Preview
1 || MILES B. COOPER, SBN209085
EMISON HULLVERSON LLP
2 | 1005 Sansome Street, Suite 330 ELECTRONICALLY
San Francisco, California 94111
3 Telephone: 415-434-2111 s F I L ED
4 |] Facsimile: 415-434-2112 County of San Francisco
miles@emisonhullverson.com JUL 30 2014
5
Clerk of the Court
BY: VANESSA WU
6 || ATTORNEYS FOR PLAINTIFFS Deputy Clerk
NATHAN MARSHALL and
7 | ALEX MARSHALL
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SAN FRANCISCO
10
NATHAN MARSHALL and ALEX CASE NO, CGC-12-521356
11 || MARSHALL, individually and as successors in
interest to decedents DENNIS T. MARSHALL | PLAINTIFFS THE MARSHALLS’
12 | and KAREN MARSHALL, ERRATA TO THEIR OPPOSITION TO
DEFENDANT SELBY AND HUDSON
13 Plaintiffs, CORPORATION’S MOTION FOR
14 SUMMARY JUDGMENT
v.
15] DESOTO CAB COMPANY, INC., FAEGH Date: August 12, 2014
BEHBAHANI, SELBY AND HUDSON Time: 9:30 am.
16 | CORPORATION, and DOES 1-20, inclusive, Judge: Hon. Ernest H. Goldsmith
17 Defendants. Case Filed: June 5, 2012
is Trial Date: October 6, 2014
19
20
21 || In highlighting the Court’s courtesy copy, plaintiffs’ counsel noted the following items that need
22 || to be corrected.
23 Plaintiffs’ The Marshalls’ disputed material fact (MDF) 88 cites bates DEFO00089. The
24 |] page citation to be to DEFO00088
25 MDF 108 and 109 states that all directors and officers are shareholders in both
26 || companies. It should be corrected to say all but Robert Oppenheimer and Michael Williams are
27 || currently shareholders in both companies. Robert Oppenheimer’s shares were transferred to a
28 || trust. The date of this transfer is unclear from the stock ledger. Michael Williams passed away.
-l-
PLAINTIFFS THE MARSHALLS’ ERRATA TO THEIR OPPOSITION TO DEF SELBY & HUDSON
CORPORATION’S MOTION FOR SUMMARY JUDGMENTwr
6
The date he died is also unclear from the stock ledger. Ex. 13, Exhibit 13 to MBE, Selby and
Hudson stock ledger, page 2
MDF 129 should cite pages 59-60, not-page 49,
MDF 159: Exhibit 1, Hansu Kim’s deposition excerpts, was missing page 50, It is
attached to this Errata.
DATED: July 29, 2014
Respectfully submitted,
EMISON HULLVERSON LLP
Miles B, Cooper
Attorneys for Plaintiffs
De
PLAINTIFFS THE MARSHALLS’ ERRATA TO THEIR OPPOSITION TO DEF SELBY & HUDSON
CORPORATION'S MOTION FOR SUMMARY JUDGMENTHansu Kim
June 6, 2013
were there other debts --
“BL Oh, ‘yes.
Qo uss that! needed ‘to be negotiated?
A. Oh, yes... There was moneys. owed for loans from
Bank ofthe West. And so----and ‘there was money owed to
Selby and. Hudson: Selby and “Hudson lent money.-to: DeSoto
Cab,..DeSeto Cab-hadn!t paid-itvback.
©. Side note: The Bank of the West loan, what was
that secured by?
A. The Bank of the West loan, I don't -- I think
that was secured by -~- I don't think it was secured.
Yeah. T think the Bank of the West loan was a line of
credit that they had. And they had two. One was called
the Sedley loan and one was Bank of the West. TI have to
double-check on that, so T'm not sure.
Q. % think there may have been three. The Sedley,
Bank of the West, and then another one that actually was
a line of the credit. Bank of the West actually looked
like it was a more traditional loan, that had been
secured by the property at some point.
A, It could have been, But I think the property
at some point, with Selby and Hudson, I don't ~- I think
at some point that was taken off or something Like that.
But the two main loans I'm aware of, those two..
The other one was a line of credit. I'm not considering
Page 50
THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.comrn
PROOF OF SERVICE
1am employed in the City and County of San Francisco, State of California. Lam over 18 years of age and
hot a party to this action. My business address is Emison Hullverson LLP, 1005 Sansome Street, Suite
330, San Francisoo, CA 94111.
On the date below I served a true copy of the following document(s):
PLAINTIFFS THE MARSHALLS’ SEPARATE STATEMENT OF DISPUTED FACTS IN
SUPPORT OF THEIR OPPOSITION TO DEFENDANT SELBY AND HUDSON
CORPORATION’S MOTION FOR SUMMARY JUDGMENT
on the interested parties to said action by the following means:
[| (BY MAIL) By placing a true copy of the above, enclosed in a sealed envelope with appropriate
~ postage, for collection and mailing following our ordinary business practices. | am readily familiar
with (his business's practice for collecting and processing correspondence for mailing, On the
same day that the correspondence is placed for collection and mailing, it is deposited in the
ordinary course of business with the United States Postal Service, in a.sealed envelope with
postage fully prepaid,
[] (BY OVERNIGHT DELIVERY) By placing a true copy of the above, enclosed ina sealed
envelope for guaranteed overnight delivery.
[-_] GY FACSIMILE TRANSMISSION) By transmitting a true copy of the above by facsimile
transmission from facsimile number (415) 434-2112 to the attorney(s) or party(ies) shown below,
(BY HAND DELIVERY) By personal delivery of a true copy of the above to the attorneys or
parties shown below
(BY E-MAIL or ELECTRONIC TRANSMISSION) Based on.a court order or an agreement of
the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent
to the persons at the e-mail addresses listed below, 1 did not receive, within a reasonable period of
time, afier the transmission, any electronic message or other indication that the transmission was
unsuccessful,
Philip A. Segal, Esq. David M, King, Esq.
phii@kndslaw.com dkine@carr-meclellan.com
Kern, Noda, Devine & Segal Carr McLellan Ingersoll Thompson & Horn
1388 Sutter Street, Suite 600 216 Park Road.
San Francisco, CA 94109 Burlingame, CA 94010
Fax No. (415).474-0302 Fax No. (650) 342-7685
Attorneys for Defendant DeSoto Cab Attorneys for Dejendant Selby & Hudsan
Company, ine. and Faegh Behbaheni Corporation
i deciare under penalty of perjury under the law of the State of California that the foregoing is true and
correct,
DATED: fuly 30,2014 Chuik site helt
Christy Marty-Hol
Preview
1 || MILES B. COOPER, SBN209085 EMISON HULLVERSON LLP 2 | 1005 Sansome Street, Suite 330 ELECTRONICALLY San Francisco, California 94111 3 Telephone: 415-434-2111 s F I L ED 4 |] Facsimile: 415-434-2112 County of San Francisco miles@emisonhullverson.com JUL 30 2014 5 Clerk of the Court BY: VANESSA WU 6 || ATTORNEYS FOR PLAINTIFFS Deputy Clerk NATHAN MARSHALL and 7 | ALEX MARSHALL 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN FRANCISCO 10 NATHAN MARSHALL and ALEX CASE NO, CGC-12-521356 11 || MARSHALL, individually and as successors in interest to decedents DENNIS T. MARSHALL | PLAINTIFFS THE MARSHALLS’ 12 | and KAREN MARSHALL, ERRATA TO THEIR OPPOSITION TO DEFENDANT SELBY AND HUDSON 13 Plaintiffs, CORPORATION’S MOTION FOR 14 SUMMARY JUDGMENT v. 15] DESOTO CAB COMPANY, INC., FAEGH Date: August 12, 2014 BEHBAHANI, SELBY AND HUDSON Time: 9:30 am. 16 | CORPORATION, and DOES 1-20, inclusive, Judge: Hon. Ernest H. Goldsmith 17 Defendants. Case Filed: June 5, 2012 is Trial Date: October 6, 2014 19 20 21 || In highlighting the Court’s courtesy copy, plaintiffs’ counsel noted the following items that need 22 || to be corrected. 23 Plaintiffs’ The Marshalls’ disputed material fact (MDF) 88 cites bates DEFO00089. The 24 |] page citation to be to DEFO00088 25 MDF 108 and 109 states that all directors and officers are shareholders in both 26 || companies. It should be corrected to say all but Robert Oppenheimer and Michael Williams are 27 || currently shareholders in both companies. Robert Oppenheimer’s shares were transferred to a 28 || trust. The date of this transfer is unclear from the stock ledger. Michael Williams passed away. -l- PLAINTIFFS THE MARSHALLS’ ERRATA TO THEIR OPPOSITION TO DEF SELBY & HUDSON CORPORATION’S MOTION FOR SUMMARY JUDGMENTwr 6 The date he died is