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Louis A. Gonzalez, Jr., State Bar No. 157373
Superior Court of California
Igonzalez@weintraub.com
Zack S. Thompson, State Bar No. 317110 County of Butte
zthompson@weintraub.com
weintraub tobin chediak coleman grodin 4/8/2021
LAW CORPORATION
400 Capitol Mall, 11" Floor
Sacramento, CA 95814 Kant Clerk
Tel: (216) 558-6000 By Deputy
Electronically FILED
Fax: (916) 446-1611
Attorneys for Plaintiffs Erik Benik,
Wishbone Ranch, LLC and James Heath
SUPERIOR COURT OF CALIFORNIA
IN AND FOR THE COUNTY OF BUTTE
10
11 ERIK BENIK, an individual; WISHBONE Case No. 18CV03508
RANCH, LLC, a California limited liability
12 company; and JAMES HEATH, an COMPENDIUM OF EVIDENCE IN SUPPORT
individual, OF PLAINTIFFS’ MOTIONS IN LIMINE 1-6
13
Plaintiffs,
14
vs.
15 Trial Date: April 19, 2021
13290 CONTRACTORS LANE, LLC, a
California limited liability company; Dept:
Be
16 Time: 8:00 a.m.
Qc RICHARD BRINGGOLD, an individual;
22
and DOES 1 through 25, inclusive, Judge: Hon. Tamara L. Mosbarger
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18 Defendants.
3S Complaint Filed: October 23, 2018
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FAC Filed: March 15, 2019
20 SAC Filed: August 7, 2020
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22 Plaintiffs Erik Benik, Wishbone Ranch, LLC and James Heath (“Plaintiffs”) respectfully
23 submit the following table of contents and evidence in support of Plaintiffs’ Motions in Limine
24 1-6. The evidence in support of the Motions in Limine includes the following:
25
26
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28 ///
Compendium of Evidence ISO Plaintiffs’ Motions in
{3138567.DOCX;}
Limine
Exhibit Description
No.
Declaration of Louis A. Gonzalez, Jr. in support of Plaintiffs’ Compendium of
Evidence in support of Motions in Limine 1-6
Option to Purchase Standard lease Addendum between 13290 Contractors Lane,
LLC and Erik Benik, dated December 1, 2016.
Excerpts of the deposition of Kathryn Egan, taken February 25, 2020.
September 24, 2018 Letter from Louis A. Gonzalez, Jr., Esq. to Gregory Finch, Esq
re 13290 Contractors Lane, Chico, CA.
October 3, 2018 Letter from Gregory Finch, Esq. to Louis A. Gonzalez, Jr., Esq. re
13290 Contractors Lane, Chico, CA.
10
Written Exchange of Required Expert Witness Information and Expert Witness
11 Declaration, dated February 25, 2021.
12 First Lease — Standard Industrial Commercial Multi-Tenant Lease between 13290
13 Contractors Lane and Erik Benik, Dated December 1, 2016.
14 Email from Richard Bringgold to Kathryn Egan, Yung Yang, Johnny Yu regarding
Doc, dated December 5, 2016.
15
16 Second Lease — Standard Industrial Commercial Multi-Tenant Lease between
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Qc 13290 Contractors Lane and Erik Benik, Dated December 1, 2016.
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Compendium of Evidence ISO Plaintiffs’ Motions in
{3138567.DOCX;}
Limine
DECLARATION OF LOUIS A. GONZALEZ, JR
IN SUPPORT OF PLAINTIFFS’ MOTIONS JN LIMINE
Louis A. Gonzalez, Jr., State Bar No. 157373
Igonzalez@weintraub.com
Zack S. Thompson, State Bar No. 317110
zthompson@weintraub.com
weintraub tobin chediak coleman grodin
LAW CORPORATION
400 Capitol Mall, 11" Floor
Sacramento, CA 95814
Tel: (216) 558-6000
Fax: (916) 446-1611
Attorneys for Plaintiffs Erik Benik;
Wishbone Ranch, LLC; and James Heath
SUPERIOR COURT OF CALIFORNIA
IN AND FOR THE COUNTY OF BUTTE
10
ERIK BENIK, an individual; WISHBONE Case No. 18CV03508
11 RANCH, LLC, a California limited liabilit
company; and JAMES HEATH, an individual, DECLARATION OF LOUIS A. GONZALEZ,
12 JR. IN SUPPORT OF PLAINTIFFS’
COMPENDIUM OF EVIDENCE IN SUPPORT
13 Plaintiffs, OF MOTIONS IN LIMINE 1-6
14
vs Trial Date: April 19, 2021
15 Dept: 1
Oc
£5 Time: 8:00 a.m.
22
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16 13290 CONTRACTORS LANE, LLC, a Judge: Hon. Tamara L. Mosbarger
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ee California limited liability company;
£8 17 RICHARD BRINGGOLD, an individual; and
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35 DOES 1 through 25, inclusive,
18 Complaint Filed: October 23, 2018
19 Defendants. FAC Filed: March 15, 2019
SAC Filed: August 7, 2020
20
21 |, Louis A. Gonzalez, Jr., declare:
22 1 | am an attorney licensed to practice law in the State of California. | am a
23 Shareholder with Weintraub Tobin Chediak Coleman Grodin Law Corporation, attorneys in
24 this matter for plaintiffs Erik Benik; Wishbone Ranch, LLC; and James Heath (“Plaintiffs”). | am
25 familiar with the facts set forth in this declaration and, if called as a witness, | could and would
26 competently testify to those facts under oath.
27 2 | make this declaration in support of Plaintiffs’ Compendium of Evidence in
28 support of Plaintiffs’ Motions in Limine 1-6.
Declaration of Louis A. Gonzalez, Jr. ISO Plaintiffs’
{3138892.DOCX;} Compendium of Evidence iso Plaintiffs’ Motions in
Limine 1-6
3 Attached hereto as Exhibit “A” is a true and correct copy of the Option to
Purchase Standard lease Addendum between 13290 Contractors Lane, LLC and Erik Benik,
dated December 1, 2016. This document was produced by defendants in discovery, and the
parties have not disputed its authenticity.
4 Attached hereto as Exhibit “B” is a true and correct copy of Excerpts of the
Deposition of Kathryn Egan, which | took on February 25, 2020.
5 Attached hereto as Exhibit “C” is a true and correct copy of a Letter | wrote to
Gregory Finch, Esq. re 13290 Contractors Lane, Chico, CA, dated September 24, 2018.
6 Attached hereto as Exhibit “D” is a true and correct copy of a Letter, dated
10 October 3, 2018, that | received from Gregory Finch, Esq. in response to my September 24,
11 2018 letter re 13290 Contractors Lane, Chico, CA,.
12 7 Attached hereto as Exhibit “E” is a true and correct copy of Richard Bringgold’s
13 Written Exchange of Required Expert Witness Information and Expert Witness Declaration
14 designating Atom Levi, dated February 25, 2021. This was served on me at my law firm in
15 discovery.
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16 8 Attached hereto as Exhibit “F” is a true and correct copy of First Lease —
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£3 17 Standard Industrial Commercial Multi-Tenant Lease between 13290 Contractors Lane and Erik
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18 Benik, Dated December 1, 2016. This document was produced by defendants in discovery,
19 and the parties have not disputed its authenticity.
20 9 Attached hereto as Exhibit “G” is a true and correct copy of an Email from
21 Richard Bringgold to Kathryn Egan, Yung Yang, Johnny Yu regarding Doc, dated December 5,
22 2016. Mr. Bringgold confirmed the authenticity of this email to me during his deposition, and
23 the parties have not disputed its authenticity.
24 10 Attached hereto as Exhibit “H” is a true and correct copy of Second Lease —
25 Standard Industrial Commercial Multi-Tenant Lease between 13290 Contractors Lane and Erik
26 Benik, Dated December 1, 2016. This document was produced by defendants in discovery,
27 and the parties have not disputed its authenticity.
28 11 Attached hereto as Exhibit “I” is a true and correct copy of Excerpts of the
Declaration of Louis A. Gonzalez, Jr. ISO Plaintiffs’
{3138892.DOCX;} Compendium of Evidence iso Plaintiffs’ Motions in
Limine 1-6
1 Deposition of Richard Bringgold, which | took on February 12, 2020.
2
3 | declare under penalty of perjury under the laws of California that the foregoing is true
4 and correct
5 Executed on April 8, 2021 at Sacramento, California
6 EZ
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Louis A. Gonzalez, Jr.
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Declaration of Louis A. Gonzalez, Jr. ISO Plaintiffs’
{3138892.DOCX;} Compendium of Evidence iso Plaintiffs’ Motions in
Limine 1-6
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27 EXHIBIT A
28 ISO PLAINTIFFS’ MOTIONS IN LIMINE
Compendium of Evidence ISO Plaintiffs’ Motions in
{3138567.DOCX;} Limine
AV is3
AIR COMMERCIAL REAL ESTATE ASSOCIATION
OPTION TO PURCHASE
Standard Lease Addendum
Dated December 1. 2016
By and Between (Lessor) 13290 Contractors Lane, LLC
(Lessee) Erik Benik
Address of Premises: 23290 Contractors Drive
Chico, CA 95973
Paragraph
(@) Lessor hereby grants to Lessee an option to purchase the Premises upon the terms and conditions herein set forth.
©) (In Order to exercise this option to purchase, Lessee must give written noticeof the exercise of the option to Lessor during the period
from December 1, 2016 toNovember 30,2018 (the “Option Period”), time being of the essence.
| such notice is not so given. this option shall automatically expire. Al the same lime the option Is exercised, Lessee must deliver to Lessora cashier's
check in the amount of remainder amount of PP payableto 13290 Contractors Lane, LLC 2
‘85 and for the Deposit ro’erred to in paragraph 4.1 of the Standard Offer, Agreement and Escrow instructions for the Purchase of Real Estate.
) Thep “Sons. paragrazh 39, including those celating to Lessee's Default set forth in paragraph 39.4 of this Lease are conditions.
of this Optic,
‘) if Lessee elects fo exercise this option to purchase as provided above, the transfer of title to Lessee shall ocour on the close of
escrow and until that time the terms of this Lease shall remain in full force and effect.
() If Lessee elects io exercise this option to purchase, the purchase price to be paid by Lessee shall
be $Two Million Nine
jundre a Thousané Dollars ($2,990, 000.00)
© ‘Within 10 cays after this option to purchase is exercised. Lessor and Lessee shall give instructions to consummate the sale to
Bidwell Compa: y
itle Chico,
located at 200
500 Wall
Street,Wall Street Chico, CA CA_
= Who shall act as escrow holder, on the normal and usual escrow forms
then used by such escrow holder, as follows:
0 Escrow shall close 40 or sooner ays after the exercise of the option to purchase by Lessee;
@ Lessor shall deposit the check referred to in paragraph (b) into escrow upon opening thereot, with the balance of the
Purchase price to be deposited into escrow no later then 2:00 P.M. on the last business day prior to the expected closing date:
« ‘The parties agree to execute any additional instructions as are normal and usual;
(™)_The bolance of ne terms anc concitons of sale shall be as set forth in the AUR Gommerciat Real state Aecaciaton
2 a SCHON: i :, sole attaatient hereto
excoptiorinetotowing: Addendum One (1)
Fae: 20, “oh
» Sither Lessor o Lessee shal. uoon requestof the other. execute, acknowledge and deliver to the other a short form memorandum
of this Luase‘or recoring sursescs. The Party requesing recordation shall be responsible for payment of any fees applicable thereto.
(ny In the event that this option to purchase is not exercised by Lessee in a timely fashion, the Lessee shall, upon request of Lessor,
execute, acknowledge and deliver to Lessor a quit claim deed releasing Lessee’s interest in such option. Lessor shall be responsible for the
preparation of such deed and the paymentof any fees applicable to the recording thereot.
WARNING:
LESSEE SHOULD NOT EXERCISE THIS OPTION UNTIL LESSEE HAS COMPLETED SUCH INVESTIGATION AS MAY BE
APPROPRIATE. OBTAINED ANY NECESSARY FINANCING, AND IS OTHERWISE IN A POSITION TO COMPLETE SUCH PURCHASE.
NOTICE: These forms are often modified to meet changing requirements of law and industry needs. Always write or call to make
are utilizing the most current form: AIR Commercial Real Estate Brand Bivd, Suite 900, Glendale, CA 91203.
‘Telephone No. (213) 687-8777. Fax No.: (213) 687-8616.
PAGE 10F 1
inmmIALS
©2000 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM OP-5-8/06E
Vs
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ADDENDUM
Date: Dec.
By and Between (Lessor) 13290 contractors Lane, LLC
(Lessee) erik Benix
Address of Premises: 12390 contractors Drive
Chico, CA_95973 {aprox 44,000 SF)
Paragraph 52
in the event of any conflict between the provisions of this Addendum and the printed provisions of the Lease, this Addendum shall
control.
1. Leseor's Obligations: Lessor shi maintain the property, including the building and premises in good
order and repair. Lessor shall, at its cost, maintain, repair or replace structural and capital elements including
exterior wails, roof and roofing, foundation and septic system.
2. Lessee's Obligation: Lessee is responsible for damages caused by Lessee negligence. Lessee shall
maintain the premises in a clean, orderly and sanitary condition. Lessee shall be responsible for minor repairs
and maintenance. Lessee shall, through the term, take good care of the premises and fixtures and
appurtenances therein, ana make all minor and non-structural/non-capital repairs thereto as and when needed
to preserve the premises in good order and contrition.
5. Purchase Ootion: in the event that the Lessee is not in default of any provisions of the lease,
Lessee shai nave Option to Purchase propertyat the twenty-fourth (24th) month or sooner for the purchase
price of $2,990,000.00. Lessee’s monthly rent in its entirety shall be applied to the down payment. Should
Lessee procure a tenant for other spaces in the complex, Lessee will become the Lessor(2) for said space and
sublease to said cenant. Said tenant's rent will be collected by Lessor(2) and applied to the down payment.
Shoula Lessze elect cot to exercise tne Option, Lessor shall retain all monies applied to the down payment, a6
well as any cenants procured by Lessor(2).
4. Move In: Lessee shall have the ability to begin moving into Premises upon execution of Lease. Base rent
of six thousand do! ars ($6,000.00) shall commence on December 1, 2016.
PAGE 10F2
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27 EXHIBIT B
28 ISO PLAINTIFFS’ MOTIONS IN LIMINE
Compendium of Evidence ISO Plaintiffs’ Motions in
{3138567.DOCX;} Limine
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF BUTTE
ERIK BENIK, an individual;
WISHBONE RANCH, LLC, a California
limited liability company; and
JAMES HEATH, an individual,
Plaintiffs,
vs. No: 18CV03508
10 13290 CONTRACTORS LANE, LLC, a
11 California limited liability
12 company; RICHARD BRINGGOLD, an
13 individual; and DOES 1 through 25,
14 inclusive,
15 Defendants.
16 _ _— _—
17 AND RELATED CROSS ACTION
18
19 VIDEOTAPED DEPOSITION OF
20 KATHRYN EGAN
21 Tuesday, February 25, 2020
22 --000--
23 JOB NO. 3999586
24 REPORTED BY: MARY ANN WYLLIE, CSR #6304
25 PAGES 1 - 195
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MR. FINCH: Correct
MR. GONZALEZ: Okay
BY MR. GONZALEZ: Q Ms. Egan, when was the
first time you met Erik Benik?
A When?
(Nods head.) 10 29 25
I can't remember the exact date.
Where? 10 29 28
In Oroville.
10 And where in Oroville, if you remember? 10 29 34
11 At his unit at Highway 70 Industrial Park.
12 Okay. 10 29 43
13 Okay. And what was the purpose for your -~
14 you meeting Mr. Benik at his Oroville facility?
15 To discuss the possibility of a lease
16 option.
17 For? 10:30:01
18 Contractors Drive.
19 Contractors. Yeah. 10:30:03
20 What -- what do you refer to this property as?
21 I want to make sure I use the right name, because every
22 time I have to refer to it "13290 Contractors Lane, " it
23 just kind of gets a little --
24 A I call it "Contractors Drive."
25 Okay. We'll call it "Contractors Drive," 10:30:16
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then.
How did you get in contact with Erik? Was he
a lead that you found? He found you? Was it provided
to you by Richard? How did that come to be?
A A very good client of mine is a customer of
Erik's, and this particular lient was interested in
purcha g Contractors Drive. And at that point in
time it wasn't available. It was already purchased by
Contractors Lane, LLC.
10 And so my client said he -- he has a friend or
11 a vendor that is growing out of his space and he might
12 be interested in moving over there.
13 Okay. And -- and who was that good friend of 10 31 11
14 yours?
15 Mark Snyder.
16 And -- and what is the nature of Mr Snyder's 10 31 15
17 business?
18 He is a walnut shelling operation.
19 And -- and what's the name of his walnut 10 31 32
20 shelling --
21 Acme Walnut.
22 Okay. And that is based out of where? 10 31 40
23 A Chico.
24 Q At that point in time, when you had met Erik 10 31 49
25 for the first time you were working at The Group,
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to Mr. Benik because of the expense in moving his
equipment, correct?
A You'd have to ask Mr. Benik that.
Q Well, did he tell you that? 10:35:41
A He said he had a lot of business going on and
he -- the space in Oroville was too small. He needed
to expand.
Q Okay. Did Mr. Benik ever tell you that it was 10:35:54
extremely expensive to move his equipment out of his
10 space and that's why he wanted to move, to relocate and
11 have an option to purchase?
12 No.
13 How long did your meeting with Mr. Benik 10 36:14
14 last?
15 I don't remember.
16 Short? 10 36:17
17 I would hazard a guess at maybe half an
18 hour.
19 Do you know if Mr. Benik had seen the space on 10: 36:25
20 Contractors Drive prior to your meeting?
21 A I don't know.
22 Q Did you -- when you left the meeting were 10 36:33
23 there any follow-up items that you needed to do? For
24 example, show him the space?
25 A You know, I really don't recall that. I know
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th had to formulate a document for them if they
wanted to go forward but I know that -- well I don't
know, but I'm assuming that Mr. Benik and Mr. Bringgold
continued their talks.
Q Were you under the impression that 10:37:09
Mr. Bringgold and Mr. Benik had spoken prior to your
meeting?
A No.
Q Okay. Did you mai tain a file for this 10:37:18
10 property while you worked aa The Group?
11 No.
12 Was that your practice, not to have a file 10:37:26
13 relating to the property you were working on?
14 Number one, I did a contract, as I said
15 before. I keep those contracts in my computer. In
16 fact, I think you have a copy of
17 Q Well a+ okay. 10:37:45
18 So is your -- is the contract your file?
19 Yes.
20 Q What -- which contract are you referring to? 10:37:53
21 A The first contract, other than where it says
22 "Lease No. on and then the different date.
23 Q Well, are you referring to -- what you're 10:38:02
24 referring to a contract is -- are you -- are you
25 actually referring to a lease?
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No.
Why not? 10:45:21
A I didn't tell him.
Q Why did you not tell him you were preparing 10:45:23
the lease?
A Because Mr. Bringgold had hired him for quite
a time to work on the building and produce tenants, and
Frank did not. And so he didn't want Frank Ross to get
any more money out of my commission, and -- until I got
10 my broker's license. That's when I could actually sign
11 the lease under my own company.
12 Q Okay. At that poi t you didn't have a+ you 10:46:06
13 did not have a separate listing agreement with
14 Mr. Bringgold or the LLC, correct?
15 A Correct.
16 Q All right. And -- and you did not indicate 10:46:16
17 the brokerage relationship on the actual lease itself
18 correct?
19 A Correct.
20 Q All right. So you prepared it, but it appears 10:46:25
21 that it was negotiated -- or prepared between the
22 parties, correct?
23 A Correct.
24 Q Okay. And, in fact, you were representing the 10:46:34
25 parties in the transaction, correct?
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No.
You were not? 10 46 44
No.
So who -- were you -- were you representing 10 46 47
anyone in that transaction?
A No. I did it as a favor.
To who? 10 46 56
Mr. Bringgold and Erik.
Q Well, who gave you the terms? 10 47 0s
10 A It was discussed between Erik and Richard
11 Bringgold.
12 Q Did you, in fact, get a commission for that 10 47 19
13 lease?
14 A After I got my broker's license and it was
15 finaled.
16 Q Okay. When what was finaled, your broker's 10:47:32
17 license or the lease?
18 A Well, both.
19 Q Okay. 10:47:42
20 A I wouldn't have gotten paid if I didn't have a
21 broker's license. I would have had to be under a
22 broker.
23 Q Okay. I mean, you understood that because 10:47:50
24 tha 's the Department of Real Estate's regulations,
25 correct?
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A Correct.
Q Okay. And so, although you weren't paid, you 10:47:58
were preparing the lease as directed by Mr. Bringgold
and Mr. Benik, correct?
A Correct.
All right. And the fact that you were not 10:48:19
g ng paid, did that all effect, in your mind, your
understanding of any obligations you may owe to
Mr. Bringgold or Mr. Benik in connection with the
10 lease?
11 A There -- everybody is always owed a good
12 contract. There -- there was nothing misunderstood in
13 the contract at all as far as I was concerned.
14 Q Did you believe it represented the parties 10:48:56
15 agreement as they provided it to you?
16 A I felt that it did; however I also mentioned,
17 at the first meeting, that everyone should take that to
18 either another Realtor or an attorney for review.
19 Q Well, if they went to another Realtor the -- 10:49:17
20 the other Realtor would have been entitled to a
21 commission, correct?
22 A Correct.
23 Q And, in fact, they would have been entitled to 10:49:24
24 the whole commission because you were not entitled to a
25 commission at that point.
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landlord and the tenant, correct?
A Correct.
Q And, again, in these December 3rd leases a+ I 11 25
believe it's Exhibit 3.
Does he have an Exhibit 6? I can't -- I can't
recall.
THE WITNESS: 6?
MR. FINCH: We don't have an Exhibit 6.
MR. GONZALEZ: Is it 5?
10 THE WITNESS: 4
11 BY MR. GONZALEZ: Q Sorry. It was Exhibit 6
12 to Mr. Bringgold's deposition.
13 So, in Exhibits 3 and 4ay you're representing,
14 again, without compensation, Mr. Bringgold and
15 Mr. Benik, correct?
16 A I'm not representing anyone.
17 Q You weren't representing anyone in either one 11 56 00
18 of these leases?
19 A Correct.
20 Q Okay. Yet you were taking direction from them 11: 56: 04
21 and prepared a lease for them, correct?
22 Correct.
23 Okay. That a+ that's -- that's your position, 11 56 11
24 right?
25 Correct.
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Q Okay. In the lease terms on Exhibit 4, you 11:56:13
had indicated that Mr. Benik had potentially wanted
additional space. Is -- is that your recollection as
to why the base rate increased?
A If you look on 1.2(a --
Q Okay. 11:56:39
A -- it indicates th instead of 44,000 square
feet, he now has 52,007 square feet of office and
warehouse.
10 Q Okay. So, at this point, you don't know 11:56:51
11 whether he took more space or i -£ he had a subtenant at
12 that point, correct?
13 A If I recall correctly, he had additional
14 tenants that he needed to sublease to, and that square
15 footage was included in this lease.
16 Q Okay. Who -- who provided the base lease 11:57:22
17 amount to you?
18 That would have been between Richard and
19 Erik.
20 Likewise for the figures in Paragraph 1.7? 11 57:41
21 Yes.
22 Q Did you have any part in calculating any of 11: 57:50
23 those £
fi gures?
24 A Again, it would be the same answer as I gave
25 you on Item 3. It a+ it was given to me and all I did
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was the formula.
Q Okay. And the information that was given to 11:58:03
you was Mr. Bringgold had provided you -- you some
information for common area expenses that you
prorated?
A Correct.
Q The fact that you are not indicated on 11:58:20
Exhibit 44, does that indicate to you that you had not
obtained your broker's license yet?
10 A I would assume that
11 Q The a+ if we can turn to the addendum that you 11:58:40
12 had pointed out previously as the last page of
13 Exhibit 44
14 Who prepared the language of the addendum?
15 A I did.
16 Q Who provided the actual verbiage used in 11 58:59
17 addendum?
18 A I did.
19 Q What direction was given to you by 11 59:10
20 Mr. Bringgold for the language that appears in the
21 addendum to Exhibit 4?
22 A Everybody has to look at this and approve it.
23 So I could have written it with nothing but numbers
24 directed at me. And if they didn't approve it, then I
25 would be asked to correct it and change something, and
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PENALTY OF PERJURY
I, the undersigned, hereby certify that I
have read the foregoing deposition, that I know the
contents thereof, and I declare under penalty of
perjury that the foregoing is true and correct and that
there are:
(check one) NO CORRECTIONS
CORRECTIONS PER ATTACHED
10 Executed on the —_—__ day of —_—
11 2020, at _— —— , California.
12
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KATHRYN EGAN
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CERTIFICATE OF CERTIFIED SHORTHAND REPORTER
I, MARY ANN WYLLIE, CSR No. 6304, a C
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Louis A. Gonzalez, Jr., State Bar No. 157373 Superior Court of California Igonzalez@weintraub.com Zack S. Thompson, State Bar No. 317110 County of Butte zthompson@weintraub.com weintraub tobin chediak coleman grodin 4/8/2021 LAW CORPORATION 400 Capitol Mall, 11" Floor Sacramento, CA 95814 Kant Clerk Tel: (216) 558-6000 By Deputy Electronically FILED Fax: (916) 446-1611 Attorneys for Plaintiffs Erik Benik, Wishbone Ranch, LLC and James Heath SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF BUTTE 10 11 ERIK BENIK, an individual; WISHBONE Case No. 18CV03508 RANCH, LLC, a California limited liability 12 company; and JAMES HEATH, an COMPENDIUM OF EVIDENCE IN SUPPORT individual, OF PLAINTIFFS’ MOTIONS IN LIMINE 1-6 13 Plaintiffs, 14 vs. 15 Trial Date: April 19, 2021 13290 CONTRACTORS LANE, LLC, a California limited liability company; Dept: Be 16 Time: 8:00 a.m. Qc RICHARD BRINGGOLD, an individual; 22 and DOES 1 through 25, inclusive, Judge: Hon. Tamara L. Mosbarger ae 3° 17 ae Sa BS eo oS 18 Defendants. 3S Complaint Filed: October 23, 2018 19 FAC Filed: March 15, 2019 20 SAC Filed: August 7, 2020 21 22 Plaintiffs Erik Benik, Wishbone Ranch, LLC and James Heath (“Plaintiffs”) respectfully 23 submit the following table of contents and evidence in support of Plaintiffs’ Motions in Limine 24 1-6. The evidence in support of the Motions in Limine includes the following: 25 26 27 28 /// Compendium of Evidence ISO Plaintiffs’ Motions in {3138567.DOCX;} Limine Exhibit Description No. Declaration of Louis A. Gonzalez, Jr. in support of Plaintiffs’ Compendium of Evidence in support of Motions in Limine 1-6 Option to Purchase Standard lease Addendum between 13290 Contractors Lane, LLC and Erik Benik, dated December 1, 2016. Excerpts of the deposition of Kathryn Egan, taken February 25, 2020. September 24, 2018 Letter from Louis A. Gonzalez, Jr., Esq. to Gregory Finch, Esq re 13290 Contractors Lane, Chico, CA. October 3, 2018 Letter from Gregory Finch, Esq. to Louis A. Gonzalez, Jr., Esq. re 13290 Contractors Lane, Chico, CA. 10 Written Exchange of Required Expert Witness Information and Expert Witness 11 Declaration, dated February 25, 2021. 12 First Lease — Standard Industrial Commercial Multi-Tenant Lease between 13290 13 Contractors Lane and Erik Benik, Dated December 1, 2016. 14 Email from Richard Bringgold to Kathryn Egan, Yung Yang, Johnny Yu regarding Doc, dated December 5, 2016. 15 16 Second Lease — Standard Industrial Commercial Multi-Tenant Lease between Bez Qc 13290 Contractors Lane and Erik Benik, Dated December 1, 2016. ae 3° 17 ae Sa BS Excerpts of the Deposition of Richard Bringgold, taken February 12, 2020. eo eS oS 18 3S 19 20 21 22 23 24 25 26 27 28 Compendium of Evidence ISO Plaintiffs’ Motions in {3138567.DOCX;} Limine DECLARATION OF LOUIS A. GONZALEZ, JR IN SUPPORT OF PLAINTIFFS’ MOTIONS JN LIMINE Louis A. Gonzalez, Jr., State Bar No. 157373 Igonzalez@weintraub.com Zack S. Thompson, State Bar No. 317110 zthompson@weintraub.com weintraub tobin chediak coleman grodin LAW CORPORATION 400 Capitol Mall, 11" Floor Sacramento, CA 95814 Tel: (216) 558-6000 Fax: (916) 446-1611 Attorneys for Plaintiffs Erik Benik; Wishbone Ranch, LLC; and James Heath SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF BUTTE 10 ERIK BENIK, an individual; WISHBONE Case No. 18CV03508 11 RANCH, LLC, a California limited liabilit company; and JAMES HEATH, an individual, DECLARATION OF LOUIS A. GONZALEZ, 12 JR. IN SUPPORT OF PLAINTIFFS’ COMPENDIUM OF EVIDENCE IN SUPPORT 13 Plaintiffs, OF MOTIONS IN LIMINE 1-6 14 vs Trial Date: April 19, 2021 15 Dept: 1 Oc £5 Time: 8:00 a.m. 22 38 16 13290 CONTRACTORS LANE, LLC, a Judge: Hon. Tamara L. Mosbarger BS ee California limited liability company; £8 17 RICHARD BRINGGOLD, an individual; and os 35 DOES 1 through 25, inclusive, 18 Complaint Filed: October 23, 2018 19 Defendants. FAC Filed: March 15, 2019 SAC Filed: August 7, 2020 20 21 |, Louis A. Gonzalez, Jr., declare: 22 1 | am an attorney licensed to practice law in the State of California. | am a 23 Shareholder with Weintraub Tobin Chediak Coleman Grodin Law Corporation, attorneys in 24 this matter for plaintiffs Erik Benik; Wishbone Ranch, LLC; and James Heath (“Plaintiffs”). | am 25 familiar with the facts set forth in this declaration and, if called as a witness, | could and would 26 competently testify to those facts under oath. 27 2 | make this declaration in support of Plaintiffs’ Compendium of Evidence in 28 support of Plaintiffs’ Motions in Limine 1-6. Declaration of Louis A. Gonzalez, Jr. ISO Plaintiffs’ {3138892.DOCX;} Compendium of Evidence iso Plaintiffs’ Motions in Limine 1-6 3 Attached hereto as Exhibit “A” is a true and correct copy of the Option to Purchase Standard lease Addendum between 13290 Contractors Lane, LLC and Erik Benik, dated December 1, 2016. This document was produced by defendants in discovery, and the parties have not disputed its authenticity. 4 Attached hereto as Exhibit “B” is a true and correct copy of Excerpts of the Deposition of Kathryn Egan, which | took on February 25, 2020. 5 Attached hereto as Exhibit “C” is a true and correct copy of a Letter | wrote to Gregory Finch, Esq. re 13290 Contractors Lane, Chico, CA, dated September 24, 2018. 6 Attached hereto as Exhibit “D” is a true and correct copy of a Letter, dated 10 October 3, 2018, that | received from Gregory Finch, Esq. in response to my September 24, 11 2018 letter re 13290 Contractors Lane, Chico, CA,. 12 7 Attached hereto as Exhibit “E” is a true and correct copy of Richard Bringgold’s 13 Written Exchange of Required Expert Witness Information and Expert Witness Declaration 14 designating Atom Levi, dated February 25, 2021. This was served on me at my law firm in 15 discovery. Oc £5 22 se 16 8 Attached hereto as Exhibit “F” is a true and correct copy of First Lease — BS fa £3 17 Standard Industrial Commercial Multi-Tenant Lease between 13290 Contractors Lane and Erik Os 35 18 Benik, Dated December 1, 2016. This document was produced by defendants in discovery, 19 and the parties have not disputed its authenticity. 20 9 Attached hereto as Exhibit “G” is a true and correct copy of an Email from 21 Richard Bringgold to Kathryn Egan, Yung Yang, Johnny Yu regarding Doc, dated December 5, 22 2016. Mr. Bringgold confirmed the authenticity of this email to me during his deposition, and 23 the parties have not disputed its authenticity. 24 10 Attached hereto as Exhibit “H” is a true and correct copy of Second Lease — 25 Standard Industrial Commercial Multi-Tenant Lease between 13290 Contractors Lane and Erik 26 Benik, Dated December 1, 2016. This document was produced by defendants in discovery, 27 and the parties have not disputed its authenticity. 28 11 Attached hereto as Exhibit “I” is a true and correct copy of Excerpts of the Declaration of Louis A. Gonzalez, Jr. ISO Plaintiffs’ {3138892.DOCX;} Compendium of Evidence iso Plaintiffs’ Motions in Limine 1-6 1 Deposition of Richard Bringgold, which | took on February 12, 2020. 2 3 | declare under penalty of perjury under the laws of California that the foregoing is true 4 and correct 5 Executed on April 8, 2021 at Sacramento, California 6 EZ Aa ~~ Louis A. Gonzalez, Jr. 10 11 12 13 14 15 Oc £5 a= se 16 BS fa £3 17 Os 35 18 19 20 21 22 23 24 25 26 27 28 Declaration of Louis A. Gonzalez, Jr. ISO Plaintiffs’ {3138892.DOCX;} Compendium of Evidence iso Plaintiffs’ Motions in Limine 1-6 10 11 12 13 14 15 Bez 16 Qc ae 3° 17 ae Se BS eo Eo oS 18 3S 19 20 21 22 23 24 25 26 27 EXHIBIT A 28 ISO PLAINTIFFS’ MOTIONS IN LIMINE Compendium of Evidence ISO Plaintiffs’ Motions in {3138567.DOCX;} Limine AV is3 AIR COMMERCIAL REAL ESTATE ASSOCIATION OPTION TO PURCHASE Standard Lease Addendum Dated December 1. 2016 By and Between (Lessor) 13290 Contractors Lane, LLC (Lessee) Erik Benik Address of Premises: 23290 Contractors Drive Chico, CA 95973 Paragraph (@) Lessor hereby grants to Lessee an option to purchase the Premises upon the terms and conditions herein set forth. ©) (In Order to exercise this option to purchase, Lessee must give written noticeof the exercise of the option to Lessor during the period from December 1, 2016 toNovember 30,2018 (the “Option Period”), time being of the essence. | such notice is not so given. this option shall automatically expire. Al the same lime the option Is exercised, Lessee must deliver to Lessora cashier's check in the amount of remainder amount of PP payableto 13290 Contractors Lane, LLC 2 ‘85 and for the Deposit ro’erred to in paragraph 4.1 of the Standard Offer, Agreement and Escrow instructions for the Purchase of Real Estate. ) Thep “Sons. paragrazh 39, including those celating to Lessee's Default set forth in paragraph 39.4 of this Lease are conditions. of this Optic, ‘) if Lessee elects fo exercise this option to purchase as provided above, the transfer of title to Lessee shall ocour on the close of escrow and until that time the terms of this Lease shall remain in full force and effect. () If Lessee elects io exercise this option to purchase, the purchase price to be paid by Lessee shall be $Two Million Nine jundre a Thousané Dollars ($2,990, 000.00) © ‘Within 10 cays after this option to purchase is exercised. Lessor and Lessee shall give instructions to consummate the sale to Bidwell Compa: y itle Chico, located at 200 500 Wall Street,Wall Street Chico, CA CA_ = Who shall act as escrow holder, on the normal and usual escrow forms then used by such escrow holder, as follows: 0 Escrow shall close 40 or sooner ays after the exercise of the option to purchase by Lessee; @ Lessor shall deposit the check referred to in paragraph (b) into escrow upon opening thereot, with the balance of the Purchase price to be deposited into escrow no later then 2:00 P.M. on the last business day prior to the expected closing date: « ‘The parties agree to execute any additional instructions as are normal and usual; (™)_The bolance of ne terms anc concitons of sale shall be as set forth in the AUR Gommerciat Real state Aecaciaton 2 a SCHON: i :, sole attaatient hereto excoptiorinetotowing: Addendum One (1) Fae: 20, “oh » Sither Lessor o Lessee shal. uoon requestof the other. execute, acknowledge and deliver to the other a short form memorandum of this Luase‘or recoring sursescs. The Party requesing recordation shall be responsible for payment of any fees applicable thereto. (ny In the event that this option to purchase is not exercised by Lessee in a timely fashion, the Lessee shall, upon request of Lessor, execute, acknowledge and deliver to Lessor a quit claim deed releasing Lessee’s interest in such option. Lessor shall be responsible for the preparation of such deed and the paymentof any fees applicable to the recording thereot. WARNING: LESSEE SHOULD NOT EXERCISE THIS OPTION UNTIL LESSEE HAS COMPLETED SUCH INVESTIGATION AS MAY BE APPROPRIATE. OBTAINED ANY NECESSARY FINANCING, AND IS OTHERWISE IN A POSITION TO COMPLETE SUCH PURCHASE. NOTICE: These forms are often modified to meet changing requirements of law and industry needs. Always write or call to make are utilizing the most current form: AIR Commercial Real Estate Brand Bivd, Suite 900, Glendale, CA 91203. ‘Telephone No. (213) 687-8777. Fax No.: (213) 687-8616. PAGE 10F 1 inmmIALS ©2000 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM OP-5-8/06E Vs ‘2 16 ADDENDUM Date: Dec. By and Between (Lessor) 13290 contractors Lane, LLC (Lessee) erik Benix Address of Premises: 12390 contractors Drive Chico, CA_95973 {aprox 44,000 SF) Paragraph 52 in the event of any conflict between the provisions of this Addendum and the printed provisions of the Lease, this Addendum shall control. 1. Leseor's Obligations: Lessor shi maintain the property, including the building and premises in good order and repair. Lessor shall, at its cost, maintain, repair or replace structural and capital elements including exterior wails, roof and roofing, foundation and septic system. 2. Lessee's Obligation: Lessee is responsible for damages caused by Lessee negligence. Lessee shall maintain the premises in a clean, orderly and sanitary condition. Lessee shall be responsible for minor repairs and maintenance. Lessee shall, through the term, take good care of the premises and fixtures and appurtenances therein, ana make all minor and non-structural/non-capital repairs thereto as and when needed to preserve the premises in good order and contrition. 5. Purchase Ootion: in the event that the Lessee is not in default of any provisions of the lease, Lessee shai nave Option to Purchase propertyat the twenty-fourth (24th) month or sooner for the purchase price of $2,990,000.00. Lessee’s monthly rent in its entirety shall be applied to the down payment. Should Lessee procure a tenant for other spaces in the complex, Lessee will become the Lessor(2) for said space and sublease to said cenant. Said tenant's rent will be collected by Lessor(2) and applied to the down payment. Shoula Lessze elect cot to exercise tne Option, Lessor shall retain all monies applied to the down payment, a6 well as any cenants procured by Lessor(2). 4. Move In: Lessee shall have the ability to begin moving into Premises upon execution of Lease. Base rent of six thousand do! ars ($6,000.00) shall commence on December 1, 2016. PAGE 10F2 10 11 12 13 14 15 Bez 16 Qc ae 3° 17 ae Se BS eo Eo oS 18 3S 19 20 21 22 23 24 25 26 27 EXHIBIT B 28 ISO PLAINTIFFS’ MOTIONS IN LIMINE Compendium of Evidence ISO Plaintiffs’ Motions in {3138567.DOCX;} Limine SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF BUTTE ERIK BENIK, an individual; WISHBONE RANCH, LLC, a California limited liability company; and JAMES HEATH, an individual, Plaintiffs, vs. No: 18CV03508 10 13290 CONTRACTORS LANE, LLC, a 11 California limited liability 12 company; RICHARD BRINGGOLD, an 13 individual; and DOES 1 through 25, 14 inclusive, 15 Defendants. 16 _ _— _— 17 AND RELATED CROSS ACTION 18 19 VIDEOTAPED DEPOSITION OF 20 KATHRYN EGAN 21 Tuesday, February 25, 2020 22 --000-- 23 JOB NO. 3999586 24 REPORTED BY: MARY ANN WYLLIE, CSR #6304 25 PAGES 1 - 195 Page 1 Veritext Legal Solutions 866 299-5127 MR. FINCH: Correct MR. GONZALEZ: Okay BY MR. GONZALEZ: Q Ms. Egan, when was the first time you met Erik Benik? A When? (Nods head.) 10 29 25 I can't remember the exact date. Where? 10 29 28 In Oroville. 10 And where in Oroville, if you remember? 10 29 34 11 At his unit at Highway 70 Industrial Park. 12 Okay. 10 29 43 13 Okay. And what was the purpose for your -~ 14 you meeting Mr. Benik at his Oroville facility? 15 To discuss the possibility of a lease 16 option. 17 For? 10:30:01 18 Contractors Drive. 19 Contractors. Yeah. 10:30:03 20 What -- what do you refer to this property as? 21 I want to make sure I use the right name, because every 22 time I have to refer to it "13290 Contractors Lane, " it 23 just kind of gets a little -- 24 A I call it "Contractors Drive." 25 Okay. We'll call it "Contractors Drive," 10:30:16 Page 24 Veritext Legal Solutions 866 299-5127 then. How did you get in contact with Erik? Was he a lead that you found? He found you? Was it provided to you by Richard? How did that come to be? A A very good client of mine is a customer of Erik's, and this particular lient was interested in purcha g Contractors Drive. And at that point in time it wasn't available. It was already purchased by Contractors Lane, LLC. 10 And so my client said he -- he has a friend or 11 a vendor that is growing out of his space and he might 12 be interested in moving over there. 13 Okay. And -- and who was that good friend of 10 31 11 14 yours? 15 Mark Snyder. 16 And -- and what is the nature of Mr Snyder's 10 31 15 17 business? 18 He is a walnut shelling operation. 19 And -- and what's the name of his walnut 10 31 32 20 shelling -- 21 Acme Walnut. 22 Okay. And that is based out of where? 10 31 40 23 A Chico. 24 Q At that point in time, when you had met Erik 10 31 49 25 for the first time you were working at The Group, Page 25 Veritext Legal Solutions 866 299-5127 to Mr. Benik because of the expense in moving his equipment, correct? A You'd have to ask Mr. Benik that. Q Well, did he tell you that? 10:35:41 A He said he had a lot of business going on and he -- the space in Oroville was too small. He needed to expand. Q Okay. Did Mr. Benik ever tell you that it was 10:35:54 extremely expensive to move his equipment out of his 10 space and that's why he wanted to move, to relocate and 11 have an option to purchase? 12 No. 13 How long did your meeting with Mr. Benik 10 36:14 14 last? 15 I don't remember. 16 Short? 10 36:17 17 I would hazard a guess at maybe half an 18 hour. 19 Do you know if Mr. Benik had seen the space on 10: 36:25 20 Contractors Drive prior to your meeting? 21 A I don't know. 22 Q Did you -- when you left the meeting were 10 36:33 23 there any follow-up items that you needed to do? For 24 example, show him the space? 25 A You know, I really don't recall that. I know Page 28 Veritext Legal Solutions 866 299-5127 th had to formulate a document for them if they wanted to go forward but I know that -- well I don't know, but I'm assuming that Mr. Benik and Mr. Bringgold continued their talks. Q Were you under the impression that 10:37:09 Mr. Bringgold and Mr. Benik had spoken prior to your meeting? A No. Q Okay. Did you mai tain a file for this 10:37:18 10 property while you worked aa The Group? 11 No. 12 Was that your practice, not to have a file 10:37:26 13 relating to the property you were working on? 14 Number one, I did a contract, as I said 15 before. I keep those contracts in my computer. In 16 fact, I think you have a copy of 17 Q Well a+ okay. 10:37:45 18 So is your -- is the contract your file? 19 Yes. 20 Q What -- which contract are you referring to? 10:37:53 21 A The first contract, other than where it says 22 "Lease No. on and then the different date. 23 Q Well, are you referring to -- what you're 10:38:02 24 referring to a contract is -- are you -- are you 25 actually referring to a lease? Page 29 Veritext Legal Solutions 866 299-5127 No. Why not? 10:45:21 A I didn't tell him. Q Why did you not tell him you were preparing 10:45:23 the lease? A Because Mr. Bringgold had hired him for quite a time to work on the building and produce tenants, and Frank did not. And so he didn't want Frank Ross to get any more money out of my commission, and -- until I got 10 my broker's license. That's when I could actually sign 11 the lease under my own company. 12 Q Okay. At that poi t you didn't have a+ you 10:46:06 13 did not have a separate listing agreement with 14 Mr. Bringgold or the LLC, correct? 15 A Correct. 16 Q All right. And -- and you did not indicate 10:46:16 17 the brokerage relationship on the actual lease itself 18 correct? 19 A Correct. 20 Q All right. So you prepared it, but it appears 10:46:25 21 that it was negotiated -- or prepared between the 22 parties, correct? 23 A Correct. 24 Q Okay. And, in fact, you were representing the 10:46:34 25 parties in the transaction, correct? Page 35 Veritext Legal Solutions 866 299-5127 No. You were not? 10 46 44 No. So who -- were you -- were you representing 10 46 47 anyone in that transaction? A No. I did it as a favor. To who? 10 46 56 Mr. Bringgold and Erik. Q Well, who gave you the terms? 10 47 0s 10 A It was discussed between Erik and Richard 11 Bringgold. 12 Q Did you, in fact, get a commission for that 10 47 19 13 lease? 14 A After I got my broker's license and it was 15 finaled. 16 Q Okay. When what was finaled, your broker's 10:47:32 17 license or the lease? 18 A Well, both. 19 Q Okay. 10:47:42 20 A I wouldn't have gotten paid if I didn't have a 21 broker's license. I would have had to be under a 22 broker. 23 Q Okay. I mean, you understood that because 10:47:50 24 tha 's the Department of Real Estate's regulations, 25 correct? Page 36 Veritext Legal Solutions 866 299-5127 A Correct. Q Okay. And so, although you weren't paid, you 10:47:58 were preparing the lease as directed by Mr. Bringgold and Mr. Benik, correct? A Correct. All right. And the fact that you were not 10:48:19 g ng paid, did that all effect, in your mind, your understanding of any obligations you may owe to Mr. Bringgold or Mr. Benik in connection with the 10 lease? 11 A There -- everybody is always owed a good 12 contract. There -- there was nothing misunderstood in 13 the contract at all as far as I was concerned. 14 Q Did you believe it represented the parties 10:48:56 15 agreement as they provided it to you? 16 A I felt that it did; however I also mentioned, 17 at the first meeting, that everyone should take that to 18 either another Realtor or an attorney for review. 19 Q Well, if they went to another Realtor the -- 10:49:17 20 the other Realtor would have been entitled to a 21 commission, correct? 22 A Correct. 23 Q And, in fact, they would have been entitled to 10:49:24 24 the whole commission because you were not entitled to a 25 commission at that point. Page 37 Veritext Legal Solutions 866 299-5127 landlord and the tenant, correct? A Correct. Q And, again, in these December 3rd leases a+ I 11 25 believe it's Exhibit 3. Does he have an Exhibit 6? I can't -- I can't recall. THE WITNESS: 6? MR. FINCH: We don't have an Exhibit 6. MR. GONZALEZ: Is it 5? 10 THE WITNESS: 4 11 BY MR. GONZALEZ: Q Sorry. It was Exhibit 6 12 to Mr. Bringgold's deposition. 13 So, in Exhibits 3 and 4ay you're representing, 14 again, without compensation, Mr. Bringgold and 15 Mr. Benik, correct? 16 A I'm not representing anyone. 17 Q You weren't representing anyone in either one 11 56 00 18 of these leases? 19 A Correct. 20 Q Okay. Yet you were taking direction from them 11: 56: 04 21 and prepared a lease for them, correct? 22 Correct. 23 Okay. That a+ that's -- that's your position, 11 56 11 24 right? 25 Correct. Page 73 Veritext Legal Solutions 866 299-5127 Q Okay. In the lease terms on Exhibit 4, you 11:56:13 had indicated that Mr. Benik had potentially wanted additional space. Is -- is that your recollection as to why the base rate increased? A If you look on 1.2(a -- Q Okay. 11:56:39 A -- it indicates th instead of 44,000 square feet, he now has 52,007 square feet of office and warehouse. 10 Q Okay. So, at this point, you don't know 11:56:51 11 whether he took more space or i -£ he had a subtenant at 12 that point, correct? 13 A If I recall correctly, he had additional 14 tenants that he needed to sublease to, and that square 15 footage was included in this lease. 16 Q Okay. Who -- who provided the base lease 11:57:22 17 amount to you? 18 That would have been between Richard and 19 Erik. 20 Likewise for the figures in Paragraph 1.7? 11 57:41 21 Yes. 22 Q Did you have any part in calculating any of 11: 57:50 23 those £ fi gures? 24 A Again, it would be the same answer as I gave 25 you on Item 3. It a+ it was given to me and all I did Page 74 Veritext Legal Solutions 866 299-5127 was the formula. Q Okay. And the information that was given to 11:58:03 you was Mr. Bringgold had provided you -- you some information for common area expenses that you prorated? A Correct. Q The fact that you are not indicated on 11:58:20 Exhibit 44, does that indicate to you that you had not obtained your broker's license yet? 10 A I would assume that 11 Q The a+ if we can turn to the addendum that you 11:58:40 12 had pointed out previously as the last page of 13 Exhibit 44 14 Who prepared the language of the addendum? 15 A I did. 16 Q Who provided the actual verbiage used in 11 58:59 17 addendum? 18 A I did. 19 Q What direction was given to you by 11 59:10 20 Mr. Bringgold for the language that appears in the 21 addendum to Exhibit 4? 22 A Everybody has to look at this and approve it. 23 So I could have written it with nothing but numbers 24 directed at me. And if they didn't approve it, then I 25 would be asked to correct it and change something, and Page 75 Veritext Legal Solutions 866 299-5127 PENALTY OF PERJURY I, the undersigned, hereby certify that I have read the foregoing deposition, that I know the contents thereof, and I declare under penalty of perjury that the foregoing is true and correct and that there are: (check one) NO CORRECTIONS CORRECTIONS PER ATTACHED 10 Executed on the —_—__ day of —_— 11 2020, at _— —— , California. 12 13 14 KATHRYN EGAN 15 16 17 18 19 20 21 22 23 24 25 Page 194 Veritext Legal Solutions 866 299-5127 CERTIFICATE OF CERTIFIED SHORTHAND REPORTER I, MARY ANN WYLLIE, CSR No. 6304, a C