-026-001 (the “Property”). A true and correct copy of the

13 Contract is attached hereto as “Exhibit A”.

14 11. The Contract agreed to an initial listing price for the Property of Twenty

15 Million Dollars ($20,000,000), with a term from September 1, 2016 through February 28, 2017.

16 The Contract set Plaintiffs compensation at six percent (6%) of the Property’s sales price if:

17 “during the Listing Period, or any extension, Broker, cooperating broker, Seller or any other

18 person procures a ready willing, and able buyer whose offer to purchase the Property on any

19 price and terms is accepted by Seller...” (Contract, Ex. A, § 3A(1).) The Contract also provided

20 that Plaintiff would be due a commission if, “within 180 calendar days (a) after the end of the

21 Listing Period or any extension; or (b) after any cancellation of this Agreement,..., Seller enters

22 into a contract to sell, convey, lease or otherwise transfer the Property to anyone (‘Prospective

23 Buyer’) or that person’s related entity: (i) who physically entered and was shown the Property

24 during the Listing Period or any extension by Broker or a cooperating broker; or (ii) for whom

25 broker or any cooperating broker submitted to Seller a signed, written offer....” but only if

26 Broker submitted to Seller a written list of Prospective Buyers “not later than the end of the

27 Listing Period or any extension...” (Contract, Ex. A, § 3A(2).)

3
COMPLAINT FOR DAMAGES
12. The Contract provides, “Seller hereby irrevocably assigns to Broker the

above compensation from Seller’s funds and proceeds in escrow.” (Contract, Ex. A, J 3E.)

13. On February 23, 2017, the Contract was modified to extend the term to

August 31, 2017 and to reduce the listing price to Nineteen Million, Five Hundred Thousand

($19,500,000). On June 9, 2017, the Contract was modified to reduce the Property’s listing price

to Eighteen Million Eight Hundred and Eighty Thousand Dollars ($18,880,000). On July 7,

2017, the Contract was again modified to reduce the Property’s listing price to Sixteen Million

Eight Hundred and Eighty Thousand Dollars ($16,880,000). True and correct copies of these

executed modifications to the Contract are attached hereto as “Exhibit B.”

10 14. Plaintiff performed all of its obligations under the Contract. Plaintiff and
11 its agents listed the Property for sale, energetically marketed it with professional insight and
12 knowledge of the local market for over a year, and procured a qualified buyer.

13 15. On August 24, 2017, buyer Behdad Eghbali (“Buyer”) made an initial

14 offer to purchase the Property.

15 16. On August 31, 2017, pursuant to the terms of the Contract, Plaintiff

16 provided an exclusion list of Prospective Buyers to Defendants. Mr. Eghbali’s name appeared

17 on the exclusion list.

18 17. On September 13, 2017, Buyer submitted a new offer to purchase the

19 Property, this time offering Sixteen Million, Three Hundred Thousand Dollars ($16,300,000).

20 This offer was ultimately accepted by the Trust.

21 18. Because Buyer was listed on the exclusion list of potential buyers Plaintiff

22 provided to Defendants on August 31, 2017, and because Buyer was a potential purchaser who

23 made an initial offer prior to the expiration date ofthe listing agreement on August 31, 2017,

24 Plaintiff is entitled to a commission of six percent (6%) of the sale price of the Property pursuant

25 to the Paragraph 3 of the Contract.

26 19. Ludwick and Trustee did not agree that Plaintiff was entitled to a six

27 percent (6%) commission from the proceeds of the completed transaction.

4
COMPLAINT FOR DAMAGES
20. The escrow company used for the transaction was Title Resource Group,

LLC dba Terra Coastal Escrow, Inc. (“Escrow”), a Delaware corporation doing business in Los

Angeles County, California.

21. On September 20, 2017, Escrow requested that Defendants sign

instructions releasing the commission owed to Plaintiff. Ludwick refused in a reply email.

Ludwick then communicated to Plaintiff that Ludwick disagreed with Escrow’s calculation of

the percentage of the sale price owed to Plaintiff under the Contract. On information and belief,

between September 20, 2017 and November 9, 2017, Ludwick instructed the Trustee to refuse to

pay Plaintiff a commission unless Plaintiff lowered the amount Plaintiff would accept for the
10 services provided under the Contract.

11 22. On November 9, 2017, escrow on the Property closed and Buyer took title

12 to the Property. The listing commission due to Plaintiff, who represented both Buyer and Seller

13 in the transaction, was six percent (6%) under the Contract, or Nine Hundred Seventy Eight

14 Thousand Dollars ($978,000) (the “Commission”).

15 23. On November 9, 2017, Trustee, a registered investment advisor and

16 principal of Delta Wealth Management, sent Escrow an email from his Delta email address

17 (pbooth@deltawealthmanagement.com). Trustee’s email instructed Escrow: “As there is a

18 dispute regarding commission for 200 Toyopa, please hold 6% of proceeds until the dispute is

19 resolved.”

20 24. On information and belief, Escrow complied with Trustee’s request, and

21 the Nine Hundred Seventy Eight Thousand Dollar ($978,000) Commission remains in the

22 Escrow account.

23 25. As of the filing of this Complaint, nearly a year after the completion of the

24 sale and the close of escrow, Plaintiff has not received any commission for the work listing and

25 selling the Property performed under the Contract.

26 26. Trust owes Plaintiff the Commission.

27 27. Escrow has held and continues to hold the Commission at the direction of

28 Trustee.

5
COMPLAINT FOR DAMAGES
28. Ludwick and Trustee have and continue to negligently, wrongfully, and in

bad faith prevent Plaintiff from receiving the Commission from Escrow.

FIRST CAUSE OF ACTION — BREACH OF CONTRACT
(AGAINST TRUST, TRUSTEE AND DOES 1-50)

29. Plaintiff alleges and incorporates herein by this reference paragraphs |

through 28 of this Complaint, as if fully set forth herein.

30. Plaintiff and Trust, by and through Trustee, entered into a written contract

on or about September 29, 2016. The terms of that Contract were modified on February 23,

2017, June 9, 2017, and July 7, 2017. (True and correct copies of the Contract and modifications

10 are attached hereto as Exhs. A and B.)

11 31. Plaintiff has performed all of the things Plaintiff was required to do

12 pursuant to the Contract. Plaintiff listed and energetically marketed the Property for over a year,

13 procured a qualified buyer, and accomplished the transfer of ownership of the Property from

14 Trust to Buyer.

15 32. Trust and Trustee breached the Contract by refusing to pay Plaintiff as

16 agreed in the Contract. Instead, Trust and Trustee have forced the Commission to sit in an

17 escrow account, ensuring Plaintiff is not paid any commission at all for the work Plaintiff

18 performed under the Contract.

19 33. As a direct and proximate result of the breaches by the Trust and Trustee,

20 Plaintiff has been and continues to be damaged.

21 34, Plaintiff prays for judgment against the Trust and Trustee in an amount to

22 be proven at time of trial.

23 SECOND CAUSE OF ACTION — BREACH OF IMPLIED COVENANT OF
GOOD FAITH AND FAIR DEALING
24
(AGAINST TRUST, TRUSTEE AND DOES 1-50)
25
355 Plaintiff alleges and incorporates herein by this reference paragraphs 1
26
through 34 of this Complaint, as if fully set forth herein.
27
36. As part of the Contract between Plaintiff and Trust, by and through its
28
Trustee, there existed a covenant of good faith and fair dealing that the parties to the Contract
6
COMPLAINT FOR DAMAGES
would not do anything to impair the benefits of the bargain that existed at all times in the

relationship between Plaintiff and Trust, by and through Trustee.

37. Trust and Trustee breached the implied covenant of good faith and fair

dealing, as alleged in the preceding paragraphs, by failing to perform their obligations under the

Contract.

38. As a direct and proximate result of the breach of the implied covenant of

good faith and fair dealing, Plaintiff has suffered damages and continue to suffer damages.

39. Plaintiff prays for judgment against Trust and Trustee in an amount to be

proven at time of trial.

10 THIRD CAUSE OF ACTION ~- COMMON COUNTS

11 (AGAINST TRUST, TRUSTEE and DOES 1-50)

12 40. Plaintiff alleges and incorporates herein by this reference paragraphs |

13 through 39 of this Complaint, as if fully set forth herein.

14 As alleged herein, Plaintiff and Trust, by and through Trustee, entered into
41.
15
a Contract whereby Plaintiff agreed to perform services for the benefit of Trust and Trustee, as
16
alleged in the preceding Paragraphs.
17
42. Plaintiff performed the services requested by Trust and Trustee, including
18

19 listing and marketing the Property for sale, procuring a willing buyer, and completing the

20 transfer of the ownership of the Property from the Trust to the buyer.

21 43. Trust and Trustee have not paid Plaintiff for Plaintiffs services.
22
44. The reasonable value of the services provided by Plaintiff is Nine Hundred
23
Seventy Eight Thousand Dollars ($978,00), plus interest that has accrued since the close of
24
escrow on November 9, 2017.
25 Plaintiff prays for damages against the Trust and Trustee in an amount to
45.
26
be proven at time of trial.
27
/T/
28
//1
7
COMPLAINT FOR DAMAGES
FOURTH CAUSE OF ACTION- INTENTIONAL INTERFERENCE
WITH CONTRACTUAL RELATIONS
(AGAINST LUDWICK AND DOES 1-50)
46. Plaintiff alleges and incorporates herein by this reference paragraphs |

through 45 of this Complaint, as if fully set forth herein.

47. A Contract exists between Plaintiff and Trust, by and through Trustee, as

alleged in the preceding paragraphs of this Complaint.

48. Ludwick actively knew about and participated in the performance of the

Contract. He frequently communicated with Plaintiff and Trustee about the marketing and sale

of the Property during the term of the Contract.
10
49. On information and belief, Ludwick instructed Trustee that Trust and
11
Trustee were not to perform their obligations to Plaintiff under the Contract.
12
50. Ludwick refused to sign commission payment instructions requested by
13
the escrow officer, further preventing performance of the Contract or at least making
14
performance more difficult.
15
51. Ludwick intended to ensure Plaintiff would not receive the Commission
16
described in the Contract, and knew that by instructing the Trustee to withhold payment of the
17
Commission, disruption of performance was substantially certain to occur.
18
52. As a result of Ludwick’s actions, Plaintiff has not received payment of the
19
Commission and was harmed.
20
53. Ludwick’s conduct described herein was a substantial factor in causing
21
Plaintiffs harm.
22
54. Plaintiff prays for judgment against Ludwick in an amount to be proven at
23
the time of trial.
24
FIFTH CAUSE OF ACTION — INTENTIONAL INTERFERENCE WITH
25 PROSPECTIVE ECONOMIC ADVANTAGE

26 (AGAINST LUDWICK AND DOES 1-50)
55. Plaintiff alleges and incorporates herein by this reference paragraphs |
27
through 54 of this Complaint, as if fully set forth herein.
28

8
COMPLAINT FOR DAMAGES
56. A Contract exists between Plaintiff and Trust, by and through Trustee, as

alleged in the preceding paragraphs of this Complaint, by which Plaintiff had the probability of

earning a significant amount of money for Plaintiffs work selling the Property.

Sil. Ludwick actively knew about and participated in the performance of the

Contract. He frequently communicated with Plaintiff and Trustee about the marketing and sale

of the Property during the term of the Contract.

58. On information and belief, Ludwick instructed Trustee that Trust and

Trustee were not to perform their obligations to Plaintiff under the Contract.

59. Ludwick refused to sign commission payment instructions requested by

10 the escrow officer, intentionally seeking to disrupt the relationship between Plaintiff and the
11 Trust, by and through its Trustee.

12 60. On information and belief, Ludwick directed the Trustee to withhold

13 approval of the Commission payment to Plaintiff.

14 61. Ludwick’s behavior was an intentional attempt to reduce Plaintiffs

15 contractually agreed-upon compensation.
16 62. As a result of Ludwick’s actions, Plaintiff has not received payment of the
17 Commission, or any payment at all for Plaintiff's work listing, marketing, and selling the

18 Property.
19 63. Plaintiff prays for judgment against Ludwick in an amount to be proven at

20 the time of trial.
21 SIXTH CAUSE OF ACTION — INTENTIONAL MISREPRESENTATION
22 (AGAINST TRUST, TRUSTEE AND DOES 1-50)
23 64. Plaintiff alleges and incorporates herein by this reference paragraphs |

24 through 63 of this Complaint, as if fully set forth herein.
25 65. Trustee, on behalf of Trust, signed the Contract with Plaintiff. By signing
26 the Contract, Trustee represented to Plaintiff that Trustee agreed to pay Plaintiff a commission of

27 six percent (6%) of the sale price of the Property.

9
COMPLAINT FOR DAMAGES
66. As demonstrated by the later conduct of Trustee, who refused to pay the

Commission, the representation that Trustee agreed to pay Plaintiff a commission of six percent

(6%) was false, and Trustee knew when he signed the Contract on behalf of Trust that he had no

intention of approving a payment of six percent (6%) of the sale proceeds to Plaintiff.

67. Trustee signed the Contract and represented to Plaintiff that he would

approve the Commission payment only to entice Plaintiff to agree to list and market the Property

At the time Plaintiff entered into the Contract, the Property had been languishing on the market.

Trustee knew the Property needed the experience, local knowledge, relationships and vibrant

personalities of Plaintiff and its agents to proceed with a successful sale.
10 68. Plaintiff reasonably relied on the terms of the written Contract and

11 believed Plaintiff would be paid a Commission pursuant to the terms of the Contract.

12 69. Plaintiff spent a significant amount of time and money guiding the

13 Property through a successful listing and marketing period and transaction to change ownership,

14 as they agreed to do in the Contract.

15 70. Plaintiff has not recovered a dollar of the agreed Commission. Plaintiff

16 was harmed and continues to be harmed by Trustee’s misrepresentation.

17 71. Plaintiff's reliance on Trustee’s representation that Plaintiff would be paid

18 a commission of six percent (6%) is the only reason Plaintiff entered in to the Contract.

19 72. Plaintiff prays for judgment against Trustee in an amount to be proven at

20 time of trial.

21 SEVENTH CAUSE OF ACTION — SPECIFIC PERFORMANCE

22 (AGAINST LUDWICK, TRUST, AND TRUSTEE)

23 723. Plaintiff alleges and incorporates herein by this reference paragraphs 1

24 through 72 of this Complaint, as if fully set forth herein.

25 74. Plaintiff and the Trust, by and through its Trustee, entered into a valid

26 Contract by which Trustee agreed to pay Plaintiff six percent (6%) of the purchase price of the

27 Property.

28 75. Plaintiff performed all of Plaintiff's obligations under the Contract.

10
~ COMPLAINT FOR DAMAGES
76. The Commission set out in the Contract remains in an escrow account,

blocked from being released by the specific direction of Trustee and the refusal of Ludwick to

sign commission release instructions.

77. On information and belief, Ludwick directs the Trustee with respect to all

real property decisions pursuant to the provisions of the Trust and instructed the Trustee not to

approve release of the Commission.

728. The continued and wrongful refusal of Ludwick, Trustee, and the Trust to

release the Commission from escrow has caused significant injury to Plaintiff, who spent over a

year performing Plaintiffs obligations under the Contract and has received no compensation in

10 return. Plaintiff performed under the Contract and simply seeks that Defendants also perform.

11 79. As the Commission is already in escrow, simply awarding Plaintiff other

12 damages is not an adequate remedy at law. Plaintiff has specific instructions in place with the

13 escrow company for the treatment of commissions which would be difficult or impossible to

14 replicate if Plaintiff simply received a check for the amount of the Commission outside of the

15 context of the sale. In addition, the tax consequences of obtaining a damages award instead of

16 simply requiring Defendants to perform are potentially quite complicated, and Plaintiff may be

17 damaged by improper tax treatment of the funds unless Plaintiff obtains the Commission as

18 agreed under the Contract.

19 80. Plaintiff prays for judgment ordering Trust and Trustee to specifically

20 perform their obligations under the Contract, including:

21 a. That the Trustee, on behalf of the Trust, direct the escrow officer holding

22 the Commission to allow payment of the Commission to Plaintiff; and

23 That Ludwick to direct the Trustee to release the Commission to Plaintiff

24 from escrow, to the extent Trustee requires Ludwick’s approval of the

25 Commission in order to perform Trust and Trustee’s obligations under the

26 Contract.

27 //1

28 //1

i
COMPLAINT FOR DAMAGES
EIGHTH CAUSE OF ACTION - DECLARATORY RELIEF
(AGAINST LUDWICK, TRUST, AND TRUSTEE)

81. Plaintiff alleges and incorporates herein by this reference paragraphs |

through 80 of this Complaint, as if fully set forth herein.

