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MICHAEL S. DANKO, ESQ. SBN 111359 Electrunicafly
mdank0@dankolaw.com Cum: afflalfiwnmrflnunry nflan
Supen-nr
b}- Matau-
SHAWN R. MILLER, ESQ. SBN 238447 flm 2/11/2020
smiller@dank01aw.com
DANKO MEREDITH BY s
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333 Twin Dolphin Drive, Suite 145
Redwood Shores, CA 94065
Telephone: (650) 453-3600
Facsimile: (650) 394-8672
Attorneys for Plaintiffs
BRYAN TRUJILLO and CINDY TRUJILLO
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 IN AND FOR THE COUNTY OF SAN MATEO
11 UNLIMITED CIVIL JURISDICTION
12 BRYAN TRUJILLO and CINDY TRUJILLO, Case N0. 18CIV01901
13 Plaintiffs, DECLARATION OF SHAWN R. MILLER IN
SUPPORT OF PLAINTIFFS’ OPPOSITION
14 V. TO DEFENDANTS STEPHEN MAGEE’S
AND SAC AERO FLYING CLUB, INC.’S
15 STEPHEN MAGEE, SAC AERO FLYING MOTION TO WITHDRAW AND AMEND A
CLUB, INC., AND DOES 1 -
50, REQUEST FOR ADMISSION RESPONSE.
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Defendants
17 Date: February 26, 2020
Time: 9:00 a.m.
18 Dept: Law and Motion
19 Complaint filed: April 17, 2018
Trial Date: February 10, 2020
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22 I, Shawn R. Miller, declare as follows:
23 1. I am an attorney with Danko Meredith, attorney 0f record for Plaintiffs. Ihave personal
24 knowledge of the following facts as a result 0f my being an attorney working on this matter and as a
25 result 0f my representation of Plaintiffs in this action and, if called as a witness, would and could
26 truthfully and competently testify thereto.
27 2. On October 25, 2019, Defendants Magee and Sac Aero Flying Club, Inc. served four, late
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DECLARATION OF SHAWN R. MILLER IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO
DEFENDANTS STEPHEN MAGEE’S AND SAC AERO FLYING CLUB, INC.’S MOTION TO
WITHDRAW AND AMEND A REQUEST FOR ADMISSION RESPONSE.
motions to compel discovery. Iretrieved the Notices of Motions for these four motions. A true and
correct copy of these Notices are collectively attached hereto as Exhibit A.
3. The hearing dates set for allfour 0f defendants’ late discovery motions was December 9, 2019,
approximately one month after the November 4, 2019 initial trial date for this matter.
4 Idrafted and directed staff to serve oppositions t0 all four of defendants’ late discovery motions
by overnight delivery on November 22, 2019. Iretrieved copies of the proofs 0f service from the
firm’s file maintained in the matter, a true and correct copy of Which are collectively attached hereto as
Exhibit B.
5. Plaintiffs oppositions to these four, late discovery motions were filed With the court.
10 6. Three days later, on November 25, 2019, counsel for defendant sent an email advising their
11 four discovery motions were “off calendar.” Iretrieve from the firm’s file in this matter a copy of this
12 November 25, 2019 email, a true and correct copy 0f which is attached hereto as Exhibit C.
13 7. I checked the court-maintained register 0f actions and discovered defendant never filed the
14 four, late discovery motions set to be heard on December 9, 2019.
15 8. Then, months later, defendant served and filed three additional late motions 0n December 20,
16 2019 With hearing dates 0n February 26, 2020. One 0f these resurrected the prior four late,served-but-
17 unfiled, discovery motions and another involves the motion at issue herein — Defendants’ Motion t0
18 Withdraw and Amend a Request for Admission Response. Defendants set the hearing on this stack 0f
19 motions for February 26, 2020, more than two weeks after the February 10, 2020 continued trialdate
20 set by the court after the parties appeared for the November 4, 2019 initial trial calland answer they
21 were ready for trial.
22 9. I appeared to oppose defendants January 3, 2020 ex parte seeking t0 advance the February 26,
23 2020 hearing date.
24 10. The court denied all three motions as being without good cause leaving all three motions 0n
25 calendar for February 26, 2020. I received a copy of the ex parte order from the court at the ex parte
26 application hearing, a true and correct copy 0f which is attached hereto as Exhibit D.
27 11. On February 10, 2020, the parties appeared again for trial call and the matter was continued t0
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DECLARATION OF SHAWN R. MILLER IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO
DEFENDANTS STEPHEN MAGEE’S AND SAC AERO FLYING CLUB, INC.’S MOTION TO
WITHDRAW AND AMEND A REQUEST FOR ADMISSION RESPONSE.
March 30, 2020 as a result 0f a lack of available judges.
12. On February 10, 2020, I opened the GeoTracker website found at
https://geotracker.waterb0ards.ca.gov/ and located the Trujillo’s “case,” 19048, 0n the website. Ithen
navigated to the chronology of “Regulatory Activities” and saved the webpage as a PDF file. Ithen
highlighted the two line items found at February 1, 2017 and March 3, 2017. Given the small text 0f
these items, I extracted an image 0f these two items and enlarged the image and attached this enlarged
image as an extra page at the end 0f the PDF file for ease of reading. A true and correct copy 0f the
website’s “Regulatory Activities” page with additional highlighting is attached hereto as Exhibit G.
13. The document linked t0 the February 1,2017 line item 0n the GeoTracker website’s
10 “Regulatory Activities” chronology attached hereto as Exhibit H, is same February 1,2017 Soil
11 Excavation Report attached t0 Mr. Berman’s Deposition as described below and attached t0 hereto as
12 Exhibit F.
13 14. The document linked t0 the March 3, 2017 line item 0n the GeoTracker website’s “Regulatory
14 Activities” chronology is a letter from Anne Jurek of the San Mateo County’s Groundwater Protection
15 Program directed t0 Defendant Sa Aero Flying Company care of Don Honigman, prior counsel for
16 Defendant, directing the electronic submission 0f a work plan t0 the GeoTracker website. A true and
17 correct copy of this March 3, 2017 Letter to Defendant as retrieved is attached hereto as Exhibit H.
18 15. On February 10, 2020, I called and spoke With Ms. Marlow, deputy county counsel who wrote
19 the November 13, 2019 public records request response t0 defendants’ counsel. She informed me When
20 she responded t0 defendants’ public records request that there was no permit for the French drain on
21 plaintiffs’ property, she was providing a straight forward response t0 a public records request. She also
22 informed me that in responding to the request from defendants, that she learned from the San Mateo
23 County Building Department’s staff that San Mateo County does not require a permit for French
24 drains. Therefore, no permit was located for the Trujillo’s property’s French drain because none was
25 required.
26 16. As an associate assigned t0 this matter, 1am familiar with the firm’s file regarding the matter. I
27 also retrieved the following additional documents from the firm’s file maintained in this matter:
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DECLARATION OF SHAWN R. MILLER IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO
DEFENDANTS STEPHEN MAGEE’S AND SAC AERO FLYING CLUB, INC.’S MOTION TO
WITHDRAW AND AMEND A REQUEST FOR ADMISSION RESPONSE.
a. the October 21, 2019 Deposition Transcript of Benjamin Berman, true and correct copy
of excerpts of which are attached hereto as Exhibit E; and
b. the February 1, 2017 Soil Excavation Report completed by Mr. Berman and attached by
counsel for defendants as Exhibit 7 to Mr. Berman’s deposition, a true and correct copy of
excerpts of which are attached hereto as Exhibit F.
\OOOQONUI-b
Ideclare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
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Dated: February _|l_, 2020 fi‘fi Shawn R. Miller
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*DE‘CLYARA'HSN ?OFASHAQNR MILLER VI’NVV’sUfPOfiT OF’PLXI’fiiiFs’
OPPOSITiBN To
DEFENDANTS STEPHEN MAGEE’S AND SAC AERo FLYING CLUB, INCJS MOTION To
WITHDRAW AND AMEND A REQUEST FOR ADMISSION RESPONSE.
EXHIBIT A
GARRY L. MONTANARI, State Bar No. 89790
JOHN H. MOON, State Bar No. 253811
MICHAELIS, MONTANARI & JOHNSON, P.C.
4333 Park Terrace Dr. #1 10
Westlake Village, CA 9 1 3 61
'
Telephone No.: (818) 865-0444
Attorneys for Defendants, STEPHEN MAGEE
and SAC AERO CLUB FLYING, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
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BRYAN TRUJILLO and CINDY CASE NO.: 18CIV01901
12
TRUJILLO, Judge: Honorable Robert D. Foiles; Dept. 21
Plaintiffs,
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NOTICE OF MOTION AND MOTION
FOR ORDER TO DEEM ALL
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VS.
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REQUESTS ADMITTED RE
15 REQUESTS FOR ADMISSION (SET
STEPHEN MAGEE, SAC AERO FLYING NO. ONE); DECLARATION OF JOHN
vvvvvvvvvvvvvvvv
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CLUB, INC. and DOES 1 —
50, H. MOON AND EXHIBITS
Defendants. Date: December 2019
l7 9,
Time: 9:00 a.m.
18 Dept: Law and Motion
Complaint filed: April 17, 201 8
l9 Trial Date: November 4, 20 1.9
20 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD.
21 PLEASE TAKE NOTICE that on December 9, 20 1 9 at 9:00 a.m., or as soon thereafter as the
22 matter may be heard in Department Law and Motion of the above—entitled court, located at 400
23 County Center, Redwood City, CA 94063, defendants STEPHEN MAGEE and SAC AERO CLUB
24 FLYING, INC. (collectively, “DEFENDANTS”), will and hereby does move for an order to deem
25 admitted each and every Requests for Admissions, in Set N0. One, DEFENDANTS have
26 propounded upon plaintiff CINDY TRUJILLO (“PLAINTIFF”), without obj ection.
27 / / /
/ / /
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MOTION FOR ORDER TO DEEM ALL REQUESTS ADMITTED RE REQUESTS FOR ADMIS SION (SET NO. ONE)
This motion will be made pursuant to Code of Civil Procedure section 2033.280,
subdivisions (a) and (b), on the grounds that no responses were provided.
DATED: October 25, 2019 MICHAELIS, MONTANARI & JOHNSON
I...
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By:
JOHN H. MOON
Attorneys for Defendants,
STEPHEN MAGEE and SAC AERO CLUB
FLYING, INC.
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MOTION FOR ORDER TO DEEM ALL REQUESTS ADMITTED RE REQUESTS FOR ADMIS SION (SET NO. ONE)
r-
PROOF 0F SERVICE
STATE 0F CALIFORNIA )
) s.s.
COUNTY 0F Los ANGELES )
Iam employed in the County of Los Angeles, State of California. 1am over the age of 18
and not a party to the Within action; my business address is 4333 Park Terrace Dr. #1 10, Westlake
Village, California 9 1 3 61 .
On October 25 ,
20 1 9, I served the foregoing document described as NOTICE OF MOTION
AND MOTION FOR ORDER TO DEEM ALL REQUESTS ADMITTED RE REQUESTS
FOR ADMISSION (SET NO. ONE); DECLARATION 0F JOHN H. MOON AND EXHIBITS
on the interested parties in this action by placing a true copy thereof in a sealed envelope With
postage thereon fully prepaid in the United States mail at Westlake Village, California, addressed
as follows:
lO SEE EXHIBIT “A” ATTACHED HERETO
ll [X] (MAIL) I deposited such envelope addressed in the mail at Westlake Village, California.
The envelope was mailed with postage thereon fully prepaid. I am “readily familiar” with firm's
12 practice of collection and processing correspondence for mailing. It is deposited with U.S. postal
service on that same day in the ordinary course 0f business. I am aware that on motion of pafiy
l3 served, service ispresumed invalid ifpostal cancellation date or postage meter date is more than 1
day after date of deposit for mailing in affidavit.
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ls [] (ELECTRONIC TRANSFER) I caused all ofthe pages of the above—entitled document to
be sent to the recipient noted below via electronic transfer (email) at the respective email address
16 indicated below.
l7 [] (BY ELECTRONIC TRANSFER) I caused all ofthe pages ofthe above-entitled document
to be sent to the recipients noted below Via electronic transfer (FAX) at the respective telephone
18 numbers indicated below.
l9 [] (FEDERAL EXPRESS) I deposited such envelope addressed at the Federal Express office
located at Westlake Village, California. The envelope was mailed fully prepaid. I am “readily
20 familiar” with firm’s practice of collection and processing correspondence for mailing
With Federal
Express. It is deposited with the Westlake Village Federal Express service on
that same day in the
21 ordinary course ofbusiness. I am aware that on motion ofparty served, service is presumed
invalid
if cancellation date is more than 1 day after date of deposit for overnight mailing in affidavit.
22
23 I declare under penalty ofpeljury under the laws ofthe State of California that the foregoing
is true and correct.
24
25 Executed on October 25, 2019 at Westlake Village, California.
26
Barbara Haussmann, CCLS
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EXHIBIT “A”
Michael S. Danko, Esq. Attorneys for Plaintiffs
Danko Meredith
333 Twin Dolphin Dr. #145
Redwood Shores, CA 94065
tel: (650) 453-3600; fax: (650) 394-8672
Email: mdanko@dankolaw.com
Ashley E. Bauerle, Esq. Attorneys for Plaintiff-in-Intervention
Cozen O’Connor
501 West Broadway #1610
San Diego, CA 92101
tel: (800) 782-3366; fax: (619) 234-7831
Email: abauerle@cozen.com
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GARRY L. MONTANARI, State Bar No. 89790
JOHN H. MOON, State Bar No. 253811
MICHAELIS, MONTANARI & JOHNSON, P.C.
4333 Park Terrace Dr. #1 10
Westlaké Village, CA 91361
Telephone No.2 (8 1 8)865-0444
Attorneys for Defendants, STEPHEN MAGEE
and SAC AERO CLUB FLYING, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
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BRYAN TRUJILLO and CINDY CASE NO.: 18CIV01901
12
TRUJILLO, Judge: Honorable Robert D. Foiles; Dept. 21
Plaintiffs,
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NOTICE 0F MOTION AND MOTION
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VS. FOR TO COMPEL RESPONSES RE
REQUEST FOR PRODUCTION (SET
15 N0. THREE) PROPOUNDED UPON
STEPHEN MAGEE, SAC AERO FLYING BRYAN TRUJILLO;
vvvvvvvvvvvvvvvvv
DECLARATION
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CLUB, INC. and DOES 1 —
50, OF JOHN H. MOON AND EXHIBITS
Defendants.
l7
Date: December 9, 2019
18 Time: 9:00 a.m.
Dept: Law and Motion
l9 Complaint filed: April 17, 2018
Trial Date: November 4, 2019
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TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD.
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PLEASE TAKE NOTICE that on December 9, 20 1 9 at 9:00 a.m., or as soon thereafter as the
23
matter may be heard in Department Law and Motion of the above—entitled court, located at 400
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County Center, Redwood City, CA 94063, defendants STEPHEN MAGEE and SAC AERO CLUB
FLYING, INC. (collectively, “DEFENDANTS”), will and hereby does move for an order compelling
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plaintiffBRYAN TRUJILLO (“PLAINTIFF”) to provide further responses to the DEFENDANTS’
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Request for Production of Documents (Set No. Three), without obj ection.
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VIOTION FOR ORDER TO COMPEL RESPONSES RE REQUEST FOR PRODUCTION (SET NO. THREE)
This motion wil-lbe made pursuant to Code of Civil Procedure
section 203 1.3 1 O et seq., on
the grounds that further responses are requi
red.
DATED: October 25, 2019
MICHAELIS, MONTANARI & JOHNSON
By: /
/ //\.
A
“JOHN H. MO ON
Attfimeys for Defendants,
STEPHEN MAGEE and SAC AERO CLUB
FLYING, INC.
9 N:\1 75 1 7\pld\p-mtn.compel.rfp.B.wpd
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OTION FOR ORDER TO CONEPEL RESPONSES RE
REQUEST FOR PRODUCTION (SET NO. THREE)
PROOF 0F SERVICE
STATE 0F CALIFORNIA )
) s.s.
COUNTY 0F Los ANGELES )
I am employed in the County of Los Angeles, State of California. I am over the age 0f 18
and not a party to the within action; my business address is 4333 Park Telrace Dr. #1 10, Westlake
Village, California 91361.
On October 25 ,
20 19, I served the foregoing document described as NOTICE OF MOTION
AND MOTION FOR TO COMPEL RESPONSES RE REQUEST FORPRODUCTION (SET
NO. THREE) PROPOUNDED UPON BRYAN TRUJILLO; DECLARATION 0F JOHN H.
MOON AND EXHIBITS on the interested parties in this action by placing a true copy thereof in
a sealed envelope with postage thereon fully prepaid in_the United States mail at Westlake Village,
California, addressed as follows:
lO SEE EXHIBIT “A” ATTACHED HERETO
ll [X] (MAIL) I deposited such envelope addressed in the mail at Westlake Village, California.
The envelope was mailed with postage thereon fully prepaid. I am “readily familiar” with firm's
12 practice of collection and processing correspondence for mailing. It is deposited With UgS. postal
service 0n that same day in the ordinary course of business. I am aware that on motion of party
l3 served, service is presumed invalid if postal cancellation date or postage meter date ismore than 1
day after date 0f deposit for mailing in affidavit.
l4
15 [] (ELECTRONIC TRANSFER) I caused all ofthe pages ofthe above-entitled document to
be sent to the recipient noted below via electronic transfer (email) at the respective email address
l6 indicated below.
l7 [] (BY ELECTRONIC TRANSFER) I caused all ofthe pages ofthe above-entitled document
to be sent to the recipients noted below via electronic transfer (FAX) at the respective telephone
18 numbers indicated below.
l9 [] (FEDERAL EXPRESS) I deposited such envelope addressed at the Federal Express office
located at Westlake Village, California. The envelope was mailed fully prepaid. I am “readily
2O familiar” with firm’s practice of collection and processing correspondence for mailing with Federal
Express. It isdeposited with the Westlake Village Federal Express service on that same day in the
21 ordinary course ofbusiness. I am aware that on motion ofparty served, service is presumed invalid
ifcancellation date is more than 1 day after date of deposit for overnight mailing in affidavit.
22
23 Ideclare under penalty ofperjury under the laws ofthe State of California that the foregoing
is true and correct.
