On February 03, 2017 a
Party Statement
was filed
involving a dispute between
Capital Equity Management Group Inc,
and
Brenda Gillum,
Carter, Mary Rose,
Carter, William Keith,
Castleberry, George,
Castleberry, Richard,
Clements, Jamee Lynn,
Clements, Rick,
George Castleberry,
Gillum, Brenda,
Jamee Lynn Clements,
Kenneth A Swanger,
Mark Tillotson,
Mary Rose Carter,
Norcal Redevelopment Corp,
Northcutt, Richard,
Northern California Investments Lp,
Richard Castleberry,
Richard Northcutt,
Rick Clements,
Steven A Swanger,
Swan Construction,
Swanger, Kenneth A,
Swanger Properties Llc,
Swanger, Steven A,
Swan Investments Inc,
Tillotson, Mark,
William Keith Carter,
for Fraud: Unlimited
in the District Court of Stanislaus County.
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6407-l7l38
l GERALD E. BRUNN, SBN 107004
MAHANVIR s. SAHOTA, SBN 245501
2 LAW OFFICES 0F BRUNN & FLYNN
E: E L ED
A Professional Corporation
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3 928 ~ 12th Street, Suite 200 f I_
A m 5:3
vglUH‘JUN S ‘
Modesto, CA 95354
4 Telephone: (209) 52 1 '21 33 CL n: m: supaaioacoum
Facsimile: 521-7584 Sf‘AHISL'AUS
”Cfllé'a'ifffi‘i’
(209)
5 av ,.
EPUT—Y’
6 Attorneys for Defendant, MARK TILLOTSON
7
8 ‘
SUPERIOR COURT 0F THE STATE 0F CALIFORNIA
9
COUNTY OF STANISLAUS
10
C WA 0 l1 l
5y); I
1l CAPITOL EQUITY MANAGEMENT GROUP, Case N0. 20235 I9 fi
INC.
1'2
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Plaintiff, DECLARATION 0F MAHANVIR S.
l3 SAHOTA RE: ATTEMPT T0 MEET
VS. AND CONFER REGARDING
l4 DEMURRER [CCP § 430.41]
STEVEN A. SWANGER; KENNETH A.
l5 SWANGER; BRENDA GILLUM; RICK
CLEMENTS; SWAN CONSTRUCTION;
l6 SWAN INVESTMENTS, INC; SWANGER
PROPERTIES, LLC; NORTHERN -
l7 CALIFORNIA INVESTMENTS, L.P.;
NORCAL REDEVELOPMENT CORR; .
1 8 RICHARD CASTLEBERRY; GEORGE "‘
CASTLEBERRY; JAMIE LYNN CLEMENTS;
1 9 MARY ROSE CARTER; WILLIAM KEITH
CARTER; MARK TILLOTSON; RICHARD
20 NORTHCUT and DOES 1TO 100, inclusive,
21 Defendants.
22
23 I, Mahanvir S. Sahota, declare as follows:
24 am a'n attorney duly licensed t0 practice before the
1. I all cogns in the State OfCalifornia,
25 and an associate at the Law Offices of Brunn & Flynn, attoy'ney 0f record fdr defendant MARK
26 TILLOTSON. The matters attested to herein are based upén my per‘sonal knowledge, and if called upon,
27 I could and would testify competently as t0 their veracity.
28 1
DECLARATION 0F MAHANVIR S. SAHOTA RE: ATTEMPT TO MEET AND CONFER
REGARDING DEMURRER [CCP § 430.41]
’K
pay-
640747138
2. Iwas out 0fthe country between May l, 2017 and May 18, 201 7.
3. My office received a copy ofplaintiff’s FIRST AMENDED COMPLAINT 0n May 10,
2017. However, because I was out of the country, I have not had an opportunity to meet and confer with
plaintiffs’ counsel as required by Code 0f Civil Procedure Section 430.41.
4. I intend 10 meet and confer with plaintiff‘s counsel regarding potential demurrers t0 the
FIRST AMENDED COMPLAINT as the pleading is deficient and lacks specificity as to the fraud
charges against defendant TILLOTSON.
I declare under penalty 0f perjury under the laws of the State of California that the foregoing is
true and correct.
10 Executed 0n June 5, 2017, a1 Modesto, California.
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l3 M ANVIR S. SAI-IOTA, ESQ.
tomey for Defendant
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redcmurrers
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DECLARATION OF MAHANVIR S. SAHOTA RE: ATTEMPT TO MEET AND CONFER
REGARDING DEMURRER ICCP § 430.41]
Ir’
£4 ‘x
PROOF 0F SERVICE
(C.C.P. §§1013a, 2015.5)
STATE OF CALIFORNIA }
COUNTY OF STANISLAUS }
ICINDY SMITH, declare that:
I am employed in the County of Stanislaus, California. I am over the age 0f eighteen (I 8)years and
not a party to the within action. My business address is 928 12th Street, Suite 200, Modesto, California, 95354.
On June 5, 201 7, I served the following document(s):
DECLARATION OF MAHANVIR S. SAHOTA RE: ATTEMPT T0 MEET AND CONFER
REGARDING DEMURRER [CCP § 430.41]
by placing a true and correct copy thereof enclosed in a sealed envelope and served in the manner and/or
manners described below t0 each 0f the party(ies) addressed below:
10 Michael J. Dyer
Dustin J. Dyer
ll DYER LAW FIRM
5250 Claremont Ave., Ste. 119
12 Stockton, CA 95207
(209) 4728668
l3 (209) 472-3675 — Fax
ddyer®dyerlawfinmc0m
l4
Bradley A. Benbrook
15 Stephen M. Duvemay
BENBROOK LAW GROUP, PC
16 400 Capitol Mall, Suite 2530
Sacramento, CA 95814
l7 (916) 447-4900
(916) 447-4904 - Fax
18 brad@benbrooklawgroup.com
l9 William Parish
PARISH, GUY & CASTILLO
20 1919 Grand Canal Blvd., Ste. A5
Stockton, CA 95207
21
22 XXX BY MAIL: U.S. Postal Service by placing such envelope(s) with postage thereon fully prepaid
in the designated area for outgoing mail in accordance with this office’s practice, whereby the
23 mail is deposited in a U.S. Mailbox in the City of Modesto, California after the close 0f the
day’s business.
24
BY HAND DELIVERY: I caused said envelope(s) t0 be delivered by hand to the
addressee(s) designated.
25
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BY OVERNIGHT COURIER SERVICE: Icaused said envelope(s) to be delivered via
overnight courier service to the addressee(s) designated.
27 BY FACSIMILE: I caused said document(s) t0 be transmitted t0 the telephone number(s)
of the addressee(s) designated above.
28
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PROOF OF SERVICE
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BY ELECTRONIC MAIL: I caused said document(s) t0 be transmitted electronically to
the addressee(s) designated above.
Ideclare under penaity 0f perjury under the laws of‘the State 0f California that the foregoing istrue
and correct.
Executed on June 5, 201 7 at Modesto, California.
CINDY S
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PROOF OF SERVICE
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m” 5} err, t Wow. ” ‘ ‘ ' A ?DL/ 6407-l7l38 l GERALD E. BRUNN, SBN 107004 MAHANVIR s. SAHOTA, SBN 245501 2 LAW OFFICES 0F BRUNN & FLYNN E: E L ED A Professional Corporation w 3 928 ~ 12th Street, Suite 200 f I_ A m 5:3 vglUH‘JUN S ‘ Modesto, CA 95354 4 Telephone: (209) 52 1 '21 33 CL n: m: supaaioacoum Facsimile: 521-7584 Sf‘AHISL'AUS ”Cfllé'a'ifffi‘i’ (209) 5 av ,. EPUT—Y’ 6 Attorneys for Defendant, MARK TILLOTSON 7 8 ‘ SUPERIOR COURT 0F THE STATE 0F CALIFORNIA 9 COUNTY OF STANISLAUS 10 C WA 0 l1 l 5y); I 1l CAPITOL EQUITY MANAGEMENT GROUP, Case N0. 20235 I9 fi INC. 1'2 l Plaintiff, DECLARATION 0F MAHANVIR S. l3 SAHOTA RE: ATTEMPT T0 MEET VS. AND CONFER REGARDING l4 DEMURRER [CCP § 430.41] STEVEN A. SWANGER; KENNETH A. l5 SWANGER; BRENDA GILLUM; RICK CLEMENTS; SWAN CONSTRUCTION; l6 SWAN INVESTMENTS, INC; SWANGER PROPERTIES, LLC; NORTHERN - l7 CALIFORNIA INVESTMENTS, L.P.; NORCAL REDEVELOPMENT CORR; . 1 8 RICHARD CASTLEBERRY; GEORGE "‘ CASTLEBERRY; JAMIE LYNN CLEMENTS; 1 9 MARY ROSE CARTER; WILLIAM KEITH CARTER; MARK TILLOTSON; RICHARD 20 NORTHCUT and DOES 1TO 100, inclusive, 21 Defendants. 22 23 I, Mahanvir S. Sahota, declare as follows: 24 am a'n attorney duly licensed t0 practice before the 1. I all cogns in the State OfCalifornia, 25 and an associate at the Law Offices of Brunn & Flynn, attoy'ney 0f record fdr defendant MARK 26 TILLOTSON. The matters attested to herein are based upén my per‘sonal knowledge, and if called upon, 27 I could and would testify competently as t0 their veracity. 28 1 DECLARATION 0F MAHANVIR S. SAHOTA RE: ATTEMPT TO MEET AND CONFER REGARDING DEMURRER [CCP § 430.41] ’K pay- 640747138 2. Iwas out 0fthe country between May l, 2017 and May 18, 201 7. 3. My office received a copy ofplaintiff’s FIRST AMENDED COMPLAINT 0n May 10, 2017. However, because I was out of the country, I have not had an opportunity to meet and confer with plaintiffs’ counsel as required by Code 0f Civil Procedure Section 430.41. 4. I intend 10 meet and confer with plaintiff‘s counsel regarding potential demurrers t0 the FIRST AMENDED COMPLAINT as the pleading is deficient and lacks specificity as to the fraud charges against defendant TILLOTSON. I declare under penalty 0f perjury under the laws of the State of California that the foregoing is true and correct. 10 Executed 0n June 5, 2017, a1 Modesto, California. ll 12 l3 M ANVIR S. SAI-IOTA, ESQ. tomey for Defendant 14 15 '16 17 18 l9 20 Kinocs\CASES\6407-l7138\plcandings\dec redcmurrers loFAC 21 22 23 24 25 26 27 28 2 DECLARATION OF MAHANVIR S. SAHOTA RE: ATTEMPT TO MEET AND CONFER REGARDING DEMURRER ICCP § 430.41] Ir’ £4 ‘x PROOF 0F SERVICE (C.C.P. §§1013a, 2015.5) STATE OF CALIFORNIA } COUNTY OF STANISLAUS } ICINDY SMITH, declare that: I am employed in the County of Stanislaus, California. I am over the age 0f eighteen (I 8)years and not a party to the within action. My business address is 928 12th Street, Suite 200, Modesto, California, 95354. On June 5, 201 7, I served the following document(s): DECLARATION OF MAHANVIR S. SAHOTA RE: ATTEMPT T0 MEET AND CONFER REGARDING DEMURRER [CCP § 430.41] by placing a true and correct copy thereof enclosed in a sealed envelope and served in the manner and/or manners described below t0 each 0f the party(ies) addressed below: 10 Michael J. Dyer Dustin J. Dyer ll DYER LAW FIRM 5250 Claremont Ave., Ste. 119 12 Stockton, CA 95207 (209) 4728668 l3 (209) 472-3675 — Fax ddyer®dyerlawfinmc0m l4 Bradley A. Benbrook 15 Stephen M. Duvemay BENBROOK LAW GROUP, PC 16 400 Capitol Mall, Suite 2530 Sacramento, CA 95814 l7 (916) 447-4900 (916) 447-4904 - Fax 18 brad@benbrooklawgroup.com l9 William Parish PARISH, GUY & CASTILLO 20 1919 Grand Canal Blvd., Ste. A5 Stockton, CA 95207 21 22 XXX BY MAIL: U.S. Postal Service by placing such envelope(s) with postage thereon fully prepaid in the designated area for outgoing mail in accordance with this office’s practice, whereby the 23 mail is deposited in a U.S. Mailbox in the City of Modesto, California after the close 0f the day’s business. 24 BY HAND DELIVERY: I caused said envelope(s) t0 be delivered by hand to the addressee(s) designated. 25 26 BY OVERNIGHT COURIER SERVICE: Icaused said envelope(s) to be delivered via overnight courier service to the addressee(s) designated. 27 BY FACSIMILE: I caused said document(s) t0 be transmitted t0 the telephone number(s) of the addressee(s) designated above. 28 I PROOF OF SERVICE l1 BY ELECTRONIC MAIL: I caused said document(s) t0 be transmitted electronically to the addressee(s) designated above. Ideclare under penaity 0f perjury under the laws of‘the State 0f California that the foregoing istrue and correct. Executed on June 5, 201 7 at Modesto, California. CINDY S w 10 ll 12 13 l4 15 l6 l7 18 l9 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE