On May 22, 2019 a
Motion-Secondary
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.
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F l L E D
SUPERIOR COURT 0F CAUFORNIA
FIDELITY NATIONAL LAW GROUP COUNTY 0F SAN BERNARDINO
MARY A. LAZARAN (SBN 140467) SAN BERNARDINO DISTRICT
601 Figueroa Street, Suite 4025
%M
S.
Los Angeles, California 9001 7
JUL l 8 2022
Telephone: (213) 438-7219
Facsimile: (213) 438-441 7 BY '4
Email: Mary.Lazaran@fnf.com DANIEL usnLem, DEPUTY
Attorneys for Defendants and Cross-Complainants,
MARGARET KATHERINE NOLAN, and TIM MILLIGAN as CO-TRUSTEE of the TIM REAL
ESTATE INVESTMENTS, INC. PROFIT SHARING PLAN and JERILYN MILLIGAN as CO-
TRUSTEE 0f the TIM REAL ESTATE INVESTMENTS, INC. PROFIT SHARING PLAN
\OOO\]O\
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
10
11 DAVID MITCHELL, an individual, and THE Case No. CIVDSl915345
LUCAS CORPORATION, a California
12 corporation, Assigned to Hon. Janet M. Frangie, Dept. S29
13 Plaintiff,
DEFENDANTS’ SUPPLEMENTAL BRIEF
14 vs. IN OPPOSITION TO PLAINTIFFS’ EX
PARTE APPLICATION TO ENJOIN
15 MARGARET KATHERINE NOLAN, an ENFORCEMENT OF LIEN AND FOR
individual; TJM REAL ESTATE ORDER TO SHOW CAUSE AND
16
INVESTMENTS PROFIT SHARE PLAN; TJM TEMPORARY RESTRAINING ORDER
REAL ESTATE INVESTMENTS, Inc., a
California corporation; RED LEAF
17
SERVICING, Inc., a corporation; RED LEAF Date: July 29, 2022
SERVICING, LLC, a limited liability company; Time: 8:30 a.m.
18 RED LEAF SERVICING, a partnership; RED Dept: S29
LEAF SERVICING, a sole proprietorship;
19 SOURCE CAPITAL FUNDING, INC., a
corporation, dba Red Leaf Servicin ;
JEFFREY Action Filed: May 22, 2019
20 ROTHCHILD, an individual; and a l persons
’
claiming by, through, 0r under them, any legal [Defendants Evidentiary Objections t0 the
21 0r equitable, 0r right, title, estate, lien or interest Declarations ofNicole Cruz and William
in the property described in this complaint; and Nassar in Support ofSupplement t0 Plaintijjfs’
22 DOES 1 through 50, inclusive, Ex Parte Application t0 Enjoin Enforcement 0f
Lien and For Order t0 Show Cause and
23 Defendants. Temporary Restraining Orderfiled
concurrently herewith]
24 MARGARET KATHERINE NOLAN, and TIM
MILLIGAN as CO-TRUSTEE ofthe THVI
25 REAL ESTATE INVESTMENTS, INC.
PROFIT SHARING PLAN and JERILYN
26 MILLIGAN as CO-TRUSTEE of the THVI
REAL ESTATE INVESTMENTS, INC.
27 PROFIT SHARING PLAN,
28 Cross—Complainants,
l
DOCUMENT PREPARED
ON RECYCLED PAPER DEFENDANTS’ SUPPLEMENTAL BRIEF IN OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION
TO ENJOIN ENFORCEMENT 0F LIEN AND FOR ORDER TO SHOW CAUSE AND TEMPORARY
RESTRAINING ORDER
1
vs.
2 DAVID J. MITCHELL, an individual, and THE
LUCAS CORPORATION, a California
3 corporation; GENERAL PROPERTIES
INCORPORATED, a Nevada corporation; and
4 ROES through 20, inclusive,
1
5 Cross—Defendants.
6
7 TO THE HONORABLE COURT, ALL PARTIES AND TO THEIR ATTORNEYS OF
8 RECORD HEREIN:
9 Defendants, MARGARET KATHERINE NOLAN, and TIM MILLIGAN as CO-
10 TRUSTEE of the TJM REAL ESTATE INVESTMENTS, INC. PROFIT SHARING PLAN and
ll JERILYN MILLIGAN as CO-TRUSTEE 0f the TJM REAL ESTATE INVESTMENTS, INC.
12 PROFIT SHARING PLAN (collectively “Defendants”), hereby respectfully submit their
13 Supplemental Briefin Opposition t0 Plaintiffs’ Ex Parte Application t0 Enjoin Enforcement ofLien
14 and For Order to Show Cause and Temporary Restraining Order, and incorporate by reference
15 herein, Defendants” Opposition previously filed with the Court on June 29, 2022.
l6
Date: July 15, 2022 FIDELITY NATIONAL LAW GROUP
jW
1 7
18
19
WW?
MARYQ LAZ’
Attorneys for Defen ants and Cross—Complainants,
20 MARGARET KATHERINE NOLAN, and TIM
MILLIGAN as CO-TRUSTEE ofthe TJM REAL
21 ESTATE INVESTMENTS, INC. PROFIT
SHARING PLAN and JERILYN MILLIGAN as
22 CO-TRUSTEE of the TJM REAL ESTATE
INVESTMENTS, INC. PROFIT SHARING PLAN
23
24
25
26
27
28
DOCUMENT PREPARED
ON RECYCLED PAPER 2
DEFENDANTS’ SUPPLEMENTAL BRIEF IN OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION TO ENJOIN
ENFORCEMENT OF LIEN AND FOR ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER
Preview
F l L E D SUPERIOR COURT 0F CAUFORNIA FIDELITY NATIONAL LAW GROUP COUNTY 0F SAN BERNARDINO MARY A. LAZARAN (SBN 140467) SAN BERNARDINO DISTRICT 601 Figueroa Street, Suite 4025 %M S. Los Angeles, California 9001 7 JUL l 8 2022 Telephone: (213) 438-7219 Facsimile: (213) 438-441 7 BY '4 Email: Mary.Lazaran@fnf.com DANIEL usnLem, DEPUTY Attorneys for Defendants and Cross-Complainants, MARGARET KATHERINE NOLAN, and TIM MILLIGAN as CO-TRUSTEE of the TIM REAL ESTATE INVESTMENTS, INC. PROFIT SHARING PLAN and JERILYN MILLIGAN as CO- TRUSTEE 0f the TIM REAL ESTATE INVESTMENTS, INC. PROFIT SHARING PLAN \OOO\]O\ SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 10 11 DAVID MITCHELL, an individual, and THE Case No. CIVDSl915345 LUCAS CORPORATION, a California 12 corporation, Assigned to Hon. Janet M. Frangie, Dept. S29 13 Plaintiff, DEFENDANTS’ SUPPLEMENTAL BRIEF 14 vs. IN OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION TO ENJOIN 15 MARGARET KATHERINE NOLAN, an ENFORCEMENT OF LIEN AND FOR individual; TJM REAL ESTATE ORDER TO SHOW CAUSE AND 16 INVESTMENTS PROFIT SHARE PLAN; TJM TEMPORARY RESTRAINING ORDER REAL ESTATE INVESTMENTS, Inc., a California corporation; RED LEAF 17 SERVICING, Inc., a corporation; RED LEAF Date: July 29, 2022 SERVICING, LLC, a limited liability company; Time: 8:30 a.m. 18 RED LEAF SERVICING, a partnership; RED Dept: S29 LEAF SERVICING, a sole proprietorship; 19 SOURCE CAPITAL FUNDING, INC., a corporation, dba Red Leaf Servicin ; JEFFREY Action Filed: May 22, 2019 20 ROTHCHILD, an individual; and a l persons ’ claiming by, through, 0r under them, any legal [Defendants Evidentiary Objections t0 the 21 0r equitable, 0r right, title, estate, lien or interest Declarations ofNicole Cruz and William in the property described in this complaint; and Nassar in Support ofSupplement t0 Plaintijjfs’ 22 DOES 1 through 50, inclusive, Ex Parte Application t0 Enjoin Enforcement 0f Lien and For Order t0 Show Cause and 23 Defendants. Temporary Restraining Orderfiled concurrently herewith] 24 MARGARET KATHERINE NOLAN, and TIM MILLIGAN as CO-TRUSTEE ofthe THVI 25 REAL ESTATE INVESTMENTS, INC. PROFIT SHARING PLAN and JERILYN 26 MILLIGAN as CO-TRUSTEE of the THVI REAL ESTATE INVESTMENTS, INC. 27 PROFIT SHARING PLAN, 28 Cross—Complainants, l DOCUMENT PREPARED ON RECYCLED PAPER DEFENDANTS’ SUPPLEMENTAL BRIEF IN OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION TO ENJOIN ENFORCEMENT 0F LIEN AND FOR ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER 1 vs. 2 DAVID J. MITCHELL, an individual, and THE LUCAS CORPORATION, a California 3 corporation; GENERAL PROPERTIES INCORPORATED, a Nevada corporation; and 4 ROES through 20, inclusive, 1 5 Cross—Defendants. 6 7 TO THE HONORABLE COURT, ALL PARTIES AND TO THEIR ATTORNEYS OF 8 RECORD HEREIN: 9 Defendants, MARGARET KATHERINE NOLAN, and TIM MILLIGAN as CO- 10 TRUSTEE of the TJM REAL ESTATE INVESTMENTS, INC. PROFIT SHARING PLAN and ll JERILYN MILLIGAN as CO-TRUSTEE 0f the TJM REAL ESTATE INVESTMENTS, INC. 12 PROFIT SHARING PLAN (collectively “Defendants”), hereby respectfully submit their 13 Supplemental Briefin Opposition t0 Plaintiffs’ Ex Parte Application t0 Enjoin Enforcement ofLien 14 and For Order to Show Cause and Temporary Restraining Order, and incorporate by reference 15 herein, Defendants” Opposition previously filed with the Court on June 29, 2022. l6 Date: July 15, 2022 FIDELITY NATIONAL LAW GROUP jW 1 7 18 19 WW? MARYQ LAZ’ Attorneys for Defen ants and Cross—Complainants, 20 MARGARET KATHERINE NOLAN, and TIM MILLIGAN as CO-TRUSTEE ofthe TJM REAL 21 ESTATE INVESTMENTS, INC. PROFIT SHARING PLAN and JERILYN MILLIGAN as 22 CO-TRUSTEE of the TJM REAL ESTATE INVESTMENTS, INC. PROFIT SHARING PLAN 23 24 25 26 27 28 DOCUMENT PREPARED ON RECYCLED PAPER 2 DEFENDANTS’ SUPPLEMENTAL BRIEF IN OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION TO ENJOIN ENFORCEMENT OF LIEN AND FOR ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER