Motion,Ex Parte: DAVID MITCHELL, ET AL -V- MARGARET NOLAN ET AL Print

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                                Randal P. Hannah, Esq.. > SBN: 138778                                      SUPERIOR COURT ‘OF CALIFORNIA
      LAW OFFICE OF RA           AL P. HANNAH                                             OF SAN BERNARDINO
      489 N. Central Avenue                                                       oSANN BERNARDINO CISTRICT
      Upland, CA 91786                                                                   MAY 1.8 2023
      Telephone     909) 608-1220
      Facsimile     909) 608-1222
      Attorney for Plaintiffs,                                                     _PCea       h
                                                                                       PAY ngv STROH, DEPUTY
      NICOL. CRUZ, ADMINISTRATOR OF
      THE ESTATE OF DAVID JOHN MITCHELL
      and THE LUCAS CORPORATION

                                     SUPERIOR COURT OF CALIFORNIA
                                        COUNTY OF SAN BERNARDINO
      DAVID MITCHELL, an individual, and                 )       CASE NO.       CIVDS1915345
10    THE LUCAS CORPORATION, a
      California corporation.                                    Assigned to the Hon. Judge Janet M. Frangie
11
                                      Plaintiffs.        )       Related to: CONSP2000265,     PROSB2200063
12)
              VS.                                                EX PARTE APPLICATION TO
13                                                               ENFORCE SETTLEMENT OR FOR AN
      MARGARET KATHERINE NOLAN, an                               ORDER SHORTENING TIME, UNJUST
14)   individual; TIM REAL ESTATE                                ENRICHMENT, DISGORGEMENT OF
      INVESTMENTS PROFIT SHARE PLAN                              FUNDS, ATTORNEYS FEES AND
15|   TJM REAL ESTATE INVESTMENTS,                               COSTS; MEMORANDUM OF POINTS
      Inc., a California corporation; RED LEAF                   AND AUTHORITIES; and
16)   SERVICING, Inc., a col oration; RED                        DECLARATIONS OF RANDAL P.
      LEAF SERVICING, LL           a limited liability           HANNAH and WILLIAM NASSAR
17    company; RED LEAF SERVI
      partnership ; RED LEAF SERVICING, a                        Date:    MAY 1 9 2023
18    sole proprietors ip; SOURCE CAPITAL                          ime:   136     avn
                      C., a cor oration, dba Red                 Dept.
19    Leaf Servicing: JEFF      YY ROTHCHILD, an.                         5d4
20)                       h
      individual; and all ersons claiming by,
      through, or under t! em, any legal or
      equitable, or right, title, estate, lien or

      complaint; andEDOES,
21    interest in the pri        described in this
                                1 through 50,
22    inclusive.

23                                    Defendants
241
      MARGARET KATHERINE NOLAN, and
25    TIM MILLIGAN as CO-TRUSTEE of the
      TJM REAL ESTATE INVESTMENTS.
26    INC. PROFIT SHARING PLAN AND
      JERILYN MILLIGAN as CO-TRUSTEE of
27    the TJM REAL ESTATE INVESTMENTS
      INC. PROFIT SHARING PLAN.
28
                              Cross-Complainants,

                     EX PARTE APPLICATION TO ENFORCE SETTLEMENT OR FOR AN ORDER SHORTENING TIME
                                                             1
DAVID J. MITCHELL, and individual, and
      THE LUCAS CORPORATION,         a
      California cot oration; GENERAL
      PROPERTIES INCORPORATED, a
      Nevada corporation, and ROES | through
      20, inclusive,

                           Cross-Defendants.

      TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
             PLEASE TAKE NOTICE that on                         , at 9:00 a.m. or as soon thereafter as the

      above-entitled matter may be heard in Department        _ , of the above-referenced court, located at
      247 W. 3rd St, San Bernardino, California 92401, the Court appointed Administrator of Estate of
10)   David Mitchell, NICOLE CRUZ, by and through her counsel of record, will apply, on an ex
11    parte basis, to the Court, for an Order Shortening Time and an Order to Enforce Settlement.

12)          This Application is made in accordance with the provisions of C.C.P. § 664.6, for an
13    Order and entry of Judgment enforcing the terms of a settlement agreement between Plaintiffs
14]   and Cross-Defendants, NICOLE CRUZ, ADMINISTRATOR OF THE ESTATE OF DAVID

15    JOHN MITCHELL and THE LUCAS CORPORATION and Defendants, MARGARET
16    KATHERINE NOLAN, an individual; TIM REAL ESTATE INVESTMENTS PROFIT SHARE
17|   PLAN; TJM REAL ESTATE INVESTMENTS, Inc., a California corporation, pursuant to a

18)   signed Settlement Agreement fully executed on October 11, 2022.
19)          This Application and Motion is further based upon this notice, upon the attached
20    Memorandum of Points and Authorities, upon the facts stated in the Declaration of Randal P.
21    Hannah and the Exhibits thereto; upon the records and files in this action; and upon such further

22    evidence and argument as may be presented prior to or at the time of hearing on the motion.
23    DATED: May 17, 2023
24                                                      LAW OFFICE OF RANDAL P. HANNAH
25

26                                                      meee   RANDAL P. HANNAH, Attorney for
27                                                             Plaintiffs, NICOLE CRUZ,
                                                               ADMINISTRATOR OF THE ESTATE
28                                                             OF DAVID JOHN MITCHELL


                   EX PARTE APPLICATION TO ENFORCE SETTLEMENT OR FOR AN ORDER SHORTENING TIME
                                                       2