Motion to Compel Arbitration in GOLDEN GLOBAL ENTERPRISES INC., a California Corporation, et al vs. TIM ONDERKO, et al| Trellis.Law

On May 24, 2022 a Order to Show Cause was filed involving a dispute between 8880 Elder Creek Holdings, A California Limited Liability Corporation, Global Investment Trust- 2017Y, Golden Global Enterprises Inc., A California Corporation, and Does 1-10, Inclusive, Onderko, Tim, for (42) Unlimited Other Complaint (Not Spec) in the District Court of San Mateo County.

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DOMINIC V. SIGNOROTTI, SBN 267712
dominic@ mckennabrink.com IF t
TANNER D. BRINK, SBN 244791 oN 6/21/2023
tanner@ mckennabrink.com /s/ Priscilla Tovar
MCKENNA | BRINK | SIGNOROTTI LLP Deputy Clerk
1350 Treat Blvd, Suite 105
Walnut Creek, CA 94597
Telephone: 925 433-5448
Facsimile: 844 230-2856

Attorneys for Defendant TIM ONDERKO

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN MATEO
10

11 GOLDEN GLOBAL ENTERPRISES Case No. 22-CIV-02099
9 INC., a Califomia Corporation, GOLDEN
° e<
z0 12 GLOBAL INVESTMENT TRUST - 2017, EVIDENCE INDEX IN SUPPORT OF
ef by and through its Trustee, Donald A. RESPONSE TO ORDERTO SHOW
13 Wilson; and 8880 ELDER CREEK CAUSE WHY THE RECENT MOTIONTO
HOLDINGS, a California limited liability COMPEL ARBITRATION SHOULD NOT
14 corporation, BE STRICKEN
a=
15 Plaintiffs, Date: June 28, 2023
Time: 2:00 p.m.
16 vs. Dept.: 2
17 TIM ONDERKO, an individual, and as Action Filed: April 25, 2022
owner of a 49% interest in 8880 Elder Trial Date: August 9, 2023
18 Creek Holdings, LLC, a California limited
liability corporation; and DOES 1-10,
19 inclusive,

20 Defendants.

21
Defendant Tim Onderko (“Tim”) submits this Evidence Index in support of his Order to
22
Show Cause why the Recent Motion to Compel Arbitration Should Not be Stricken.
23
Exhibit Exhibit Title
24 A Court Order on Original Petition
25 B Original Petition to Compel Arbitration
26 Objection to Original Petition to Compel Arbitration
27 Tentative Ruling on Original Petition to Compel Arbitration

EVIDENCE INDEX
Exhibit Exhibit Title
Order Requiring A ppearance of Counsel
Notice of Related Case
Mediation Order
Second Tentative Ruling
Order Deeming Cases Related
Order Staying A ction Pending Mediation
1/10/23 CMC Minutes
Tim Onderko CMC Statement
April 2, 2023 Email
10
Don Wilson CMC Statement
11
9 Emails with Jason Sommer
° z< 12
Clio Entry
13 Demand for Arbitration
14 Scheduling Order #1
15 Answer to Demand for Arbitration
16 Cross-Demand

17 Request for Continuance

18 Denial of Request for Continuance

19 Order Continuing Arbitration
Wilson Deposition Transcript (Arbitration)
20
Emails with Wes Ehler
21
Form Interrogatories
22
AA Requests for A dmission
23
BB Requests for Production
24
cc Wilson Deposition Transcript (Fiduciary Duty Action)
25 DD Fiduciary Duty Action Complaint
26 EE Operating A greement
27 FF Memorandum of Understanding
28

EVIDENCE INDEX
Dated: June 21, 2023 MCKENNA | BRINK | SIGNOROTTI LLP
—.
AOren:
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‘Dominic v. Signorotti
TannerD. Brin
Attorneys for Defendant TIM ONDERKO

4860-1389-2199, v. 1

11
9
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19
20

EVIDENCE INDEX
EXHIBIT AA
DOMINIC V. SIGNOROTTI, SBN 267712
dominic@mckennabrink.com
MCKENNA | BRINK | SIGNOROTTI LLP
1350 Treat Blvd, Suite 105
Walnut Creek, CA 94597
Telephone: 925 433-5448
Facsimile: 844 230-2856

Attorneys for Plaintiff TIM ONDERKO

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN MATEO

11 TIM ONDERKO, Case No. 22-CIV-02332
9
° z<
z0 12 Plaintiff, REQUESTS FOR ADMISSION
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13 VS.