82. A present and actual controversy exists regarding the enforceability of the

Contract.

83. Ludwick refused to sign instructions to release the Commission to

Plaintiff, telling Plaintiff he disagreed with the percentage of the sales price that Plaintiff were

entitled to under the Contract.
10 84. The Trustee, on behalf of the Trust, directed Escrow to hold the

11 Commission in escrow, claiming a dispute exists over the Commission.
12 85. Escrow complied with Trustee’s direction and is holding the Commission.

13 86. Plaintiff seeks a declaration from this Court that the Contract is

14 enforceable, that Trust and Trustee owe Plaintiff six percent (6%) of the sale price of the

15 Property pursuant to the terms of the Contract, that Escrow must release the Commission either

16 to the Court’s escrow account or directly to Plaintiff, and that Ludwick’s refusal to sign
17 instructions to release the Commission may not interfere with the performance of the Contract by

18 Trust and Trustee.

19 WHEREFORE, Plaintiff prays for the following relief:
20 1 For general, special, and consequential damages according to proof;

21 2 For pre-judgment interest on damages at the rate of 10% per annum;

22 3 For specific performance of the contract;

23 For a declaration that the contract described herein is enforceable;

24 For attorney’s fees;

25 //1

26 //1

27 //f

28 //1

12
COMPLAINT FOR DAMAGES
6. For costs of suit incurred herein; and

7. For such other and further relief as the Court may deem just and proper.

Dated: November (@ , 2018 SHANNON B. JONES LAW GROUP, INC.

by oe
SHANNON B. JONES
Attorneys for Plaintiff,
PACIFIC UNION INTERNATIONAL, INC.

19
20

13
COMPLAINT FOR DAMAGES
EXHIBIT A
DigiSign Verified: BE618C79-6 | D2-4EFO-8B3A-FD539A7F7053
a CALTFORNTA ResIDENTIAL LISTING AGREEMENT
S ASSOCIATION (Exclusive Authorization and Right to Sell)
& OF REALTORS® (C.A.R. Form RLA, Revised 12/15)

Date Prepared: 08/26/2016
1 EXCLUSIVE RIGHT TO SELL The Anything Trust, Trustee Paul D Booth ("Seller")
hereby employs and grants PARTNERS TRUST ('Broker’)
beginning (date) September 1, 2016 and ending at 11:59 P.M. on (date) February 28, 2017 ("Listing Period”)
the exclusive and irrevocable right to sell or exchange the real property described as 200 Toyopa Drive
situated in Pacific Palisades City),
Los Angeles (County), California, 90272 (Zip Code), Assessor's Parcel No. 4411-026-001 ("Property").
This Property is a manufactured (mobile) home. See addendum for additional terms.
This Property is being sold as part of a probate, conservatorship or guardianship. See addendum for additional terms.
2. LISTING PRICE AND TERMS:
A. The listing price shall be: Twenty Million —
Dollars ($ 20,000,000.00
B. Listing Terms: -

