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MICHAEL A.J. NANGANO (SBN 133999)
LAW OFFICES OF MICHAEL A.J. NANGANO
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133 No. Altadena Drive, Suite 403
Pasadena, CA 91107 SuRER F i i rb DD.
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Phone: (626) 796-9998 SPE TOURTY OE PLACER
Fax: (626) 796-9992
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SEP 30 2019
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LAWRENCE E. SKIDMORE (SBN 137587) JAKE CHAT FERS
ARONOWITZ, SKIDMORE & LYON EXECUTIVE Ors 9/CLERK
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200 Auburn Folsom Road, Suite 305 By: E. Cavazos;-Ceputy
Auburn, CA 95603
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Phone: (530) 823-9736
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Fax: (530) 823-5241
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Attorneys for Defendants
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
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PACIFIC UNION INTERNATIONAL, ) Case No. S-CV 0042080
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INC., )
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Plaintiff, ) DEFENDANTS’ OBJECTIONS TO:
) (1) PLAINTIFF’S SUPPLEMENTAL
VS. ) REQUEST FOR JUDICIAL NOTICE &
(2) SUPPLEMENTAL DECLARATION
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ERIK LUDWICK, an individual AND OF SHANNON B. JONES IN SUPPORT
Beneficiary of The Anything Trust dated ) OF MOTION TO TRANSFER CASE
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October 12, 2007; THE ANYTHING ) FROM LOS ANGELES SUPERIOR
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TRUST DATED OCTOBER 12, 2017; ) COURT TO PLACER COUNTY AND
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PAUL D. BOOTH, in his capacity as Trustee ) CONSOLIDATE ACTIONS
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of The Anything Trust Dated October 12,
2007; and Does | through 50, inclusive, )
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) Motion Date: October 3, 2019
) Time: 8:30 a.m.
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Defendants.
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) Dept.: 42
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Complaint Filed: November 7, 2018
Trial Date: None Set
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DEFENDANTS’ OBJECTIONS TO PLAINTIFF’S SUPPLEMENTAL REQUEST FOR JUDICIAL
NOTICE IN SUPPORT OF MOTION TO TRANSFER CASE FROM LOS ANGELES
SUPERIOR COURT TO PLACER COUNTY AND CONSOLIDATE ACTIONS
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In conjunction with its Reply Brief in Support of its “Motion to Transfer the Action Filed in
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Los Angeles Superior Court to this Court and to Consolidate, or Alternatively Coordinate, the Los
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Angeles Action with the Placer County Action” (hereinafter “the Motion to Transfer’), Plaintiff
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Pacific Union International (“Plaintiff’ or “PUI”’) has filed both a “Supplemental Request for
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Judicial Notice” and a “Supplemental Declaration of Shannon B. Jones” (the “Jones Declaration”).
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Both of these “Supplemental” documents are improper and should be disregarded by the Court.
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With respect to PUI’s “Request for Judicial Notice,” Evidence Code §453 states:
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The trial court shall take judicial notice of any matter specified in Section 452
ifa party requests itand:
(a) Gives each adverse party sufficient notice of the request, through the
pleadings or otherwise, to enable such adverse party to prepare to meet the
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request; and
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(b) Furnishes the court with sufficient information to enable itto take judicial
notice of the matter.
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(Emphasis added.)
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Clearly a “Supplemental Request for Judicial Notice” filed with a Reply Brief in support of
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a motion does not provide Defendants “sufficient notice of the request . . . to
enable [Defendants]
to prepare to meet the request...” (See, also Evidence Code §455(a), requiring the Court to
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“afford each party reasonable opportunity to meet such information before judicial notice of the
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matter may be taken.”)
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Likewise, Ms. Jones’ “Supplemental Declaration” should also be disregarded pursuant to
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Evidence Code §455(a).
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DEFENDANTS’ OBJECTIONS TO PLAINTIFF’S SUPPLEMENTAL REQUEST FOR JUDICIAL
NOTICE IN SUPPORT OF MOTION TO TRANSFER CASE FROM LOS ANGELES
SUPERIOR COURT TO PLACER COUNTY AND CONSOLIDATE ACTIONS
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In her Supplemental Declaration, Ms. Jones states that she represents all of the Defendants
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in the Los Angeles Superior Court Action, Ludwick v. Partners Trust, et al.,19STVC 25531 (the
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“LASC Action”). This bald assertion is the firsttime that Ms. Jones has made this claim! In fact,
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four (4) of the defendants in the LASC Action are technically indefault (although their default has
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not yet been entered) as they were served inAugust and have not yet filed a responsive pleading.
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Further, Ms. Jones’ statement that allof the Defendants in the LASC Action are willing to
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appear and defend in Placer County is unsupported by any Declaration from any of those
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Defendants, and/or any other evidence. As such, it is inadmissible hearsay. As noted in
Defendants’ Opposition to the Motion to Transfer: CCP §404.1 requires “that the moving party has
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made a good faith effort to obtain agreement to the transfer from allparties to each action. Notice
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of the motion shall be served on all parties to each action and on each court in which an action is
pending.” Under California Rule ofCourt 3.500c, this duty to notify ALL parties to an action which
the moving party isseeking to have transferred is mandatory — and PUI has stillnot provided any
evidence whatsoever that PUI’s Counsel has even communicated with the additional LASC
defendants in writing as required under Rule 3.500c to request their agreement to the transfer, let
alone that she has obtained their agreement.
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“The salutary rule is that points raised in areply brief for the firsttime will not be considered
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cause is shown for the failure to present them before.” (Balboa Ins. Co. v.Aguirre
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unless good
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(1983) 149 Cal.App.3d 1002, 1010; 197 Cal.Rptr. 250, 254; see also Jay v. Mahaffey (2013) 218
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CA4th 1522, 1537-1538, 161 CR3d 700, 712). PUI has not made any such showing.
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DEFENDANTS’ OBJECTIONS TO PLAINTIFF’S SUPPLEMENTAL REQUEST FOR JUDICIAL
NOTICE IN SUPPORT OF MOTION TO TRANSFER CASE FROM LOS ANGELES
SUPERIOR COURT TO PLACER COUNTY AND CONSOLIDATE ACTIONS
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Finally, even ifall of Ms. Jones’ unsubstantiated and unsupported claims were accurate, the
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fact remains that the real property which is the subject of the LASC Action, together with all
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percipient witnesses and relevant documents, are located in Los Angeles County.
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Thus, PUI’s “Supplemental Request for Judicial Notice” and Ms. Jones’ “Supplemental
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Declaration” should be disregarded; and PUI’s Motion to Transfer the LASC Action to Placer
County should be denied.
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DATED: September 27, 2019 MICHAEL A.J. NANGANO, A LAW CORP.
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BY:
14 MICHAEL A.J. NANGANO
15 Attorneys for Defendants
16 Fucsimile signature as original
Pursuant toC.R.C. Rule 2.305(d)
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28 DEFENDANTS’ OBJECTIONS TO PLAINTIFF’S SUPPLEMENTAL REQUEST FOR JUDICIAL
NOTICE IN SUPPORT OF MOTION TO TRANSFER CASE FROM LOS ANGELES
SUPERIOR COURT TO PLACER COUNTY AND CONSOLIDATE ACTIONS
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NN PROOF OF SERVICE
Iam employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action. My business address
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is 133 N. Altadena Drive, Suite 403,
Pasadena, CA 91107.
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On September 27, 2019, I served the following document(s) described as:
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DEFENDANTS’ OBJECTIONS TO: (1) PLAINTIFF’S SUPPLEMENTAL REQUEST FOR
JUDICIAL NOTICE & (2) SUPPLEMENTAL DECLARATION OF SHANNON B. JONES IN
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SUPPORT OF MOTION TO TRANSFER CASE FROM LOS ANGELES SUPERIOR COURT
TO PLACER COUNTY AND CONSOLIDATE ACTIONS
on allinterested parties in this action by placing [X]atrue copy [ ] the original thereof enclosed
in sealed envelopes addressed as follows:
10 SEE ATTACHED MAILING LIST
11 [] (BY FACSIMILE) The facsimile machine I used complied with Rule 2003(3) and no error
was reported by the machine. Pursuant to Rule 2008(e)(4), I caused the machine to print a
12 record of the transmission.
13 U (BY MAIL, 1013a, 2015.5 C.C.P.) Iam readily familiar with the firm’s practice for
collection and processing correspondence for mailing. Under that practice, this document
14 will be deposited with the U.S. Postal Service on this date with postage thereon fully prepaid
at Los Angeles, California in the ordinary course of business. I am aware that on motion of
15 the party served, service is presumed invalid if postal cancellation date or postage meter date
is more than one day after date of deposit for mailing in affidavit.
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0 (BY OVERNIGHT DELIVERY/COURIER) I served the above referenced document(s)
17 enclosed in a sealed package, for collection and for delivery marked for next day delivery in
the ordinary course of business, addressed to the office of the addressee(s) listed above or on
18 attached sheet.
19 [X] (BY E-MAIL) I transmitted a copy of the foregoing document(s) via e-mail to the
addressee(s). Courtesy copy
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(STATE) Ideclare under penalty of perjury under the laws of the State of California that the
a. above istrue and correct.
22 Executed on September 27, 2019, at Pasadena, COD
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24 Patricia M. Poole
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Facsimile signature as original
26 Pursuant to C.R.C. Rule 2.305(d)
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PROOF OF SERVICE
MAILING LIST
Pacific Union International, Inc. v. Ludwick, et al.
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Case No. SCV0042080
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Shannon B. Jones, Esq.
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Lindsey Morgan, Esq.
Shannon B. Jones Law Group, Inc.
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208 W. El Pintado Road
Danville, CA 94526
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Lawrence E. Skidmore, Esq.
Aronowitz Skidmore Lyon
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A Professional Law Corporation
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200 Auburn Folsom Road, Suite 305
Auburn, CA 95603
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PROOF OF SERVICE