Opposition To Defendants Ex Parte Application To Continue TrialOppositionCal. Super. - 2nd Dist.April 11, 2018Electronically FILED by Superior Court of California, County of Los Angeles on 07/23/2020 10:30 AM Sherri R. Carter, Executive Officer/Clerk of Court, by S. Bolden,Deputy Clerk Sp iw ak & le zz a 55 5 Ma ri n St re et Su it e 14 0 T h o u s a n d Oa ks , C A 9 1 3 6 0 (8 05 ) 77 7- 11 75 © 0 ~N O O Oo bh WwW w NN a N N ND N N N D ND ND NN N N aa e d a a a y w d w d dv e d a a m 0 ~N O O O r A W N O O O N O O A W N aA SPIWAK & IEZZA, LLP Lisa E. Spiwak (State Bar No. 131587) Kenneth H. Moss (State Bar No. 138432) 555 Marin Street, Suite 140 Thousand Oaks, California 91360 Telephone: (805) 777-1175 Our File No. 784.0090 Attorneys for Plaintiff Community West Bank, N.A. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES COMMUNITY WEST BANK, N.A., ) CASE NO. BC702028 ) Plaintiff, ) PLAINTIFF COMMUNITY WEST BANK, ) N.A’S OPPOSITION TO DEFENDANTS’ VS. ) EX PARTE APPLICATION FOR AN ) ORDER TO CONTINUE TRIAL AND TRIAL GREGORY B. FRIEDMAN, an individual ) RELATED DATES; MEMORANDUM OF aka Gregory Friedman aka Greg B. JPOINTS AND AUTHORITIES; Friedman aka Greg Friedman; MELISSA ) DECLARATION OF KENNETH H. MOSS, OPPENHEIMER, an individual aka Melissa) ESQ., AND EXHIBITS 1-4 Oppenheimer Friedman aka Melissa O. Friedman aka Melissa Friedman; BROWN, ) Date: July 24, 2020 LLC, a Nevada limited liability company; ) Time: 8:30 a.m. ORANGE, LLC, a Nevada limited liability ) Dept.: 32 company; PURPLE, LLC, a Nevada limited) Judge: The Honorable Daniel S. Murphy liability company; 2"° HORIZON LLC, a California limited liability company; ) Trial Date: September 30, 2020 DEVON SCOTT NEMER, an individual; NEVADA FUNDING GROUP, INC., a Devada corporation; and DOES 1 through Defendants. ) ) ) ) ) ) ) ) 1 PLAINTIFF COMMUNITY WEST BANK, N.A."S OPPOSITION TO DEFENDANTS’ EX PARTE APPLICATION TO CONTINUE TRIAL AND TRIAL RELATED DATES © 00 N N O O Oo A W N N N O N N D O N NN DMD N A m w d e d a d m d c d w d md a BP N E HB R B I N N R B s os I d a 0 2 2 3 I DEFENDANTS’ EX PARTE APPLICATION FOR A 90-DAY CONTINUANCE OF THE TRIAL AND ATTENDANT DATES SHOULD BE DENIED BECAUSE THEY HAVE ENGAGED IN A REPEATED PATTERN OF DELAY AND HINDERING CREDITOR PLAINTIFF COMMUNITY WEST BANK. A. This Case Involves 13 Causes Of Action For Fraudulent Conveyance. Defendants’ ex parte application for a 90-day continuance of the trial and attendant dates should be denied because they have engaged in a repeated pattern of delay and hindering creditor plaintiff Community West Bank, N.A. (“Community West Bank”). Indeed, this case involves 13 causes of action for fraudulent conveyances of real properties and limited liability membership interests by defendants. (Community West Bank hereby requests that the Court take judicial notice of its First Amended Complaint on file in this action, pursuant to California Evidence Code Sections 451 and 452.) B. Defendants Already Have Had 2 Different Lawyers In This Case. The purported reason for Defendants’ ex parte application is that they are going to switch lawyers on the eve of the discovery cut-off, discovery motion cut-off, and trial dates. Defendants already have had 2 different lawyers in this case, so new counsel would be the 3“ counsel for defendants in this case. (Community West Bank hereby requests that the Court take judicial notice of defendants’ attorneys of records in this case.) C. Defense Counsel Represented On March 5, 2020 That He Would Be Filing A Motion To Consolidate This Case With A Case In Ventura County Superior Court, But He Did Not Do So. Defense counsel represented on March 5, 2020 that he would be filing a motion to consolidate this case with a case in Ventura County Superior Court, but he did not do so. (Exhibit 1; Declaration of Kenneth H. Moss, Esq. (“Moss Decl.”), § 2.) nn 2 PLAINTIFF COMMUNITY WEST BANK, N.A.’S OPPOSITION TO DEFENDANTS’ EX PARTE APPLICATION TO CONTINUE TRIAL AND TRIAL RELATED DATES -- © © 00 ~N O O Oo dh ww