Statement

Cal. Super. - 6th Dist.April 1, 2021

21 CV381434 Santa Clara - Civil F. M ller CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY 5860 OWENS DRIVE, SUITE 410 PLEASANTON, CALIFORNIA 94588 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MATTHEW S. CONSTANTINO, ESQ, SBN 21 1916 mconstantino@clappmoronev.com ALEXANDRA P. SADDIK, ESQ, SBN 328058 asaddik@clappmoronev@.com CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY 5860 Owens Drive, Suite 410 Pleasanton, California 94588 Telephone: (925) 734-0990 Facsimile: (925) 734-0888 Attorney for Defendant, VASILI STRATTON Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/1 6/2021 10:27 AM Reviewed By: F. Miller Case #21 CV381434 Envelope: 7278278 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MCPHARLIN SPRINKLES AND THOMAS LLP, Plaintiff, V. VASILI STRATTON, an individual; KATHERINE STRATTON AS TRUSTEE OF STRATTON SURVIVORS TRUST A; KATHERINE STRATTON AS TRUSTEE OF THE STRATTON BYPASS TRUST; THALIA STRATTON AS TRUSTEE OF THE STRATTON GRANDCHILDREN’S TRUST; SAMOS ENTERPRISES, LLC, a California limited liability company; and DOES 1 through 25, inclusive, Defendants. Case N0.: 21 CV381 434 DEFENDANT VASILI STRATTON’S STATEMENT OF NON-OPPOSITION TO PLAINTIFF MCPHARLIN SPRINKLES AND THOMAS LLP’S COMPLAINT FOR INTERPLEADER Trial Date: None set Defendant Vasili Stratton (“Vasili”) does not oppose the Complaint for Interpleader (“Interpleader”) filed by Plaintiff McPharlin Sprinkles and Thomas, LLP (“Plaintiff”). Plaintiff is requesting in its Interpleader that the funds from a sale 0f shares in Samos Enterprises, LLC be deposited With the Court due t0 conflicting and uncertain instructions from all parties. Vasili agrees with Plaintiff s Interpleader due t0 the prior communications referenced in the Interpleader and ongoing litigation that can impact the funds at issue. /// /// DEFENDANT VASILI STRATTON’S STATEMENT OF NON-OPPOSITION TO PLAINTIFF MCPHARLIN SPRINKLES AND THOMAS LLP’S COMPLAINT FOR INTERPLEADER CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY 5860 OWENS DRIVE, SUITE 410 PLEASANTON, CALIFORNIA 94588 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant Katherine Stratton (“Katherine”) filed a Complaint for Fraudulent Concealment 0f Material Facts and Negligent Misrepresentation 0n June 11, 2019 in Santa Clara County Superior Court (Case N0. 19CV349730); this complaint was amended on March 1, 2021 (“First Amended Complaint”). The First Amended Complaint seeks damages and rescission 0f the contract for the purchase of shares in Samos Enterprises, LLC. Additionally, ownership 0f the shares at issue in the First Amended Complaint has been contested by John Stratton in the Petition t0 Determine Ownership 0f Property; For Damages for Breach 0f Trust; For Removal of Co-Trustees; and For Appointment 0f Successor Trustee (“Petition”) filed With the Probate division of Santa Clara County Superior Court (Case No. 2 1PR1 89994). The funds at issue in the Interpleader are the payment Vasili made in the contract at issue in the First Amended Complaint 0n the shares at issue in both the First Amended Complaint and the Petition. As such, Whether those funds should be disbursed is in question until the issues surrounding the First Amended Complaint and the Petition are resolved. For this reason, Vasili does not oppose Plaintiff’ s Interpleader. Dated: September 16, 2021 CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY ALEXANDRA P. SADDIK, ESQ. Attorney for Defendant, VASILI STRATTON 2 DEFENDANT VASILI STRATTON’S STATEMENT OF NON-OPPOSITION TO PLAINTIFF MCPHARLIN SPRINKLES AND THOMAS LLP’S COMPLAINT FOR INTERPLEADER CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY 5860 OWENS DRIVE, SUITE 410 PLEASANTON, CALIFORNIA 94588 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 McPharlin Sprinkles and Thomas LLP V. Vasili Stratton, et a1. Santa Clara County Court Case N0. 21CV38 1434 PROOF OF SERVICE [Code ofCiv. Proc. §§ 1011, 1013, 1031a, 2015.5] METHOD OF SERVICE: D By Personal Service D By Mail D By Messenger Service D By Facsimile D By Overnight Delivery By E-Mail/Electronic Transmission 1. I am a citizen of the United States and am employed in the County of [County], State of [State]. I am over the age of 18 years and not a party to the within action. 2. My place 0f employment is 5860 Owens Drive, Suite 410, Pleasanton, CA 94588. 3. On the date set forth below, I caused t0 be served a true and correct copy 0f the document described as: DEFENDANT VASILI STRATTON’S STATEMENT OF NON-OPPOSITION TO PLAINTIFF MCPHARLIN SPRINKLES AND THOMAS LLP’S COMPLAINT FOR INTERPLEADER 4. I served the documents on the persons below, as follows: In Pro Per Attorney for Plaintiff Katherine Stratton Daniel J. Mash, Esq. Jason Skaggs, Esq. MCPHARLIN SPRINKLES & THOMAS, LLP SKAGGS FAUCETTE, LLP 160 W. Santa Clara St., Suite 625 530 Lytton Avenue, 2nd Floor San Jose, CA 951 13 Palo Alto, CA 94301 Telephone: (408) 293-1900 Phone: (650) 617-3226 Facsimile: (408) 709-5409 Fax: (650) 644-0200 dmash@mstpartners.com iason@skaggsfaucette.com 5. The document(s) was served by the following means (specify): a. D BY PERSONAL SERVICE. I caused to be personally delivered the documents t0 the persons at the addresses listed in item 4. (1) For a party represented by an attorney, delivery was made to the attorney 0r at the attorney's office by leaving the documents in an envelope or package clearly labeled to identify the attorney being served With a receptionist 0r an individual in charge of the office. (2) For a party, delivery was made t0 the party or by leaving the documents at the party's residence with some person not less than 18 years of age between the hours of eight in the morning and six in the evening. b. D BY UNITED STATES MAIL. I enclosed the documents in a sealed envelope or package addressed t0 the persons at the addresses in item 4 and (specify one): (1) D deposited the sealed envelope with the United States Postal Services, with the postage fully prepaid. (2) D placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar With this business's practice for 3 DEFENDANT VASILI STRATTON’S STATEMENT OF NON-OPPOSITION TO PLAINTIFF MCPHARLIN SPRINKLES AND THOMAS LLP’S COMPLAINT FOR INTERPLEADER CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY 5860 OWENS DRIVE, SUITE 410 PLEASANTON, CALIFORNIA 94588 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business With the United States Postal Service, in a sealed envelope with postage fully prepaid. c. D BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses in item 4 and (specify one): (1) D placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar With this business's practice for collecting and processing correspondence for mailing. On the same day that corre spondence is placed for collection and mailing, it is deposited in the ordinary course 0f business With the United States Postal Service, in a sealed envelope With postage fillly prepaid for said certified mail/return receipt number (See attached copies 0f Certified Mailflleturn Receipts Requested.) I am a resident or employed in the County Where the mailing occurred. The envelope 0r package was placed in the mail at Pleasanton, California, County of Alameda. d. D BY OVERNIGHT DELIVERY. I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses in item 4. I place the envelope 0r package for collection and overnight delivery at an office 0r a regularly utilized drop box of the overnight delivery carrier. e. D BY MESSENGER SERVICE. I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 4 and providing them to a professional messenger service for service. f. D BY FAX TRANSMISSION. Based 0n an agreement of the parties t0 accept service by fax transmission, I faxed the documents t0 the persons at the fax numbers listed in item 4. No error was reported by the fax machine that I used. g. BY E-MAIL OR ELECTRONIC TRANSMISSION. I caused all 0f the above-entitled document(s) to be sent t0 the recipients listed by electronic mail only based on the notice provided on March 18, 2020, that during the Coronavirus (Covid- 19) pandemic, this office will be working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. N0 electronic message 0r other indication that the transmission was unsuccessfiJI was received Within a reasonable time after the transmission. (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. D (Federal) declare that I am employed in the offices of a member of the bar 0f this court at whose direction this service was made. I declare under penalty 0f perjury that the foregoing is true and correct. Executed 0n September 16, 2021 at Pleasanton, California.W Regina Chand 4 DEFENDANT VASILI STRATTON’S STATEMENT OF NON-OPPOSITION TO PLAINTIFF MCPHARLIN SPRINKLES AND THOMAS LLP’S COMPLAINT FOR INTERPLEADER