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1 SHANNON B. JONES LAW GROUP, INC. 06/05/2020
SHANNON B. JONES (Bar No. 149222)
2 sbj@sbj-law.com
3 LINDSEY A. MORGAN (Bar No. 274214)
lam@sbj-law.com
4 208 W. El Pintado Road
Danville, California 94526
5 Telephone: (925) 837-2317
Facsimile: (925) 837-4831
6
Attorneys for Plaintiff
7 PACIFIC UNION INTERNATIONAL, INC.
8
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
IN AND FOR THE COUNTY OF PLACER
10
11 PACIFIC UNION INTERNATIONAL, INC., ) Case No. SCV0042080
)
12 Plaintiff, ) PACIFIC UNION INTERNATIONAL,
) INC.’S NOTICE OF MOTION AND
13 v. ) MOTION FOR SUMMARY JUDGMENT
) OR, ALTERNATIVELY, SUMMARY
14 ERIK LUDWICK, an individual and ) ADJUDICATION OF ISSUES
beneficiary of The Anything Trust Dated )
15 October 12, 2007; THE ANYTHING TRUST )
DATED OCTOBER 12, 2007; PAUL D. )
16 BOOTH, in his capacity as trustee of The ) Date: August 20, 2020
Anything Trust Dated October 12, 2007; and ) Time: 9:30 a.m.
17 DOES 1-50, ) Dept: 42
)
18 Defendants. ) Complaint Filed: November 7, 2018
) Trial Date: September 21, 2020
19 )
)
20
21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
22 PLEASE TAKE NOTICE THAT on August 20, 2020, at 9:30 a.m.., or as soon
23 thereafter as the matter may be heard, in Department 42 of the Placer County Superior Court,
24 located at 10820 Justice Center Drive, Roseville, California, Plaintiff PACIFIC UNION
25 INTERNATIONAL, INC. (“Pacific Union”) will, and hereby does, move for an order granting
26 summary judgment in favor of Pacific Union and against Defendants ERIK LUDWICK, an
27 individual and beneficiary of The Anything Trust Dated October 12, 2007; THE ANYTHING
28 TRUST DATED OCTOBER 12, 2007 and PAUL D. BOOTH, in his capacity as trustee of The
_____________________________________________________________________________________________________________________
PACIFIC UNION INTERNATIONAL, INC.’S NOTICE OF MOTION AND MOTION FOR SUMMARY
JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION OF ISSUES
1 Anything Trust Dated October 12, 2007 (collectively, “Defendants”) on the basis that there is no
2 issue of material fact as to any of Pacific Union’s allegations, and Defendants have no legal
3 defense to the eight causes of action asserted by Pacific Union in the Complaint. Accordingly,
4 summary judgment must be granted for Pacific Union.
5 Alternatively, Pacific Union will and hereby does move for summary adjudication
6 of each of the following issues:
7 1. Pacific Union is entitled to judgment as a matter of law on the First Cause
8 of Action in the Complaint for Breach of Contract because the undisputed material facts establish
9 that Defendants breached the residential listing agreement and harmed Pacific Union;
10 2. Pacific Union is entitled to judgment as a matter of law on the Second
11 Cause of Action in the complaint for Breach of the Implied Covenant of Good Faith and Fair
12 Dealing because the undisputed material facts establish that Defendants breached the residential
13 listing agreement and interfered with Pacific Union’s rights and benefits under that agreement;
14 3. Pacific Union is entitled to judgment as a matter of law on the Third Cause
15 of Action in the Complaint for Common Counts because the undisputed facts establish that
16 Defendants are in control of money that belongs to Pacific Union;
17 4. Pacific Union is entitled to judgment as a matter of law on the Fourth
18 Cause of Action in the Complaint for Intentional Interference With Contractual Relations
19 because the undisputed facts establish that Ludwick interfered with payment of the commission
20 to Pacific Union by the Trust;
21 5. Pacific Union is entitled to judgment as a matter of law on the Fourth
22 Cause of Action in the Complaint for Intentional Interference With Prospective Economic
23 Advantage because the undisputed facts establish that Ludwick intentionally acted to disrupt the
24 relationship between Pacific Union and Trust resulting in harm to Pacific Union;
25 6. Pacific Union is entitled to judgment as a matter of law on the Sixth Cause
26 of Action in the Complaint for Intentional Misrepresentation because the undisputed facts
27 establish that Trustee signed a contract he did not intend to honor;
28
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_____________________________________________________________________________________________________________________
PACIFIC UNION INTERNATIONAL, INC.’S NOTICE OF MOTION AND MOTION FOR SUMMARY
JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION OF ISSUES
1 7. Pacific Union is entitled to judgment as a matter of law on the Seventh
2 Cause of Action III the Complaint for Specific Performance because the undisputed facts
3 establish that an obligation exists which Defendants have not fulfilled; and
4 8. Pacific Union is entitled to judgment as a matter of law on the Eighth
5 Cause of Action in the Complaint for Declaratory Relief because the undisputed facts establish
6 that Pacific Union is entitled to a declaration that the commission is payable to Pacific Union.
7 The Motion for Summary Judgment or, Alternatively, Summary Adjudication of
8 Issues will be based on this Notice of Motion and Motion, the accompanying Memorandum of
9 Points and Authorities, Separate Statement of Undisputed Material Facts, Declaration of
10 Madison Hildebrand, Declaration of Shannon B. Jones, Declaration of Nicholas Segal, Request
11 for Judicial Notice, Index of Exhibits and all pleadings and papers on file in this action, any other
12 matters of which the Court mayor must take judicial notice, any evidence or argument presented
13 at or before the hearing on the motion, and any other matters the Court deems proper.
14 Pursuant to Local Rule 20.2.3, the court will issue a tentative ruling for this matter
15 on the court day before the hearing. The tentative ruling will be available after 12:00 noon as an
16 audio recording accessible at (916) 408-6480; the tentative ruling will also be available at the
17 court's website, www.placer.courts.ca.gov. The tentative ruling shall become the final ruling on
18 the matter and no hearing will be held unless oral argument is timely requested or the tentative
19 ruling indicates otherwise. Requests for oral argument must be made by calling (916) 408-6481
20 no later than 4:00 p.m. on the court day prior to the hearing.
21 Dated: June~, -- 2020
SHANNON B. JONES LAW GROUP, INC.
22
23
24
~ SHANNON B. JONES
Attorneys for Plaintiff,
25 PACIFIC UNION INTERNATIONAL, INC.
26
27
28
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PACIFIC UNION INTERNATIONAL, INC.'S NOTICE OF MOTION AND MOTION FOR SUMMARY
JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION OF ISSUES
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1 SHANNON B. JONES LAW GROUP, INC. 06/05/2020 SHANNON B. JONES (Bar No. 149222) 2 sbj@sbj-law.com 3 LINDSEY A. MORGAN (Bar No. 274214) lam@sbj-law.com 4 208 W. El Pintado Road Danville, California 94526 5 Telephone: (925) 837-2317 Facsimile: (925) 837-4831 6 Attorneys for Plaintiff 7 PACIFIC UNION INTERNATIONAL, INC. 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF PLACER 10 11 PACIFIC UNION INTERNATIONAL, INC., ) Case No. SCV0042080 ) 12 Plaintiff, ) PACIFIC UNION INTERNATIONAL, ) INC.’S NOTICE OF MOTION AND 13 v. ) MOTION FOR SUMMARY JUDGMENT ) OR, ALTERNATIVELY, SUMMARY 14 ERIK LUDWICK, an individual and ) ADJUDICATION OF ISSUES beneficiary of The Anything Trust Dated ) 15 October 12, 2007; THE ANYTHING TRUST ) DATED OCTOBER 12, 2007; PAUL D. ) 16 BOOTH, in his capacity as trustee of The ) Date: August 20, 2020 Anything Trust Dated October 12, 2007; and ) Time: 9:30 a.m. 17 DOES 1-50, ) Dept: 42 ) 18 Defendants. ) Complaint Filed: November 7, 2018 ) Trial Date: September 21, 2020 19 ) ) 20 21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 22 PLEASE TAKE NOTICE THAT on August 20, 2020, at 9:30 a.m.., or as soon 23 thereafter as the matter may be heard, in Department 42 of the Placer County Superior Court, 24 located at 10820 Justice Center Drive, Roseville, California, Plaintiff PACIFIC UNION 25 INTERNATIONAL, INC. (“Pacific Union”) will, and hereby does, move for an order granting 26 summary judgment in favor of Pacific Union and against Defendants ERIK LUDWICK, an 27 individual and beneficiary of The Anything Trust Dated October 12, 2007; THE ANYTHING 28 TRUST DATED OCTOBER 12, 2007 and PAUL D. BOOTH, in his capacity as trustee of The _____________________________________________________________________________________________________________________ PACIFIC UNION INTERNATIONAL, INC.’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION OF ISSUES 1 Anything Trust Dated October 12, 2007 (collectively, “Defendants”) on the basis that there is no 2 issue of material fact as to any of Pacific Union’s allegations, and Defendants have no legal 3 defense to the eight causes of action asserted by Pacific Union in the Complaint. Accordingly, 4 summary judgment must be granted for Pacific Union. 5 Alternatively, Pacific Union will and hereby does move for summary adjudication 6 of each of the following issues: 7 1. Pacific Union is entitled to judgment as a matter of law on the First Cause 8 of Action in the Complaint for Breach of Contract because the undisputed material facts establish 9 that Defendants breached the residential listing agreement and harmed Pacific Union; 10 2. Pacific Union is entitled to judgment as a matter of law on the Second 11 Cause of Action in the complaint for Breach of the Implied Covenant of Good Faith and Fair 12 Dealing because the undisputed material facts establish that Defendants breached the residential 13 listing agreement and interfered with Pacific Union’s rights and benefits under that agreement; 14 3. Pacific Union is entitled to judgment as a matter of law on the Third Cause 15 of Action in the Complaint for Common Counts because the undisputed facts establish that 16 Defendants are in control of money that belongs to Pacific Union; 17 4. Pacific Union is entitled to judgment as a matter of law on the Fourth 18 Cause of Action in the Complaint for Intentional Interference With Contractual Relations 19 because the undisputed facts establish that Ludwick interfered with payment of the commission 20 to Pacific Union by the Trust; 21 5. Pacific Union is entitled to judgment as a matter of law on the Fourth 22 Cause of Action in the Complaint for Intentional Interference With Prospective Economic 23 Advantage because the undisputed facts establish that Ludwick intentionally acted to disrupt the 24 relationship between Pacific Union and Trust resulting in harm to Pacific Union; 25 6. Pacific Union is entitled to judgment as a matter of law on the Sixth Cause 26 of Action in the Complaint for Intentional Misrepresentation because the undisputed facts 27 establish that Trustee signed a contract he did not intend to honor; 28 2 _____________________________________________________________________________________________________________________ PACIFIC UNION INTERNATIONAL, INC.’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION OF ISSUES 1 7. Pacific Union is entitled to judgment as a matter of law on the Seventh 2 Cause of Action III the Complaint for Specific Performance because the undisputed facts 3 establish that an obligation exists which Defendants have not fulfilled; and 4 8. Pacific Union is entitled to judgment as a matter of law on the Eighth 5 Cause of Action in the Complaint for Declaratory Relief because the undisputed facts establish 6 that Pacific Union is entitled to a declaration that the commission is payable to Pacific Union. 7 The Motion for Summary Judgment or, Alternatively, Summary Adjudication of 8 Issues will be based on this Notice of Motion and Motion, the accompanying Memorandum of 9 Points and Authorities, Separate Statement of Undisputed Material Facts, Declaration of 10 Madison Hildebrand, Declaration of Shannon B. Jones, Declaration of Nicholas Segal, Request 11 for Judicial Notice, Index of Exhibits and all pleadings and papers on file in this action, any other 12 matters of which the Court mayor must take judicial notice, any evidence or argument presented 13 at or before the hearing on the motion, and any other matters the Court deems proper. 14 Pursuant to Local Rule 20.2.3, the court will issue a tentative ruling for this matter 15 on the court day before the hearing. The tentative ruling will be available after 12:00 noon as an 16 audio recording accessible at (916) 408-6480; the tentative ruling will also be available at the 17 court's website, www.placer.courts.ca.gov. The tentative ruling shall become the final ruling on 18 the matter and no hearing will be held unless oral argument is timely requested or the tentative 19 ruling indicates otherwise. Requests for oral argument must be made by calling (916) 408-6481 20 no later than 4:00 p.m. on the court day prior to the hearing. 21 Dated: June~, -- 2020 SHANNON B. JONES LAW GROUP, INC. 22 23 24 ~ SHANNON B. JONES Attorneys for Plaintiff, 25 PACIFIC UNION INTERNATIONAL, INC. 26 27 28 3 PACIFIC UNION INTERNATIONAL, INC.'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION OF ISSUES