3. COMPENSATION TO BROKER:
Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each Broker individually and
may be negotiable between Seller and Broker (real estate commissions include all compensation and fees to Broker).
A. Seller agrees to pay to Broker as compensation for services irrespective of agency relationship(s), either 6.000 _ percent
of the listing price (or if a purchase agreement is entered into, of the purchase price), or $ .
AND as follows:
(1) If during the Listing Period, or any extension, Broker, cooperating broker, Seller or any other person procures a ready,
willing, and able buyer(s) whose offer to purchase the Property on any price and terms is accepted by Seller, provided the
Buyer completes the transaction or is prevented from doing so by Seller. (Broker is entitled to compensation whether any
escrow resulting from such offer closes during or after the expiration of the Listing Period, or any extension.)
OR (2) If within 180 calendar days (a) after the end of the Listing Period or any extension; or (b) after any cancellation of this
Agreement, unless otherwise agreed, Seller enters into a contract to sell, convey, lease or otherwise transfer the Property to
anyone ("Prospective Buyer’) or that person's related entity: (i) who physically entered and was shown the Property during
the Listing Period or any extension by Broker or a cooperating broker; or (ii) for whom Broker or any cooperating broker
submitted to Seller a signed, written offer to acquire, lease, exchange or obtain an option on the Property. Seller, however,
shall have no obligation to Broker under paragraph 3A(2) unless, not later than the end of the Listing Period or any
extension or cancellation, Broker has given Seller a written notice of the names of such Prospective Buyers.
OR (3) If, without Broker's prior written consent, the Property is withdrawn from sale, conveyed, leased, rented, otherwise
transferred, or made unmarketable by a voluntary act of Seller during the Listing Period, or any extension.
B. If completion of the sale is prevented by a party to the transaction other than Seller, then compensation which otherwise would have
been earned under paragraph 3A shall be payable only if and when Seller collects damages by suit, arbitration, settlement or
otherwise, and then in an amount equal to the lesser of one-half of the damages recovered or the above compensation, after first
deducting title and escrow expenses and the expenses of collection, if any.
Cc. In addition, Seller agrees to pay Broker:
Seller has been advised of Broker's policy regarding cooperation with, and the amount of compensation offered to, other brokers.
(1) Broker is authorized to cooperate with and compensate brokers participating throt ugh the multiple listing service(s) ("MLS")
by offering to MLS brokers out of Broker's compensation specified in 3A, either
purchase price, or $
3.000 a
_____ percent of the

(2) Broker is authorized to cooperate with and compensate brokers operating outside the MLS as per Broker's policy.
Seller hereby irrevocably assigns to Broker the above compensation from Seller's funds and proceeds in escrow. Broker may
submit this Agreement, as instructions to compensate Broker pursuant to paragraph 3A, to any escrow regarding the Property
involving Seller and a buyer, Prospective Buyer or other transferee.
F. (1) Seller represents that Seller has not previously entered into a listing agreement with another broker regarding the Property,
unless specified as follows: WRITTEN CANCELLATION TO DELIVERED PRIOR TO 8/31/16.
(2) Seller warrants that Seller has no obligation to pay compensation to any other broker regarding the Property unless | the
Property is transferred to any of the following individuals or entities:
(3) If the Property is sold to anyone listed above during the time Seller is obligated to compensate another broker: (i) Broker is
not entitled to compensation under this Agreement; and (ii) Broker is not obligated to represent Seller in such transaction.
4. AL ITEMS EXCLUDED AND INCLUDED: Unless otherwise specified in a real estate purchase agreement, all fixtures and fittings
that are attached to the Property are included, and personal property items are excluded, from the purchase price.
ADDITIONAL ITEMS EXCLUDED: WINDOW TREATMENTS, DINING ROOM SCONCES, NON-FIXED MIRRORS & FURN
ADDITIONAL ITEMS INCLUDED: WASHHER/DRYER, TV'S ELECTRONICS, POTTED PLANTS, CHANDELIERS

Seller's Initials ( 0b y
© 2015, California Association of REALTORS®, Inc.
RLA REVISED 12/15 (PAGE 1 OF 5) on . i
RESIDENTIAL LISTING AGREEMENT - EXCLUSIVE (RLA PAGE 1 OF 5)
Partners Trust The Malibu Li vie Center Way, Suite CF Malibu, CA 90268 Phone: 310.818.5788 Fax 310.919.3756 200 Toyopa
‘The Malibu Life Team Madison Hildebrand Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 zipogn.com
DigiSign Verified: BE618C79-6 | D2-4EF0-8B3A-FD539A
7F7053
Property Address: 200 Toyopa Drive, Pacific Palisades, 90272 - Date: 08/26/2016
Seller intends that the above items be excluded or included in offering the Property for sale, but understands that: (i) the
purchase agreement supersedes any intention expressed above and will ultimately determine which items are excluded and
included in the sale; and (ii) Broker is not responsible for and does not guarantee that the above exclusions and/or inclusions will be
in the purchase agreement.
(1) Leased Items: The following items are leased.
Solar power system (Alarm system (Propane tank (J Water Softener
Other
(2) Liened Items: The following items have been financed and a lien has been placed on the Property to secure payment:
Solar power system (Windows or doors (]Heating/Ventilation/Air conditioning system
Other
Seller will provide to Buyer, as part of the sales agreement, copies of lease documents, or other documents obligating Seller to
pay for any such leased or liened item.
5. MULTIPLE LISTING SERVICE:
A. Broker is a participant/subscriber to Cc! Multiple Listing Service (MLS) and possibly others. Unless
otherwise instructed in writing the Property will be listed with the MLS(s) specified above. That MLS is (or if checked (Cis not) the
primary MLS for the geographic area of the Property. Alll terms of the transaction, including sales price and financing, if applicable,
(i) will be provided to the MLS in which the property is listed for publication, dissemination and use by persons and entities on terms
approved by the MLS and (ii) may be provided to the MLS even if the Property was not listed with the MLS.

