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C. Russell Georgeson, SBN 53589
Richard A. Belardinelli, SBN 065168
GEORGESON AND BELARDINELLI
7060 N. Fresno Street, Suite 250
Fresno, California 93720
Telephone: (559) 447-8800
Facsimile: (559) 447-0747 E-FILED
10/8/2019 3:26 PM
Justin T. Campagne, SBN 211825 Superior Court of California
Law Firm of Campagne & Campagne County of Fresno
A Professional Corporation By: J]. Nelson, Deputy
Airport Office Center
1685 N. Helm Avenue
Fresno, California 93727
Telephone: (559) 255-1637
Facsimile: (559) 252-9617
10
Attorneys for Plaintiff and Cross-Defendant, RICHARD BEST TRANSFER, INC. and Cross-
11 Defendant, CHARLES LITTLEFIELD
12
SUPERIOR COURT OF THE STATE OF CALIFORNIA
13
IN AND FOR THE COUNTY OF FRESNO
14
1S
RICHARD BEST TRANSFER, INC., A Case No.: 17CECG01022
16 California Corporation,
DECLARATION OF MICHAEL P.
17 Plaintiff, DOWLING IN OPPOSITION TO
vs. ARCHER DANIELS MIDLAND
18 COMPANY’S MOTION FOR
ARCHER DANIELS MIDLAND
MONETARY SANCTIONS,
19 COMPANY, A Delaware Corporation; i
NATASHA DUKES, an individual; TERMINATING SANCTIONS, AND
ISSUE SANCTIONS
20 SHAWN SAWA, an individual; AMBER M.
ROSE aka AMBER M, SAWA, an
21 individual; and DOES 1-25, inclusive, Date: October 22, 2019
Time: 3:30 p.m.
22 Dept.: 503
Defendants.
a)
23 )
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AND RELATED CROSS ACTION )
)
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I, Michael P, Dowling, declare as follows:
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1 Tam an attorney at law licensed to practice in the State of California. I am a partner
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of the law firm of Coleman & Horowitt, LLP, corporate counsel for Plaintiff and Cross-Defendant|
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Page 1
RICHARD BEST TRANSFER, INC, (hereinafter “RBT”) in the above captioned matter. I have
personal knowledge of the facts set forth in this declaration and if called as a witness, could and
would testify competently to such facts under oath.
2. Cross-Defendant RICHARD BEST is the sole current shareholder of RBT.
3. Cross-Defendant RICHARD BEST is the CEO, CFO, Secretary, and one of the two
Directors of RBT. A true and correct copy of RBT’s Statement of Information filed February 5.
2019 is attached hereto as Exhibit 1, and incorporated herein.
4 Previous shareholders of RBT have included Richard I. Best and Lucille Best.
10 5 RBT is authorized to issue only one class of stocl. A true and correct copy of RBT’s
i Articles of Incorporation filed December 17, 2003 is attached hereto as Exhibit 2, and
i2 incorporated herein.
13 I declare under penalty of perjury that the foregoing is true and correct. This declaration]
14 was signed this 8th day of October 2019 in Fresno, California.
15 a
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17 F.
18 Michael P. Dowling
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Page 2
Exhibit 1
Soe. State of California
Secretary of State
oe
oe
SoH Statement of Information G384488
(Domestic Stock and Agricultural Cooperative Corporations)
FEES (Fiting and Disclosure): $25.00.
If this is an amendment, see instructions,
FILED
IMPORTANT — READ INSTRUCTIONS BEFORE COMPLETING THIS FORM In the office of the Secretary of State
1 CORPORATE NAME of the State of California
RICHARD BEST TRANSFER, INC,
FEB-05 2019
2. CALIFORNIA CORPORATE NUMBER
02620614 This Space for Filing Use Only
No Change Statement (Not applicable if agent address of record is a P.O. Box address. See instructions.)
3, If there have been any changes to the information contained in the last Statement of Information filed with the California Secretary
of State, or no statement of information has been previously filed, this form must be completed in its entirety.
Oo If there has been no change in any of the information contained in the last Statement of information filed with the California Secretary
of State, check the box and proceed to Item 17.
Complete Addresses for the Following (Do not abbreviate the name of the city, Items 4 and 5 cannot be P.O. Boxes.)
4, STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE cry STATE ZIP CODE
1630 £ MANNING AVENUE #312, REEDLEY, CA 93654
5. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE
1630 E MANNING AVENUE #312, REEDLEY, CA 9365
6. MAILING ADDRESS OF CORPORATION, IF DIFFERENT THAN ITEM 4 ciry STATE ZIP CODE
Names and Complete Addresses of the Following Officers (The corporation must list these three officers, A comparable title for the specific
officer may be added; however, the preprinted titles on this form must not he altered.)
. CHIEF EXECUTIVE OFFICERY ADDRESS cIry STATE ZIP CODE
RICHARD E BEST 1630 E MANNING AVENUE #312, REEDLEY, CA 93654
8. SECRETARY ADDRESS cry STATE ZIP CODE
RICHARD E BEST 1630 E MANNING AVENUE #312, REEDLEY, CA 93654
9. CHIEF FINANCIAL OFFICER! ADDRESS r STATE ZIP CODE
RICHARD E BEST 1630 E MANNING AVENUE #312, REEDLEY, CA 93654
Names and Complete Addresses of All Directors, Including Directors Who are Also Officers (The corporation must have at least one
director, Attach additional pages, i necessary.)
40. NAME, DRESS ol STATE ZIP CODE
RICHARD E BEST 1630 E MANNING AVENUE #312, REEDLEY, CA 93654
41, NAME ADDRESS: TY STATE ZIP CODE
GARY ROGERS. 1630 E MANNING AVENUE #312, REEDLEY, CA 93654
412. NAME ADDRESS city STATE ZIP CODE
13. NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANY:_O
Agent for Service of Process if the agent is an individual, the agent must reside in California and Item 15 must be completed with a California street
address, a P.O. Box address is not acceptable. If the agent is another corporation, the agent must have on file with the California Secretary of State a
certificate pursuant to Caiifornia Corporations Code section 1505 and Iter 15 must be left blank.
14. NAME OF AGENT FOR SERVICE OF PROCESS,
RICHARD E BEST
48. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE
4630 E MANNING AVENUE #312, REEDLEY, CA 93654
Type of Business
46._DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION
OFF-LOADING OF RAIL CARS
417. BY SUBMITTING THIS STATEMENT OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE, THE CORPORATION CERTIFIES THE INFORMATION
CONTAINED HEREIN, INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT.
02/05/2019 MICHAEL P DOWLING ATTORNEY
DATE TYPE/PRINT NAME OF PERSON COMPLETING FORM THLE SIGNATURE,
‘81.200 (REV 04/2013) Page Toft APPROVED BY SECRETARY OF STATE
Exhibit 2
panne
262061)
ary of State
In the office of the S
of the Btate of real tifornia
DEC 17 2003 vv
savin ond ‘ vee oe sure
ARTICLES OF INCORPORATION
OF
RICHARD BEST TRANSFER, INC.
ONE: The name of this corporation is RICHARD BEST TRANSFER, INC,
TWO: The purpose of this corporation is to engage in any lawful act or
activity for which a corporation may be organized under the General Corporation Law of
California other than the banking business, the trust company business, or the practice of a
profession permitted to be incorporated by the California Corporations Code.
THREE: The name and address in the State of California of this
corporation's initial agent for service of process is: Lucille Best, 2533 W. McKinley, Space
92, Fresno, California, 93728.
FOUR: This corporation is authorized to issue only one class of shares of
stock; and the total number of shares which this corporation is authorized to issue is
100,000.
FIVE: The liability of the directors of this corporation for monetary damages
shall be eliminated to the fullest extent permissible under California law.
DATED: Adee. , 2003.
sad
LUCILLE BEST
C\D\BESTART.INC
PROOF OF SERVICE
1013A(3)_ CCP]
STATE OF CALIFORNIA )
) SS.
COUNTY OF FRESNO )
Tam employed in the County of Fresno, State of California, [ am over the age of 18 and not a
party to the within action; my business address is; 7060 N, Fresno Street, Suite 250, Fresno, California]
On October 8, 2019, | served the foregoing document described as DECLARATION OF
MICHAEL P. DOWLING IN OPPOSITION TO ARCHER DANIELS MIDLAND COM-
PANY’S MOTION FOR MONETARY SANCTIONS, TERMINATING SANCTIONS, AND
ISSUE SANCTIONS on the party/parties named below in said action by placing (] the original EX]
a true copy thereof enclosed in a sealed envelope address as follows:
VIA.U.S. MAIL ONLY VIA_U.S, MAIL ONLY
Justin T, Campagne, Esq. Tim Thompson, Esq.
Law Firm of Campagne & Campagne Whitney Thompson & Jeffeoach
10 Airport Office Center 8050 N. Palm Ave., Suite 110
1685 N. Helm Avenue Fresno, California 93711
u
Fresno, California 93727
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VIA U.S. MAIL ONLY VIA U.S, MAIL ONLY
13 Phillip A. Baker, Esq. Jeff E. Scott, Esq.
Baker, Keener & Nahra, LLP Greenberg Traurig, LLP
i 633 West 5th Street, Suite 5500 1840 Century Park East, Suite 1900
Los Angeles, California 90071 Los Angeles, California 90067
5
16 VIA_U.S, MAIL ONLY VIA U.S, MAIL ONLY
James S, Rummonds, Esq. Roger Nuttall, Esq.
W Rummonds Law Firm Nuttall & Coleman
311 Bonita Dr 2333 Merced Street
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Aptos, California 95003 Fresno, California 93721
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VIA U.S. MAIL ONLY
20 Anthony P. Capozzi, Esq.
Law offices of Anthony P, Capozzi
21 1233 W. Shaw Avenue, Suite 102
Fresno, California 93711
22
23 O BY FACSIMILE: T personally sent to the addressee’ facsimile number indicated after the
address(es) noted on the Service List, a true and correct copy of the above-described document(s).
24
O BY OVERNIGHT DELIVERY: T deposited the document in a box or other facility reg-
25 ularly maintained by UPS and in an envelope or package designated by the UPS with delivery fees
paid or provided for.
26
& BY MAIL: I am “readily familiar” with the firm’s practice of collection and processing
a correspondence for mailing, Under that practice it would be deposited with the U.S. postal service on]
orsaae 28
70
sep rsi8
PROOF OF SERVICE
1013A(3)_ CCP
that same day with postage thereon fully prepaid at Fresno, California, in the ordinary course of
business, I am aware that on motion of the party served, service is presumed invalid if postal]
cancellation date or postage meter date is more than one day after date of deposit for mailing in
affidavit.
O VIA ELECTRONIC MAIL: | caused a true and correct scanned image (.PDF file) to be
transmitted via electronic mail to the above address(es) indicated above.
O BY PERSONAL RVICE: 1 delivered such envelope by hand to the offices of the ad-+
dressee.
Hxecuted'pn October 8, 2019 at Fresno, California,
I STATE: | declarg under penalty of perjury pinder j e Jaws of the State of California that the
above is true and correct. j
10
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Shannon Mosier
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Preview
C. Russell Georgeson, SBN 53589 Richard A. Belardinelli, SBN 065168 GEORGESON AND BELARDINELLI 7060 N. Fresno Street, Suite 250 Fresno, California 93720 Telephone: (559) 447-8800 Facsimile: (559) 447-0747 E-FILED 10/8/2019 3:26 PM Justin T. Campagne, SBN 211825 Superior Court of California Law Firm of Campagne & Campagne County of Fresno A Professional Corporation By: J]. Nelson, Deputy Airport Office Center 1685 N. Helm Avenue Fresno, California 93727 Telephone: (559) 255-1637 Facsimile: (559) 252-9617 10 Attorneys for Plaintiff and Cross-Defendant, RICHARD BEST TRANSFER, INC. and Cross- 11 Defendant, CHARLES LITTLEFIELD 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 IN AND FOR THE COUNTY OF FRESNO 14 1S RICHARD BEST TRANSFER, INC., A Case No.: 17CECG01022 16 California Corporation, DECLARATION OF MICHAEL P. 17 Plaintiff, DOWLING IN OPPOSITION TO vs. ARCHER DANIELS MIDLAND 18 COMPANY’S MOTION FOR ARCHER DANIELS MIDLAND MONETARY SANCTIONS, 19 COMPANY, A Delaware Corporation; i NATASHA DUKES, an individual; TERMINATING SANCTIONS, AND ISSUE SANCTIONS 20 SHAWN SAWA, an individual; AMBER M. ROSE aka AMBER M, SAWA, an 21 individual; and DOES 1-25, inclusive, Date: October 22, 2019 Time: 3:30 p.m. 22 Dept.: 503 Defendants. a) 23 ) 24 AND RELATED CROSS ACTION ) ) 25 I, Michael P, Dowling, declare as follows: 26 1 Tam an attorney at law licensed to practice in the State of California. I am a partner 27 of the law firm of Coleman & Horowitt, LLP, corporate counsel for Plaintiff and Cross-Defendant| 28 Page 1 RICHARD BEST TRANSFER, INC, (hereinafter “RBT”) in the above captioned matter. I have personal knowledge of the facts set forth in this declaration and if called as a witness, could and would testify competently to such facts under oath. 2. Cross-Defendant RICHARD BEST is the sole current shareholder of RBT. 3. Cross-Defendant RICHARD BEST is the CEO, CFO, Secretary, and one of the two Directors of RBT. A true and correct copy of RBT’s Statement of Information filed February 5. 2019 is attached hereto as Exhibit 1, and incorporated herein. 4 Previous shareholders of RBT have included Richard I. Best and Lucille Best. 10 5 RBT is authorized to issue only one class of stocl. A true and correct copy of RBT’s i Articles of Incorporation filed December 17, 2003 is attached hereto as Exhibit 2, and i2 incorporated herein. 13 I declare under penalty of perjury that the foregoing is true and correct. This declaration] 14 was signed this 8th day of October 2019 in Fresno, California. 15 a 16 17 F. 18 Michael P. Dowling 19 20 21 22 23 24 25 26 27 28 Page 2 Exhibit 1 Soe. State of California Secretary of State oe oe SoH Statement of Information G384488 (Domestic Stock and Agricultural Cooperative Corporations) FEES (Fiting and Disclosure): $25.00. If this is an amendment, see instructions, FILED IMPORTANT — READ INSTRUCTIONS BEFORE COMPLETING THIS FORM In the office of the Secretary of State 1 CORPORATE NAME of the State of California RICHARD BEST TRANSFER, INC, FEB-05 2019 2. CALIFORNIA CORPORATE NUMBER 02620614 This Space for Filing Use Only No Change Statement (Not applicable if agent address of record is a P.O. Box address. See instructions.) 3, If there have been any changes to the information contained in the last Statement of Information filed with the California Secretary of State, or no statement of information has been previously filed, this form must be completed in its entirety. Oo If there has been no change in any of the information contained in the last Statement of information filed with the California Secretary of State, check the box and proceed to Item 17. Complete Addresses for the Following (Do not abbreviate the name of the city, Items 4 and 5 cannot be P.O. Boxes.) 4, STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE cry STATE ZIP CODE 1630 £ MANNING AVENUE #312, REEDLEY, CA 93654 5. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE 1630 E MANNING AVENUE #312, REEDLEY, CA 9365 6. MAILING ADDRESS OF CORPORATION, IF DIFFERENT THAN ITEM 4 ciry STATE ZIP CODE Names and Complete Addresses of the Following Officers (The corporation must list these three officers, A comparable title for the specific officer may be added; however, the preprinted titles on this form must not he altered.) . CHIEF EXECUTIVE OFFICERY ADDRESS cIry STATE ZIP CODE RICHARD E BEST 1630 E MANNING AVENUE #312, REEDLEY, CA 93654 8. SECRETARY ADDRESS cry STATE ZIP CODE RICHARD E BEST 1630 E MANNING AVENUE #312, REEDLEY, CA 93654 9. CHIEF FINANCIAL OFFICER! ADDRESS r STATE ZIP CODE RICHARD E BEST 1630 E MANNING AVENUE #312, REEDLEY, CA 93654 Names and Complete Addresses of All Directors, Including Directors Who are Also Officers (The corporation must have at least one director, Attach additional pages, i necessary.) 40. NAME, DRESS ol STATE ZIP CODE RICHARD E BEST 1630 E MANNING AVENUE #312, REEDLEY, CA 93654 41, NAME ADDRESS: TY STATE ZIP CODE GARY ROGERS. 1630 E MANNING AVENUE #312, REEDLEY, CA 93654 412. NAME ADDRESS city STATE ZIP CODE 13. NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANY:_O Agent for Service of Process if the agent is an individual, the agent must reside in California and Item 15 must be completed with a California street address, a P.O. Box address is not acceptable. If the agent is another corporation, the agent must have on file with the California Secretary of State a certificate pursuant to Caiifornia Corporations Code section 1505 and Iter 15 must be left blank. 14. NAME OF AGENT FOR SERVICE OF PROCESS, RICHARD E BEST 48. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE 4630 E MANNING AVENUE #312, REEDLEY, CA 93654 Type of Business 46._DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION OFF-LOADING OF RAIL CARS 417. BY SUBMITTING THIS STATEMENT OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE, THE CORPORATION CERTIFIES THE INFORMATION CONTAINED HEREIN, INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT. 02/05/2019 MICHAEL P DOWLING ATTORNEY DATE TYPE/PRINT NAME OF PERSON COMPLETING FORM THLE SIGNATURE, ‘81.200 (REV 04/2013) Page Toft APPROVED BY SECRETARY OF STATE Exhibit 2 panne 262061) ary of State In the office of the S of the Btate of real tifornia DEC 17 2003 vv savin ond ‘ vee oe sure ARTICLES OF INCORPORATION OF RICHARD BEST TRANSFER, INC. ONE: The name of this corporation is RICHARD BEST TRANSFER, INC, TWO: The purpose of this corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business, or the practice of a profession permitted to be incorporated by the California Corporations Code. THREE: The name and address in the State of California of this corporation's initial agent for service of process is: Lucille Best, 2533 W. McKinley, Space 92, Fresno, California, 93728. FOUR: This corporation is authorized to issue only one class of shares of stock; and the total number of shares which this corporation is authorized to issue is 100,000. FIVE: The liability of the directors of this corporation for monetary damages shall be eliminated to the fullest extent permissible under California law. DATED: Adee. , 2003. sad LUCILLE BEST C\D\BESTART.INC PROOF OF SERVICE 1013A(3)_ CCP] STATE OF CALIFORNIA ) ) SS. COUNTY OF FRESNO ) Tam employed in the County of Fresno, State of California, [ am over the age of 18 and not a party to the within action; my business address is; 7060 N, Fresno Street, Suite 250, Fresno, California] On October 8, 2019, | served the foregoing document described as DECLARATION OF MICHAEL P. DOWLING IN OPPOSITION TO ARCHER DANIELS MIDLAND COM- PANY’S MOTION FOR MONETARY SANCTIONS, TERMINATING SANCTIONS, AND ISSUE SANCTIONS on the party/parties named below in said action by placing (] the original EX] a true copy thereof enclosed in a sealed envelope address as follows: VIA.U.S. MAIL ONLY VIA_U.S, MAIL ONLY Justin T, Campagne, Esq. Tim Thompson, Esq. Law Firm of Campagne & Campagne Whitney Thompson & Jeffeoach 10 Airport Office Center 8050 N. Palm Ave., Suite 110 1685 N. Helm Avenue Fresno, California 93711 u Fresno, California 93727 12 VIA U.S. MAIL ONLY VIA U.S, MAIL ONLY 13 Phillip A. Baker, Esq. Jeff E. Scott, Esq. Baker, Keener & Nahra, LLP Greenberg Traurig, LLP i 633 West 5th Street, Suite 5500 1840 Century Park East, Suite 1900 Los Angeles, California 90071 Los Angeles, California 90067 5 16 VIA_U.S, MAIL ONLY VIA U.S, MAIL ONLY James S, Rummonds, Esq. Roger Nuttall, Esq. W Rummonds Law Firm Nuttall & Coleman 311 Bonita Dr 2333 Merced Street 18 Aptos, California 95003 Fresno, California 93721 9 VIA U.S. MAIL ONLY 20 Anthony P. Capozzi, Esq. Law offices of Anthony P, Capozzi 21 1233 W. Shaw Avenue, Suite 102 Fresno, California 93711 22 23 O BY FACSIMILE: T personally sent to the addressee’ facsimile number indicated after the address(es) noted on the Service List, a true and correct copy of the above-described document(s). 24 O BY OVERNIGHT DELIVERY: T deposited the document in a box or other facility reg- 25 ularly maintained by UPS and in an envelope or package designated by the UPS with delivery fees paid or provided for. 26 & BY MAIL: I am “readily familiar” with the firm’s practice of collection and processing a correspondence for mailing, Under that practice it would be deposited with the U.S. postal service on] orsaae 28 70 sep rsi8 PROOF OF SERVICE 1013A(3)_ CCP that same day with postage thereon fully prepaid at Fresno, California, in the ordinary course of business, I am aware that on motion of the party served, service is presumed invalid if postal] cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. O VIA ELECTRONIC MAIL: | caused a true and correct scanned image (.PDF file) to be transmitted via electronic mail to the above address(es) indicated above. O BY PERSONAL RVICE: 1 delivered such envelope by hand to the offices of the ad-+ dressee. Hxecuted'pn October 8, 2019 at Fresno, California, I STATE: | declarg under penalty of perjury pinder j e Jaws of the State of California that the above is true and correct. j 10 uw AK IQ Shannon Mosier 12 a 14 15 16 17 18 19 20 a 2 23 4 25 26 7 Tecwmsaeer 9g Prasat arora ‘HOIN.fagecoSmaer Surre28u Fian,c8 on (s59)4e7am