On May 22, 2019 a
Order
was filed
involving a dispute between
Cruz, Nicole,
Mitchell, David,
The Lucas Corporation,
and
All Persons Claiming,
California Td Specialists,
Milligan, Jerilyn,
Milligan, Tim,
Nolan, Margaret Katherine,
Profit Sharing Plan,
Red Leaf Servicing,
Red Leaf Servicing, Inc.,
Red Leaf Servicing, Llc,
Rothchild, Jeffery,
Source Capital Funding, Inc.,
Tjm Real Estate Investments,
Tjm Real Estate Investments Inc.,
for Unlimited Civil Complaint - Real Property
in the District Court of San Bernardino County.
Preview
Randal P. Hannah, Esq., SBN: 138778 F | L E D
€111 EéFrazee, SBN: 341907 SUPERDR coufillggg‘ckgglfigm
E&fitNDAL P' HANNAH
0F s
'
CSENEERNARDINO DISTRICT
4§A9 N, (£1125? '
Upland CA 91786
MAY 2 3 2023
rhannai1@rphannahlaw.com
-P Telephone: 608-1220
.
FaCSImile:
£9093
909 608-1222)608—1222 /--/’~.
U1
lDePUW
Attorne for Plaintiffs,
‘
O\
NICOL CRUZ, ADMINISTRATOR OF
THE ESTATE OF DAVID JOHN MITCHELL
fl and THE LUCAS CORPORATION
00
SUPERIOR COURT OF THE STATE OF CALIFORNIA
O
FOR THE COUNTY OF SAN BERNARDINO
10
DAVID MITCHELL, an individual, and CASE NO. CIVDSI91 5345
11
12
THE LUCAS CORPORATION, a
California corporation {Pm ORDER
Plaintiffs,
13 DATE: May 19, 2023
VS. TIME: 8:30 a.m.
14 vvvvvvvvvvvvvvv
DEPT:SZ9
MARGARET KATHERINE NOLAN, an
15 individual; TIM REAL ESTATE
INVESTMENTS PROFIT SHARE PLAN;
16 TIM REAL ESTATE INVESTMENTS,
Inc., a California corporation; RED LEAF
1'7 SERVICING, Inc., a corporation; RED
LEAF SERVICING, LLC, a limited liability
'
18 compan ;RED LEAF SERVICING, a
partners ip; RED LEAF SERVICING, a
19 rletorship; SOURCE CAPITAL
Milligo dba Red
F G, INC, a co oration,
20 Leaf Servicing; JEFF Y ROTHCHILD, an
individual; and all fiersons claiming by,
21 through, or undert em, any legal or
equitable, or right, title, estate, lien 0r
vvvvvvvvvvvvvv
22 interest in the rogertsy described in this
complaint; anfD E 1 through 50,
23 inclusive,
24 Defendants.
25
MARGARET KATHERINE NOLAN, and
26 TIM MILLIGAN as CO-TRUSTEE of the
TIM REAL ESTATE INVESTIVIENTS,
27 INC. PROFIT SHARING PLAN AND VVVVVVVV
JERILYN MILLIGAN as CO-TRUSTEE of
28 the TIM REAL ESTATE INVESTMENTS,
INC. PROFIT SHARING PLAN,
[PROPOSED] ORDER
1
Cross-Complainants, )
)
vs.
g
DAVID J. MITCHELL, and individual, and )
THE LUCAS CORPORATION, a )
California co oration; GENERAL )
PROPERTIE INCORPORATED, a )
Nevada corporation, and ROES through 1 )
,
20, inclusive, )
)
\DOO\)O\U'IJ>-
Cross—Defendants. )
J .
The above-captioned matter came on for hearing of an EX PARTE APPLICATION TO
ENFORCE SETTLEMENT OR FOR AN ORDER SHORTENING TIME, UNJUST
1o ENRICHlVIENT, DISGORGEMENT OF FUNDS, ATTORNEYS FEES AND COSTS on May
Honorable Janet M. Frangie, Judge presiding. Plaintiff, Nicole Cruz,
11 19, 2023, the
Estate of David Mitchell;
12 Administrator the Estate of David Mitchell and as Conservator of the
P. Hannah; William
13 and the Lucas Corporation; appeared by their attorneys of record, Randal
Mitchell and as the
14 Nassar appeared as the Special Administrator of the Estate of David
15 Guardian Ad Litem of David Mitchell, and made a special appearance on behalf of Jennifer
Estate of David Mitchell.
16 Daniel, representing Nicole Cruz, as the Administrator of the
1’7
Defendants, Margaret Katherine Nolan, and Tim Milligan as Co-trustee of the TJM Real Estate
18 Investments, Inc. Profit Sharing Plan and Jerilyn Milligan as
Co-trustee 0f the TJM Real Estate
their attorney 0f record, Andrew
19 Investments, Inc. Profit Sharing Plan, appeared by and through
20 J. Mase.
21 Application having been made and good cause appearing therefore and 0n proof made t0
22 the satisfaction of the Court:
23 IT IS ORDERED that:
24 1. The time for hearing the EX PARTE APPLICATION TO ENFORCE
25 SETTLEMENT OR FOR AN ORDER SHORTENING TIME, UNJUST ENRICHMENT,
26 DISGORGEMENT OF FUNDS, ATTORNEYS FEES AND COSTS is hereby shortened and
82,9, 0f
27 the hearing of the matter is set to take place on June 7, 2023, at 8:30 a.m. in Department
28 the above entitled Court;
[PROPOSED] ORDER
2
Preview
Randal P. Hannah, Esq., SBN: 138778 F | L E D €111 EéFrazee, SBN: 341907 SUPERDR coufillggg‘ckgglfigm E&fitNDAL P' HANNAH 0F s ' CSENEERNARDINO DISTRICT 4§A9 N, (£1125? ' Upland CA 91786 MAY 2 3 2023 rhannai1@rphannahlaw.com -P Telephone: 608-1220 . FaCSImile: £9093 909 608-1222)608—1222 /--/’~. U1 lDePUW Attorne for Plaintiffs, ‘ O\ NICOL CRUZ, ADMINISTRATOR OF THE ESTATE OF DAVID JOHN MITCHELL fl and THE LUCAS CORPORATION 00 SUPERIOR COURT OF THE STATE OF CALIFORNIA O FOR THE COUNTY OF SAN BERNARDINO 10 DAVID MITCHELL, an individual, and CASE NO. CIVDSI91 5345 11 12 THE LUCAS CORPORATION, a California corporation {Pm ORDER Plaintiffs, 13 DATE: May 19, 2023 VS. TIME: 8:30 a.m. 14 vvvvvvvvvvvvvvv DEPT:SZ9 MARGARET KATHERINE NOLAN, an 15 individual; TIM REAL ESTATE INVESTMENTS PROFIT SHARE PLAN; 16 TIM REAL ESTATE INVESTMENTS, Inc., a California corporation; RED LEAF 1'7 SERVICING, Inc., a corporation; RED LEAF SERVICING, LLC, a limited liability ' 18 compan ;RED LEAF SERVICING, a partners ip; RED LEAF SERVICING, a 19 rletorship; SOURCE CAPITAL Milligo dba Red F G, INC, a co oration, 20 Leaf Servicing; JEFF Y ROTHCHILD, an individual; and all fiersons claiming by, 21 through, or undert em, any legal or equitable, or right, title, estate, lien 0r vvvvvvvvvvvvvv 22 interest in the rogertsy described in this complaint; anfD E 1 through 50, 23 inclusive, 24 Defendants. 25 MARGARET KATHERINE NOLAN, and 26 TIM MILLIGAN as CO-TRUSTEE of the TIM REAL ESTATE INVESTIVIENTS, 27 INC. PROFIT SHARING PLAN AND VVVVVVVV JERILYN MILLIGAN as CO-TRUSTEE of 28 the TIM REAL ESTATE INVESTMENTS, INC. PROFIT SHARING PLAN, [PROPOSED] ORDER 1 Cross-Complainants, ) ) vs. g DAVID J. MITCHELL, and individual, and ) THE LUCAS CORPORATION, a ) California co oration; GENERAL ) PROPERTIE INCORPORATED, a ) Nevada corporation, and ROES through 1 ) , 20, inclusive, ) ) \DOO\)O\U'IJ>- Cross—Defendants. ) J . The above-captioned matter came on for hearing of an EX PARTE APPLICATION TO ENFORCE SETTLEMENT OR FOR AN ORDER SHORTENING TIME, UNJUST 1o ENRICHlVIENT, DISGORGEMENT OF FUNDS, ATTORNEYS FEES AND COSTS on May Honorable Janet M. Frangie, Judge presiding. Plaintiff, Nicole Cruz, 11 19, 2023, the Estate of David Mitchell; 12 Administrator the Estate of David Mitchell and as Conservator of the P. Hannah; William 13 and the Lucas Corporation; appeared by their attorneys of record, Randal Mitchell and as the 14 Nassar appeared as the Special Administrator of the Estate of David 15 Guardian Ad Litem of David Mitchell, and made a special appearance on behalf of Jennifer Estate of David Mitchell. 16 Daniel, representing Nicole Cruz, as the Administrator of the 1’7 Defendants, Margaret Katherine Nolan, and Tim Milligan as Co-trustee of the TJM Real Estate 18 Investments, Inc. Profit Sharing Plan and Jerilyn Milligan as Co-trustee 0f the TJM Real Estate their attorney 0f record, Andrew 19 Investments, Inc. Profit Sharing Plan, appeared by and through 20 J. Mase. 21 Application having been made and good cause appearing therefore and 0n proof made t0 22 the satisfaction of the Court: 23 IT IS ORDERED that: 24 1. The time for hearing the EX PARTE APPLICATION TO ENFORCE 25 SETTLEMENT OR FOR AN ORDER SHORTENING TIME, UNJUST ENRICHMENT, 26 DISGORGEMENT OF FUNDS, ATTORNEYS FEES AND COSTS is hereby shortened and 82,9, 0f 27 the hearing of the matter is set to take place on June 7, 2023, at 8:30 a.m. in Department 28 the above entitled Court; [PROPOSED] ORDER 2