Preview
ELECTRONICALLY FILED
MICHAEL B. BROWN (SB #179222) Superior Court of California,
michael.brown@stoel.com County of Placer
NICHOLAS D. KARKAZIS (SB #299075) 05/20/2020 at 01:26:57 PM
icholas.karkazis@stoel.com
jy: Marina Olivarez Fuentes, Deputy Clert
STOEL RIVES tip
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: 916.447.0700
Facsimile: 916.447.4781
GREG C. GATTO (SB #226903)
greg@sierralanduselaw.com
LAW OFFICE OF GREG GATTO
PO Box 85
Calpine, CA 96124
Telephone: 530.205.6503
Attorneys for Defendant and Cross-Complainant
10 KILA TAHOE, LLC
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 COUNTY OF PLACER
13 SIERRA NORTHWEST PROPERTIES, LLC, CASE NO. SCV0041099
14 Plaintiff, DECLARATION OF MICHAEL B.
BROWN IN SUPPORT OF DEFENDANT
15 Vv. KILA TAHOE, LLC’S OPPOSITION TO
PLAINTIFF’S MOTION TO SET ASIDE
16 KILA TAHOE, LLC: AND TO VACATE JUDGMENT
ALL PERSONS UNKNOWN, claiming any
17 legal or equitable right, title, estate, lien, or Hearing:
interest in or to the real property described in Date: June 12, 2020
18 the complaint adverse to plaintiffs’ title, or any Time: 8:30 a.m.
cloud on plaintiffs’ title thereto; Dept: 31
19 DOES 1 through 10, inclusive,
20 Defendants.
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AND RELATED CROSS-ACTION. Action Filed: May 2, 2018
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STOEL Rives LLP -l-
ATTORNEYS AT LAW
SACRAMENTO DECLARATION OF MICHAEL B. BROWN -- SCV0041099
10669754 1.2 0053477- 00003
I, Michael B. Brown, declare as follows:
1 I am a partner at Stoel Rives LLP, attorney of record for Defendant and Cross-
Complainant Kila Tahoe, LLC (“Kila”). I have personal knowledge of the facts stated in this
Declaration and, if called as a witness, could and would testify competently to those facts.
2. Kila filed its Notice of Intention to Move to Set Aside and Vacate Judgment and
Enter Another and Different Judgment on January 2, 2020.
3 On February 25, 2020, the Court issued a Ruling on Submitted Matters that adopted
the tentative decision and granted the Motion to Vacate, which provided that the ruling on the
submitted matter issued September 2, 2019, and judgment entered November 4, 2019, are vacated,
10 and directed Kila to submit to the court a proposed modified ruling on submitted matter with respect
11 to Sierra Northwest Properties, LLC’s (“SNP”) prior motion to enforce as well as proposed
12 judgment thereon. Kila subsequently submitted to the Court a proposed modified ruling and
13 judgment, along with SNP’s objections thereto.
14 4 The parties appeared before the Court on February 21, 2020, for a hearing on Kila’s
15 Motion to Set Aside and Vacate Judgment and Enter Another and Different Judgment. A true and
16 correct copy of relevant portions of the transcript of the hearing is attached hereto as Exhibit A.
17 5 On March 13, 2020, Donald Person sent an email to counsel for SNP and Kila
18 regarding his recusal from any further adjudicative role for the litigation. Following receipt of Mr.
19 Person’s email, I sent emails to counsel for SNP to request a copy of Mr. Person’s voicemail to
20 Mr. Livaich and to demand withdrawal of SNP’s Motion for Reconsideration of the February 25,
21 2020 Ruling on Submitted Matters. True and correct copies of Mr. Person’s email and my
22 March 13 and 16, 2020 email correspondence to counsel are attached hereto as Exhibit B.
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STOEL Rives LLP -2-
ATTORNEYS AT LAW
SACRAMENTO DECLARATION OF MICHAEL B. BROWN -- SCV0041099
10669754 1.2 0053477- 00003
6 After SNP filed the motion at issue, I sent an email to SNP’s counsel to request
withdrawal of the motion to vacate and that Kila would seek the recovery of any fees and costs
associated with defending this motion. Counsel for SNP responded that the motion would not be
withdrawn. Attached hereto as Exhibit C are true and correct copies of my email and Ms. Renfro’s
email dated May 8, 2020.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct. Executed on this 20th day of May 2020, at Truckee, California.
Fie
Michael B. Brown
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STOEL Rives LLP -3-
ATTORNEYS AT LAW
SACRAMENTO DECLARATION OF MICHAEL B. BROWN -- SCV0041099
10669754 1.2 0053477- 00003
DECLARATION OF SERVICE
I declare that I am over the age of eighteen years and not a party to this action. I am
employed in the City and County of Sacramento and my business address is 500 Capitol Mall,
Suite 1600, Sacramento, California 95814.
On May 20, 2020, at Sacramento, California, I served the attached document(s):
DECLARATION OF MICHAEL B. BROWN IN SUPPORT OF
DEFENDANT KILA TAHOE, LLC’S OPPOSITION TO
PLAINTIFF’S MOTION TO SET ASIDE AND TO VACATE
JUDGMENT
on the following parties:
Gary Livaich Attorneys for Plaintiff and Cross-
Kristen Renfro Defendants
Desmond, Nolan, Livaich & Cunningham Sierra Northwest Properties, LLC
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15th & S Building Sierra Northwest Holdings, LLC
11 1830 15th Street Antionette Rudnick
Sacramento, CA 95811 Sam Rudnick, Jr.
12 Phone: 916-443-2051
glivaich@dnlc.net
13 krenfro@dnlc.net
talexander@dnlc.net
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15 John G. Bilheimer Attorneys for Defendant and
Allan S. Haley Cross-Complainant
16 Haley & Bilheimer Tahoe City Public Utility District
505 Coyote St., Ste. A
17 Nevada City, CA 95959
Phone: 530-265-6357
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jbilheimer@lawhb.com
19 ashaley@lawhb.com
BY EMAIL: On the date written above, I emailed a copy of the attached documents to the addressee, as shown
20 on the service list.
21 BY OVERNIGHT MAIL: | am readily familiar with my employer’s practice for the collection and processing
of correspondence for overnight delivery. In the ordinary course of business, correspondence would be
deposited in a box or other facility regularly maintained by the express service carrier or delivered to it by the
22 carrier’s authorized courier on the day on which it is collected. On the date written above, following ordinary
business practices, I placed for collection and overnight delivery at the offices of Stoel Rives LLP, 500 Capitol
23 Mall, Suite 1600, Sacramento, California 95814, a copy of the attached document in a sealed envelope, with
delivery fees prepaid or provided for, addressed as shown on the service list.
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I declare under penalty of perjury under the laws of the State of California that the
25 foregoing is true and correct and that this document was executed on May 20, 2020, at
Sacramento, California.
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27 Dawn 2 torqu/
Dawn R. Eérgeur, CCLS
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STOEL Rives LLP -4-
ATTORNEYS AT LAW
SACRAMENTO DECLARATION OF MICHAEL B. BROWN -- SCV0041099
10669754 1.2 0053477- 00003
Preview
ELECTRONICALLY FILED MICHAEL B. BROWN (SB #179222) Superior Court of California, michael.brown@stoel.com County of Placer NICHOLAS D. KARKAZIS (SB #299075) 05/20/2020 at 01:26:57 PM icholas.karkazis@stoel.com jy: Marina Olivarez Fuentes, Deputy Clert STOEL RIVES tip 500 Capitol Mall, Suite 1600 Sacramento, CA 95814 Telephone: 916.447.0700 Facsimile: 916.447.4781 GREG C. GATTO (SB #226903) greg@sierralanduselaw.com LAW OFFICE OF GREG GATTO PO Box 85 Calpine, CA 96124 Telephone: 530.205.6503 Attorneys for Defendant and Cross-Complainant 10 KILA TAHOE, LLC 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF PLACER 13 SIERRA NORTHWEST PROPERTIES, LLC, CASE NO. SCV0041099 14 Plaintiff, DECLARATION OF MICHAEL B. BROWN IN SUPPORT OF DEFENDANT 15 Vv. KILA TAHOE, LLC’S OPPOSITION TO PLAINTIFF’S MOTION TO SET ASIDE 16 KILA TAHOE, LLC: AND TO VACATE JUDGMENT ALL PERSONS UNKNOWN, claiming any 17 legal or equitable right, title, estate, lien, or Hearing: interest in or to the real property described in Date: June 12, 2020 18 the complaint adverse to plaintiffs’ title, or any Time: 8:30 a.m. cloud on plaintiffs’ title thereto; Dept: 31 19 DOES 1 through 10, inclusive, 20 Defendants. 21 AND RELATED CROSS-ACTION. Action Filed: May 2, 2018 22 23 24 25 26 27 28 STOEL Rives LLP -l- ATTORNEYS AT LAW SACRAMENTO DECLARATION OF MICHAEL B. BROWN -- SCV0041099 10669754 1.2 0053477- 00003 I, Michael B. Brown, declare as follows: 1 I am a partner at Stoel Rives LLP, attorney of record for Defendant and Cross- Complainant Kila Tahoe, LLC (“Kila”). I have personal knowledge of the facts stated in this Declaration and, if called as a witness, could and would testify competently to those facts. 2. Kila filed its Notice of Intention to Move to Set Aside and Vacate Judgment and Enter Another and Different Judgment on January 2, 2020. 3 On February 25, 2020, the Court issued a Ruling on Submitted Matters that adopted the tentative decision and granted the Motion to Vacate, which provided that the ruling on the submitted matter issued September 2, 2019, and judgment entered November 4, 2019, are vacated, 10 and directed Kila to submit to the court a proposed modified ruling on submitted matter with respect 11 to Sierra Northwest Properties, LLC’s (“SNP”) prior motion to enforce as well as proposed 12 judgment thereon. Kila subsequently submitted to the Court a proposed modified ruling and 13 judgment, along with SNP’s objections thereto. 14 4 The parties appeared before the Court on February 21, 2020, for a hearing on Kila’s 15 Motion to Set Aside and Vacate Judgment and Enter Another and Different Judgment. A true and 16 correct copy of relevant portions of the transcript of the hearing is attached hereto as Exhibit A. 17 5 On March 13, 2020, Donald Person sent an email to counsel for SNP and Kila 18 regarding his recusal from any further adjudicative role for the litigation. Following receipt of Mr. 19 Person’s email, I sent emails to counsel for SNP to request a copy of Mr. Person’s voicemail to 20 Mr. Livaich and to demand withdrawal of SNP’s Motion for Reconsideration of the February 25, 21 2020 Ruling on Submitted Matters. True and correct copies of Mr. Person’s email and my 22 March 13 and 16, 2020 email correspondence to counsel are attached hereto as Exhibit B. 23 24 25 26 Mit 27 Mit 28 Mit STOEL Rives LLP -2- ATTORNEYS AT LAW SACRAMENTO DECLARATION OF MICHAEL B. BROWN -- SCV0041099 10669754 1.2 0053477- 00003 6 After SNP filed the motion at issue, I sent an email to SNP’s counsel to request withdrawal of the motion to vacate and that Kila would seek the recovery of any fees and costs associated with defending this motion. Counsel for SNP responded that the motion would not be withdrawn. Attached hereto as Exhibit C are true and correct copies of my email and Ms. Renfro’s email dated May 8, 2020. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 20th day of May 2020, at Truckee, California. Fie Michael B. Brown 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STOEL Rives LLP -3- ATTORNEYS AT LAW SACRAMENTO DECLARATION OF MICHAEL B. BROWN -- SCV0041099 10669754 1.2 0053477- 00003 DECLARATION OF SERVICE I declare that I am over the age of eighteen years and not a party to this action. I am employed in the City and County of Sacramento and my business address is 500 Capitol Mall, Suite 1600, Sacramento, California 95814. On May 20, 2020, at Sacramento, California, I served the attached document(s): DECLARATION OF MICHAEL B. BROWN IN SUPPORT OF DEFENDANT KILA TAHOE, LLC’S OPPOSITION TO PLAINTIFF’S MOTION TO SET ASIDE AND TO VACATE JUDGMENT on the following parties: Gary Livaich Attorneys for Plaintiff and Cross- Kristen Renfro Defendants Desmond, Nolan, Livaich & Cunningham Sierra Northwest Properties, LLC 10 15th & S Building Sierra Northwest Holdings, LLC 11 1830 15th Street Antionette Rudnick Sacramento, CA 95811 Sam Rudnick, Jr. 12 Phone: 916-443-2051 glivaich@dnlc.net 13 krenfro@dnlc.net talexander@dnlc.net 14 15 John G. Bilheimer Attorneys for Defendant and Allan S. Haley Cross-Complainant 16 Haley & Bilheimer Tahoe City Public Utility District 505 Coyote St., Ste. A 17 Nevada City, CA 95959 Phone: 530-265-6357 18 jbilheimer@lawhb.com 19 ashaley@lawhb.com BY EMAIL: On the date written above, I emailed a copy of the attached documents to the addressee, as shown 20 on the service list. 21 BY OVERNIGHT MAIL: | am readily familiar with my employer’s practice for the collection and processing of correspondence for overnight delivery. In the ordinary course of business, correspondence would be deposited in a box or other facility regularly maintained by the express service carrier or delivered to it by the 22 carrier’s authorized courier on the day on which it is collected. On the date written above, following ordinary business practices, I placed for collection and overnight delivery at the offices of Stoel Rives LLP, 500 Capitol 23 Mall, Suite 1600, Sacramento, California 95814, a copy of the attached document in a sealed envelope, with delivery fees prepaid or provided for, addressed as shown on the service list. 24 I declare under penalty of perjury under the laws of the State of California that the 25 foregoing is true and correct and that this document was executed on May 20, 2020, at Sacramento, California. 26 27 Dawn 2 torqu/ Dawn R. Eérgeur, CCLS 28 STOEL Rives LLP -4- ATTORNEYS AT LAW SACRAMENTO DECLARATION OF MICHAEL B. BROWN -- SCV0041099 10669754 1.2 0053477- 00003