Preview
Jeffrey H. Lowenthal (State Bar No. 111763)
Edward Egan Smith (State Bar No. 169792)
Matthew W. Delbridge (State Bar No. 343636)
STEYER LOWENTHAL BOODROOKAS
ALVAREZ & SMITH LLP
235 Pine Street, 15th Floor
San Francisco, California 94104
Telephone: (415) 421-3400
Facsimile: (415) 421-2234
E-mail: jlowenthal@steyerlaw.com
esmith@steyerlaw.com
mdelbridge@steyerlaw.com
Attorneys for Defendant and Cross-Complainant
United States Real Estate Corporation
Jacoby Perez (State Bar No. 315990)
10 GERACI LAW FIRM
90 Discovery
11 Irvine, CA 92618
Telephone: (949) 379-2600
12 Direct: (949) 504-4195
Email: j-perez@geracillp.com
13
Co-counsel for Defendant and Cross-Complainant
14 United States Real Estate Corporation
15
16 SUPERIOR COURT OF THE STATE OF CALIFORNIA
17 FOR THE COUNTY OF SANTA CRUZ
18
19 JASON NEEL, Case No. 22CV01758
20 Plaintiff,
DECLARATION OF EDWARD EGAN SMITH
21 Vv. IN SUPPORT OF UNITED STATES REAL
ESTATE CORPORATION’S EX PARTE
22 SUPERIOR LOAN SERVICING, ASSET APPLICATION TO CONTINUE TRIAL OR,
DEFAULT MANAGEMENT, INC., ALTERNATIVEYL, FOR ORDER
23 UNITED STATES REAL ESTATE SHORTENING TIME
CORPORATION and DOES | through
24 100, inclusive, Date: April 3, 2024
Time: 1:00 p.m.
25 Defendants. Dept: 10
26
AND RELATED CROSS-ACTION(S). Action Filed: August 10, 2021 [Alameda Superior]
27 Trial Date: August 12, 2024
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DECLARATION OF EDWARD EGAN SMITH IN SUPPORT OF UNITED STATES REAL ESTATE
CORPORATION’S EX PARTE APPLICATION TO CONTINUE TRIAL OR, ALTERNATIVELY, FOR ORDER
SHORTENING TIME
2080757.1 - NATC.JNEEL
I, Edward Egan Smith, declare as follows:
1 Iam an attorney duly admitted to practice before the courts of this state and a
partner in the law firm of Steyer Lowenthal Boodrookas Alvarez & Smith LLP, attorneys for
defendant and cross-complainant United States Real Estate Corporation (““USREC’”) in this
action. I know all of the facts set forth herein of my own personal knowledge unless stated
otherwise, and if called as a witness, I could and would competently testify thereto.
2. This action is set for a trial readiness call on August 1, 2024 and set for trial to
commence on August 12, 2024. The August 12, 2024 trial was set by the Court on December 11,
2023 and is the first trial setting in this action. There have been no prior trial continuances
10 requested or granted. At the December 11, 2023 hearing in which the Court set the current trial
11 date, the Court denied plaintiff Jason Neel’s (“Plaintiff”) motion for a preferential trial setting.
12 The Court set the August 12, 2024 trial date after conferring over available dates and calendar
13 conflicts with counsel for Plaintiff, counsel for USREC and defendant and cross-defendant
14 Donald Schwartz (“Schwartz”), who had all appeared at the hearing.
15 3 On November 20, 2023, Plaintiff filed a Doe amendment naming Schwartz, one of
16 his former attorneys, as Doe | under Plaintiffs First Amended Complaint (“FAC”). Schwartz
17 filed an Answer to the FAC on or about November 27, 2023. Thereafter, on January 26, 2024,
18 USREC filed a Roe amendment naming Schwartz as Roe 25 under USREC’s Cross-Complaint.
19 4 USREC and other defendants were scheduled to take Plaintiff's duly noticed
20 deposition on February 14, 2024, and defendant and cross-complainant Schwartz’s duly noticed
21 deposition on February 21, 2024. The dates had been confirmed by counsel and the witnesses.
22 5 On February 13, 2024, in response to USREC’s Cross-Complaint, Schwartz filed
23 an anti-SLAPP Special Motion to Strike pursuant to Code of Civil Procedure section 425.16
24 (“anti-SLAPP Motion”), which was set for hearing on April 22, 2024, at 8:30 a.m., in Department
25 5. Pursuant to section 425.16(g), all discovery proceedings were stayed upon Schwartz’s filing of
26 the anti-SLAPP Motion. As a result, the depositions of Plaintiff and Schwartz did not go forward
27 as noticed, and all discovery in this action has remained stayed pending a ruling after the April
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DECLARATION OF EDWARD EGAN SMITH IN SUPPORT OF UNITED STATES REAL ESTATE
CORPORATION’S EX PARTE APPLICATION TO CONTINUE TRIAL OR, ALTERNATIVELY, FOR ORDER
SHORTENING TIME
2080757.1 - NATC.JNEEL
22, 2024 hearing.
6 USREC attempted to reduce the prejudice from the anti-SLAPP stay through a
written Stipulation with Schwartz to advance the hearing date, but the Court denied the request.
Attached hereto as Exhibit 1 is a true and correct copy of the Court’s denial of the request to
advance hearing. The parties also conferred over possibly re-opening discovery with the anti-
SLAPP Motion pending, but those efforts were unsuccessful. Schwartz required that any
discovery taken would be subject to being re-taken and would not acknowledge that any
discovery taken would be admissible as against him at trial. Attached hereto as Exhibit 2 and
Exhibit 3 are email strings among counsel and Schwartz concerning the discovery stay. As
10 USREC was preparing to file this motion, Plaintiff's counsel Thornton Davidson emailed
11 USREC’s counsel and Schwartz concerning Schwartz’s apparent agreement to take limited
12 depositions for limited purposes, but not to be used against him; however, that does not assist the
13 parties in completing discovery for timely trial preparation.
14 7 On March 18, 2024, I spoke by telephone with Plaintiff's counsel Thornton
15 Davidson and requested that Plaintiff stipulate to a brief trial continuance of up to 90 days; I
16 confirmed that request on March 21, 2024 by email. On March 25, 2024, Mr. Davidson declined
17 to stipulate to a continuance. On March 25, 2024, I emailed Donald Schwartz requesting that he
18 stipulate to a trial continuance. I have received no reply to that email.
19 8 There is good cause to continue the August 12, 2024 trial based on the ant-SLAPP
20 Motion’s stay of discovery. Because this Court will not hear the motion until April 22, 2024,
21 USREC and the other parties in this case will be unable to re-notice deposition dates until well
22 after that date. I anticipate that with the case now at issue, as many as eight to ten depositions
23 remain to be taken, including: Plaintiff Jason Neel; the principals for the two brokers involved in
24 USREC’s loan, CNA Equity and Rushmyfile; the person most knowledgeable at Sax Mortgage,
25 the prior lender to Plaintiff that was refinanced and paid off through the USREC loan; the two
26 attorneys previously representing Plaintiff, Daniel Russo and Donald Schwartz; persons most
27 knowledgeable from the two title companies involved in Plaintiff’s prior loan from Sax
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DECLARATION OF EDWARD EGAN SMITH IN SUPPORT OF UNITED STATES REAL ESTATE
CORPORATION’S EX PARTE APPLICATION TO CONTINUE TRIAL OR, ALTERNATIVELY, FOR ORDER
SHORTENING TIME
2080757.1 - NATC.JNEEL
Mortgage, Fidelity National Title Company and Chicago Title Insurance Company; and person(s)
most knowledgeable for USREC, which Plaintiff's counsel indicates he intends to notice. Other
depositions may be necessitated by discovery learned from these.
9. Further, the parties will be unable to propound additional written discovery until
after April 22, 2024, at the earliest. Responses to any written discovery would not be due for
another month thereafter. Thus, all discovery in this matter will be delayed approximately three
months, to late May 2024, which is less than two months before the discovery cut-off based on
the current trial date. Moreover, the delay will likely mean that the parties are still completing
fact discovery when the expert disclosure and discovery deadlines arrive. Plaintiff's counsel has
10 indicated an intention to disclose three experts, leading to the likelihood of at least six additional
11 depositions for disclosed experts.
12 10. Absent a trial continuance, USREC and other parties will suffer severe prejudice
13 because they will have lost three months of discovery and trial preparation and, in fact, have
14 already been prevented from completing the discovery necessary to prepare and file motions for
15 summary judgment or adjudication, the deadline for which is effectively April 25, 2024 based on
16 the current trial date.
17 ll. I believe that no party will be prejudiced if the Court grants the requested trial
18 continuance given the circumstances. Plaintiffs’ FAC was not at issue until December 8, 2023,
19 when Plaintiff dismissed the last of the un-served defendants named therein, delaying depositions.
20 Nevertheless, USREC has at all times pursued the preparation of its defense with diligence,
21 conducting extensive party and third party written discovery concerning the transactions and the
22 bases of Plaintiff's allegations. USUSREC has served Plaintiff with five (5) sets of written
23 discovery, including two sets of document requests, one set of supplemental document requests
24 and one set each of form and contention special interrogatories, targeted to obtain the factual and
25 evidentiary basis of Plaintiffs claims under the FAC. USREC has served twelve (12) business
26 records subpoenas to date in this action, obtaining records from the lenders, brokers and title
27 companies involved with the subject loan transactions involving Plaintiff's real property at issue
28 4
DECLARATION OF EDWARD EGAN SMITH IN SUPPORT OF UNITED STATES REAL ESTATE
CORPORATION’S EX PARTE APPLICATION TO CONTINUE TRIAL OR, ALTERNATIVELY, FOR ORDER
SHORTENING TIME
2080757.1 - NATC.JNEEL
in this action, records from the two attorneys who represented Plaintiff at the tie of and in
connection with those transactions, Daniel Russo and Donald Schwartz, and records from the
psychiatrist, psychologist and hospital that have evaluated and/or treated Plaintiff over the years.
USREC also subpoenaed records from and took the deposition of the notary who notarized
Plaintiff's signature on the operative POA at issue in this action, Shamara Johnson.
12. I have had numerous conversations with Plaintiff's counsel, Thornton Davidson,
during the course of this action over the last year plus. Until in or about November 2023, counsel
had consistently responded to suggestions for Plaintiff's deposition either by representing that
Plaintiff
was not capable of giving a meaningful deposition or, for the better part of the 2023
10 calendar year, that Plaintiff was incarcerated, in an involuntary hold and/or otherwise out of
11 contact with his counsel.
12 13. The deposition of CNA Equity’s principal was noticed for June 2023, but taken off
13 over defendant’s objection that all named parties had neither appeared in the case nor been served
14 with notice of the deposition. Indeed, despite repeated inquiries concerning the response or
15 default of defendants Superior Loan Servicing (“SLS”), Asset Default Management (“ADM”)
16 and Vigil Real Estate, LLC (“Vigil”), Plaintiffs counsel delayed a full year in resolving those
17 issues. As the docket reflects, Plaintiff
did not dismiss Vigil until November 30, 2023, and only
18 dismissed the last of these defendants on December 8, 2023.
19 14. The initial December 14, 2022 CMC was continued after Plaintiffs counsel failed
20 to appear because the FAC was not at issue. The subsequent June 20, 2023 CMC was likewise
21 continued because the case was not at issue. And, in fact, despite counsel’s announcement at the
22 November 30, 2023 CMC that Plaintiff intended to file a trial preference motion, as of that date
23 the FAC was still not at issue. Plaintiff's actions delayed USREC’s ability to complete necessary
24 discovery until the depositions were noticed for February 2024, and Schwartz’s last-minute anti-
25 SLAPP Motion is now preventing USREC from completing necessary discovery.
26 15. These delays prevented USREC from initiating and completing deposition
27 discovery even prior to the anti-SLAPP Motion, and likewise prevented USREC from bringing a
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DECLARATION OF EDWARD EGAN SMITH IN SUPPORT OF UNITED STATES REAL ESTATE
CORPORATION’S EX PARTE APPLICATION TO CONTINUE TRIAL OR, ALTERNATIVELY, FOR ORDER
SHORTENING TIME
2080757.1 - NATC.JNEEL
motion for summary judgment or adjudication on the causes of action in the FAC, the effective
filing deadline for which is approximately April 25, 2024, three days after the hearing on the
pending anti-SLAPP Motion.
16. On April 2, 2024, prior to 10:00 a.m., I gave notice by email to counsel for all
parties as set forth below (and to the unrepresented Rushmyfile, Inc.) advising that USREC
intended to appear at 1:00 p.m. on April 3, 2024, in Department 10 of the Santa Cruz Superior
Court to seek an ex parte order continuing the August 12, 2024 trial date in this matter for just
under 90 days, to November 4, 2024, or as soon thereafter as available on the Court’s calendar,
with all pre-trial deadlines to be tied to the new continued trial date; or, alternatively, for an order
10 shortening time to hear the request for continuance. The contact information for counsel to whom
11 I gave notice is as follows:
12 Thornton Davidson Pamela D. Simmons
Pamela Simmons William Purdy
13 Thornton Davidson, P.C. LAW OFFICE OF SIMMONS & PURDY
1195 W. Shaw Lane, Suite A 2425 Porter Street, Suite 10
14 Fresno, CA 93711 Soquel, California 95073
Ph: 559-476-5064 Tel: (831) 464-6884
15 Fax: 559-421-0368 Fax: (831) 464-6885
Email: thornton@thorntondavidsonlaw.com E-mail: pamela@pamelaw.com
16 pamela@pamelaw.com E-mail: bill@pamelaw.com
Leticia Sanches
17 Asst: tish@thorntondavidsonlaw.com [Co-counsel
for Plaintiff Jason Neel]
18 [Attorneys for Plaintiff Jason Neel]
19 Jacoby Perez Donald Charles Schwartz
Geraci Law Firm Law Offices of Donald C. Schwartz
20 90 Discovery 7960 Soquel Drive, No. 291
Irvine, CA 92618 Aptos, CA 95003
21 Ph: (949) 379-2600 Ph: (831) 331-9909
Direct: (949) 504-4195 Fax: (815) 301-6556
22 Email: j.perez@geracillp.com Email:
oncierge@geracillp.com donald@lawofficedonaldschwartz.com
23
[Co-counsel for Defendant and Cross- [In Pro Per - Attorney for Cross-
24 Complainant United States Real Estate Defendant Donald Charles Schwartz]
Corporation]
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DECLARATION OF EDWARD EGAN SMITH IN SUPPORT OF UNITED STATES REAL ESTATE
CORPORATION’S EX PARTE APPLICATION TO CONTINUE TRIAL OR, ALTERNATIVELY, FOR ORDER
SHORTENING TIME
2080757.1 - NATC.JNEEL
RUSHMYFILE, INC. Michael T. Beuselinck
380 Beach Road, Suite “B” Michael Beuselinck P.C.
Burlingame, CA 94010 490 43" Street, #37
Email: scenario@rushmyfile.com Oakland, CA 94609
[Counsel withdrawn] Email: mike@lawmtb.com
Ph: (925) 800-3032
[Attorneys for CNA Equity Group, Inc.- in
bankruptcy]
17. Attached hereto as Exhibit 4 is a true and correct copy of my April 2, 2024 email
to all counsel (and the unrepresented Rushmyfile, Inc.) confirming the details of the intended ex
parte application outline above.
I declare under penalty of perjury under the laws of the State of California that the
10
foregoing is true and correct. Executed on April 2, 2024 at San Francisco, California.
Dou
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13 Edward Egan Smith
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DECLARATION OF EDWARD EGAN SMITH IN SUPPORT OF UNITED STATES REAL ESTATE
CORPORATION’S EX PARTE APPLICATION TO CONTINUE TRIAL OR, ALTERNATIVELY, FOR ORDER
SHORTENING TIME
2080757.1 - NATC.JNEEL
EXHIBIT 1
ELECTRONICALLY RECEIVED
2/22/2024 11:39 AM
Jeffrey H. Lowenthal (State Bar No. 111763)
Edward Egan Smith (State Bar No. 169792
Matthew W. Delbridge (State Bar No. 343636)
STEYER LOWENTHAL BOODROOKAS
ALVAREZ & SMITH LLP
235 Pine Street, 15th Floor
San Francisco, California 94104
Telephone: (415) 421-3400
\Facsimile: (415) 421-2234
|E~mail: jlowenthal@steyerlaw.com
esmith@steyerlaw.com
mdelbridge@steyerlaw.com
Jacoby Perez (State Bar No. 315990)
GERACI LAW FIRM
90 Discovery
Irvine, CA 92618
Telephone: (949) 379-2600
10 Direct: (949) 504-4195
Email: j.perez@geracillp.com
11
Attorneys for Defendant and Cross-Complainant
12 United States Real Estate Corporation
13
SUPERIOR COURT OF THE STATE OF CALIFORNIA
14
FOR THE COUNTY OF SANTA CRUZ
15
16 JASON NEEL, Case No. 22CV01758
17
STIPULATION TO ADVANCE HEARING ON
18 Vv. CROSS-DEFENDANT DONALD
SCHWARTZ’S ANTI-SLAPP SPECIAL
19 SUPERIOR LOAN SERVICING, ASSET MOTION TO STRIKE; AND ORDER
DEFAULT MANAGEMENT, INC.,
20 UNITED STATES REAL ESTATE Date: April 22, 2024
CORPORATION and DOES | through Time: 8:30 a.m.
21 100, inclusive, Dept: 5
Judge: Hon. Timothy Volkmann
22
Action Filed: August 10, 2021 [Alameda Superior]
2 Trial Date: August 12, 2024
AND RELATED CROSS-ACTION(S).
24
25
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STIPULATION TO ADVANCE HEARING ON CROSS-DEFENDANT DONALD SCHWARTZ’S ANTI-SLAPP
SPECIAL MOTION TO STRIKE; AND ORDER
2073479,1 - NATC.JNEEL
Defendant and Cross-Complainant United States Real Estate Corporation (“USREC”) and
Defendant and Cross-Defendant Donald Charles Schwartz (“Schwartz”) hereby enter into the
following stipulation.
WHEREAS, on November 20, 2023, Plaintiff Jason Neel filed an Amendment to
Complaint Naming Doe 1, naming Schwartz as defendant Doe | under Plaintiff's First Amended
Complaint, and on November 27, 2023, Schwartz filed an Answer to Plaintiff's First Amended
Complaint;
WHEREAS, on December 11, 2023, the Court scheduled this matter for a trial readiness
conference on August 1, 2024, and trial commencing August 12, 2024;
10
WHEREAS, on January 26, 2024, USREC filed an Amendment to Cross-Complaint to
11
Substitute True Name for ROE 25 - Donald Charles Schwartz (“Roe Amendment’), naming
12
Schwartz as Roe 25 under USREC’s Cross-Complaint and, thereafter, on January 29, 2024,
13
served Schwartz with the Roe Amendment and the Summons on Cross-Complaint;
14
WHEREAS, on February 13, 2024, Schwartz filed a Special Motion to Strike USREC’s
15
Cross-Complaint pursuant to Code of Civil Procedure section 425.16, which motion was set for
16
hearing on April 22, 2024, at 8:30 a.m., in Department 5;
17
WHEREAS, the parties have conferred and, recognizing that Code of Civil Procedure
18
section 425.16(f) provides that a hearing is to be set not more than 30 days after filing of a special
19
motion to strike, have agreed that there is good cause to advance the hearing on Schwartz’s
20
motion;
21
NOW, THEREFORE, reserving all rights, USREC and Schwartz hereby stipulate as
22
follows:
23
1 Schwartz’s Special Motion to Strike currently set for hearing April 22, 2024, shall
24
be advanced to March 25, 2024, at 8:30 a.m., in Department 5, or such date thereafter as available
25
on the Court’s calendar; and
26
//1
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///
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2
STIPULATION TO ADVANCE HEARING ON CROSS-DEFENDANT DONALD SCHWARTZ’S ANTI-SLAPP
SPECIAL MOTION TO STRIKE; AND ORDER
2073479.1 - NATC.JNEEL
‘tf
2 Opposition and reply papers shall be filed and served pursuant to the Code of Civil
Procedure and Rules of Court based on the new hearing date.
Dated: February 21, 2024 STEYER LOWENTHAL BOODROOKAS
ALVAREZ & SMITH LLP
By:
Jeffrey H. Lowenthal
Edward Egan Smith
Matthew W. Delbridge
Attorneys for Defendant and Cross-
Complainant United States Real Estate
10 Corporation
11
12 Dated: February Z{ 2024 LAW OFFIC DONALD C. SCHWARTZ
13 ~
14 B
Donald Charles Schwartz
15 Attorney for Cross-Defendant
Donald Charles Schwartz
16 (sued herein as Donald Schwartz)
17
18 ORDER
19
20 Pursuant to the above Stipulation of the parties, and good cause appearing therefor, IT IS
21 HEREBY ORDERED THAT:
22 1 Schwartz’s Special Motion to Strike currently set for hearing April 22, 2024, shall
23 be advanced to March _ , 2024, at 8:30 a.m., in Department 5; and
24 2 Opposition and reply papers shall be filed and served pursuant to the Code of Civil
25 Procedure and Rules of Court based on the new hearing date.
26
Date:
Judge of the Superior Court
nfortunately, the Court cannot accomodate this request
It will remain, as scheduled. TRV_ 2/28/24
STIPULATION TO ADVANCE HEARING ON CROSS-DEFENDANT DONALD SCHWARTZ’S ANTI-SLAPP
SPECIAL MOTION TO STRIKE; AND ORDER
2073479.1 - NATC.INEEL
PROOF OF ESERVICE BY EMAIL
I am employed in the county of Santa Cruz, State of California. I am over the age of 18
years and not a party to the within action; my business address is 7960-B Soquel Drive, No.
291, Aptos, CA 95003.
On February 22, 2024 I served the attached:
STIPULATION/ORDER
on the parties to said matter by causing a true copy of said document(s) to be
transmitted by electronic mail to the electronic mail addresses of the parties/persons/firms
10 listed below:
11
Thornton Davidson — thornton@ thorntondavidsonlaw.com
12
Edward Egan Smith — esmith@ steyerlaw.com
13
14 I declare under the penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
15
16 Executed in Aptos, California, on February 22, 2024.
17 /s/ Samuel I. Schwartz
aoe
18 Samuel I. Schwartz
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EXHIBIT 2
From: Thornton Davidson
To: Donald Schwartz
Ce: Edward Egan Smith; Matthew W. Delbridge
Subject: RE: Neel Matter
Date: Thursday, March 14, 2024 1:18:28 PM
OK, Don. Whatever you want. We’ll wait until after you motion.
Thornton Davidson, P.C.
THORNTON DAVIDSON, P.C.
1195 W. Shaw Ave., Ste. A
Fresno, California 93711
(559) 476-5064 (Asst. Tish)
(559) 476-5066 (Dir.)
Thornton Davidson, Esq.
c/o Sterling Pacific Lending
1205 Freedom Blvd.
Watsonville, California 95076
(831) 786-1980 (Recpt.)
(831) 536-7468 (Dir.)
DIRECT ALL MAIL TO FRESNO ADDRESS
From: Donald Schwartz
Sent: Thursday, March 14, 2024 12:30 PM
To: Thornton Davidson
Cc: Edward Egan Smith ; Matthew W. Delbridge
Subject: Re: Neel Matter
Right now | am not seeing how Jason's deposition can go forward without prejudicing
the
pending special motion to strike.
Why the big hurry?
Donald Charles Schwartz, MBA, JD
Law Office of Donald C. Schwartz
7960-B Soquel Drive, No. 291
Aptos, CA 95003
831-331-9909/Fax: 815-301-6556
donald@lawofficedonaldschwartz.com
Confidentiality, Limitation Of Use, And No Binding Effect
The preceding message contents and any attachments (collectively "Contents") are: (i) solely for the benefit
of the person(s) or entity(ies) addressed (collectively "Recipient") and may not be relied upon by any other
person(s) or entity(ies) ("Others") for any purpose without specific written permission of Donald Charles
Schwartz, Esq. and the Law Offices of Donald C. Schwartz; (ii) confidential, private and contain non-
disclosable information for the exclusive use of the Recipient (iii) protected by the Electronic
Communications Act (18 U.S.C.§2510-2521) and or the Health Insurance Portability & Accountability Act of
1996 (42 USC 201) & its privacy rules and may also be legally privileged (including attorney-client or attorney
work-product privilege), confidential, proprietary or otherwise protected by law and all downloading,
photocopying, distributing or otherwise using the Contents by Others in any way is prohibited; (iv) sent for
informational purposes only and unless expressly stated not intended to be an electronic signature for
purposes of binding any client of or Donald Charles Schwartz, Esq. and the Law Offices of Donald C.
Schwartz to any contract or agreement under the California Uniform Electronic Transaction Act (CA Civil
Code §1633.1-1633.17) and all other similar states & federal laws; (iv) not intended or written and may not be
used for the purpose of avoiding federal taxes or penalties nor used to promote, market or recommend any
transaction or matter addressed in the Contents (See IRS Circular 230); (v) Recipient should not save or file
electronic or paper copies of the Contents with publicly accessible records, and (vi) subject to continued
application of the foregoing to any subsequent retransmission, publication or disclosure.
On Thu, Mar 14, 2024 at 12:27 PM Thornton Davidson
wrote:
That works for me. Ed, when do you want to take Jason’s deposition. My understanding is
that Don will participate without prejudice to his claim that he should not be involved in the
lawsuit. So no one can make a waiver/estoppel argument if he participates.
Don, do I have that right?
Thornton Davidson, P.C.
THORNTON DAVIDSON, P.C.
1195 W. Shaw Ave., Ste. A
Fresno, California 93711
(559) 476-5064 (Asst. Tish)
(559) 476-5066 (Dir.)
Thornton Davidson, Esq.
c/o Sterling Pacific Lending
1205 Freedom Blvd.
Watsonville, California 95076
(831) 786-1980 (Recpt.)
(831) 536-7468 (Dir.)
DIRECT ALL MAIL TO FRESNO ADDRESS
From: Donald Schwartz
Sent: Thursday, March 14, 2024 12:16 PM
To: Thornton Davidson
Ce: Edward Egan Smith ; Matthew W. Delbridge
Subject: Re: Neel Matter
Fellas,
My understanding is that only Jason Neel's deposition is on the table for this ‘meet and
confer’ discussion.
Donald Charles Schwartz, MBA, JD
Law Office of Donald C. Schwartz
7960-B Soquel Drive, No. 291
Aptos, CA 95003
831-331-9909/Fax: 815-301-6556
donald@lawofficedonaldschwartz.com
Confidentiality, Limitation Of Use, And No Binding Effect
The preceding message contents and any attachments (collectively "Contents") are: (i) solely for the
benefit of the person(s) or entity(ies) addressed (collectively "Recipient") and may not be relied upon by
any other person(s) or entity(ies) ("Others") for any purpose without specific written permission of Donald
Charles Schwartz, Esq. and the Law Offices of Donald C. Schwartz; (ii) confidential, private and contain
non-disclosable information for the exclusive use of the Recipient (iii) protected by the Electronic
Communications Act (18 U.S.C.82510-2521) and or the Health Insurance Portability & Accountability Act
of 1996 (42 USC 201) & its privacy rules and may also be legally privileged (including attorney-client or
attorney work-product privilege), confidential, proprietary or otherwise protected by law and all
downloading, photocopying, distributing or otherwise using the Contents by Others in any way is
prohibited; (iv) sent for informational purposes only and unless expressly stated not intended to be an
electronic signature for purposes of binding any client of or Donald Charles Schwartz, Esq. and the Law
Offices of Donald C. Schwartz to any contract or agreement under the California Uniform Electronic
Transaction Act (CA Civil Code §1633.1-1633.17) and all other similar states & federal laws; (iv) not
intended or written and may not be used for the purpose of avoiding federal taxes or penalties nor used to
promote, market or recommend any transaction or matter addressed in the Contents (See IRS Circular
230); (v) Recipient should not save or file electronic or paper copies of the Contents with publicly
accessible records, and (vi) subject to continued application of the foregoing to any subsequent
retransmission, publication or disclosure.
On Thu, Mar 14, 2024 at 10:28 AM Thornton Davidson
wrote:
Ed:
Please call me in Watsonville at your convenience.
Thornton Davidson, P.C.
THORNTON DAVIDSON, P.C.
1195 W. Shaw Ave., Ste. A
Fresno, California 93711
(559) 476-5064 (Asst. Tish)
(559) 476-5066 (Dir.)
Thornton Davidson, Esq.
c/o Sterling Pacific Lending
1205 Freedom Blvd.
Watsonville, California 95076
(831) 786-1980 (Recpt.)
(831) 536-7468 (Dir.)
DIRECT ALL MAIL TO FRESNO ADDRESS
From: Edward Egan Smith
Sent: Thursday, March 7, 2024 10:51 AM
To: Thornton Davidson ; Donald Schwartz
Cc: Matthew W. Delbridge
Subject: RE: Neel Matter
Thornton/Don:
What about all other discovery, including Don’s deposition as previously noticed? And is Don
agreeing that the depositions of plaintiff and my client (and him) and any other discovery
completed in the meantime will be admissible as against Don for all purposes in the case?
Edward
Edward Egan Smith
Steyer Lowenthal Boodrookas
Alvarez & Smith LLP
235 Pine Street, 15" Floor
San Francisco, California 94104
Tel 415 421 3400
Fax 415 421 2234
Cell 415 640 7219
www.steyerlaw.com
NOTICE: This email message is for the sole use of the intended recipient(s) and may
contain information that is confidential and protected from disclosure by the attorney-
client privilege, as attorney work product, or by other applicable privileges. Any
unauthorized review, use, disclosure or distribution is prohibited. If you are not the
intended recipient, please contact the sender by reply email, delete the original email,
and destroy all copies of the original message.
From: Thornton Davidson
Sent: Wednesday, March 6, 2024 11:42 AM
To: Donald Schwartz
Cc: Edward Egan Smith
Subject: RE: Neel Matter
Ed:
I spoke with Don yesterday about the Court’s rejection of moving this Motion. Don and I
have agreed that we can proceed with Jason’s deposition wherein Don will be an observer
but not a participant subject to his right to recall Jason to a deposition if his motion fails.
He would also allow me to proceed with the PMK for USRECorp.
Please advise.
Thornton Davidson, P.C.
THORNTON DAVIDSON, P.C.
1195 W. Shaw Ave., Ste. A
Fresno, California 93711
(559) 476-5064 (Asst. Tish)
(559) 476-5066 (Dir.)
Thornton Davidson, Esq.
c/o Sterling Pacific Lending
1205 Freedom Blvd.
Watsonville, California 95076
(831) 786-1980 (Recpt.)
(831) 536-7468 (Dir.)
DIRECT ALL MAIL TO FRESNO ADDRESS
From: Donald Schwartz
Sent: Tuesday, March 5, 2024 8:47 AM
To: Thornton Davidson
Cc: Edward Smith
Subject: Re: Neel Matter
Stipulation was denied: "Court cannot accommodate request"
Donald Charles Schwartz, MBA, JD
Law Office of Donald C. Schwartz
7960-B Soquel Drive, No. 291
Aptos, CA 95003
831-331 -9909/Fax: 815-301-6556
donald@lawofficedonaldschwartz.com
Confidentiality, Limitation Of Use, And No Binding Effect
The preceding message contents and any attachments (collectively "Contents") are: (i) solely for the
benefit of the person(s) or entity(ies) addressed (collectively "Recipient") and may not be relied upon by
any other person(s) or entity(ies) ("Others") for any purpose without specific written permission of
Donald Charles Schwartz, Esq. and the Law Offices of Donald C. Schwartz; (ii) confidential, private and
contain non-disclosable information for the exclusive use of the Recipient (iii) protected by the
Electronic Communications Act (18 U.S.C.82510-2521) and or the Health Insurance Portability &
Accountability Act of 1996 (42 USC 201) & its privacy rules and may also be legally privileged (including
attorney-client or attorney work-product privilege), confidential, proprietary or otherwise protected by
law and all downloading, photocopying, distributing or otherwise using the Contents by Others in any
way is prohibited; (iv) sent for informational purposes only and unless expressly stated not intended to
be an electronic signature for purposes of binding any client of or Donald Charles Schwartz, Esq. and
the Law Offices of Donald C. Schwartz to any contract or agreement under the California Uniform
Electronic Transaction Act (CA Civil Code §1633.1-1633.17) and all other similar states & federal laws;
(iv) not intended or written and may not be used for the purpose of avoiding federal taxes or penalties
nor used to promote, market or recommend any transaction or matter addressed in the Contents (See
IRS Circular 230); (v) Recipient should not save or file electronic or paper copies of the Contents with
publicly accessible records, and (vi) subject to continued application of the foregoing to any
subsequent retransmission, publication or disclosure.
On Mon, Mar 4, 2024 at 10:19 PM Thornton Davidson
wrote:
They'll get to it; everything's backed up I'm told.
Thornton Davidson, P.C.
THORNTON DAVIDSON, P.C.
1195 W. Shaw Ave., Ste. A
Fresno, California 93711
(559) 476-5064 (Asst. Tish)
(559) 476-5066 (Dir.)
Thornton Davidson, Esq.
c/o Sterling Pacific Lending
1205 Freedom Blvd.
Watsonville, California 95076
(831) 786-1980 (Recpt.)
(831) 536-7468 (Dir.)
DIRECT ALL MAIL TO FRESNO ADDRESS
aan Original Message. n=
From: Donald Schwartz
Sent: Monday, March 4, 2024 10:16 PM
To: Edward Smith
Cc: Thornton Davidson
Subject: Neel Matter
Fellas,
The Court doesn’t seem to want to consider the stipulation. It’s just sitting there.
Donald Charles Schwartz, M.B.A., J.D.
Law Office of Donald C. Schwartz
7960-B Soquel Drive, No. 291
Aptos, CA 95003
donald@lawofficedonaldschwartz.com
(831) 331-9909/Fax: (815) 301-6556
Sent from iPhone
EXHIBIT 3
From: Donald Schwartz
To: Thornton Davidson
Ce: Edward Egan Smith; Matthew W. Delbridge
Subject: Re: Neel Matter
Date: Friday, March 8, 2024 12:41:07 PM
Attachments: ~WRDO0002. ipa
Any deposition would be subject to recall, if I am still in the case.
Donald Charles Schwartz, MBA, JD
Law Office of Donald C. Schwartz
7960-B Soquel Drive, No. 291
Aptos, CA 95003
831-331-9909/Fax: 815-301-6556
donald@lawofficedonaldschwartz.com
Confidentiality, Limitation Of Use, And No Binding Effect
The preceding message contents and any attachments (collectively "Contents") are: (i) solely for the benefit of the person(s)
or entity(ies) addressed (collectively "Recipient") and may not be relied upon by any other person(s) or entity(ies) ("Others")
for any purpose without specific written permission of Donald Charles Schwartz, Esq. and the Law Offices of Donald C.
Schwartz; (ii) confidential, private and contain non-disclosable information for the exclusive use of the Recipient (iii)
protected by the Electronic Communications Act (18 U.S.C.§2510-2521) and or the Health Insurance Portability &
Accountability Act of 1996 (42 USC 201) & its privacy rules and may also be legally privileged (including attorney-client or
attorney work-product privilege), confidential, proprietary or otherwise protected by law and all downloading, photocopying,
distributing or otherwise using the Contents by Others in any way is prohibited; (iv) sent for informational purposes only and
unless expressly stated not intended to be an electronic signature for purposes of binding any client ofor Donald Charles
Schwartz, Esq. and the Law Offices of Donald C. Schwartz to any contract or agreement under the California Uniform
Electronic Transaction Act (CA Civil Code §1633.1-1633.17) and all other similar states & federal laws; (iv) not intended or
written and may not be used for the purpose of avoiding federal taxes or penalties nor used to promote, market or recommend
any transaction or matter addressed in the Contents (See IRS Circular 230); (v) Recipient should not save or file electronic or
paper copies of the Contents with publicly accessible records, and (vi) subject to continued application of the foregoing to
any subsequent retransmission, publication or disclosure.
On Fri, Mar 8, 2024 at 11:55 AM Thornton Davidson
wrote:
Let’s strike a balance here since Don has the ability — at least until his motion is heard — to
tank any discovery. I cannot imagine he will permit his own deposition prior to the motion
hearing. I’m just talking about Jason’s deposition which Don wants to attend as an observer
but retake if he’s not dismissed from the case. Frankly, I’d rather Don ask questions at
Jason’s deposition along with a stipulation that his participation cannot be used by any party
to argue that he’s waived any of the arguments asserted in his motion. That would be a lot
cleaner. Plus, I want to take the deposition of USREC’s PMK, whom you, Ed, have yet to
identify. Don has indicated he’s not opposed to that.
Gentlemen, we have a trial on August 8, 2024. There’s still some serious work to do to
prepare this case for trial, including the designation of experts. The proposal to allow some
limited discovery prior to Don’s motion makes good sense. Please confirm your agreement
to permit Jason’s and the PMK’s depositions to go forward.
Best. 5
Thornton Davidson, P.C.
THORNTON DAVIDSON, P.C.
1195 W. Shaw Ave., Ste. A
Fresno, California 93711
(559) 476-5064 (Asst. Tish)
(559) 476-5066 (Dir.)
Thornton Davidson, Esq.
c/o Sterling Pacific Lending
1205 Freedom Blvd.
Watsonville, California 95076
(831) 786-1980 (Recpt.)
(831) 536-7468 (Dir.)
DIRECT ALL MAIL TO FRESNO ADDRESS
From: Edward Egan Smith
Sent: Thursday, March 7, 2024 10:51 AM
To: Thornton Davidson ; Donald Schwartz
Cc: Matthew W. Delbridge
Subject: RE: Neel Matter
Thornton/Don:
What about all other discovery, including Don’s deposition as previously noticed? And is Don
agreeing that the depositions of plaintiff and my client (and him) and any other discovery
completed in the meantime will be admissible as against Don for all purposes in the case?
Edward
Edward Egan Smith
Steyer Lowenthal Boodrookas
Alvarez & Smith LLP
235 Pine Street, 15" Floor
San Francisco, California 94104
Tel 415 421 3400
Fax 415 421 2234
Cell 415 640 7219
www.steyerlaw.com
NOTICE: This email message is for the sole use of the intended recipient(s) and may
contain information that is confidential and protected from disclosure by the attorney-
client privilege, as attorney work product, or by other applicable privileges. Any
unauthorized review, use, disclosure or distribution is prohibited. If you are not the
intended recipient, please contact the sender by reply email, delete the original email, and
destroy all copies of the original message.
From: Thornton Davidson
Sent: Wednesday, March 6, 2024 11:42 AM
To: Donald Schwartz
Cc: Edward Egan Smith
Subject: RE: Neel Matter
Ed
I spoke with Don yesterday about the Court’s rejection of moving this Motion. Don and I
have agreed that we can proceed with Jason’s deposition wherein Don will be an observer
but not a participant subject to his right to recall Jason to a deposition if his motion fails. He
would also allow me to proceed with the PMK for USRECorp.
Please advise.
Thornton Davidson, P.C.
THORNTON DAVIDSON, P.C.
1195 W. Shaw Ave., Ste. A
Fresno, California 93711
(559) 476-5064 (Asst. Tish)
(559) 476-5066 (Dir.)
Thornton Davidson, Esq.
c/o Sterling Pacific Lending
1205 Freedom Blvd.
Watsonville, California 95076
(831) 786-1980 (Recpt.)
(831) 536-7468 (Dir.)
DIRECT ALL MAIL TO FRESNO ADDRESS
From: Donald Schwartz
Sent: Tuesday, March 5, 2024 8:47 AM
To: Thornton Davidson
Cc: Edward Smith
Subject: Re: Neel Matter
Stipulation was denied: "Court cannot accommodate request"
Donald Charles Schwartz, MBA, JD
Law Office of Donald C. Schwartz
7960-B Soquel Drive, No. 291
Aptos, CA 95003
831-331-9909/Fax: 815-301-6556
donald@lawofficedonaldschwartz.com
Confidentiality, Limitation Of Use, And No Binding Effect
The preceding m ge contents and any attachments (collectively "Contents") are: (i) solely for the benefit ofthe
person(s) or entity(ies) addressed (collectively "Recipient") and may not be relied upon by any other person(s) or
entity(ies) ("Others") for any purpose without specific written perm n of Donald Charles Schwartz, Esq. and
the Law Offices of Donald C. Schwartz; (ii) confidential, private and contain non-disclosable information for the
exclusive use of the Recipient (iii) protected by the Electronic Communications Act (18 U.S.C.§2510-2521) and
or the Health Insurance Portability & Accountability Act of 1996 (42 USC 201) & its privacy rules and may also
be legally privileged (including attorney-client or attorney work-product privilege), confidential, proprietary or
otherwise protected by law and all downloading, photocopying, distributing or otherwise using the Contents by
Others in any way is prohibited; (iv) sent for informational purposes only and unless expressly stated not intended
to be an electronii ignature for purpo s of binding any client of or Donald Charl Schwartz, E: and the Law
Offices of Donald C. Schwartz to any contract or agreement under the California Uniform Electronic Trat tion
Act (CA Civil Code §1633.1-1633.17) and all other similar states & federal laws; (iv) not intended or written and
may not be used for the purpose of avoiding federal taxes or penalti s nor used to promote, market or recommend
any trans: on or matter addri d in the Contents (See IRS Circular 230); (v) Recipient should not save or file
electronic or paper copies of the Contents with publicly a sible re cords, and (vi) subject to continued
application of the foregoing to any subsequent retransm ion, publication or disclosure.
On Mon, Mar 4, 2024 at 10:19 PM Thornton Davidson
wrote:
They'll get to it; everything's backed up I'm told.
Thornton Davidson, P.C.
THORNTON DAVIDSON, P.C.
1195 W. Shaw Ave., Ste. A
Fresno, California 93711
(559) 476-5064 (Asst. Tish)
(559) 476-5066 (Dir.)
Thornton Davidson, Esq.
c/o Sterling Pacific Lending
1205 Freedom Blvd.
Watsonville, California 95076
(831) 786-1980 (Recpt.)
(831) 536-7468 (Dir.)
DIRECT ALL MAIL TO FRESNO ADDRESS
aoee- Original Message: ane
From: Donald Schwartz
Sent: Monday, March 4, 2024 10:16 PM
To: Edward Smith
Cc: Thornton Davidson
Subject: Neel Matter
Fellas,
The Court doesn’t seem to want to consider the stipulation. It’s just sitting there.
Donald Charles Schwartz, M.B.A., J.D.
Law Office of Donald C. Schwartz
7960-B Soquel Drive, No. 291
Aptos, CA 95003
donald@lawofficedonaldschwartz.com
(831) 331-9909/Fax: (815) 301-6556
Sent from iPhone
EXHIBIT 4
From: Edward Egan Smith
To: thornton@thorntondavidsonlaw.com; pamela@pamelaw.com; William Purdy (bill@pamelaw.com’
.perez@aeracillp.com; concierae@aeracillp.com; donald @lawofficedonaldschwartz.com; Michael Beuselinck;
scenario@rushmyfile.com; Matthew W. Delbridge
Subject: Jason Neel v. SLS, et al., Santa Cruz Superior Case No. 22CV01758
Date: Tuesday, April 2, 2024 9:44:48 AM
Counsel and Party:
|am writing to provide you with notice that on behalf of United States Real Estate Corporation
(USREC), we will be appearing on April 3, 2024, at 1:00 pm, in Department 10 of the Santa Cruz
Superior Court, located at 701 Ocean Street, Santa Cruz, CA 95060, to make an ex parte application
for an order continuing the August 12, 2024 trial (and August 1, 2024 readiness conference) in the
above-referenced matter for just under 90 days, to November 4, 2024 or the next date thereafter
convenient to the Court. The grounds of the motion as more fully stated in the moving papers are
the prejudice and delay to USREC’s completion of discovery and preparation for trial resulting from
the discovery stay imposed by defendant/cross-defendant Donald Schwartz's anti-SLAPP motion to
strike. Alternatively, we will ask for an order shortening time for hearing on the motion to continue
the trial.
Please advise if you intend to oppose the application and/or appear at the hearing.
Pursuant to Local Rules, we will serve copies of our ex parte moving papers by email no later than
3:00 p.m. today.
Thank you.
Edward
Edward Egan Smith
Steyer Lowenthal Boodrookas
Alvarez & Smith LLP
235 Pine Street, 15" Floor
San Francisco, California 94104
Tel 415 421 3400
Fax 415 421 2234
Cell 415 640 7219
www.steyerlaw.com
NOTICE: This email message is for the sole use of the intended recipient(s) and may
contain information that is confidential and protected from disclosure by the attorney-client
privilege, as attorney work product, or by other applicable privileges. Any unauthorized
review, use, disclosure or distribution is prohibited. If you are not the intended recipient,
please contact the sender by reply email, delete the original email, and destroy all copies of
the original message.
Preview
Jeffrey H. Lowenthal (State Bar No. 111763) Edward Egan Smith (State Bar No. 169792) Matthew W. Delbridge (State Bar No. 343636) STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP 235 Pine Street, 15th Floor San Francisco, California 94104 Telephone: (415) 421-3400 Facsimile: (415) 421-2234 E-mail: jlowenthal@steyerlaw.com esmith@steyerlaw.com mdelbridge@steyerlaw.com Attorneys for Defendant and Cross-Complainant United States Real Estate Corporation Jacoby Perez (State Bar No. 315990) 10 GERACI LAW FIRM 90 Discovery 11 Irvine, CA 92618 Telephone: (949) 379-2600 12 Direct: (949) 504-4195 Email: j-perez@geracillp.com 13 Co-counsel for Defendant and Cross-Complainant 14 United States Real Estate Corporation 15 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA 17 FOR THE COUNTY OF SANTA CRUZ 18 19 JASON NEEL, Case No. 22CV01758 20 Plaintiff, DECLARATION OF EDWARD EGAN SMITH 21 Vv. IN SUPPORT OF UNITED STATES REAL ESTATE CORPORATION’S EX PARTE 22 SUPERIOR LOAN SERVICING, ASSET APPLICATION TO CONTINUE TRIAL OR, DEFAULT MANAGEMENT, INC., ALTERNATIVEYL, FOR ORDER 23 UNITED STATES REAL ESTATE SHORTENING TIME CORPORATION and DOES | through 24 100, inclusive, Date: April 3, 2024 Time: 1:00 p.m. 25 Defendants. Dept: 10 26 AND RELATED CROSS-ACTION(S). Action Filed: August 10, 2021 [Alameda Superior] 27 Trial Date: August 12, 2024 28 DECLARATION OF EDWARD EGAN SMITH IN SUPPORT OF UNITED STATES REAL ESTATE CORPORATION’S EX PARTE APPLICATION TO CONTINUE TRIAL OR, ALTERNATIVELY, FOR ORDER SHORTENING TIME 2080757.1 - NATC.JNEEL I, Edward Egan Smith, declare as follows: 1 Iam an attorney duly admitted to practice before the courts of this state and a partner in the law firm of Steyer Lowenthal Boodrookas Alvarez & Smith LLP, attorneys for defendant and cross-complainant United States Real Estate Corporation (““USREC’”) in this action. I know all of the facts set forth herein of my own personal knowledge unless stated otherwise, and if called as a witness, I could and would competently testify thereto. 2. This action is set for a trial readiness call on August 1, 2024 and set for trial to commence on August 12, 2024. The August 12, 2024 trial was set by the Court on December 11, 2023 and is the first trial setting in this action. There have been no prior trial continuances 10 requested or granted. At the December 11, 2023 hearing in which the Court set the current trial 11 date, the Court denied plaintiff Jason Neel’s (“Plaintiff”) motion for a preferential trial setting. 12 The Court set the August 12, 2024 trial date after conferring over available dates and calendar 13 conflicts with counsel for Plaintiff, counsel for USREC and defendant and cross-defendant 14 Donald Schwartz (“Schwartz”), who had all appeared at the hearing. 15 3 On November 20, 2023, Plaintiff filed a Doe amendment naming Schwartz, one of 16 his former attorneys, as Doe | under Plaintiffs First Amended Complaint (“FAC”). Schwartz 17 filed an Answer to the FAC on or about November 27, 2023. Thereafter, on January 26, 2024, 18 USREC filed a Roe amendment naming Schwartz as Roe 25 under USREC’s Cross-Complaint. 19 4 USREC and other defendants were scheduled to take Plaintiff's duly noticed 20 deposition on February 14, 2024, and defendant and cross-complainant Schwartz’s duly noticed 21 deposition on February 21, 2024. The dates had been confirmed by counsel and the witnesses. 22 5 On February 13, 2024, in response to USREC’s Cross-Complaint, Schwartz filed 23 an anti-SLAPP Special Motion to Strike pursuant to Code of Civil Procedure section 425.16 24 (“anti-SLAPP Motion”), which was set for hearing on April 22, 2024, at 8:30 a.m., in Department 25 5. Pursuant to section 425.16(g), all discovery proceedings were stayed upon Schwartz’s filing of 26 the anti-SLAPP Motion. As a result, the depositions of Plaintiff and Schwartz did not go forward 27 as noticed, and all discovery in this action has remained stayed pending a ruling after the April 28 2 DECLARATION OF EDWARD EGAN SMITH IN SUPPORT OF UNITED STATES REAL ESTATE CORPORATION’S EX PARTE APPLICATION TO CONTINUE TRIAL OR, ALTERNATIVELY, FOR ORDER SHORTENING TIME 2080757.1 - NATC.JNEEL 22, 2024 hearing. 6 USREC attempted to reduce the prejudice from the anti-SLAPP stay through a written Stipulation with Schwartz to advance the hearing date, but the Court denied the request. Attached hereto as Exhibit 1 is a true and correct copy of the Court’s denial of the request to advance hearing. The parties also conferred over possibly re-opening discovery with the anti- SLAPP Motion pending, but those efforts were unsuccessful. Schwartz required that any discovery taken would be subject to being re-taken and would not acknowledge that any discovery taken would be admissible as against him at trial. Attached hereto as Exhibit 2 and Exhibit 3 are email strings among counsel and Schwartz concerning the discovery stay. As 10 USREC was preparing to file this motion, Plaintiff's counsel Thornton Davidson emailed 11 USREC’s counsel and Schwartz concerning Schwartz’s apparent agreement to take limited 12 depositions for limited purposes, but not to be used against him; however, that does not assist the 13 parties in completing discovery for timely trial preparation. 14 7 On March 18, 2024, I spoke by telephone with Plaintiff's counsel Thornton 15 Davidson and requested that Plaintiff stipulate to a brief trial continuance of up to 90 days; I 16 confirmed that request on March 21, 2024 by email. On March 25, 2024, Mr. Davidson declined 17 to stipulate to a continuance. On March 25, 2024, I emailed Donald Schwartz requesting that he 18 stipulate to a trial continuance. I have received no reply to that email. 19 8 There is good cause to continue the August 12, 2024 trial based on the ant-SLAPP 20 Motion’s stay of discovery. Because this Court will not hear the motion until April 22, 2024, 21 USREC and the other parties in this case will be unable to re-notice deposition dates until well 22 after that date. I anticipate that with the case now at issue, as many as eight to ten depositions 23 remain to be taken, including: Plaintiff Jason Neel; the principals for the two brokers involved in 24 USREC’s loan, CNA Equity and Rushmyfile; the person most knowledgeable at Sax Mortgage, 25 the prior lender to Plaintiff that was refinanced and paid off through the USREC loan; the two 26 attorneys previously representing Plaintiff, Daniel Russo and Donald Schwartz; persons most 27 knowledgeable from the two title companies involved in Plaintiff’s prior loan from Sax 28 3 DECLARATION OF EDWARD EGAN SMITH IN SUPPORT OF UNITED STATES REAL ESTATE CORPORATION’S EX PARTE APPLICATION TO CONTINUE TRIAL OR, ALTERNATIVELY, FOR ORDER SHORTENING TIME 2080757.1 - NATC.JNEEL Mortgage, Fidelity National Title Company and Chicago Title Insurance Company; and person(s) most knowledgeable for USREC, which Plaintiff's counsel indicates he intends to notice. Other depositions may be necessitated by discovery learned from these. 9. Further, the parties will be unable to propound additional written discovery until after April 22, 2024, at the earliest. Responses to any written discovery would not be due for another month thereafter. Thus, all discovery in this matter will be delayed approximately three months, to late May 2024, which is less than two months before the discovery cut-off based on the current trial date. Moreover, the delay will likely mean that the parties are still completing fact discovery when the expert disclosure and discovery deadlines arrive. Plaintiff's counsel has 10 indicated an intention to disclose three experts, leading to the likelihood of at least six additional 11 depositions for disclosed experts. 12 10. Absent a trial continuance, USREC and other parties will suffer severe prejudice 13 because they will have lost three months of discovery and trial preparation and, in fact, have 14 already been prevented from completing the discovery necessary to prepare and file motions for 15 summary judgment or adjudication, the deadline for which is effectively April 25, 2024 based on 16 the current trial date. 17 ll. I believe that no party will be prejudiced if the Court grants the requested trial 18 continuance given the circumstances. Plaintiffs’ FAC was not at issue until December 8, 2023, 19 when Plaintiff dismissed the last of the un-served defendants named therein, delaying depositions. 20 Nevertheless, USREC has at all times pursued the preparation of its defense with diligence, 21 conducting extensive party and third party written discovery concerning the transactions and the 22 bases of Plaintiff's allegations. USUSREC has served Plaintiff with five (5) sets of written 23 discovery, including two sets of document requests, one set of supplemental document requests 24 and one set each of form and contention special interrogatories, targeted to obtain the factual and 25 evidentiary basis of Plaintiffs claims under the FAC. USREC has served twelve (12) business 26 records subpoenas to date in this action, obtaining records from the lenders, brokers and title 27 companies involved with the subject loan transactions involving Plaintiff's real property at issue 28 4 DECLARATION OF EDWARD EGAN SMITH IN SUPPORT OF UNITED STATES REAL ESTATE CORPORATION’S EX PARTE APPLICATION TO CONTINUE TRIAL OR, ALTERNATIVELY, FOR ORDER SHORTENING TIME 2080757.1 - NATC.JNEEL in this action, records from the two attorneys who represented Plaintiff at the tie of and in connection with those transactions, Daniel Russo and Donald Schwartz, and records from the psychiatrist, psychologist and hospital that have evaluated and/or treated Plaintiff over the years. USREC also subpoenaed records from and took the deposition of the notary who notarized Plaintiff's signature on the operative POA at issue in this action, Shamara Johnson. 12. I have had numerous conversations with Plaintiff's counsel, Thornton Davidson, during the course of this action over the last year plus. Until in or about November 2023, counsel had consistently responded to suggestions for Plaintiff's deposition either by representing that Plaintiff was not capable of giving a meaningful deposition or, for the better part of the 2023 10 calendar year, that Plaintiff was incarcerated, in an involuntary hold and/or otherwise out of 11 contact with his counsel. 12 13. The deposition of CNA Equity’s principal was noticed for June 2023, but taken off 13 over defendant’s objection that all named parties had neither appeared in the case nor been served 14 with notice of the deposition. Indeed, despite repeated inquiries concerning the response or 15 default of defendants Superior Loan Servicing (“SLS”), Asset Default Management (“ADM”) 16 and Vigil Real Estate, LLC (“Vigil”), Plaintiffs counsel delayed a full year in resolving those 17 issues. As the docket reflects, Plaintiff did not dismiss Vigil until November 30, 2023, and only 18 dismissed the last of these defendants on December 8, 2023. 19 14. The initial December 14, 2022 CMC was continued after Plaintiffs counsel failed 20 to appear because the FAC was not at issue. The subsequent June 20, 2023 CMC was likewise 21 continued because the case was not at issue. And, in fact, despite counsel’s announcement at the 22 November 30, 2023 CMC that Plaintiff intended to file a trial preference motion, as of that date 23 the FAC was still not at issue. Plaintiff's actions delayed USREC’s ability to complete necessary 24 discovery until the depositions were noticed for February 2024, and Schwartz’s last-minute anti- 25 SLAPP Motion is now preventing USREC from completing necessary discovery. 26 15. These delays prevented USREC from initiating and completing deposition 27 discovery even prior to the anti-SLAPP Motion, and likewise prevented USREC from bringing a 28 5 DECLARATION OF EDWARD EGAN SMITH IN SUPPORT OF UNITED STATES REAL ESTATE CORPORATION’S EX PARTE APPLICATION TO CONTINUE TRIAL OR, ALTERNATIVELY, FOR ORDER SHORTENING TIME 2080757.1 - NATC.JNEEL motion for summary judgment or adjudication on the causes of action in the FAC, the effective filing deadline for which is approximately April 25, 2024, three days after the hearing on the pending anti-SLAPP Motion. 16. On April 2, 2024, prior to 10:00 a.m., I gave notice by email to counsel for all parties as set forth below (and to the unrepresented Rushmyfile, Inc.) advising that USREC intended to appear at 1:00 p.m. on April 3, 2024, in Department 10 of the Santa Cruz Superior Court to seek an ex parte order continuing the August 12, 2024 trial date in this matter for just under 90 days, to November 4, 2024, or as soon thereafter as available on the Court’s calendar, with all pre-trial deadlines to be tied to the new continued trial date; or, alternatively, for an order 10 shortening time to hear the request for continuance. The contact information for counsel to whom 11 I gave notice is as follows: 12 Thornton Davidson Pamela D. Simmons Pamela Simmons William Purdy 13 Thornton Davidson, P.C. LAW OFFICE OF SIMMONS & PURDY 1195 W. Shaw Lane, Suite A 2425 Porter Street, Suite 10 14 Fresno, CA 93711 Soquel, California 95073 Ph: 559-476-5064 Tel: (831) 464-6884 15 Fax: 559-421-0368 Fax: (831) 464-6885 Email: thornton@thorntondavidsonlaw.com E-mail: pamela@pamelaw.com 16 pamela@pamelaw.com E-mail: bill@pamelaw.com Leticia Sanches 17 Asst: tish@thorntondavidsonlaw.com [Co-counsel for Plaintiff Jason Neel] 18 [Attorneys for Plaintiff Jason Neel] 19 Jacoby Perez Donald Charles Schwartz Geraci Law Firm Law Offices of Donald C. Schwartz 20 90 Discovery 7960 Soquel Drive, No. 291 Irvine, CA 92618 Aptos, CA 95003 21 Ph: (949) 379-2600 Ph: (831) 331-9909 Direct: (949) 504-4195 Fax: (815) 301-6556 22 Email: j.perez@geracillp.com Email: oncierge@geracillp.com donald@lawofficedonaldschwartz.com 23 [Co-counsel for Defendant and Cross- [In Pro Per - Attorney for Cross- 24 Complainant United States Real Estate Defendant Donald Charles Schwartz] Corporation] 25 26 27 28 6 DECLARATION OF EDWARD EGAN SMITH IN SUPPORT OF UNITED STATES REAL ESTATE CORPORATION’S EX PARTE APPLICATION TO CONTINUE TRIAL OR, ALTERNATIVELY, FOR ORDER SHORTENING TIME 2080757.1 - NATC.JNEEL RUSHMYFILE, INC. Michael T. Beuselinck 380 Beach Road, Suite “B” Michael Beuselinck P.C. Burlingame, CA 94010 490 43" Street, #37 Email: scenario@rushmyfile.com Oakland, CA 94609 [Counsel withdrawn] Email: mike@lawmtb.com Ph: (925) 800-3032 [Attorneys for CNA Equity Group, Inc.- in bankruptcy] 17. Attached hereto as Exhibit 4 is a true and correct copy of my April 2, 2024 email to all counsel (and the unrepresented Rushmyfile, Inc.) confirming the details of the intended ex parte application outline above. I declare under penalty of perjury under the laws of the State of California that the 10 foregoing is true and correct. Executed on April 2, 2024 at San Francisco, California. Dou 11 12 13 Edward Egan Smith 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 DECLARATION OF EDWARD EGAN SMITH IN SUPPORT OF UNITED STATES REAL ESTATE CORPORATION’S EX PARTE APPLICATION TO CONTINUE TRIAL OR, ALTERNATIVELY, FOR ORDER SHORTENING TIME 2080757.1 - NATC.JNEEL EXHIBIT 1 ELECTRONICALLY RECEIVED 2/22/2024 11:39 AM Jeffrey H. Lowenthal (State Bar No. 111763) Edward Egan Smith (State Bar No. 169792 Matthew W. Delbridge (State Bar No. 343636) STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP 235 Pine Street, 15th Floor San Francisco, California 94104 Telephone: (415) 421-3400 \Facsimile: (415) 421-2234 |E~mail: jlowenthal@steyerlaw.com esmith@steyerlaw.com mdelbridge@steyerlaw.com Jacoby Perez (State Bar No. 315990) GERACI LAW FIRM 90 Discovery Irvine, CA 92618 Telephone: (949) 379-2600 10 Direct: (949) 504-4195 Email: j.perez@geracillp.com 11 Attorneys for Defendant and Cross-Complainant 12 United States Real Estate Corporation 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 FOR THE COUNTY OF SANTA CRUZ 15 16 JASON NEEL, Case No. 22CV01758 17 STIPULATION TO ADVANCE HEARING ON 18 Vv. CROSS-DEFENDANT DONALD SCHWARTZ’S ANTI-SLAPP SPECIAL 19 SUPERIOR LOAN SERVICING, ASSET MOTION TO STRIKE; AND ORDER DEFAULT MANAGEMENT, INC., 20 UNITED STATES REAL ESTATE Date: April 22, 2024 CORPORATION and DOES | through Time: 8:30 a.m. 21 100, inclusive, Dept: 5 Judge: Hon. Timothy Volkmann 22 Action Filed: August 10, 2021 [Alameda Superior] 2 Trial Date: August 12, 2024 AND RELATED CROSS-ACTION(S). 24 25 26 27 28 STIPULATION TO ADVANCE HEARING ON CROSS-DEFENDANT DONALD SCHWARTZ’S ANTI-SLAPP SPECIAL MOTION TO STRIKE; AND ORDER 2073479,1 - NATC.JNEEL Defendant and Cross-Complainant United States Real Estate Corporation (“USREC”) and Defendant and Cross-Defendant Donald Charles Schwartz (“Schwartz”) hereby enter into the following stipulation. WHEREAS, on November 20, 2023, Plaintiff Jason Neel filed an Amendment to Complaint Naming Doe 1, naming Schwartz as defendant Doe | under Plaintiff's First Amended Complaint, and on November 27, 2023, Schwartz filed an Answer to Plaintiff's First Amended Complaint; WHEREAS, on December 11, 2023, the Court scheduled this matter for a trial readiness conference on August 1, 2024, and trial commencing August 12, 2024; 10 WHEREAS, on January 26, 2024, USREC filed an Amendment to Cross-Complaint to 11 Substitute True Name for ROE 25 - Donald Charles Schwartz (“Roe Amendment’), naming 12 Schwartz as Roe 25 under USREC’s Cross-Complaint and, thereafter, on January 29, 2024, 13 served Schwartz with the Roe Amendment and the Summons on Cross-Complaint; 14 WHEREAS, on February 13, 2024, Schwartz filed a Special Motion to Strike USREC’s 15 Cross-Complaint pursuant to Code of Civil Procedure section 425.16, which motion was set for 16 hearing on April 22, 2024, at 8:30 a.m., in Department 5; 17 WHEREAS, the parties have conferred and, recognizing that Code of Civil Procedure 18 section 425.16(f) provides that a hearing is to be set not more than 30 days after filing of a special 19 motion to strike, have agreed that there is good cause to advance the hearing on Schwartz’s 20 motion; 21 NOW, THEREFORE, reserving all rights, USREC and Schwartz hereby stipulate as 22 follows: 23 1 Schwartz’s Special Motion to Strike currently set for hearing April 22, 2024, shall 24 be advanced to March 25, 2024, at 8:30 a.m., in Department 5, or such date thereafter as available 25 on the Court’s calendar; and 26 //1 27 /// 28 2 STIPULATION TO ADVANCE HEARING ON CROSS-DEFENDANT DONALD SCHWARTZ’S ANTI-SLAPP SPECIAL MOTION TO STRIKE; AND ORDER 2073479.1 - NATC.JNEEL ‘tf 2 Opposition and reply papers shall be filed and served pursuant to the Code of Civil Procedure and Rules of Court based on the new hearing date. Dated: February 21, 2024 STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP By: Jeffrey H. Lowenthal Edward Egan Smith Matthew W. Delbridge Attorneys for Defendant and Cross- Complainant United States Real Estate 10 Corporation 11 12 Dated: February Z{ 2024 LAW OFFIC DONALD C. SCHWARTZ 13 ~ 14 B Donald Charles Schwartz 15 Attorney for Cross-Defendant Donald Charles Schwartz 16 (sued herein as Donald Schwartz) 17 18 ORDER 19 20 Pursuant to the above Stipulation of the parties, and good cause appearing therefor, IT IS 21 HEREBY ORDERED THAT: 22 1 Schwartz’s Special Motion to Strike currently set for hearing April 22, 2024, shall 23 be advanced to March _ , 2024, at 8:30 a.m., in Department 5; and 24 2 Opposition and reply papers shall be filed and served pursuant to the Code of Civil 25 Procedure and Rules of Court based on the new hearing date. 26 Date: Judge of the Superior Court nfortunately, the Court cannot accomodate this request It will remain, as scheduled. TRV_ 2/28/24 STIPULATION TO ADVANCE HEARING ON CROSS-DEFENDANT DONALD SCHWARTZ’S ANTI-SLAPP SPECIAL MOTION TO STRIKE; AND ORDER 2073479.1 - NATC.INEEL PROOF OF ESERVICE BY EMAIL I am employed in the county of Santa Cruz, State of California. I am over the age of 18 years and not a party to the within action; my business address is 7960-B Soquel Drive, No. 291, Aptos, CA 95003. On February 22, 2024 I served the attached: STIPULATION/ORDER on the parties to said matter by causing a true copy of said document(s) to be transmitted by electronic mail to the electronic mail addresses of the parties/persons/firms 10 listed below: 11 Thornton Davidson — thornton@ thorntondavidsonlaw.com 12 Edward Egan Smith — esmith@ steyerlaw.com 13 14 I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. 15 16 Executed in Aptos, California, on February 22, 2024. 17 /s/ Samuel I. Schwartz aoe 18 Samuel I. Schwartz 19 20 21 22 23 24 25 26 27 28 EXHIBIT 2 From: Thornton Davidson To: Donald Schwartz Ce: Edward Egan Smith; Matthew W. Delbridge Subject: RE: Neel Matter Date: Thursday, March 14, 2024 1:18:28 PM OK, Don. Whatever you want. We’ll wait until after you motion. Thornton Davidson, P.C. THORNTON DAVIDSON, P.C. 1195 W. Shaw Ave., Ste. A Fresno, California 93711 (559) 476-5064 (Asst. Tish) (559) 476-5066 (Dir.) Thornton Davidson, Esq. c/o Sterling Pacific Lending 1205 Freedom Blvd. Watsonville, California 95076 (831) 786-1980 (Recpt.) (831) 536-7468 (Dir.) DIRECT ALL MAIL TO FRESNO ADDRESS From: Donald Schwartz Sent: Thursday, March 14, 2024 12:30 PM To: Thornton Davidson Cc: Edward Egan Smith ; Matthew W. Delbridge Subject: Re: Neel Matter Right now | am not seeing how Jason's deposition can go forward without prejudicing the pending special motion to strike. Why the big hurry? Donald Charles Schwartz, MBA, JD Law Office of Donald C. Schwartz 7960-B Soquel Drive, No. 291 Aptos, CA 95003 831-331-9909/Fax: 815-301-6556 donald@lawofficedonaldschwartz.com Confidentiality, Limitation Of Use, And No Binding Effect The preceding message contents and any attachments (collectively "Contents") are: (i) solely for the benefit of the person(s) or entity(ies) addressed (collectively "Recipient") and may not be relied upon by any other person(s) or entity(ies) ("Others") for any purpose without specific written permission of Donald Charles Schwartz, Esq. and the Law Offices of Donald C. Schwartz; (ii) confidential, private and contain non- disclosable information for the exclusive use of the Recipient (iii) protected by the Electronic Communications Act (18 U.S.C.§2510-2521) and or the Health Insurance Portability & Accountability Act of 1996 (42 USC 201) & its privacy rules and may also be legally privileged (including attorney-client or attorney work-product privilege), confidential, proprietary or otherwise protected by law and all downloading, photocopying, distributing or otherwise using the Contents by Others in any way is prohibited; (iv) sent for informational purposes only and unless expressly stated not intended to be an electronic signature for purposes of binding any client of or Donald Charles Schwartz, Esq. and the Law Offices of Donald C. Schwartz to any contract or agreement under the California Uniform Electronic Transaction Act (CA Civil Code §1633.1-1633.17) and all other similar states & federal laws; (iv) not intended or written and may not be used for the purpose of avoiding federal taxes or penalties nor used to promote, market or recommend any transaction or matter addressed in the Contents (See IRS Circular 230); (v) Recipient should not save or file electronic or paper copies of the Contents with publicly accessible records, and (vi) subject to continued application of the foregoing to any subsequent retransmission, publication or disclosure. On Thu, Mar 14, 2024 at 12:27 PM Thornton Davidson wrote: That works for me. Ed, when do you want to take Jason’s deposition. My understanding is that Don will participate without prejudice to his claim that he should not be involved in the lawsuit. So no one can make a waiver/estoppel argument if he participates. Don, do I have that right? Thornton Davidson, P.C. THORNTON DAVIDSON, P.C. 1195 W. Shaw Ave., Ste. A Fresno, California 93711 (559) 476-5064 (Asst. Tish) (559) 476-5066 (Dir.) Thornton Davidson, Esq. c/o Sterling Pacific Lending 1205 Freedom Blvd. Watsonville, California 95076 (831) 786-1980 (Recpt.) (831) 536-7468 (Dir.) DIRECT ALL MAIL TO FRESNO ADDRESS From: Donald Schwartz Sent: Thursday, March 14, 2024 12:16 PM To: Thornton Davidson Ce: Edward Egan Smith ; Matthew W. Delbridge Subject: Re: Neel Matter Fellas, My understanding is that only Jason Neel's deposition is on the table for this ‘meet and confer’ discussion. Donald Charles Schwartz, MBA, JD Law Office of Donald C. Schwartz 7960-B Soquel Drive, No. 291 Aptos, CA 95003 831-331-9909/Fax: 815-301-6556 donald@lawofficedonaldschwartz.com Confidentiality, Limitation Of Use, And No Binding Effect The preceding message contents and any attachments (collectively "Contents") are: (i) solely for the benefit of the person(s) or entity(ies) addressed (collectively "Recipient") and may not be relied upon by any other person(s) or entity(ies) ("Others") for any purpose without specific written permission of Donald Charles Schwartz, Esq. and the Law Offices of Donald C. Schwartz; (ii) confidential, private and contain non-disclosable information for the exclusive use of the Recipient (iii) protected by the Electronic Communications Act (18 U.S.C.82510-2521) and or the Health Insurance Portability & Accountability Act of 1996 (42 USC 201) & its privacy rules and may also be legally privileged (including attorney-client or attorney work-product privilege), confidential, proprietary or otherwise protected by law and all downloading, photocopying, distributing or otherwise using the Contents by Others in any way is prohibited; (iv) sent for informational purposes only and unless expressly stated not intended to be an electronic signature for purposes of binding any client of or Donald Charles Schwartz, Esq. and the Law Offices of Donald C. Schwartz to any contract or agreement under the California Uniform Electronic Transaction Act (CA Civil Code §1633.1-1633.17) and all other similar states & federal laws; (iv) not intended or written and may not be used for the purpose of avoiding federal taxes or penalties nor used to promote, market or recommend any transaction or matter addressed in the Contents (See IRS Circular 230); (v) Recipient should not save or file electronic or paper copies of the Contents with publicly accessible records, and (vi) subject to continued application of the foregoing to any subsequent retransmission, publication or disclosure. On Thu, Mar 14, 2024 at 10:28 AM Thornton Davidson wrote: Ed: Please call me in Watsonville at your convenience. Thornton Davidson, P.C. THORNTON DAVIDSON, P.C. 1195 W. Shaw Ave., Ste. A Fresno, California 93711 (559) 476-5064 (Asst. Tish) (559) 476-5066 (Dir.) Thornton Davidson, Esq. c/o Sterling Pacific Lending 1205 Freedom Blvd. Watsonville, California 95076 (831) 786-1980 (Recpt.) (831) 536-7468 (Dir.) DIRECT ALL MAIL TO FRESNO ADDRESS From: Edward Egan Smith Sent: Thursday, March 7, 2024 10:51 AM To: Thornton Davidson ; Donald Schwartz Cc: Matthew W. Delbridge Subject: RE: Neel Matter Thornton/Don: What about all other discovery, including Don’s deposition as previously noticed? And is Don agreeing that the depositions of plaintiff and my client (and him) and any other discovery completed in the meantime will be admissible as against Don for all purposes in the case? Edward Edward Egan Smith Steyer Lowenthal Boodrookas Alvarez & Smith LLP 235 Pine Street, 15" Floor San Francisco, California 94104 Tel 415 421 3400 Fax 415 421 2234 Cell 415 640 7219 www.steyerlaw.com NOTICE: This email message is for the sole use of the intended recipient(s) and may contain information that is confidential and protected from disclosure by the attorney- client privilege, as attorney work product, or by other applicable privileges. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email, delete the original email, and destroy all copies of the original message. From: Thornton Davidson Sent: Wednesday, March 6, 2024 11:42 AM To: Donald Schwartz Cc: Edward Egan Smith Subject: RE: Neel Matter Ed: I spoke with Don yesterday about the Court’s rejection of moving this Motion. Don and I have agreed that we can proceed with Jason’s deposition wherein Don will be an observer but not a participant subject to his right to recall Jason to a deposition if his motion fails. He would also allow me to proceed with the PMK for USRECorp. Please advise. Thornton Davidson, P.C. THORNTON DAVIDSON, P.C. 1195 W. Shaw Ave., Ste. A Fresno, California 93711 (559) 476-5064 (Asst. Tish) (559) 476-5066 (Dir.) Thornton Davidson, Esq. c/o Sterling Pacific Lending 1205 Freedom Blvd. Watsonville, California 95076 (831) 786-1980 (Recpt.) (831) 536-7468 (Dir.) DIRECT ALL MAIL TO FRESNO ADDRESS From: Donald Schwartz Sent: Tuesday, March 5, 2024 8:47 AM To: Thornton Davidson Cc: Edward Smith Subject: Re: Neel Matter Stipulation was denied: "Court cannot accommodate request" Donald Charles Schwartz, MBA, JD Law Office of Donald C. Schwartz 7960-B Soquel Drive, No. 291 Aptos, CA 95003 831-331 -9909/Fax: 815-301-6556 donald@lawofficedonaldschwartz.com Confidentiality, Limitation Of Use, And No Binding Effect The preceding message contents and any attachments (collectively "Contents") are: (i) solely for the benefit of the person(s) or entity(ies) addressed (collectively "Recipient") and may not be relied upon by any other person(s) or entity(ies) ("Others") for any purpose without specific written permission of Donald Charles Schwartz, Esq. and the Law Offices of Donald C. Schwartz; (ii) confidential, private and contain non-disclosable information for the exclusive use of the Recipient (iii) protected by the Electronic Communications Act (18 U.S.C.82510-2521) and or the Health Insurance Portability & Accountability Act of 1996 (42 USC 201) & its privacy rules and may also be legally privileged (including attorney-client or attorney work-product privilege), confidential, proprietary or otherwise protected by law and all downloading, photocopying, distributing or otherwise using the Contents by Others in any way is prohibited; (iv) sent for informational purposes only and unless expressly stated not intended to be an electronic signature for purposes of binding any client of or Donald Charles Schwartz, Esq. and the Law Offices of Donald C. Schwartz to any contract or agreement under the California Uniform Electronic Transaction Act (CA Civil Code §1633.1-1633.17) and all other similar states & federal laws; (iv) not intended or written and may not be used for the purpose of avoiding federal taxes or penalties nor used to promote, market or recommend any transaction or matter addressed in the Contents (See IRS Circular 230); (v) Recipient should not save or file electronic or paper copies of the Contents with publicly accessible records, and (vi) subject to continued application of the foregoing to any subsequent retransmission, publication or disclosure. On Mon, Mar 4, 2024 at 10:19 PM Thornton Davidson wrote: They'll get to it; everything's backed up I'm told. Thornton Davidson, P.C. THORNTON DAVIDSON, P.C. 1195 W. Shaw Ave., Ste. A Fresno, California 93711 (559) 476-5064 (Asst. Tish) (559) 476-5066 (Dir.) Thornton Davidson, Esq. c/o Sterling Pacific Lending 1205 Freedom Blvd. Watsonville, California 95076 (831) 786-1980 (Recpt.) (831) 536-7468 (Dir.) DIRECT ALL MAIL TO FRESNO ADDRESS aan Original Message. n= From: Donald Schwartz Sent: Monday, March 4, 2024 10:16 PM To: Edward Smith Cc: Thornton Davidson Subject: Neel Matter Fellas, The Court doesn’t seem to want to consider the stipulation. It’s just sitting there. Donald Charles Schwartz, M.B.A., J.D. Law Office of Donald C. Schwartz 7960-B Soquel Drive, No. 291 Aptos, CA 95003 donald@lawofficedonaldschwartz.com (831) 331-9909/Fax: (815) 301-6556 Sent from iPhone EXHIBIT 3 From: Donald Schwartz To: Thornton Davidson Ce: Edward Egan Smith; Matthew W. Delbridge Subject: Re: Neel Matter Date: Friday, March 8, 2024 12:41:07 PM Attachments: ~WRDO0002. ipa Any deposition would be subject to recall, if I am still in the case. Donald Charles Schwartz, MBA, JD Law Office of Donald C. Schwartz 7960-B Soquel Drive, No. 291 Aptos, CA 95003 831-331-9909/Fax: 815-301-6556 donald@lawofficedonaldschwartz.com Confidentiality, Limitation Of Use, And No Binding Effect The preceding message contents and any attachments (collectively "Contents") are: (i) solely for the benefit of the person(s) or entity(ies) addressed (collectively "Recipient") and may not be relied upon by any other person(s) or entity(ies) ("Others") for any purpose without specific written permission of Donald Charles Schwartz, Esq. and the Law Offices of Donald C. Schwartz; (ii) confidential, private and contain non-disclosable information for the exclusive use of the Recipient (iii) protected by the Electronic Communications Act (18 U.S.C.§2510-2521) and or the Health Insurance Portability & Accountability Act of 1996 (42 USC 201) & its privacy rules and may also be legally privileged (including attorney-client or attorney work-product privilege), confidential, proprietary or otherwise protected by law and all downloading, photocopying, distributing or otherwise using the Contents by Others in any way is prohibited; (iv) sent for informational purposes only and unless expressly stated not intended to be an electronic signature for purposes of binding any client ofor Donald Charles Schwartz, Esq. and the Law Offices of Donald C. Schwartz to any contract or agreement under the California Uniform Electronic Transaction Act (CA Civil Code §1633.1-1633.17) and all other similar states & federal laws; (iv) not intended or written and may not be used for the purpose of avoiding federal taxes or penalties nor used to promote, market or recommend any transaction or matter addressed in the Contents (See IRS Circular 230); (v) Recipient should not save or file electronic or paper copies of the Contents with publicly accessible records, and (vi) subject to continued application of the foregoing to any subsequent retransmission, publication or disclosure. On Fri, Mar 8, 2024 at 11:55 AM Thornton Davidson wrote: Let’s strike a balance here since Don has the ability — at least until his motion is heard — to tank any discovery. I cannot imagine he will permit his own deposition prior to the motion hearing. I’m just talking about Jason’s deposition which Don wants to attend as an observer but retake if he’s not dismissed from the case. Frankly, I’d rather Don ask questions at Jason’s deposition along with a stipulation that his participation cannot be used by any party to argue that he’s waived any of the arguments asserted in his motion. That would be a lot cleaner. Plus, I want to take the deposition of USREC’s PMK, whom you, Ed, have yet to identify. Don has indicated he’s not opposed to that. Gentlemen, we have a trial on August 8, 2024. There’s still some serious work to do to prepare this case for trial, including the designation of experts. The proposal to allow some limited discovery prior to Don’s motion makes good sense. Please confirm your agreement to permit Jason’s and the PMK’s depositions to go forward. Best. 5 Thornton Davidson, P.C. THORNTON DAVIDSON, P.C. 1195 W. Shaw Ave., Ste. A Fresno, California 93711 (559) 476-5064 (Asst. Tish) (559) 476-5066 (Dir.) Thornton Davidson, Esq. c/o Sterling Pacific Lending 1205 Freedom Blvd. Watsonville, California 95076 (831) 786-1980 (Recpt.) (831) 536-7468 (Dir.) DIRECT ALL MAIL TO FRESNO ADDRESS From: Edward Egan Smith Sent: Thursday, March 7, 2024 10:51 AM To: Thornton Davidson ; Donald Schwartz Cc: Matthew W. Delbridge Subject: RE: Neel Matter Thornton/Don: What about all other discovery, including Don’s deposition as previously noticed? And is Don agreeing that the depositions of plaintiff and my client (and him) and any other discovery completed in the meantime will be admissible as against Don for all purposes in the case? Edward Edward Egan Smith Steyer Lowenthal Boodrookas Alvarez & Smith LLP 235 Pine Street, 15" Floor San Francisco, California 94104 Tel 415 421 3400 Fax 415 421 2234 Cell 415 640 7219 www.steyerlaw.com NOTICE: This email message is for the sole use of the intended recipient(s) and may contain information that is confidential and protected from disclosure by the attorney- client privilege, as attorney work product, or by other applicable privileges. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email, delete the original email, and destroy all copies of the original message. From: Thornton Davidson Sent: Wednesday, March 6, 2024 11:42 AM To: Donald Schwartz Cc: Edward Egan Smith Subject: RE: Neel Matter Ed I spoke with Don yesterday about the Court’s rejection of moving this Motion. Don and I have agreed that we can proceed with Jason’s deposition wherein Don will be an observer but not a participant subject to his right to recall Jason to a deposition if his motion fails. He would also allow me to proceed with the PMK for USRECorp. Please advise. Thornton Davidson, P.C. THORNTON DAVIDSON, P.C. 1195 W. Shaw Ave., Ste. A Fresno, California 93711 (559) 476-5064 (Asst. Tish) (559) 476-5066 (Dir.) Thornton Davidson, Esq. c/o Sterling Pacific Lending 1205 Freedom Blvd. Watsonville, California 95076 (831) 786-1980 (Recpt.) (831) 536-7468 (Dir.) DIRECT ALL MAIL TO FRESNO ADDRESS From: Donald Schwartz Sent: Tuesday, March 5, 2024 8:47 AM To: Thornton Davidson Cc: Edward Smith Subject: Re: Neel Matter Stipulation was denied: "Court cannot accommodate request" Donald Charles Schwartz, MBA, JD Law Office of Donald C. Schwartz 7960-B Soquel Drive, No. 291 Aptos, CA 95003 831-331-9909/Fax: 815-301-6556 donald@lawofficedonaldschwartz.com Confidentiality, Limitation Of Use, And No Binding Effect The preceding m ge contents and any attachments (collectively "Contents") are: (i) solely for the benefit ofthe person(s) or entity(ies) addressed (collectively "Recipient") and may not be relied upon by any other person(s) or entity(ies) ("Others") for any purpose without specific written perm n of Donald Charles Schwartz, Esq. and the Law Offices of Donald C. Schwartz; (ii) confidential, private and contain non-disclosable information for the exclusive use of the Recipient (iii) protected by the Electronic Communications Act (18 U.S.C.§2510-2521) and or the Health Insurance Portability & Accountability Act of 1996 (42 USC 201) & its privacy rules and may also be legally privileged (including attorney-client or attorney work-product privilege), confidential, proprietary or otherwise protected by law and all downloading, photocopying, distributing or otherwise using the Contents by Others in any way is prohibited; (iv) sent for informational purposes only and unless expressly stated not intended to be an electronii ignature for purpo s of binding any client of or Donald Charl Schwartz, E: and the Law Offices of Donald C. Schwartz to any contract or agreement under the California Uniform Electronic Trat tion Act (CA Civil Code §1633.1-1633.17) and all other similar states & federal laws; (iv) not intended or written and may not be used for the purpose of avoiding federal taxes or penalti s nor used to promote, market or recommend any trans: on or matter addri d in the Contents (See IRS Circular 230); (v) Recipient should not save or file electronic or paper copies of the Contents with publicly a sible re cords, and (vi) subject to continued application of the foregoing to any subsequent retransm ion, publication or disclosure. On Mon, Mar 4, 2024 at 10:19 PM Thornton Davidson wrote: They'll get to it; everything's backed up I'm told. Thornton Davidson, P.C. THORNTON DAVIDSON, P.C. 1195 W. Shaw Ave., Ste. A Fresno, California 93711 (559) 476-5064 (Asst. Tish) (559) 476-5066 (Dir.) Thornton Davidson, Esq. c/o Sterling Pacific Lending 1205 Freedom Blvd. Watsonville, California 95076 (831) 786-1980 (Recpt.) (831) 536-7468 (Dir.) DIRECT ALL MAIL TO FRESNO ADDRESS aoee- Original Message: ane From: Donald Schwartz Sent: Monday, March 4, 2024 10:16 PM To: Edward Smith Cc: Thornton Davidson Subject: Neel Matter Fellas, The Court doesn’t seem to want to consider the stipulation. It’s just sitting there. Donald Charles Schwartz, M.B.A., J.D. Law Office of Donald C. Schwartz 7960-B Soquel Drive, No. 291 Aptos, CA 95003 donald@lawofficedonaldschwartz.com (831) 331-9909/Fax: (815) 301-6556 Sent from iPhone EXHIBIT 4 From: Edward Egan Smith To: thornton@thorntondavidsonlaw.com; pamela@pamelaw.com; William Purdy (bill@pamelaw.com’ .perez@aeracillp.com; concierae@aeracillp.com; donald @lawofficedonaldschwartz.com; Michael Beuselinck; scenario@rushmyfile.com; Matthew W. Delbridge Subject: Jason Neel v. SLS, et al., Santa Cruz Superior Case No. 22CV01758 Date: Tuesday, April 2, 2024 9:44:48 AM Counsel and Party: |am writing to provide you with notice that on behalf of United States Real Estate Corporation (USREC), we will be appearing on April 3, 2024, at 1:00 pm, in Department 10 of the Santa Cruz Superior Court, located at 701 Ocean Street, Santa Cruz, CA 95060, to make an ex parte application for an order continuing the August 12, 2024 trial (and August 1, 2024 readiness conference) in the above-referenced matter for just under 90 days, to November 4, 2024 or the next date thereafter convenient to the Court. The grounds of the motion as more fully stated in the moving papers are the prejudice and delay to USREC’s completion of discovery and preparation for trial resulting from the discovery stay imposed by defendant/cross-defendant Donald Schwartz's anti-SLAPP motion to strike. Alternatively, we will ask for an order shortening time for hearing on the motion to continue the trial. Please advise if you intend to oppose the application and/or appear at the hearing. Pursuant to Local Rules, we will serve copies of our ex parte moving papers by email no later than 3:00 p.m. today. Thank you. Edward Edward Egan Smith Steyer Lowenthal Boodrookas Alvarez & Smith LLP 235 Pine Street, 15" Floor San Francisco, California 94104 Tel 415 421 3400 Fax 415 421 2234 Cell 415 640 7219 www.steyerlaw.com NOTICE: This email message is for the sole use of the intended recipient(s) and may contain information that is confidential and protected from disclosure by the attorney-client privilege, as attorney work product, or by other applicable privileges. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email, delete the original email, and destroy all copies of the original message.