14 DONALD WILSON; and DOES 1-10,
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inclusive,
15
Defendants.
16

17 PROPOUNDING PARTY: Plaintiff TIM ONDERKO

18 RESPONDING PARTY: Defendant DONALD WILSON

19 SET NO.: ONE

20 Plaintiff TIM ONDERKO demands that Defendant DONALD WILSON answer, in writing,

21 under oath, pursuant to California Code of Civil Procedure § 2033.010, et. seg., the following First

22 Set of Requests for Admission within thirty (30) days from the time service is made upon YOU.

23 In answering these requests, please furnish such information as is available to YOU, not

24 merely information YOU now have of YOUR own personal knowledge. This means YOU are to

25 furnish information which is in the possession of any of YOUR agents or attorneys or otherwise

26 subject to YOUR custody or control. If any of these requests cannot be answered in full, please

27 answer to the extent possible, specifying the reason for YOUR inability to answer the remainder,

28 and stating whatever information or knowledge YOU have concerning the unanswered portion.
-l-
REQUESTS FOR ADMISSION
GENERAL INSTRUCTIONS
In responding to said requests, YOU are required to use all information which is known or

available to YOU, including, but not limited to, information known of YOUR own personal

knowledge, information obtainable by a diligent search of sources of information available to YOU,

and all information in the possession of or available to any person or persons acting on YOUR

behalf or under YOUR control or under the control of YOUR attorneys, agents, servants or

representatives.

If any materials requested are claimed to be privileged, please list the following for each

item claimed to be privileged:

10 (a) A brief description of the nature and contents ofthe matter claimed to be privileged;

11 (b) The name, occupation and capacity of the individual from whom the privileged
9
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z0 12 matter emanated;
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13 (c) The name, occupation and capacity of the individual to whom the allegedly

14 privileged matter was directed;
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15 (d) The date the item bears; and,

16 (e) The privilege claimed.

17 REQUESTS FOR ADMISSION

18 REQUEST FOR ADMISSION NO. 1:

19 Admit that on March 2, 2022, a third-party made an offer to purchase the PROPERTY (the

20 “PROPERTY” refers to 8880 Elder Creek Road, Sacramento, California) for $8,600,000 in 2022.

21 REQUEST FOR ADMISSION NO. 2:

22 Admit that YOU agreed to purchase Tim Onderko’s interest in the LLC (the “LLC” refers

23 to 8880 Elder Creek Holdings, LLC) based on a $8,600,000 value of the PROPERTY.

24 REQUEST FOR ADMISSION NO. 3:

25 Admit that YOU (“YOU” and “YOUR” refers to Donald Wilson) obtained a $4,000,000

26 loan on behalf of the LLC and secured that loan with a deed of trust against the PROPERTY.

27 Mit

28 Mit
-2-
REQUESTS FOR ADMISSION
REQUEST FOR ADMISSION NO. 4:

Admit that YOU did not tell Tim Onderko that YOU obtained a $4,000,000 loan on behalf

of the LLC and secured that loan with a deed of trust against the PROPERTY, prior to doing so.

REQUEST FOR ADMISSION NO. 5:

Admit that the LLC is responsible for monthly payments of $24,544 relating to a $4,000,000

loan that is secured with a deed of trust against the PROPERTY.

REQUEST FOR ADMISSION NO. 6:

Admit that YOU have refused to provide Mr. Onderko with any documents relating to the

$4,000,000 loan that is secured with a deed of trust against the PROPERTY.

10 REQUEST FOR ADMISSION NO. 7:

11 Admit that YOU caused Ammold Hospitality and Health, LLC to enter into a lease for unit
9
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z0 12 110 at the PROPERTY without Mr. Onderko’s permission.
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13 REQUEST FOR ADMISSION NO. 8:

14 Admit that YOU caused Arnold Hospitality and Health, LLC to enter into a lease for unit
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15 110 at the PROPERTY without Mr. Onderko’s knowledge.

16 REQUEST FOR ADMISSION NO. 9:

17 Admit that YOU hired Scott Lopez as a property manager at the PROPERTY without Mr.

18 Onderko’s permission.

19 REQUEST FOR ADMISSION NO. 10:

20 Admit that Scott Lopez has no experience in property management.

21 REQUEST FOR ADMISSION NO. 11:

22 Admit that on March 2, 2022, YOU send a letter to the LLC demanding the immediate

23 payment of $200,000 to YOUR pension plan.

24 REQUEST FOR ADMISSION NO. 12:

25 Admit that when YOU sent a letter to the LLC demanding the immediate payment of

26 $200,000 to YOUR pension plan, YOU knew that the LLC did not have sufficient funds to make

27 this payment.

28 Mit
-3-
REQUESTS FOR ADMISSION
REQUEST FOR ADMISSION NO. 13:

Admit that YOU declared a default of the LLC under the Master Lease and Option

Agreement for the PROPERTY.

REQUEST FOR ADMISSION NO. 14:

Admit that YOU signed an Assignment and Assumption of Sublease Agreement on behalf

of the LLC without providing any notice to Mr. Onderko.

REQUEST FOR ADMISSION NO. 15:

Admit that YOU partnered with Joshua Udovich to lease a unit at the PROPERTY.

REQUEST FOR ADMISSION NO. 16:

10 Admit that YOU have no experience in the cannabis industry.

11 REQUEST FOR ADMISSION NO. 17:
9
° z<
z0 12 Admit that YOU have allowed Scott Lopez to live at the PROPERTY without paying rent.
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13 REQUEST FOR ADMISSION NO. 18:

14 Admit that YOU have allowed Scott Lopez to live at the PROPERTY over Mr. Onderko’s
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15 objection.

16 REQUEST FOR ADMISSION NO. 19:

17 Admit that YOU have allowed Scott Lopez to stay at the PROPERTY without paying rent.

18 REQUEST FOR ADMISSION NO. 20:

19 Admit that YOU have allowed Scott Lopez to stay at the PROPERTY over Mr. Onderko’s

20 objection.
Dated: November 16, 2022 MCKENNA | BRINK | SIGNOROTTI LLP
21 aa
[/ On.
22
By: ha
23 Dominic V. Signorotti
Attorneys for Plaintiff TIM ONDERKO
24

28
-4-
REQUESTS FOR ADMISSION
PROOF OF SERVICE
Onderko vs Wilson
San Mateo County Superior Court - Case No. 22-CIV-02332
EFILE CASE

I, Aurora DeVilbiss, declare as follows:

I am over the age of 18 and not a party to this action.

I am a resident ofor employed in the county where the mailing occurred; my business
address is: 1350 Treat Blvd, Suite 105, Walnut Creek, CA 94597.

On November 16, 2022, I served the parties indicated on the attached Service List the
foregoing document(s) described as:

REQUESTS FOR ADMISSION

(by mail) I deposited such envelope in the mail at Walnut Creek, California with
10 postage thereon fully prepaid. I am aware that on motion of the party served,
service is presumed invalid if postal cancellation date or postage meter date is
11 more than one day after date of deposit for mailing in affidavit.
9
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z0 12 (by overnight delivery) by placing the document(s) listed above in a sealed
G &: envelope and affixing a pre-paid air bill, and causing the envelope to be delivered
13 to a FedEx collection box at Walnut Creek, California, and addressed as set forth
below.
14
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(by personal service) I caused such envelope to be delivered by hand via
15 messenger service to the address above;

16 (by facsimile) I served a true and correct copy by facsimile during regular
business hours to the number(s) listed above. Said transmission was reported
17 complete and without error.

18 (by email) on all parties by transmitting said document(s) from our offices by
email (aurora@mckennabrink.com) to email addresses shown below. ** pursuant
19 to CCP 1010.6, as amended on September 18, 2020**

20 I am readily familiar with the firm's practice of collection and processing correspondence
for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
21 day with postage thereon fully prepaid in the ordinary course of business. | am aware that on
motion of the party served, service is presumed invalid if postal cancellation date or postage
22 meter date is more than one day after date of deposit for mailing in affidavit.

23 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
24
/ AL-
}
25 DATED: November 16, 2022
Aurora D. eVilbiss
26

28
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REQUESTS FOR ADMISSION
SERVICE LIST
Onderko vs Wilson
San Mateo County Superior Court - Case No. 22-CIV-02332

Jason J. Sommer Tel: (916) 781-2550
Christine E. Jacob Fax: (916) 781-5339
Hansen, Kohls, Sommer & Jacob, LLP jsommer@hansenkohls.com
1520 Eureka Rd, Suite 100 jcooper@hansenkohls.com
Roseville, CA 95661 jacob@hansenkohls.com
kgraff@hansenkohls.com

Attorney for DONALD WILSON

4875-6909-6254, v. 1

11
9
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13

14
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15

28
-6-
REQUESTS FOR ADMISSION
EXHIBIT BB
DOMINIC V. SIGNOROTTI, SBN 267712
dominic@mckennabrink.com
MCKENNA | BRINK | SIGNOROTTI LLP
1350 Treat Blvd, Suite 105
Walnut Creek, CA 94597
Telephone: 925 433-5448
Facsimile: 844 230-2856

Attorneys for Plaintiff TIM ONDERKO

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN MATEO

11 TIM ONDERKO, Case No. 22-CIV-02332
9
° z<
z0 12 Plaintiff, REQUESTS FOR PRODUCTION OF
G &: DOCUMENTS
13 VS.

14 DONALD WILSON; and DOES 1-10,
Zz
inclusive,
15
Defendants.
16

17 PROPOUNDING PARTY: Plaintiff TIM ONDERKO

18 RESPONDING PARTY: Defendant DONALD WILSON

19 SET NO.: ONE

20 Plaintiff TIM ONDERKO demands that Defendant DONALD WILSON answer, in writing,

21 under oath, pursuant to California Code of Civil Procedure § 2031.260, the following First Set of

22 Requests for Production of Documents within thirty (30) days from the time service is made upon

23 YOU. Documents shall be produced for inspection and photocopying within thirty (30) days from

24 the time service is made upon YOU at McKenna Brink Signorotti, LLP, 1350 Treat Blvd., Ste. 105,

25 Walnut Creek, California 94597.

26 GENERAL INSTRUCTIONS

27 In responding to said Request for Production of Documents, YOU are required to use all

28 information which is known or available to YOU, including, but not limited to, information known

-l-
REQUESTS FOR PRODUCTION OF DOCUMENTS
of YOUR own personal knowledge, information obtainable by a diligent search of sources of

information available to YOU, and all information in the possession of or available to any person

or persons acting on YOUR behalfor under YOUR control or under the control of YOUR attorneys,

agents, servants or representatives.

If any materials requested are claimed to be privileged, please list the following for each

item claimed to be privileged:

(a) A brief description of the nature and contents ofthe matter claimed to be privileged;

(b) The name, occupation and capacity of the individual from whom the privileged

matter emanated;

10 (c) The name, occupation and capacity of the individual to whom the allegedly

11 privileged matter was directed;
9
° z<
z0 12 (d) The date the item bears; and,
G &:
13 (e) The privilege claimed.

14 YOU are requested to segregate documents produced according to the particular numbered
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15 request to which they respond, and in producing the requested documents, to indicate which

16 document pertains to which numbered request.

17 When asked to describe or identify a document or writing, state the title, subject matter,

18 author or method of origination, date, addressee, file designation or other identifying designation,

19 and the present location and custodian of the document.

20 REQUESTS FOR PRODUCTION OF DOCUMENTS

21 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 1:

22 Produce any and all DOCUMENTS (“DOCUMENTS” refers to and include any kind of

23 written, typewritten, printed or recorded material or communication whatsoever, and all other

24 writings as that term is defined in Evidence Code §250, including without limitations, receipts,

25 invoices, notes, agreements, modifications, guarantees, security agreements, contracts,

26 correspondence, communications, memos, transcripts of recordings, electronic mail, memoranda

27 of any telephone conversation or face-to-face oral meetings or conversations, relating to or

28 pertaining in any way to the subject matter to which this notice refers, and includes, without
-2-
REQUESTS FOR PRODUCTION OF DOCUMENTS
limitation, originals, all file copies, and all drafts prepared in connection with such documents, in

addition to any medium by which information is recorded, including papers of any kind or

character, photographs, videotape, file, or any method or medium by which information is utilized,

stored, analyzed or generated by computers. The word “DOCUMENTS” is used herein in its

broadest sense and includes any original, reproduction or copy of any kind, typed, recorded,

graphic, printed, written or documentary matter, including without limitation correspondence,

memoranda, interoffice communications, notes, diaries, contracts, drawings, plans, specifications,

estimates, vouchers, permits, written ordinances, minutes or meetings, invoices, billings, checks,

reports, studies, telegrams, notes of telephone conversations, notes pertaining to any tangible thing,

10 and any form of communication or representation, including letters, words, pictures, sounds or

11 symbols or combinations thereof.) relating to YOUR (“YOU” and “YOUR” refers to Donald
9
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z0 12 Wilson) acquisition of a membership interest in the LLC (the “LLC” refers to 8880 Elder Creek
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13 Holdings, LLC).

14 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 2:
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15 Produce any and all COMMUNICATIONS (“COMMUNICATIONS” means and refers to

16 written communications of any kind, including but not limited to text messages, instant messaging

17 communications, e-mails, letters, memorandum, correspondence, faxes, social media posts, written

18 accounts of telephonic messages, written accounts of verbal communications and/or electronic

19 communications of any kind) between YOU and TIM ONDERKO relating to the LLC

20 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 3:

21 Produce any and all COMMUNICATIONS between YOU and TIM ONDERKO relating

22 to the PROPERTY (the “PROPERTY” refers to 8880 Elder Creek Road, Sacramento, California).

23
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 4:
24
Produce any and all COMMUNICATIONS between YOU and any tenants at the
25
PROPERTY.
26
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 5:
27
Produce any and all DOCUMENTS relating to loans obtained by YOU that are secured by
28
-3-
REQUESTS FOR PRODUCTION OF DOCUMENTS
the PROPERTY.

REQUEST FOR PRODUCTION OF DOCUMENTS NO. 6:

Produce any and all DOCUMENTS relating to loans obtained by the LLC.

REQUEST FOR PRODUCTION OF DOCUMENTS NO. 7:

Produce any and all COMMUNICATIONS relating to loans obtained by the LLC.

REQUEST FOR PRODUCTION OF DOCUMENTS NO. 8:

Produce any and all COMMUNICATIONS relating to loans secured by the PROPERTY.

REQUEST FOR PRODUCTION OF DOCUMENTS NO. 9:
10 Produce any and all COMMUNICATIONS between you and any CPAs relating to the LLC.

11
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 10:
9
° =z< 12
Produce any and all COMMUNICATIONS with Scott Lopez relating to the PROPERTY.
13
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 11:
14
Produce any and all COMMUNICATIONS between YOU and any prospective property
15
managers for the PROPERTY.
16
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 12:
17
Produce any and all DOCUMENTS relating to Arnold Hospitality and Health LLC’s lease
18
at the PROPERTY.
19

20 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 13:

21 Produce any and all COMMUNICATIONS relating to Arnold Hospitality and Health

22 LLC’s lease at the PROPERTY.

23
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 14:
24
Produce any and all COMMUNICATIONS with Joshua Udovich relating to the
25
PROPERTY.
26
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 15:
27
Produce any and all DOCUMENTS relating to tenant improvements at Suite 130 at the
28
-4-
REQUESTS FOR PRODUCTION OF DOCUMENTS
PROPERTY.

REQUEST FOR PRODUCTION OF DOCUMENTS NO. 16:

Produce any and all DOCUMENTS relating to tenant improvements at Suite 185 at the

PROPERTY.

REQUEST FOR PRODUCTION OF DOCUMENTS NO. 17:

Produce any and all DOCUMENTS relating to tenant improvements at Suite B at the

PROPERTY.

REQUEST FOR PRODUCTION OF DOCUMENTS NO. 18:

Produce any and all DOCUMENTS relating to tenant improvements at Suite 110 at the
10
PROPERTY.
11
9
° =z< 12
Dated: November 16, 2022 MCKENNA | BRINK | SIGNOROTTI LLP
13
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[/
14 On ae
By: ea
15 Dominic V. Signorotti
Attorneys for Plaintiff TIM ONDERKO
16

28
-5-
REQUESTS FOR PRODUCTION OF DOCUMENTS
PROOF OF SERVICE
Onderko vs Wilson
San Mateo County Superior Court - Case No. 22-CIV-02332
EFILE CASE

I, Aurora DeVilbiss, declare as follows:

I am over the age of 18 and not a party to this action.

I am a resident ofor employed in the county where the mailing occurred; my business
address is: 1350 Treat Blvd, Suite 105, Walnut Creek, CA 94597.

On November 16, 2022, I served the parties indicated on the attached Service List the
foregoing document(s) described as:

REQUESTS FOR PRODUCTION
OF DOCUMENTS

16 (by facsimile) I served a true and correct copy by facsimile during regular
business hours to the number(s) listed above. Said transmission was reported
17 complete and without error.

23 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
24
/ f AL-
hf
25 DATED: November 16, 2022
Aurora DeVilbiss
26

28
-6-
REQUESTS FOR PRODUCTION OF DOCUMENTS
SERVICE LIST
Onderko vs Wilson
San Mateo County Superior Court - Case No. 22-CIV-02332

Attorney for DONALD WILSON

4862-5444-3837, v. 1

11
9
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G &:
13

14
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15

28
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REQUESTS FOR PRODUCTION OF DOCUMENTS
EXHIBIT CC
A\
WE
a
Cs

IMAGINE
We Cite IE AO, GRwitlye el aN GS
SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF SAN MATEO

--000--

TIM ONDERKO,

Plaintiff, )
vs. ) Case No: 22-CIV-02332

DONALD WILSON; and DOES )
1-10, inclusive, )
Defendants.
ao - eee

MONDAY, FEBRUARY 6, 2023

--000--

Videoconference Deposition via Zoom of

DONALD WILSON

Reported by: PAMELA R. KATROS, CSR No. 9383
APPEARANCES

For the Plaintiff, TIM ONDERKO:

MCKENNA, BRINK, SIGNOROTTI, LLP
By: DOMINIC V. SIGNOROTTI
1350 Treat Boulevard, Suite 105
Walnut Creek, California 94597
925-433-5448
dominic@ mckennabrink.com

For the Defendant, DONALD WILSON:

HANSEN, KOHLS, SOMMER &J ACOB, LLP
By: JASON SOMMER
1520 Eureka Road, Suite 100
Roseville, California 95661
916-781-2550
jsommer@ hansenkohls.com

ALSO PRESENT: TIM ONDERKO, Plaintiff

--000--
INDEX

EXAMINATION Page

BY MR. SIGNOROTTI

--000--

EXHIBITS

No Description Page

Deposition notice
Golden Investment Trust document 10
creating trust.
Commercial lease dated 7/1/2017 14
Extension of master lease dated 18
7/3/2019
Business loan agreement: Line of credit..19
Option agreement.
Email string between Don Wilson and Tim 34
Onderko
Email between Donald Wilson and Tim 41
Onderko dated 3/28/2022
Email string between Don Wilson and Tim 47
Onderko dated 6/14/2022
10 Assignment and assumption of sublease 64
agreement.
11 Memorandum of Understanding dated 74
4/5/2022
12 Commercial sublease agreement between 77
Elder Creek Holdings and Arnold
Hospitality and Health
13 Email chain between Don Wilson and Tim 96
Onderko dated 6/29/21
14 Email chain between Don Wilson and Tim 98
Onderko dated 6/29/21
15 Email chain between Don Wilson and Tim 100
Onderko dated 9/15/21
16 Email to Tim Onderko from Don Wilson 107
dated 10/13/2021 addressed to Damon.
17 Email from Don Wilson to Tim Onderk , ‘V1
11/2/21
18 Email from Don Wilson to Tim Onderko 117
dated 11/2/21
19 Email string from Don Wilson to Tim 123
Onderko 11/2/21
EXHIBITS

No Description Page

20 Email string from Don Wilson to Tim 129
Onderko, 11/19/21
21 Email string from Don Wilson to Tim 133
Onderko dated 11/19/21
22 Email string from Don Wilson to Tim 134
Onderko dated 12/4/21
23 Demand for partial repayment dated 138
3/2/22
24 Email string from Don Wilson to Tim 142
Onderko dated 3/25/22
25 Email string from Don Wilson to Tim 147
Onderko dated 1/25/22
26 Email string from Don Wilson to Tim 149
Onderko dated 3/28/22
28 Letter dated 7/30/22 to Scott Lopez 53
from Donald Wilson
29 Billing statement from Fresno First 159
Bank dated 1/21/22...
30 Counteroffer by J on 156
31 Email string between Don Wilson and Tim 157
Onderko dated 3/27/22
34 Email string between Donald Wilson and 90
Tim Onderko dated 9/29/21
35 Email string from Don Wilson to Dominic 153
Signorotti dated 10/17/22
36 LLC resolution to grant 159
collateral/guarantee..
37 Commercial guaranty. 163
38 Commercial guaranty o on ilson 172
personally.

--000--

QUESTIONS INSTRUCTED NOT TO ANSWER

Page Line

What has the other 1.4 been spent on? 166 24

--000--
BE IT REMEMBERED thaton MONDAY, FEBRUARY 6,
2023, commencing at the hour of 8:59 a.m., via Zoom
Videoconference, before me, Pamela R. Katros, a Certified
Shorthand Reporter in the State of California, personally
appeared
DONALD WILSON,
a witness called by the Plaintiff in the before-entitled
action, who, having been placed under oath by the
Certified Shorthand Reporterto tell the truth, the whole
truth and nothing but the truth, testified as follows:
--000-

EXAMINATION
BY MR. SIGNOROTTI:
. Mr. Wilson, have you been deposed before?
| can't actually recall having been deposed.
Have you taken depositions before?
Yes, | have.
Approximately how many times?
More than ten.

Q Do you feel comfortable moving forward without
the standard admonitions or would you like me to provide
those to you?
MR.SOMMER: I'm comfortable moving forward
without the standard admonitions.
Q. Okay. What I'm going to do is use my share
screen function to show you the exhibits for today so
let's make sure that works real quick. Okay. Are you
able to see document entitled, "Notice of Deposition"?
A. Yes, | am.

MR. SIGNOROTTI: Allright. We'll mark that as
Exhibit 1. I'l share these -- J ason, I'll send these to

you afterwards.
MR.SOMMER: Yes.
(Exhibit
No. 1) was marked for

identification.)

