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20CV372731
Santa Clara — Civil
V. Castaneda
Electronically Filed
BRIGHTWORK LAW by Superior Court of CA,
BRIAR HORN (SBN 330215)
County of Santa Clara,
JAMIN HORN (SBN 289256)
on 10/27/2021 1:21 PM
74 Woodland Rd.
Reviewed By: V. Castaneda
Fairfax, CA 94930 Case #20CV372731
Phone: (415) 827-1960 Envelope: 7549154
Fax: (833) 924-0369
Email: briar@brightworklaw.com
Attorneys for Plaintiffs
ANGELO ASARO and ANTHONY ASARO
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
10
UNLIMITED CIVIL
ll
12
13 ANGELO ASARO, ANTHONY ASARO, | Case No.: 20CV372731
14 Plaintiffs,
15 MOTION FOR REMOVAL AND
VS.
REPLACEMNT OF LORNA J.
16 DROPE, GUARDIAN AD LITEM FOR
MICHAEL AUGUSTINE, and DOES 1 TO}
ATHONY ASARO
17 25,
18 Defendants. Date: TuestayFhrorsday-FBB)- 1-13-2022
Time: 9:00 AM
19 Dept: 2, Hon. Judge Drew Takaichi
20
21 Plaintiff ANGELO ASARO, and plaintiff's counsel BRIAR HORN and JAMIN HORN,
22 hereby motion this Court for: (i) the immediate removal of LORNA J. DROPE, ESQ., guardian
ad litem (“GAL”) for plaintiff ANTHONY ASARO, pursuant to this Court’s inherent powers;
23
(ii) denial of GAL fees and expenses billed by Ms. Drope for her purported services; (iii) for
24
this Court to appoint a replacement GAL for ANTHONY ASARO of this Courts choosing.
25
This motion is brought on the basis that LORNA J. DROPE, ESQ. has failed to fulfill her|
26
GAL duties and taken action inimical to the interests of ANTHONY ASARO (hereafter
27
“Anthony”), including:
28
MOTION FOR REMOVAL AND REPLACEMNT OF LORNA J. DROPE, GUARDIAN AD LITEM FOR
ATHONY ASARO
(i) Ms. Drope and her counsel, James Cilley, Esq., have failed to perform even the
most cursory review of the documents at issue in Anthony’s case, including most
importantly the Third, Fourth, and Fifth Amendment and/or restatement of Trust,
and the declaration of Sam Asaro filed in opposition to attachment of real
property (which would have made clear that divulging sensitive information to
Sam Asaro stood a high probability of causing irreparably harming Anthony’s
case);
(ii) Ms. Drope has repeatedly demonstrated inexcusably delay in responding to
counsels pressing pleas for guidance regarding Anthony’s case. To date, Ms.
Drope, despite having been appointed since June 1, 2021 and having received
10 numerous communications from Plaintiff's counsel, has failed provided any
ll guidance whatsoever regarding Anthony’s case;
12 (iii) Ms. Drope has focused her entire efforts as GAL on repeatedly raising the
13
nebulous and non-meritorious claim that Anthony and Angelo (two disinherited
brothers) somehow have adverse interest to one another regarding recapturing
14
their stolen birthright from Defendant Augustine and that this would categorically
15
precludes BrightWork Law from continuing its successful representation of
16
Anthony;
17
(iv) Ms. Drope has hired law firm Temmerman, Cilley & Kohlman LLP to represent
18 her in her “capacity as guardian ad litem,” said firm also failing to undertake even
19 the most cursory review of the documents or provide any guidance regarding
20 Anthony’s case other than to stop all work;
21 (vy) Ms. Drope now refuses to communicate directly with plaintiffs’ counsel, directing}
22 all communication to her attorney, Mr. Cilley — who provides no guidance
responsive to Plaintiff's counsels repeated requests for Ms. Drope’s strategic
23
guidance on pressing case matters;
24
(vi) Ms. Drope has failed to respond to counsel’s request for a meeting with Anthony
25
and is believed to have never met with Anthony;
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(vii) Ms. Drope has begun actively sabotaging Anthony’s case, informing Sam Asaro,
27 and therefore Defendant Augustine, of her adversity/conflict theories; a blunder
28 that served absolutely no strategic purpose whatsoever and irreparably harmed
MOTION FOR REMOVAL AND REPLACEMNT OF LORNA J. DROPE, GUARDIAN AD LITEM FOR
ATHONY ASARO
Anthony’s case (as evidenced by Sam Asaro’s recent purported firing of
BrightWork Law Anthony’s hand-written letter, evidencing that Ms. Drope’s
blunder has again made Anthony a target of undue influence and coercion).
(viii) Ms. Drope has now demanded that BrightWork Law cease taking any action to
further Anthony’s interests in this case, and this demand was made when Ms.
Drope had been informed of: (i) the possible need to file a time barred motion to
ompel, (ii) substantial pending third party discovery;
(ix) The timing and content of Ms. Drope and Sam Asaro’s communications indicate
that Ms. Drope and Sam Asaro are working in a concerted effort to fire
BrightWork Law in violation of this Courts instructions;
10 (x) Ms. Drope appears to have undertaken the above course of action with the goal of|
ll using her position as Anthony’s GAL to hire herselfas Anthony’s counsel. Ms.
12 Drope’s attempts to effectuate this direct conflict lays bare her true motivation is
13
to reap the reward of Anthony’s exceptionally strong and highly developed multi-
million-dollar case at the expense of both Anthony and BrightWork Law.
14
15 This motion is supported by the concurrently filed supporting memorandum of points
16 and authorities, and the declarations of Briar Horn, Esq., Jamin Horn, Esq. and Angelo Asaro;
evidence taken at the hearing on this motion, and argument at that hearing, and on all papers
1
filed and records in this action.
18
1
Respectfully submitted this 27th day of October 2021.
20
21 BRIGHTWORK LAW
22
23
24
Briar Horn, Att ey for ANTHONY
25
ASARO and ANGELO ASARO
26
27
28
MOTION FOR REMOVAL AND REPLACEMNT OF LORNA J. DROPE, GUARDIAN AD LITEM FOR
ATHONY ASARO
Preview
20CV372731 Santa Clara — Civil V. Castaneda Electronically Filed BRIGHTWORK LAW by Superior Court of CA, BRIAR HORN (SBN 330215) County of Santa Clara, JAMIN HORN (SBN 289256) on 10/27/2021 1:21 PM 74 Woodland Rd. Reviewed By: V. Castaneda Fairfax, CA 94930 Case #20CV372731 Phone: (415) 827-1960 Envelope: 7549154 Fax: (833) 924-0369 Email: briar@brightworklaw.com Attorneys for Plaintiffs ANGELO ASARO and ANTHONY ASARO SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA 10 UNLIMITED CIVIL ll 12 13 ANGELO ASARO, ANTHONY ASARO, | Case No.: 20CV372731 14 Plaintiffs, 15 MOTION FOR REMOVAL AND VS. REPLACEMNT OF LORNA J. 16 DROPE, GUARDIAN AD LITEM FOR MICHAEL AUGUSTINE, and DOES 1 TO} ATHONY ASARO 17 25, 18 Defendants. Date: TuestayFhrorsday-FBB)- 1-13-2022 Time: 9:00 AM 19 Dept: 2, Hon. Judge Drew Takaichi 20 21 Plaintiff ANGELO ASARO, and plaintiff's counsel BRIAR HORN and JAMIN HORN, 22 hereby motion this Court for: (i) the immediate removal of LORNA J. DROPE, ESQ., guardian ad litem (“GAL”) for plaintiff ANTHONY ASARO, pursuant to this Court’s inherent powers; 23 (ii) denial of GAL fees and expenses billed by Ms. Drope for her purported services; (iii) for 24 this Court to appoint a replacement GAL for ANTHONY ASARO of this Courts choosing. 25 This motion is brought on the basis that LORNA J. DROPE, ESQ. has failed to fulfill her| 26 GAL duties and taken action inimical to the interests of ANTHONY ASARO (hereafter 27 “Anthony”), including: 28 MOTION FOR REMOVAL AND REPLACEMNT OF LORNA J. DROPE, GUARDIAN AD LITEM FOR ATHONY ASARO (i) Ms. Drope and her counsel, James Cilley, Esq., have failed to perform even the most cursory review of the documents at issue in Anthony’s case, including most importantly the Third, Fourth, and Fifth Amendment and/or restatement of Trust, and the declaration of Sam Asaro filed in opposition to attachment of real property (which would have made clear that divulging sensitive information to Sam Asaro stood a high probability of causing irreparably harming Anthony’s case); (ii) Ms. Drope has repeatedly demonstrated inexcusably delay in responding to counsels pressing pleas for guidance regarding Anthony’s case. To date, Ms. Drope, despite having been appointed since June 1, 2021 and having received 10 numerous communications from Plaintiff's counsel, has failed provided any ll guidance whatsoever regarding Anthony’s case; 12 (iii) Ms. Drope has focused her entire efforts as GAL on repeatedly raising the 13 nebulous and non-meritorious claim that Anthony and Angelo (two disinherited brothers) somehow have adverse interest to one another regarding recapturing 14 their stolen birthright from Defendant Augustine and that this would categorically 15 precludes BrightWork Law from continuing its successful representation of 16 Anthony; 17 (iv) Ms. Drope has hired law firm Temmerman, Cilley & Kohlman LLP to represent 18 her in her “capacity as guardian ad litem,” said firm also failing to undertake even 19 the most cursory review of the documents or provide any guidance regarding 20 Anthony’s case other than to stop all work; 21 (vy) Ms. Drope now refuses to communicate directly with plaintiffs’ counsel, directing} 22 all communication to her attorney, Mr. Cilley — who provides no guidance responsive to Plaintiff's counsels repeated requests for Ms. Drope’s strategic 23 guidance on pressing case matters; 24 (vi) Ms. Drope has failed to respond to counsel’s request for a meeting with Anthony 25 and is believed to have never met with Anthony; 26 (vii) Ms. Drope has begun actively sabotaging Anthony’s case, informing Sam Asaro, 27 and therefore Defendant Augustine, of her adversity/conflict theories; a blunder 28 that served absolutely no strategic purpose whatsoever and irreparably harmed MOTION FOR REMOVAL AND REPLACEMNT OF LORNA J. DROPE, GUARDIAN AD LITEM FOR ATHONY ASARO Anthony’s case (as evidenced by Sam Asaro’s recent purported firing of BrightWork Law Anthony’s hand-written letter, evidencing that Ms. Drope’s blunder has again made Anthony a target of undue influence and coercion). (viii) Ms. Drope has now demanded that BrightWork Law cease taking any action to further Anthony’s interests in this case, and this demand was made when Ms. Drope had been informed of: (i) the possible need to file a time barred motion to ompel, (ii) substantial pending third party discovery; (ix) The timing and content of Ms. Drope and Sam Asaro’s communications indicate that Ms. Drope and Sam Asaro are working in a concerted effort to fire BrightWork Law in violation of this Courts instructions; 10 (x) Ms. Drope appears to have undertaken the above course of action with the goal of| ll using her position as Anthony’s GAL to hire herselfas Anthony’s counsel. Ms. 12 Drope’s attempts to effectuate this direct conflict lays bare her true motivation is 13 to reap the reward of Anthony’s exceptionally strong and highly developed multi- million-dollar case at the expense of both Anthony and BrightWork Law. 14 15 This motion is supported by the concurrently filed supporting memorandum of points 16 and authorities, and the declarations of Briar Horn, Esq., Jamin Horn, Esq. and Angelo Asaro; evidence taken at the hearing on this motion, and argument at that hearing, and on all papers 1 filed and records in this action. 18 1 Respectfully submitted this 27th day of October 2021. 20 21 BRIGHTWORK LAW 22 23 24 Briar Horn, Att ey for ANTHONY 25 ASARO and ANGELO ASARO 26 27 28 MOTION FOR REMOVAL AND REPLACEMNT OF LORNA J. DROPE, GUARDIAN AD LITEM FOR ATHONY ASARO