24
25 Executed on October 25, 2019 at Westlake Village, California.
26
Barbara Haussmann, CCLS
27_
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EXHIBIT “A”
Michael S. Danko, Esq. Attorneys for Plaintiffs
Danko Meredith
333 Twin Dolphin Dr. #145
Redwood Shores, CA 94065
tel: (650) 453—3600; fax: (650) 394-8672
x
Email: mdanko@dankolaw.com
Ashley E. Bauerle, Esq; Attorneys for Plaintiff-in-Intervention
Cozen O’Connor
501 West Broadway #1610
San Diego, CA 92101
tel: (800) 782-3366; fax: (619) 234-7831
Email: abauerle@cozen.com
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GARRY L. MONTANARI, State Bar N0. 89790
JOHN H. MOON, State Bar No. 253811
MICHAELIS, MONTANARI & JOHNSON, P.C.
4333 Park Terrace Dr. #1 10
Westlake Village, CA 9 1 361
Telephone No.2 (81 8) 865-0444
Attorneys for Defendants, STEPHEN MAGEE
and SAC AERO CLUB FLYING, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNLA
COUNTY OF SAN MATEO
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BRYAN TRUJILLO and CINDY CASE NO.: 18CIV01 901
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TRUJILLO, Judge: Honorable Robert D. Foiles; Dept. 21
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Plaintiffs, NOTICE OF MOTION AND MOTION
FOR TO COMPEL RESPONSES RE
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VS. REQUEST FOR PRODUCTION (SET
NO. THREE) PROPOUNDED UPON
15 CINDY TRUJILLO;
Vvvvvvvvvvvvvvv
DECLARATION
STEPHEN MAGEE, SAC AERO FLYING 0F JOHN H. MOON AND EXHIBITS
16
CLUB, INC. and DOES 1 —
50,
Date: December 9, 2019
1'7
Defendants. Time: 9:00 a.m.
Dept: Law and Motion
l8 Complaint filed: April 17, 2018
Trial Date: November 4, 2019
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20 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD.
21 PLEASE TAKE NOTICE that on December 9, 20 1 9 at 9:00 a.m., or as soon thereafter as the
22 matter may be heard in Department Law and Motion of the above-entitled court, located at 400
23 County Center, Redwood City, CA 94063, defendants STEPHEN MAGEE and SAC AERO CLUB
24 FLYING, INC. (collectively, “DEFENDANTS”), will and hereby does move for an order compelling
25 plaintiff CINDY TRUJILLO (“PLAINTIFF”) to provide responses to the DEFENDANTS’ Request
26 for Production of Documents (Set No. Three), without obj ection.
27 ///
28 ///
This motion will be made pursuant to Code of Civil Procedure section 2031.300,
subdivisions (a) and (b), on the grounds that no responses were provided.
DATED: October 25, 2019 MICHAELIS, MONTANARI & JOHNSON
J
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HN H. MOON
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A k
omey‘s for Defendants,
STEilH-EN MAGEE and SAC AERO CLUB
FLYING, INC.
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PROOF OF SERVICE
STATE 0F CALIFORNIA )
) s.s.
COUNTY 0F Los ANGELES )
State of California. I am over the age of 18
I am employed in the County of Los Angeles,
my business address is 4333 Park Terrace Dr. #1 10, Westlake
and not a party to the within action;
Village, California 91361.
On October 25 ,
20 1 9, I served the foregoing document described as NOTICE OF MOTION
AND MOTION FOR TO COMPEL RESPONSES RE REQUEST FOR PRODUCTION (SET
NO. THREE) PROPOUNDED UPON CINDY TRUJILLO; DECLARATION OF JOHN H.
MOON AND EXHIBITS on the interested parties in this action by placing a true copy thereof in
a sealed envelope with postage thereon fully prepaid in the United States
mail at Westlake Village,
California, addressed as follows:
lO SEE EXHIBIT “A” ATTACHED HERETO
ll [X] (MAIL) I deposited such envelope addressed in the mail at Westlake Village, California.
I am “readily familiar” with firm's
The envelope was mailed With postage thereon fully prepaid.
It is deposited with U.S. postal
12 practice of collection and processing correspondence for mailing.
service on that same day in the ordinary course of business. I am aware that on motion of party
is presumed invalid if postal cancellation date or postage meter date is more than 1
l3 served, service
day after date of deposit for mailing in affidavit.
l4
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(ELECTRONIC TRANSFER) I caused all ofthe pages of the above—entitled document to
at the respective email address
be sent to the recipient noted below via electronic transfer (email)
l6 indicated below.
l7 [] (BY ELECTRONIC TRANSFER) I caused all ofthe pages ofthe above-entitled document
at the respective telephone
to be sent to the recipients noted below via electronic transfer (FAX)
18 numbers indicated below.
l9 []
(FEDERAL EXPRESS) I deposited such envelope addressed at the Federal Express office
located at Westlake Village, California. The envelope was mailed fully prepaid. I am “readily
familiar” with firm’ s practice of collection and processing correspondence for mailing
with Federal
20
Express. It is deposited With the Westlake Village Federal Express
service on that same day in the
I am aware that on motion 0f party served, service is presumed invalid
21 ordinary course of business.
if cancellation date is more than 1 day after date of deposit for overnight mailing in affidavit.
22
the foregoing
23 Ideclare under penalty ofperjury under the laws ofthe State of California that
is true and correct.
24
25 Executed on October 25, 2019 at Westlake Village, California.
26
Barbara Haussmann, CCLS
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EXHIBIT “A”
Michael S. Danko, Esq. Attorneys for Plaintiffs
Danko Meredith
333 Twin Dolphin Dr. #145
Redwood Shores, CA 94065
tel: (650) 453—3600; fax: (650) 394-8672
Email: mdanko@dankolaw.com
Ashley E. Bauerle, Esq. Attorneys for Plaintiff-in-Intervention
Cozen O’Connor
501 West Broadway #1 61 0
San Diego, CA 92101
tel: (800) 782-3366; fax: (619) 234-7831
Email: abauerle@cozen.com
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GARRY L. MONTANARI, State Bar No. 89790
JOHN H. MOON, State Bar No. 253811
MICHAELIS, MONTANARI & JOHNSON, P.C.
4333 Park Terrace Dr. #1 10
Westlake Village, CA 9 1 361 -
Telephone No.: (8 1 8)865-0444
Attorneys for Defendants, STEPHEN MAGEE
and SAC AERO CLUB FLYING, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
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BRYAN TRUJILLO and CINDY CASE NO.: 18CW01901
TRUJILLO, Judge: Honorable Robert D.
12
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MICHAEL S. DANKO, ESQ. SBN 111359 Electrunicafly mdank0@dankolaw.com Cum: afflalfiwnmrflnunry nflan Supen-nr b}- Matau- SHAWN R. MILLER, ESQ. SBN 238447 flm 2/11/2020 smiller@dank01aw.com DANKO MEREDITH BY s .5[fli 5h mputycllm flLfl 333 Twin Dolphin Drive, Suite 145 Redwood Shores, CA 94065 Telephone: (650) 453-3600 Facsimile: (650) 394-8672 Attorneys for Plaintiffs BRYAN TRUJILLO and CINDY TRUJILLO SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF SAN MATEO 11 UNLIMITED CIVIL JURISDICTION 12 BRYAN TRUJILLO and CINDY TRUJILLO, Case N0. 18CIV01901 13 Plaintiffs, DECLARATION OF SHAWN R. MILLER IN SUPPORT OF PLAINTIFFS’ OPPOSITION 14 V. TO DEFENDANTS STEPHEN MAGEE’S AND SAC AERO FLYING CLUB, INC.’S 15 STEPHEN MAGEE, SAC AERO FLYING MOTION TO WITHDRAW AND AMEND A CLUB, INC., AND DOES 1 - 50, REQUEST FOR ADMISSION RESPONSE. 16 Defendants 17 Date: February 26, 2020 Time: 9:00 a.m. 18 Dept: Law and Motion 19 Complaint filed: April 17, 2018 Trial Date: February 10, 2020 20 21 22 I, Shawn R. Miller, declare as follows: 23 1. I am an attorney with Danko Meredith, attorney 0f record for Plaintiffs. Ihave personal 24 knowledge of the following facts as a result 0f my being an attorney working on this matter and as a 25 result 0f my representation of Plaintiffs in this action and, if called as a witness, would and could 26 truthfully and competently testify thereto. 27 2. On October 25, 2019, Defendants Magee and Sac Aero Flying Club, Inc. served four, late 28 -1- DECLARATION OF SHAWN R. MILLER IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANTS STEPHEN MAGEE’S AND SAC AERO FLYING CLUB, INC.’S MOTION TO WITHDRAW AND AMEND A REQUEST FOR ADMISSION RESPONSE. motions to compel discovery. Iretrieved the Notices of Motions for these four motions. A true and correct copy of these Notices are collectively attached hereto as Exhibit A. 3. The hearing dates set for allfour 0f defendants’ late discovery motions was December 9, 2019, approximately one month after the November 4, 2019 initial trial date for this matter. 4 Idrafted and directed staff to serve oppositions t0 all four of defendants’ late discovery motions by overnight delivery on November 22, 2019. Iretrieved copies of the proofs 0f service from the firm’s file maintained in the matter, a true and correct copy of Which are collectively attached hereto as Exhibit B. 5. Plaintiffs oppositions to these four, late discovery motions were filed With the court. 10 6. Three days later, on November 25, 2019, counsel for defendant sent an email advising their 11 four discovery motions were “off calendar.” Iretrieve from the firm’s file in this matter a copy of this 12 November 25, 2019 email, a true and correct copy 0f which is attached hereto as Exhibit C. 13 7. I checked the court-maintained register 0f actions and discovered defendant never filed the 14 four, late discovery motions set to be heard on December 9, 2019. 15 8. Then, months later, defendant served and filed three additional late motions 0n December 20, 16 2019 With hearing dates 0n February 26, 2020. One 0f these resurrected the prior four late,served-but- 17 unfiled, discovery motions and another involves the motion at issue herein — Defendants’ Motion t0 18 Withdraw and Amend a Request for Admission Response. Defendants set the hearing on this stack 0f 19 motions for February 26, 2020, more than two weeks after the February 10, 2020 continued trialdate 20 set by the court after the parties appeared for the November 4, 2019 initial trial calland answer they 21 were ready for trial. 22 9. I appeared to oppose defendants January 3, 2020 ex parte seeking t0 advance the February 26, 23 2020 hearing date. 24 10. The court denied all three motions as being without good cause leaving all three motions 0n 25 calendar for February 26, 2020. I received a copy of the ex parte order from the court at the ex parte 26 application hearing, a true and correct copy 0f which is attached hereto as Exhibit D. 27 11. On February 10, 2020, the parties appeared again for trial call and the matter was continued t0 28 -2- DECLARATION OF SHAWN R. MILLER IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANTS STEPHEN MAGEE’S AND SAC AERO FLYING CLUB, INC.’S MOTION TO WITHDRAW AND AMEND A REQUEST FOR ADMISSION RESPONSE. March 30, 2020 as a result 0f a lack of available judges. 12. On February 10, 2020, I opened the GeoTracker website found at https://geotracker.waterb0ards.ca.gov/ and located the Trujillo’s “case,” 19048, 0n the website. Ithen navigated to the chronology of “Regulatory Activities” and saved the webpage as a PDF file. Ithen highlighted the two line items found at February 1, 2017 and March 3, 2017. Given the small text 0f these items, I extracted an image 0f these two items and enlarged the image and attached this enlarged image as an extra page at the end 0f the PDF file for ease of reading. A true and correct copy 0f the website’s “Regulatory Activities” page with additional highlighting is attached hereto as Exhibit G. 13. The document linked t0 the February 1,2017 line item 0n the GeoTracker website’s 10 “Regulatory Activities” chronology attached hereto as Exhibit H, is same February 1,2017 Soil 11 Excavation Report attached t0 Mr. Berman’s Deposition as described below and attached t0 hereto as 12 Exhibit F. 13 14. The document linked t0 the March 3, 2017 line item 0n the GeoTracker website’s “Regulatory 14 Activities” chronology is a letter from Anne Jurek of the San Mateo County’s Groundwater Protection 15 Program directed t0 Defendant Sa Aero Flying Company care of Don Honigman, prior counsel for 16 Defendant, directing the electronic submission 0f a work plan t0 the GeoTracker website. A true and 17 correct copy of this March 3, 2017 Letter to Defendant as retrieved is attached hereto as Exhibit H. 18 15. On February 10, 2020, I called and spoke With Ms. Marlow, deputy county counsel who wrote 19 the November 13, 2019 public records request response t0 defendants’ counsel. She informed me When 20 she responded t0 defendants’ public records request that there was no permit for the French drain on 21 plaintiffs’ property, she was providing a straight forward response t0 a public records request. She also 22 informed me that in responding to the request from defendants, that she learned from the San Mateo 23 County Building Department’s staff that San Mateo County does not require a permit for French 24 drains. Therefore, no permit was located for the Trujillo’s property’s French drain because none was 25 required. 26 16. As an associate assigned t0 this matter, 1am familiar with the firm’s file regarding the matter. I 27 also retrieved the following additional documents from the firm’s file maintained in this matter: 28 -3- DECLARATION OF SHAWN R. MILLER IN SUPPORT OF PLAINTIFFS’ OPPOSITION TO DEFENDANTS STEPHEN MAGEE’S AND SAC AERO FLYING CLUB, INC.’S MOTION TO WITHDRAW AND AMEND A REQUEST FOR ADMISSION RESPONSE. a. the October 21, 2019 Deposition Transcript of Benjamin Berman, true and correct copy of excerpts of which are attached hereto as Exhibit E; and b. the February 1, 2017 Soil Excavation Report completed by Mr. Berman and attached by counsel for defendants as Exhibit 7 to Mr. Berman’s deposition, a true and correct copy of excerpts of which are attached hereto as Exhibit F. \OOOQONUI-b Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 10 11 Dated: February _|l_, 2020 fi‘fi Shawn R. Miller fl 12 l3 l4 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 -4- *DE‘CLYARA'HSN ?OFASHAQNR MILLER VI’NVV’sUfPOfiT OF’PLXI’fiiiFs’ OPPOSITiBN To DEFENDANTS STEPHEN MAGEE’S AND SAC AERo FLYING CLUB, INCJS MOTION To WITHDRAW AND AMEND A REQUEST FOR ADMISSION RESPONSE. EXHIBIT A GARRY L. MONTANARI, State Bar No. 89790 JOHN H. MOON, State Bar No. 253811 MICHAELIS, MONTANARI & JOHNSON, P.C. 4333 Park Terrace Dr. #1 10 Westlake Village, CA 9 1 3 61 ' Telephone No.: (818) 865-0444 Attorneys for Defendants, STEPHEN MAGEE and SAC AERO CLUB FLYING, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO lO ll BRYAN TRUJILLO and CINDY CASE NO.: 18CIV01901 12 TRUJILLO, Judge: Honorable Robert D. Foiles; Dept. 21 Plaintiffs, l3 NOTICE OF MOTION AND MOTION FOR ORDER TO DEEM ALL ' VS. l4 REQUESTS ADMITTED RE 15 REQUESTS FOR ADMISSION (SET STEPHEN MAGEE, SAC AERO FLYING NO. ONE); DECLARATION OF JOHN vvvvvvvvvvvvvvvv l6 CLUB, INC. and DOES 1 — 50, H. MOON AND EXHIBITS Defendants. Date: December 2019 l7 9, Time: 9:00 a.m. 18 Dept: Law and Motion Complaint filed: April 17, 201 8 l9 Trial Date: November 4, 20 1.9 20 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD. 21 PLEASE TAKE NOTICE that on December 9, 20 1 9 at 9:00 a.m., or as soon thereafter as the 22 matter may be heard in Department Law and Motion of the above—entitled court, located at 400 23 County Center, Redwood City, CA 94063, defendants STEPHEN MAGEE and SAC AERO CLUB 24 FLYING, INC. (collectively, “DEFENDANTS”), will and hereby does move for an order to deem 25 admitted each and every Requests for Admissions, in Set N0. One, DEFENDANTS have 26 propounded upon plaintiff CINDY TRUJILLO (“PLAINTIFF”), without obj ection. 27 / / / / / / 28 1 MOTION FOR ORDER TO DEEM ALL REQUESTS ADMITTED RE REQUESTS FOR ADMIS SION (SET NO. ONE) This motion will be made pursuant to Code of Civil Procedure section 2033.280, subdivisions (a) and (b), on the grounds that no responses were provided. DATED: October 25, 2019 MICHAELIS, MONTANARI & JOHNSON I... -— / /2./-‘\ ' By: JOHN H. MOON Attorneys for Defendants, STEPHEN MAGEE and SAC AERO CLUB FLYING, INC. N:\175l7\pld\p-mtn.compel.rfa.wpd lO 11 12 l3 l4 15 16 l7 l8 l9 20 21 22 23 24 25 26 27 28 2 MOTION FOR ORDER TO DEEM ALL REQUESTS ADMITTED RE REQUESTS FOR ADMIS SION (SET NO. ONE) r- PROOF 0F SERVICE STATE 0F CALIFORNIA ) ) s.s. COUNTY 0F Los ANGELES ) Iam employed in the County of Los Angeles, State of California. 1am over the age of 18 and not a party to the Within action; my business address is 4333 Park Terrace Dr. #1 10, Westlake Village, California 9 1 3 61 . On October 25 , 20 1 9, I served the foregoing document described as NOTICE OF MOTION AND MOTION FOR ORDER TO DEEM ALL REQUESTS ADMITTED RE REQUESTS FOR ADMISSION (SET NO. ONE); DECLARATION 0F JOHN H. MOON AND EXHIBITS on the interested parties in this action by placing a true copy thereof in a sealed envelope With postage thereon fully prepaid in the United States mail at Westlake Village, California, addressed as follows: lO SEE EXHIBIT “A” ATTACHED HERETO ll [X] (MAIL) I deposited such envelope addressed in the mail at Westlake Village, California. The envelope was mailed with postage thereon fully prepaid. I am “readily familiar” with firm's 12 practice of collection and processing correspondence for mailing. It is deposited with U.S. postal service on that same day in the ordinary course 0f business. I am aware that on motion of pafiy l3 served, service ispresumed invalid ifpostal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in affidavit. l4 ls [] (ELECTRONIC TRANSFER) I caused all ofthe pages of the above—entitled document to be sent to the recipient noted below via electronic transfer (email) at the respective email address 16 indicated below. l7 [] (BY ELECTRONIC TRANSFER) I caused all ofthe pages ofthe above-entitled document to be sent to the recipients noted below Via electronic transfer (FAX) at the respective telephone 18 numbers indicated below. l9 [] (FEDERAL EXPRESS) I deposited such envelope addressed at the Federal Express office located at Westlake Village, California. The envelope was mailed fully prepaid. I am “readily 20 familiar” with firm’s practice of collection and processing correspondence for mailing With Federal Express. It is deposited with the Westlake Village Federal Express service on that same day in the 21 ordinary course ofbusiness. I am aware that on motion ofparty served, service is presumed invalid if cancellation date is more than 1 day after date of deposit for overnight mailing in affidavit. 22 23 I declare under penalty ofpeljury under the laws ofthe State of California that the foregoing is true and correct. 24 25 Executed on October 25, 2019 at Westlake Village, California. 26 Barbara Haussmann, CCLS 27 EXHIBIT “A” Michael S. Danko, Esq. Attorneys for Plaintiffs Danko Meredith 333 Twin Dolphin Dr. #145 Redwood Shores, CA 94065 tel: (650) 453-3600; fax: (650) 394-8672 Email: mdanko@dankolaw.com Ashley E. Bauerle, Esq. Attorneys for Plaintiff-in-Intervention Cozen O’Connor 501 West Broadway #1610 San Diego, CA 92101 tel: (800) 782-3366; fax: (619) 234-7831 Email: abauerle@cozen.com lO ll 12 l3 l4 15 16 l7 18 l9 2O 21 22 23 24 25 26 27 1.”.3 GARRY L. MONTANARI, State Bar No. 89790 JOHN H. MOON, State Bar No. 253811 MICHAELIS, MONTANARI & JOHNSON, P.C. 4333 Park Terrace Dr. #1 10 Westlaké Village, CA 91361 Telephone No.2 (8 1 8)865-0444 Attorneys for Defendants, STEPHEN MAGEE and SAC AERO CLUB FLYING, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO lO ll BRYAN TRUJILLO and CINDY CASE NO.: 18CIV01901 12 TRUJILLO, Judge: Honorable Robert D. Foiles; Dept. 21 Plaintiffs, 13 NOTICE 0F MOTION AND MOTION l4 VS. FOR TO COMPEL RESPONSES RE REQUEST FOR PRODUCTION (SET 15 N0. THREE) PROPOUNDED UPON STEPHEN MAGEE, SAC AERO FLYING BRYAN TRUJILLO; vvvvvvvvvvvvvvvvv DECLARATION l6 CLUB, INC. and DOES 1 — 50, OF JOHN H. MOON AND EXHIBITS Defendants. l7 Date: December 9, 2019 18 Time: 9:00 a.m. Dept: Law and Motion l9 Complaint filed: April 17, 2018 Trial Date: November 4, 2019 20 21 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD. 22 PLEASE TAKE NOTICE that on December 9, 20 1 9 at 9:00 a.m., or as soon thereafter as the 23 matter may be heard in Department Law and Motion of the above—entitled court, located at 400 24 County Center, Redwood City, CA 94063, defendants STEPHEN MAGEE and SAC AERO CLUB FLYING, INC. (collectively, “DEFENDANTS”), will and hereby does move for an order compelling 25 plaintiffBRYAN TRUJILLO (“PLAINTIFF”) to provide further responses to the DEFENDANTS’ 26 Request for Production of Documents (Set No. Three), without obj ection. 27 /// 28 1 VIOTION FOR ORDER TO COMPEL RESPONSES RE REQUEST FOR PRODUCTION (SET NO. THREE) This motion wil-lbe made pursuant to Code of Civil Procedure section 203 1.3 1 O et seq., on the grounds that further responses are requi red. DATED: October 25, 2019 MICHAELIS, MONTANARI & JOHNSON By: / / //\. A “JOHN H. MO ON Attfimeys for Defendants, STEPHEN MAGEE and SAC AERO CLUB FLYING, INC. 9 N:\1 75 1 7\pld\p-mtn.compel.rfp.B.wpd 10 ll 12 l3 14 15 16 l7 18 19 2O 21 22 23 24 25 26 27 28 2 OTION FOR ORDER TO CONEPEL RESPONSES RE REQUEST FOR PRODUCTION (SET NO. THREE) PROOF 0F SERVICE STATE 0F CALIFORNIA ) ) s.s. COUNTY 0F Los ANGELES ) I am employed in the County of Los Angeles, State of California. I am over the age 0f 18 and not a party to the within action; my business address is 4333 Park Telrace Dr. #1 10, Westlake Village, California 91361. On October 25 , 20 19, I served the foregoing document described as NOTICE OF MOTION AND MOTION FOR TO COMPEL RESPONSES RE REQUEST FORPRODUCTION (SET NO. THREE) PROPOUNDED UPON BRYAN TRUJILLO; DECLARATION 0F JOHN H. MOON AND EXHIBITS on the interested parties in this action by placing a true copy thereof in a sealed envelope with postage thereon fully prepaid in_the United States mail at Westlake Village, California, addressed as follows: lO SEE EXHIBIT “A” ATTACHED HERETO ll [X] (MAIL) I deposited such envelope addressed in the mail at Westlake Village, California. The envelope was mailed with postage thereon fully prepaid. I am “readily familiar” with firm's 12 practice of collection and processing correspondence for mailing. It is deposited With UgS. postal service 0n that same day in the ordinary course of business. I am aware that on motion of party l3 served, service is presumed invalid if postal cancellation date or postage meter date ismore than 1 day after date 0f deposit for mailing in affidavit. l4 15 [] (ELECTRONIC TRANSFER) I caused all ofthe pages ofthe above-entitled document to be sent to the recipient noted below via electronic transfer (email) at the respective email address l6 indicated below. l7 [] (BY ELECTRONIC TRANSFER) I caused all ofthe pages ofthe above-entitled document to be sent to the recipients noted below via electronic transfer (FAX) at the respective telephone 18 numbers indicated below. l9 [] (FEDERAL EXPRESS) I deposited such envelope addressed at the Federal Express office located at Westlake Village, California. The envelope was mailed fully prepaid. I am “readily 2O familiar” with firm’s practice of collection and processing correspondence for mailing with Federal Express. It isdeposited with the Westlake Village Federal Express service on that same day in the 21 ordinary course ofbusiness. I am aware that on motion ofparty served, service is presumed invalid ifcancellation date is more than 1 day after date of deposit for overnight mailing in affidavit. 22 23 Ideclare under penalty ofperjury under the laws ofthe State of California that the foregoing is true and correct. 24 25 Executed on October 25, 2019 at Westlake Village, California. 26 Barbara Haussmann, CCLS 27_ 28 EXHIBIT “A” Michael S. Danko, Esq. Attorneys for Plaintiffs Danko Meredith 333 Twin Dolphin Dr. #145 Redwood Shores, CA 94065 tel: (650) 453—3600; fax: (650) 394-8672 x Email: mdanko@dankolaw.com Ashley E. Bauerle, Esq; Attorneys for Plaintiff-in-Intervention Cozen O’Connor 501 West Broadway #1610 San Diego, CA 92101 tel: (800) 782-3366; fax: (619) 234-7831 Email: abauerle@cozen.com lO ll 12 13 l4 15 16 l7 18 l9 2O 21 22 23 24 25 26 2'7 28 GARRY L. MONTANARI, State Bar N0. 89790 JOHN H. MOON, State Bar No. 253811 MICHAELIS, MONTANARI & JOHNSON, P.C. 4333 Park Terrace Dr. #1 10 Westlake Village, CA 9 1 361 Telephone No.2 (81 8) 865-0444 Attorneys for Defendants, STEPHEN MAGEE and SAC AERO CLUB FLYING, INC. SUPERIOR COURT OF THE STATE OF CALIFORNLA COUNTY OF SAN MATEO 10 ll BRYAN TRUJILLO and CINDY CASE NO.: 18CIV01 901 l2 TRUJILLO, Judge: Honorable Robert D. Foiles; Dept. 21 l3 Plaintiffs, NOTICE OF MOTION AND MOTION FOR TO COMPEL RESPONSES RE l4 VS. REQUEST FOR PRODUCTION (SET NO. THREE) PROPOUNDED UPON 15 CINDY TRUJILLO; Vvvvvvvvvvvvvvv DECLARATION STEPHEN MAGEE, SAC AERO FLYING 0F JOHN H. MOON AND EXHIBITS 16 CLUB, INC. and DOES 1 — 50, Date: December 9, 2019 1'7 Defendants. Time: 9:00 a.m. Dept: Law and Motion l8 Complaint filed: April 17, 2018 Trial Date: November 4, 2019 19 20 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD. 21 PLEASE TAKE NOTICE that on December 9, 20 1 9 at 9:00 a.m., or as soon thereafter as the 22 matter may be heard in Department Law and Motion of the above-entitled court, located at 400 23 County Center, Redwood City, CA 94063, defendants STEPHEN MAGEE and SAC AERO CLUB 24 FLYING, INC. (collectively, “DEFENDANTS”), will and hereby does move for an order compelling 25 plaintiff CINDY TRUJILLO (“PLAINTIFF”) to provide responses to the DEFENDANTS’ Request 26 for Production of Documents (Set No. Three), without obj ection. 27 /// 28 /// This motion will be made pursuant to Code of Civil Procedure section 2031.300, subdivisions (a) and (b), on the grounds that no responses were provided. DATED: October 25, 2019 MICHAELIS, MONTANARI & JOHNSON J /"‘* "\ \. HN H. MOON ”\Y' d A k omey‘s for Defendants, STEilH-EN MAGEE and SAC AERO CLUB FLYING, INC. N:\1 75 1 7\p1d\p—mtn.compel.rfp.wpd 10 ll 12 13 l4 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE 0F CALIFORNIA ) ) s.s. COUNTY 0F Los ANGELES ) State of California. I am over the age of 18 I am employed in the County of Los Angeles, my business address is 4333 Park Terrace Dr. #1 10, Westlake and not a party to the within action; Village, California 91361. On October 25 , 20 1 9, I served the foregoing document described as NOTICE OF MOTION AND MOTION FOR TO COMPEL RESPONSES RE REQUEST FOR PRODUCTION (SET NO. THREE) PROPOUNDED UPON CINDY TRUJILLO; DECLARATION OF JOHN H. MOON AND EXHIBITS on the interested parties in this action by placing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Westlake Village, California, addressed as follows: lO SEE EXHIBIT “A” ATTACHED HERETO ll [X] (MAIL) I deposited such envelope addressed in the mail at Westlake Village, California. I am “readily familiar” with firm's The envelope was mailed With postage thereon fully prepaid. It is deposited with U.S. postal 12 practice of collection and processing correspondence for mailing. service on that same day in the ordinary course of business. I am aware that on motion of party is presumed invalid if postal cancellation date or postage meter date is more than 1 l3 served, service day after date of deposit for mailing in affidavit. l4 15 [] (ELECTRONIC TRANSFER) I caused all ofthe pages of the above—entitled document to at the respective email address be sent to the recipient noted below via electronic transfer (email) l6 indicated below. l7 [] (BY ELECTRONIC TRANSFER) I caused all ofthe pages ofthe above-entitled document at the respective telephone to be sent to the recipients noted below via electronic transfer (FAX) 18 numbers indicated below. l9 [] (FEDERAL EXPRESS) I deposited such envelope addressed at the Federal Express office located at Westlake Village, California. The envelope was mailed fully prepaid. I am “readily familiar” with firm’ s practice of collection and processing correspondence for mailing with Federal 20 Express. It is deposited With the Westlake Village Federal Express service on that same day in the I am aware that on motion 0f party served, service is presumed invalid 21 ordinary course of business. if cancellation date is more than 1 day after date of deposit for overnight mailing in affidavit. 22 the foregoing 23 Ideclare under penalty ofperjury under the laws ofthe State of California that is true and correct. 24 25 Executed on October 25, 2019 at Westlake Village, California. 26 Barbara Haussmann, CCLS 27 28 EXHIBIT “A” Michael S. Danko, Esq. Attorneys for Plaintiffs Danko Meredith 333 Twin Dolphin Dr. #145 Redwood Shores, CA 94065 tel: (650) 453—3600; fax: (650) 394-8672 Email: mdanko@dankolaw.com Ashley E. Bauerle, Esq. Attorneys for Plaintiff-in-Intervention Cozen O’Connor 501 West Broadway #1 61 0 San Diego, CA 92101 tel: (800) 782-3366; fax: (619) 234-7831 Email: abauerle@cozen.com 10 ll 12 l3 l4 15 l6 l7 18 19 20 21 22 23 24 25 26 27 28 GARRY L. MONTANARI, State Bar No. 89790 JOHN H. MOON, State Bar No. 253811 MICHAELIS, MONTANARI & JOHNSON, P.C. 4333 Park Terrace Dr. #1 10 Westlake Village, CA 9 1 361 - Telephone No.: (8 1 8)865-0444 Attorneys for Defendants, STEPHEN MAGEE and SAC AERO CLUB FLYING, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO lO ll BRYAN TRUJILLO and CINDY CASE NO.: 18CW01901 TRUJILLO, Judge: Honorable Robert D. 12