Q. BY MR. SIGNOROTTI: Did you review this

document?
A. Yes, | did.
Q. Did you review any documents in preparation for
today's deposition?
A. | generally looked at some of the documents that
had been involved in this. | -- you know, | think |
reviewed the discovery answers and the exhibits to the
pleadings and stuff basically.
Q. And did you discuss today's deposition with
anyone aside from your attorney, Mr. Sommer?
A. No.

Q. Allright. And | understand that your attorney
did produce objections to the request for production.
Requests for production number 3 relates to documents
relating to a loan from Fresno First Bank secured by 8880
Elder Creek Road. Do you See that?
A. Yes, | do.
Q. And | understand no documents were produced in

response to that; correct?

A. | believe my attorney has responded with an
objection.
Q. Are you familiar with the loan referenced in

that request?
A. Yes, | am.

Q. And who is the borrower with that loan?

A. Borrower of that loan is the owners of the
property, Golden Global and Global Investment Trust are
the borrowers.
Q. Does 8880 Elder Creek Holdings, LLC have any
relationship to that loan?
A. Yes.

Q. And what is that?

A. The relationship is that as a part of the loan
documents Elder Creek LLC, along with me personally, was
one of the loan guarantors.
Q. And do you feel comfortable if | just referto
the Elder Creek LLC as the LLC going forward?
A. Yes, | do.
Q. And so the LLC and yourself individually are
guarantors of the loan?
A. That is correct.
MR. SIGNOROTTI: Let's go off the record for
just a quick second.
(Discussion held off the record.)

MR. SIGNOROTTI: Let's go back on the record
Okay.
Q. So, Mr. Wilson, what! wantto do is talk a

little bit about 8880 Elder Creek Road in Sacramento,
California, and I'm going to refer to thatas the
property. Is that okay?
A. That is okay.
Q. Allright. And so the property is currently
owned by Golden Global Enterprises, Inc., and | think
we're -- are we losing him a little bit?
MR.SOMMER: Are you able to hear everything,
Mr. Wilson?
THE WITNESS: Yes, | am.
MR. SIGNOROTTI: Okay. His screen is
flickering.
Q. Don, if you lose us just tell us, okay, because
your screen is flickering.
A. Okay.
Q. Who owns the property?
A. The property is owned by Golden Global Ventures,
Inc., and Golden Investment Trust.
Q. And Golden Global Enterprises, Inc., who is that

owned by?
A. That is owned by me.
Q. Are you the sole shareholder?

A. Yes, | am.

Q. And what type of business is Global -- Golden
Global Enterprises engaged in?
A. Real estate.
Q. Does it own any other real properties aside from
the property on Elder Creek Road?
A. Yes, it does.
Q. How many?

A. | -- I'm not sure that that's relevant.
MR.SOMMER: Do you want to just identify the
number, Don? You don't have to get into what properties
THE WITNESS: | think it's a couple others.
Q. BY MR. SIGNOROTTI: Less than five?

A. Yes.

MR.SIGNOROTTI: Pam, are you able to do this
with it flickering and not seeing him?
THE COURT REPORTER: It's a little annoying.
I'm wondering if he can maybe log out and log back in.
MR.SIGNOROTTI: Yeah. Don, is it possible to
log off your Zoom and log back in?
THE WITNESS: Let me see.

(Discussion held off the record.)

MR. SIGNOROTTI: Let's go back on the record.
Q. Okay. So, Mr. Wilson, just to circle back, the
property is owned by Golden Global Enterprises and the
Global Investment Trust; correct?
A. That is correct.
Q. Okay. And you were the sole shareholder of
Golden Global Enterprises?
A. That is correct.
Q. And it owns less than five real properties;
correct?

A. | believe that is correct.
Q. Has there ever been any other shareholders of

Golden Global Enterprises?
A. No.

Q. And what is the Global Investment Trust?

A. Itis a revocable trust that contains
properties.
Q. And you are the trustee; correct?

A. That is correct.
Q. And you're also the settlor?

A. Correct.

(Exhibit
No. 2, was marked for

identification.)
Q. MR. SIGNOROTTI: All right. I'm going to show
you whatis marked as Exhibi: 2. Do you recognize this
document?
A. Yes, | do.
Q. And is this the trust document for the Golden

Investment Trust the document creating the trust?
A. Let me see the signature. It appears to be,
yes.
Q. And I'm going to scroll down. Do you recognize
that signature?
A. Yes, | do.
Q. And what was the purpose of creating this trust?
A. So that! could invest in properties.
Q. Scrolling down to the last page titled,
"Schedule of trust assets," do you see that?
A . Yes, | see that.

