Preview
we Matthew C. Bradford, Esq. (196798)
Nathan M. Robinson, Esq. (305611)
ROBINSON
WB
BRADFORD LLP
3439 Brookside Road, Suite 212
WwW
Stockton, CA 95219 Fe & ry
Telephone: (209) 954-9001 Superior Court of California
B®
Facsimile: (209) 954-9091 mete iatelkoet
WW
MAR 16 2020
Attorneys for Defendants, Jeka cs
Dn
. . ; ake tte
Roseville Petroleum, Inc., Nirmal Singh Ru © Offince je ark
U. Lucatu orto, Deputy
NN
eo
SUPERIOR COURT OF CALIFORNIA
COUNTY OF PLACER - UNLIMITED CIVIL
0
VOYAGER RESTAURANT GROUP, INC., a CASE NO. S-CV-0035599
California corporation
eet
DECLARATION OF MATTHEW C.
Plaintiff, BRADFORD
vs. Date: April 16, 2020
Time: 8:30 a.m.
SONORA GASOLINE CORPORATION, a Dept.: TBD
California corporation formerly known as
ee
SONORA PETROLEUM, INC., a California
corporation, GURRAJ SINGH GREWAL,
SABAL FINANCIAL GROUP LP, a
Delaware limited partnership; 2012-SIP-1
VENTURE LLC, A Delaware limited
liability company as successor to Tennessee
State Charted Bank, ROSEVILLE
PETROLEUM, INC., a California
NRO
corporation, NIRMAL SINGH, and DOES
ONE through TWENTY, inclusive
ROO
Defendants.
RO
I,Matthew C. Bradford, declare:
1. I am an attorney, duly licensed to practice before all the courts of the State of
California, and am a partner in the law firm of Robinson Bradford LLP, attorneys for defendants.
I have personal knowledge of the facts set forth herein and Iam competent to testify to their truth
ifcalled as witness.
1
DECLARATION OF MATTHEW C. BRADFORD
a This case arises out of Voyager’s failure to build a Sonic restaurant on property it
leased from Sonora Petroleum, Inc. Roseville Petroleum was a lessee operating an Arco AM/PM
NY
at the same location. Mr. Singh isthe shareholder of Roseville Petroleum.
WY
Fe
3. In mid-July 2018, Mr. Warner, counsel for Voyager, agreed to produce Mitra
DN
Alizadeh and Abolghassam Alizadeh for depositions before Mr. Alizadeh begins serving his 56-
NHN
month imprisonment for defrauding Bank of the West and Central Pacific Bank of
$15,387,945.61. |
eo
4. However, Mr. Warner revoked his agreement and refused to produce his clients
uo
for any deposition.
S
5. Eventually Defendants were allowed to take the deposition of the person most
FB
He
knowledgeable for Voyager on September 13, 2018.
BD
em
6. Trial was originally set to begin August 27, 2018, but at trial call the parties to
Aner
agreed to arbitration. In the weeks after agreeing to arbitration the parties each proposed
arbitrators and Defendants agreed to use Plaintiff's proposed arbitrator.
L Defendants’ counsel’s last communication from Plaintiff's counsel occurred on
RUD
September 7, 2018, when Mr. Warner emailed Mr. Bradford confirming arbitration.
&®
6G
8. During the following weeks and months Mr. Bradford emailed Mr. Warner
NO
regarding the arbitration, but Mr. Warner never replied.
F&F
HN
9. Defendants heard nothing from Plaintiff until February 4, 2020 at this Court’s
YN
OSC hearing wherein Mr. Warner informed Defendants for the first time that he had not pursued
BR
NH
arbitration in the instant case, because Voyager was appealing an order granting a motion for
NO
BBR
summary judgment in Parmar.
NH
10. The parties never entered into any written stipulations or oral agreements in open
NY
court extending the five-year time period. The jurisdiction of the court was not suspended, or the
NO
Bs
2
DECLARATION OF MATTHEW C. BRADFORD
prosecution of the action stayed atany point during the litigation. Specifically, this Court did not
stay the action when the parties agreed to arbitration on or about August 27, 2018.
N
I declare under penalty of perjury, under the laws of the State of California, that the
be
foregoing is true and correct, and that this declaration was executed on March 1, 2020 at
a
nN
Temecula, California.
= =
BD
Ma Esq.
NN
Oe
Oo
3
DECLARATION OF MATTHEW C. BRADFORD
PROOF OF SERVICE
I,the undersigned, certifyand declareas follows: Iam over the age ofeighteen years and not a party tothis
Nm
action. My business address is ROBINSON BRADFORD LLP, 3439 Brookside Road, Suite 212, Stockton,
California95219, which is locatedin San Joaquin County where the mailing and/or deliverybelow took place.
eS)
On March 16,2020, |served the following document(s) DECLARATION OF MATTHEW C.
BRADFORD in theabove-referenced case,by placing a truecopy thereof,enclosed ina sealed envelope, addressed
and served as follows:
DN
BY PERSONALLY DEPOSITING THE MAIL: On thedate specifiedabove, Ideposited in themail at the
place specified above a copy of the document described above in a sealed envelope, with postage fully
prepaid addressed to theindividuals and/orto theofficesof the addressee(s)below.
oolUlUlUNCOUlUCUMNOUTNSO
BY BUSINESS PRACTICE TO ENTRUST DEPOSIT TO OTHERS: I am readily familiar with the
business practiceat my placeof business forcollection and processing of correspondence formailing with
the United States PostalService. Correspondence so collectedand processed isdeposited with the United
States PostalService thatsame day in theordinary course of business. On the datespecified below, at my
place ofbusiness at Stockton,California,a copy of the document described above was placed fordeposit in
the United States PostalService mailbox ina sealed envelope, with postage fully prepaid addressed to the
individualsand/or to the officesofthe addressee(s) below, and thatenvelope was placed for collectionand
mailing on thatdate following ordinary business practice.
BY EXPRESS SERVICE CARRIER: On the date specifiedbelow, Ideposited ina box or other facility
1]
regularly maintained by Federal Express, United Parcel Service or other express service carrier, or
delivered to acourier or driverauthorized by said express service carrierto receivedocuments, a copy of
12 the document mentioned above, in an envelope designed by the saidexpress service carrier,with delivery
fees paidor provided for addressed tothe individualsand/or to theofficesof the addressee(s)below.
13
Paul A. Warner, Esq. (SBN 112168) Gurraj Singh Grewal
14 1624 SantaClara Drive, Suite 220 Sonora Petroleum, Inc.
Roseville,CA 95661 Sonora Gasoline Corporation,
IS 1556 Shaw Avenue,
Telephone: (916) 996-3100 Clovis, CA 93611
16 Facsimile : (916) 789-7557 and/or
863 Tennessee Avenue North,
Attorney for Plaintiff,
Voyager Restaurant Group, Inc. Parsons, TN 38363
17
Telephone: Unknown
18 Facsimile: Unknown
Email: foxoilgas@yahoo.com
19
In Pro Per
20
Icertifyand declare under penalty of perjuryunder the laws ofthe
21 trueand correct.
Executed on March 16,2020, at Stockton,California.
23
NANEY C. AMEZCUA ke
24
25
26
27
28
4
PROOF OF SERVICE
Preview
we Matthew C. Bradford, Esq. (196798) Nathan M. Robinson, Esq. (305611) ROBINSON WB BRADFORD LLP 3439 Brookside Road, Suite 212 WwW Stockton, CA 95219 Fe & ry Telephone: (209) 954-9001 Superior Court of California B® Facsimile: (209) 954-9091 mete iatelkoet WW MAR 16 2020 Attorneys for Defendants, Jeka cs Dn . . ; ake tte Roseville Petroleum, Inc., Nirmal Singh Ru © Offince je ark U. Lucatu orto, Deputy NN eo SUPERIOR COURT OF CALIFORNIA COUNTY OF PLACER - UNLIMITED CIVIL 0 VOYAGER RESTAURANT GROUP, INC., a CASE NO. S-CV-0035599 California corporation eet DECLARATION OF MATTHEW C. Plaintiff, BRADFORD vs. Date: April 16, 2020 Time: 8:30 a.m. SONORA GASOLINE CORPORATION, a Dept.: TBD California corporation formerly known as ee SONORA PETROLEUM, INC., a California corporation, GURRAJ SINGH GREWAL, SABAL FINANCIAL GROUP LP, a Delaware limited partnership; 2012-SIP-1 VENTURE LLC, A Delaware limited liability company as successor to Tennessee State Charted Bank, ROSEVILLE PETROLEUM, INC., a California NRO corporation, NIRMAL SINGH, and DOES ONE through TWENTY, inclusive ROO Defendants. RO I,Matthew C. Bradford, declare: 1. I am an attorney, duly licensed to practice before all the courts of the State of California, and am a partner in the law firm of Robinson Bradford LLP, attorneys for defendants. I have personal knowledge of the facts set forth herein and Iam competent to testify to their truth ifcalled as witness. 1 DECLARATION OF MATTHEW C. BRADFORD a This case arises out of Voyager’s failure to build a Sonic restaurant on property it leased from Sonora Petroleum, Inc. Roseville Petroleum was a lessee operating an Arco AM/PM NY at the same location. Mr. Singh isthe shareholder of Roseville Petroleum. WY Fe 3. In mid-July 2018, Mr. Warner, counsel for Voyager, agreed to produce Mitra DN Alizadeh and Abolghassam Alizadeh for depositions before Mr. Alizadeh begins serving his 56- NHN month imprisonment for defrauding Bank of the West and Central Pacific Bank of $15,387,945.61. | eo 4. However, Mr. Warner revoked his agreement and refused to produce his clients uo for any deposition. S 5. Eventually Defendants were allowed to take the deposition of the person most FB He knowledgeable for Voyager on September 13, 2018. BD em 6. Trial was originally set to begin August 27, 2018, but at trial call the parties to Aner agreed to arbitration. In the weeks after agreeing to arbitration the parties each proposed arbitrators and Defendants agreed to use Plaintiff's proposed arbitrator. L Defendants’ counsel’s last communication from Plaintiff's counsel occurred on RUD September 7, 2018, when Mr. Warner emailed Mr. Bradford confirming arbitration. &® 6G 8. During the following weeks and months Mr. Bradford emailed Mr. Warner NO regarding the arbitration, but Mr. Warner never replied. F&F HN 9. Defendants heard nothing from Plaintiff until February 4, 2020 at this Court’s YN OSC hearing wherein Mr. Warner informed Defendants for the first time that he had not pursued BR NH arbitration in the instant case, because Voyager was appealing an order granting a motion for NO BBR summary judgment in Parmar. NH 10. The parties never entered into any written stipulations or oral agreements in open NY court extending the five-year time period. The jurisdiction of the court was not suspended, or the NO Bs 2 DECLARATION OF MATTHEW C. BRADFORD prosecution of the action stayed atany point during the litigation. Specifically, this Court did not stay the action when the parties agreed to arbitration on or about August 27, 2018. N I declare under penalty of perjury, under the laws of the State of California, that the be foregoing is true and correct, and that this declaration was executed on March 1, 2020 at a nN Temecula, California. = = BD Ma Esq. NN Oe Oo 3 DECLARATION OF MATTHEW C. BRADFORD PROOF OF SERVICE I,the undersigned, certifyand declareas follows: Iam over the age ofeighteen years and not a party tothis Nm action. My business address is ROBINSON BRADFORD LLP, 3439 Brookside Road, Suite 212, Stockton, California95219, which is locatedin San Joaquin County where the mailing and/or deliverybelow took place. eS) On March 16,2020, |served the following document(s) DECLARATION OF MATTHEW C. BRADFORD in theabove-referenced case,by placing a truecopy thereof,enclosed ina sealed envelope, addressed and served as follows: DN BY PERSONALLY DEPOSITING THE MAIL: On thedate specifiedabove, Ideposited in themail at the place specified above a copy of the document described above in a sealed envelope, with postage fully prepaid addressed to theindividuals and/orto theofficesof the addressee(s)below. oolUlUlUNCOUlUCUMNOUTNSO BY BUSINESS PRACTICE TO ENTRUST DEPOSIT TO OTHERS: I am readily familiar with the business practiceat my placeof business forcollection and processing of correspondence formailing with the United States PostalService. Correspondence so collectedand processed isdeposited with the United States PostalService thatsame day in theordinary course of business. On the datespecified below, at my place ofbusiness at Stockton,California,a copy of the document described above was placed fordeposit in the United States PostalService mailbox ina sealed envelope, with postage fully prepaid addressed to the individualsand/or to the officesofthe addressee(s) below, and thatenvelope was placed for collectionand mailing on thatdate following ordinary business practice. BY EXPRESS SERVICE CARRIER: On the date specifiedbelow, Ideposited ina box or other facility 1] regularly maintained by Federal Express, United Parcel Service or other express service carrier, or delivered to acourier or driverauthorized by said express service carrierto receivedocuments, a copy of 12 the document mentioned above, in an envelope designed by the saidexpress service carrier,with delivery fees paidor provided for addressed tothe individualsand/or to theofficesof the addressee(s)below. 13 Paul A. Warner, Esq. (SBN 112168) Gurraj Singh Grewal 14 1624 SantaClara Drive, Suite 220 Sonora Petroleum, Inc. Roseville,CA 95661 Sonora Gasoline Corporation, IS 1556 Shaw Avenue, Telephone: (916) 996-3100 Clovis, CA 93611 16 Facsimile : (916) 789-7557 and/or 863 Tennessee Avenue North, Attorney for Plaintiff, Voyager Restaurant Group, Inc. Parsons, TN 38363 17 Telephone: Unknown 18 Facsimile: Unknown Email: foxoilgas@yahoo.com 19 In Pro Per 20 Icertifyand declare under penalty of perjuryunder the laws ofthe 21 trueand correct. Executed on March 16,2020, at Stockton,California. 23 NANEY C. AMEZCUA ke 24 25 26 27 28 4 PROOF OF SERVICE