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SHANNON B. JONES LAW GROUP, INC.
SHANNON B. JONES (Bar No. 149222) FILED
Superior
sbj@sbj-law.com Court
County of
of Californi
Placer ma
LINDSEY A. MORGAN (Bar No. 274214)
Lo
lam@sbj-law.com AUG 05 2019
208 W. El Pintado Road
Jake Chatters
Danville, California 94526 Executive Officer & Clerk
Telephone: (925) 837-2317 By: T. Ruiz, Deputy
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Facsimile: (925) 837-4831 16
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Attorneys for Plaintiff
PACIFIC UNION INTERNATIONAL, INC.
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF PLACER
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11 PACIFIC UNION INTERNATIONAL, INC., Case No. SCV0042080
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12 Plaintiff, ee
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NOTICE OF ENTRY OF ORDER
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V.
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ERIK LUDWICK, an individual and
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beneficiary of The Anything Trust Dated
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October 12, 2007; THE ANYTHING TRUST Complaint Filed: November 7, 2018
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DATED OCTOBER 12, 2007; PAUL D.
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BOOTH, in his capacity as trustee of The
Anything Trust Dated October 12, 2007; and
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DOES 1-50,
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Defendants.
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NOTICE OF ENTRY OF ORDER
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on July 25, 2019, the Court entered an Order
denying Defendants’ Motion to Compel Further Response to Special Interrogatories, Set One, a
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copy of which is attached hereto as Exhibit A.
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Dated: July b\ ,2019 SHANNON B. JONES LAW GROUP, INC.
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SHANNON B. JONES
Attorneys for Plaintiff,
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PACIFIC UNION INTERNATIONAL, INC.
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NOTICE OF ENTRY OF ORDER
EXHIBIT A
SHANNON B. JONES LAW GROUP, INC. _
—
SHANNON B. JONES (Bar No. 149222) riLer
No
sbj@sbj-law.com uperion Gets ‘alifornia
wo
LINDSEY A. MORGAN (Bar No. 274214) ~ounty of Piacer
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lam@sbj-law.com JUL 25 201
208 W. El Pintado Road
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Danville, California 94526 Ky aeake atters
Telephone: (925) 837-2317 By: Mi.7 aylor, t cou ty.
OND
Facsimile: (925) 837-4831 a
Attorneys for Plaintiff
orlCCOUlUlUCOUCUCUMN
PACIFIC UNION INTERNATIONAL, INC.
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
PACIFIC UNION INTERNATIONAL, INC.., ) Case No. SCV0042080
)
Plaintiff, ) [PROPOSED] ORDER DENYING
) DEFENDANTS’ MOTION TO COMPEL
V. FURTHER RESPONSES TO SPECIAL
INTERROGATORIES, SET ONE
ERIK LUDWICK, an individual and )
beneficiary of The Anything Trust Dated )
October 12, 2007; THE ANYTHING TRUST ) Date: July 11, 2019
DATED OCTOBER 12,2007; PAUL D. ) Time: 8:30 a.m.
BOOTH, in his capacity as trustee of The ) Dept: 42
Anything Trust Dated October 12,2007; and )
DOES 1-50, )
) Complaint Filed: November 7, 2018
Defendants, ) Trial Date: None Set
The Order herein relates to the Motion toCompel Further Response to Special
Interrogatories, Set One (the “Motion”), filed by Defendants ERIK LUDWICK, an individual
and beneficiary of The Anything Trust Dated October 12, 2007; and THE ANYTHING TRUST
DATED OCTOBER 12, 2007 (collectively, “Defendants”). The Motion was set for hearing on
July 11, 2019, at8:30 a.m., inDepartment 42 of the Placer Superior Court before the Honorable
Charles D. Wachob. On July 10, 2019, the Court issued its tentative ruling on the Motion, which
no party contested. Accordingly, the Court hereby adopts itstentative ruling, which isset forth
verbatim below, and orders as follows:
The motion isdenied without prejudice. Requests made on the civil law and
motion calendar require the filing,at a minimum, of a notice of hearing on any motion; the
[PROPOSED] ORDER
motion itself;and amemorandum insupport of themotion. (California Rules of Court, Rule
3.1112(a).) The court filedoes not reflect defendants filedeither a motion or amemorandum.
Defendants’ various proofs of service refer to a motion, which does not appear in the court file,
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but do not mention amemorandum. The failure to include these documents prevents the court
from sufficiently reviewing the request. The court declines to entertain the motion untilsuch
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time as itis properly brought before the court.
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Plaintiff's request for sanctions isdenied. The imposition ofmonetary sanctions
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isgenerally warranted where a party makes an unsuccessful motion to compel further responses
to interrogatories. (Code of Civil Procedure section 2030.300(d).) Such sanctions will not be
awarded where there is a substantial justification or other circumstances would make the
imposition unjust. (Ibid.) The court has carefully reviewed the moving and opposing papers.
While plaintiffmade procedural errors in the presentation of the motion, the substantive request
brought to the court was justified. The court finds plaintiff was justified in bringing the motion
so that plaintiff is not entitled to a sanction award.
IT IS SO ORDERED.
Dated: 77> 29714 Charles Wachob
HONORABLE CHARLES D. WACHOB
JUDGE OF THE SUPERIOR COURT FOR
THE COUNTY OF PLACER
Approved as to Form & Cornyent:
Michael A.J. Nangano, Esq.
Attorney for Defendants
to
[PROPOSED] ORDER
PROOF OF SERVICE
I,the undersigned, declare:
I am a resident of the State of California and over the age of eighteen years, and
not a party to the within action; my business address is 208 W. El Pintado Road, Danville, CA
94526. On July 15, 2019, I served the within document(s):
[PROPOSED] ORDER DENYING DEFENDANTS’ MOTION TO COMPEL FURTHER
RESPONSES TO SPECIAL INTERROGATORIES, SET ONE
X____ by transmitting via email the above listed document(s) to the email address(es) set forth
below on this date before 5:00 p.m.
Attorneys for Defendants Erik Ludwick, The Co-Counsel for Defendants Erik Ludwick, The
Anything Trust and Paul Booth as Trustee of Anything Trust and
10 the Anything Trust the Anything Trust
Paul Booth as Trustee of
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Michael A.J. Nangano, Esq. Lawrence E. Skidmore, Esq.
12 Michael A.J. Nangano, A Law Corporation Aronowitz, Skidmore, Lyon
133 North Altadena Drive, Suite 403 200 Auburn Folsom Road, Suite 305
13 Pasadena, CA 91107 Auburn, CA 95603
Tel: (626) 796-9998 Tel: (530) 823-9736
14 Fax: (213) 232-3252 Fax: (530) 823-5241
15 mnangano@lacounsel.com Iskidmore@asilaw.org
patti@lacounsel.com
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I declare under penalty of perjury under the laws of the State of California that the
17 above is true and correct.
18 Executed on July es 2019, at Danville, California.
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SALAMIDA
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[PROPOSED] ORDER
PROOF OF SERVICE
I,the undersigned, declare:
I am a resident of the State of California and over the age of eighteen years, and
not a party to the within action; my business address is 208 W. El Pintado Road, Danville, CA
94526. On August 2. 2019, Iserved the within document(s):
NOTICE OF ENTRY OF ORDER
by transmitting via email the above listed document(s) to the email address(es) set forth
below on this date before 5:00 p.m.
X____ by placing the document(s) listed above in a sealed envelope with postage thereon fully
prepaid, in the United States mail at Danville, California addressed as set forth below.
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11 Attorneys for Defendants Erik Ludwick, The Co-Counsel for Defendants Erik Ludwick, The
Anything Trust and Paul Booth as Trustee of Anything Trust and Paul Booth as Trustee of
12 the Anything Trust the Anything Trust
Michael A.J. Nangano, Esq. Lawrence E. Skidmore, Esq.
13 Michael A.J. Nangano, A Law Corporation Aronowitz, Skidmore, Lyon
133 North Altadena Drive, Suite 403 200 Auburn Folsom Road, Suite 305
14 Pasadena, CA 91107 Auburn, CA 95603
15 Tel: (626) 796-9998 Tel: (530) 823-9736
Fax: (213) 232-3252 Fax: (530) 823-5241
16 mnangano@lacounsel.com Iskidmore@asilaw.org
patti@lacounsel.com
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I declare under penalty of perjury under the laws of the State of California that the
18 above is true and correct.
