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1 SHANNON B. JONES LAW GROUP, INC. 07/30/2020
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
9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 IN AND FOR THE COUNTY OF PLACER
11 PACIFIC UNION INTERNATIONAL, INC., ) Case No. SCV0042080
)
12 Plaintiff, ) PACIFIC UNION INTERNATIONAL,
)
13 v. ) INC.’S EVIDENCE IN OPPOSITION TO
) DEFENDANTS’ MOTION FOR
14 ERIK LUDWICK, an individual and ) SUMMARY JUDGMENT
beneficiary of The Anything Trust Dated )
15 October 12, 2007; THE ANYTHING TRUST )
DATED OCTOBER 12, 2007; PAUL D. ) Date: August 13, 2020
16 BOOTH, in his capacity as trustee of The ) Time: 8:30 a.m.
Anything Trust Dated October 12, 2007; and )
17 DOES 1-50, ) Dept: 42
)
18 Defendants. )
) Complaint Filed: November 7, 2018
19 ) Trial Date: September 21, 2020
)
20
21 Pursuant to California Rule of Court 3.1350(e)(3) and (g), plaintiff Pacific Union
22 International, Inc. submits the following documentary evidence in support of its Opposition to
23 Defendants’ Motion for Summary Judgment.
24 I. Declaration of Madison Hildebrand in Support of Pacific Union
International, Inc.’s Motion for Summary Judgment and Exhibits 1-6,
25 as follows:
26
Exhibit 1 Residential Listing Agreement (the “Contract”) dated August 29, 2016
27 between Paul Booth (“Trustee”), Trustee of the Anything Trust Dated
October 12, 2007 (the “Trust”), and Madison Hildebrand and Partners
28 Trust, for the sale of real property located at 200 Toyopa Drive, Pacific
_____________________________________________________________________________________________________________________
EVIDENCE ISO OPPOSITION TO DEFENDANTS’ MSJ
1 Palisades, California (the “Property”), and modifications to the Contract
dated February 23, 2017, June 9, 2017, and July 7, 2017.
2
3 Exhibit 2 An email from Madison Hildebrand to Erik Ludwick dated August 27,
2017.
4
5 Exhibit 3 Exclusion List of Potential Clients including Behdad Eghbali provided by
Madison Hildebrand to Trustee on August 31, 2017, and the Docusign
6 receipt showing Trustee viewed the document.
7
Exhibit 4 Residential Purchase Agreement between Behdad Eghbali and Trustee for
8 the purchase of the Property for $16,300,000 dated September 16, 2017.
9
Exhibit 5 An email from Erik Ludwick to Madison Hildebrand dated September 17,
10 2017, demanding that Pacific Union accept a commission of two and one
half percent (2.5%) of the sales price of the Property.
11
12 Exhibit 6 An email from Madison Hildebrand to Erik Ludwick dated September 18,
2017, indicating an inability to accept anything less than four and one half
13 percent (4.5%) of the sales price as a commission.
14
II. Declaration of Nicholas Segal in Support of Pacific Union International,
15 Inc.’s Motion for Summary Judgment
16
III. Declaration of Shannon B. Jones in Opposition to Defendants’ Motion
17 for Summary Judgment and Exhibits 7-10, as follows:
18
Exhibit 7 Relevant pages from the Deposition of Paul Booth, taken on June 19,
19 2019.
20
Exhibit 8 Relevant pages from Plaintiff Pacific Union International, Inc.’s responses
21 to Defendants Erik Ludwick and Paul D. Booth in His Capacity As
Trustee of the Anything Trust Dated October 12, 2007’s Form
22 Interrogatories, Set One, which was served in this action or about April
26, 2019.
23
24 Exhibit 9 Relevant pages from documents produced by Terra Costal Escrow on
April 19, 2019 pursuant to subpoena, stamped TCE00016 and TCE01004-
25 1005.
26 Relevant pages from Defendant Erik Ludwick’s Responses to Plaintiff’s
Exhibit 10
27 Request for Production of Documents, Set One, and relevant documents
produced therewith stamped 815 and 816.
