Clerk Notice: ['BERTAGNA, BERTON N ET AL V. DEAL REAL INTERNATIONAL, INC.', 'VOLLRATH, MICHAEL DAVID V. MID VALLEY TITLE AND ESCROW']

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                                F    Superior Court of California          F
                                                                           County of Butte
     Stephen H. Johanson, State Bar No. 61624                 |                                         |
     JOHANSON & ASSOCIATES                                   L                                         L
     2020 W. El Camino Avenue, Suite 115                               12/9/2020
     Sacramento, California 95833
                                                             E                                         E
     Telephone (916) 567-1000                                D        im                       rk      D
     Facsimile (916) 649-1373                               By                                      Deputy
                                                                       a       nically FILED

     Attorneys for Defendant,
     NORMAN P. MARSHALL


                  SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE

                                  UNLIMITED CIVIL JURISDICTION

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     BERTON N. BERTAGNA; WADE R. PORTER;                  Case No. 20CV00531
11   JEREMY M. FUNK; SEBASTIEN TAMARELLE;
     B. SCOTT HOOD; ROBER HEYM AND                        DECLARATION OF STEPHEN H.
12   ROSANNE HEYM;                                        JOHANSON IN SUPPORT OF
                                                          MOTION FOR JUDGMENT
13                                                        ON THE PLEADINGS
                   Plaintiffs,
14                                                        DATE: January 13, 2021
            vs
15                                                        TIME: 9:00 a.m.
                                                          DEPT: 1
     DEAL REAL INTERNATIONAL, INC., a
16                                                        JUDGE: TAMARA L. MARSBARGER
     California corporation dba DEL REAL
17   COMPANY; M. MAX DEL REAL, aka                        Complaint Filed: 2/20/2020
     MATTHEW B. DEL REAL, aka MATTHEW DEL
18                                                        Trial Date: 4/12/2021
     REAL, aka MATTHEW M. DEL REAL, aka,
     MAX DEL REAL; AMMERICANN
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     DEVELOPMENT, LLC, a California limited
20   liability company; AMMERICANN HOLDINGS I,
     LLC, a California limited liability company;
21   BRIAN PRITCHARD; NORMAN P.
22   MARSHALL; DOES 1 through 50, inclusive,

23                  Defendants.

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            I, Stephen H. Johanson, declare:
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             1    I am   an attorney licensed to practice in the State of California and am the
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     attorney for Defendant NORMAN P. MARSHALL in this matter.
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                                                    1

                         DECLARATION OF STEPHEN H. JOHANSON IN SUPPORT OF
                              MOTION FOR JUDGMENT ON THE PLEADINGS
2.     I have personal knowledge of the matters stated herein and would so testify if
     called as a witness at hearing.
             3      On November    17, 2020, I spoke with Plaintiffs’ attorney, David Griffith, to meet

     and confer to discuss the filing of this motion and to attempt to resolve the issues presented by
     this Motion.    We were unable to resolve those issues.         Attached hereto as Exhibit A is a
     follow-up email with Mr. Griffith dated November 17, 2020.
             4.     Good cause exists for the filing of this motion and is not meant to delay any

     proceedings in this matter.
             I declare under penalty of perjury under the laws of the State of California that the

10   forgoing is true and correct. Executed at Sacramento, California on December        q » 2020.

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                                                    Stepheff   H.   Johan:
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                                                         2

                           DECLARATION OF STEPHEN H. JOHANSON IN SUPPORT OF
                                MOTION FOR JUDGMENT ON THE PLEADINGS
EXHIBIT A
Stephen H. Johanson

 From:                                   Stephen H. Johanson
 Sent:                                   Tuesday, November 17, 2020 4:28 PM
 To:                                     david@griffithlaw.com
 Subject:                                Bertagna v. DealReal International, Inc. Bute County case no. 20CV00531


 Hi David,
           Good talking with you this afternoon. | just wanted to confirm that we met and conferred today regarding the
 Motion For Judgment on the Pleading that I intend to file in the above referenced case. We discussed the First, Second
 and Third causes of action of your complaint and the reasons why | believe they fail to state a cause of action against my
 client, Norm Marshall. You articulated your position as to why those causes of action would not be subject to judgment
 on the pleadings. We were unable to resolve the issues.
 Regards,
 Stee


 Stephen H. Johanson
 JOHANSON & ASSOCIATES
 2020 West El Camino Ave., Suite 115
 Sacramento, CA     95833
 (916) 567-1000
 (916) 649-1373 facsimile
  johanson@johanson-assoc.com

 CONFIDENTIALITY NOTICE:             This email and any attachments are solely for the intended recipient(s) and may contain confidential
 or privileged information. If you   are not the intended recipient, any disclosure, copying, use, or distribution of the information
 included in this message, and any   attachments, is prohibited. If you have received this communication in error, please notify us by
 reply e-mail and immediately and     permanently delete this message and any attachments.
PROOF OF SERVICE
            I, the undersigned, say:    I am, and was at all times herein mentioned, a citizen of the

     United States, over the age of 18 years, employed in the County of Sacramento,                   State of

     California, and not a party to the within action or proceeding; that my business address is 2020
     W. El Camino     Avenue,    Suite 115, Sacramento,       California 95833.    Pursuant the date listed

     below, I served the following document(s):
            DEFENDANT,           NORMAN      P.   MARSHALL’S              NOTICE           OF   MOTION,
             MEMORANDUM            OF   POINTS     AND        AUTHORITIES         IN       SUPPORT   OF
             MOTION      FOR JUDGMENT          ON THE PLEADINGS, DECLARATION OF
             STEPHEN H. JOHANSON IN SUPPORT THEREOF

     on the following parties:
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             DAVID R. GRIFFITH, ESQ.
ll           JAMESON E.P. SHEEHAN, ESQ,
             GRIFFITH, HORN & SHEEHAN, LLP
12           1530 Humboldt Road, Suite 3
13           Chico, CA 95928

14           Stephen L, Ramazzini, Esq.
             2656 Guynn Avenue
15           Chico, CA 95973

16           BY MAIL to the address(es) listed above.         I caused such envelope with postage thereon

17   fully prepaid as first class mail to be placed in the United States mail at Sacramento,

18   California.

19           I declare under penalty of perjury that the foregoing is true and correct. Executed on

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22                                                   Miche      Barbara
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                                                  Proof of Service