Preview
ELECTRONICALLY FILED
Superior Court of California
County of Santa Barbara
Darrel E. Parker, Executive Officer
9/13/2023 5:02 PM
David J. Tappeiner (SBN 243979) By: Narzralli Baksh , Deputy
DT LAW PARTNERS, LLP
125 East Victoria, Suite I
Santa Barbara, California 93101
Telephone: (805) 456-8323
Facsimile: (805) 453-8055
Email: david \dtlawpartners.com.
Attorneys for Plaintiffs, Mark Sellars, Individually and as Trustee of the Rosemary Free Trust
w/d/t dated September 13, 2000, and Rebecca Morin, Conservator of the Estate and Person of
Rosemary Free Leahy
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA BARBARA
ANACAPA DIVISION
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MARK SELLARS, individually and as Case No. 20CV04132
YW Trustee of the Rosemary Free Trust w/d/t
dated September 13, 2000; and REBECCA
12 MORIN, Conservator of the Estate and DECLARATION OF DAVID J.
Person of Rosemary Free Leahy, TAPPEINER REGARDING SERVICE OF
13 PROCESS ON DEFENDANT PATRICK
Plaintiffs, LEAHY
14
vs.
15 Assigned to Hon. Thomas P. Anderle
PATRICK LEAHY; CHANNE COLES, Department SB 3
16 THE LAW OFFICE OF CHANNE G.
COLES, a California corporation;
17 PATRICIA WOLLUM; SUSAN
REYNOLDS; HONOR HOME CARE
18 SERVICES CALIFORNIA, INC., a Date: October 4, 2023
Delaware corporation doing business in Time: 10:00 a.m.
19 California; and DOES 1-10, inclusive, Dept.: Three (3)
20 Defendants.
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23 I, David J. Tappeiner, hereby declare as follows:
24 1 I am an attorney duly licensed to practice law in the State of California, under
25 State Bar No. 243979. I am a partner in the firm of DT LAW PARTNERS, LLP, located at 125
26 East Victoria Street, Suite I, Santa Barbara, California 93101. Our firm is legal counsel to
27 Plaintiffs herein and I am the attorney primarily responsible for representing Plaintiffs in this
28 matter.
DECLARATION OF DAVID J. TAPPEINER REGARDING SERVICE OF PROCESS ON
DEFENDANT PATRICK LEAHY
2 The following facts are known to me personally and, if called upon, I could
competently testify to them.
3 Defendant Patrick Leahy (“Defendant Leahy”) was the sole specifically named
defendant when this case was filed on December 11, 2020.
4 Plaintiff Mark Sellers’ Notice of Hearing and Motion for Leave to File First
Amended Complaint, filed on November 9, 2022, was served on Leahy.
5 Leahy did not oppose the Motion for Leave to File First Amended Complaint or
attend the hearing on said motion on January 23, 2023. The Court granted said motion and the
First Amended Complaint (“FAC”) was filed on January 23, 2023, and then served on Leahy.
10 6 The FAC added Plaintiff Rebecca Morin, Conservator of the Estate and Person of
11 Rosemary Free Leahy, as an additional Plaintiff and named attorney Channe Coles and the Law
12 Office of Channe G. Coles the (“Coles’ Defendants”), Patricia Wollum, Susan Reynolds, and
13 Help Unlimited, Inc., as additional defendants, each of whom were also served with the FAC,
14 and proofs of service were filed with the Court.
15 7 All of the proceedings which have occurred since completing service of the FAC
16 on all defendants have only concerned the newly named defendants and not Leahy. In summary,
17 such proceedings have included the disqualification of Hon. Judge Colleen K. Sterne, filed by
18 the Coles Defendants, a cross-complaint filed by Help Unlimited, Inc., demurrers and motions to
19 strike filed by the Coles’ Defendants and defendants Patricia Wollum and Susan Reynolds,
20 Plaintiffs’ amendment to the FAC (discussed below), the dismissal of Help Unlimited, Inc.,
21 without prejudice, Plaintiff's original and amended motion for leave to file a “Third Amended
22 Complaint,” and documents in support. The following pleadings filed by Plaintiffs with respect
23 to such proceedings were inadvertently not served on Leahy:
24 (a) 5.26.2023 Filed — “Second” Amendment to Complaint. Under this pleading,
25 after learning that Honor Home Care Services California, Inc. (“Honor”), was the employer of
26 defendants Patricia Wollum and Susan Reynolds, rather than Help Unlimited, Inc., as originally
27 believed, Plaintiffs filed this amendment seeking to substitute Honor as a defendant in place of
28 Help Unlimited, Inc., and then dismissed Help Unlimited, Inc., as a defendant, without prejudice.
DECLARATION OF DAVID J. TAPPEINER REGARDING SERVICE OF PROCESS ON
DEFENDANT PATRICK LEAHY
(b) 5.26.2023 Filed — Notice of Entry of Dismissal (of Help Unlimited, Inc.) and
Proof of Service;
(c) 7.5.2023 Filed — Plaintiffs’ Response to Defendants’ Patricia Wollum’s and
Susan Reynold’s Notice of Motion and Motion to Strike Portions of the First Amended
Complaint;
(d) 7.5.2023 Filed — Plaintiffs’ Response to Defendants’ Patricia Wollum’s and
Susan Reynold’s Notice of Demurrer and Demurrer to the First Amended Complaint;
(e) 7.5.2023 Filed — Plaintiffs’ Response to Defendants’ Channe Coles’ and The
Law Office of Channe G. Coles Notice of Motion and Motion to Strike Portions of the First
10 Amended Complaint;
I (f) 7.5.2023 Filed — Plaintiffs’ Response to Defendants’ Channe Coles’ and The
12 Law Office of Channe G. Coles Notice of Demurrer and Demurrer to the First Amended
13 Complaint ;
14 (d) 7.6.2023 Filed — Plaintiff's Notice of Motion and Motion for Leave to File
15 Third Amended Complaint; Memorandum of Points and Authorities in Support; Declaration of
16 David J. Tappeiner.
7 (e) 7.6.2023 Filed — Declaration of David J. Tappeiner in Support of Plaintiffs’
18 Motion for Leave to file Third Amended Complaint;
19 (f) 7.19.2023 Filed — Notice of Entry of Dismissal (as to Honor Home Care
20 Services California, Inc.) and Proof of Service;
21 (g) 7.25.2023 Filed — Plaintiffs’ Relpy to Opposition to Motion to Amend Filed
22 by Channe Coles and the Law Office of Channe Coles;
23 (h) 7.26.2023 Filed — Plaintiffs’ Amended Notice of Motion and Amended Motion
24 for Leave to File Third Amended Complaint; Memorandum of Points and Authorities in Support;
25 Declarations in Support; and
26 (h) 8.14.2023 Filed — Declaration of Mark Sellars in Support of Plaintiffs’
27 Amended Motion for Leave to File Third Amended Complaint; Memorandum of Points and
28 Authorities.
DECLARATION OF DAVID J. TAPPEINER REGARDING SERVICE OF PROCESS ON
DEFENDANT PATRICK LEAHY
8 Although the proceedings described above and the pleadings filed in relation
thereto do not affect Defendant Leahy as Plaintiffs’ proposed amended complaint includes
additional factual information and exhibits in support concerning the claims against the other
defendants, such pleadings should have been served on Defendant Leahy nevertheless and
inadvertently were not. It should be noted that Defendant Leahy has not participated in this case
for almost a year now and has refused and/or failed to communicate with Plaintiffs’ counsel, or
to respond to multiple attempts to reach Defendant Leahy by telephone.