28
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2
EVIDENCE ISO OPPOSITION TO DEFENDANTS’ MSJ
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1 SHANNON B. JONES LAW GROUP, INC. 07/30/2020 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 9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF PLACER 11 PACIFIC UNION INTERNATIONAL, INC., ) Case No. SCV0042080 ) 12 Plaintiff, ) PACIFIC UNION INTERNATIONAL, ) 13 v. ) INC.’S EVIDENCE IN OPPOSITION TO ) DEFENDANTS’ MOTION FOR 14 ERIK LUDWICK, an individual and ) SUMMARY JUDGMENT beneficiary of The Anything Trust Dated ) 15 October 12, 2007; THE ANYTHING TRUST ) DATED OCTOBER 12, 2007; PAUL D. ) Date: August 13, 2020 16 BOOTH, in his capacity as trustee of The ) Time: 8:30 a.m. Anything Trust Dated October 12, 2007; and ) 17 DOES 1-50, ) Dept: 42 ) 18 Defendants. ) ) Complaint Filed: November 7, 2018 19 ) Trial Date: September 21, 2020 ) 20 21 Pursuant to California Rule of Court 3.1350(e)(3) and (g), plaintiff Pacific Union 22 International, Inc. submits the following documentary evidence in support of its Opposition to 23 Defendants’ Motion for Summary Judgment. 24 I. Declaration of Madison Hildebrand in Support of Pacific Union International, Inc.’s Motion for Summary Judgment and Exhibits 1-6, 25 as follows: 26 Exhibit 1 Residential Listing Agreement (the “Contract”) dated August 29, 2016 27 between Paul Booth (“Trustee”), Trustee of the Anything Trust Dated October 12, 2007 (the “Trust”), and Madison Hildebrand and Partners 28 Trust, for the sale of real property located at 200 Toyopa Drive, Pacific _____________________________________________________________________________________________________________________ EVIDENCE ISO OPPOSITION TO DEFENDANTS’ MSJ 1 Palisades, California (the “Property”), and modifications to the Contract dated February 23, 2017, June 9, 2017, and July 7, 2017. 2 3 Exhibit 2 An email from Madison Hildebrand to Erik Ludwick dated August 27, 2017. 4 5 Exhibit 3 Exclusion List of Potential Clients including Behdad Eghbali provided by Madison Hildebrand to Trustee on August 31, 2017, and the Docusign 6 receipt showing Trustee viewed the document. 7 Exhibit 4 Residential Purchase Agreement between Behdad Eghbali and Trustee for 8 the purchase of the Property for $16,300,000 dated September 16, 2017. 9 Exhibit 5 An email from Erik Ludwick to Madison Hildebrand dated September 17, 10 2017, demanding that Pacific Union accept a commission of two and one half percent (2.5%) of the sales price of the Property. 11 12 Exhibit 6 An email from Madison Hildebrand to Erik Ludwick dated September 18, 2017, indicating an inability to accept anything less than four and one half 13 percent (4.5%) of the sales price as a commission. 14 II. Declaration of Nicholas Segal in Support of Pacific Union International, 15 Inc.’s Motion for Summary Judgment 16 III. Declaration of Shannon B. Jones in Opposition to Defendants’ Motion 17 for Summary Judgment and Exhibits 7-10, as follows: 18 Exhibit 7 Relevant pages from the Deposition of Paul Booth, taken on June 19, 19 2019. 20 Exhibit 8 Relevant pages from Plaintiff Pacific Union International, Inc.’s responses 21 to Defendants Erik Ludwick and Paul D. Booth in His Capacity As Trustee of the Anything Trust Dated October 12, 2007’s Form 22 Interrogatories, Set One, which was served in this action or about April 26, 2019. 23 24 Exhibit 9 Relevant pages from documents produced by Terra Costal Escrow on April 19, 2019 pursuant to subpoena, stamped TCE00016 and TCE01004- 25 1005. 26 Relevant pages from Defendant Erik Ludwick’s Responses to Plaintiff’s Exhibit 10 27 Request for Production of Documents, Set One, and relevant documents produced therewith stamped 815 and 816. 28 /// 2 EVIDENCE ISO OPPOSITION TO DEFENDANTS’ MSJ