Motion-Secondary: Richard Bozner, Candyce E. Bozner as Trustees of The Bozner Family Trust dated December 16, 1991 -v- Luis Navarro, as Trustee of The Navarro Trust Dated May 1, 2007 et al Print

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                                                                                      SUPERIOR COURT OF CALIFORNIA
     Roger J. Buffington (State Bar No. 191960)                                       COUNTY OF SAN BERNARDINO
     Kaden J. Kennedy (State Bar No. 238699)                                          2/14/2024 2:16 PM
     Rye Mhtar (State Bar No. 330837)
     Bridgette A. Menzel (State Bar No. 344016)
     Buffington Law Firm, PC
     8840 Warner Ave., Suite 300
     Fountain Valley, CA 92708
     Main: (714) 842-6124
     Fax:(714) 842-6134
     Email: notice@buffingtonlawfirm.corn

     Attorneys for: Defendants Luis Navarro and Lilia Navarro, as Trustees of The Navarro Trust
     Dated May 1, 2007

                      SUPERIOR COURT OF THK STATE OF CALIFORNIA
                          FOR THK COUNTY OF SAN BERNARDINO
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     RICHARD BOZNER, CANDYCE E.                        No. CIVSB2200084
     BOZNER as TRUSTEES OF THE BOZNER
     FAMILY TRUST DATED DECEMBER 16,
12   1991,                                             DECLARATION OF LUIS NAVARRO IN
                                                       SUPPORT OF DEFENDANTS LUIS
             PLAINTIFFS,                               NAVARRO AND LILIA NAVARRO
                                                       OPPOSITION TO
14                                                                 PLAINTIFFS'OTION
                                                               TO ENFORCE SETTLEMENT
     vs.                                               AND FOR AWARD OF SANCTIONS
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     LUIS NAVARRO, LILIA NAVARRO, as                   [Opposition to Motion; Declaration of Rye
17   TRUSTEES OF THE NAVARRO TRUST                     Mhtar, Esq; Declaration of Cody Cox;
     DATED MAY 1, 2007,                                Declaration of John Trevor Sudweeks; List
18   and DOES 1 through 100, Iriclusive,               of Exhibits;Proposed Order Submitted
                                                       Herewith]
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             DEFENDANTS.                               Date: February 28, 2024
20                                                     Time: 8:30 a.m.
                                                       Dept.: S32
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                                                       Action Filed: January 4, 2022


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           DECLARATION OF LUIS NAVARRO IN SUPPORT OF DKFKNDANTS'PPOSITION
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                                     DECLARATION OF LUIS NAVARRO

     I,   Luis Navarro, declare:
     l.    I am a Party in this matter. As such I have personal   knowledge of the subject matter
           contained herein, and if called upon to testify I could and would testify fully and truthfully as
           to the same.

 6   2.    I   write this Declaration in support of Defendants'pposition to Plaintiff s Motion to Enforce

           Settlement and Request for Sanctions.
     3. On March 29, 2023, the Defendants, myself and my wife, executed the Settlement
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           Agreement.
     4.    I   hired Pacific Land Surveying Inc. as a Surveyor to provide a temporary on site location of
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           the Property Line between the Bozner Property and the Navarro Property in accordance with
           the terms of the Settlement Agreement. On April 23, 2023, Pacific Land Surveying Inc.
12         performed the Survey in accordance with the Settlement Agreement terms. Accordingly, the
           Defendants'bligation under Section 4.1 of the Settlement Agreement were completed.
     5.    I   hired Trevor Sudweeks from Sudweel&s Construction Inc, to perform the removal of all

           portions of concrete extending from the Navarro Property over the Property Line onto the
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           Bozner Property. Trevor Sudweel&s completed the removal of all portions of the concrete
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           between June 12, 2023 through June 21, 2023. Accordingly, the Defendants'bligation
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           under Section 4.2 of the Settlement Agreement were completed.
     6. In order to remove the portions      of the concrete from the Navarro Property, Sudweeks
19         Construction Inc. required temporary dumpsters placed between the properties to throw away

20         certain portions of concrete that were removed in accordance with the terms of the Settlemen

           Agreement. Plaintiffs continued to harass the workers I hired and limit the access of the
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           dumpsters to allow for the concrete removal in accordance with the Settlement Agreement,
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           causing delay as to the completion of the particular tendai.
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     7. I hired Trevor Sudweel&s from Sudweeks Construction Inc. to remove the awning extending
24         from the Navarro Property over the Property Line onto the Bozner Property. Trevor

           Sudweeks completed the removal of the awning between June 12 through June 21, 2023.

           DECLARATION OF LUIS NAVARRO IN SUPPORT OF DEFENDANTS'PPOSITION
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