Q . Are these the current assets owned by the trust?
A . Yes. That is correct.

Q . What is Arnold Health and Hospitality, LLC?
A . That is an LLC that operates a property in
Arnold.
Q. And what type of property does it operate?
A. Itat one point operated the property which was
a gym, health club.
Q. Is Arnold Health and Hospitality, LLC leasing
any units at the property as of now?
A. Pardon? Leasing where?
Q. At 8880 Elder Creek Road.

A. It signed the lease, | believe, for Suite 110.
Q. And does it operate any business out of
Suite 110?
A. No.

Q. Do any of the other companies identified in this
schedule of trust assets operate any business at the Elder
Creek Road property?
A. No.

Q. Do any of these companies have any relationship
with the LLC?
A. No.

Q Is --

A. Again, the -- oh, the LLC you're referring to is
Elder Creek LLC; correct?
Q. That's correct.

A. No. They don't have an interest with that.
Q. Why is Golden Global Enterprise identified as a
trust asset?

A. Because itis actually owned. The stock of that
is owned by the trust.
Q. Okay. And did Golden Global Enterprises and the
trust own the property as 50/50 owners or how do they
split ownership of the property?
A. Golden Global Enterprises owns 75 percent of it.
Global Investment
Trust owns 25 percent.

Q Are you a licensed real estate broker?
A Yes, lam.

Q And are you in good standing?
A Am | what?

Q In good standing.
A Yes, lam.

Q . Do you still practice any sort of brokerage
activities?
A. Occasionally.
Q. How long have you been a licensed real estate
broker?
A. | think about 35 years.
Q. Have you received brokerage commissions from
brokering any transactions relating to the Elder Creek
property?

A. No.

Q. What is HSE Investments, LLC?

A. That was an LLC which owned some investment
properties. It's basically inactive.
Q. What about Wolverton Mountain Ventures?

A. That is an Arkansas LLC that owns some property
in Arkansas and in Ohio.
(Exhibit
No. 3 was marked for

identification.)

Q. MR. SIGNOROTTI: All right. I'm going to show
you now what's marked as Exhibi:3. This is ajcommercial
lease. Do you recognize this document?
A. Yes, | do.
Q. And what is this document?

A. This is the lease that was signed in --
effective as of J uly 1, 2017, with the LLC.
Q. And is this for the LLC to be the master lessor

at the Elder Creek property?
A. That is correct.
Q. Priorto this document being signed in 2017, was
there a different master lessor at the property?
A. Pardon?
Q. Was there a different master lessor
at the

property priorto Elder Creek Holdings, LLC?
A. No.

Q. How long has Golden Global and your trust owned
the property?
A. | believe around seven years.
Q. Do you recall who you acquired the property
from?
A. We -- the property was acquired from an
individual named Coleman Moore.
Q. How many units are at the property? Rental
units?
A. | believe there are about 15 or 16. Tim is much
more familiar with that.
Q. And do you know how many of those units are
currently leased out?
A. | believe that all of them are leased, although,
it appears that some of the leases are in defaultor
payments haven't been made for some time.
Q. And Arnold Health and Hospitality leases
one unit
at the property; correct?
A. That is correct.
Q. Do you have any relationships with any of the
other tenants who lease units at the property?
MR.SOMMER: Vague and

Case Info

Judge

Healy, Nicole S. Track Judge’s New Case

Case No.

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Document Filed Date

June 21, 2023

Case Filing Date

May 24, 2022

County

Parties

8880 ELDER CREEK HOLDINGS, a California Limited Liability Corporation Plaintiff
DOES 1-10, INCLUSIVE Defendant
EHLERS, WESLEY C.J. Attorney for the Plaintiff
GLOBAL INVESTMENT TRUST- 2017y Plaintiff
GOLDEN GLOBAL ENTERPRISES INC., a California Corporation Plaintiff
HARTFORD, JOHN J. Attorney for the Plaintiff
LOPEZ, C. SCOTT Attorney for the Plaintiff
ONDERKO, TIM Defendant
SIGNOROTTI, DOMINIC V Attorney for the Defendant
WILSON, DONALD A. Attorney for the Plaintiff
Tanner Brink Attorneys for Defendants
George Eshoo Attorneys for Plaintiffs
Francis Burke Attorney
Daniel Quinn Attorney
Jason Sommer Attorney
Carlos Lopez Attorneys for Plaintiffs
Carla Scott Attorneys for Plaintiffs
Frank Burke Attorney

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Order to Show Cause: GOLDEN GLOBAL ENTERPRISES INC., a California Corporation, et al vs. TIM ONDERKO, et al

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