Preview
1 Anne Frassetto Olsen, Esq. (State Bar No. 99680)
NOLAND, HAMERLY, ETIENNE & HOSS
2 A Professional Corporation
333 Salinas Street
3 Post Office Box 2510
Salinas, California 93902-2510
4 Telephone: (831) 424-1414
Facsimile: (831) 424-1975
5 aolsen@nheh.com
6 Attorneys for Defendant LYNN DUGGAN
7
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
9
10 SEAN DUGGAN, an individual, on his Case No. SCV-268905
own behalf and derivatively on behalf of
N OLAND , H AMERLY , E TIENNE & H O SS
11 the Duggan Family Limited Partnership, DECLARATION OF ANNE FRASSETTO
OLSEN IN OPPOSITION TO PLAINTFF’S
12 Plaintiff, MOTION FOR CONTINUANCE OF
ATTO RNEY S AT LAW
TRIAL
13 vs.
SALI NA S
Date: January 19, 2024
14 LYNN DUGGAN, an individual; KELLY Time: 3:00 pm
MOFFAT, an individual and DOES 1 Dept.: 17
15 through 25, inclusive, Judge: Hon. Bradford DeMeo
16 Defendants, Trial Date: February 2, 2024
17 – and –
18 THE DUGGAN FAMILY LIMITED
PARTNERSHIP, a California Limited
19 Partnership,
20 Nominal Defendant.
21
22
23
24 I, Anne Frassetto Olsen, declare:
25 1. I am an attorney licensed in the state of California and am the attorney of record
26 for Defendant Lynn Duggan in this action.
27 2. On June 15, 2023, legal counsel for the parties in this action met and conferred on
28 a stipulation to continue the trial. Plaintiff had requested that the trial be continued to allow for
30556\000\1958036.2:11224 1
DECLARATION OF A. OLSEN ISO OPPOSITION TO MOTION TO CONTINUE TRIAL
Sean Duggan v. Lynn Duggan, et al. \ Case No. SCV-268905
1 completion of fact and expert discovery. The parties through their counsel agreed that the trial
2 could be continued no later than February 2024 due to availability of counsel. A true and correct
3 copy of Plaintiff’s counsel’s email of June 9, 2023 requesting the continuance and my email dated
4 June 12, 2023 confirming this discussion with Plaintiff’s counsel are attached here as Exhibit A.
5 3. The initial complaint was filed in this action on July 27, 2021. It was amended on
6 July 29, 2021 and then amended a second time on July 26, 2023.
7 4. I personally emailed Plaintiff’s counsel a true and correct copy of the Purchase and
8 Sale Agreement between the Duggan Family Limited Partnership and Center Dynamic Partners
9 on May 31, 2023 and have emailed Plaintiff’s counsel each of the nine amendments thereto.
10 5. Attached hereto as Exhibit B is a true and correct copy of an email from Eric
N OLAND , H AMERLY , E TIENNE & H O SS
11 Berg, Counsel for Center Dynamic Partners, to Lisa McCurdy, Plaintiff’s counsel, dated
12 December 20, 2023.
ATTO RNEY S AT LAW
13 I declare under penalty of perjury under the laws of the State of California that the
SALI NA S
14 foregoing is true and correct and, if called as a witness, I could competently testify as to these
15 matters and that this declaration was signed on January 12, 2024 in Salinas, California.
16
17
/s/ Anne Frassetto Olsen_________________
Anne Frassetto Olsen
18
19
20
21
22
23
24
25
26
27
28
30556\000\1958036.2:11224 2
DECLARATION OF A. OLSEN ISO OPPOSITION TO MOTION TO CONTINUE TRIAL
Sean Duggan v. Lynn Duggan, et al. \ Case No. SCV-268905
EXHIBIT “A”
EXHIBIT “B”
1 PROOF OF SERVICE
(Code Civ. Proc. §§ 1013(a), 2015.5)
2
3 STATE OF CALIFORNIA )
)
4 COUNTY OF MONTEREY )
5
6 I am a citizen of the United States and a resident of Monterey County. I am over the age
of 18 years and not a party to the within entitled action; my business address is: 333 Salinas
7 Street, Post Office Box 2510, Salinas, CA 93902-2510.
8 On the date below, I served the attached document(s) entitled: DECLARATION OF
ANNE FRASSETTO OLSEN IN OPPOSITION TO PLAINTFF’S MOTION FOR
9
CONTINUANCE OF TRIAL, on the following named person(s) in said action at:
10
Marshall E. Bluestone, Esq. marshall@bfolegal.com
N OLAND , H AMERLY , E TIENNE & H O SS
11 BLUESTONE, ZUNINO &
HAMILTON, LLP Staff:
12 1825 4th Street emilee@bfolegal.com
ATTO RNEY S AT LAW
Santa Rosa, CA 95404
13
SALI NA S
Tel. (707) 526-4250
14
Michael Shklovsky, Esq. mshklovsky@andersonzeigler.com
15 ANDERSON ZEIGLER
A Professional Corporation Office Staff:
16 50 Old Courthouse Square, 5th Floor jcook@andersonzeigler.com
Santa Rosa, CA 95404 sflores@andersonzeigler.com
17
Tel.: (707) 545-4910
18
Lisa C. McCurdy, Esq. mccurdyl@gtlaw.com
19 Layal L. Bishara, Esq. bisharal@gtlaw.com
GREENBERG TRAURIG
20 1840 Century Park East, Suite 1900 Legal Assistant:
Los Angeles, CA 90067-2121 sharifih@gtlaw.com
21
Tel: (310) 586-6512
22
Mitchell B. Greenberg, Esq. MGreenberg@abbeylaw.com
23 Daniel J. Wilson, Esq. DWilson@abbeylaw.com
WEITZENBERG, WARREN &
24 EMERY, PC
100 Stony Point Road, Suite 200
25
Santa Rosa, CA 95401
26 Telephone: (707) 542-5050
27
28
30556\000\1958036.2:11224 3
DECLARATION OF A. OLSEN ISO OPPOSITION TO MOTION TO CONTINUE TRIAL
Sean Duggan v. Lynn Duggan, et al. \ Case No. SCV-268905
1 By court order or by agreement of the parties to accept service by electronic
transmission, I caused the document(s) to be sent to the person(s) at the email
2 address(es) listed above. I did not receive within a reasonable time after the
transmission, any electronic message or other indication that the transmission was
3 unsuccessful. (CCP § 1010.6; Cal. Rules of Court, Rule 2.251).
4 by personal service on the above-named person(s) at the above stated address(es).
5 by placing said copy(ies) in a sealed envelope(s), postage thereon fully prepaid,
and placed for collection and processing for mailing following the business's
6 ordinary practice with which I am readily familiar. On the same day
correspondence is placed for collection and mailing, it is deposited in the ordinary
7 course of business with the United States Postal Service at Salinas, California,
addressed as stated above.
8
by causing to be transmitted a true copy thereof to the above-named recipient via
9 the electronic mail address (parce@nheh.com), and no failure to deliver message
was received.
10
N OLAND , H AMERLY , E TIENNE & H O SS
11 I declare, under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
12
ATTO RNEY S AT LAW
Executed on January 12, 2024, at Salinas, California.
13
SALI NA S
14
15
/s/ Patricia Arce
Patricia Arce
16
17
18
19
20
21
22
23
24
25
26
27
28
30556\000\1958036.2:11224 4
DECLARATION OF A. OLSEN ISO OPPOSITION TO MOTION TO CONTINUE TRIAL
Sean Duggan v. Lynn Duggan, et al. \ Case No. SCV-268905
Preview
1 Anne Frassetto Olsen, Esq. (State Bar No. 99680) NOLAND, HAMERLY, ETIENNE & HOSS 2 A Professional Corporation 333 Salinas Street 3 Post Office Box 2510 Salinas, California 93902-2510 4 Telephone: (831) 424-1414 Facsimile: (831) 424-1975 5 aolsen@nheh.com 6 Attorneys for Defendant LYNN DUGGAN 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA 9 10 SEAN DUGGAN, an individual, on his Case No. SCV-268905 own behalf and derivatively on behalf of N OLAND , H AMERLY , E TIENNE & H O SS 11 the Duggan Family Limited Partnership, DECLARATION OF ANNE FRASSETTO OLSEN IN OPPOSITION TO PLAINTFF’S 12 Plaintiff, MOTION FOR CONTINUANCE OF ATTO RNEY S AT LAW TRIAL 13 vs. SALI NA S Date: January 19, 2024 14 LYNN DUGGAN, an individual; KELLY Time: 3:00 pm MOFFAT, an individual and DOES 1 Dept.: 17 15 through 25, inclusive, Judge: Hon. Bradford DeMeo 16 Defendants, Trial Date: February 2, 2024 17 – and – 18 THE DUGGAN FAMILY LIMITED PARTNERSHIP, a California Limited 19 Partnership, 20 Nominal Defendant. 21 22 23 24 I, Anne Frassetto Olsen, declare: 25 1. I am an attorney licensed in the state of California and am the attorney of record 26 for Defendant Lynn Duggan in this action. 27 2. On June 15, 2023, legal counsel for the parties in this action met and conferred on 28 a stipulation to continue the trial. Plaintiff had requested that the trial be continued to allow for 30556\000\1958036.2:11224 1 DECLARATION OF A. OLSEN ISO OPPOSITION TO MOTION TO CONTINUE TRIAL Sean Duggan v. Lynn Duggan, et al. \ Case No. SCV-268905 1 completion of fact and expert discovery. The parties through their counsel agreed that the trial 2 could be continued no later than February 2024 due to availability of counsel. A true and correct 3 copy of Plaintiff’s counsel’s email of June 9, 2023 requesting the continuance and my email dated 4 June 12, 2023 confirming this discussion with Plaintiff’s counsel are attached here as Exhibit A. 5 3. The initial complaint was filed in this action on July 27, 2021. It was amended on 6 July 29, 2021 and then amended a second time on July 26, 2023. 7 4. I personally emailed Plaintiff’s counsel a true and correct copy of the Purchase and 8 Sale Agreement between the Duggan Family Limited Partnership and Center Dynamic Partners 9 on May 31, 2023 and have emailed Plaintiff’s counsel each of the nine amendments thereto. 10 5. Attached hereto as Exhibit B is a true and correct copy of an email from Eric N OLAND , H AMERLY , E TIENNE & H O SS 11 Berg, Counsel for Center Dynamic Partners, to Lisa McCurdy, Plaintiff’s counsel, dated 12 December 20, 2023. ATTO RNEY S AT LAW 13 I declare under penalty of perjury under the laws of the State of California that the SALI NA S 14 foregoing is true and correct and, if called as a witness, I could competently testify as to these 15 matters and that this declaration was signed on January 12, 2024 in Salinas, California. 16 17 /s/ Anne Frassetto Olsen_________________ Anne Frassetto Olsen 18 19 20 21 22 23 24 25 26 27 28 30556\000\1958036.2:11224 2 DECLARATION OF A. OLSEN ISO OPPOSITION TO MOTION TO CONTINUE TRIAL Sean Duggan v. Lynn Duggan, et al. \ Case No. SCV-268905 EXHIBIT “A” EXHIBIT “B” 1 PROOF OF SERVICE (Code Civ. Proc. §§ 1013(a), 2015.5) 2 3 STATE OF CALIFORNIA ) ) 4 COUNTY OF MONTEREY ) 5 6 I am a citizen of the United States and a resident of Monterey County. I am over the age of 18 years and not a party to the within entitled action; my business address is: 333 Salinas 7 Street, Post Office Box 2510, Salinas, CA 93902-2510. 8 On the date below, I served the attached document(s) entitled: DECLARATION OF ANNE FRASSETTO OLSEN IN OPPOSITION TO PLAINTFF’S MOTION FOR 9 CONTINUANCE OF TRIAL, on the following named person(s) in said action at: 10 Marshall E. Bluestone, Esq. marshall@bfolegal.com N OLAND , H AMERLY , E TIENNE & H O SS 11 BLUESTONE, ZUNINO & HAMILTON, LLP Staff: 12 1825 4th Street emilee@bfolegal.com ATTO RNEY S AT LAW Santa Rosa, CA 95404 13 SALI NA S Tel. (707) 526-4250 14 Michael Shklovsky, Esq. mshklovsky@andersonzeigler.com 15 ANDERSON ZEIGLER A Professional Corporation Office Staff: 16 50 Old Courthouse Square, 5th Floor jcook@andersonzeigler.com Santa Rosa, CA 95404 sflores@andersonzeigler.com 17 Tel.: (707) 545-4910 18 Lisa C. McCurdy, Esq. mccurdyl@gtlaw.com 19 Layal L. Bishara, Esq. bisharal@gtlaw.com GREENBERG TRAURIG 20 1840 Century Park East, Suite 1900 Legal Assistant: Los Angeles, CA 90067-2121 sharifih@gtlaw.com 21 Tel: (310) 586-6512 22 Mitchell B. Greenberg, Esq. MGreenberg@abbeylaw.com 23 Daniel J. Wilson, Esq. DWilson@abbeylaw.com WEITZENBERG, WARREN & 24 EMERY, PC 100 Stony Point Road, Suite 200 25 Santa Rosa, CA 95401 26 Telephone: (707) 542-5050 27 28 30556\000\1958036.2:11224 3 DECLARATION OF A. OLSEN ISO OPPOSITION TO MOTION TO CONTINUE TRIAL Sean Duggan v. Lynn Duggan, et al. \ Case No. SCV-268905 1 By court order or by agreement of the parties to accept service by electronic transmission, I caused the document(s) to be sent to the person(s) at the email 2 address(es) listed above. I did not receive within a reasonable time after the transmission, any electronic message or other indication that the transmission was 3 unsuccessful. (CCP § 1010.6; Cal. Rules of Court, Rule 2.251). 4 by personal service on the above-named person(s) at the above stated address(es). 5 by placing said copy(ies) in a sealed envelope(s), postage thereon fully prepaid, and placed for collection and processing for mailing following the business's 6 ordinary practice with which I am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary 7 course of business with the United States Postal Service at Salinas, California, addressed as stated above. 8 by causing to be transmitted a true copy thereof to the above-named recipient via 9 the electronic mail address (parce@nheh.com), and no failure to deliver message was received. 10 N OLAND , H AMERLY , E TIENNE & H O SS 11 I declare, under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 12 ATTO RNEY S AT LAW Executed on January 12, 2024, at Salinas, California. 13 SALI NA S 14 15 /s/ Patricia Arce Patricia Arce 16 17 18 19 20 21 22 23 24 25 26 27 28 30556\000\1958036.2:11224 4 DECLARATION OF A. OLSEN ISO OPPOSITION TO MOTION TO CONTINUE TRIAL Sean Duggan v. Lynn Duggan, et al. \ Case No. SCV-268905