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vn Electronically Filed rr 1 9 moe"
Steven F. Klamm (SBN 104591)- Superior Court of California
LAW OFFICES OF STEVEN F. KLAMM County of Stanislaus
1670 Riviera Ave., Ste. 210 Clerk of the Court
Walnut Creek, CA 94596 By: Yukari Williams, Deputy
(925) 934-7300
Attomeys for
Petitioner DAVID DUKE, Trustee
SUPERIOR COURT OF CALIFORNIA
COUNTY OF STANISLAUS
In re the Matter of: Case No.: PR-19-000754
)
) SUPPLEMENT TO
) MEMORANDUM OF POINTS AND
) AUTHORITIES IN SUPPORT OF
) MOTION TO COMPEL
THE JACK W. AND PAULINE DUKE ) CHRISTOPHER DUKE TO
REVOCABLE LIVING TRUST ) ANSWER DEPOSITION
) QUESTIONS AND PRODUCE
) DOCUMENTS; AND MOTION FOR
) MONETARY SANCTIONS
)
)
)
Date: January 19, 2021
Time: 2:30 PM
) Dept: 22
Petitioner, DAVID DUKE, respectfully submits this supplement in order to clarify the
prayer in his Memorandum of Points and Authorities in Support of Motion to Compel
Christopher Duke to Answer Deposition Questions and Produce Documents; and Motion for
Monetary Sanctions, as follows:
WHEREFORE, Petitioner prays for an order:
1. The Court order CHRISTOPHER DUKE, to answer under oath the following
questions on or before 2021:
a. Ok. So where did it [the Bank of America joint account funds] go?
b. So did all the money go inte this bank account which you don’t want to say
the name of it? Did all the rest of the money go into it?
a
SUPPLEMENT TO MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO.
COMPEL CHRISTOPHER DUKE TO ANSWER DEPOSITION QUESTIONS AND PRODUCE DOCUMENTS;
AND MOTION FOR MONETARY SANCTIONS10
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2.
on or before
. Well, then why are you telling me about the attomey-client privilege if you’re
not an attorney. I’m just asking you a question. I’m asking if you used some
of that money to retain a lawyer? That’s not privileged.
. Do you know why he retained Sierra also, why Sierra retained him?
The Court order CHRISTOPHER DUKE, to produce the following documents
. Any and all DOCUMENTS and COMMUNICATIONS (including but not
limited to statements, cancelled checks, invoices, correspondence, etc.)
RELATED TO Christopher Duke’s payment of legal fees to Robert Garcia
(including the firms of Damrell, Nelson, Schrimp, Pallios, Pacher & Silva and
Ramsbacher Prokey Leonard LLP), from July 2018 to present.
. Any and all documents, communications, related to Christopher Duke's
payment of legal fees to Kerry Krueger including Kroloff, Belcher, Smart,
Perry & Christopherson from July 2018 to present.
. Any and all DOCUMENTS and COMMUNICATIONS (including, but not
limited to agreements, statements, cancelled checks, correspondence, etc.)
RELATED TO the Bank of America account ending in xx48.
. Any and all DOCUMENTS and COMMUNICATIONS (including, but not
limited to agreements, statements, cancelled checks, correspondence, etc.)
RELATED TO fee agreements between Christopher Duke and Robert Garcia
(including the firms of Damrell, Nelson, Schrimp, Pallios, Pacher & Silva and
Ramsbacher Prokey Leonard LLP).
. Any and all DOCUMENTS and COMMUNICATIONS (including, but not
limited to agreements, statements, cancelled checks, correspondence, etc.)
RELATED TO payments from Christopher Duke to Robert Garcia (including
the firms of Damrell, Nelson, Schrimp, Pallios, Pacher & Silva and
Ramsbacher Prokey Leonard LLP).
Any and all DOCUMENTS and COMMUNICATIONS (including, but not
limited to agreements, statements, cancelled checks, correspondence, etc.)
RELATED TO payments from Christopher Duke to Kerry Krueger (including
Kroloff, Belcher, Smart, Perry & Christopherson).
. Any and all DOCUMENTS and COMMUNICATIONS that supports
Christopher Duke’s contention that he did not drain Pauline Duke’s accounts
of over $130,000 as stated in his Objection to Petition for Issuance of Citation.
. Any and all DOCUMENTS and COMMUNICATIONS that supports
Christopher Duke’s contention that he was not present when he was added to
the Bank of America accounts ending xx48 and xx24.
~2
SUPPLEMENT TO MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO
COMPEL CHRISTOPHER DUKE TO ANSWER DEPOSITION QUESTIONS AND PRODUCE DOCUMENTS;
AND MOTION FOR MONETARY SANCTIONS10
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i. Any and all DOCUMENTS and COMMUNICATIONS that supports
Christopher Duke’s contention that Christopher Duke did not receive any
transfer of funds from any account owned by Pauline Duke in which
Christopher Duke was an authorized signatory.
j. Any and all DOCUMENTS and COMMUNICATIONS that supports
Christopher Duke’s contention that Christopher Duke never deposited any
monies of Pauline Duke’s into his own accounts.
The Court order CHRISTOPHER DUKE to pay DAVID DUKE, as Trustee of the Jack
W. and Pauline Duke Revocable Living Trust, the sum of $7,200 for reasonable costs and
expenses, including attorney fees, incurred as a result of CHRISTOPHER DUKE failing to
answer deposition questions and produce documents, as well as his opposition to the motion to
compel, which was without substantial justification.
Rodney Augustine, attomey for
DAVID DUKE, Trustee of the Jack W. and
Pauline Duke Revocable Living Trust
~3
SUPPLEMENT TO MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO
COMPEL CHRISTOPHER DUKE TO ANSWER DEPOSITION QUESTIONS AND PRODUCE DOCUMENTS;
AND MOTION FOR MONETARY SANCTIONS10
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PROOF OF SERVICE BY MAIL & E-MAIL
I declare that I am employed in the County of Contra Costa, State of California. My
business address is 1670 Riviera Avenue, Suite 210, Walnut Creek, CA 94596. Iam over the
age of eighteen (18) years and not a party to the within action.
On January 18, 2021, I served a true copy of the within document (s):
1. SUPPLEMENT TO MEMORANDUM OF POINTS AND AUTHORITIES IN
SUPPORT OF MOTION TO COMPEL CHRISTOPHER DUKE TO
ANSWER DEPOSITION QUESTIONS AND PRODUCE DOCUMENTS; AND
MOTION FOR MONETARY SANCTIONS
Kerry Krueger
7540 Shoreline Drive
Stockton, CA 95219
kkrueger@kroloff.com
Attorney for Christopher Duke
Service was made by the following method:
(BY MAIL) I caused each document to be placed in a sealed envelope with postage
fully prepaid and depositing said envelope in the United States Mail at Walnut Creek, Ca
for delivery to the addresses stated above.
X__ (BY ELECTRONIC DELIVERY) By sending at true copy thereof in pdf format
electronically to the parties listed above at the appropriate email addresses listed above.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
ate jarcus im
SUPPLEMENT TO MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO
COMPEL CHRISTOPHER DUKE TO ANSWER DEPOSITION QUESTIONS AND PRODUCE DOCUMENTS;
AND MOTION FOR MONETARY SANCTIONS
Preview
10 li 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vn Electronically Filed rr 1 9 moe" Steven F. Klamm (SBN 104591)- Superior Court of California LAW OFFICES OF STEVEN F. KLAMM County of Stanislaus 1670 Riviera Ave., Ste. 210 Clerk of the Court Walnut Creek, CA 94596 By: Yukari Williams, Deputy (925) 934-7300 Attomeys for Petitioner DAVID DUKE, Trustee SUPERIOR COURT OF CALIFORNIA COUNTY OF STANISLAUS In re the Matter of: Case No.: PR-19-000754 ) ) SUPPLEMENT TO ) MEMORANDUM OF POINTS AND ) AUTHORITIES IN SUPPORT OF ) MOTION TO COMPEL THE JACK W. AND PAULINE DUKE ) CHRISTOPHER DUKE TO REVOCABLE LIVING TRUST ) ANSWER DEPOSITION ) QUESTIONS AND PRODUCE ) DOCUMENTS; AND MOTION FOR ) MONETARY SANCTIONS ) ) ) Date: January 19, 2021 Time: 2:30 PM ) Dept: 22 Petitioner, DAVID DUKE, respectfully submits this supplement in order to clarify the prayer in his Memorandum of Points and Authorities in Support of Motion to Compel Christopher Duke to Answer Deposition Questions and Produce Documents; and Motion for Monetary Sanctions, as follows: WHEREFORE, Petitioner prays for an order: 1. The Court order CHRISTOPHER DUKE, to answer under oath the following questions on or before 2021: a. Ok. So where did it [the Bank of America joint account funds] go? b. So did all the money go inte this bank account which you don’t want to say the name of it? Did all the rest of the money go into it? a SUPPLEMENT TO MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO. COMPEL CHRISTOPHER DUKE TO ANSWER DEPOSITION QUESTIONS AND PRODUCE DOCUMENTS; AND MOTION FOR MONETARY SANCTIONS10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. on or before . Well, then why are you telling me about the attomey-client privilege if you’re not an attorney. I’m just asking you a question. I’m asking if you used some of that money to retain a lawyer? That’s not privileged. . Do you know why he retained Sierra also, why Sierra retained him? The Court order CHRISTOPHER DUKE, to produce the following documents . Any and all DOCUMENTS and COMMUNICATIONS (including but not limited to statements, cancelled checks, invoices, correspondence, etc.) RELATED TO Christopher Duke’s payment of legal fees to Robert Garcia (including the firms of Damrell, Nelson, Schrimp, Pallios, Pacher & Silva and Ramsbacher Prokey Leonard LLP), from July 2018 to present. . Any and all documents, communications, related to Christopher Duke's payment of legal fees to Kerry Krueger including Kroloff, Belcher, Smart, Perry & Christopherson from July 2018 to present. . Any and all DOCUMENTS and COMMUNICATIONS (including, but not limited to agreements, statements, cancelled checks, correspondence, etc.) RELATED TO the Bank of America account ending in xx48. . Any and all DOCUMENTS and COMMUNICATIONS (including, but not limited to agreements, statements, cancelled checks, correspondence, etc.) RELATED TO fee agreements between Christopher Duke and Robert Garcia (including the firms of Damrell, Nelson, Schrimp, Pallios, Pacher & Silva and Ramsbacher Prokey Leonard LLP). . Any and all DOCUMENTS and COMMUNICATIONS (including, but not limited to agreements, statements, cancelled checks, correspondence, etc.) RELATED TO payments from Christopher Duke to Robert Garcia (including the firms of Damrell, Nelson, Schrimp, Pallios, Pacher & Silva and Ramsbacher Prokey Leonard LLP). Any and all DOCUMENTS and COMMUNICATIONS (including, but not limited to agreements, statements, cancelled checks, correspondence, etc.) RELATED TO payments from Christopher Duke to Kerry Krueger (including Kroloff, Belcher, Smart, Perry & Christopherson). . Any and all DOCUMENTS and COMMUNICATIONS that supports Christopher Duke’s contention that he did not drain Pauline Duke’s accounts of over $130,000 as stated in his Objection to Petition for Issuance of Citation. . Any and all DOCUMENTS and COMMUNICATIONS that supports Christopher Duke’s contention that he was not present when he was added to the Bank of America accounts ending xx48 and xx24. ~2 SUPPLEMENT TO MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO COMPEL CHRISTOPHER DUKE TO ANSWER DEPOSITION QUESTIONS AND PRODUCE DOCUMENTS; AND MOTION FOR MONETARY SANCTIONS10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i. Any and all DOCUMENTS and COMMUNICATIONS that supports Christopher Duke’s contention that Christopher Duke did not receive any transfer of funds from any account owned by Pauline Duke in which Christopher Duke was an authorized signatory. j. Any and all DOCUMENTS and COMMUNICATIONS that supports Christopher Duke’s contention that Christopher Duke never deposited any monies of Pauline Duke’s into his own accounts. The Court order CHRISTOPHER DUKE to pay DAVID DUKE, as Trustee of the Jack W. and Pauline Duke Revocable Living Trust, the sum of $7,200 for reasonable costs and expenses, including attorney fees, incurred as a result of CHRISTOPHER DUKE failing to answer deposition questions and produce documents, as well as his opposition to the motion to compel, which was without substantial justification. Rodney Augustine, attomey for DAVID DUKE, Trustee of the Jack W. and Pauline Duke Revocable Living Trust ~3 SUPPLEMENT TO MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO COMPEL CHRISTOPHER DUKE TO ANSWER DEPOSITION QUESTIONS AND PRODUCE DOCUMENTS; AND MOTION FOR MONETARY SANCTIONS10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY MAIL & E-MAIL I declare that I am employed in the County of Contra Costa, State of California. My business address is 1670 Riviera Avenue, Suite 210, Walnut Creek, CA 94596. Iam over the age of eighteen (18) years and not a party to the within action. On January 18, 2021, I served a true copy of the within document (s): 1. SUPPLEMENT TO MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO COMPEL CHRISTOPHER DUKE TO ANSWER DEPOSITION QUESTIONS AND PRODUCE DOCUMENTS; AND MOTION FOR MONETARY SANCTIONS Kerry Krueger 7540 Shoreline Drive Stockton, CA 95219 kkrueger@kroloff.com Attorney for Christopher Duke Service was made by the following method: (BY MAIL) I caused each document to be placed in a sealed envelope with postage fully prepaid and depositing said envelope in the United States Mail at Walnut Creek, Ca for delivery to the addresses stated above. X__ (BY ELECTRONIC DELIVERY) By sending at true copy thereof in pdf format electronically to the parties listed above at the appropriate email addresses listed above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ate jarcus im SUPPLEMENT TO MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO COMPEL CHRISTOPHER DUKE TO ANSWER DEPOSITION QUESTIONS AND PRODUCE DOCUMENTS; AND MOTION FOR MONETARY SANCTIONS