Party Statement: ROSEVILLE I v. BEL AIR SUNRISE/ROSEVILLE CTR

On March 07, 2019 a Party Statement was filed involving a dispute between U.S. Bank National Association, and Bel Air Sunrise Roseville Center, Llc, for Civil-Roseville in the District Court of Placer County.

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1 Ronald A. McIntire, Bar No. 127407
RMcIntire@perkinscoie.com
2 Oliver M. Gold, Bar No. 279033
OGold@perkinscoie.com
3 PERKINS COIE LLP
1888 Century Park E., Suite 1700
4
Los Angeles, CA 90067-1721
5 Telephone: 310.788.9900 10/15/2020
Facsimile: 310.788.3399
6
Attorneys for Plaintiff
7 U.S. Bank National Association, as Trustee, as
successor-in-interest to Bank of America, N.A., as
8 Trustee, as successor by merger to LaSalle Bank
9 National Association, as Trustee, for the registered
holders of Bear Stearns Commercial Mortgage
10 Securities Inc., Commercial Mortgage Pass-Through
Certificates, Series 2006-PWR13
11
SUPERIOR COURT OF THE STATE OF CALIFORNIA
12
COUNTY OF PLACER
13

14
U.S. BANK NATIONAL ASSOCIATION, No. SCV0042662
15 as Trustee, as successor-in-interest to Bank
of America, N.A., as Trustee, as successor SUPPLEMENTAL DECLARATION
16 OF OLIVER M. GOLD IN SUPPORT
by merger to LaSalle Bank National
17 Association, as Trustee, for the registered OF EX PARTE APPLICATION FOR
holders of Bear Stearns Commercial AN ORDER TO VACATE OR, IN
18 Mortgage Securities Inc., Commercial THE ALTERNATIVE, CO NTINUE
Mortgage Pass-Through Certificates, Series TRIAL
19 2006-PWR13
Date: October 16, 2020
20 Time: 8:00 a.m.
Plaintiff
Dept: 42
21
vs.
22 Before the Hon. Charles Wachob
BEL AIR SUNRISE/ROSEVILLE
23 CENTER, LLC, a California limited Complaint Filed: March 7, 2019
liability company; and DOES 1–50, Trial Date: October 26, 2020
24
inclusive,
25
Defendants.
26

28
Supp. Decl. of Oliver M. Gold ISO Ex Parte App.
for Order Vacating or Continuing Trial
1 I, Oliver M. Gold, declare as follows:

2 1. I am an attorney admitted to practice before all the courts of the State of

3 California. I am a Counsel at the law firm of Perkins Coie LLP, attorneys of record for Plaintiff

4 U.S. Bank National Association, as Trustee, as successor-in-interest to Bank of America, N.A., as

5 Trustee, as successor by merger to LaSalle Bank National Association, as Trustee, for the

6 registered holders of Bear Stearns Commercial Mortgage Securities Inc., Commercial Mortgage

7 Pass-Through Certificates, Series 2006-PWR13 (“Plaintiff”). Except as where stated, I make this

8 declaration of my own personal knowledge, and if called as a witness, I could and would testify

9 competently to the matters stated herein.

10 2. I am informed and believe that a non-judicial foreclosure sale of the real property

11 at issue in this action, located at 1200 Cirby Way and 1079 Sunrise Avenue in Roseville,

12 California (the “Property”) has been re-scheduled to take place October 28, 2020. Following the

13 anticipated non-judicial foreclosure sale of the Property, the Parties anticipate that all issues in the

14 action will be resolved.

15 3. I am informed and believe that following the non-judicial foreclosure sale on

16 October 28, 2020, the Court-appointed receiver will prepare his final accounting and move the

17 Court to be discharged as receiver, for approval of the final accounting, and exoneration of bonds.

18 Plaintiff intends to request dismissal of this action once the receiver’s anticipated motion to be

19 discharged is heard and ruled upon. Accordingly, Plaintiff requests that the Court either vacate

20 trial in this action for the appointment of a receiver, or continue it to allow sufficient time for the

21 foreclosure sale to occur and the subsequent final motion by the receiver to be heard and ruled

22 upon.

23 4. On October 12, 2020, at 8:30 am, I called and spoke with Andrew Collier of

24 Downey Brand LLP, counsel for defendant Bel Air Sunrise/Roseville Center, LLC, a California

25 limited liability company (“Defendant”) at 916-520-5244. I left Mr. Collier a voicemail message

26 stating that Plaintiff would apply ex parte to the Court on October 14, 2020, at 8:00 a.m., in

27 Department 42 of the Superior Court of California for Placer County, located at 10820 Justice

28 Center Drive, Roseville, California 95678, for an order vacating the Trial Date, or in the

Supp. Decl. of Oliver M. Gold ISO Ex Parte App.
-1- for Order Vacating or Continuing Trial
1 alternative, continuing the Trial Date to January 25, 2021, and the Civil Trial Conference as well.

2 I asked Mr. Collier to please let me know whether Defendant opposed the application and

3 whether he planned to appear at the hearing.

4 5. I followed up by sending Mr. Collier an email at 9:46 am on October 12, 2020,

5 which repeated the notice I had provided to him by telephone earlier that day. A true and correct

6 copy of the email I sent to Mr. Collier is attached hereto as Exhibit A, and incorporated herein.

7 6. On October 15, 2020 at 8:58 am, I sent another email to Mr. Collier, notifying him

8 that the ex parte hearing would take place on October 16, 2020. A true and correct copy of that

9 email is attached hereto as Exhibit B, and incorporated herein by reference. As of the time this

10 supplemental declaration was filed, I had not heard back from Mr. Collier.

11 I declare under penalty of perjury under the laws of the State of California that the

12 foregoing is true and correct.

13 Executed this 15th day of October 2020, in Bell Canyon, California.

14
______________________________
15 Oliver M. Gold

28
Supp. Decl. of Oliver M. Gold ISO Ex Parte App.
-2- for Order Vacating or Continuing Trial
EXHIBIT A

EXHIBIT A
Page 3
Duncan, Melanie L. (LOS)

From: Gold, Oliver M. (LOS)
Sent: Monday, October 12, 2020 9:46 AM
To: Collier, Andrew
Cc: Birnbaum, Mark (LOS); Cortez, Linda
Subject: RE: Bel Air Center - Roseville, CA - Ex Parte Notice

Andrew, I hope all is well. This email follows my voicemail message to you from earlier this morning. As I
mentioned, Plaintiff will apply ex parte to the Court on October 14, 2020, at 8:00 a.m., in Department 42 of the
Superior Court of California for Placer County, located at 10820 Justice Center Drive, Roseville, California 95678,
for an order vacating the Trial Date, or in the alternative, continuing the Trial Date to January 25, 2021 and the Civil
Trial Conference to January 15, 2021.

Please let me know if Defendant opposes and whether you plan to appear at the hearing.

Many thanks,
Oliver

Oliver Gold | Perkins Coie LLP
COUNSEL
1888 Century Park East Suite 1700
Los Angeles, CA 90067-1721
D. +1.310.788.3291
F. +1.310.843.1272
E. OGold@perkinscoie.com

A 2020
• PRO BONO

From: Gold, Oliver M. (LOS)
Sent: Wednesday, October 7, 2020 10:39 AM
To: 'Collier, Andrew'
Cc: Birnbaum, Mark (LOS) ; 'Cortez, Linda'
Subject: RE: Bel Air Center - Roseville, CA
Importance: High

Hi Andrew and Linda, I hope you’re both doing well. Andrew, I just left you a voicemail about the attached, which
are another set of ex parte papers I’d like to file with the court as soon as possible that kick the trial date and
associated pretrial dates out another 3 months in light of the rescheduled foreclosure sale date.

If you could please sign and return these to me at your earliest convenience, I’ll be happy to file them with the
court. I’m hoping we can do that today, as we have an MSC set for this Friday. If you’d like to discuss, please feel
free to give me a call.

Thanks.
Oliver

Oliver Gold | Perkins Coie LLP
COUNSEL
1888 Century Park East Suite 1700
Los Angeles, CA 90067-1721
D. +1.310.788.3291
F. +1.310.843.1272
E. OGold@perkinscoie.com

EXHIBIT A
Page 4
A 2020
• PRO BONO

_________________________________

EXHIBIT A
Page 5
EXHIBIT B

EXHIBIT B
Page 6
Duncan, Melanie L. (LOS)

From: Gold, Oliver M. (LOS)
Sent: Thursday, October 15, 2020 8:58 AM
To: Collier, Andrew
Cc: Birnbaum, Mark (LOS); Cortez, Linda; Duncan, Melanie L. (LOS)
Subject: RE: Bel Air Center - Roseville, CA - Ex Parte Notice

Andrew, I appeared this morning at the ex parte hearing on our application to continue the trial date. The court had
continued the hearing to this morning on its own, even though I had noticed it for yesterday. At the hearing this
morning, the Court initially granted the application and continued trial to March 1, 2021 and the civil trial conference
to February 26.

After the hearing had ended, I received a call from the judge indicating that when he was executing the order, he
noticed that the hearing was set for yesterday and because I had provided you notice of that date, he believed it was
appropriate that I re-notice the hearing for tomorrow morning, Friday, October 16, at 8:00 am, so that there is no
question about whether proper notice had been given.

Accordingly, please consider this Plaintiff’s amended ex parte notice that it intends to appear and apply ex parte to
the Court on October 16, 2020, at 8:00 a.m., in Department 42 of the Superior Court of California for Placer County,
located at 10820 Justice Center Drive, Roseville, California 95678, for an order continuing the trial date to March 1,
2021 and the civil trial conference to February 26, 2021.

If you could please let me know if Defendant opposes and whether you plan to appear at the hearing, I would
appreciate it.

Many thanks,
Oliver

Oliver Gold | Perkins Coie LLP
COUNSEL
1888 Century Park East Suite 1700
Los Angeles, CA 90067-1721
D. +1.310.788.3291
F. +1.310.843.1272
E. OGold@perkinscoie.com

From: Gold, Oliver M. (LOS)
Sent: Monday, October 12, 2020 9:46 AM
To: 'Collier, Andrew'
Cc: Birnbaum, Mark (LOS) ; 'Cortez, Linda'
Subject: RE: Bel Air Center ‐ Roseville, CA ‐ Ex Parte Notice

Please let me know if Defendant opposes and whether you plan to appear at the hearing.

Many thanks,
1

EXHIBIT B
Page 7
Oliver

Oliver Gold | Perkins Coie LLP
COUNSEL
1888 Century Park East Suite 1700
Los Angeles, CA 90067-1721
D. +1.310.788.3291
F. +1.310.843.1272
E. OGold@perkinscoie.com

From: Gold, Oliver M. (LOS)
Sent: Wednesday, October 7, 2020 10:39 AM
To: 'Collier, Andrew'
Cc: Birnbaum, Mark (LOS) ; 'Cortez, Linda'
Subject: RE: Bel Air Center ‐ Roseville, CA
Importance: High

Thanks.
Oliver

Oliver Gold | Perkins Coie LLP
COUNSEL
1888 Century Park East Suite 1700
Los Angeles, CA 90067-1721
D. +1.310.788.3291
F. +1.310.843.1272
E. OGold@perkinscoie.com

_________________________________

EXHIBIT B
Page 8
1 PROOF OF SERVICE

2 I, Melanie L. Duncan, declare:

3 I am a citizen of the United States and employed in Los Angeles County, California. I am

4 over the age of eighteen years and not a party to the within-entitled action. My business address

5 is 1888 Century Park E., Suite 1700, Los Angeles, California 90067-1721. On October 15, 2020,

6 I served a copy of the within document(s):

7 SUPPLEMENTAL DECLARATION OF OLIVER M. GOL D IN SUPPORT
OF EX PARTE APPLICATION FOR AN ORDER TO VACATE OR, IN
8 THE ALTERNATIVE, CO NTINUE TRIAL
by placing the document(s) listed above in a sealed envelope with postage thereon
9  fully prepaid, the United States mail at Los Angeles, California addressed as set
forth below.
10
by placing the document(s) listed above in a sealed Federal Express envelope and
11
 affixing a pre-paid air bill, and causing the envelope to be delivered to a Federal
Express agent for delivery.
12 by causing to be transmitted via electronic means the document(s) listed above to
 the person(s) at the e-mail address(es) set forth below.
13
I am readily familiar with the firm's practice of collection and processing correspondence
14
for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
15
day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
16
motion of the party served, service is presumed invalid if postal cancellation date or postage
17
meter date is more than one day after date of deposit for mailing in affidavit.
18
I declare under penalty of perjury under the laws of the State of California that the above
19
is true and correct.
20
Executed on October 15, 2020, at Los Angeles, California.
21

23
Melanie L. Duncan
24

28
Supp. Decl. of Oliver M. Gold ISO Ex Parte App.
-9- for Order Vacating or Continuing Trial
1 SERVICE LIST
U. S. Bank National Association v. Bel Air Sunrise/Roseville Center, LLC
2 Case No. SCV0042662
3
Andrew Collier, Esq. Attorneys for Defendant, Bell Air
4 Jamie P. Dreher, Esq. Sunrise/Roseville Center LLC
Downey Brand LLP Telephone: 916.444.1000
5 621 Capitol Mall, 18th Floor Facsimile: 916.444.2100
Sacramento, California 95814-4731 Email: acollier@downeybrand.com
6 jdreher@downeybrand.com
7

28
Supp. Decl. of Oliver M. Gold ISO Ex Parte App.
-10- for Order Vacating or Continuing Trial

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Case No.

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Document Filed Date

October 15, 2020

Case Filing Date

March 07, 2019

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Party Statement: ROSEVILLE I v. BEL AIR SUNRISE/ROSEVILLE CTR

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