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Robert Weinstein [Bar No. 140412]
ROBERT S. WEINSTEIN & ASSOC.
12401 Wilshire Boulevard, Suite 200
Los Angeles, California 90025
T: (310) 277-7762
1039 S. Palm Canyon Drive
Palm Springs, California 92264
T: (760) 797-5502 IUN Q 2 202;
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Weinsteinlaw100@aol.com
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Ian Herzog [Bar No. 41396] ‘ —.LH-i_n.r\m: etnz‘a-‘K.
. ..
HERZOG, YUHAS, EHRLICH & ARDELL
A Professional Corporation
11400 West Olympic Boulevard, Suite 1150
Los Angeles, California 90064
10 Telephone: (3 10) 458-6660
Facsimile (3 1 0) 458-9065
:
11
herzo ix.netcom.com
12
Attorneys for Plaintiffs
BRIAN MAHAFFEY & ASHLEY MAHAFFEY
'
13 «(w
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14
IN THE SUPERIOR COURT OF CALIFORNIA
15
16
COUNTY OF SAN BERNARDINO — CENTRAL
17 BRIAN MAHAFFEY and ASHLEY CASE NO. CIVDS1908657
[Assigned to Hon. Brian McCaIville, Dept‘ S30]
MAHAFFEY, S.
18
Plaintiffs,
DECLARATION OF ROBERT EVANS, ESQ.
19
IN OPPOSITION TO DEFENDANTS
20 vs.
MOTION FOR SUMMARY JUDGMENT
21
RICHARD WILSON; JOSE MEDINA; DATE : June 16, 2021
COLORAMA WHOLESALE NURSERY dba TIME : 9:00 a.m.
22
COLORAMA; and DOES through 100,1
DEPT.: S30
23 Inclusive.
[Filed concurrently with Points and Authorities in
24 Opposition to Motion for Summary Judgment; Separate
Defendants. Statement; Declarations of Brian Mahaffey, and Ian Herzog]
25
26
DATE FILED March 21, 2019
27 TRIAL DATE July 19, 2021
28
-1—
DECLARATION OF ROBERT EVANS, ESQ. IN OPPOSITION TO DEFENDANTS
MOTION FOR SUMMARY JUDGMENT
1
DECLARATION OF ROBERT EVANS
1, ROBERT J. EVANS, declare:
1. I am a partner in the law firm of Anderholt Evans, LLP (formerly Anderholt Whittaker
LLP.) and was the attorney for Brian Mahaffey in an action styled Brian Mahafley v. Action Pumping,
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Inc., David Mahafi’ey, and Jason Mahafley, San Bernardino Superior Court Case No. ClVDSl7 l 9657.
2. The action was filed on October 11, 2017 and litigated thereafier.
3. Attached as Exhibit I is a true and correct copy of the Mediation Brief dated May 6,
2019 that outlines the claims and causes of action for 'a mediation held May 13, 2019.
4. The defendants in that case converted and improperly took Brian Mahaffey’s 20%
stock ownership interest in Action Pumping. No evidence was put forward by the defense which, in
my opinion, would have been legal justification to legally excuse the conversion of Bn'an Mahaffey’s
20% stock ownership in Action Pumping. As part of that litigation, Action Pumping’s CPA did an
evaluation and submitted financials which were attached to the Mediation Brief. Based on that, it was
my opinion that the case had a substantial high six-figure or low seven-figure value.
5. At the time of the mediation, Brian had incurred costs, attorney‘s fees, and mediation
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fees to JAMS, of $22,149.85, which included an unpaid balance of $2,490.07 owing at the conclusion
of mediation which was unsuccessful.
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6. Following mediation on May l3, 2019, I continued to engage in settlement discussions
with opposing counsel and I continued to discuss litigation tactics and strategies with Brian. During
mediation and thereafier, l informed Brian that if the case did not settle, in order for us to proceed to
trial, I anticipated the future costs, attomey’s fees, and expert witness fees would range between
-
$30,000 $35,000; and I remained confident in the claims we were pursuing against Brian’s father, his
brother, and the family business—Action Pumping Inc.
7. However, shortly afier mediation, Brian had explained that because of the April 2018
accident with a Colorama truck and the injuries he sustained both mentally, emotional and cognitively,
he no longer had that kind of money. He explained that the accident had financially put him in a hole
and he felt that he had to settle the case for whatever he could get. So reluctantly, a few months later,
Preview
Robert Weinstein [Bar No. 140412] ROBERT S. WEINSTEIN & ASSOC. 12401 Wilshire Boulevard, Suite 200 Los Angeles, California 90025 T: (310) 277-7762 1039 S. Palm Canyon Drive Palm Springs, California 92264 T: (760) 797-5502 IUN Q 2 202; \OOOQGNUI-PUJN Weinsteinlaw100@aol.com ..:‘.L<,'(.:-‘.‘,;L .. .. Ian Herzog [Bar No. 41396] ‘ —.LH-i_n.r\m: etnz‘a-‘K. . .. HERZOG, YUHAS, EHRLICH & ARDELL A Professional Corporation 11400 West Olympic Boulevard, Suite 1150 Los Angeles, California 90064 10 Telephone: (3 10) 458-6660 Facsimile (3 1 0) 458-9065 : 11 herzo ix.netcom.com 12 Attorneys for Plaintiffs BRIAN MAHAFFEY & ASHLEY MAHAFFEY ' 13 «(w ‘ 14 IN THE SUPERIOR COURT OF CALIFORNIA 15 16 COUNTY OF SAN BERNARDINO — CENTRAL 17 BRIAN MAHAFFEY and ASHLEY CASE NO. CIVDS1908657 [Assigned to Hon. Brian McCaIville, Dept‘ S30] MAHAFFEY, S. 18 Plaintiffs, DECLARATION OF ROBERT EVANS, ESQ. 19 IN OPPOSITION TO DEFENDANTS 20 vs. MOTION FOR SUMMARY JUDGMENT 21 RICHARD WILSON; JOSE MEDINA; DATE : June 16, 2021 COLORAMA WHOLESALE NURSERY dba TIME : 9:00 a.m. 22 COLORAMA; and DOES through 100,1 DEPT.: S30 23 Inclusive. [Filed concurrently with Points and Authorities in 24 Opposition to Motion for Summary Judgment; Separate Defendants. Statement; Declarations of Brian Mahaffey, and Ian Herzog] 25 26 DATE FILED March 21, 2019 27 TRIAL DATE July 19, 2021 28 -1— DECLARATION OF ROBERT EVANS, ESQ. IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT 1 DECLARATION OF ROBERT EVANS 1, ROBERT J. EVANS, declare: 1. I am a partner in the law firm of Anderholt Evans, LLP (formerly Anderholt Whittaker LLP.) and was the attorney for Brian Mahaffey in an action styled Brian Mahafley v. Action Pumping, \OWQQM&WNH Inc., David Mahafi’ey, and Jason Mahafley, San Bernardino Superior Court Case No. ClVDSl7 l 9657. 2. The action was filed on October 11, 2017 and litigated thereafier. 3. Attached as Exhibit I is a true and correct copy of the Mediation Brief dated May 6, 2019 that outlines the claims and causes of action for 'a mediation held May 13, 2019. 4. The defendants in that case converted and improperly took Brian Mahaffey’s 20% stock ownership interest in Action Pumping. No evidence was put forward by the defense which, in my opinion, would have been legal justification to legally excuse the conversion of Bn'an Mahaffey’s 20% stock ownership in Action Pumping. As part of that litigation, Action Pumping’s CPA did an evaluation and submitted financials which were attached to the Mediation Brief. Based on that, it was my opinion that the case had a substantial high six-figure or low seven-figure value. 5. At the time of the mediation, Brian had incurred costs, attorney‘s fees, and mediation NNNNNNNt—ct—tr—Ah—nv—a—n—p—n—g—a fees to JAMS, of $22,149.85, which included an unpaid balance of $2,490.07 owing at the conclusion of mediation which was unsuccessful. gBQMhWNHOOWQthWNHO 6. Following mediation on May l3, 2019, I continued to engage in settlement discussions with opposing counsel and I continued to discuss litigation tactics and strategies with Brian. During mediation and thereafier, l informed Brian that if the case did not settle, in order for us to proceed to trial, I anticipated the future costs, attomey’s fees, and expert witness fees would range between - $30,000 $35,000; and I remained confident in the claims we were pursuing against Brian’s father, his brother, and the family business—Action Pumping Inc. 7. However, shortly afier mediation, Brian had explained that because of the April 2018 accident with a Colorama truck and the injuries he sustained both mentally, emotional and cognitively, he no longer had that kind of money. He explained that the accident had financially put him in a hole and he felt that he had to settle the case for whatever he could get. So reluctantly, a few months later,