19 Executed on August Z, 2019, at Danville, California.
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ALAMIDA
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NOTICE OF ENTRY OF ORDER
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SHANNON B. JONES LAW GROUP, INC. SHANNON B. JONES (Bar No. 149222) FILED Superior sbj@sbj-law.com Court County of of Californi Placer ma LINDSEY A. MORGAN (Bar No. 274214) Lo lam@sbj-law.com AUG 05 2019 208 W. El Pintado Road Jake Chatters Danville, California 94526 Executive Officer & Clerk Telephone: (925) 837-2317 By: T. Ruiz, Deputy Nn Facsimile: (925) 837-4831 16 DD Attorneys for Plaintiff PACIFIC UNION INTERNATIONAL, INC. N CO IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA co IN AND FOR THE COUNTY OF PLACER 10 11 PACIFIC UNION INTERNATIONAL, INC., Case No. SCV0042080 Se” 12 Plaintiff, ee ee NOTICE OF ENTRY OF ORDER 13 ee V. ee 14 ee ERIK LUDWICK, an individual and ee beneficiary of The Anything Trust Dated 15 ee October 12, 2007; THE ANYTHING TRUST Complaint Filed: November 7, 2018 ee DATED OCTOBER 12, 2007; PAUL D. 16 ee BOOTH, in his capacity as trustee of The Anything Trust Dated October 12, 2007; and 17 ee DOES 1-50, 18 ee Defendants. mee 19 Pm 20 21 yy) 23 24 25 26 27 28 NOTICE OF ENTRY OF ORDER TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on July 25, 2019, the Court entered an Order denying Defendants’ Motion to Compel Further Response to Special Interrogatories, Set One, a Ww copy of which is attached hereto as Exhibit A. -& Dated: July b\ ,2019 SHANNON B. JONES LAW GROUP, INC. WN 6 A= DH NSN SHANNON B. JONES Attorneys for Plaintiff, Oo PACIFIC UNION INTERNATIONAL, INC. So 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF ENTRY OF ORDER EXHIBIT A SHANNON B. JONES LAW GROUP, INC. _ — SHANNON B. JONES (Bar No. 149222) riLer No sbj@sbj-law.com uperion Gets ‘alifornia wo LINDSEY A. MORGAN (Bar No. 274214) ~ounty of Piacer wo lam@sbj-law.com JUL 25 201 208 W. El Pintado Road ae Danville, California 94526 Ky aeake atters Telephone: (925) 837-2317 By: Mi.7 aylor, t cou ty. OND Facsimile: (925) 837-4831 a Attorneys for Plaintiff orlCCOUlUlUCOUCUCUMN PACIFIC UNION INTERNATIONAL, INC. IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER PACIFIC UNION INTERNATIONAL, INC.., ) Case No. SCV0042080 ) Plaintiff, ) [PROPOSED] ORDER DENYING ) DEFENDANTS’ MOTION TO COMPEL V. FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE ERIK LUDWICK, an individual and ) beneficiary of The Anything Trust Dated ) October 12, 2007; THE ANYTHING TRUST ) Date: July 11, 2019 DATED OCTOBER 12,2007; PAUL D. ) Time: 8:30 a.m. BOOTH, in his capacity as trustee of The ) Dept: 42 Anything Trust Dated October 12,2007; and ) DOES 1-50, ) ) Complaint Filed: November 7, 2018 Defendants, ) Trial Date: None Set The Order herein relates to the Motion toCompel Further Response to Special Interrogatories, Set One (the “Motion”), filed by Defendants ERIK LUDWICK, an individual and beneficiary of The Anything Trust Dated October 12, 2007; and THE ANYTHING TRUST DATED OCTOBER 12, 2007 (collectively, “Defendants”). The Motion was set for hearing on July 11, 2019, at8:30 a.m., inDepartment 42 of the Placer Superior Court before the Honorable Charles D. Wachob. On July 10, 2019, the Court issued its tentative ruling on the Motion, which no party contested. Accordingly, the Court hereby adopts itstentative ruling, which isset forth verbatim below, and orders as follows: The motion isdenied without prejudice. Requests made on the civil law and motion calendar require the filing,at a minimum, of a notice of hearing on any motion; the [PROPOSED] ORDER motion itself;and amemorandum insupport of themotion. (California Rules of Court, Rule 3.1112(a).) The court filedoes not reflect defendants filedeither a motion or amemorandum. Defendants’ various proofs of service refer to a motion, which does not appear in the court file, Ww but do not mention amemorandum. The failure to include these documents prevents the court from sufficiently reviewing the request. The court declines to entertain the motion untilsuch UW time as itis properly brought before the court. Ww Plaintiff's request for sanctions isdenied. The imposition ofmonetary sanctions Nn isgenerally warranted where a party makes an unsuccessful motion to compel further responses to interrogatories. (Code of Civil Procedure section 2030.300(d).) Such sanctions will not be awarded where there is a substantial justification or other circumstances would make the imposition unjust. (Ibid.) The court has carefully reviewed the moving and opposing papers. While plaintiffmade procedural errors in the presentation of the motion, the substantive request brought to the court was justified. The court finds plaintiff was justified in bringing the motion so that plaintiff is not entitled to a sanction award. IT IS SO ORDERED. Dated: 77> 29714 Charles Wachob HONORABLE CHARLES D. WACHOB JUDGE OF THE SUPERIOR COURT FOR THE COUNTY OF PLACER Approved as to Form & Cornyent: Michael A.J. Nangano, Esq. Attorney for Defendants to [PROPOSED] ORDER PROOF OF SERVICE I,the undersigned, declare: I am a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is 208 W. El Pintado Road, Danville, CA 94526. On July 15, 2019, I served the within document(s): [PROPOSED] ORDER DENYING DEFENDANTS’ MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE X____ by transmitting via email the above listed document(s) to the email address(es) set forth below on this date before 5:00 p.m. Attorneys for Defendants Erik Ludwick, The Co-Counsel for Defendants Erik Ludwick, The Anything Trust and Paul Booth as Trustee of Anything Trust and 10 the Anything Trust the Anything Trust Paul Booth as Trustee of 11 Michael A.J. Nangano, Esq. Lawrence E. Skidmore, Esq. 12 Michael A.J. Nangano, A Law Corporation Aronowitz, Skidmore, Lyon 133 North Altadena Drive, Suite 403 200 Auburn Folsom Road, Suite 305 13 Pasadena, CA 91107 Auburn, CA 95603 Tel: (626) 796-9998 Tel: (530) 823-9736 14 Fax: (213) 232-3252 Fax: (530) 823-5241 15 mnangano@lacounsel.com Iskidmore@asilaw.org patti@lacounsel.com 16 I declare under penalty of perjury under the laws of the State of California that the 17 above is true and correct. 18 Executed on July es 2019, at Danville, California. 19 20 L. BL SALAMIDA wr 21 22 23 24 25 26 27 28 [PROPOSED] ORDER PROOF OF SERVICE I,the undersigned, declare: I am a resident of the State of California and over the age of eighteen years, and not a party to the within action; my business address is 208 W. El Pintado Road, Danville, CA 94526. On August 2. 2019, Iserved the within document(s): NOTICE OF ENTRY OF ORDER by transmitting via email the above listed document(s) to the email address(es) set forth below on this date before 5:00 p.m. X____ by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Danville, California addressed as set forth below. 10 11 Attorneys for Defendants Erik Ludwick, The Co-Counsel for Defendants Erik Ludwick, The Anything Trust and Paul Booth as Trustee of Anything Trust and Paul Booth as Trustee of 12 the Anything Trust the Anything Trust Michael A.J. Nangano, Esq. Lawrence E. Skidmore, Esq. 13 Michael A.J. Nangano, A Law Corporation Aronowitz, Skidmore, Lyon 133 North Altadena Drive, Suite 403 200 Auburn Folsom Road, Suite 305 14 Pasadena, CA 91107 Auburn, CA 95603 15 Tel: (626) 796-9998 Tel: (530) 823-9736 Fax: (213) 232-3252 Fax: (530) 823-5241 16 mnangano@lacounsel.com Iskidmore@asilaw.org patti@lacounsel.com 17 I declare under penalty of perjury under the laws of the State of California that the 18 above is true and correct. 19 Executed on August Z, 2019, at Danville, California. 20 21 ALAMIDA 9 23 24 25 26 27 28 NOTICE OF ENTRY OF ORDER