9 Furthermore, all of the issues raised in the proceedings and pleadings referenced
above have been incorporated into Plaintiffs’ Notice of Motion and Motion for Leave to File
10 Second Amended Complaint and the Declarations Filed in Support Thereof, all of which were
I served on Defendant Leahy on September 7, 2023. Accordingly, Defendant Leahy has suffered
12 no prejudice by not having been served with the pleadings referenced herein and, to the extent
13 Defendant Leahy has grounds to object to Plaintiffs’ Motion for Leave to file their Second
14 Amended Complaint, Defendant Leahy has the opportunity to do so now.
15 10. On September 13, 2023, all of the pleadings identified above were served to all
16 addresses known for Defendant Leahy and the most recent known active email address for
17 Defendant Leahy.
18 I declare under penalty of perjury under the laws of the State of California that the
wet -
19 foregoing is true and correct. Executed at Santa Ba i, Californi ia this 13" day of September
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20 2023.
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David J. Tappeiner
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DECLARATION OF DAVID J. TAPPEINER REGARDING SERVICE OF PROCESS ON
DEFENDANT PATRICK LEAHY
PROOF OF SERVICE
MARK SELLARS vs PATRICK LEAHY, ET AL.
Santa Barbara County Superior Court - Anacapa Division - Case No. 20CV04132
Tam employed in the County of Santa Barbara, State of California. I am over the age of
18 and not a party to the within action; my business address is 125 East Victoria St., Suite I,
Santa Barbara, California 93101. My electronic service address is
lizabeth@dtlawpartners.com
On September 13, 2023, I caused to be served the foregoing document described as:
DECLARATION OF DAVID J. TAPPEINER REGARDING SERVICE OF PROCESS ON
DEFENDANT PATRICK LEAHY on the persons below by delivering 0 the original ) true
copies thereof, as follows:
10 Attorney for Defendants Channe Coles and Attorneys for Defendants Patricia Wollum
Law Office of Channe Coles and Susan Reynolds
ll Gregory K. Sabo, Esq.
R. Chris Kroes Issa Mikel, Esq.
12
The Law Offices of McCarthy & Kroes Chapman Glucksman
13 125 East Victoria St. Suite A 11900 West Olympic Boulevard, Suite 800
Santa Barbara, CA 93101 Los Angeles, CA 90064-0704
14 Chris@mcecarthykroes.com ervice@cgdrlaw.com
amanda@mccarthykroes.com gsabo@cgdrlaw.com:
15
esmeralda@mccarthykroes.com imikel@cgdrlaw.com
16 lahijaniha@cgdrlaw.com
17 Defendant — in Pro Per Defendant — in Pro Pe:
Patrick Leahy Patrick Leahy
18 c/o Knight Broadcasting
961 Randolph Road
Santa Barbara, CA 93111 1101 S. Broadway STE C
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Santa Maria, CA 93454
patsprod@yahoo.com
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BY MAIL (U.S. POSTAL SERVICE):
21
0 I deposited the sealed envelopes with the U.S. Postal Service with postage fully
22 prepaid.
[I I placed the envelope for collection and mailing on the date and at the place as
23 indicated herein following our ordinary business practices. I am readily familiar with this
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business’s practice for collecting and processing correspondence/documents for mailing. On
the same day that it is placed for collection and mailing, it is deposited in the ordinary course of
25 business with the U.S. Postal Service in sealed envelopes with postage fully prepaid.
26
O BY PERSONAL SERVICE: Such envelopes were hand-delivered to the addressees on the
27
Service List, below.
28
DECLARATION OF DAVID J. TAPPEINER REGARDING SERVICE OF PROCESS ON
DEFENDANT PATRICK LEAHY
O BY EMAIL-PDF TRANSMISSION: | electronically served the document listed above to
the electronic service addresses of the persons as shown above.
O BY OVERNIGHT DELIVERY SERVICE: | deposited such envelopes for collection by
FedEx, in Santa Barbara, CA, sealed in an envelope or package designated by FedEx,
addressed as indicated on the Service List below, and with fees paid for overnight delivery.
(STATE) I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on September 13, 2023, at Santa Barbara, C: ria.
“eds: ON
izabet] Seidel
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DECLARATION OF DAVID J. TAPPEINER REGARDING SERVICE OF PROCESS ON
DEFENDANT PATRICK LEAHY
Preview
ELECTRONICALLY FILED Superior Court of California County of Santa Barbara Darrel E. Parker, Executive Officer 9/13/2023 5:02 PM David J. Tappeiner (SBN 243979) By: Narzralli Baksh , Deputy DT LAW PARTNERS, LLP 125 East Victoria, Suite I Santa Barbara, California 93101 Telephone: (805) 456-8323 Facsimile: (805) 453-8055 Email: david \dtlawpartners.com. Attorneys for Plaintiffs, Mark Sellars, Individually and as Trustee of the Rosemary Free Trust w/d/t dated September 13, 2000, and Rebecca Morin, Conservator of the Estate and Person of Rosemary Free Leahy SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA ANACAPA DIVISION 10 MARK SELLARS, individually and as Case No. 20CV04132 YW Trustee of the Rosemary Free Trust w/d/t dated September 13, 2000; and REBECCA 12 MORIN, Conservator of the Estate and DECLARATION OF DAVID J. Person of Rosemary Free Leahy, TAPPEINER REGARDING SERVICE OF 13 PROCESS ON DEFENDANT PATRICK Plaintiffs, LEAHY 14 vs. 15 Assigned to Hon. Thomas P. Anderle PATRICK LEAHY; CHANNE COLES, Department SB 3 16 THE LAW OFFICE OF CHANNE G. COLES, a California corporation; 17 PATRICIA WOLLUM; SUSAN REYNOLDS; HONOR HOME CARE 18 SERVICES CALIFORNIA, INC., a Date: October 4, 2023 Delaware corporation doing business in Time: 10:00 a.m. 19 California; and DOES 1-10, inclusive, Dept.: Three (3) 20 Defendants. 21 22 23 I, David J. Tappeiner, hereby declare as follows: 24 1 I am an attorney duly licensed to practice law in the State of California, under 25 State Bar No. 243979. I am a partner in the firm of DT LAW PARTNERS, LLP, located at 125 26 East Victoria Street, Suite I, Santa Barbara, California 93101. Our firm is legal counsel to 27 Plaintiffs herein and I am the attorney primarily responsible for representing Plaintiffs in this 28 matter. DECLARATION OF DAVID J. TAPPEINER REGARDING SERVICE OF PROCESS ON DEFENDANT PATRICK LEAHY 2 The following facts are known to me personally and, if called upon, I could competently testify to them. 3 Defendant Patrick Leahy (“Defendant Leahy”) was the sole specifically named defendant when this case was filed on December 11, 2020. 4 Plaintiff Mark Sellers’ Notice of Hearing and Motion for Leave to File First Amended Complaint, filed on November 9, 2022, was served on Leahy. 5 Leahy did not oppose the Motion for Leave to File First Amended Complaint or attend the hearing on said motion on January 23, 2023. The Court granted said motion and the First Amended Complaint (“FAC”) was filed on January 23, 2023, and then served on Leahy. 10 6 The FAC added Plaintiff Rebecca Morin, Conservator of the Estate and Person of 11 Rosemary Free Leahy, as an additional Plaintiff and named attorney Channe Coles and the Law 12 Office of Channe G. Coles the (“Coles’ Defendants”), Patricia Wollum, Susan Reynolds, and 13 Help Unlimited, Inc., as additional defendants, each of whom were also served with the FAC, 14 and proofs of service were filed with the Court. 15 7 All of the proceedings which have occurred since completing service of the FAC 16 on all defendants have only concerned the newly named defendants and not Leahy. In summary, 17 such proceedings have included the disqualification of Hon. Judge Colleen K. Sterne, filed by 18 the Coles Defendants, a cross-complaint filed by Help Unlimited, Inc., demurrers and motions to 19 strike filed by the Coles’ Defendants and defendants Patricia Wollum and Susan Reynolds, 20 Plaintiffs’ amendment to the FAC (discussed below), the dismissal of Help Unlimited, Inc., 21 without prejudice, Plaintiff's original and amended motion for leave to file a “Third Amended 22 Complaint,” and documents in support. The following pleadings filed by Plaintiffs with respect 23 to such proceedings were inadvertently not served on Leahy: 24 (a) 5.26.2023 Filed — “Second” Amendment to Complaint. Under this pleading, 25 after learning that Honor Home Care Services California, Inc. (“Honor”), was the employer of 26 defendants Patricia Wollum and Susan Reynolds, rather than Help Unlimited, Inc., as originally 27 believed, Plaintiffs filed this amendment seeking to substitute Honor as a defendant in place of 28 Help Unlimited, Inc., and then dismissed Help Unlimited, Inc., as a defendant, without prejudice. DECLARATION OF DAVID J. TAPPEINER REGARDING SERVICE OF PROCESS ON DEFENDANT PATRICK LEAHY (b) 5.26.2023 Filed — Notice of Entry of Dismissal (of Help Unlimited, Inc.) and Proof of Service; (c) 7.5.2023 Filed — Plaintiffs’ Response to Defendants’ Patricia Wollum’s and Susan Reynold’s Notice of Motion and Motion to Strike Portions of the First Amended Complaint; (d) 7.5.2023 Filed — Plaintiffs’ Response to Defendants’ Patricia Wollum’s and Susan Reynold’s Notice of Demurrer and Demurrer to the First Amended Complaint; (e) 7.5.2023 Filed — Plaintiffs’ Response to Defendants’ Channe Coles’ and The Law Office of Channe G. Coles Notice of Motion and Motion to Strike Portions of the First 10 Amended Complaint; I (f) 7.5.2023 Filed — Plaintiffs’ Response to Defendants’ Channe Coles’ and The 12 Law Office of Channe G. Coles Notice of Demurrer and Demurrer to the First Amended 13 Complaint ; 14 (d) 7.6.2023 Filed — Plaintiff's Notice of Motion and Motion for Leave to File 15 Third Amended Complaint; Memorandum of Points and Authorities in Support; Declaration of 16 David J. Tappeiner. 7 (e) 7.6.2023 Filed — Declaration of David J. Tappeiner in Support of Plaintiffs’ 18 Motion for Leave to file Third Amended Complaint; 19 (f) 7.19.2023 Filed — Notice of Entry of Dismissal (as to Honor Home Care 20 Services California, Inc.) and Proof of Service; 21 (g) 7.25.2023 Filed — Plaintiffs’ Relpy to Opposition to Motion to Amend Filed 22 by Channe Coles and the Law Office of Channe Coles; 23 (h) 7.26.2023 Filed — Plaintiffs’ Amended Notice of Motion and Amended Motion 24 for Leave to File Third Amended Complaint; Memorandum of Points and Authorities in Support; 25 Declarations in Support; and 26 (h) 8.14.2023 Filed — Declaration of Mark Sellars in Support of Plaintiffs’ 27 Amended Motion for Leave to File Third Amended Complaint; Memorandum of Points and 28 Authorities. DECLARATION OF DAVID J. TAPPEINER REGARDING SERVICE OF PROCESS ON DEFENDANT PATRICK LEAHY 8 Although the proceedings described above and the pleadings filed in relation thereto do not affect Defendant Leahy as Plaintiffs’ proposed amended complaint includes additional factual information and exhibits in support concerning the claims against the other defendants, such pleadings should have been served on Defendant Leahy nevertheless and inadvertently were not. It should be noted that Defendant Leahy has not participated in this case for almost a year now and has refused and/or failed to communicate with Plaintiffs’ counsel, or to respond to multiple attempts to reach Defendant Leahy by telephone. 9 Furthermore, all of the issues raised in the proceedings and pleadings referenced above have been incorporated into Plaintiffs’ Notice of Motion and Motion for Leave to File 10 Second Amended Complaint and the Declarations Filed in Support Thereof, all of which were I served on Defendant Leahy on September 7, 2023. Accordingly, Defendant Leahy has suffered 12 no prejudice by not having been served with the pleadings referenced herein and, to the extent 13 Defendant Leahy has grounds to object to Plaintiffs’ Motion for Leave to file their Second 14 Amended Complaint, Defendant Leahy has the opportunity to do so now. 15 10. On September 13, 2023, all of the pleadings identified above were served to all 16 addresses known for Defendant Leahy and the most recent known active email address for 17 Defendant Leahy. 18 I declare under penalty of perjury under the laws of the State of California that the wet - 19 foregoing is true and correct. Executed at Santa Ba i, Californi ia this 13" day of September ) — 20 2023. 21 22 David J. Tappeiner 23 24 25 26 27 28 DECLARATION OF DAVID J. TAPPEINER REGARDING SERVICE OF PROCESS ON DEFENDANT PATRICK LEAHY PROOF OF SERVICE MARK SELLARS vs PATRICK LEAHY, ET AL. Santa Barbara County Superior Court - Anacapa Division - Case No. 20CV04132 Tam employed in the County of Santa Barbara, State of California. I am over the age of 18 and not a party to the within action; my business address is 125 East Victoria St., Suite I, Santa Barbara, California 93101. My electronic service address is lizabeth@dtlawpartners.com On September 13, 2023, I caused to be served the foregoing document described as: DECLARATION OF DAVID J. TAPPEINER REGARDING SERVICE OF PROCESS ON DEFENDANT PATRICK LEAHY on the persons below by delivering 0 the original ) true copies thereof, as follows: 10 Attorney for Defendants Channe Coles and Attorneys for Defendants Patricia Wollum Law Office of Channe Coles and Susan Reynolds ll Gregory K. Sabo, Esq. R. Chris Kroes Issa Mikel, Esq. 12 The Law Offices of McCarthy & Kroes Chapman Glucksman 13 125 East Victoria St. Suite A 11900 West Olympic Boulevard, Suite 800 Santa Barbara, CA 93101 Los Angeles, CA 90064-0704 14 Chris@mcecarthykroes.com ervice@cgdrlaw.com amanda@mccarthykroes.com gsabo@cgdrlaw.com: 15 esmeralda@mccarthykroes.com imikel@cgdrlaw.com 16 lahijaniha@cgdrlaw.com 17 Defendant — in Pro Per Defendant — in Pro Pe: Patrick Leahy Patrick Leahy 18 c/o Knight Broadcasting 961 Randolph Road Santa Barbara, CA 93111 1101 S. Broadway STE C 19 Santa Maria, CA 93454 patsprod@yahoo.com 20 BY MAIL (U.S. POSTAL SERVICE): 21 0 I deposited the sealed envelopes with the U.S. Postal Service with postage fully 22 prepaid. [I I placed the envelope for collection and mailing on the date and at the place as 23 indicated herein following our ordinary business practices. I am readily familiar with this 24 business’s practice for collecting and processing correspondence/documents for mailing. On the same day that it is placed for collection and mailing, it is deposited in the ordinary course of 25 business with the U.S. Postal Service in sealed envelopes with postage fully prepaid. 26 O BY PERSONAL SERVICE: Such envelopes were hand-delivered to the addressees on the 27 Service List, below. 28 DECLARATION OF DAVID J. TAPPEINER REGARDING SERVICE OF PROCESS ON DEFENDANT PATRICK LEAHY O BY EMAIL-PDF TRANSMISSION: | electronically served the document listed above to the electronic service addresses of the persons as shown above. O BY OVERNIGHT DELIVERY SERVICE: | deposited such envelopes for collection by FedEx, in Santa Barbara, CA, sealed in an envelope or package designated by FedEx, addressed as indicated on the Service List below, and with fees paid for overnight delivery. (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on September 13, 2023, at Santa Barbara, C: ria. “eds: ON izabet] Seidel 10 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF DAVID J. TAPPEINER REGARDING SERVICE OF PROCESS ON DEFENDANT PATRICK LEAHY