BENEFITS OF USING THE MLS; IMPACT OF OPTING OUT OF THE MLS; PRESENTING ALL OFFERS

WHAT IS AN MLS? The MLS is a database of properties for sale that is available and disseminated to and accessible by all other real
estate agents who are participants or subscribers to the MLS. Property information submitted to the MLS describes the price, terms and
conditions under which the Seller's property is offered for sale (including but not limited to the listing broker's offer of compensation to
other brokers). It is likely that a significant number of real estate practitioners in any given area are participants or subscribers to the
MLS. The MLS may also be part of a reciprocal agreement to which other multiple listing services belong. Real estate agents belonging
to other multiple listing services that have reciprocal agreements with the MLS also have access to the information submitted to the
MLS. The MLS may further transmit listing information to Internet sites that post property listings online.
EXPOSURE TO BUYERS THROUGH MLS: Listing property with an MLS exposes a seller's property to all real estate agents and
brokers (and their potential buyer clients) who are participants or subscribers to the MLS or a reciprocating MLS.
CLOSED/PRIVATE LISTING CLUBS OR GROUPS: Closed or private listing clubs or groups are not the same as the MLS. The MLS
referred to above is accessible to all eligible real estate licensees and provides broad exposure for a listed property. Private or closed
listing clubs or groups of licensees may have been formed outside the MLS. Private or closed listing clubs or groups are accessible to a
more limited number of licensees and generally offer less exposure for listed property. Whether listing property through a closed, private
network - and excluding it from the MLS - is advantageous or disadvantageous to a seller, and why, should be discussed with the agent
taking the Seller's listing.
NOT LISTING PROPERTY IN A LOCAL MLS: If the Property is listed in an MLS which does not cover the geographic area where the
Property is located then real estate agents and brokers working that territory, and Buyers they represent looking for property in the
neighborhood, may not be aware the Property is for sale.
OPTING OUT OF MLS: If Seller elects to exclude the Property from the MLS, Seller understands and acknowledges that: (a) real
estate agents and brokers from other real estate offices, and their buyer clients, who have access to that MLS

Case Info

Case No.

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Document Filed Date

July 30, 2020

Case Filing Date

November 07, 2018

County

Parties

Booth, Paul D., Trustee of The Anything Trust Defendant
Erik Ludwick Defendant
Jones, Shannon Ball Rossi Domingue LLP Attorneys for Plaintiffs
Nangano, Michael Anthony John Michael AJ Nangano, A Law Corporation Attorney for the Defendant
Nangano, Michael Anthony John Michael AJ Nangano & Associates Attorney
Pacific Union International, Inc. Plaintiff
Skidmore, Lawrence E. Aronowitz & Skidmore Inc Attorney
Skidmore, Lawrence E. Aronowitz & Skidmore Inc Attorney for the Defendant
The Anything Trust Dated Oct. 12, 2007 Defendant
Lindsey Morgan Attorneys for Plaintiffs
Alan Jacobus Attorney
Franklin Bigelow Attorneys for Plaintiffs
Shannon Ball Attorney
Bruce Tackowiak Attorneys for Defendants
Susan Daley Attorney
Michael Agoglia Attorneys for Defendants
Amberly Morgan Attorney
Shannon Dillon Attorneys for Defendants
Dean Rossi Attorneys for Plaintiffs
Michael Antoncich Attorneys for Defendants
Michael Alfred Attorney

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Request,Application: Pacific Union International, Inc. vs. Ludwick, Erik et al

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Parties