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1 Lawrence E. Skidmore (SBN 137587)
ARONOWITZ SKIDMORE LYON
2 A PROFESSIONAL CORPORATION
200 Auburn Folsom Road, Suite 305
3
Auburn CA 95603
4 Telephone: (530) 823-9736
Facsimile: (530) 823-5241
5 Filed - 03/16/2023
Electronically filed by Superior Court of California
MICHAEL A.J. NANGANO (SBN 133999) County of Placer on 03/16/2023
6 MICHAEL AJ NANGANO & ASSOCIATES Jake Chatters, Clerk of the Court
By J. Bunday Deputy Clerk
501 S. 1st Avenue, Suite E
7
Arcadia CA 90016
8 Telephone: (626) 823-9736
Facsimile: (213) 232-3252
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Attorneys for Defendant(s)
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11
12 SUPERIOR COURT OF CALIFORNIA
13 COUNTY OF PLACER
14
15 PACIFIC UNION INTERNATIONAL, INC.; Case No.: S-CV 0042080
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Plaintiff, JOINT STIPULATION AND [PROPOSED]
17 ORDER CONTINUING FINAL STATUS
vs. CONVERENCE AND TRIAL DATE;
18 WITH ALL RELATED DATES
ERIK LUDWICK, an individual and Settlor of Final Status Conference: March 17, 2023
19 The Anything Trust dated October 12, 2007;
Trial Date: March 27, 2023
20 THE ANYTHING TRUST DATED
OCTOBER 12, 2007; PAUL D. BOOTH, in
21 his capacity as Trustee of The Anything Trust
dated October 12, 2007; and Does 1 through
22 50, inclusive,
23 Defendants.
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28 1
1 STIPULATION
2 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, Plaintiff
3 Pacific Union International, Inc., and Defendant Erik Ludwick, an individual and Settlor of The
4 Anything Trust dated October 12, 2007, constituting all of the parties appearing in this action
5 through undersigned counsel of record, as follows:
6 1. To continue the Final Status Conference (currently scheduled for March 17, 2023)
7 to September 8, 2023, or to the earliest date set by this Court after September 8,
8 2023 (and excluding October 12, 2023 through November 3, 2023);
9 2. To continue the Trial (currently scheduled for March 27, 2023) to September 18,
10 2023, or to the earliest date set by this Court after September 18, 2023 (excluding
11 October 12, 2023 thru November 3, 2023); and
12 3. All discovery, expert discovery, and other deadlines originally triggered by the
13 initial trial date are closed.
14 The basis for this request is a trial scheduling conflict. On March 3, 2023, a case entitled
15 R&J Sheet Metal, Inc. v. TB Penich & Sons, Inc., et al., Los Angeles Superior Court Case No.
16 BC659723 was ordered consolidated with LASC Case No. 21STCV29301, with Case No.
17 BC659723 designated as the lead case (“R&J Sheet Metal Matter”). Counsel for Defendant in the
18 this above captioned matter represents the Plaintiff in the R&J Sheet Metal Matter. Due to the
19 extended five-year statute of limitation expiration date of March 30, 2023 in R&J Sheet Metal
20 Matter, that Court set the case for trial on March 27, 2023, the same trial date of the above-
21 captioned matter. A copy of the Minute Order issued by the Honorable Randolph M. Hammock
22 in Department 49 of the Los Angeles Superior Court is attached hereto as Exhibit A.
23 Given the conflict of trial dates in the R&J Sheet Metal Matter and this trial, and the
24 schedules of attorneys representing both parties in this matter, the parties respectfully request a
25 continuance of the above-entitled matter to a date convenient to the Court after September 8, 2023.
26 and excluding October 12, 2023 through November 3, 2023.
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1 The attorneys in the above-captioned matter have met and conferred and have the
2 following scheduling conflicts:
3 1. Attorney Michael A.J. Nangano has weeklong trial scheduled for June 23, 2023;
4 2. Attorney Lawrence E. Skidmore has a three-week trial scheduled October 12, 2023;
5 and
6 3. Attorney Dean C. Rossi has several trials/arbitrations scheduled in April 2023, May
7 2023, July 2023, and August 2023, as well as a weeklong prepaid vacation in June
8 2023. Mr. Rossi is available beginning September 8, 2023.
9
10 SO STIPULATED:
11
12 Dated: March __,
10 2023 MICHAEL AJ NANGANO & ASSOCIATES
13
14 BY: ________________________________
M i ch a el A J N a n ga n o
15 MICHAEL A.J. NANGANO
Attorneys for Defendants
16 ERIK LUDWICK, an individual and Settlor of The
Anything Trust dated October 12, 2007; THE
17 ANYTHING TRUST DATED OCTOBER 12, 2007;
18 PAUL D. BOOTH in his capacity as Trustee of The
Anything Trust Dated October 12, 2007
19
20 Dated: March 13, 2023 ROSSI DOMINGUE LLP
21
22 BY: ________________________________
23 DEAN C. ROSSI
Attorneys for Plaintiff
24 PACIFIC UNION INTERNATIONAL, INC.
25 ///
26 ///
27 ///
28 3
1 [PROPOSED] ORDER
2 Having reviewed the Joint Stipulation of the parties and good cause appearing therefor, IT
3 IS ORDERED as follows:
4 1. The Final Status Conference currently set for March 17, 2023, is continued to
8:30 a.m. in Dept. 3.
5 September 8, 2023, at ___ a.m., or as set by the Trial Court for
6 __________________, at ______ a.m.;
7 2. The Trial in this matter currently set for March 27, 2023, is continued to September
8:30 a.m. in Dept. TBA. Report to Jury Services/Master Calendar.
8 18, 2023 at _______ a.m., or as set by the Trial Court for ____________________
9 at _____ a.m.
10 3. All discovery, expert discovery, and other deadlines originally triggered by the
11 initial trial date are closed.
12
13 IT IS SO ORDERED.
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March 16, 2023
15 Dated: March __, 2023 ____________________________________________
16 JUDGE OF THE SUPERIOR COURT
17
Michael W. Jones
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EXHIBIT "A"
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
Central District, Stanley Mosk Courthouse, Department 49
BC659723 March 3, 2023
R&J SHEET METAL INC VS TB PENICH & SONS INC ET 10:00 AM
AL
Judge: Honorable Randolph M. Hammock CSR: None
Judicial Assistant: Felipe Rojas ERM: None
Courtroom Assistant: Cynthia Randle Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): Michael A.J. Nangano
For Defendant(s): Davide Golia By Conor Dale (LACC); Craig E Guenther (LACC); Terry
Tetze Tao
NATURE OF PROCEEDINGS: Hearing on Motion to Consolidate; Trial Setting Conference
The matter is called for a hearing and is heard with case 21STCV29301.
The Motion to Consolidate filed by Western Surety Company on 01/11/2023 and Joinder to
Motion TO CONSOLIDATE RELATED CASES FILED BY WESTERN SURETY
COMPANY filed by R&J Sheet Metal, Inc on 01/19/2023 are Granted.
The Court orders the following cases, BC659723 and 21STCV29301, consolidated and assigned
to Department 49 in Stanley Mosk Courthouse for all purposes. The Court designates BC659723
as the lead case. All future documents must be filed under BC659723 (R&J SHEET METAL
INC VS TB PENICH & SONS INC ET AL ). Case numbers on all subsequent filings should be
reflected under the lead case.
All counsel waive a trial by jury.
Non-Jury Trial is scheduled for 03/27/2023 at 10:00 AM in Department 49 at Stanley Mosk
Courthouse.
The parties are to comply with the "Trial Preparation Order" posted online. Exhibits to be
exchanged a week before trial. Trial Briefs are optional. Parties are ordered to submit a Joint
Witness List with realistic time estimates of each witness's testimony.
Notice is waived.
Minute Order Page 1 of 1
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1 Lawrence E. Skidmore (SBN 137587) ARONOWITZ SKIDMORE LYON 2 A PROFESSIONAL CORPORATION 200 Auburn Folsom Road, Suite 305 3 Auburn CA 95603 4 Telephone: (530) 823-9736 Facsimile: (530) 823-5241 5 Filed - 03/16/2023 Electronically filed by Superior Court of California MICHAEL A.J. NANGANO (SBN 133999) County of Placer on 03/16/2023 6 MICHAEL AJ NANGANO & ASSOCIATES Jake Chatters, Clerk of the Court By J. Bunday Deputy Clerk 501 S. 1st Avenue, Suite E 7 Arcadia CA 90016 8 Telephone: (626) 823-9736 Facsimile: (213) 232-3252 9 Attorneys for Defendant(s) 10 11 12 SUPERIOR COURT OF CALIFORNIA 13 COUNTY OF PLACER 14 15 PACIFIC UNION INTERNATIONAL, INC.; Case No.: S-CV 0042080 16 Plaintiff, JOINT STIPULATION AND [PROPOSED] 17 ORDER CONTINUING FINAL STATUS vs. CONVERENCE AND TRIAL DATE; 18 WITH ALL RELATED DATES ERIK LUDWICK, an individual and Settlor of Final Status Conference: March 17, 2023 19 The Anything Trust dated October 12, 2007; Trial Date: March 27, 2023 20 THE ANYTHING TRUST DATED OCTOBER 12, 2007; PAUL D. BOOTH, in 21 his capacity as Trustee of The Anything Trust dated October 12, 2007; and Does 1 through 22 50, inclusive, 23 Defendants. 24 25 26 27 28 1 1 STIPULATION 2 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, Plaintiff 3 Pacific Union International, Inc., and Defendant Erik Ludwick, an individual and Settlor of The 4 Anything Trust dated October 12, 2007, constituting all of the parties appearing in this action 5 through undersigned counsel of record, as follows: 6 1. To continue the Final Status Conference (currently scheduled for March 17, 2023) 7 to September 8, 2023, or to the earliest date set by this Court after September 8, 8 2023 (and excluding October 12, 2023 through November 3, 2023); 9 2. To continue the Trial (currently scheduled for March 27, 2023) to September 18, 10 2023, or to the earliest date set by this Court after September 18, 2023 (excluding 11 October 12, 2023 thru November 3, 2023); and 12 3. All discovery, expert discovery, and other deadlines originally triggered by the 13 initial trial date are closed. 14 The basis for this request is a trial scheduling conflict. On March 3, 2023, a case entitled 15 R&J Sheet Metal, Inc. v. TB Penich & Sons, Inc., et al., Los Angeles Superior Court Case No. 16 BC659723 was ordered consolidated with LASC Case No. 21STCV29301, with Case No. 17 BC659723 designated as the lead case (“R&J Sheet Metal Matter”). Counsel for Defendant in the 18 this above captioned matter represents the Plaintiff in the R&J Sheet Metal Matter. Due to the 19 extended five-year statute of limitation expiration date of March 30, 2023 in R&J Sheet Metal 20 Matter, that Court set the case for trial on March 27, 2023, the same trial date of the above- 21 captioned matter. A copy of the Minute Order issued by the Honorable Randolph M. Hammock 22 in Department 49 of the Los Angeles Superior Court is attached hereto as Exhibit A. 23 Given the conflict of trial dates in the R&J Sheet Metal Matter and this trial, and the 24 schedules of attorneys representing both parties in this matter, the parties respectfully request a 25 continuance of the above-entitled matter to a date convenient to the Court after September 8, 2023. 26 and excluding October 12, 2023 through November 3, 2023. 