Preview
ELECTRONICALLY FILED
Superior Court of California,
Count of Placer
DEAN C. ROSSI (SBN 188844)
09/07/2023 at 05:55:49 PM
By: Laurel L Sanders
SHANNON B. JONES (SBN 149222)
Deputy Clerk
ROSSI DOMINGUE LLP
Danville Office (service/mailing address)
208 W. El Pintado Road
Danville CA 94526
San Jose Office
1570 The Alameda, Suite 316
San Jose CA 95126
T: (408) 495-3900; F: (408) 495-3901
Email: dean@rdlaw.net
Email: shannon@rdlaw.net
Attorneys for Plaintiff
PACIFIC UNION INTERNATIONAL, INC.
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SUPERIOR COURT OF CALIFORNIA
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COUNTY OF PLACER
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13 PACIFIC UNION INTERNATIONAL, Case No.: SCV0042080
INC.,
14 PACIFIC UNION INTERNATIONAL,
Plaintiff, INC.’S NEUTRAL STATEMENT OF THE
15
CASE
16 Vv.
17 ERIK LUDWICK, an individual and
beneficiary of The Anything Trust Dated Date Action Filed: November 7, 2018
18 October 12, 2007; THE ANYTHING Date Action Set for Trial: September 18, 2023
TRUST DATED OCTOBER 12, 2007;
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PAUL D. BOOTH, in his capacity as trustee
20 of The Anything Trust Dated October 12,
2007; and DOES 1-50,
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Defendants.
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PACIFIC UNION INTERNATIONAL, INC,.’S NEUTRAL STATEMENT OF THE CASE
This litigation is based on a commission dispute after the sale of real property. The
seller of the real property, The Anything Trust Dated October 12, 2007 (“Trust”) and Paul D.
Booth (“Trustee”) in his capacity as trustee of The Anything Trust Dated October 12, 2007, and
the beneficiary of the Trust, Erik Ludwick (collectively, “Defendants”), have refused to sign
commission release instructions after escrow closed on the sale.
Pacific Union International, Inc. contends that Trustee signed a written contract
agreeing to pay real estate salesperson Madison Hildebrand and his brokerage six percent (6%) of
the sale price of real property at 200 Toyopa Drive (the “Property”), in exchange for Mr.
Hildebrand’s services in listing and marketing the Property. Mr. Hildebrand and his brokerage,
10 Partners Trust, which was acquired by Pacific Union International, Inc. during the transaction at
11 issue in this lawsuit, marketed the Property, procured a buyer, and obtained a sale price of sixteen
12 million three hundred thousand dollars ($16,300,000) for the Trust and its beneficiary, Defendant
13 Erik Ludwick. Accordingly, under the listing agreement, Pacific Union believes it is entitled to a
14 commission of $978,000. That amount is currently still in the escrow account at Terra Coastal
15 Escrow.
16 Pacific Union is informed and believes that Defendants contend the commission
17 should not be any higher than 2.5% of the sale price of the Property, based on an agreement
18 Defendants had related to what the commission would be on another offer for the Property which
19 ultimately was canceled. Defendants allege Pacific Union’s agent pushed through a dual agency
20 transaction to benefit Pacific Union, instead of Defendants.
21 The parties continued to negotiate the commission up to the day escrow closed.
22 The evidence is clear that there was never a meeting of the minds other than the 6% commission in
23 the written, executed listing agreement.
24 The exhibits are largely stipulated and there is little dispute about the facts. Both
25 sides disagree about how to interpret those facts, and each side sincerely disagrees with the other
26 side’s position. Defendants filed a separate lawsuit in Los Angeles Superior Court, which is
27 currently stayed while they appeal an order sustaining Pacific Union’s demurrer to their Third
2 Amended Complaint. The demurrer was sustained on the basis that claims against Pacific Union
Rossi
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PACIFIC UNION INTERNATIONAL, INC.’S NEUTRAL STATEMENT OF THE CASE
and its predecessor in interest, Partners Trust, were subject to the compulsory cross-claim statute
in this action and should have been asserted here,
The parties attended mediation with Robert Mann of ADR Services on April 29,
2021 and did not resolve their dispute.
Dated: September 7, 2023 ROSSI UE LLP
By:
DEAN
Attorneys Tor
PACIFIC UNION INTERNATIONAL, INC.
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PACTFIC UNION INTERNATIONAL, INC.’S NEUTRAL STATEMENT OF THE CASE
PROOF OF ELECTRONIC SERVICE
STATE OF CALIFORNIA, COUNTY OF PLACER
Pacific Union International, Inc, v. Ludwick, et al.
Case No.: SCV0042080
DECLARATION
1 Tam at least 18 years old. My business address is 208 W. El Pintado Road,
Danville, California 94526.
2 My electronic service address is lauren@rdlaw.net with a copy to
shannon@rdlaw.net and dean@rdlaw.net (all addresses must be used for any electronic service).
3 I electronically served the followiag documents: PACIFIC UNION
INTERNATIONAL, INC.’S NEUTRAL STATEMENT OF THE CASE
10 4 On the date set forth within the signature block below, | electronically served the
documents listed above in 3 as follows (name(s) of person(s) served, attorney(s) through whom
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service was made (if applicable), and email address(es) of person(s) served):
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NAME Attorneys for
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Michael A.J. Nangano, Esq. Defendants Erik Ludwick, The Anything
14 Michael A.J. Nangano & Associates Trust and Paul Booth as Trustee of the
501 S. First Street Ave., Ste. E Anything Trust
15 Arcadia, CA 90016
16 mnangano@lacounsel.cor:
patti@lacounsel.com
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Lawrence E. Skidmore, Esq. Defendants Erik Ludwick, The Anything
18 Aronowitz, Skidmore, Lyon Trust and Paul Booth as Trustee of the
200 Auburn Folsom Road, Suite 305 Anything Trust
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Auburn, CA 95603
20 Iskidmore@asilaw.org
Imelton@asilaw.org
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California that the
I declare under penalty of perjury under the laws of the State of
22 foregoing is true and correct.
Date: September + , 2023
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25 L. REAGAN
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rf Signatue of Desfarant
Name of Declarant
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Preview
ELECTRONICALLY FILED Superior Court of California, Count of Placer DEAN C. ROSSI (SBN 188844) 09/07/2023 at 05:55:49 PM By: Laurel L Sanders SHANNON B. JONES (SBN 149222) Deputy Clerk ROSSI DOMINGUE LLP Danville Office (service/mailing address) 208 W. El Pintado Road Danville CA 94526 San Jose Office 1570 The Alameda, Suite 316 San Jose CA 95126 T: (408) 495-3900; F: (408) 495-3901 Email: dean@rdlaw.net Email: shannon@rdlaw.net Attorneys for Plaintiff PACIFIC UNION INTERNATIONAL, INC. 10 SUPERIOR COURT OF CALIFORNIA 11 COUNTY OF PLACER 12 13 PACIFIC UNION INTERNATIONAL, Case No.: SCV0042080 INC., 14 PACIFIC UNION INTERNATIONAL, Plaintiff, INC.’S NEUTRAL STATEMENT OF THE 15 CASE 16 Vv. 17 ERIK LUDWICK, an individual and beneficiary of The Anything Trust Dated Date Action Filed: November 7, 2018 18 October 12, 2007; THE ANYTHING Date Action Set for Trial: September 18, 2023 TRUST DATED OCTOBER 12, 2007; 19 PAUL D. BOOTH, in his capacity as trustee 20 of The Anything Trust Dated October 12, 2007; and DOES 1-50, 21 Defendants. 22 23 24 25 26 27 Ross! a? DOMINGUE LLP 1 PACIFIC UNION INTERNATIONAL, INC,.’S NEUTRAL STATEMENT OF THE CASE This litigation is based on a commission dispute after the sale of real property. The seller of the real property, The Anything Trust Dated October 12, 2007 (“Trust”) and Paul D. Booth (“Trustee”) in his capacity as trustee of The Anything Trust Dated October 12, 2007, and the beneficiary of the Trust, Erik Ludwick (collectively, “Defendants”), have refused to sign commission release instructions after escrow closed on the sale. Pacific Union International, Inc. contends that Trustee signed a written contract agreeing to pay real estate salesperson Madison Hildebrand and his brokerage six percent (6%) of the sale price of real property at 200 Toyopa Drive (the “Property”), in exchange for Mr. Hildebrand’s services in listing and marketing the Property. Mr. Hildebrand and his brokerage, 10 Partners Trust, which was acquired by Pacific Union International, Inc. during the transaction at 11 issue in this lawsuit, marketed the Property, procured a buyer, and obtained a sale price of sixteen 12 million three hundred thousand dollars ($16,300,000) for the Trust and its beneficiary, Defendant 13 Erik Ludwick. Accordingly, under the listing agreement, Pacific Union believes it is entitled to a 14 commission of $978,000. That amount is currently still in the escrow account at Terra Coastal 15 Escrow. 16 Pacific Union is informed and believes that Defendants contend the commission 17 should not be any higher than 2.5% of the sale price of the Property, based on an agreement 18 Defendants had related to what the commission would be on another offer for the Property which 19 ultimately was canceled. Defendants allege Pacific Union’s agent pushed through a dual agency 20 transaction to benefit Pacific Union, instead of Defendants. 21 The parties continued to negotiate the commission up to the day escrow closed. 22 The evidence is clear that there was never a meeting of the minds other than the 6% commission in 23 the written, executed listing agreement. 24 The exhibits are largely stipulated and there is little dispute about the facts. Both 25 sides disagree about how to interpret those facts, and each side sincerely disagrees with the other 26 side’s position. Defendants filed a separate lawsuit in Los Angeles Superior Court, which is 27 currently stayed while they appeal an order sustaining Pacific Union’s demurrer to their Third 2 Amended Complaint. The demurrer was sustained on the basis that claims against Pacific Union Rossi 4 DOMINGUE Lup 2 PACIFIC UNION INTERNATIONAL, INC.’S NEUTRAL STATEMENT OF THE CASE and its predecessor in interest, Partners Trust, were subject to the compulsory cross-claim statute in this action and should have been asserted here, The parties attended mediation with Robert Mann of ADR Services on April 29, 2021 and did not resolve their dispute. Dated: September 7, 2023 ROSSI UE LLP By: DEAN Attorneys Tor PACIFIC UNION INTERNATIONAL, INC. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 >4 Rosst DOMINGUE Lup PACTFIC UNION INTERNATIONAL, INC.’S NEUTRAL STATEMENT OF THE CASE PROOF OF ELECTRONIC SERVICE STATE OF CALIFORNIA, COUNTY OF PLACER Pacific Union International, Inc, v. Ludwick, et al. Case No.: SCV0042080 DECLARATION 1 Tam at least 18 years old. My business address is 208 W. El Pintado Road, Danville, California 94526. 2 My electronic service address is lauren@rdlaw.net with a copy to shannon@rdlaw.net and dean@rdlaw.net (all addresses must be used for any electronic service). 3 I electronically served the followiag documents: PACIFIC UNION INTERNATIONAL, INC.’S NEUTRAL STATEMENT OF THE CASE 10 4 On the date set forth within the signature block below, | electronically served the documents listed above in 3 as follows (name(s) of person(s) served, attorney(s) through whom 11 service was made (if applicable), and email address(es) of person(s) served): 12 NAME Attorneys for 13 Michael A.J. Nangano, Esq. Defendants Erik Ludwick, The Anything 14 Michael A.J. Nangano & Associates Trust and Paul Booth as Trustee of the 501 S. First Street Ave., Ste. E Anything Trust 15 Arcadia, CA 90016 16 mnangano@lacounsel.cor: patti@lacounsel.com 17 Lawrence E. Skidmore, Esq. Defendants Erik Ludwick, The Anything 18 Aronowitz, Skidmore, Lyon Trust and Paul Booth as Trustee of the 200 Auburn Folsom Road, Suite 305 Anything Trust 19 Auburn, CA 95603 20 Iskidmore@asilaw.org Imelton@asilaw.org 21 California that the I declare under penalty of perjury under the laws of the State of 22 foregoing is true and correct. Date: September + , 2023 24 25 L. REAGAN [/ rf Signatue of Desfarant Name of Declarant 26 27 28 Ross! POS ¢ | Domincue LLP