also unclear from the stock ledger. Ex. 13, Exhibit 13 to MBE, Selby and Hudson stock ledger, page 2 MDF 129 should cite pages 59-60, not-page 49, MDF 159: Exhibit 1, Hansu Kim’s deposition excerpts, was missing page 50, It is attached to this Errata. DATED: July 29, 2014 Respectfully submitted, EMISON HULLVERSON LLP Miles B, Cooper Attorneys for Plaintiffs De PLAINTIFFS THE MARSHALLS’ ERRATA TO THEIR OPPOSITION TO DEF SELBY & HUDSON CORPORATION'S MOTION FOR SUMMARY JUDGMENTHansu Kim June 6, 2013 were there other debts -- “BL Oh, ‘yes. Qo uss that! needed ‘to be negotiated? A. Oh, yes... There was moneys. owed for loans from Bank ofthe West. And so----and ‘there was money owed to Selby and. Hudson: Selby and “Hudson lent money.-to: DeSoto Cab,..DeSeto Cab-hadn!t paid-itvback. ©. Side note: The Bank of the West loan, what was that secured by? A. The Bank of the West loan, I don't -- I think that was secured by -~- I don't think it was secured. Yeah. T think the Bank of the West loan was a line of credit that they had. And they had two. One was called the Sedley loan and one was Bank of the West. TI have to double-check on that, so T'm not sure. Q. % think there may have been three. The Sedley, Bank of the West, and then another one that actually was a line of the credit. Bank of the West actually looked like it was a more traditional loan, that had been secured by the property at some point. A, It could have been, But I think the property at some point, with Selby and Hudson, I don't ~- I think at some point that was taken off or something Like that. But the two main loans I'm aware of, those two.. The other one was a line of credit. I'm not considering Page 50 THORSNES LITIGATION SERVICES, LLC | 877.771.3312 | www.thorsnes.comrn PROOF OF SERVICE 1am employed in the City and County of San Francisco, State of California. Lam over 18 years of age and hot a party to this action. My business address is Emison Hullverson LLP, 1005 Sansome Street, Suite 330, San Francisoo, CA 94111. On the date below I served a true copy of the following document(s): PLAINTIFFS THE MARSHALLS’ SEPARATE STATEMENT OF DISPUTED FACTS IN SUPPORT OF THEIR OPPOSITION TO DEFENDANT SELBY AND HUDSON CORPORATION’S MOTION FOR SUMMARY JUDGMENT on the interested parties to said action by the following means: [| (BY MAIL) By placing a true copy of the above, enclosed in a sealed envelope with appropriate ~ postage, for collection and mailing following our ordinary business practices. | am readily familiar with (his business's practice for collecting and processing correspondence for mailing, On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a.sealed envelope with postage fully prepaid, [] (BY OVERNIGHT DELIVERY) By placing a true copy of the above, enclosed ina sealed envelope for guaranteed overnight delivery. [-_] GY FACSIMILE TRANSMISSION) By transmitting a true copy of the above by facsimile transmission from facsimile number (415) 434-2112 to the attorney(s) or party(ies) shown below, (BY HAND DELIVERY) By personal delivery of a true copy of the above to the attorneys or parties shown below (BY E-MAIL or ELECTRONIC TRANSMISSION) Based on.a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed below, 1 did not receive, within a reasonable period of time, afier the transmission, any electronic message or other indication that the transmission was unsuccessful, Philip A. Segal, Esq. David M, King, Esq. phii@kndslaw.com dkine@carr-meclellan.com Kern, Noda, Devine & Segal Carr McLellan Ingersoll Thompson & Horn 1388 Sutter Street, Suite 600 216 Park Road. San Francisco, CA 94109 Burlingame, CA 94010 Fax No. (415).474-0302 Fax No. (650) 342-7685 Attorneys for Defendant DeSoto Cab Attorneys for Dejendant Selby & Hudsan Company, ine. and Faegh Behbaheni Corporation i deciare under penalty of perjury under the law of the State of California that the foregoing is true and correct, DATED: fuly 30,2014 Chuik site helt Christy Marty-Hol