27 28 2 1 The attorneys in the above-captioned matter have met and conferred and have the 2 following scheduling conflicts: 3 1. Attorney Michael A.J. Nangano has weeklong trial scheduled for June 23, 2023; 4 2. Attorney Lawrence E. Skidmore has a three-week trial scheduled October 12, 2023; 5 and 6 3. Attorney Dean C. Rossi has several trials/arbitrations scheduled in April 2023, May 7 2023, July 2023, and August 2023, as well as a weeklong prepaid vacation in June 8 2023. Mr. Rossi is available beginning September 8, 2023. 9 10 SO STIPULATED: 11 12 Dated: March __, 10 2023 MICHAEL AJ NANGANO & ASSOCIATES 13 14 BY: ________________________________ M i ch a el A J N a n ga n o 15 MICHAEL A.J. NANGANO Attorneys for Defendants 16 ERIK LUDWICK, an individual and Settlor of The Anything Trust dated October 12, 2007; THE 17 ANYTHING TRUST DATED OCTOBER 12, 2007; 18 PAUL D. BOOTH in his capacity as Trustee of The Anything Trust Dated October 12, 2007 19 20 Dated: March 13, 2023 ROSSI DOMINGUE LLP 21 22 BY: ________________________________ 23 DEAN C. ROSSI Attorneys for Plaintiff 24 PACIFIC UNION INTERNATIONAL, INC. 25 /// 26 /// 27 /// 28 3 1 [PROPOSED] ORDER 2 Having reviewed the Joint Stipulation of the parties and good cause appearing therefor, IT 3 IS ORDERED as follows: 4 1. The Final Status Conference currently set for March 17, 2023, is continued to 8:30 a.m. in Dept. 3. 5 September 8, 2023, at ___ a.m., or as set by the Trial Court for 6 __________________, at ______ a.m.; 7 2. The Trial in this matter currently set for March 27, 2023, is continued to September 8:30 a.m. in Dept. TBA. Report to Jury Services/Master Calendar. 8 18, 2023 at _______ a.m., or as set by the Trial Court for ____________________ 9 at _____ a.m. 10 3. All discovery, expert discovery, and other deadlines originally triggered by the 11 initial trial date are closed. 12 13 IT IS SO ORDERED. 14 March 16, 2023 15 Dated: March __, 2023 ____________________________________________ 16 JUDGE OF THE SUPERIOR COURT 17 Michael W. Jones 18 19 20 21 22 23 24 25 26 27 28 4 EXHIBIT "A" SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Central District, Stanley Mosk Courthouse, Department 49 BC659723 March 3, 2023 R&J SHEET METAL INC VS TB PENICH & SONS INC ET 10:00 AM AL Judge: Honorable Randolph M. Hammock CSR: None Judicial Assistant: Felipe Rojas ERM: None Courtroom Assistant: Cynthia Randle Deputy Sheriff: None APPEARANCES: For Plaintiff(s): Michael A.J. Nangano For Defendant(s): Davide Golia By Conor Dale (LACC); Craig E Guenther (LACC); Terry Tetze Tao NATURE OF PROCEEDINGS: Hearing on Motion to Consolidate; Trial Setting Conference The matter is called for a hearing and is heard with case 21STCV29301. The Motion to Consolidate filed by Western Surety Company on 01/11/2023 and Joinder to Motion TO CONSOLIDATE RELATED CASES FILED BY WESTERN SURETY COMPANY filed by R&J Sheet Metal, Inc on 01/19/2023 are Granted. The Court orders the following cases, BC659723 and 21STCV29301, consolidated and assigned to Department 49 in Stanley Mosk Courthouse for all purposes. The Court designates BC659723 as the lead case. All future documents must be filed under BC659723 (R&J SHEET METAL INC VS TB PENICH & SONS INC ET AL ). Case numbers on all subsequent filings should be reflected under the lead case. All counsel waive a trial by jury. Non-Jury Trial is scheduled for 03/27/2023 at 10:00 AM in Department 49 at Stanley Mosk Courthouse. The parties are to comply with the "Trial Preparation Order" posted online. Exhibits to be exchanged a week before trial. Trial Briefs are optional. Parties are ordered to submit a Joint Witness List with realistic time estimates of each witness's testimony. Notice is waived. Minute Order Page 1 of 1