Preview
1 Edward Freidberg, SBN 031279
Port J. Parker, SBN 179256
2 Suzanne M. Alves, SBN 195441
FREIDBERG & PARKER, LLP
3 601 University Avenue, Suite 274
Sacramento, California 95825
4 Tel: (916) 929-9060
Fax: (916) 929-9068
5
6 Attorneys for Plaintiffs
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SACRAMENTO
10
11 HAMMER LANE R.V. & MINI- CASE NO. 34-2008-00023098
STORAGE, LP, a California limited
partnership, by and through it General
12 Partner, HAMMER LANE DECLARATION OF RICHARD
MANAGEMENT, LLC, a California limited SAMRA IN SUPPORT OF
13 liability company; HAMMER LANE PLAINTIFFS' OPPOSITION TO
MANAGEMENT, LLC; and RICHARD MOTION TO DISSOLVE
14 SAMRA, as Co-trustee ofthe RICHARD PRELIMINARY INJUNCTION FILED
AND RAVINDER SAMRA FAMILY BY DEFENDANT LANCE LEFFLER
15 TRUST; BERNARD C. KOOYMAN as AND UNTIMELY "JOINDER" BY
Co-trustee ofthe BERNARD C. DEFENDANT SHARON SCOFIELD
16 KOOYMAN & DONNA K. KOOYMAN FAMILY TRUST
REVOCABLE LIVING TRUST,
17
Plaintiffs,
18
vs. Date: November 5, 2012
19 Time: 2:00 p.m.
HLMS, LLC, a California limited liability Dept: 53
20 company; SHARON SCOFIELD FAMILY Hon. David 1. Brown
TRUST; DIVERSIFIED FOUNDATION
21 L.P.; GWERDER FAMILY TRUST;
LANCE LEFFLER; PANAKOSTA
22 PARTNERS, LP; and DOES 1-20, Complaint filed: September 25, 2008
23 Defendants. Original Trial Date: November 8, 2010
Current Trial Date: November 13, 2012
24
25
CD
26
CC
O 27
28
DECLARATION OF RICHARD SAMRA IN SUPPORT OF PLAINTIFFS' OPPOSITION TO
DEFENDANT LEFFER'S IVIOTION TO DISSOLVE PRELIMINARY INJUNCTION et al.
FREIDBERG & PARKER, LLP
601 UNIVERSrrY AVE., SUrrE 274
SACRAMENTO, CALIFORNIA 95825
-1-
TELEPHONE
(916)929-9060
1 I, RICHARD SAMRA, declare:
2 1. I am a the Co-Trustee of the RICHARD AND RAVINDER SAMRA FAMILY
3 TRUST ("SAMRA TRUST"), a limited partner of HAMMER LANE R.V. & MINI-
4 STORAGE LP ("THE PARTNERSHIP"), and the managing member of HAMMER LANE
5 MANAGEMENT LLC ("MANAGEMENT"), the General Partner for THE PARTNERSHIP.
6 SAMRA TRUST, THE PARTNERSHIP and MANAGEMENT are all named plaintiffs in this
action.
7
2. On September 25, 2008, I caused a Complaint to be filed in the above-referenced
8
matter seeking, among other equitable relief, a declaratory judgment affirming that
9
MANAGEMENT is the General Partner for THE PARTNERSHIP and declaring null and void
10
the defendants attempt to remove MANAGEMENT and replace it with another entity, HLMS
11
LLC. This action was necessitated by the hijacking of THE PARTNERSHIP by the defendants
12
named herein, who on August 20, 2008, purported to oust MANAGEMENT as General Partner
13
by a "written consent," and appoint HLMS LLC in its stead. Thereafter, HLMS, through its
14
agents, took over the operations of THE PARTNERSHIP'S primary asset, a self-storage facility
15
in Stockton.
16
3. Shortly after filing the Complaint, I successfully sought a Temporary Restraining
17 Order and Preliminary Injunction to prevent defendants from interfering with the management
18 and operation of THE PARTNERSHIP and its self-storage facility. I understand that the
19 purpose of that interim relief was to maintain the status quo of THE PARTNERSHIP until
20 there was a trial on the merits of the declaratory relief cause of action, vvhich I believe will
21 affirm that MANAGEMENT is the rightftjl General Partner of THE PARTNERSHIP.
22 4. As set forth in the declaration I submitted in support of the niotion for preliminary
23 injunction, SAMRA TRUST is a personal guarantor of the debts presently owed by THE
24 PARTNERSHIP. In addifion, MANAGEMENT is also liable for the debt obligation currently
25 owed to BANK OF STOCKTON. None of the defendants in this action bears any personal
financial responsibility or liability for THE PARTNERSHIP'S debt.
26
5. As General Partner and co-maker of THE PARTNERSHIP'S promissory note with
27
Bank of Stockton, MANAGEMENT represented and promised that it had the full power and
28
DECLARATION OF RICHARD SAMRA IN SUPPORT OF PLAINTIFFS' OPPOSITION TO
DEFENDANT LEFFER'S MOTION TO DISSOLVE PRELIMINARY INJUNCTION etal.
FREIDBERG & PARKER, LLP
601 UNIVERSITY AVE., SUITE 274
SACRAMENTO, CAUFORNIA 95825
-2-
TELEPHONE
(916)929-9060
1 authority to act on behalf of THE PARTNERSHIP and that it would keep and maintain the
2 books and records for THE PARTNERSHIP. Pursuant to the terms of that note,
3 MANAGEMENT was and is responsible for management and maintenance the assets of THE
4 PARNTERSHIP.
5 6. As set forth in the moving papers seeking the preliminary injuncfion in this action,
6 HLMS LLC's prior actions, through its officers, directors, agents, employees and persons
acting on its behalf or at its request, including but not limited to Johal and Zimmerman, placed
7
THE PARTNERSHIP and its personal guarantors at risk (such as SAMRA TRUST) of a
8
declarafion of defauh by Bank of Stockton on THE PARTNERSHIP'S loan obligafions.
9
7. While Messrs. Johal, Zimmerman and Leffler claim that they have no present intent
10
to interfere with the PARTNERSHIP, the only obstacle presently preventing them from doing
11
so is the Court's Order enjoining such acfivity until final resolution of the remaining issues in
12
this case. In the absence of that Order, there is nothing to preclude the defendants and their
13
principals or agents from engaging in the same type of activities that will expose THE
14
PARTNERSHIP, MANAGEMENT and SAMRA TRUST to great risk, damage, and harm. I
15
am also informed that the promise to refrain from interfering is expressly conditioned upon the
16 nonoccurrence of an event, to wit, the marketing and potential sale of THE PARTNERSLIIP's
17 self-storage facility, rendering the promise is an illusory one. I have read the transcript of the
18 prior hearing involving the proposed dissolution of the preliminary injunction, where the
19 attorneys for HLMS and Messrs. Zimmerman and Johal expressly acknowledged this
20 condition. As made abundanfiy clear from the deposition testimony of Ms. Scofield, Mr.
21 Leffler and attorneys that were working with or on their behalf previously, attached to the
22 Declaration of Port J. Parker and filed contemporaneously herewith, the primary intent and
23 object of the hijacking of THE PARTNERSHIP was to prevent MANAGEMENT from
24 exercising its rights to market and/or sell THE PARTNERSHIP'S storage facility. The risk of
future interference with MANAGEMENT'S obligations to THE PARTNERSHIP, in order to
25
preclude any marketing or sale of THE PARTNERSHIP'S storage facility, thus remains real
26
and immediate, as defendants' promises to refrain from such interference are expressly
27
contingent upon the supposed nonoccurrence of that event.
28
DECLARATION OF RICHARD SAMRA IN SUPPORT OF PLAINTIFFS' OPPOSITION TO
DEFENDANT LEFFER'S MOTION TO DISSOLVE PRELIMINARY INJUNCTION etal.
FREIDBERG & PARKER, LLP
601 UNIVERSFTY AVE., SUrrE 274
SACRAMENTO, CAUFORNIA 95825
-3-
TELEPHONE
(916)929-9060
1 8. As set forth in THE PARTNERSHIP'S goveming agreement, a limited partner is not
2 entitled to manage or operate THE PARTNERSHIP or its self-storage facility. Thus, there is
3 no harm to the defendants to keep the injunction in place to preclude them from engaging in
activities that they are contractual bound to refrain from. In contrast, as already demonstrated
4
to this Court and reiterated herein, the potential harm to THE PARTNERSHIP,
5
MANAGEMENT and SAMRA TRUST is substantial, and irreparable.
6
I have personal knowledge of the foregoing facts and if called as a witness could testify
7
competently thereto.
8
I declare under penalty of perjury under the laws of the State of Caiifomia that the
9 foregoing is tme and correct. Executed this / ^ ^ a y of October, 2012, in Sacramento,
10 Caiifomia.
11
12
By.
13 'kiCHARD SAMRA
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 DECLARATION OF RICHARD SAMRA IN SUPPORT OF PLAINTIFFS' OPPOSITION TO
DEFENDANT LEFFER'S MOTION TO DISSOLVE PRELIMINARY fNJUNCTrON efal.
-4-
FREIDBERG & PARKER, LLP
601 UNIVERSITY AVE., SUITE 274
SACRAMENTO. CAUFORNIA 95825
TELEPHONE
(916)929-9060
Preview
1 Edward Freidberg, SBN 031279 Port J. Parker, SBN 179256 2 Suzanne M. Alves, SBN 195441 FREIDBERG & PARKER, LLP 3 601 University Avenue, Suite 274 Sacramento, California 95825 4 Tel: (916) 929-9060 Fax: (916) 929-9068 5 6 Attorneys for Plaintiffs 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SACRAMENTO 10 11 HAMMER LANE R.V. & MINI- CASE NO. 34-2008-00023098 STORAGE, LP, a California limited partnership, by and through it General 12 Partner, HAMMER LANE DECLARATION OF RICHARD MANAGEMENT, LLC, a California limited SAMRA IN SUPPORT OF 13 liability company; HAMMER LANE PLAINTIFFS' OPPOSITION TO MANAGEMENT, LLC; and RICHARD MOTION TO DISSOLVE 14 SAMRA, as Co-trustee ofthe RICHARD PRELIMINARY INJUNCTION FILED AND RAVINDER SAMRA FAMILY BY DEFENDANT LANCE LEFFLER 15 TRUST; BERNARD C. KOOYMAN as AND UNTIMELY "JOINDER" BY Co-trustee ofthe BERNARD C. DEFENDANT SHARON SCOFIELD 16 KOOYMAN & DONNA K. KOOYMAN FAMILY TRUST REVOCABLE LIVING TRUST, 17 Plaintiffs, 18 vs. Date: November 5, 2012 19 Time: 2:00 p.m. HLMS, LLC, a California limited liability Dept: 53 20 company; SHARON SCOFIELD FAMILY Hon. David 1. Brown TRUST; DIVERSIFIED FOUNDATION 21 L.P.; GWERDER FAMILY TRUST; LANCE LEFFLER; PANAKOSTA 22 PARTNERS, LP; and DOES 1-20, Complaint filed: September 25, 2008 23 Defendants. Original Trial Date: November 8, 2010 Current Trial Date: November 13, 2012 24 25 CD 26 CC O 27 28 DECLARATION OF RICHARD SAMRA IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT LEFFER'S IVIOTION TO DISSOLVE PRELIMINARY INJUNCTION et al. FREIDBERG & PARKER, LLP 601 UNIVERSrrY AVE., SUrrE 274 SACRAMENTO, CALIFORNIA 95825 -1- TELEPHONE (916)929-9060 1 I, RICHARD SAMRA, declare: 2 1. I am a the Co-Trustee of the RICHARD AND RAVINDER SAMRA FAMILY 3 TRUST ("SAMRA TRUST"), a limited partner of HAMMER LANE R.V. & MINI- 4 STORAGE LP ("THE PARTNERSHIP"), and the managing member of HAMMER LANE 5 MANAGEMENT LLC ("MANAGEMENT"), the General Partner for THE PARTNERSHIP. 6 SAMRA TRUST, THE PARTNERSHIP and MANAGEMENT are all named plaintiffs in this action. 7 2. On September 25, 2008, I caused a Complaint to be filed in the above-referenced 8 matter seeking, among other equitable relief, a declaratory judgment affirming that 9 MANAGEMENT is the General Partner for THE PARTNERSHIP and declaring null and void 10 the defendants attempt to remove MANAGEMENT and replace it with another entity, HLMS 11 LLC. This action was necessitated by the hijacking of THE PARTNERSHIP by the defendants 12 named herein, who on August 20, 2008, purported to oust MANAGEMENT as General Partner 13 by a "written consent," and appoint HLMS LLC in its stead. Thereafter, HLMS, through its 14 agents, took over the operations of THE PARTNERSHIP'S primary asset, a self-storage facility 15 in Stockton. 16 3. Shortly after filing the Complaint, I successfully sought a Temporary Restraining 17 Order and Preliminary Injunction to prevent defendants from interfering with the management 18 and operation of THE PARTNERSHIP and its self-storage facility. I understand that the 19 purpose of that interim relief was to maintain the status quo of THE PARTNERSHIP until 20 there was a trial on the merits of the declaratory relief cause of action, vvhich I believe will 21 affirm that MANAGEMENT is the rightftjl General Partner of THE PARTNERSHIP. 22 4. As set forth in the declaration I submitted in support of the niotion for preliminary 23 injunction, SAMRA TRUST is a personal guarantor of the debts presently owed by THE 24 PARTNERSHIP. In addifion, MANAGEMENT is also liable for the debt obligation currently 25 owed to BANK OF STOCKTON. None of the defendants in this action bears any personal financial responsibility or liability for THE PARTNERSHIP'S debt. 26 5. As General Partner and co-maker of THE PARTNERSHIP'S promissory note with 27 Bank of Stockton, MANAGEMENT represented and promised that it had the full power and 28 DECLARATION OF RICHARD SAMRA IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT LEFFER'S MOTION TO DISSOLVE PRELIMINARY INJUNCTION etal. FREIDBERG & PARKER, LLP 601 UNIVERSITY AVE., SUITE 274 SACRAMENTO, CAUFORNIA 95825 -2- TELEPHONE (916)929-9060 1 authority to act on behalf of THE PARTNERSHIP and that it would keep and maintain the 2 books and records for THE PARTNERSHIP. Pursuant to the terms of that note, 3 MANAGEMENT was and is responsible for management and maintenance the assets of THE 4 PARNTERSHIP. 5 6. As set forth in the moving papers seeking the preliminary injuncfion in this action, 6 HLMS LLC's prior actions, through its officers, directors, agents, employees and persons acting on its behalf or at its request, including but not limited to Johal and Zimmerman, placed 7 THE PARTNERSHIP and its personal guarantors at risk (such as SAMRA TRUST) of a 8 declarafion of defauh by Bank of Stockton on THE PARTNERSHIP'S loan obligafions. 9 7. While Messrs. Johal, Zimmerman and Leffler claim that they have no present intent 10 to interfere with the PARTNERSHIP, the only obstacle presently preventing them from doing 11 so is the Court's Order enjoining such acfivity until final resolution of the remaining issues in 12 this case. In the absence of that Order, there is nothing to preclude the defendants and their 13 principals or agents from engaging in the same type of activities that will expose THE 14 PARTNERSHIP, MANAGEMENT and SAMRA TRUST to great risk, damage, and harm. I 15 am also informed that the promise to refrain from interfering is expressly conditioned upon the 16 nonoccurrence of an event, to wit, the marketing and potential sale of THE PARTNERSLIIP's 17 self-storage facility, rendering the promise is an illusory one. I have read the transcript of the 18 prior hearing involving the proposed dissolution of the preliminary injunction, where the 19 attorneys for HLMS and Messrs. Zimmerman and Johal expressly acknowledged this 20 condition. As made abundanfiy clear from the deposition testimony of Ms. Scofield, Mr. 21 Leffler and attorneys that were working with or on their behalf previously, attached to the 22 Declaration of Port J. Parker and filed contemporaneously herewith, the primary intent and 23 object of the hijacking of THE PARTNERSHIP was to prevent MANAGEMENT from 24 exercising its rights to market and/or sell THE PARTNERSHIP'S storage facility. The risk of future interference with MANAGEMENT'S obligations to THE PARTNERSHIP, in order to 25 preclude any marketing or sale of THE PARTNERSHIP'S storage facility, thus remains real 26 and immediate, as defendants' promises to refrain from such interference are expressly 27 contingent upon the supposed nonoccurrence of that event. 28 DECLARATION OF RICHARD SAMRA IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT LEFFER'S MOTION TO DISSOLVE PRELIMINARY INJUNCTION etal. FREIDBERG & PARKER, LLP 601 UNIVERSFTY AVE., SUrrE 274 SACRAMENTO, CAUFORNIA 95825 -3- TELEPHONE (916)929-9060 1 8. As set forth in THE PARTNERSHIP'S goveming agreement, a limited partner is not 2 entitled to manage or operate THE PARTNERSHIP or its self-storage facility. Thus, there is 3 no harm to the defendants to keep the injunction in place to preclude them from engaging in activities that they are contractual bound to refrain from. In contrast, as already demonstrated 4 to this Court and reiterated herein, the potential harm to THE PARTNERSHIP, 5 MANAGEMENT and SAMRA TRUST is substantial, and irreparable. 6 I have personal knowledge of the foregoing facts and if called as a witness could testify 7 competently thereto. 8 I declare under penalty of perjury under the laws of the State of Caiifomia that the 9 foregoing is tme and correct. Executed this / ^ ^ a y of October, 2012, in Sacramento, 10 Caiifomia. 11 12 By. 13 'kiCHARD SAMRA 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF RICHARD SAMRA IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT LEFFER'S MOTION TO DISSOLVE PRELIMINARY fNJUNCTrON efal. -4- FREIDBERG & PARKER, LLP 601 UNIVERSITY AVE., SUITE 274 SACRAMENTO. CAUFORNIA 95825 TELEPHONE (916)929-9060