Preview
ELECTRONICALLY FILED
SHANNON B. JONES LAW GROUP, INC. superior Court of California,
SHANNON B. JONES (Bar No. 149222) County of Placer
sbj@sbj-law.com 02/26/2021 at 09:44:12 AM
LINDSEY A. MORGAN (Bar No. 274214) dy: lutarina Olivarez Fuentes, Deputy Clert
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
IN AND FOR THE COUNTY OF PLACER
10
11 PACIFIC UNION INTERNATIONAL, INC., Case No. SCV0042080
ewe! Sema! “nee”
12 Plaintiff, NOTICE OF ENTRY OF ORDER
13
See” Nee
V.
14
“errr” Smee” Nee! Nene
ERIK LUDWICK, an individual and
beneficiary of The Anything Trust Dated
15 October 12, 2007; THE ANYTHING TRUST Complaint Filed: November 7, 2018
DATED OCTOBER 12, 2007; PAUL D.
16
Nee
BOOTH, in his capacity as trustee of The
Pee” emer” Neer” See” Neer” ee
Anything Trust Dated October 12, 2007; and
17 DOES 1-50,
18 Defendants.
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NOTICE OF ENTRY OF ORDER
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
N PLEASE TAKE NOTICE that on February 22, 2021, the Court entered an Order
granting the parties’ Stipulated Request to Continue Trial, a copy of which is attached hereto as
WY
Exhibit A.
FF
Dated: February YM, 2021 SHANNON B. JONES LAW GROUP, INC.
aA
DN
NN
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o
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NOTICE OF ENTRY OF ORDER
Exhibit A
SHANNON B. JONES LAW GROUP, INC. I
SHANNON B. JONES (Bar No. 149222) California
sbj@sbj-law.com Super nly, ot Placer “r
LINDSEY A. MORGAN (Bar No. 274214)
WwW
lam@sbj-law.com FEB 22 2021
208 W. EI Pintado Road Jake Chatte
—
Danville, California 94526 Executive Officer :
Telephone: (925) 837-2317 By: M. Taylor, DARVtY
NH
03:11
Facsimile: (925) 837-4831
DH
Attorneys for Plaintiff
Electronically Received 02/1 2/2021
SY
PACIFIC UNION INTERNATIONAL, INC.
&
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
coco
IN AND FOR THE COUNTY OF PLACER
PACIFIC UNION INTERNATIONAL, INC., ) Case No. SCV0042080
_ )
Plaintiff, STIPULATION TO CONTINUE THE
: ) TRIAL DATE AND [PROPOSER+} ORDER
)
ERIK LUDWICK, an individual and )
beneficiary of The Anything Trust Dated ) Complaint Filed: November 7, 2018
October 12, 2007; THE ANYTHING TRUST ) Trial Date: March 29, 2021
DATED OCTOBER 12, 2007; PAUL D. )
BOOTH, in his capacity as trustee of The ) . .
Anything Trust Dated October 12, 2007; and Proposed Trial Date: September 13, 2021
DOES 1-50, )
)
Defendants. )
)
Plaintiff PACIFIC UNION INTERNATIONAL, INC. (“Plaintiff”) and
Defendants ERIK LUDWICK, an individual and beneficiary of The Anything Trust Dated
October 12, 2007, THE ANYTHING TRUST DATED OCTOBER 12, 2007 and PAUL D.
BOOTH, in his capacity as trustee of The Anything Trust Dated October 12, 2007 (collectively,
“Defendants”) stipulate, through their counsel of record, as follows:
l. This action arises from a dispute between Plaintiff and Defendants
regarding a commission from the sale of real property.
2. This action is presently scheduled for trial to commence on March 29,
2021, with a mandatory settlement conference set for March ]2, 2021.
STIPULATION TO CONTINUE THE TRIAL DATE AND [PROPOSED] ORDER
3. There have been two previous requests for trial continuance in this matter,
the first when trial was set in June 2020 during the peak of the COVID-19 related court closures,
NHN
and the second in August 2020, when trial was set in September 2020.
WH
4, The parties have conducted extensive written discovery, taken party
BS
depositions, and have exchanged expert witness designations.
A
5. On July 17, 2020, Defendants submitted a petition for coordination to the
DA
California Judicial Council, seeking to coordinate this matter and a related matter Defendants
AY
filed in Los Angeles Superior Court, and requesting a stay. That petition was denied on
November 3, 2020.
10 6. The parties have each submitted a motion for summary judgment, which
1 were originally set for hearing in August 2020, but were continued on the Court’s own motion
12 while Defendants moved for coordination with the California Judicial Council. Both dispositive
13 motions are currently set for hearing on February 25, 2021.
14 7. Preparing for the quickly approaching trial date has been hampered and
15 complicated by the realities of the COVID-19 shelter in place orders, social distancing
16 requirements, and travel by some of the parties from Los Angeles to Placer County.
17 8. Plaintiff's counsel’s trial schedule has been severely impacted by COVID-
18 19 related trial continuances, many of which were unilaterally set by courts with no involvement
19 by counsel, and as a result, counsel for Plaintiffs has a double or triple set trial schedule nearly
20 every week until and through July 2021. Counsel for Defendants has trial set thereafter until
21 early September. The first available trial date for both parties after the current date is September
22 13, 2021.
23 9. The parties have been ordered to mediation in the separate but related
24 action in Los Angeles Superior Court. The parties are in the process of scheduling mediation
25 with Robert Mann, of ADR, to comply with that court order, but agree that they will attempt to
26 resolve both the Los Angeles action and this matter globally at that mediation. Accordingly, the
27 parties need additional time to work toward settlement and attend mediation.
28 ffl
2
STIPULATION TO CONTINUE THE TRIAL DATE AND [PROPOSED] ORDER
10. Accordingly, the parties respectfully request a continuance of the trial date
to September 13, 2021, in order to mediate this matter after the ruling on the summary judgment
RUN
motions and conduct expert discovery.
11. The parties do not seek this continuance for purposes of delay or for any
Fe
OHO
other improper purpose. The parties agree that a continuance of the trial date is in the best
interests of the parties, and will serve the interests of judicial economy and efficiency. The
DH
parties stipulate that a continuance of the trial and pre-trial expert related discovery dates and
yy
deadlines is necessary for effective preparation for trial.
12.‘ The parties stipulate and agree good cause exists for a continuance
10 pursuant to California Rule of Court 3.1332(d) for the following reasons: (1) the Parties in the
11 action agree that there is a need to continue the trial date in order to attend mediation after this
12 Court rules on the summary judgment motions set for hearing on February 25, 2021; (2) there
13 have been two (2) previous continuances of the trial date which would have occurred anyhow, as
trial was in the middle of the COVID-19 related shelter in place orders, and there has been no
15 delay in the preparation of the case for trial; (3) the length of the requested continuance is
16 relatively short given the realities of the petition and the international pandemic, and the parties
17 to the instant action will not suffer prejudice by a continuance; (4) all parties and counsel agree
to the continuance, and affirmatively request the continuance pursuant to this stipulation; and (5)
19 the interests of justice and judicial economy will be served by a continuance.
20 13; The parties stipulate and jointly request that the March 29, 2021 trial date
2] be continued to September 13, 2021, or a date thereafter convenient for the Court, and that the
22 mandatory settlement conference currently set for March 12, 2021 be vacated and re-set to a date
23 closer to the new trial date.
24 ‘/]
25 ///
26 ‘Tf
ZI //]
28 //]
~
3
STIPULATION TO CONTINUE THE TRIAL DATE AND [PROPOSED] ORDER
14, The pasties further stipwinic and jonely regqniest that all distes and deadlines
Hall be calculated based om the pew trial date,
te
IT IS SO STIPULATED.
we
Dated: February (2 , 202) SHANNON B. JONESNLAW GROUP. INC.
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in
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Bs he | ey
NBA
SHASNOS 12S, ESA).
Morvys antl,
PACIFIC UNION SOHAENATIONAL, INC.
@&
MICHAEL AJ. NANGANO, A LAW
CORPORATION =
ee
1397
MICHAEL AJ. NANGANO, ESQ.
