Preview
05/29/2020
1 Lawrence E. Skidmore(SBN 137587)
ARONOWITZ SKIDMORE LYON
2 A PROFESSIONAL CORPORATION
200 Auburn Folsom Road, Suite 305
3 Auburn, CA 95603
Telephone: 530-823-9736
4 Facsimile: 530-823-5241
5 MICHAEL AJ. NANGANO(SBN 133999)
Law Offices of Michael aj.Nangano
6 133 No. Altadena Drive, Suite 403
Pasadena, CA 91107
7 Phone: (626)796-9998
Fax: (626)796-9992
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Attorney for Defendants
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF PLACER
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PACIFIC UNION INTERNATIONAL, Case No. S-CV 0042080
13 INC.,
14 Plaintiff, DECLARATION OF ERIK LUDWICK
(an individual and Trustor and Settlor of
15 vs. THE ANYTHING TRUST DATED
OCTOBER 12,2007)IN SUPPORT OF
16 ERIK LUDWICK,an individual AND MOTION FOR SUMMARY
Settlor of The Anything Trust dated October JUDGMENT
17 12,2007; THE ANYTHING TRUST
DATED OCTOBER 12,2007; PAUL D. Hearing Date: August 13,2020
18 BOOTH,in his capacity as Trustee of The Time: 8:30 A.M.
Anything Trust Dated October 12, 2007; and Dept.: Dept 42
19 Does 1 through 50, inclusive.
Trial Date: September 21,2020
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Defendants.
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DECLARATION OF ERIK LUDWICK
(an individual and Trustor and Settlor of THE ANYTHING TRUST DATED OCTOBER 12,2007)
IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
1 I, ERIK LUDWICK,declare:
2 1. I am a named defendant in this action, and I am an individual, and I am the current Trustee,
3 as well as, the Trustor, Settlor and/or primary beneficiary of THE ANYTHING TRUST DATED
4 OCTOBER 12, 2007 in the State of California, and in the within matter referred to as Defendant
5 "The Anything Trust Dated October 12, 2007"(hereinafter "the Trust")(attached to Defendants'
6 "Request For Judicial Notice" as Exhibit"1", is a true and correct copy of the "Acknowledgment"
7 signed by me and notarized on October 16, 2007 in Los Angeles County creating the Trust; also
8 attached as Exhibit "2",is the "Second Amendment"dated March 25,2019 making me the Trustee)
9 which was the owner of record ofthe Los Angeles County Property located at 200 Toyopa Drive,
10 Pacific Palisades, CA 90272 in the County of Los Angeles, CA (hereinafter "the L. A. County
11 Property")(the Trust does not now nor ever has done business in and/or own any property in Placer
12 County). 1 am resident ofLos Angeles County, and have been at all times relevant to this matter;
13 and, 1 make this declaration on my own personal knowledge, and if called to testify could
14 competently testify thereto.
15 2. The previous trustee and named Defendant Paul Booth ("Booth")was replaced by me,on or
16 about April 5, 2019, however, even when Booth held his position as Trustee, he served at my
17 direction and preformed as a signatory on behalf of the Trust again at my direction and/or
18 supervision. Booth as trustee carried out my instructions.
19 3. The contract in this matter consists of a California Association of Realtors("CAR")form
20 "Residential Listing Agreement" ("Toyopa Listing Agreement") consisting of 5-pages was an
21 agreement between Partners Trust, Inc. and the Trust and myself. A true and correct copy ofthe
22 Toyopa Listing Agreement is attached to Defendants'"Request for Judicial Notice" as Exhibit "3".
23 4. On Page-5 of the Toyopa Listing Agreement under the paragraph entitled "Representative
24 Capacity" appearing just above the parties' signatures,the paragraph refers to an additional 1-Page
25 CAR form entitled "Representative Capacity Signature Disclosure (For Seller Representatives)."
26 A true and correct copy ofthis "Page-6" to the Toyopa Listing Agreement which is part ofExhibit
27 "3" to the "Request for Judicial Notice".
28 ///
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DECLARATION OF ERIK LUDWICK
(an individual and Trustor and Settlor of THE ANYTHING TRUST DATED OCTOBER 12,2007)
IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
1 5. The paragraph entitled "Representative Capacity" of Exhibit "3" and accompanying 1-Page
2 CAR form (Exhibit"3")recognize that the L. A.County Property was "held in trust" for the named
3 defendant and legal Settlor ofthe Trust and current Trustee, ERIK LUDWICK. This signed and
4 executed 1-Page document was and/or is part ofthe Toyopa Listing Agreement but Plaintifffailed
5 to include it in Plaintiff Exhibit A to Plaintiffs Complaint. Again, a true and correct copy ofthis
6 "Page-6" to the Toyopa Listing Agreement is attached as Page-6 to Exhibit "3".
7 6. When the Toyopa Listing Agreement contract was negotiated, agreed upon and entered into
8 was engaged in and/or done so by Madison Hildebrand on behalfof"Partner's Trust"(the previous
9 corporate/business entity to Plaintiff) and I. All ofthese activities leading up to and including the
10 contractual agreement entered into and signed occurred in Los Angeles County. All of which
11 occurred with the anticipation, understanding and agreement that the contract would be performed
12 and fulfilled in Los Angeles County. Paul D. Booth, as trustee for the TRUST which held the
13 L. A.County Property for my benefit, merely signed the contract agreed to by Madison Hildebrand
14 (again on behalfofthe licensed real estate broker for Partner's Trust a real estate agency which had
15 its principle place of business at 23410 Civic Way, Malibu, CA 90265 in the County of Los
16 Angeles) and I.
17 7. The CAR Toyopa Listing Agreement on page-1 states that it is an "exclusive and irrevocable
18 right to sell or exchange"real property "described as 200 Toyopa Drive situated in Pacific Palisades
19 (City), Los Angeles (County) California 90272" ("the L. A. County Property") and goes on to
20 provide the Parcel Number to further identify the L. A.County Property provides the Court with the
21 prima facie location and parties to the contract, where it was made,agreed to and/or performed.
22 8. This contract was negotiated, agreed to and to be performed in Los Angeles County in the
23 cities of Pacific Palisades and Malibu, California by myselfthe declarant and by the agent for the
24 broker, Madison Hildebrand and the broker Partners Trust. PUI was not a party to the contract.
25 9. Everything related to the formation and/or the performance and/or communications related
26 to contract were from exchanges between agent Madison Hildebrand and I, and no one else was
27 involved; and, the broker was Partners Trust, in addition to the listing, see the true and correct
28 copies ofthe purchase agreement(Exhibit"7")and the seller's final closing statement(Exhibit "8").
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DECLARATION OF ERIK LUDWICK
(an individual and Trustor and Settlor of THE ANYTHING TRUST DATED OCTOBER 12,2007)
IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
1 10. I reside in the city of Maiibu, California in Los Angeles County as does and did the office of
2 the real estate broker(23410 Civic Center Way, Cl, Maiibu, California 90265)that I dealt with
3 through Madison Hildebrand, the real estate agent contracted with and/or through to represent the
4 Los Angeles County Property for sale.
5 11. I assert that the PlaintiffBroker/Agent who is not a party to the contractfiled in Placer County
6 to cause me further injury by having this matter litigated in this remote location to the subject
7 matter,real property and/or performance ofthe contract all arising in Los Angeles County. Plaintiff
8 has done so to make it as inconvenient,as difficult and/or as impossible as they can for me to defend
9 and/or respond to this action. Further Plaintiff has filed this action in Placer County to avoid the
10 negative publicity Plaintifffaces in Los Angeles County for suing a client for a 6% commission on
11 the sale ofa residential property for more than $16 million dollars when that is not consistent with
12 industry standards and/or practices. Rather it represents a commission fee for an amount especially
13 in a dual agency capacity that is not charged, not requested, not sought, and/or not received.
14 12. There are no obligations ofany party relevant in this action that arise from the Toyopa Listing
15 Agreement that were preformed by PUI or any of the Defendants as an obligation, term and/or
16 condition ofthe Toyopa Listing Agreement, between these parties and/or any ofthem. There is no
17 express language and/or any expressed condition to the contract either in writing and/or orally to
18 the contrary to alter the Toyopa Listing Agreement and/or any obligation incurred thereby and/or
19 arising out ofthe contract.
20 13. As such, I respectfully request a determination by this Court that this matter, the Plaintiffs
21 Complaint is dismissed as a matter of law and/or fact as sought by this motion for summary
22 judgement.
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24 I declare under penalty of perjury under the laws of California that the foregoing is true and
25 correct. Executed on this 26'"' day of May,2020, in Maiibu, California
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ERDCLUD
28 Declarant
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DECLARATION OF ERIK LUDWICK
(an individual and Trustor and Settlor of THE ANYTHING TRUST DATED OCTOBER 12,2007)
IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
Preview
05/29/2020 1 Lawrence E. Skidmore(SBN 137587) ARONOWITZ SKIDMORE LYON 2 A PROFESSIONAL CORPORATION 200 Auburn Folsom Road, Suite 305 3 Auburn, CA 95603 Telephone: 530-823-9736 4 Facsimile: 530-823-5241 5 MICHAEL AJ. NANGANO(SBN 133999) Law Offices of Michael aj.Nangano 6 133 No. Altadena Drive, Suite 403 Pasadena, CA 91107 7 Phone: (626)796-9998 Fax: (626)796-9992 8 Attorney for Defendants 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF PLACER 11 12 PACIFIC UNION INTERNATIONAL, Case No. S-CV 0042080 13 INC., 14 Plaintiff, DECLARATION OF ERIK LUDWICK (an individual and Trustor and Settlor of 15 vs. THE ANYTHING TRUST DATED OCTOBER 12,2007)IN SUPPORT OF 16 ERIK LUDWICK,an individual AND MOTION FOR SUMMARY Settlor of The Anything Trust dated October JUDGMENT 17 12,2007; THE ANYTHING TRUST DATED OCTOBER 12,2007; PAUL D. Hearing Date: August 13,2020 18 BOOTH,in his capacity as Trustee of The Time: 8:30 A.M. Anything Trust Dated October 12, 2007; and Dept.: Dept 42 19 Does 1 through 50, inclusive. Trial Date: September 21,2020 20 Defendants. 21 22 23 24 25 26 27 28 1 DECLARATION OF ERIK LUDWICK (an individual and Trustor and Settlor of THE ANYTHING TRUST DATED OCTOBER 12,2007) IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 1 I, ERIK LUDWICK,declare: 2 1. I am a named defendant in this action, and I am an individual, and I am the current Trustee, 3 as well as, the Trustor, Settlor and/or primary beneficiary of THE ANYTHING TRUST DATED 4 OCTOBER 12, 2007 in the State of California, and in the within matter referred to as Defendant 5 "The Anything Trust Dated October 12, 2007"(hereinafter "the Trust")(attached to Defendants' 6 "Request For Judicial Notice" as Exhibit"1", is a true and correct copy of the "Acknowledgment" 7 signed by me and notarized on October 16, 2007 in Los Angeles County creating the Trust; also 8 attached as Exhibit "2",is the "Second Amendment"dated March 25,2019 making me the Trustee) 9 which was the owner of record ofthe Los Angeles County Property located at 200 Toyopa Drive, 10 Pacific Palisades, CA 90272 in the County of Los Angeles, CA (hereinafter "the L. A. County 11 Property")(the Trust does not now nor ever has done business in and/or own any property in Placer 12 County). 1 am resident ofLos Angeles County, and have been at all times relevant to this matter; 13 and, 1 make this declaration on my own personal knowledge, and if called to testify could 14 competently testify thereto. 15 2. The previous trustee and named Defendant Paul Booth ("Booth")was replaced by me,on or 16 about April 5, 2019, however, even when Booth held his position as Trustee, he served at my 17 direction and preformed as a signatory on behalf of the Trust again at my direction and/or 18 supervision. Booth as trustee carried out my instructions. 19 3. The contract in this matter consists of a California Association of Realtors("CAR")form 20 "Residential Listing Agreement" ("Toyopa Listing Agreement") consisting of 5-pages was an 21 agreement between Partners Trust, Inc. and the Trust and myself. A true and correct copy ofthe 22 Toyopa Listing Agreement is attached to Defendants'"Request for Judicial Notice" as Exhibit "3". 23 4. On Page-5 of the Toyopa Listing Agreement under the paragraph entitled "Representative 24 Capacity" appearing just above the parties' signatures,the paragraph refers to an additional 1-Page 25 CAR form entitled "Representative Capacity Signature Disclosure (For Seller Representatives)." 26 A true and correct copy ofthis "Page-6" to the Toyopa Listing Agreement which is part ofExhibit 27 "3" to the "Request for Judicial Notice". 28 /// 2 DECLARATION OF ERIK LUDWICK (an individual and Trustor and Settlor of THE ANYTHING TRUST DATED OCTOBER 12,2007) IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 1 5. The paragraph entitled "Representative Capacity" of Exhibit "3" and accompanying 1-Page 2 CAR form (Exhibit"3")recognize that the L. A.County Property was "held in trust" for the named 3 defendant and legal Settlor ofthe Trust and current Trustee, ERIK LUDWICK. This signed and 4 executed 1-Page document was and/or is part ofthe Toyopa Listing Agreement but Plaintifffailed 5 to include it in Plaintiff Exhibit A to Plaintiffs Complaint. Again, a true and correct copy ofthis 6 "Page-6" to the Toyopa Listing Agreement is attached as Page-6 to Exhibit "3". 7 6. When the Toyopa Listing Agreement contract was negotiated, agreed upon and entered into 8 was engaged in and/or done so by Madison Hildebrand on behalfof"Partner's Trust"(the previous 9 corporate/business entity to Plaintiff) and I. All ofthese activities leading up to and including the 10 contractual agreement entered into and signed occurred in Los Angeles County. All of which 11 occurred with the anticipation, understanding and agreement that the contract would be performed 12 and fulfilled in Los Angeles County. Paul D. Booth, as trustee for the TRUST which held the 13 L. A.County Property for my benefit, merely signed the contract agreed to by Madison Hildebrand 14 (again on behalfofthe licensed real estate broker for Partner's Trust a real estate agency which had 15 its principle place of business at 23410 Civic Way, Malibu, CA 90265 in the County of Los 16 Angeles) and I. 17 7. The CAR Toyopa Listing Agreement on page-1 states that it is an "exclusive and irrevocable 18 right to sell or exchange"real property "described as 200 Toyopa Drive situated in Pacific Palisades 19 (City), Los Angeles (County) California 90272" ("the L. A. County Property") and goes on to 20 provide the Parcel Number to further identify the L. A.County Property provides the Court with the 21 prima facie location and parties to the contract, where it was made,agreed to and/or performed. 22 8. This contract was negotiated, agreed to and to be performed in Los Angeles County in the 23 cities of Pacific Palisades and Malibu, California by myselfthe declarant and by the agent for the 24 broker, Madison Hildebrand and the broker Partners Trust. PUI was not a party to the contract. 25 9. Everything related to the formation and/or the performance and/or communications related 26 to contract were from exchanges between agent Madison Hildebrand and I, and no one else was 27 involved; and, the broker was Partners Trust, in addition to the listing, see the true and correct 28 copies ofthe purchase agreement(Exhibit"7")and the seller's final closing statement(Exhibit "8"). 3 DECLARATION OF ERIK LUDWICK (an individual and Trustor and Settlor of THE ANYTHING TRUST DATED OCTOBER 12,2007) IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 1 10. I reside in the city of Maiibu, California in Los Angeles County as does and did the office of 2 the real estate broker(23410 Civic Center Way, Cl, Maiibu, California 90265)that I dealt with 3 through Madison Hildebrand, the real estate agent contracted with and/or through to represent the 4 Los Angeles County Property for sale. 5 11. I assert that the PlaintiffBroker/Agent who is not a party to the contractfiled in Placer County 6 to cause me further injury by having this matter litigated in this remote location to the subject 7 matter,real property and/or performance ofthe contract all arising in Los Angeles County. Plaintiff 8 has done so to make it as inconvenient,as difficult and/or as impossible as they can for me to defend 9 and/or respond to this action. Further Plaintiff has filed this action in Placer County to avoid the 10 negative publicity Plaintifffaces in Los Angeles County for suing a client for a 6% commission on 11 the sale ofa residential property for more than $16 million dollars when that is not consistent with 12 industry standards and/or practices. Rather it represents a commission fee for an amount especially 13 in a dual agency capacity that is not charged, not requested, not sought, and/or not received. 14 12. There are no obligations ofany party relevant in this action that arise from the Toyopa Listing 15 Agreement that were preformed by PUI or any of the Defendants as an obligation, term and/or 16 condition ofthe Toyopa Listing Agreement, between these parties and/or any ofthem. There is no 17 express language and/or any expressed condition to the contract either in writing and/or orally to 18 the contrary to alter the Toyopa Listing Agreement and/or any obligation incurred thereby and/or 19 arising out ofthe contract. 20 13. As such, I respectfully request a determination by this Court that this matter, the Plaintiffs 21 Complaint is dismissed as a matter of law and/or fact as sought by this motion for summary 22 judgement. 23 24 I declare under penalty of perjury under the laws of California that the foregoing is true and 25 correct. Executed on this 26'"' day of May,2020, in Maiibu, California 26 27 ERDCLUD 28 Declarant 4 DECLARATION OF ERIK LUDWICK (an individual and Trustor and Settlor of THE ANYTHING TRUST DATED OCTOBER 12,2007) IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT