On September 13, 2016 a
Motion-Secondary
was filed
involving a dispute between
Lalani Nailau,
and
Albert K. Clarke,
Robert M. Pickle,
Susan M. Clarke,
The Pickle Marital Trust,
for Auto Unlimited (22)
in the District Court of Santa Clara County.
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Richard E. Eichenbaum, nsq. SBN 157065
Jeff Atterbury, Esq. SBN 229462
C APUTO & VAN DER WALDE LLP
51 E. Campbell Avenue, Suite 120
Campbell, CA 95008
Jig-83;)
88:;
\OOO\]O\UI-l>U)Nt—-
fax
Fl LED
Attorneys for Plaintiff JAN 2 9 2018
LALANI NAILAU
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
Case No.: 16CV299824
LALANI
5:55,:5
NAILAU
. . . DECLARATION OF JEFF ATTERBURY
Pl mm“,
IN SUPPORT OF EX PARTE
VS'
APPLICATION FOR AN ORDER
SHORTENING TIME To HEAR
‘ SUSAN M. CLARKE and ALBERT K. PLAINTIFF’S MOTION TO CONTINUE
THE TRIAL DATE
CLARKE, et al.
a
Defendants Trial Date: March 19, 20l8
Trial Time: 9:00 am.
Location: TBD
55$
.8
I, Jeff Atterbury, declare and say as follows:
21 1. I am an attomey at law, duly licensed to practice before this court, and am an
‘1
associate attomey with Caputo & Van Der Walde LLP, and one of the attorneys representing
Plaintiff Lalani Nailau. If called as a Witness I can competently testify to my own personal
knowledge Of the facts set forth below.
2. The trial date for this case is currently set for March 19, 2018.
3. On January 25, 2018, at 2:25 pm. I sent an email to Defense counsel of record, TJ
Murray, and two of his associate attorneys, informing them that I would be appearing ex parte on
January 29, 2018 at 8:30 am. In Santa Clara County Superior Court seeking an order to continue
(‘APLJ'I‘O
& VAN DFR WALDE LLP
DECLARATION ()F.IH1~F ATTERBURY PAGE 1
51E“mm
“mm" 0‘ ”ME SUITE 12°
95‘“ “mmmm
FOR GOOD CAUSE TO SI IORTEN TIME
TO HEAR MOTION To CONTINUE TRIAL
the trial date. Mr. Murray declined to mutually agree to continue the trial date.
4. In light of the upcoming trial date of March 19, 2018, good cause exists for
shortening time to hear Plaintiff’s motion to continue the trial date to today, January 29, 2018,
Plaintiff alleges that Defendant Susan Clarke fraudulently conveyed a piece of real property, with
OOOQQM-mr—t
in excess of $650,000 of equity contained therein, that otherwise would have been the centerpiece
of Defendant Susan Clarke’s “financial condition” as it relates to punitive damages at her trial.
Without evidence of this real property, Defendant Susan Clarke’s financial condition reveals that
she doesn’t otherwise have any assets of significance.
5. Defendant Susan Clarke also has not completed her discovery obligations under this
Court’s order with respect to financial documents pursuant to Cal. Civ. Code section 3295.
(35:8,,Furthermore, Defendant is refusing to turn over a copy of the trust that the real property was
fraudulently conveyed into. In addition, a further deposition of the Plaintiff is required to go over
newly produced financial documents, yet there is an unknown delivery date for production of these
14 documents from the Defendant.
6. Plaintiff has also been required to file a second lawsuit against Defendant Susan
16 Clarke (along with
i
other co-conspirators) to void the fraudulent transfers under the Uniform
17 Fraudulent Transfer Act. This lawsuit is encapsulated under Docket #18CV321960.
18 7. As such, due to the above, Plaintiff is not ready to proceed to trial, and would be
19 prejudiced if required to do so, in that, an artificially low (and untrue) snapshot of Defendant Susan
Clarke’s financial condition would be presented to a jury, to the Plaintiff" s detriment.
21 8. Good cause exists to shorten time to hear this motion on January 29, 2018, so that
‘
Plaintiff can work to resolve the above stated issues and also seek to consolidate the complaint for
damages (16CV299824) with the new complaint that seeks to void the fraudulent transfers
(18CV321960).
I declare under penalty of perjury under the laws of the State of alifomia that
foregoing is true and correct. Executed this 26‘h day of January 2018, at Ca p
(iAPlI‘l'O & VAN DER WALDE [LP
DECLARATION OF JEFF A'l'l'ERBlJRY PAGE 2
51 “mm
“mm'
13- ““011 SW
C" 9m
120
‘4°8)733'°‘°°
FOR GOOD CAUSE TO SHORTEN TIME
TO HEAR MOTION TO CONTINUE TRIAL
Document Filed Date
January 29, 2018
Case Filing Date
September 13, 2016
Category
Auto Unlimited (22)
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Richard E. Eichenbaum, nsq. SBN 157065 Jeff Atterbury, Esq. SBN 229462 C APUTO & VAN DER WALDE LLP 51 E. Campbell Avenue, Suite 120 Campbell, CA 95008 Jig-83;) 88:; \OOO\]O\UI-l>U)Nt—- fax Fl LED Attorneys for Plaintiff JAN 2 9 2018 LALANI NAILAU SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA Case No.: 16CV299824 LALANI 5:55,:5 NAILAU . . . DECLARATION OF JEFF ATTERBURY Pl mm“, IN SUPPORT OF EX PARTE VS' APPLICATION FOR AN ORDER SHORTENING TIME To HEAR ‘ SUSAN M. CLARKE and ALBERT K. PLAINTIFF’S MOTION TO CONTINUE THE TRIAL DATE CLARKE, et al. a Defendants Trial Date: March 19, 20l8 Trial Time: 9:00 am. Location: TBD 55$ .8 I, Jeff Atterbury, declare and say as follows: 21 1. I am an attomey at law, duly licensed to practice before this court, and am an ‘1 associate attomey with Caputo & Van Der Walde LLP, and one of the attorneys representing Plaintiff Lalani Nailau. If called as a Witness I can competently testify to my own personal knowledge Of the facts set forth below. 2. The trial date for this case is currently set for March 19, 2018. 3. On January 25, 2018, at 2:25 pm. I sent an email to Defense counsel of record, TJ Murray, and two of his associate attorneys, informing them that I would be appearing ex parte on January 29, 2018 at 8:30 am. In Santa Clara County Superior Court seeking an order to continue (‘APLJ'I‘O & VAN DFR WALDE LLP DECLARATION ()F.IH1~F ATTERBURY PAGE 1 51E“mm “mm" 0‘ ”ME SUITE 12° 95‘“ “mmmm FOR GOOD CAUSE TO SI IORTEN TIME TO HEAR MOTION To CONTINUE TRIAL the trial date. Mr. Murray declined to mutually agree to continue the trial date. 4. In light of the upcoming trial date of March 19, 2018, good cause exists for shortening time to hear Plaintiff’s motion to continue the trial date to today, January 29, 2018, Plaintiff alleges that Defendant Susan Clarke fraudulently conveyed a piece of real property, with OOOQQM-mr—t in excess of $650,000 of equity contained therein, that otherwise would have been the centerpiece of Defendant Susan Clarke’s “financial condition” as it relates to punitive damages at her trial. Without evidence of this real property, Defendant Susan Clarke’s financial condition reveals that she doesn’t otherwise have any assets of significance. 5. Defendant Susan Clarke also has not completed her discovery obligations under this Court’s order with respect to financial documents pursuant to Cal. Civ. Code section 3295. (35:8,,Furthermore, Defendant is refusing to turn over a copy of the trust that the real property was fraudulently conveyed into. In addition, a further deposition of the Plaintiff is required to go over newly produced financial documents, yet there is an unknown delivery date for production of these 14 documents from the Defendant. 6. Plaintiff has also been required to file a second lawsuit against Defendant Susan 16 Clarke (along with i other co-conspirators) to void the fraudulent transfers under the Uniform 17 Fraudulent Transfer Act. This lawsuit is encapsulated under Docket #18CV321960. 18 7. As such, due to the above, Plaintiff is not ready to proceed to trial, and would be 19 prejudiced if required to do so, in that, an artificially low (and untrue) snapshot of Defendant Susan Clarke’s financial condition would be presented to a jury, to the Plaintiff" s detriment. 21 8. Good cause exists to shorten time to hear this motion on January 29, 2018, so that ‘ Plaintiff can work to resolve the above stated issues and also seek to consolidate the complaint for damages (16CV299824) with the new complaint that seeks to void the fraudulent transfers (18CV321960). I declare under penalty of perjury under the laws of the State of alifomia that foregoing is true and correct. Executed this 26‘h day of January 2018, at Ca p (iAPlI‘l'O & VAN DER WALDE [LP DECLARATION OF JEFF A'l'l'ERBlJRY PAGE 2 51 “mm “mm' 13- ““011 SW C" 9m 120 ‘4°8)733'°‘°° FOR GOOD CAUSE TO SHORTEN TIME TO HEAR MOTION TO CONTINUE TRIAL