Attomieys for DtSondarts
ERIK LAD WICK, as indiviskil and bomeficiesy
of The Anything Vrwes Dated Ostoler 12, 2007:
THE ANYTHING TRUST DATED OCTOBER
12, 2007; and PAUL D. BOOTH. in his capacity
as irusicc of The Anything Truss
Dated October $2, 2007
ORDER
TT IS SO ORDERED.
Dated:
JUDGE OF THE SUPERIOR COURT
«The nw fnal dete o - (3, 2ou al G'30 Deak TEA.
[Me Curt Trust Corfetnce date is SyfhB, 200
| at
8:30 beyt. fz
° The MSC set fr March 12% 221 6 Uycakd,
No raw MSC dati will ke set av fre y
2-22~2/
Mace U/avtd—
se en
4
sie
PUL LATIN VOC ye £ IME TRIAL DATE 48> [PROPS J
aap sr the SUpaHer GRU
PROOF OF SERVICE
I, the undersigned, declare:
I am a resident of the State of California and over the age of eighteen years, and
not a party to the within action; my business address is 208 W. El Pintado Road, Danville, CA
94526. On February 25, 2021, I served the within document(s):
NOTICE OF ENTRY OF ORDER
X___ by transmitting via email the above listed document(s) to the email address(es) set forth
below on this date before 5:00 p.m.
X___ by placing the document(s) listed above in a sealed envelope with postage thereon fully
prepaid, in the United States mail at Danville, California addressed as set forth below.
10
Attorneys for Defendants Erik Ludwick, The Co-Counsel for Defendants Erik Ludwick, The
11 Anything Trust and Paul Booth as Trustee of Anything Trust and Paul Booth as Trustee of
the Anything Trust the Anything Trust
12 Michael A.J. Nangano, Esq. Lawrence E. Skidmore, Esq.
Michael A.J. Nangano, A Law Corporation Aronowitz, Skidmore, Lyon
13 133 North Altadena Drive, Suite 403 200 Auburn Folsom Road, Suite 305
Pasadena, CA 91107 Auburn, CA 95603
14
Tel: (626) 796-9998 Tel: (530) 823-9736
15 Fax: (213) 232-3252 Fax: (530) 823-5241
mnangano@lacounsel.com Iskidmore@asilaw.org
16 patti@lacounsel.com
17 I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.
18
Executed on February 25, 2021, at Danville, California.
19
WY) Wir
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Zl Y QMENAGER o,
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NOTICE OF ENTRY OF ORDER
Preview
ELECTRONICALLY FILED SHANNON B. JONES LAW GROUP, INC. superior Court of California, SHANNON B. JONES (Bar No. 149222) County of Placer sbj@sbj-law.com 02/26/2021 at 09:44:12 AM LINDSEY A. MORGAN (Bar No. 274214) dy: lutarina Olivarez Fuentes, Deputy Clert 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 IN AND FOR THE COUNTY OF PLACER 10 11 PACIFIC UNION INTERNATIONAL, INC., Case No. SCV0042080 ewe! Sema! “nee” 12 Plaintiff, NOTICE OF ENTRY OF ORDER 13 See” Nee V. 14 “errr” Smee” Nee! Nene ERIK LUDWICK, an individual and beneficiary of The Anything Trust Dated 15 October 12, 2007; THE ANYTHING TRUST Complaint Filed: November 7, 2018 DATED OCTOBER 12, 2007; PAUL D. 16 Nee BOOTH, in his capacity as trustee of The Pee” emer” Neer” See” Neer” ee Anything Trust Dated October 12, 2007; and 17 DOES 1-50, 18 Defendants. 19 20 21 22 23 24 25 26 27 28 NOTICE OF ENTRY OF ORDER TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: N PLEASE TAKE NOTICE that on February 22, 2021, the Court entered an Order granting the parties’ Stipulated Request to Continue Trial, a copy of which is attached hereto as WY Exhibit A. FF Dated: February YM, 2021 SHANNON B. JONES LAW GROUP, INC. aA DN NN Se o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF ENTRY OF ORDER Exhibit A SHANNON B. JONES LAW GROUP, INC. I SHANNON B. JONES (Bar No. 149222) California sbj@sbj-law.com Super nly, ot Placer “r LINDSEY A. MORGAN (Bar No. 274214) WwW lam@sbj-law.com FEB 22 2021 208 W. EI Pintado Road Jake Chatte — Danville, California 94526 Executive Officer : Telephone: (925) 837-2317 By: M. Taylor, DARVtY NH 03:11 Facsimile: (925) 837-4831 DH Attorneys for Plaintiff Electronically Received 02/1 2/2021 SY PACIFIC UNION INTERNATIONAL, INC. & IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA coco IN AND FOR THE COUNTY OF PLACER PACIFIC UNION INTERNATIONAL, INC., ) Case No. SCV0042080 _ ) Plaintiff, STIPULATION TO CONTINUE THE : ) TRIAL DATE AND [PROPOSER+} ORDER ) ERIK LUDWICK, an individual and ) beneficiary of The Anything Trust Dated ) Complaint Filed: November 7, 2018 October 12, 2007; THE ANYTHING TRUST ) Trial Date: March 29, 2021 DATED OCTOBER 12, 2007; PAUL D. ) BOOTH, in his capacity as trustee of The ) . . Anything Trust Dated October 12, 2007; and Proposed Trial Date: September 13, 2021 DOES 1-50, ) ) Defendants. ) ) Plaintiff PACIFIC UNION INTERNATIONAL, INC. (“Plaintiff”) and Defendants ERIK LUDWICK, an individual and beneficiary of The Anything Trust Dated October 12, 2007, THE ANYTHING TRUST DATED OCTOBER 12, 2007 and PAUL D. BOOTH, in his capacity as trustee of The Anything Trust Dated October 12, 2007 (collectively, “Defendants”) stipulate, through their counsel of record, as follows: l. This action arises from a dispute between Plaintiff and Defendants regarding a commission from the sale of real property. 2. This action is presently scheduled for trial to commence on March 29, 2021, with a mandatory settlement conference set for March ]2, 2021. STIPULATION TO CONTINUE THE TRIAL DATE AND [PROPOSED] ORDER 3. There have been two previous requests for trial continuance in this matter, the first when trial was set in June 2020 during the peak of the COVID-19 related court closures, NHN and the second in August 2020, when trial was set in September 2020. WH 4, The parties have conducted extensive written discovery, taken party BS depositions, and have exchanged expert witness designations. A 5. On July 17, 2020, Defendants submitted a petition for coordination to the DA California Judicial Council, seeking to coordinate this matter and a related matter Defendants AY filed in Los Angeles Superior Court, and requesting a stay. That petition was denied on November 3, 2020. 10 6. The parties have each submitted a motion for summary judgment, which 1 were originally set for hearing in August 2020, but were continued on the Court’s own motion 12 while Defendants moved for coordination with the California Judicial Council. Both dispositive 13 motions are currently set for hearing on February 25, 2021. 14 7. Preparing for the quickly approaching trial date has been hampered and 15 complicated by the realities of the COVID-19 shelter in place orders, social distancing 16 requirements, and travel by some of the parties from Los Angeles to Placer County. 17 8. Plaintiff's counsel’s trial schedule has been severely impacted by COVID- 18 19 related trial continuances, many of which were unilaterally set by courts with no involvement 19 by counsel, and as a result, counsel for Plaintiffs has a double or triple set trial schedule nearly 20 every week until and through July 2021. Counsel for Defendants has trial set thereafter until 21 early September. The first available trial date for both parties after the current date is September 22 13, 2021. 23 9. The parties have been ordered to mediation in the separate but related 24 action in Los Angeles Superior Court. The parties are in the process of scheduling mediation 25 with Robert Mann, of ADR, to comply with that court order, but agree that they will attempt to 26 resolve both the Los Angeles action and this matter globally at that mediation. Accordingly, the 27 parties need additional time to work toward settlement and attend mediation. 28 ffl 2 STIPULATION TO CONTINUE THE TRIAL DATE AND [PROPOSED] ORDER 10. Accordingly, the parties respectfully request a continuance of the trial date to September 13, 2021, in order to mediate this matter after the ruling on the summary judgment RUN motions and conduct expert discovery. 11. The parties do not seek this continuance for purposes of delay or for any Fe OHO other improper purpose. The parties agree that a continuance of the trial date is in the best interests of the parties, and will serve the interests of judicial economy and efficiency. The DH parties stipulate that a continuance of the trial and pre-trial expert related discovery dates and yy deadlines is necessary for effective preparation for trial. 12.‘ The parties stipulate and agree good cause exists for a continuance 10 pursuant to California Rule of Court 3.1332(d) for the following reasons: (1) the Parties in the 11 action agree that there is a need to continue the trial date in order to attend mediation after this 12 Court rules on the summary judgment motions set for hearing on February 25, 2021; (2) there 13 have been two (2) previous continuances of the trial date which would have occurred anyhow, as trial was in the middle of the COVID-19 related shelter in place orders, and there has been no 15 delay in the preparation of the case for trial; (3) the length of the requested continuance is 16 relatively short given the realities of the petition and the international pandemic, and the parties 17 to the instant action will not suffer prejudice by a continuance; (4) all parties and counsel agree to the continuance, and affirmatively request the continuance pursuant to this stipulation; and (5) 19 the interests of justice and judicial economy will be served by a continuance. 20 13; The parties stipulate and jointly request that the March 29, 2021 trial date 2] be continued to September 13, 2021, or a date thereafter convenient for the Court, and that the 22 mandatory settlement conference currently set for March 12, 2021 be vacated and re-set to a date 23 closer to the new trial date. 24 ‘/] 25 /// 26 ‘Tf ZI //] 28 //] ~ 3 STIPULATION TO CONTINUE THE TRIAL DATE AND [PROPOSED] ORDER 14, The pasties further stipwinic and jonely regqniest that all distes and deadlines Hall be calculated based om the pew trial date, te IT IS SO STIPULATED. we Dated: February (2 , 202) SHANNON B. JONESNLAW GROUP. INC. & in A Bs he | ey NBA SHASNOS 12S, ESA). Morvys antl, PACIFIC UNION SOHAENATIONAL, INC. @& MICHAEL AJ. NANGANO, A LAW CORPORATION = ee 1397 MICHAEL AJ. NANGANO, ESQ. Attomieys for DtSondarts ERIK LAD WICK, as indiviskil and bomeficiesy of The Anything Vrwes Dated Ostoler 12, 2007: THE ANYTHING TRUST DATED OCTOBER 12, 2007; and PAUL D. BOOTH. in his capacity as irusicc of The Anything Truss Dated October $2, 2007 ORDER TT IS SO ORDERED. Dated: JUDGE OF THE SUPERIOR COURT «The nw fnal dete o - (3, 2ou al G'30 Deak TEA. [Me Curt Trust Corfetnce date is SyfhB, 200 | at 8:30 beyt. fz ° The MSC set fr March 12% 221 6 Uycakd, No raw MSC dati will ke set av fre y 2-22~2/ Mace U/avtd— se en 4 sie PUL LATIN VOC ye £ IME TRIAL DATE 48> [PROPS J aap sr the SUpaHer GRU PROOF OF SERVICE I, the undersigned, declare: I am a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is 208 W. El Pintado Road, Danville, CA 94526. On February 25, 2021, I served the within document(s): NOTICE OF ENTRY OF ORDER X___ by transmitting via email the above listed document(s) to the email address(es) set forth below on this date before 5:00 p.m. X___ by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Danville, California addressed as set forth below. 10 Attorneys for Defendants Erik Ludwick, The Co-Counsel for Defendants Erik Ludwick, The 11 Anything Trust and Paul Booth as Trustee of Anything Trust and Paul Booth as Trustee of the Anything Trust the Anything Trust 12 Michael A.J. Nangano, Esq. Lawrence E. Skidmore, Esq. Michael A.J. Nangano, A Law Corporation Aronowitz, Skidmore, Lyon 13 133 North Altadena Drive, Suite 403 200 Auburn Folsom Road, Suite 305 Pasadena, CA 91107 Auburn, CA 95603 14 Tel: (626) 796-9998 Tel: (530) 823-9736 15 Fax: (213) 232-3252 Fax: (530) 823-5241 mnangano@lacounsel.com Iskidmore@asilaw.org 16 patti@lacounsel.com 17 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 18 Executed on February 25, 2021, at Danville, California. 19 WY) Wir 20 Zl Y QMENAGER o, 22 23 24 25 26 27 28 NOTICE OF ENTRY OF ORDER