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SHANNON B. JONES LAW GROUP, INC.
SHANNON B. JONES (Bar No. 149222) iF J R P= rT
sbij@sbj-law.com Superior Gourt af if
LINDSEY A. MORGAN (Bar No. 274214) .
lam@sbj-law.com JUL 25 2079
208 W. El Pintado Road
Danville, California 94526 __ dake
Telephone: (925) 837-2317 ‘
Facsimile: (925) 837-4831
Attorneys for Plaintiff
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
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Plaintiff, ORDER DENYING
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DEFENDANTS’ MOTION TO COMPEL
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V. FURTHER RESPONSE TO REQUEST FOR
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ADMISSIONS, SET ONE
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ERIK LUDWICK, an individual and
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beneficiary of The Anything Trust Dated
October 12, 2007; THE ANYTHING TRUST Date: July 11,2019
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DATED OCTOBER 12, 2007; PAUL D. Time: 8:30 a.m.
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BOOTH, in his capacity as trustee of The Dept: 42
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Anything Trust Dated October 12, 2007; and
DOES 1-50,
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Complaint Filed: November 7, 2018
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Defendants. Trial Date: None Set
Name
The Order herein relates to the Motion to Compel Further Response to Requests
For Admissions, 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, at 8:30 a.m., inDepartment 42 of the Placer Superior Court before the Honorable
Charles D. Wachob. On July 10, 2019, the Court issued itstentative ruling on the Motion, which
no party contested. Accordingly, the Court hereby adopts itstentative ruling, which isset forth
verbatim below, and orders as follows:
[PROPOSED] ORDER
The motion isdenied without prejudice. Requests made on the civil law and
motion calendar require the filing,at aminimum, of a notice of hearing on any motion; the
nN
motion itself;and amemorandum insupport of the motion. (California Rules of Court, Rule
3.1112(a).) The court fileand defendants’ proofof service show defendants failed to fileand
serve anotice of motion and a memorandum in support of this request. The failure to include
these documents is fatal. Defendant has not been afforded proper notice of the motion and the
court isunable to fully assess the request without amemorandum of points and authorities. The
court declines to entertain the motion until such time as itis properly brought before the court.
Plaintiff's request forsanctions is denied. The imposition of monetary sanctions
isgenerally warranted where a party makes an unsuccessful motion tocompel further responses
to requests for admissions. (Code of Civil Procedure section 2033.290(d).) Such sanctions will
not be awarded where there isa substantial justification or other circumstances would make the
imposition unjust. (Ibid.) The court has carefully reviewed the moving and opposing papers.
While plaintiff made procedural errors inthe presentation of the motion, the substantive request
brought to the court was justified. Indeed, thismatter should have been handled informally
rather than forcing plaintiff to seek acourt order to a straightforward request foradmission. The
court finds plaintiff was justified in bringing the motion so that plaintiffis not entitled to a
sanction award.
IT IS SO ORDERED.
Dated: “7-25 -/9 (bade ihe
HONORABLE CHARLES D. WACHOB
JUDGE OF THE SUPERIOR COURT FOR
THE COUNTY OF PLACER
Approved as to Form & Content:
Michael A.J. Nangano, &sq-
Attorney for Defendants
nm
[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 1S 2019, Iserved the within document(s):
[PROPOSED] ORDER DENYING DEFENDANTS’ MOTION TO COMPEL FURTHER
DBD
RESPONSE TO REQUEST FOR ADMISSIONS, SET ONE
NY
XxX 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.
Oe
So
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
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the Anything Trust the Anything Trust
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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
16
I declare under penalty of perjury under the laws of the State of California that the
17 above is true and correct.
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Executed on July |, 2019, at Danville, California.
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[PROPOSED] ORDER
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gn 4 SHANNON B. JONES LAW GROUP, INC. SHANNON B. JONES (Bar No. 149222) iF J R P= rT sbij@sbj-law.com Superior Gourt af if LINDSEY A. MORGAN (Bar No. 274214) . lam@sbj-law.com JUL 25 2079 208 W. El Pintado Road Danville, California 94526 __ dake Telephone: (925) 837-2317 ‘ Facsimile: (925) 837-4831 Attorneys for Plaintiff 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 ee Plaintiff, ORDER DENYING ee DEFENDANTS’ MOTION TO COMPEL ee V. FURTHER RESPONSE TO REQUEST FOR ee ADMISSIONS, SET ONE ee ERIK LUDWICK, an individual and ee beneficiary of The Anything Trust Dated October 12, 2007; THE ANYTHING TRUST Date: July 11,2019 ee DATED OCTOBER 12, 2007; PAUL D. Time: 8:30 a.m. ee BOOTH, in his capacity as trustee of The Dept: 42 ee Anything Trust Dated October 12, 2007; and DOES 1-50, Ne Complaint Filed: November 7, 2018 ee Defendants. Trial Date: None Set Name The Order herein relates to the Motion to Compel Further Response to Requests For Admissions, 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, at 8:30 a.m., inDepartment 42 of the Placer Superior Court before the Honorable Charles D. Wachob. On July 10, 2019, the Court issued itstentative ruling on the Motion, which no party contested. Accordingly, the Court hereby adopts itstentative ruling, which isset forth verbatim below, and orders as follows: [PROPOSED] ORDER The motion isdenied without prejudice. Requests made on the civil law and motion calendar require the filing,at aminimum, of a notice of hearing on any motion; the nN motion itself;and amemorandum insupport of the motion. (California Rules of Court, Rule 3.1112(a).) The court fileand defendants’ proofof service show defendants failed to fileand serve anotice of motion and a memorandum in support of this request. The failure to include these documents is fatal. Defendant has not been afforded proper notice of the motion and the court isunable to fully assess the request without amemorandum of points and authorities. The court declines to entertain the motion until such time as itis properly brought before the court. Plaintiff's request forsanctions is denied. The imposition of monetary sanctions isgenerally warranted where a party makes an unsuccessful motion tocompel further responses to requests for admissions. (Code of Civil Procedure section 2033.290(d).) Such sanctions will not be awarded where there isa substantial justification or other circumstances would make the imposition unjust. (Ibid.) The court has carefully reviewed the moving and opposing papers. While plaintiff made procedural errors inthe presentation of the motion, the substantive request brought to the court was justified. Indeed, thismatter should have been handled informally rather than forcing plaintiff to seek acourt order to a straightforward request foradmission. The court finds plaintiff was justified in bringing the motion so that plaintiffis not entitled to a sanction award. IT IS SO ORDERED. Dated: “7-25 -/9 (bade ihe HONORABLE CHARLES D. WACHOB JUDGE OF THE SUPERIOR COURT FOR THE COUNTY OF PLACER Approved as to Form & Content: Michael A.J. Nangano, &sq- Attorney for Defendants nm [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 1S 2019, Iserved the within document(s): [PROPOSED] ORDER DENYING DEFENDANTS’ MOTION TO COMPEL FURTHER DBD RESPONSE TO REQUEST FOR ADMISSIONS, SET ONE NY XxX 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. Oe So 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 10 the Anything Trust the Anything Trust 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 |, 2019, at Danville, California. 19 20 21 Dn 23 24 25 26 27 28 [PROPOSED] ORDER