Preview
1 Bryan L. Saalfeld - 243331
BSaalfeld@mpbf.com
2 Thomas F. Mazzucco - 306681
TFMazzucco@mpbf.com
3 MURPHY, PEARSON, BRADLEY & FEENEY
580 California Street, Suite 1100
4 San Francisco, CA 94104-1001
Telephone: (415) 788-1900
5 Facsimile: (415) 393-8087
6 Attorneys for Defendant
FP TRANSITIONS, LLC
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF MONTEREY
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INDEPENDENT FINANCIAL GROUP, LLC, Case No.: 21CV001264
12 on its own behalf and as assignee of Adolfo
Artalejo; Rod Belton and Nancy Belton; James DEFENDANT FP TRANSITIONS, LLC'S
13 Cornelius and June Cornelius; John Favero and RESPONSE TO COURT’S ORDER TO
Philayna Favero; Ray Moncada and Vinnie SHOW CAUSE DATED NOVEMBER 2,
14 Moncada; Sheryl Peck; Juanita Stoddard; Ron 2021
Taylor and Hazel Taylor; Jane Beery; Joy
15 Chandler; John Day; Sim Granoff and Virginia
Lott; Gretchen Jackson; William Miller and
16 Sharon Miller; Darryl Prudden; Carolyn Rice; Date: January 11, 2022
John Romero and Sandy Romero; Bennie Hill Time: 9:00 a.m.
17 and Lynda Hill; Ellen Koskinen; George Lynch Dept.: 14
and Helen Lynch; Mathew Panziera and Jamie
18 Panziera; and Tom Sgheiza and Mary Sgheiza,, Complaint Filed: April 15, 2021
Trial Date: None Set
19 Plaintiff,
20 v.
21 FP TRANSITIONS, LLC and DOES 1-50,
INCLUSIVE,
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Defendants.
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25 Defendant FP Transitions, LLC submits this response to the Court’s Order to Show Cause dated
26 November 2, 2021. Defendant’s counsel apologizes to the Court for failing to appear at the Case
27 Management Conference on November 2, 2021. Although Plaintiff’s counsel served the Notice of
28 Resetting Hearing on Defendant, it was served along with both the original Complaint and First
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DEFENDANT FP TRANSITIONS LLC'S RESPONSE TO ORDER TO SHOW CAUSE
1 Amended Complaint among other documents. In Defendant’s counsel’s rush of demurring to Plaintiffs’
2 First Amended Complaint on October 19, 2021, an internal calendaring error led to the Case
3 Management Conference not being calendared properly.
4 Defendant’s counsel has amended its calendaring process in confirming calendaring so that we
5 do not encounter this problem again. Defendant’s counsel is ready appear at the upcoming January 11,
6 2022 Conference, and has a Motion to Strike and Demurrer to the Plaintiff’s Second Amended Complaint
7 now set for March 11, 2022. Defendant’s counsel again apologizes to the Court for that mistake and
8 asks that sanctions not be imposed due to Defendant’s counsel’s mistake.
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10 DATED: January 4, 2022
MURPHY, PEARSON, BRADLEY & FEENEY
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By
13 Bryan L.P. Saalfeld
Thomas F. Mazzucco
14 Attorneys for Defendant
FP TRANSITIONS, LLC
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16 TFM.4162812.docx
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DEFENDANT FP TRANSITIONS LLC'S RESPONSE TO ORDER TO SHOW CAUSE
1 CERTIFICATE OF SERVICE
2 I, Linda J. Currid, declare:
3 I am a citizen of the United States, am over the age of eighteen years, and am not a party to or
4 interested in the within entitled cause. My business address is 580 California Street, Suite 1100, San
5 Francisco, California 94104.
6 On January 4, 2022, I served the following document(s) on the parties in the within action:
7 DEFENDANT FP TRANSITIONS, LLC'S RESPONSE TO COURT’S ORDER TO SHOW
CAUSE DATED NOVEMBER 2, 2021
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9 VIA E-MAIL: I attached the above-described document(s) to an e-mail message, and
invoked the send command to transmit the e-mail message to the person(s) at the e-mail
10 address(es) listed below. My email address is lcurrid@mpbf.com.
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Rick Smith Attorney For Plaintiff
12 Markun Zusman Freniere & Compton LLP INDEPENDENT FINANCIAL GROUP,
465 California Street, Suite 401 LLC, ET AL.
13 San Francisco, CA 94104
E-mail: rsmith@mzclaw.com
14 Phone: (415) 438-4388
Fax: (415) 434-4505
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I declare under penalty of perjury under the laws of the State of California that the foregoing is
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a true and correct statement and that this Certificate was executed on January 4, 2022.
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18 By
Linda J. Currid
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DEFENDANT FP TRANSITIONS LLC'S RESPONSE TO ORDER TO SHOW CAUSE
Preview
1 Bryan L. Saalfeld - 243331 BSaalfeld@mpbf.com 2 Thomas F. Mazzucco - 306681 TFMazzucco@mpbf.com 3 MURPHY, PEARSON, BRADLEY & FEENEY 580 California Street, Suite 1100 4 San Francisco, CA 94104-1001 Telephone: (415) 788-1900 5 Facsimile: (415) 393-8087 6 Attorneys for Defendant FP TRANSITIONS, LLC 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF MONTEREY 10 11 INDEPENDENT FINANCIAL GROUP, LLC, Case No.: 21CV001264 12 on its own behalf and as assignee of Adolfo Artalejo; Rod Belton and Nancy Belton; James DEFENDANT FP TRANSITIONS, LLC'S 13 Cornelius and June Cornelius; John Favero and RESPONSE TO COURT’S ORDER TO Philayna Favero; Ray Moncada and Vinnie SHOW CAUSE DATED NOVEMBER 2, 14 Moncada; Sheryl Peck; Juanita Stoddard; Ron 2021 Taylor and Hazel Taylor; Jane Beery; Joy 15 Chandler; John Day; Sim Granoff and Virginia Lott; Gretchen Jackson; William Miller and 16 Sharon Miller; Darryl Prudden; Carolyn Rice; Date: January 11, 2022 John Romero and Sandy Romero; Bennie Hill Time: 9:00 a.m. 17 and Lynda Hill; Ellen Koskinen; George Lynch Dept.: 14 and Helen Lynch; Mathew Panziera and Jamie 18 Panziera; and Tom Sgheiza and Mary Sgheiza,, Complaint Filed: April 15, 2021 Trial Date: None Set 19 Plaintiff, 20 v. 21 FP TRANSITIONS, LLC and DOES 1-50, INCLUSIVE, 22 Defendants. 23 24 25 Defendant FP Transitions, LLC submits this response to the Court’s Order to Show Cause dated 26 November 2, 2021. Defendant’s counsel apologizes to the Court for failing to appear at the Case 27 Management Conference on November 2, 2021. Although Plaintiff’s counsel served the Notice of 28 Resetting Hearing on Defendant, it was served along with both the original Complaint and First -1- DEFENDANT FP TRANSITIONS LLC'S RESPONSE TO ORDER TO SHOW CAUSE 1 Amended Complaint among other documents. In Defendant’s counsel’s rush of demurring to Plaintiffs’ 2 First Amended Complaint on October 19, 2021, an internal calendaring error led to the Case 3 Management Conference not being calendared properly. 4 Defendant’s counsel has amended its calendaring process in confirming calendaring so that we 5 do not encounter this problem again. Defendant’s counsel is ready appear at the upcoming January 11, 6 2022 Conference, and has a Motion to Strike and Demurrer to the Plaintiff’s Second Amended Complaint 7 now set for March 11, 2022. Defendant’s counsel again apologizes to the Court for that mistake and 8 asks that sanctions not be imposed due to Defendant’s counsel’s mistake. 9 10 DATED: January 4, 2022 MURPHY, PEARSON, BRADLEY & FEENEY 11 12 By 13 Bryan L.P. Saalfeld Thomas F. Mazzucco 14 Attorneys for Defendant FP TRANSITIONS, LLC 15 16 TFM.4162812.docx 17 18 19 20 21 22 23 24 25 26 27 28 -2- DEFENDANT FP TRANSITIONS LLC'S RESPONSE TO ORDER TO SHOW CAUSE 1 CERTIFICATE OF SERVICE 2 I, Linda J. Currid, declare: 3 I am a citizen of the United States, am over the age of eighteen years, and am not a party to or 4 interested in the within entitled cause. My business address is 580 California Street, Suite 1100, San 5 Francisco, California 94104. 6 On January 4, 2022, I served the following document(s) on the parties in the within action: 7 DEFENDANT FP TRANSITIONS, LLC'S RESPONSE TO COURT’S ORDER TO SHOW CAUSE DATED NOVEMBER 2, 2021 8 9 VIA E-MAIL: I attached the above-described document(s) to an e-mail message, and invoked the send command to transmit the e-mail message to the person(s) at the e-mail 10 address(es) listed below. My email address is lcurrid@mpbf.com. 11 Rick Smith Attorney For Plaintiff 12 Markun Zusman Freniere & Compton LLP INDEPENDENT FINANCIAL GROUP, 465 California Street, Suite 401 LLC, ET AL. 13 San Francisco, CA 94104 E-mail: rsmith@mzclaw.com 14 Phone: (415) 438-4388 Fax: (415) 434-4505 15 I declare under penalty of perjury under the laws of the State of California that the foregoing is 16 a true and correct statement and that this Certificate was executed on January 4, 2022. 17 18 By Linda J. Currid 19 20 21 22 23 24 25 26 27 28 -3- DEFENDANT FP TRANSITIONS LLC'S RESPONSE TO ORDER TO SHOW CAUSE