Document for Michael M Stewart Trust v Ian Alban Stewart, Sr

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                           DECLARATION OF IAN ALBAN STEWART, SR.
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            I, Ian Alban Stewart, Sr., declare as follows:
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             1.     I have personal knowledge of the facts stated in this Declaration. If called to testify
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     as a witness, I could and would testify truthfully and competently to the facts stated in this
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     Declaration.
            2.      I am one of the defendants in this action.
            3.      I submit this declaration in support of the Opposition to Plaintiffs Application for
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     Right to Attach Order and for Writ of Attachment.
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            4.      Acting as trustee of behalf of the Trust, I hired High Roads Consulting, LLC ("High
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     Roads" to perform certain services in connection with the remediation of the property located at
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     3139 Sea Cliff Drive (the "Sea Cliff Property").
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            5.      While High Roads never got to the point of physically removing soil from the Sea
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     Cliff Property, High Roads performed a number of valuable services that will benefit the future
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     property owner (if the sale of the Sea Cliff Property takes place) and that contributed to an increase
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     in the value of the Sea Cliff Property for sale purposes.
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            6.      By way of example only, High Roads subcontracted with Campbell Geological to
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     perform a soil evaluation and report at a cost of$119,541, Mac Designs to perfonn an engineering
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     report at a cost of$29,543, and RDH Land Surveying to perform a survey of the Sea Cliff Property
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     at a cost of$13, 287. All of these reports were submitted to the County and are necessary to obtain
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     approval of the remediation plan and the lot split.
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            I declare under penalty of perjury under the laws of the State of California that the foregoing
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     is true and correct. This Declaration is executed by me on November 13, 2023, at Columbus, North
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     Carolina.
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                                                                             Ian Alban Stewart. Sr.
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                                                        - 2-
28       DECLARATION OF DEFENDANT IAN ALBAN STEWART, SR. IN SUPPORT OF
       OPPOSITION TO PLAINTIFF'S APPLICATION FOR RIGHT TO ATTACH ORDER AND
                             FOR WRIT OF ATTACHMENT
 1                                       PROOF OF SERVICE

 2                        The Michael M. Stewart Trust, a California trust vs.
               Ian Alban Stewart, Sr., an individual; Ian Alban Stewart, Jr., an individual
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                          Santa Barbara Superior Court Case No. 22CV04219
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            I am employed in the County of Santa Barbara, State of California. I am over the age of
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     Santa Barbara, California 93101. My electronic service address is sarah.chacon@rimonlaw.com.
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 7        On November 13, 2023, I served the document described: DECLARATION OF
     DEFENDANT IAN ALBAN STEWART, SR. IN SUPPORT OF OPPOSITION TO
 8   PLAINTIFF’S APPLICATION FOR RIGHT TO ATTACH ORDER AND FOR WRIT
     OF ATTACHMENT on the interested parties in this action as follows:
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                                   SEE ATTACHED SERVICE LIST
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      BY MAIL (U.S. POSTAL SERVICE):
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              I deposited the sealed envelopes with the U.S. Postal Service with postage fully
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              I placed the envelope for collection and mailing on the date and at the place as
13   indicated herein following our ordinary business practices. I am readily familiar with this
     business’s practice for collecting and processing correspondence/documents for mailing. On the
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     same day that it is placed for collection and mailing, it is deposited in the ordinary course of
15   business with the U.S. Postal Service in sealed envelopes with postage fully prepaid.

16    BY EMAIL-PDF TRANSMISSION: I electronically served the above document to the
     electronic service addresses of the persons as shown on the Service List, below. My email
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     address is sarah.chacon@rimonlaw.com.
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      BY PERSONAL SERVICE: Such envelopes were hand-delivered to the addressees on the
19   Service List, below.
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      BY OVERNIGHT DELIVERY SERVICE: I deposited such envelopes for collection by
21   FedEx, in Santa Barbara, CA, sealed in an envelope or package designated by FedEx, addressed
     as indicated on the Service List below, and with fees paid for overnight delivery.
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      (STATE) I declare under penalty of perjury under the laws of the State of California that the
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     foregoing is true and correct.
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            Executed on November 13, 2023, at Santa Barbara, California.
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27                                                               Sarah Chacon
                                                         Litigation Practice Assistant
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                                          PROOF OF SERVICE
 1                                 SERVICE LIST

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                 Name & Address                           Relationship
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     Matthew Clarke, Esq.                 Attorneys for Plaintiff, Norman Colavincenzo,
 4   Kelley Clarke, PC                    Trustee of the Michael M. Stewart Trust
     603 East Broadway Street
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     Prosper, Texas 75078
 6   matt@kelleyclarke.com
     (Via email only)
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                                  PROOF OF SERVICE