Preview
ELECTRONICALLY FILED
superior Court of California,
County of Placer
05/29/2020
Lawrence E. Skidmore (SBN 137587) By: Laurel Sanders, Deputy Clerk
ARONOWITZ SKIDMORE LYON
A PROFESSIONAL CORPORATION
NN
200 Auburn Folsom Road, Suite 305
Auburn, CA 95603
WW
Telephone: 530-823-9736
Facsimile: 530-823-5241
DB
MICHAEL A.J. NANGANO (SBN 133999)
WwW
LAW OFFICES OF MICHAEL A.J. NANGANO
133 No. Altadena Drive, Suite 403
non
Pasadena, CA 91107
Phone: (626) 796-9998
Fax: (626) 796-9992
Attorney for Defendants
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 IN AND FOR THE COUNTY OF PLACER
12
PACIFIC UNION INTERNATIONAL, ) Case No. S-CV 0042080
13 INC., ) [
) DEFENDANTS' SEPARATE
14 Plaintiff, ) STATEMENT OF UNDISPUTED
) MATERIAL FACTS IN SUPPORT OF
15 vs. MOTION FOR SUMMARY JUDGMENT
16 ) [Filed concurrently with Defendant’s Motion
ERIK LUDWICK, an individual AND Settlor ) for Summary Judgment; Declaration of Erik
17 of The Anything Trust dated October 12,2007; ) Ludwick; Request for Judicial Notice and
THE ANYTHING TRUST DATED ) Supporting Exhibits]
18 OCTOBER 12, 2007; PAUL D. BOOTH, in )
his capacity as Trustee of The Anything Trust ) Hearing Date: August 13, 2020
19 Dated October 12, 2007; and Does 1 through) Time: 8:30 A.M.
50, inclusive, ) Dept.: Dept 42
20 )
) Trial Date: |§ September 21, 2020
21 Defendants. )
)
22 )
23
24
TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
25
PLEASE TAKE NOTICE, that on August 13, 2020, at 8:30 a.m., in Department 42 of this Court
26
located at 10820 Justice Center Drive, Roseville, CA 95678, or as soon thereafter as the matter may be
27
heard, Defendants:
28
1
DEFENDANTS' SEPARATE STATEMENT OF
UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
The Anything Trust Dated October 12, 2007 (hereinafter simply “The Trust”);
Erik Ludwick, individually and as current Trustee of the Trust (“Ludwick”); and
N
Paul D. Booth, in his capacity as former Trustee of the Trust (“Booth”)
WW
(hereinafter collectively “Defendants”)
®
will submit the following Separate Statement of Undisputed Facts in support of Plaintiff's Motion
Ww
for Summary Judgment:
HD
4
DFENDANT’S SEPARATE STATEMENT
oOo
OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF SUMMARY JUDGMENT
Oo
10
11
Moving Party’s Undisputed Material Opposing Party’s Response and
12
Facts and Supporting Evidence Supporting Evidence
13 1. The Anything Trust Dated October 12,
14 2007" (hereinafter "the Trust") (attached to
15 Defendants’ "Request For Judicial Notice" as
16 Exhibit "1", is a true and correct copy of the
17 "Acknowledgment" signed by Eric Ludwick
18 ("Ludwick") and notarized on October 16,
19 2007 in Los Angeles County creating the real
20 property holding Trust,
21 *See Ludwick Declaration,f-1 and Exhibit "1"
22 to this motion.
23 2. By the "Second Amendment" dated March
24 25, 2019, Ludwick was made Trustee of the
25 Trust which was the owner of record of the
26 Los Angeles County Property located at 200
27 Toyopa Drive, Pacific Palisades, CA 90272 in
28
2
DEFENDANTS' SEPARATE STATEMENT OF
UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
F
HNO the County of Los Angeles, CA (hereinafter
"the L. A. County Property").
Ww
*See Ludwick Decl. J-1 and Exhibit "2"
dD
attached to this motion.
3. The "Residential Listing Agreement" dated
WM
September 1, 2016 between the parties to the
DW
contract: the Anything Trust and the real estate
4
brokerage Partners Trust under its own
Oo
oOo
separate Department of Real Estate license.
10 *See Ludwick Decl. 4-3 through 7; Exhibits
11 "3" and "4" attached to this motion.
12 4. Plaintiff Pacific Union International, Inc.,
13 ("Plaintiff' and/or "PUI") was never a party to
14 the listing agreement between Partners Trust
15 and the Trust and/or Ludwick, there is no
16 contractual privity between Ludwick and PUI.
17 *See Ludwick Decl. {f-7 through 9 and PUI's
18 responses to Requests for Admissions, Set One
19 attached as Exhibit "5" to this motion.
20 5. Plaintiff PUI has not sufficiently shown
21 how the convenience of the parties, witness,
22 and counsel favors litigation in Placer County
23 when the essential parties and evidence is
24 within Los Angeles County.
25 See the entire Ludwick Decl. and see this
26 Court's Order of dated October 3, 2019
27 denying Plaintiff's Motion to Consolidate is
28 attached as Exhibit "6."
3
DEFENDANTS' SEPARATE STATEMENT OF
UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
6. At the time the offer, acceptance and/or
purchase was made of the Defendants' real
DN
property located at at 200 Toyopa Drive,
W
Pacific Palisades, CA 90272 in the County of
m
om
Los Angeles, CA, that offer, the acceptance
ano
and ultimately the purchase was made while
and/or with Partners Trust as the sole and/or
the only real estate broker of record for the
Defendants and the L. A. County Property.
10
*See Ludwick Decl. J and the purchase
11
agreement attached as Exhibit "7" and the
12
Seller's final closing statement attached as
13
Exhibit "8".
14 7. According to the purchase agreement
15 Partners Trust is both the listing agent and the
16 selling agent.
17 *See attached Exhibit "7" which on/or in
18 §-2.B. states and establishes that for the sale of
19 Defendants’ the L. A. County Property,
20 Partners Trust is both the listing agent and the
21 selling agent.
22 8. According to the Seller's final settlement
23 statement issued by the Escrow company upon
24 closing / completion of the sale of the
25 Defendants’ the L. A. County Property,
26 Partners Trust again is designated and/or
27 established as the listing and/or selling broker.
28
4
DEFENDANTS' SEPARATE STATEMENT OF
UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
*See Exhibit "8" the "Sellers' Final Settlement
Statement in the Paragraph entitled "Sales
N
Commission" states: "Listing Commission to
WW
BS
PARTNERS TRUST".
(Defendants dispute that Partners Trust is
Ww
non
entitled to any commission arising from their
breach of fiduciary duty, in part by improperly
acting as a dual agent on behalf of both the
buyer and the Defendants as the sellers,
10
resulting in the action filed in Los Angeles
11
Superior Court and still pending there.
12 9. Thus, Defendants have established that
13 PUI's claim violates the statute of frauds,
14 especially as it strictly applies to real estate
15 transactions, in that there is no required and
16 necessary document between the Defendants
17 and PUI that authorizes PUI to act on
18 Defendants behalf in the sale of real estate
19 and/or to pay PUI any commission.
20 *See Ludwick Decl. in its entirety, as well as
21 Exhibits "1" through "8" and/or this motion in
22 its entirety.
23
24
Dated: 5} 234, 2020 MICHAEL A.J. NANGANO, A LAW CORPORATION
25 L nee.
26 By: ’ ‘
MICH J. NANGANO, ESQ.
27 Attorneys for Defendants
28
5
DEFENDANTS' SEPARATE STATEMENT OF
UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
Preview
ELECTRONICALLY FILED superior Court of California, County of Placer 05/29/2020 Lawrence E. Skidmore (SBN 137587) By: Laurel Sanders, Deputy Clerk ARONOWITZ SKIDMORE LYON A PROFESSIONAL CORPORATION NN 200 Auburn Folsom Road, Suite 305 Auburn, CA 95603 WW Telephone: 530-823-9736 Facsimile: 530-823-5241 DB MICHAEL A.J. NANGANO (SBN 133999) WwW LAW OFFICES OF MICHAEL A.J. NANGANO 133 No. Altadena Drive, Suite 403 non Pasadena, CA 91107 Phone: (626) 796-9998 Fax: (626) 796-9992 Attorney for Defendants 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 IN AND FOR THE COUNTY OF PLACER 12 PACIFIC UNION INTERNATIONAL, ) Case No. S-CV 0042080 13 INC., ) [ ) DEFENDANTS' SEPARATE 14 Plaintiff, ) STATEMENT OF UNDISPUTED ) MATERIAL FACTS IN SUPPORT OF 15 vs. MOTION FOR SUMMARY JUDGMENT 16 ) [Filed concurrently with Defendant’s Motion ERIK LUDWICK, an individual AND Settlor ) for Summary Judgment; Declaration of Erik 17 of The Anything Trust dated October 12,2007; ) Ludwick; Request for Judicial Notice and THE ANYTHING TRUST DATED ) Supporting Exhibits] 18 OCTOBER 12, 2007; PAUL D. BOOTH, in ) his capacity as Trustee of The Anything Trust ) Hearing Date: August 13, 2020 19 Dated October 12, 2007; and Does 1 through) Time: 8:30 A.M. 50, inclusive, ) Dept.: Dept 42 20 ) ) Trial Date: |§ September 21, 2020 21 Defendants. ) ) 22 ) 23 24 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 25 PLEASE TAKE NOTICE, that on August 13, 2020, at 8:30 a.m., in Department 42 of this Court 26 located at 10820 Justice Center Drive, Roseville, CA 95678, or as soon thereafter as the matter may be 27 heard, Defendants: 28 1 DEFENDANTS' SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT The Anything Trust Dated October 12, 2007 (hereinafter simply “The Trust”); Erik Ludwick, individually and as current Trustee of the Trust (“Ludwick”); and N Paul D. Booth, in his capacity as former Trustee of the Trust (“Booth”) WW (hereinafter collectively “Defendants”) ® will submit the following Separate Statement of Undisputed Facts in support of Plaintiff's Motion Ww for Summary Judgment: HD 4 DFENDANT’S SEPARATE STATEMENT oOo OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF SUMMARY JUDGMENT Oo 10 11 Moving Party’s Undisputed Material Opposing Party’s Response and 12 Facts and Supporting Evidence Supporting Evidence 13 1. The Anything Trust Dated October 12, 14 2007" (hereinafter "the Trust") (attached to 15 Defendants’ "Request For Judicial Notice" as 16 Exhibit "1", is a true and correct copy of the 17 "Acknowledgment" signed by Eric Ludwick 18 ("Ludwick") and notarized on October 16, 19 2007 in Los Angeles County creating the real 20 property holding Trust, 21 *See Ludwick Declaration,f-1 and Exhibit "1" 22 to this motion. 23 2. By the "Second Amendment" dated March 24 25, 2019, Ludwick was made Trustee of the 25 Trust which was the owner of record of the 26 Los Angeles County Property located at 200 27 Toyopa Drive, Pacific Palisades, CA 90272 in 28 2 DEFENDANTS' SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT F HNO the County of Los Angeles, CA (hereinafter "the L. A. County Property"). Ww *See Ludwick Decl. J-1 and Exhibit "2" dD attached to this motion. 3. The "Residential Listing Agreement" dated WM September 1, 2016 between the parties to the DW contract: the Anything Trust and the real estate 4 brokerage Partners Trust under its own Oo oOo separate Department of Real Estate license. 10 *See Ludwick Decl. 4-3 through 7; Exhibits 11 "3" and "4" attached to this motion. 12 4. Plaintiff Pacific Union International, Inc., 13 ("Plaintiff' and/or "PUI") was never a party to 14 the listing agreement between Partners Trust 15 and the Trust and/or Ludwick, there is no 16 contractual privity between Ludwick and PUI. 17 *See Ludwick Decl. {f-7 through 9 and PUI's 18 responses to Requests for Admissions, Set One 19 attached as Exhibit "5" to this motion. 20 5. Plaintiff PUI has not sufficiently shown 21 how the convenience of the parties, witness, 22 and counsel favors litigation in Placer County 23 when the essential parties and evidence is 24 within Los Angeles County. 25 See the entire Ludwick Decl. and see this 26 Court's Order of dated October 3, 2019 27 denying Plaintiff's Motion to Consolidate is 28 attached as Exhibit "6." 3 DEFENDANTS' SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 6. At the time the offer, acceptance and/or purchase was made of the Defendants' real DN property located at at 200 Toyopa Drive, W Pacific Palisades, CA 90272 in the County of m om Los Angeles, CA, that offer, the acceptance ano and ultimately the purchase was made while and/or with Partners Trust as the sole and/or the only real estate broker of record for the Defendants and the L. A. County Property. 10 *See Ludwick Decl. J and the purchase 11 agreement attached as Exhibit "7" and the 12 Seller's final closing statement attached as 13 Exhibit "8". 14 7. According to the purchase agreement 15 Partners Trust is both the listing agent and the 16 selling agent. 17 *See attached Exhibit "7" which on/or in 18 §-2.B. states and establishes that for the sale of 19 Defendants’ the L. A. County Property, 20 Partners Trust is both the listing agent and the 21 selling agent. 22 8. According to the Seller's final settlement 23 statement issued by the Escrow company upon 24 closing / completion of the sale of the 25 Defendants’ the L. A. County Property, 26 Partners Trust again is designated and/or 27 established as the listing and/or selling broker. 28 4 DEFENDANTS' SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT *See Exhibit "8" the "Sellers' Final Settlement Statement in the Paragraph entitled "Sales N Commission" states: "Listing Commission to WW BS PARTNERS TRUST". (Defendants dispute that Partners Trust is Ww non entitled to any commission arising from their breach of fiduciary duty, in part by improperly acting as a dual agent on behalf of both the buyer and the Defendants as the sellers, 10 resulting in the action filed in Los Angeles 11 Superior Court and still pending there. 12 9. Thus, Defendants have established that 13 PUI's claim violates the statute of frauds, 14 especially as it strictly applies to real estate 15 transactions, in that there is no required and 16 necessary document between the Defendants 17 and PUI that authorizes PUI to act on 18 Defendants behalf in the sale of real estate 19 and/or to pay PUI any commission. 20 *See Ludwick Decl. in its entirety, as well as 21 Exhibits "1" through "8" and/or this motion in 22 its entirety. 23 24 Dated: 5} 234, 2020 MICHAEL A.J. NANGANO, A LAW CORPORATION 25 L nee. 26 By: ’ ‘ MICH J. NANGANO, ESQ. 27 Attorneys for Defendants 28 5 DEFENDANTS' SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT