On August 07, 2023 a
Party Discovery
was filed
involving a dispute between
Dykstra, Precious T,
and
Broesel, Erich,
Hand, Aaron,
Henry, Steve,
Hughes, James,
Karger, Jason,
Lyon, Michael,
Ollis, David,
for Breach of Contract/Warranty Unlimited
in the District Court of San Bernardino County.
Preview
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,~..:9RHGHNAL s‘UPEREOfi COUH‘“ OF CAUE-OHNV‘.
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BLANK ROME LLP
Cheryl S. Chang (SBN 237098) APR 1 5} 2024‘:
cheryl.chang@blankrome.com
,x r
Joseph M. Welch (SBN 259308) :5
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joseph.welch@blankrome.com EziLssm M .
TICUE—CASTHO, QEP'G?
2029 Century Park East 6th Floor
|
Los Angeles, CA 90067
Telephone: 424.239.3400
Facsimile: 424.239.3434
Attorneys for Plaintiff
\OOOVQUI-fi
PRECIOUS T. DYKSTRA
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
10
11 PRECIOUS T. DYKSTRA, an individual Case No. CIVSB23 1 8301
12 Plaintiff, [Assignedfor allpurposes t0 Honorable
Jefi’rey R. Erickson, Dept. SI4-SBJC]
13 vs.
NOTICE 0F MOTION AND MOTION
14 MICHAEL LYON, an individual, DAVID OLLIS, TO SEAL CERTAIN RECORDS
an individual, ERICH BROESEL, an individual, INCLUDED IN PLAINTIFF PRECIOUS
15 STEVE HENRY, an individual, JASON KARGER, T. DYKSTRA’S SUPPLEMENTAL
an individual, JAMES HUGHES, an individual, and EVIDENCE IN SUPPORT OF
16 AARON HAND, an individual OPPOSITION BRIEF TO
DEFENDANTS’ MOTION TO QUASH
17 Defendants, SUBPOENA ISSUED TO THE
CALIFORNIA FRANCHISE TAX
18 vs. BOARD
19 OTV INVESTMENT GROUP LLC, a Nevada DATE: 9/15 1”}
limited liability company, and OAK
TREE TIME: 8:3down
20 MOUNTAIN LLC, a Nevada limited liability DEPT.: s14—SBJC
company
21
[Concurrently filed with Declaration of
Nominal Defendants. Joseph Welch, and (Proposed) Order]
22
Complaint Filed: 08/07/2023
23 Trial Date: N/A
24
25
26
27
166951.00601/1 35126761v.3
28
NOTICE OF MOTION AND MOTION TO SEAL CERTAIN RECORDS INCLUDED IN PLAINTIFF
PRECIOUS T. DYKSTRA’S SUPPLEMENTAL EVIDENCE IN SUPPORT 0F OPPOSITION BRIEF TO
DEFENDANTS’ MOTION TO QUASH SUBPOENA ISSUED TO THE CALIFORNIA FRANCHISE TAX
BOARD
TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that, on __, 2024, at ,
or as soon thereafter as
AWN counsel may be heard in Depanment Sl4-SBJC of the above-referenced Court, located 247 West
Third Street, San Bemardino, California, 92415, Plaintiff Precious T. Dykstra (“Ms. Dykstra” or
“P1aintiff’), will and hereby does move the Court pursuant t0 California Rule of Court 2.550 et seq.,
for an order sealing her Supplemental Evidence in Support of Her Opposition Brief to Defendants’
\OOONONUI
Motion to Quash the Subpoena Issued t0 the California Franchise Tax Board and the Declaration of
Joseph M. Welch in Support of Precious T. Dykstra’s Supplemental Evidence In Support of Her
Opposition Brief (collectively, the “Supplemental Evidence”). The Supplement Evidence includes
10 and describes the mobile cellphone records, and other geolocation information for Defendant
11 Michael Lyon (“ML Lyon”), and was produced by third paflies after Plaintiff s filed her Opposition
12 to Defendants’ Motion to Quash the Subpoena Issued By Plaintiff to the California Franchise Tax
13 Board (the “Opposition to Motion to Quash”) on [DATE], but supports Plaintiff’ s Opposition to the
14 Motion to Quash and affirms the need for California Franchise Tax Board discovery related to Mr.
15 Lyon.
16 This Motion is based on this Notice of Motion, the accompanying Memorandum of Points
17 and Authorities, the Declaration of Joseph M. Welch in Support of the Motion, and such other
18 evidence and argument as may be presented prior t0 0r at the hearing on this Motion.
19
20 DATED: April 15, 2024 BLANK ROME LLP
21
22
By: flv/ZH WA
Moseph M. Welch
Cheryl S. Chang
23 Jessica A. McElroy
Attorneys for Plaintiff
24 PRECIOUS T. DYKSTRA
25
26
27 166951.00601/135126761v.3 1
NOTICE OF MOTION AND MOTION TO SEAL CERTAIN RECORDS INCLUDED IN PLAINTIFF
28 PRECIOUS T. DYKSTRA’S SUPPLEMENTAL EVIDENCE IN SUPPORT OF OPPOSITION BRIEF TO
DEFENDANTS’ MOTION TO QUASH SUBPOENA ISSUED TO THE CALIFORNIA FRANCHISE TAX
BOARD
Document Filed Date
April 15, 2024
Case Filing Date
August 07, 2023
Category
Breach of Contract/Warranty Unlimited
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Preview
\r ,~..:9RHGHNAL s‘UPEREOfi COUH‘“ OF CAUE-OHNV‘. CG! 2m“! o? m _:::.rgmxn‘n_zr;nnxzr"a BLANK ROME LLP Cheryl S. Chang (SBN 237098) APR 1 5} 2024‘: cheryl.chang@blankrome.com ,x r Joseph M. Welch (SBN 259308) :5 -..M-nfw ’ » 2.4};‘5;;;N_r joseph.welch@blankrome.com EziLssm M . TICUE—CASTHO, QEP'G? 2029 Century Park East 6th Floor | Los Angeles, CA 90067 Telephone: 424.239.3400 Facsimile: 424.239.3434 Attorneys for Plaintiff \OOOVQUI-fi PRECIOUS T. DYKSTRA SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 10 11 PRECIOUS T. DYKSTRA, an individual Case No. CIVSB23 1 8301 12 Plaintiff, [Assignedfor allpurposes t0 Honorable Jefi’rey R. Erickson, Dept. SI4-SBJC] 13 vs. NOTICE 0F MOTION AND MOTION 14 MICHAEL LYON, an individual, DAVID OLLIS, TO SEAL CERTAIN RECORDS an individual, ERICH BROESEL, an individual, INCLUDED IN PLAINTIFF PRECIOUS 15 STEVE HENRY, an individual, JASON KARGER, T. DYKSTRA’S SUPPLEMENTAL an individual, JAMES HUGHES, an individual, and EVIDENCE IN SUPPORT OF 16 AARON HAND, an individual OPPOSITION BRIEF TO DEFENDANTS’ MOTION TO QUASH 17 Defendants, SUBPOENA ISSUED TO THE CALIFORNIA FRANCHISE TAX 18 vs. BOARD 19 OTV INVESTMENT GROUP LLC, a Nevada DATE: 9/15 1”} limited liability company, and OAK TREE TIME: 8:3down 20 MOUNTAIN LLC, a Nevada limited liability DEPT.: s14—SBJC company 21 [Concurrently filed with Declaration of Nominal Defendants. Joseph Welch, and (Proposed) Order] 22 Complaint Filed: 08/07/2023 23 Trial Date: N/A 24 25 26 27 166951.00601/1 35126761v.3 28 NOTICE OF MOTION AND MOTION TO SEAL CERTAIN RECORDS INCLUDED IN PLAINTIFF PRECIOUS T. DYKSTRA’S SUPPLEMENTAL EVIDENCE IN SUPPORT 0F OPPOSITION BRIEF TO DEFENDANTS’ MOTION TO QUASH SUBPOENA ISSUED TO THE CALIFORNIA FRANCHISE TAX BOARD TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that, on __, 2024, at , or as soon thereafter as AWN counsel may be heard in Depanment Sl4-SBJC of the above-referenced Court, located 247 West Third Street, San Bemardino, California, 92415, Plaintiff Precious T. Dykstra (“Ms. Dykstra” or “P1aintiff’), will and hereby does move the Court pursuant t0 California Rule of Court 2.550 et seq., for an order sealing her Supplemental Evidence in Support of Her Opposition Brief to Defendants’ \OOONONUI Motion to Quash the Subpoena Issued t0 the California Franchise Tax Board and the Declaration of Joseph M. Welch in Support of Precious T. Dykstra’s Supplemental Evidence In Support of Her Opposition Brief (collectively, the “Supplemental Evidence”). The Supplement Evidence includes 10 and describes the mobile cellphone records, and other geolocation information for Defendant 11 Michael Lyon (“ML Lyon”), and was produced by third paflies after Plaintiff s filed her Opposition 12 to Defendants’ Motion to Quash the Subpoena Issued By Plaintiff to the California Franchise Tax 13 Board (the “Opposition to Motion to Quash”) on [DATE], but supports Plaintiff’ s Opposition to the 14 Motion to Quash and affirms the need for California Franchise Tax Board discovery related to Mr. 15 Lyon. 16 This Motion is based on this Notice of Motion, the accompanying Memorandum of Points 17 and Authorities, the Declaration of Joseph M. Welch in Support of the Motion, and such other 18 evidence and argument as may be presented prior t0 0r at the hearing on this Motion. 19 20 DATED: April 15, 2024 BLANK ROME LLP 21 22 By: flv/ZH WA Moseph M. Welch Cheryl S. Chang 23 Jessica A. McElroy Attorneys for Plaintiff 24 PRECIOUS T. DYKSTRA 25 26 27 166951.00601/135126761v.3 1 NOTICE OF MOTION AND MOTION TO SEAL CERTAIN RECORDS INCLUDED IN PLAINTIFF 28 PRECIOUS T. DYKSTRA’S SUPPLEMENTAL EVIDENCE IN SUPPORT OF OPPOSITION BRIEF TO DEFENDANTS’ MOTION TO QUASH SUBPOENA ISSUED TO THE CALIFORNIA FRANCHISE TAX BOARD