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 LYNN DUGGAN IN
OPPOSITION TO PLAINTFF’S MOTION
12 Plaintiff, FOR CONTINUANCE OF TRIAL
ATTO RNEY S AT LAW
13 vs. Date: January 19, 2024
SALI NA S
Time: 3:00 pm
14 LYNN DUGGAN, an individual; KELLY Dept.: 17
MOFFAT, an individual and DOES 1 Judge: Hon. Bradford DeMeo
15 through 25, inclusive,
Trial Date: February 2, 2024
16 Defendants.
17 - and –
18 THE DUGGAN FAMILY LIMITED
PARTNERSHIP, a California Limited
19 Partnership,
20 Nominal Defendant.
21
22 I, Lynn Duggan, declare:
23 1. I am a defendant in this action and oppose Plaintiff’s request that the trial in this
24 matter be continued.
25 2. I have been the managing general partner of The Duggan Family Limited
26 Partnership (“DFLP”) since 2008 after the deaths of my parents, Barbara Applegate
27 Duggan and Joseph Duggan who created DFLP. The sole asset of DFLP is the real
28 property known as the Lakeside Shopping Center (“Shopping Center”).
30556\000\1951776.2:11224 1
DECLARATION OF L. DUGGAN ISO OPPOSITION TO MOTION TO CONTINUE TRIAL DATE
Sean Duggan v. Lynn Duggan, et al. \ Case No. SCV-268905
1 3. DFLP has listed the Shopping Center for more than five years. During
2 those five years, DFLP has entered into three purchase and sale agreements. The first
3 two contracts ended when the buyers walked away from the deal. We are currently in
4 the third contract with Centers Dynamic Partners which is currently set to close on
5 January 17, 2024.
6 4. The most recent broker DFLP has used is Leon Geisberg (“Geisberg”)
7 with Bershire Hathaway HomeServices in Santa Rosa. The initial listing agreement with
8 Geisberg was signed on February 16, 2021 with a listing price of $12,000,000.00. We
9 have extended the listing agreement and have agreed to changes in the listing price as
10 follows:
N OLAND , H AMERLY , E TIENNE & H O SS
11 June 21, 2021 - $11,500,000.00
12 August 12, 2021 - $11,000,000.00
ATTO RNEY S AT LAW
13 March 11, 2022 - $10,500,000.00
SALI NA S
14 August 8, 2022 - $9,995,000.00
15 November 28, 2022 - $9,500,000.00
16 5. On May 1, 2023, DFLP entered into a Purchase and Sale Agreement
17 (“PSA”) with Centers Dynamic Partners, LLC for the sale of the Shopping Center for a
18 purchase price of $8,750,000.00.
19 6. Since the initial signing of the PSA, the closing has been extended nine times on
20 the following dates:
21 June 15, 2023
22 July 14, 2023
23 July 28, 2023
24 August 4, 2023
25 August 11, 2023
26 August 18, 2023
27 August 31, 2023
28 ///
30556\000\1951776.2:11224 2
DECLARATION OF L. DUGGAN ISO OPPOSITION TO MOTION TO CONTINUE TRIAL DATE
Sean Duggan v. Lynn Duggan, et al. \ Case No. SCV-268905
September 28, 2023
2
November 28, 2023.
3
I am hopeful that the transaction "111 close but there are no guarantees and I cannot
4
predict the future.
5
7. lwailiuning ar\d extremely tiring.
••. 11
9. As ofOctober 18. 2023. I was dcclart.-d in remii:;sion. rrowever, I am reevaluated every
12
. ' 13
three months as there is a 48% chance:- of rcoccurrence within five years.
i' 5 10. I am currentJy feeling well and believe that I can wilh:st.and lhe rigors of a trial in dlis
14
maUcr and will be able to assist my counsel in the defense oflhis action.
15
l l. Howcvcr1 ifthe cancerco,nes back.and lam required to undertake a rigorous
16
treatment regimen once more, my health may be severel y compromised and if I felt like I did
17
during the earlier treatment, I would not be able to auend the trial nor to assist my counsel in the
18
defense of this complaint
19
I respectfully roqocst that lhe court deoy this motion to continue the trial LL> a new Lrial
20
date which would be the- fourlh trial date in this matter.
21
I declare under penalty t.,r perjury ut1der the Ja"'-s of the State of California th.al the
22
forc:goin,g is true and correct and, if callod as a witoc:ss. 1 C()uld competwtly testifyas to these
23
mattersand that this decl aration was signed on�ll 2024 in l.,ahaim1., 1 la,vaii.
�
24
25
�o�g�?-
26
27
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JOS56'lOO(ll.l9SJ7i6J. I ):i,t 3
lDECLARATION OF L. DUGGAN ISO OPPOSITION TO MOTION TO CONTINUE TRIAL DATE
l.<;ean f>·"fj>,an ,,. Lynn Duggan. rt al. \ (au' No. SCV-26890$
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
LYNN DUGGAN IN OPPOSITION TO PLAINTFF’S MOTION FOR CONTINUANCE
9
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\1951776.2:11224 4
DECLARATION OF L. DUGGAN ISO OPPOSITION TO MOTION TO CONTINUE TRIAL DATE
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
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30556\000\1951776.2:11224 5
DECLARATION OF L. DUGGAN ISO OPPOSITION TO MOTION TO CONTINUE TRIAL DATE
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 LYNN DUGGAN IN OPPOSITION TO PLAINTFF’S MOTION 12 Plaintiff, FOR CONTINUANCE OF TRIAL ATTO RNEY S AT LAW 13 vs. Date: January 19, 2024 SALI NA S Time: 3:00 pm 14 LYNN DUGGAN, an individual; KELLY Dept.: 17 MOFFAT, an individual and DOES 1 Judge: Hon. Bradford DeMeo 15 through 25, inclusive, Trial Date: February 2, 2024 16 Defendants. 17 - and – 18 THE DUGGAN FAMILY LIMITED PARTNERSHIP, a California Limited 19 Partnership, 20 Nominal Defendant. 21 22 I, Lynn Duggan, declare: 23 1. I am a defendant in this action and oppose Plaintiff’s request that the trial in this 24 matter be continued. 25 2. I have been the managing general partner of The Duggan Family Limited 26 Partnership (“DFLP”) since 2008 after the deaths of my parents, Barbara Applegate 27 Duggan and Joseph Duggan who created DFLP. The sole asset of DFLP is the real 28 property known as the Lakeside Shopping Center (“Shopping Center”). 30556\000\1951776.2:11224 1 DECLARATION OF L. DUGGAN ISO OPPOSITION TO MOTION TO CONTINUE TRIAL DATE Sean Duggan v. Lynn Duggan, et al. \ Case No. SCV-268905 1 3. DFLP has listed the Shopping Center for more than five years. During 2 those five years, DFLP has entered into three purchase and sale agreements. The first 3 two contracts ended when the buyers walked away from the deal. We are currently in 4 the third contract with Centers Dynamic Partners which is currently set to close on 5 January 17, 2024. 6 4. The most recent broker DFLP has used is Leon Geisberg (“Geisberg”) 7 with Bershire Hathaway HomeServices in Santa Rosa. The initial listing agreement with 8 Geisberg was signed on February 16, 2021 with a listing price of $12,000,000.00. We 9 have extended the listing agreement and have agreed to changes in the listing price as 10 follows: N OLAND , H AMERLY , E TIENNE & H O SS 11 June 21, 2021 - $11,500,000.00 12 August 12, 2021 - $11,000,000.00 ATTO RNEY S AT LAW 13 March 11, 2022 - $10,500,000.00 SALI NA S 14 August 8, 2022 - $9,995,000.00 15 November 28, 2022 - $9,500,000.00 16 5. On May 1, 2023, DFLP entered into a Purchase and Sale Agreement 17 (“PSA”) with Centers Dynamic Partners, LLC for the sale of the Shopping Center for a 18 purchase price of $8,750,000.00. 19 6. Since the initial signing of the PSA, the closing has been extended nine times on 20 the following dates: 21 June 15, 2023 22 July 14, 2023 23 July 28, 2023 24 August 4, 2023 25 August 11, 2023 26 August 18, 2023 27 August 31, 2023 28 /// 30556\000\1951776.2:11224 2 DECLARATION OF L. DUGGAN ISO OPPOSITION TO MOTION TO CONTINUE TRIAL DATE Sean Duggan v. Lynn Duggan, et al. \ Case No. SCV-268905 September 28, 2023 2 November 28, 2023. 3 I am hopeful that the transaction "111 close but there are no guarantees and I cannot 4 predict the future. 5 7. lwailiuning ar\d extremely tiring. ••. 11 9. As ofOctober 18. 2023. I was dcclart.-d in remii:;sion. rrowever, I am reevaluated every 12 . ' 13 three months as there is a 48% chance:- of rcoccurrence within five years. i' 5 10. I am currentJy feeling well and believe that I can wilh:st.and lhe rigors of a trial in dlis 14 maUcr and will be able to assist my counsel in the defense oflhis action. 15 l l. Howcvcr1 ifthe cancerco,nes back.and lam required to undertake a rigorous 16 treatment regimen once more, my health may be severel y compromised and if I felt like I did 17 during the earlier treatment, I would not be able to auend the trial nor to assist my counsel in the 18 defense of this complaint 19 I respectfully roqocst that lhe court deoy this motion to continue the trial LL> a new Lrial 20 date which would be the- fourlh trial date in this matter. 21 I declare under penalty t.,r perjury ut1der the Ja"'-s of the State of California th.al the 22 forc:goin,g is true and correct and, if callod as a witoc:ss. 1 C()uld competwtly testifyas to these 23 mattersand that this decl aration was signed on�ll 2024 in l.,ahaim1., 1 la,vaii. � 24 25 �o�g�?- 26 27 28 JOS56'lOO(ll.l9SJ7i6J. I ):i,t 3 lDECLARATION OF L. DUGGAN ISO OPPOSITION TO MOTION TO CONTINUE TRIAL DATE l.<;ean f>·"fj>,an ,,. Lynn Duggan. rt al. \ (au' No. SCV-26890$ 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 LYNN DUGGAN IN OPPOSITION TO PLAINTFF’S MOTION FOR CONTINUANCE 9 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\1951776.2:11224 4 DECLARATION OF L. DUGGAN ISO OPPOSITION TO MOTION TO CONTINUE TRIAL DATE 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\1951776.2:11224 5 DECLARATION OF L. DUGGAN ISO OPPOSITION TO MOTION TO CONTINUE TRIAL DATE Sean Duggan v. Lynn Duggan, et al. \ Case No. SCV-268905