N N O N DN N N N N N N w d e d a e d ad o v w d e d w d w a 5 N N 8 X R V I N N N N N I I s a r a n D. Defense Counsel Represented On June 5, 2020 That He Would Be “Off The Case” By June 30, 2020, But He Has Not Substituted Out Of The Case Or Filed A Motion To Withdraw. Defense counsel represented on June 5, 2020 that he would be “off the case” by the end of June 2020, but he has not substituted out of the case or filed a motion to withdraw. (Exhibit 2; Moss Decl., § 3.) Thus, Community West Bank is concerned that the ex parte application is just another delay tactic and defense counsel is not leaving the case. E. Defendant Melissa Oppenheimer And Her Counsel Did Not Appear For Her Noticed Deposition By Zoom On July 16, 2020. Defendant Melissa Oppenheimer and her counsel did not appear for her noticed deposition by Zoom on July 16, 2020, and Mr. Sapir still has not provided me with any available date for the deposition of his client, Ms. Oppenheimer. (Exhibits 3 and 4: Moss Decl., [14 and 5.) Dated: July 22, 2020 Respectfully submitted, SPIWAK & IEZZA, LLP By: Yo. Sra Kenneth H. Moss Attorneys for Plaintiff Community West Bank, N.A. 3 PLAINTIFF COMMUNITY WEST BANK, N.A.’S OPPOSITION TO DEFENDANTS’ EX PARTE APPLICATION TO CONTINUE TRIAL AND TRIAL RELATED DATES © © 00 N N O O Oa dH Ww W DN a N NN O N O N DN N N N N a a a ad e d s d o d e d w d md a a > N 3 B R B ss I d s a r o mn DECLARATION OF KENNETH H. MOSS, ESQ. I, KENNETH H. MOSS, ESQ., the undersigned, declare as follows: 1. | am an attorney duly licensed to practice before all of the Courts of the State of California. | am an attorney at the law firm of Spiwak & lezza, LLP, counsel of record for plaintiff Community West Bank, N.A. (“Community West Bank”) in the above- captioned lawsuit. | know all of the following facts of my own personal knowledge and, if called and sworn as a witness, | could and would competently testify thereto. | make this declaration in opposition to defendants’ ex parte application for a 90-day continuance of the trial and attendant dates. 2. Attached hereto as Exhibit 1 is a true and correct copy of an e-mail dated March 5, 2020 that | received from Eric Sapir, Esq. 3 Attached hereto as Exhibit 2 is a true and correct copy of an e-mail dated June 5, 2020 that | received from Eric Sapir, Esq. 4, Attached hereto as Exhibit 3 is a true and correct copy of the Reporter's Affidavit regarding defendant Melissa Oppenheimer's non-appearance at her noticed deposition on July 16, 2020. 5. Attached hereto as Exhibit 4 is a true and correct copy of an e-mail that | sent to Eric Sapir, Esq. on July 16, 2020. Mr. Sapir still has not provided me with any available date for deposition of his client, Melissa Oppenheimer. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July 22, 2020, at Thousand Oaks, California. “ & 4 EE A Lordy 8 Posty KENNETH H. MOSS 4 PLAINTIFF COMMUNITY WEST BANK, N.A.'S OPPOSITION TO DEFENDANTS’ EX PARTE APPLICATION TO CONTINUE TRIAL AND TRIAL RELATED DATES EXHIBIT 1 Kenneth Moss EE Aaa From: Eric Sapir Sent: Thursday, March 5, 2020 4:41 PM To: Kenneth Moss; Susan M. Basham Subject: Re: Oppenheimer Counsel: Please be advised that we will be filing a motion to transfer and consolidate the Ventura Case to Los Angeles. Susan, you indicated that your client was willing to stipulate but no longer cannot due to the property being located in Ventura County, correct? Ken, you stated that your client will oppose a request to consolidate, correct? Before | file the motion, please let me know if either of you are willing to stipulate to transfer and consolidate the cases to LA. Your prompt attention to this matter is greatly appreciated. Thank you. Eric Sapir, Esq. Law Office of Eric Sapir 11040 Santa Monica Bivd., Suite 208 Los Angeles, CA 90025 Tel: (424) 384-1650 Fax: (424) 384-1651 esapir@calicounsels.com calicounsels.com General Disclaimer: The information contained in this electronic communication is to be considered confidential and intended only for the use of the recipient named above. The information is or may be legally privileged and expresses the opinion of the writer only. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender listed above, delete the original message and any copy of it from your computer system. On Mar 2, 2020, at 3:31 PM, Kenneth Moss wrote: Eric, No thanks. Community West Bank will not be dismissing either or both of its cases against your client. Very truly yours, Ken Kenneth H. Moss, Esq. Spiwak & lezza, LLP 555 Marin Street, Suite 140 Thousand Oaks, California 91360 Telephone: (805) 777-1175 EXHIBIT 2 Kenneth Moss EE From: Eric Sapir Sent: Friday, June 5, 2020 8:35 AM To: Kenneth Moss Subject: Re: Oppenheimer Ken, I am closing my practice and my client is currently searching for counsel to take over. Will you stipulate to continue the trial and related dates and deadlines? | anticipate being off the case by end of month and her new counsel will need time to get up to speed. Thanks. On Fri, Mar 6, 2020 at 7:10 AM Susan M. Basham wrote: Eric, Until we see your motion, we do not know what your grounds for transfer/consolidation will be, and therefore we cannot provide an anticipatory opposition. As | informed you previously, we brought the action in Ventura County, and it should be resolved in Ventura County, because this is a “local action” concerning title to real property in Ventura County within the meaning of Code of Civil Procedure section 392. Susan Basham fi" Price, POSTEL & PARMA LLP Susan M. Basham Price, Postel & Parma LLP 200 East Carrillo Street, Suite 400 Santa Barbara, CA 93101 T. 805.962.0011 F. 805.965.3978 EXHIBIT 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Atkinson-Baker, Inc. www.depo.com SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES COMMUNITY WEST BANK, N.A., Plaintiff, VS. GREGORY B. FRIEDMAN, an individual aka Gregory Friedman aka Greg B. Friedman aka Greg Friedman; MELISSA OPPENHEIMER, an individual aka Melissa Oppenheimer Friedman aka Melissa O. Friedman aka Melissa Friedman; BROWN, LLC, a Nevada limited liability company; ORANGE, LLC, a Nevada limited liability company; PURPLE, LLC, a Nevada limited liability company; 2ND HORIZON LIL.C, a California limited liability company; DEVEN SCOTT NEMER, an individual; NEVADA FUNDING GROUP, INC., a Nevada corporation; DOES 1 through 20, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. Reporter's Affidavit BC702028 Melissa Oppenheimer July 16, 2020 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2.5 Atkinson-Baker, Inc. www.depo.com NUMBER Exhibit 1 EXHIBITS DESCRIPTION Plaintiff Community West Bank, N.A.s Notice of Deposition of Defendant Melissa Oppenheimer, an individual AKA Melissa Oppenheimer Friedman AKA Melissa O. Friedman AKA Melissa Friedman Melissa Oppenheimer July 16, 2020 10 11 12 13 14 15 16 17 18 19 20 21 2 23 24 25 Atkinson-Baker, Inc. www.depo.com I, Karine Sepedjian, CSR No. 12515, do hereby declare as follows: That pursuant to the request of Spiwak & lezza, attorneys representing the Plaintiff, Community West Bank, I did appear via videoconference at Los Angeles, California, on Thursday, July 16, 2020, at 9:30 a.m., for the purpose of placing under oath and reporting the deposition of Melissa Oppenheimer, pursuant to Notice of Taking Deposition; that there was present Kenneth H. Moss of Spiwak & Iezza; That the above person and the reporter remained in zoom session until 10:00 a.m., by which time the aforementioned Melissa Oppenheimer had not appeared for the purpose of having her deposition taken. I declare under penalty of perjury that the foregoing is true and correct. 