Preview
ELECTRONICALLY FILED
superior Court of California,
County of Placer
SHANNON B. JONES LAW GROUP, INC. 08/14/2020
SHANNON B. JONES (Bar No. 149222) By: LaurelSanders, Deputy Clerk
sbj@sbj-law.com
LINDSEY A. MORGAN (Bar No. 274214)
lam(@sbj-law.com
208 W. El Pintado Road
Danville, California 94526
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
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11 PACIFIC UNION INTERNATIONAL, INC., ) Case No. SCV0042080
12 _. )
Plaintiff, ) DECLARATION OF LINDSEY A.
) MORGAN IN SUPPORT OF PACIFIC
13 % UNION INTERNATIONAL, INC.’S
MOTION FOR SUMMARY JUDGMENT
14 ERIK LUDWICK, an individual and ) OR, ALTERNATIVELY, SUMMARY
beneficiary of The Anything Trust Dated ) ADJUDICATION OF ISSUE
15 October 12, 2007; THE ANYTHING TRUST _ ) OLISSLTS
DATED OCTOBER 12, 2007; PAUL D. )
16 BOOTH, in his capacity as trustee of The )
Anything Trust Dated October 12, 2007; and +) Date: August 20, 2020
17 DOES 1-50, ) Time: 9:30 a.m.
) Dept: 42
18 Defendants. )
) Complaint Filed: November 7, 2018
19 Trial Date: September 21, 2020
20
21 I,Lindsey A. Morgan, declare:
22 1. I am an attorney licensed to practice in the State of California, and Iam
23 affiliated with the Shannon B. Jones Law Group, Inc., counsel of record for Plaintiff PACIFIC
24 UNION INTERNATIONAL, INC. (“Pacific Union”). By virtue of that representation, I have
25 personal knowledge of the facts set forth in this declaration and if called upon to testify, Icould
26 and would competently testify thereto, except as to those matters stated upon information and
27 belief and as to those matters, Iam informed and believe them to be true.
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DECLARATION OF LINDSEY A. MORGAN ISO PACIFIC UNION’S MOTION FOR SUMMARY
JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION OF ISSUES
2. On May 22, 2019, I sent a letter to counsel for Defendants indicating that
documents related to Pacific Union’s acquisition of Partners Trust contained confidential trade
secret information and would be produced only after entry of a stipulated protective order. A true
and correct copy of this communication is attached hereto as Exhibit 1.
3. On June 25, 2019, I sent counsel for Defendants a proposed stipulated
protective order. A true and correct copy of this communication is attached hereto as Exhibit 2.
4. Counsel for Defendants did not respond to the proposed stipulated protective
order, nor did counsel for Defendants ask again for the confidential documents related to the
acquisition.
10 I declare under penalty of perjury under the laws of the State of California that the
11 foregoing istrue and correct.
12
13 Executed on August he 2020, at Danville, Califomnia.
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Ut
ARSE MORGAN
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DECLARATION OF LINDSEY A. MORGAN ISO PACIFIC UNION’S MOTION FOR SUMMARY
JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION OF ISSUES
EXHIBIT 1
SHANNON B. JONES LAW GROUP, INC.
Writer'sDirect No.: (925) 837-5577 x 317
Writer’sDirect Email: lamvia)sbj-law.com
May 22, 2019
Via Email and U.S. Mail
mnungano(@lacounsel.com
Michael A.J. Nangano, Esq.
A Law Corporation
133 North Altadena Drive, Suite 403
Pasadena, CA 91107
Re: Pacific Union International. Inc. v. Ludwick. et al.
Case No: SCV0042080
Dear Mr. Nangano:
I write to respond to your letters of May 8, May 16, May 20, and May 22, 2019,
regarding various issues you raise in response to the discovery responses and document
production of Pacific Union International, Inc. (“Pacific Union”).
As stated in Pacific Union’s the responses to requests for production numbers 15,
20, and 21, documents related to Pacific Union’s acquisition of Partners Trust were withheld to
protect confidential trade secret information, and will be produced only after entry of a stipulated
protective order, No other responsive documents were withheld.
Pacific Union’s 983-page document production was produced as the documents
are kept in the ordinary course of business.
Thank you for providing alternative dates for Mr. Booth’s deposition. We will re-
notice his deposition for June 19, 2019, assuming that date is stillavailable. We are also
available on June 20, 2019, if June 19 no longer works. The amended deposition notice will
modify Requests for Production number 7, 8, and 13 to the relevant time frame, as you have
requested.
Danville | 208W. El PintadoRoad, Danville,CA 94526 -Tel: (925) 837-2317 -Fax: (925) 837-4831
Sacramento | 8880Cal CenterDrive, Suite400, Sacramento, CA 95826 -Tel: (916) 368-1000
San Jose |111 North Market Street,Suite300, San Jose,CA 95113 -Tel: (408) 363-3635
(Pleaserespond toDanville Office)| www.calrealestatelaw.com
Michael A.J. Nangano, Esq.
May 23, 2019
Page 2
With respect to Pacific Union’s responses to the eighty-three (83) Special
Interrogatories propounded by your office, Pacific Union agrees to supplement itsresponse to
Special Interrogatories Nos, 29 and 31.
Your demands for additional information responsive to Special Interrogatory No.
33 are without any basis or legal justification. Pacific Union takes the privacy of its clients
seriously, and will not provide irrelevant, sensitive personal information about non-party clients
and unrelated transactions, particularly when those transactions have no relevance to your
clients’ refusal to pay an earned commission to Pacific Union.
As for your issues with Pacific Union’s responses to Special Interrogatories
number 8, 26, 28, 32, 60, and 61, those interrogatories range from being poorly worded to
incoherent. Pacific Union timely deciphered and responded to hundreds of your largely
unintelligible discovery requests in good faith and to the best of its ability. Pacific Union stands
on itsresponses to Special Interrogatories number 8, 26, 28, 32, 33, 60, and 61.
Very truly yaurs,
LINDSEY A. MORGAN
(
ce (via email): Lawrence E. Skidmore, Esq. L\ )
Patti Poole
EXHIBIT 2
Lindsey Morgan
From: Lindsey Morgan
Sent: Tuesday, June 25, 2019 12:14 PM
To: mnangano@lacounsel.com
Ce: Lawrence Skidmore; PattiPoole; Shannon B.Jones
Subject: PacificUnion International,Inc.v. Ludwick, etal.- stipulated protective order
Attachments: Stipulated Protective Order.pdf
Mike —
A proposed stipulated protective order isattached for your review. Please letme know if
you have any comments,
proposed edits, or concerns.
Thank you,
Lindsey A. Morgan
Shannon B. Jones Law Group, Inc.
208 W. ElPintado Road
Danville, CA 94526
Direct: (925) 837-5577 ext.317
Main: (925) 837-2317
Fax: (925) 837-4831
lam@sbj-law.com
www.calrealestatelaw.com
SEK RR RE RR RR EEOe ee OR OR KE
The foregoing name, telephone, telecopy and email information isprovided to the recipientforinformational purposes onlyand is
not intended to be the signature ofthe sender for purposes of binding the sender orShannon B.Jones Law Group, or any client
of
the sender or the firm,to any contractor agreement under the Uniform ElectronicTransactions Act or any similarlaw.
PRIVILEGE & CONFIDENTIALITY NOTICE
This email and allattachments areCONFIDENTIAL and intended SOLELY forthe recipientsas identifiedinthe “to,”“cc” and “bec”
linesof thisemail. If youare not an intended recipient,your receiptof thisemail and itsattachments isthe resultofan inadvertent
disclosureor unauthorized transmittal.If youhave receivedthis electronicmail inerror,please notifythe sender immediately by
replyingto thiselectronic mailor by calling(925)837-2317. Sender reserves and assertsallrightsto confidentiality,
includingall
privilegesthat may apply. Pursuant to those rightsand privileges,immediately DELETE and DESTROY allcopies ofthe email and its
attachments, inwhatever form, and immediately NOTIFY the sender ofyour receipt ofthisemail. DO NOT review, copy,forward, or
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ELECTRONICALLY FILED superior Court of California, County of Placer SHANNON B. JONES LAW GROUP, INC. 08/14/2020 SHANNON B. JONES (Bar No. 149222) By: LaurelSanders, Deputy Clerk sbj@sbj-law.com LINDSEY A. MORGAN (Bar No. 274214) lam(@sbj-law.com 208 W. El Pintado Road Danville, California 94526 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 10 11 PACIFIC UNION INTERNATIONAL, INC., ) Case No. SCV0042080 12 _. ) Plaintiff, ) DECLARATION OF LINDSEY A. ) MORGAN IN SUPPORT OF PACIFIC 13 % UNION INTERNATIONAL, INC.’S MOTION FOR SUMMARY JUDGMENT 14 ERIK LUDWICK, an individual and ) OR, ALTERNATIVELY, SUMMARY beneficiary of The Anything Trust Dated ) ADJUDICATION OF ISSUE 15 October 12, 2007; THE ANYTHING TRUST _ ) OLISSLTS DATED OCTOBER 12, 2007; PAUL D. ) 16 BOOTH, in his capacity as trustee of The ) Anything Trust Dated October 12, 2007; and +) Date: August 20, 2020 17 DOES 1-50, ) Time: 9:30 a.m. ) Dept: 42 18 Defendants. ) ) Complaint Filed: November 7, 2018 19 Trial Date: September 21, 2020 20 21 I,Lindsey A. Morgan, declare: 22 1. I am an attorney licensed to practice in the State of California, and Iam 23 affiliated with the Shannon B. Jones Law Group, Inc., counsel of record for Plaintiff PACIFIC 24 UNION INTERNATIONAL, INC. (“Pacific Union”). By virtue of that representation, I have 25 personal knowledge of the facts set forth in this declaration and if called upon to testify, Icould 26 and would competently testify thereto, except as to those matters stated upon information and 27 belief and as to those matters, Iam informed and believe them to be true. 28 DECLARATION OF LINDSEY A. MORGAN ISO PACIFIC UNION’S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION OF ISSUES 2. On May 22, 2019, I sent a letter to counsel for Defendants indicating that documents related to Pacific Union’s acquisition of Partners Trust contained confidential trade secret information and would be produced only after entry of a stipulated protective order. A true and correct copy of this communication is attached hereto as Exhibit 1. 3. On June 25, 2019, I sent counsel for Defendants a proposed stipulated protective order. A true and correct copy of this communication is attached hereto as Exhibit 2. 4. Counsel for Defendants did not respond to the proposed stipulated protective order, nor did counsel for Defendants ask again for the confidential documents related to the acquisition. 10 I declare under penalty of perjury under the laws of the State of California that the 11 foregoing istrue and correct. 12 13 Executed on August he 2020, at Danville, Califomnia. 14 15 nt Ut ARSE MORGAN 16 17 18 19 20 21 22 23 24 25 26 27 28 2 DECLARATION OF LINDSEY A. MORGAN ISO PACIFIC UNION’S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION OF ISSUES EXHIBIT 1 SHANNON B. JONES LAW GROUP, INC. Writer'sDirect No.: (925) 837-5577 x 317 Writer’sDirect Email: lamvia)sbj-law.com May 22, 2019 Via Email and U.S. Mail mnungano(@lacounsel.com Michael A.J. Nangano, Esq. A Law Corporation 133 North Altadena Drive, Suite 403 Pasadena, CA 91107 Re: Pacific Union International. Inc. v. Ludwick. et al. Case No: SCV0042080 Dear Mr. Nangano: I write to respond to your letters of May 8, May 16, May 20, and May 22, 2019, regarding various issues you raise in response to the discovery responses and document production of Pacific Union International, Inc. (“Pacific Union”). As stated in Pacific Union’s the responses to requests for production numbers 15, 20, and 21, documents related to Pacific Union’s acquisition of Partners Trust were withheld to protect confidential trade secret information, and will be produced only after entry of a stipulated protective order, No other responsive documents were withheld. Pacific Union’s 983-page document production was produced as the documents are kept in the ordinary course of business. Thank you for providing alternative dates for Mr. Booth’s deposition. We will re- notice his deposition for June 19, 2019, assuming that date is stillavailable. We are also available on June 20, 2019, if June 19 no longer works. The amended deposition notice will modify Requests for Production number 7, 8, and 13 to the relevant time frame, as you have requested. Danville | 208W. El PintadoRoad, Danville,CA 94526 -Tel: (925) 837-2317 -Fax: (925) 837-4831 Sacramento | 8880Cal CenterDrive, Suite400, Sacramento, CA 95826 -Tel: (916) 368-1000 San Jose |111 North Market Street,Suite300, San Jose,CA 95113 -Tel: (408) 363-3635 (Pleaserespond toDanville Office)| www.calrealestatelaw.com Michael A.J. Nangano, Esq. May 23, 2019 Page 2 With respect to Pacific Union’s responses to the eighty-three (83) Special Interrogatories propounded by your office, Pacific Union agrees to supplement itsresponse to Special Interrogatories Nos, 29 and 31. Your demands for additional information responsive to Special Interrogatory No. 33 are without any basis or legal justification. Pacific Union takes the privacy of its clients seriously, and will not provide irrelevant, sensitive personal information about non-party clients and unrelated transactions, particularly when those transactions have no relevance to your clients’ refusal to pay an earned commission to Pacific Union. As for your issues with Pacific Union’s responses to Special Interrogatories number 8, 26, 28, 32, 60, and 61, those interrogatories range from being poorly worded to incoherent. Pacific Union timely deciphered and responded to hundreds of your largely unintelligible discovery requests in good faith and to the best of its ability. Pacific Union stands on itsresponses to Special Interrogatories number 8, 26, 28, 32, 33, 60, and 61. Very truly yaurs, LINDSEY A. MORGAN ( ce (via email): Lawrence E. Skidmore, Esq. L\ ) Patti Poole EXHIBIT 2 Lindsey Morgan From: Lindsey Morgan Sent: Tuesday, June 25, 2019 12:14 PM To: mnangano@lacounsel.com Ce: Lawrence Skidmore; PattiPoole; Shannon B.Jones Subject: PacificUnion International,Inc.v. Ludwick, etal.- stipulated protective order Attachments: Stipulated Protective Order.pdf Mike — A proposed stipulated protective order isattached for your review. Please letme know if you have any comments, proposed edits, or concerns. Thank you, Lindsey A. Morgan Shannon B. Jones Law Group, Inc. 208 W. ElPintado Road Danville, CA 94526 Direct: (925) 837-5577 ext.317 Main: (925) 837-2317 Fax: (925) 837-4831 lam@sbj-law.com www.calrealestatelaw.com SEK RR RE RR RR EEOe ee OR OR KE The foregoing name, telephone, telecopy and email information isprovided to the recipientforinformational purposes onlyand is not intended to be the signature ofthe sender for purposes of binding the sender orShannon B.Jones Law Group, or any client of the sender or the firm,to any contractor agreement under the Uniform ElectronicTransactions Act or any similarlaw. PRIVILEGE & CONFIDENTIALITY NOTICE This email and allattachments areCONFIDENTIAL and intended SOLELY forthe recipientsas identifiedinthe “to,”“cc” and “bec” linesof thisemail. If youare not an intended recipient,your receiptof thisemail and itsattachments isthe resultofan inadvertent disclosureor unauthorized transmittal.If youhave receivedthis electronicmail inerror,please notifythe sender immediately by replyingto thiselectronic mailor by calling(925)837-2317. Sender reserves and assertsallrightsto confidentiality, includingall privilegesthat may apply. Pursuant to those rightsand privileges,immediately DELETE and DESTROY allcopies ofthe email and its attachments, inwhatever form, and immediately NOTIFY the sender ofyour receipt ofthisemail. DO NOT review, copy,forward, or relyon the email and itsattachments inany way. NOTICE: NO DUTIES ARE ASSUMED, INTENDED, OR CREATED BYTHIS COMMUNICATION. If youhave not executed afee contract or an engagement letter,thisfirm does NOT represent you as your attorney. SEEK SAKEEK KKELA HELHHKAA HHS EEKAEH TEKH SKESSSAK SEEKEE