Preview
1
2 A PROFESSIONAL CORPORATION
Carl J. Calnero, SBN 117590
3 ccalnero@porterscott.com Filed - 12/06/2023
Electronically filed by Superior Court of California
Martin N. Jensen, SBN 232231 County of Placer on 12/06/2023
4 mjensen@porterscott.com Jake Chatters, Clerk of the Court
By J. Bunday Deputy Clerk
5 2180 Harvard Street, Suite 500
Sacramento, California 95815
6 TEL: 916.929.1481
FAX: 916.927.3706
7
8 Attorneys for Defendants/Cross-Complainants
JOHN L. SULLIVAN, STEVEN A. RUCKELS, MICHELE R. SULLIVAN,
9 JOHN L. SULLIVAN INVESTMENTS, INC. (Defendants)
10 JOHN L. SULLIVAN, Individually, and as TRUSTEE OF THE JOHN L. SULLIVAN 1992
REVOCABLE TRUST, TRUSTEE OF THE KMS 2013 EXEMPT TRUST, and as TRUSTEE
11
OF THE MRS 2013 EXEMPT TRUST (Cross-Complainants)
12
SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER
2180 Harvard Street, Suite 500
13
Sacramento, CA 95815
PORTER | SCOTT
FAX: 916.927.3706
TEL: 916.929.1481
DAVID A. RODGERS, an individual, Case No.: S-CV-0046695
14
Plaintiff, [PROPOSED] ORDER GRANTING
15
v. MOTION TO SEAL DOCUMENTS IN
16 SUPPORT OF DEFENDANTS JOHN L.
JOHN L. SULLIVAN, an Individual, SULLIVAN. STEVEN A. RUCKELS,
17 STEVEN A. RUCKELS, an Individual,
MICHELE R. SULLIVAN, an Individual, MICHELE R. SULLIVAN, AND JOHN L.
18 JOHN L. SULLIVAN INVESTMENTS, INC. SULLIVAN INVESTMENTS, INC. DBA
a California corporation, dba Roseville Toyota, ROSEVILLE TOYOTA’S MOTIONS FOR
19 JOHN L. SULLIVAN ENTERPRISES, INC., SUMMARY ADJUDICATION AGAINST
a California Corporation, dba Livermore
Toyota, JOHN L. SULLIVAN DODGE PLAINTIFF’S THIRD AMENDED
20
CHRYSLER, INC., a California Corporation, COMPLAINT
21 dba Yuba City Dodge Chrysler, SULLIVAN
MOTORS LP, a California limited partnership, Date: November 21, 2023
22 dba Roseville Kia, SULLIVAN
MANAGEMENT, LLC, a California limited Time: 8:30 a.m.
23 liability company, and DOES 1-50, inclusive, Dept.: 42
24 Defendants. Third Amended Complaint Filed: 5/16/23
___________________________________/ Cross-Complaint Filed: 7/2/21
25 AND ALL RELATED CROSS-ACTIONS. Trial Date: 1/8/24
___________________________________/
26
27
28
1
[PROPOSED] ORDER GRANTING MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS
JOHN L. SULLIVAN. STEVEN A. RUCKELS, MICHELE R. SULLIVAN, AND JOHN L. SULLIVAN
INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTIONS FOR SUMMARY ADJUDICATION
AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT
4878-9704-5649, v. 1
1 [PROPOSED] ORDER
2 On November 21, 2023, at 8:30 a.m. in Department 42 of the above-entitled court,
3 Defendants JOHN L. SULLIVAN, STEVEN A. RUCKELS, MICHELE R. SULLIVAN, and
4 JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’s (collectively
5 “Defendants”) Motion to Seal Documents in Support of Defendants’ Motion for Summary
6 Adjudication (“Motion”) came on for hearing. Defendants seek to seal documents in conjunction
7 with the Motion. After having reviewed and considered all the motion to seal documents submitted
8 by the parties in connection with the Motion, having heard the arguments of counsel, and for good
9 cause shown, the Court finds, and orders as follows:
10 1. DECLARATION OF MARTIN N. JENSEN IN SUPPORT OF DEFENDANTS JOHN L.
11 SULLIVAN AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE
12 TOYOTA’S MOTION FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF’S
2180 Harvard Street, Suite 500
13 THIRD AMENDED COMPLAINT;
Sacramento, CA 95815
PORTER | SCOTT
FAX: 916.927.3706
TEL: 916.929.1481
14 2. DECLARATION OF MARTIN N. JENSEN IN SUPPORT OF DEFENDANT STEVEN
15 A. RUCKELS’ MOTION FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF’S
16 THIRD AMENDED COMPLAINT;
17 3. DECLARATION OF MARTIN N. JENSEN IN SUPPORT OF DEFENDANT MICHELE
18 R. SULLIVAN’S MOTION FOR SUMMARY ADJUDICATION AGAINST
19 PLAINTIFF’S THIRD AMENDED COMPLAINT;
20 4. SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN REPLY TO
21 DEFENDANTS JOHN L. SULLIVAN AND JOHN L. SULLIVAN INVESTMENTS,
22 INC. DBA ROSEVILLE TOYOTA’S MOTION FOR SUMMARY ADJUDICATION
23 AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT;
24 5. MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY TO DEFENDANTS
25 JOHN L. SULLIVAN AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA
26 ROSEVILLE TOYOTA’S MOTION FOR SUMMARY ADJUDICATION AGAINST
27 PLAINTIFF’S THIRD AMENDED COMPLAINT;
28
2
[PROPOSED] ORDER GRANTING MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS
JOHN L. SULLIVAN. STEVEN A. RUCKELS, MICHELE R. SULLIVAN, AND JOHN L. SULLIVAN
INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTIONS FOR SUMMARY ADJUDICATION
AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT
4878-9704-5649, v. 1
1 6. SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN REPLY TO
2 DEFENDANT STEVEN A. RUCKELS’ MOTION FOR SUMMARY ADJUDICATION
3 AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT;
4 7. MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY TO DEFENDANT
5 STEVEN A. RUCKELS’ MOTION FOR SUMMARY ADJUDICATION AGAINST
6 PLAINTIFF’S THIRD AMENDED COMPLAINT;
7 8. SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN REPLY TO
8 DEFENDANT MICHELE R. SULLIVAN’S MOTION FOR SUMMARY
9 ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT; and
10 9. MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY TO DEFENDANT
11 MICHELE R. SULLIVAN’S MOTION FOR SUMMARY ADJUDICATION AGAINST
12 PLAINTIFF’S THIRD AMENDED COMPLAINT.
2180 Harvard Street, Suite 500
13 The Court orders Defendants to publicly file the above documents with the following
Sacramento, CA 95815
PORTER | SCOTT
FAX: 916.927.3706
TEL: 916.929.1481
14 information redacted from public disclosure:1) any transaction prices that could potentially be paid
15 or were paid for dealership assets that were sold in August of 2021 and January of 2022; 2) any
16 transaction prices paid for real property that was sold in related real estate transactions in August of
17 2021 and January of 2022; 3) amounts of any distributions paid to shareholders/partners of the
18 dealership entities; and 4) bank statement information, bank account numbers and unrelated
19 banking transactions for the entity dealerships, within 7 days of the signing of this Order.
20
21 IT IS SO ORDERED.
22
23 DATED: ___________________
12/06/2023 _________________________________
/s/ Hon. Trisha Hirashima
JUDGE OF THE SUPERIOR COURT
24
25
26
27
28
3
[PROPOSED] ORDER GRANTING MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS
JOHN L. SULLIVAN. STEVEN A. RUCKELS, MICHELE R. SULLIVAN, AND JOHN L. SULLIVAN
INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTIONS FOR SUMMARY ADJUDICATION
AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT
4878-9704-5649, v. 1
CASE NAME: Rodgers v. John L. Sullivan, et al.
1
CASE NO.: Placer County Superior Court, Case No. S-CV-0046695
2
PROOF OF SERVICE
3 At the time of service, I was over 18 years of age and not a party to this action. My business
address is 2180 Harvard Street, Suite 500, Sacramento, California 95815. On November 15, 2023, I
4
served the following documents: [PROPOSED] ORDER GRANTING MOTION TO SEAL
5 DOCUMENTS IN SUPPORT OF DEFENDANTS JOHN L. SULLIVAN. STEVEN A. RUCKELS,
MICHELE R. SULLIVAN, AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE
6 TOYOTA’S MOTIONS FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF’S THIRD
AMENDED COMPLAINT
7
BY MAIL: I placed the envelope for collection and mailing, following our ordinary business practices. I
8 am readily familiar with this business’ practice for collecting and processing correspondence for mailing.
On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary
9 course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid.
BY PERSONAL SERVICE: I caused such document to be personally delivered to the person(s)
10 addressed below. (1) For a party represented by an attorney, delivery was made to the attorney or at the
attorney’s office by leaving the documents, in an envelope or package clearly labeled to identify the
11 attorney being served, with a receptionist or an individual in charge of the office, between the hours of
nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving
12 the documents at the party’s residence with some person not younger than 18 years of age between the
2180 Harvard Street, Suite 500
hours of eight in the morning and six in the evening.
13
Sacramento, CA 95815
BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided by an
PORTER | SCOTT
FAX: 916.927.3706
TEL: 916.929.1481
overnight delivery carrier and addressed to the person(s) listed below. I placed the envelope or package
14
for collection and overnight delivery at my office or a regularly utilized drop box of the overnight delivery
carrier.
15
BY FAX TRANSMISSION: Based on an agreement of the parties to accept service by fax transmission,
16 I faxed the documents to the persons at the fax numbers listed below. No error was reported by the fax
machine that I used. A copy of the record of the fax transmission, which I printed out, is attached
17 XX BY ELECTRONIC TRANSMISSION: By electronically serving the document(s) to the electronic
mail address set forth below on this date before 11:59 p.m. pursuant to Code of Civil Procedure section
18 1010.6(a)(2), (4) and (5).
Addressed as follows:
19
Counsel for Plaintiff: David A. Rodgers
20 Jennifer G. Redmond
Susan Haines
21 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
22 Four Embarcadero Center, 17th Floor
San Francisco, California 94111-4109
23 E: jredmond@sheppardmullin.com
E: shaines@sheppardmullin.com
24
25 Counsel for Plaintiff: David A. Rodgers
Judy Suwatanapongched
26 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
333 South Hope Street
27 Los Angeles, CA 90071-1422
28 E: JSuwatanapongched@sheppardmullin.com
4
[PROPOSED] ORDER GRANTING MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS
JOHN L. SULLIVAN. STEVEN A. RUCKELS, MICHELE R. SULLIVAN, AND JOHN L. SULLIVAN
INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTIONS FOR SUMMARY ADJUDICATION
AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT
4878-9704-5649, v. 1
Counsel for Plaintiff: David A. Rodgers
1
Kristin P. Housh
2 SHEPPARD MULLIN
12275 El Camino Real, Suite 100
3 San Diego, CA 92130-4092
E: khoush@sheppardmullin.com
4
5 Counsel for Plaintiff: David A. Rodgers
Amanda L. Cottrell
6 SHEPPARD MULLIN
2200 Ross Ave., 20th Floor
7 Dallas, Texas 75201
8 E: acottrell@sheppardmullin.com
9 Counsel for Defendants: John L. Sullivan
Enterprises, Inc., John L. Sullivan Dodge
10 Chrysler, Inc., Sullivan Motors LP and Sullivan
Management, LLC
11 Daniel V. Kohls
Leighton Koberlein
12 HANSEN, KOHLS, SOMMER &
JACOB, LLP
2180 Harvard Street, Suite 500
13 1520 Eureka Road, Suite 100
Sacramento, CA 95815
PORTER | SCOTT
FAX: 916.927.3706
TEL: 916.929.1481
Roseville, CA 95661
14 E: dkohls@hansenkohls.com
15 E: lkoberlein@hansenkohls.com
16
17 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed at Sacramento, California on November 15, 2023.
18
19 Desiree Ganzon
Desiree Ganzon
20
21
22
23
24
25
26
27
28
5
[PROPOSED] ORDER GRANTING MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS
JOHN L. SULLIVAN. STEVEN A. RUCKELS, MICHELE R. SULLIVAN, AND JOHN L. SULLIVAN
INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTIONS FOR SUMMARY ADJUDICATION
AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT
4878-9704-5649, v. 1
Preview
1 2 A PROFESSIONAL CORPORATION Carl J. Calnero, SBN 117590 3 ccalnero@porterscott.com Filed - 12/06/2023 Electronically filed by Superior Court of California Martin N. Jensen, SBN 232231 County of Placer on 12/06/2023 4 mjensen@porterscott.com Jake Chatters, Clerk of the Court By J. Bunday Deputy Clerk 5 2180 Harvard Street, Suite 500 Sacramento, California 95815 6 TEL: 916.929.1481 FAX: 916.927.3706 7 8 Attorneys for Defendants/Cross-Complainants JOHN L. SULLIVAN, STEVEN A. RUCKELS, MICHELE R. SULLIVAN, 9 JOHN L. SULLIVAN INVESTMENTS, INC. (Defendants) 10 JOHN L. SULLIVAN, Individually, and as TRUSTEE OF THE JOHN L. SULLIVAN 1992 REVOCABLE TRUST, TRUSTEE OF THE KMS 2013 EXEMPT TRUST, and as TRUSTEE 11 OF THE MRS 2013 EXEMPT TRUST (Cross-Complainants) 12 SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER 2180 Harvard Street, Suite 500 13 Sacramento, CA 95815 PORTER | SCOTT FAX: 916.927.3706 TEL: 916.929.1481 DAVID A. RODGERS, an individual, Case No.: S-CV-0046695 14 Plaintiff, [PROPOSED] ORDER GRANTING 15 v. MOTION TO SEAL DOCUMENTS IN 16 SUPPORT OF DEFENDANTS JOHN L. JOHN L. SULLIVAN, an Individual, SULLIVAN. STEVEN A. RUCKELS, 17 STEVEN A. RUCKELS, an Individual, MICHELE R. SULLIVAN, an Individual, MICHELE R. SULLIVAN, AND JOHN L. 18 JOHN L. SULLIVAN INVESTMENTS, INC. SULLIVAN INVESTMENTS, INC. DBA a California corporation, dba Roseville Toyota, ROSEVILLE TOYOTA’S MOTIONS FOR 19 JOHN L. SULLIVAN ENTERPRISES, INC., SUMMARY ADJUDICATION AGAINST a California Corporation, dba Livermore Toyota, JOHN L. SULLIVAN DODGE PLAINTIFF’S THIRD AMENDED 20 CHRYSLER, INC., a California Corporation, COMPLAINT 21 dba Yuba City Dodge Chrysler, SULLIVAN MOTORS LP, a California limited partnership, Date: November 21, 2023 22 dba Roseville Kia, SULLIVAN MANAGEMENT, LLC, a California limited Time: 8:30 a.m. 23 liability company, and DOES 1-50, inclusive, Dept.: 42 24 Defendants. Third Amended Complaint Filed: 5/16/23 ___________________________________/ Cross-Complaint Filed: 7/2/21 25 AND ALL RELATED CROSS-ACTIONS. Trial Date: 1/8/24 ___________________________________/ 26 27 28 1 [PROPOSED] ORDER GRANTING MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS JOHN L. SULLIVAN. STEVEN A. RUCKELS, MICHELE R. SULLIVAN, AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTIONS FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT 4878-9704-5649, v. 1 1 [PROPOSED] ORDER 2 On November 21, 2023, at 8:30 a.m. in Department 42 of the above-entitled court, 3 Defendants JOHN L. SULLIVAN, STEVEN A. RUCKELS, MICHELE R. SULLIVAN, and 4 JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’s (collectively 5 “Defendants”) Motion to Seal Documents in Support of Defendants’ Motion for Summary 6 Adjudication (“Motion”) came on for hearing. Defendants seek to seal documents in conjunction 7 with the Motion. After having reviewed and considered all the motion to seal documents submitted 8 by the parties in connection with the Motion, having heard the arguments of counsel, and for good 9 cause shown, the Court finds, and orders as follows: 10 1. DECLARATION OF MARTIN N. JENSEN IN SUPPORT OF DEFENDANTS JOHN L. 11 SULLIVAN AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE 12 TOYOTA’S MOTION FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF’S 2180 Harvard Street, Suite 500 13 THIRD AMENDED COMPLAINT; Sacramento, CA 95815 PORTER | SCOTT FAX: 916.927.3706 TEL: 916.929.1481 14 2. DECLARATION OF MARTIN N. JENSEN IN SUPPORT OF DEFENDANT STEVEN 15 A. RUCKELS’ MOTION FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF’S 16 THIRD AMENDED COMPLAINT; 17 3. DECLARATION OF MARTIN N. JENSEN IN SUPPORT OF DEFENDANT MICHELE 18 R. SULLIVAN’S MOTION FOR SUMMARY ADJUDICATION AGAINST 19 PLAINTIFF’S THIRD AMENDED COMPLAINT; 20 4. SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN REPLY TO 21 DEFENDANTS JOHN L. SULLIVAN AND JOHN L. SULLIVAN INVESTMENTS, 22 INC. DBA ROSEVILLE TOYOTA’S MOTION FOR SUMMARY ADJUDICATION 23 AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT; 24 5. MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY TO DEFENDANTS 25 JOHN L. SULLIVAN AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA 26 ROSEVILLE TOYOTA’S MOTION FOR SUMMARY ADJUDICATION AGAINST 27 PLAINTIFF’S THIRD AMENDED COMPLAINT; 28 2 [PROPOSED] ORDER GRANTING MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS JOHN L. SULLIVAN. STEVEN A. RUCKELS, MICHELE R. SULLIVAN, AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTIONS FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT 4878-9704-5649, v. 1 1 6. SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN REPLY TO 2 DEFENDANT STEVEN A. RUCKELS’ MOTION FOR SUMMARY ADJUDICATION 3 AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT; 4 7. MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY TO DEFENDANT 5 STEVEN A. RUCKELS’ MOTION FOR SUMMARY ADJUDICATION AGAINST 6 PLAINTIFF’S THIRD AMENDED COMPLAINT; 7 8. SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN REPLY TO 8 DEFENDANT MICHELE R. SULLIVAN’S MOTION FOR SUMMARY 9 ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT; and 10 9. MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY TO DEFENDANT 11 MICHELE R. SULLIVAN’S MOTION FOR SUMMARY ADJUDICATION AGAINST 12 PLAINTIFF’S THIRD AMENDED COMPLAINT. 2180 Harvard Street, Suite 500 13 The Court orders Defendants to publicly file the above documents with the following Sacramento, CA 95815 PORTER | SCOTT FAX: 916.927.3706 TEL: 916.929.1481 14 information redacted from public disclosure:1) any transaction prices that could potentially be paid 15 or were paid for dealership assets that were sold in August of 2021 and January of 2022; 2) any 16 transaction prices paid for real property that was sold in related real estate transactions in August of 17 2021 and January of 2022; 3) amounts of any distributions paid to shareholders/partners of the 18 dealership entities; and 4) bank statement information, bank account numbers and unrelated 19 banking transactions for the entity dealerships, within 7 days of the signing of this Order. 20 21 IT IS SO ORDERED. 22 23 DATED: ___________________ 12/06/2023 _________________________________ /s/ Hon. Trisha Hirashima JUDGE OF THE SUPERIOR COURT 24 25 26 27 28 3 [PROPOSED] ORDER GRANTING MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS JOHN L. SULLIVAN. STEVEN A. RUCKELS, MICHELE R. SULLIVAN, AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTIONS FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT 4878-9704-5649, v. 1 CASE NAME: Rodgers v. John L. Sullivan, et al. 1 CASE NO.: Placer County Superior Court, Case No. S-CV-0046695 2 PROOF OF SERVICE 3 At the time of service, I was over 18 years of age and not a party to this action. My business address is 2180 Harvard Street, Suite 500, Sacramento, California 95815. On November 15, 2023, I 4 served the following documents: [PROPOSED] ORDER GRANTING MOTION TO SEAL 5 DOCUMENTS IN SUPPORT OF DEFENDANTS JOHN L. SULLIVAN. STEVEN A. RUCKELS, MICHELE R. SULLIVAN, AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE 6 TOYOTA’S MOTIONS FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT 7 BY MAIL: I placed the envelope for collection and mailing, following our ordinary business practices. I 8 am readily familiar with this business’ practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary 9 course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. BY PERSONAL SERVICE: I caused such document to be personally delivered to the person(s) 10 addressed below. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney’s office by leaving the documents, in an envelope or package clearly labeled to identify the 11 attorney being served, with a receptionist or an individual in charge of the office, between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving 12 the documents at the party’s residence with some person not younger than 18 years of age between the 2180 Harvard Street, Suite 500 hours of eight in the morning and six in the evening. 13 Sacramento, CA 95815 BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided by an PORTER | SCOTT FAX: 916.927.3706 TEL: 916.929.1481 overnight delivery carrier and addressed to the person(s) listed below. I placed the envelope or package 14 for collection and overnight delivery at my office or a regularly utilized drop box of the overnight delivery carrier. 15 BY FAX TRANSMISSION: Based on an agreement of the parties to accept service by fax transmission, 16 I faxed the documents to the persons at the fax numbers listed below. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached 17 XX BY ELECTRONIC TRANSMISSION: By electronically serving the document(s) to the electronic mail address set forth below on this date before 11:59 p.m. pursuant to Code of Civil Procedure section 18 1010.6(a)(2), (4) and (5). Addressed as follows: 19 Counsel for Plaintiff: David A. Rodgers 20 Jennifer G. Redmond Susan Haines 21 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 22 Four Embarcadero Center, 17th Floor San Francisco, California 94111-4109 23 E: jredmond@sheppardmullin.com E: shaines@sheppardmullin.com 24 25 Counsel for Plaintiff: David A. Rodgers Judy Suwatanapongched 26 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 333 South Hope Street 27 Los Angeles, CA 90071-1422 28 E: JSuwatanapongched@sheppardmullin.com 4 [PROPOSED] ORDER GRANTING MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS JOHN L. SULLIVAN. STEVEN A. RUCKELS, MICHELE R. SULLIVAN, AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTIONS FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT 4878-9704-5649, v. 1 Counsel for Plaintiff: David A. Rodgers 1 Kristin P. Housh 2 SHEPPARD MULLIN 12275 El Camino Real, Suite 100 3 San Diego, CA 92130-4092 E: khoush@sheppardmullin.com 4 5 Counsel for Plaintiff: David A. Rodgers Amanda L. Cottrell 6 SHEPPARD MULLIN 2200 Ross Ave., 20th Floor 7 Dallas, Texas 75201 8 E: acottrell@sheppardmullin.com 9 Counsel for Defendants: John L. Sullivan Enterprises, Inc., John L. Sullivan Dodge 10 Chrysler, Inc., Sullivan Motors LP and Sullivan Management, LLC 11 Daniel V. Kohls Leighton Koberlein 12 HANSEN, KOHLS, SOMMER & JACOB, LLP 2180 Harvard Street, Suite 500 13 1520 Eureka Road, Suite 100 Sacramento, CA 95815 PORTER | SCOTT FAX: 916.927.3706 TEL: 916.929.1481 Roseville, CA 95661 14 E: dkohls@hansenkohls.com 15 E: lkoberlein@hansenkohls.com 16 17 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Sacramento, California on November 15, 2023. 18 19 Desiree Ganzon Desiree Ganzon 20 21 22 23 24 25 26 27 28 5 [PROPOSED] ORDER GRANTING MOTION TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANTS JOHN L. SULLIVAN. STEVEN A. RUCKELS, MICHELE R. SULLIVAN, AND JOHN L. SULLIVAN INVESTMENTS, INC. DBA ROSEVILLE TOYOTA’S MOTIONS FOR SUMMARY ADJUDICATION AGAINST PLAINTIFF’S THIRD AMENDED COMPLAINT 4878-9704-5649, v. 1