7 thig 16th dayfof July, 2020. ¥ r 4 : KARINE SEPEDJIAN, CSR No. 12515 Melissa Oppenheimer July 16, 2020 " g n a Sp iw ak il ez za B0 5 Wa l De as , Bul le 1A To ou me nd O ne , GA 5 12 00 Nick I. Iezza (SBN 128570) Kenneth H. Moss (SBN 138432) SPIWAK & IEZZA, LLP § 555 Marin Street, Suite 140 | Thousand Oaks, California 91360 Telephone: (805) 777-1175 Facsimile: (805) 777-1168 ; Refer to Qur File No. 784.0090 | Attorneys for Plaintiff Community West Bank SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES P a s s e r 10 | " | COMMUNITY WEST BANK, N.A., CASE NO. BC702028 12 | Plaintiff, PLAINTIFF COMMUNITY WEST | : BANK, N.A.’S NOTICE OF DEPOSITION 134 vs | OF DEFENDANT MELISSA : OPPENHEIMER, AN INDIVIDUAL AKA 14 | GREGORY B. FRIEDMAN, an individual aka MELISSA OPPENHEIMER FRIEDMAN Gregory Friedman aka Greg B. Friedmanaka | AKA MELISSA O. FRIEDMAN AKA 15 1 Greg Friedman; MELISSA OPPENHEIMER, an | MELISSA FRIEDMAN +a | individual aka Melissa Oppenheimer Friedman 16 § aka Melissa O. Friedman aka Melissa Friedman; BROWN, LLC, a Nevada limited liability 17 § company; ORANGE, LLC, a Nevads limited Date; July 16, 2020 «a II liability company; PURPLE, LLC, a Nevada Time: 9:30 am. 18 | limited liability company; IND HORIZON Place: Virtual Deposition via Zoom - LLC, a California limited liability company; 18 § DEVEN SCOTT NEMER, an individual ” NEVADA FUNDING GROUP, INC, a Nevads 20 | corporation; DOES 1 through 20, 21 | Defendants. 22 | 23 | TO DEFENDANT MELISSA OPPENHEIMER, an individual aka Melissa Oppenheimer 24 | Bits aka Melissa O. Friedman aka Melissa Friedman and her Counsel of Record: 25 | PLEASE TAKE NOTICE that, pursuant to California Code of Civil Procedure Sections 28 | 2025.010 et seq., the deposition of defendant MELISSA OPPENHEIMER, an individual aka Melissa 27 | Oppeneimer Friedman aka Melissa O. Friedman aka Melissa Friedman, will be taken by plaintiff 28 | w]e PLAINTIFF'S NOTICE OF DEPOSITION OF DEFENDANT MELISSA OPPENHEIMER - - 3 Sp iw ak il ez za 55 5 Mo ri n Sh ee ! Su lt s 14 0, T ho us an d Oa k, CA 91 38 0 184.0000 80 5) 7 77 .4 47 8 - oH © «© NN OO 0 A W N = = e h se h aa d Ww N N a Oo N ND ND NN N N = o w wd ow Community West Bank, N.A., on July 16, 2020, beginning at 9:30 a.m., via Zoom videoconference, before a duly qualified deposition officer at Atkinson Baker, present at the time specified above. A website link will be provided by Atkinson Baker prior to the deposition. Pursuant to Califomia Code of Civil Procedure Section 2025.220(a)(5), the deposition may be recorded by audiotape or videotape and may be recorded by stenographic method through the instant visual display of the testimony. Said deposition will continue from day to day, excluding weekends and holidays, until completed. Notice is further given that we reserve the right to conduct this deposition utilizing the secure web-based deposition option afforded by a virtual meeting platform or telephonically to provide remote access for those parties wishing to participate via the intemet and/or telephone. Also take notice that the court reporter may be appearing remotely and may not be in the presence of the deponent. PLEASE TAKE FURTHER NOTICE that if an interpreter is needed, you must notify the undersigned at least three (3) days before the scheduled deposition to allow time to secure an interpreter. SPIWAK & IEZZA, LLP Dated: June 25 , 2020 By: Yat pe wy” Kenneth H. Moss Attorneys for Plaintiff 2. PLAINTIFF'S NOTICE OF DEPOSITION OF DEFENDANT MELISSA OPPENHEIMER & + Sp iw ak Zl ez za $5 5 Ma ri n St ee l, S ul te 14 0, T h o u s a n d Os ts , CA 0 13 80 64.0090 (80 5) 17 2- 41 75 ww OO N O O O A W N N N O N N N edd w w w h e d e d w d e h w h m h == PROOF OF SERVICE Superior Court of the State of California, Case No. BC702028 I, the undersigned, declare: I am a citizen of the United States of America, and at the time of service was over the age of eighteen years, and not a party to this action. | am an employee of the law firm of Spiwak & lezza, LLP, whose business address is 555 Marin Street, Suite 140 in Thousand Oaks, California 91360. On June 25, 2020 J served the following document(s): PLAINTIFF COMMUNITY WEST BANK, N.A.’S NOTICE OF DEPOSITION OF DEFENDANT MELISSA OPPENHEIMER, AN INDIVIDUAL AKA MELISSA OPPENHEIMER FRIEDMAN AKA MELISSA O. FRIEDMAN AKA MELISSA FRIEDMAN I served the document(s) on the person or persons below, as follows: Eric Sapir, