Preview
amy,
PAUL A. WARNER, ,ESQ ESQ.
(SBN 112168) Fri3
1624 Santa Clara Drive, Suite 220 ey aoe
Roseville, CA 95661 ore
Telephone: (916) 996-3100 AUG 16 20%0
Facsimile: (916) 789-7557 JAKE CHATTERS
EXECUTIVE OFFICER & CLERK
Attorneys for Plaintiff Voyager Restaurant Group, Inc. B/S ie dersan, Bayi
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
10
Lt VOYAGER RESTAURANT GROUP, INC., a} Case No. S-CV-0035599
California corporation
12 DECLARATION OF PAUL WARNER IN
Plaintiff, OPPOSITION TO EX PARTE
13 y. APPLICATION FOR AN ORDER TO
CONTINUE TRIAL
14
SONORA GASOLINE CORPORATION, a Hearts
L5 California corporation formerly known as Date: August 16, 2018
SONORA PETROLEUM, INC., a California Time: 8:00 a.m.
16
corporation, GURRAJ SINGH GREWAL, Dept.: 40
iy SABAL FINANCIAL GROUP LP, a
Delaware limited partnership; 2012-SIP-1
18 Trial Date: August 27, 2018
VENTURE LLC, a Delaware limited liability
company as successor to TENNESSEE “UNLIMITED CIVIL CASE”
19
COMMERCE BANK, a Tennessee State
20 chartered bank, ROSEVILLE PETROLEUM,
INC., a California corporation, NIRMAL
21
SINGH, and DOES ONE through TWENTY,
22
inclusive,
23 Defendants.
24
25
26 I, Paul Warner, declare:
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I am an attorney licensed to practice in the State of California and am attorney of record
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for Plaintiff Voyager Restaurant Group, Inc., herein. I have personal knowledge of each fact
-1-
DECLARATION OF PAUL WARNER IN OPPOSITION TO EX PARTE APPLICATION FOR AN ORDER TO
CONTINUE TRIAL
stated in this declaration except for those matters stated on information and belief, and as to
those matters, Iam informed and believe them to be true.
1. On August 14, after the hearing of Plaintiff's Motion to Compel Depositions, |
requested copies of medical records/documentation supporting Mr. Singh’s request
for a continuance of the trial due to his medical condition. None was or has been
provided until the Ex Parte Application.
Attached hereto and incorporated herein by this reference as Exhibit A, is a true and
correct copy of an email chain between myself and counsel for Defendants from July
10
11 13, 2018 through July 24, 2018, wherein representations were made on July 19 that
- 12|| Mr. Singh was in Modesto, followed by another on July 24 that he “is out of the
13
country until late August.”
14
When Mr. Singh thereafter unexpectedly appeared at the Mandatory Settlement
iS
Conference, on August 3, I was informed that he would be in California for a few
16
17 days for medical care.
18 Attached hereto and incorporated herein by this reference as Exhibit B, is a true andi
19
correct copy of an email chain between myself and counsel for Defendants from July
20
13, 2018 through July 24, 2018, wherein representations were made on August 7, by
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Defendants’ counsel that he could make Mr. Singh available for a deposition in
23 exchange for the depositions of Plaintiff's witnesses and a continuance of the trial.
24
On July 19, counsel for Defendants inquired and was told of Plaintiff's PMK’s
25
impending incarceration date of September 17. (Exhibit A)
26
I declare under penalty of perjury under the laws of the State of California that the
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-2-
DECLARATION OF PAUL WARNER IN OPPOSITION TO EX PARTE APPLICATION FOR AN ORDER TO
CONTINUE TRIAL
foregoing is true and correct.
Dated: 16Aug18 Paul A. Warner, Sq.
Attorney for Plaltiff
Voyager Restaurant Group, Inc.
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DECLARATION OF PAUL WARNER IN OPPOSITION TO EX PARTE APPLICATION FOR AN ORDER TO
CONTINUE TRIAL
EXHIBIT A
Paul Warner
SS
S
From: Paul Warner
Sent: Tuesday, July 24, 2018 10:46 AM
To: ‘Abe Alizadeh’
Subject: FW: FW: Voyager vSonora
From: Matthew Bradford
Sent: Monday, July 23, 2018 11:50 AM
To: Paul Warner
Subject: Re: FW: Voyager v Sonora
Mr. Warner:
Mr. Singh isout of the country untillate August.
Matthew C. Bradford, Esq.
Robinson Bradford, LLP
Direct Line: 858.480.6968
On Thu, Jul 19, 2018 at 12:21 PM, Matthew Bradford wrote:
Mr. Singh is located in Modesto. Can we do the three depositions in Modesto?
Or we can use my Office in Stockton.
Matthew C. Bradford, Esq.
Robinson Bradford, LLP
Direct Line: 858.480.6968
On Thu, Jul 19, 2018 at 12:19 PM, Paul Warner wrote:
| can do itafter amotion hearing in Roseville inthe morning.
From: Matthew Bradford
Sent: Thursday, July 19, 2018 12:18 PM
To: Paul Warner
Subject: Re: FW: Voyager v Sonora
My mistake, |meant July 31
Matthew C.Bradford, Esq.
Robinson Bradford, LLP
Direct Line: 858.480.6968
On Thu, Jul 19, 2018 at 12:16 PM, Paul Warner wrote:
Trial isset for August 27....
From: Matthew Bradford
Sent: Thursday, July 19, 2018 12:16 PM
To: Paul Warner
Subject: Re: FW: Voyager v Sonora
How about August 31?
Matthew C. Bradford, Esq.
Robinson Bradford, LLP
Direct Line: 858.480.6968
On Thu, Jul 19, 2018 at 12:12 PM, Paul Warner wrote:
September 17....
-_
From: Matthew Bradford
Sent: Thursday, July 19, 2018 12:12 PM
To: Paul Warner
Subject: Re: FW: Voyager v Sonora
No. When does he go into custody?
Matthew C. Bradford, Esq.
Robinson Bradford, LLP
Direct Line: 858.480.6968
On Thu, Jul 19, 2018 at 12:10 PM, Paul Warner wrote:
No...
Did you notice hisdeposition previously?
From: Matthew Bradford
Sent: Thursday, July 19, 2018 12:10 PM
To: Paul Warner
Subject: Re: FW: Voyager v Sonora
| was not given any notice that he was deposed. Ishe inprison now?
Matthew C. Bradford, Esq.
Robinson Bradford, LLP
Direct Line: 858.480.6968
On Thu, Jul 19, 2018 at 12:07 PM, Paul Warner wrote:
|believe he was already deposed.
|! ammoving my house on July 27...what days are you willing to do the following week?
From: Matthew Bradford
Sent: Thursday, July 19, 2018 11:06 AM
To: Paul Warner
Subject: Re: FW: Voyager v Sonora
Paul
| want to depose Abe too. None of those days work.
What about July 27? | need to check with my clienttoo.
Matthew C. Bradford, Esq.
Robinson Bradford, LLP
Direct Line: 858.480.6968
On Thu, Jul 19, 2018 at 10:57 AM, Paul Warner wrote:
Mr. Robinson
|now have Friday, July 20, Tuesday July 24, and Wednesday July 25.
Mitra can be deposed the same day after Nirmal.
PAUL ANTHONY WARNER, ESQ.
1624 SantaClaraDrive,Suite220
Roseville,
California
95661
Telephone: 916.996.3100
Fax: 916.789.7557
CONFIDENTIALITY NOTICE:
The information contained in this email transmission is confidential and may be legally privileged, legally protected
attorney work-product, or may be inside information. The information isintended only for the use ofthe recipient(s)
named above. If youhave received thisinformation in error, please immediately notify us by email to arrange for
return of alldocuments. Any unauthorized disclosure, copying, distribution,or the taking of any action in reliance
on the contents of thisinformation is strictly
prohibited, and may be unlawful.
From: Paul Warner
Sent: Friday, July 13, 2018 4:04 PM
To: ‘Matthew Bradford’
Subject: RE: Voyager v Sonora
|have a cmc Tuesday morning but any other day works.
|understood that you wanted Mitra, and |have requested her availability.
From: Matthew Bradford
Sent: Friday, July 13, 2018 3:43 PM
To: Paul Warner
Subject: Re: Voyager v Sonora
Paul:
What days are you looking at and when are your clients available for their depos?
Matthew C. Bradford, Esq.
Robinson Bradford, LLP
Direct Line: 858.480.6968
On Fri,Jul 13, 2018 at 3:27 PM, Paul Warner wrote:
Mr. Robinson,
| would liketo reset the depositions of Roseville Petroleum Inc.’sPMK and Nirmal Singh previously postponed
due to the demise of Mr. Burstein. What dates are available for you and your clientwithin the next two
weeks? |am unavailable on July 23, 26, and 27.
Thank you.
PAUL ANTHONY WARNER, ESQ.
1624 SantaClaraDrive,Suite220
Roseville,
California
95661
Telephone:916.996.3100
Fax:916.789.7557
CONFIDENTIALITY NOTICE:
The information contained in thisemail transmission isconfidential and may be legally privileged, legally
protected attorney work-product, or may be inside information. The information is intended only for the use of the
recipient(s) named above. If you have received thisinformation in error, please immediately notify us by email to
arrange for return of alldocuments. Any unauthorized disclosure, copying, distribution,or the taking of any action
in reliance on the contents of thisinformation isstrictlyprohibited, and may be unlawful.
EXHIBIT B
cal
Paul Warner
a eee
From: Matthew Bradford
Sent: Tuesday, August 7,2018 3:58 PM
To: Paul Warner
Subject: Re: Voyager v.Sonora
|realize that you do not really want the deposition of Mr. Singh, you only want to tryto win by preventing Mr. Singh
from testifying.
| willletthe Court know your game.
Matthew C.Bradford, Esq.
Robinson Bradford, LLP
Direct Line: 858.480.6968
On Tue, Aug 7, 2018 at 3:56 PM, Paul Warner wrote:
You have told me that Mr. Singh isout of the country.
You have told me that you did not notice Mr. Alizadeh’s deposition.
We are unwilling, at thistime to consent to a continuance of the trial.
From: Matthew Bradford
Sent: Tuesday, August 7, 2018 2:14 PM
To: Paul A.Warner
Ce: Nancy Amezcua
Subject: Voyager v.Sonora
Mr. Warner:
|am in the middle of preparing my opposition to your motion to compel the deposition of Mr. Singh. |can make Mr.
Singh available for a deposition, ifyou will also make your clients Abe Alizadeh and Mitra Alizadeh available for
deposition. This willrequire a continuance ofthe trial.
Please letme know today.
Matthew C.Bradford, Esq.
Robinson Bradford, LLP
Direct Line: 858.480.6968
Preview
amy, PAUL A. WARNER, ,ESQ ESQ. (SBN 112168) Fri3 1624 Santa Clara Drive, Suite 220 ey aoe Roseville, CA 95661 ore Telephone: (916) 996-3100 AUG 16 20%0 Facsimile: (916) 789-7557 JAKE CHATTERS EXECUTIVE OFFICER & CLERK Attorneys for Plaintiff Voyager Restaurant Group, Inc. B/S ie dersan, Bayi IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER 10 Lt VOYAGER RESTAURANT GROUP, INC., a} Case No. S-CV-0035599 California corporation 12 DECLARATION OF PAUL WARNER IN Plaintiff, OPPOSITION TO EX PARTE 13 y. APPLICATION FOR AN ORDER TO CONTINUE TRIAL 14 SONORA GASOLINE CORPORATION, a Hearts L5 California corporation formerly known as Date: August 16, 2018 SONORA PETROLEUM, INC., a California Time: 8:00 a.m. 16 corporation, GURRAJ SINGH GREWAL, Dept.: 40 iy SABAL FINANCIAL GROUP LP, a Delaware limited partnership; 2012-SIP-1 18 Trial Date: August 27, 2018 VENTURE LLC, a Delaware limited liability company as successor to TENNESSEE “UNLIMITED CIVIL CASE” 19 COMMERCE BANK, a Tennessee State 20 chartered bank, ROSEVILLE PETROLEUM, INC., a California corporation, NIRMAL 21 SINGH, and DOES ONE through TWENTY, 22 inclusive, 23 Defendants. 24 25 26 I, Paul Warner, declare: 27 I am an attorney licensed to practice in the State of California and am attorney of record 28 for Plaintiff Voyager Restaurant Group, Inc., herein. I have personal knowledge of each fact -1- DECLARATION OF PAUL WARNER IN OPPOSITION TO EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL stated in this declaration except for those matters stated on information and belief, and as to those matters, Iam informed and believe them to be true. 1. On August 14, after the hearing of Plaintiff's Motion to Compel Depositions, | requested copies of medical records/documentation supporting Mr. Singh’s request for a continuance of the trial due to his medical condition. None was or has been provided until the Ex Parte Application. Attached hereto and incorporated herein by this reference as Exhibit A, is a true and correct copy of an email chain between myself and counsel for Defendants from July 10 11 13, 2018 through July 24, 2018, wherein representations were made on July 19 that - 12|| Mr. Singh was in Modesto, followed by another on July 24 that he “is out of the 13 country until late August.” 14 When Mr. Singh thereafter unexpectedly appeared at the Mandatory Settlement iS Conference, on August 3, I was informed that he would be in California for a few 16 17 days for medical care. 18 Attached hereto and incorporated herein by this reference as Exhibit B, is a true andi 19 correct copy of an email chain between myself and counsel for Defendants from July 20 13, 2018 through July 24, 2018, wherein representations were made on August 7, by 21 22 Defendants’ counsel that he could make Mr. Singh available for a deposition in 23 exchange for the depositions of Plaintiff's witnesses and a continuance of the trial. 24 On July 19, counsel for Defendants inquired and was told of Plaintiff's PMK’s 25 impending incarceration date of September 17. (Exhibit A) 26 I declare under penalty of perjury under the laws of the State of California that the 27 28 -2- DECLARATION OF PAUL WARNER IN OPPOSITION TO EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL foregoing is true and correct. Dated: 16Aug18 Paul A. Warner, Sq. Attorney for Plaltiff Voyager Restaurant Group, Inc. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- DECLARATION OF PAUL WARNER IN OPPOSITION TO EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL EXHIBIT A Paul Warner SS S From: Paul Warner Sent: Tuesday, July 24, 2018 10:46 AM To: ‘Abe Alizadeh’ Subject: FW: FW: Voyager vSonora From: Matthew Bradford Sent: Monday, July 23, 2018 11:50 AM To: Paul Warner Subject: Re: FW: Voyager v Sonora Mr. Warner: Mr. Singh isout of the country untillate August. Matthew C. Bradford, Esq. Robinson Bradford, LLP Direct Line: 858.480.6968 On Thu, Jul 19, 2018 at 12:21 PM, Matthew Bradford wrote: Mr. Singh is located in Modesto. Can we do the three depositions in Modesto? Or we can use my Office in Stockton. Matthew C. Bradford, Esq. Robinson Bradford, LLP Direct Line: 858.480.6968 On Thu, Jul 19, 2018 at 12:19 PM, Paul Warner wrote: | can do itafter amotion hearing in Roseville inthe morning. From: Matthew Bradford Sent: Thursday, July 19, 2018 12:18 PM To: Paul Warner Subject: Re: FW: Voyager v Sonora My mistake, |meant July 31 Matthew C.Bradford, Esq. Robinson Bradford, LLP Direct Line: 858.480.6968 On Thu, Jul 19, 2018 at 12:16 PM, Paul Warner wrote: Trial isset for August 27.... From: Matthew Bradford Sent: Thursday, July 19, 2018 12:16 PM To: Paul Warner Subject: Re: FW: Voyager v Sonora How about August 31? Matthew C. Bradford, Esq. Robinson Bradford, LLP Direct Line: 858.480.6968 On Thu, Jul 19, 2018 at 12:12 PM, Paul Warner wrote: September 17.... -_ From: Matthew Bradford Sent: Thursday, July 19, 2018 12:12 PM To: Paul Warner Subject: Re: FW: Voyager v Sonora No. When does he go into custody? Matthew C. Bradford, Esq. Robinson Bradford, LLP Direct Line: 858.480.6968 On Thu, Jul 19, 2018 at 12:10 PM, Paul Warner wrote: No... Did you notice hisdeposition previously? From: Matthew Bradford Sent: Thursday, July 19, 2018 12:10 PM To: Paul Warner Subject: Re: FW: Voyager v Sonora | was not given any notice that he was deposed. Ishe inprison now? Matthew C. Bradford, Esq. Robinson Bradford, LLP Direct Line: 858.480.6968 On Thu, Jul 19, 2018 at 12:07 PM, Paul Warner wrote: |believe he was already deposed. |! ammoving my house on July 27...what days are you willing to do the following week? From: Matthew Bradford Sent: Thursday, July 19, 2018 11:06 AM To: Paul Warner Subject: Re: FW: Voyager v Sonora Paul | want to depose Abe too. None of those days work. What about July 27? | need to check with my clienttoo. Matthew C. Bradford, Esq. Robinson Bradford, LLP Direct Line: 858.480.6968 On Thu, Jul 19, 2018 at 10:57 AM, Paul Warner wrote: Mr. Robinson |now have Friday, July 20, Tuesday July 24, and Wednesday July 25. Mitra can be deposed the same day after Nirmal. PAUL ANTHONY WARNER, ESQ. 1624 SantaClaraDrive,Suite220 Roseville, California 95661 Telephone: 916.996.3100 Fax: 916.789.7557 CONFIDENTIALITY NOTICE: The information contained in this email transmission is confidential and may be legally privileged, legally protected attorney work-product, or may be inside information. The information isintended only for the use ofthe recipient(s) named above. If youhave received thisinformation in error, please immediately notify us by email to arrange for return of alldocuments. Any unauthorized disclosure, copying, distribution,or the taking of any action in reliance on the contents of thisinformation is strictly prohibited, and may be unlawful. From: Paul Warner Sent: Friday, July 13, 2018 4:04 PM To: ‘Matthew Bradford’ Subject: RE: Voyager v Sonora |have a cmc Tuesday morning but any other day works. |understood that you wanted Mitra, and |have requested her availability. From: Matthew Bradford Sent: Friday, July 13, 2018 3:43 PM To: Paul Warner Subject: Re: Voyager v Sonora Paul: What days are you looking at and when are your clients available for their depos? Matthew C. Bradford, Esq. Robinson Bradford, LLP Direct Line: 858.480.6968 On Fri,Jul 13, 2018 at 3:27 PM, Paul Warner wrote: Mr. Robinson, | would liketo reset the depositions of Roseville Petroleum Inc.’sPMK and Nirmal Singh previously postponed due to the demise of Mr. Burstein. What dates are available for you and your clientwithin the next two weeks? |am unavailable on July 23, 26, and 27. Thank you. PAUL ANTHONY WARNER, ESQ. 1624 SantaClaraDrive,Suite220 Roseville, California 95661 Telephone:916.996.3100 Fax:916.789.7557 CONFIDENTIALITY NOTICE: The information contained in thisemail transmission isconfidential and may be legally privileged, legally protected attorney work-product, or may be inside information. The information is intended only for the use of the recipient(s) named above. If you have received thisinformation in error, please immediately notify us by email to arrange for return of alldocuments. Any unauthorized disclosure, copying, distribution,or the taking of any action in reliance on the contents of thisinformation isstrictlyprohibited, and may be unlawful. EXHIBIT B cal Paul Warner a eee From: Matthew Bradford Sent: Tuesday, August 7,2018 3:58 PM To: Paul Warner Subject: Re: Voyager v.Sonora |realize that you do not really want the deposition of Mr. Singh, you only want to tryto win by preventing Mr. Singh from testifying. | willletthe Court know your game. Matthew C.Bradford, Esq. Robinson Bradford, LLP Direct Line: 858.480.6968 On Tue, Aug 7, 2018 at 3:56 PM, Paul Warner wrote: You have told me that Mr. Singh isout of the country. You have told me that you did not notice Mr. Alizadeh’s deposition. We are unwilling, at thistime to consent to a continuance of the trial. From: Matthew Bradford Sent: Tuesday, August 7, 2018 2:14 PM To: Paul A.Warner Ce: Nancy Amezcua Subject: Voyager v.Sonora Mr. Warner: |am in the middle of preparing my opposition to your motion to compel the deposition of Mr. Singh. |can make Mr. Singh available for a deposition, ifyou will also make your clients Abe Alizadeh and Mitra Alizadeh available for deposition. This willrequire a continuance ofthe trial. Please letme know today. Matthew C.Bradford, Esq. Robinson Bradford, LLP Direct Line: 858.480.6968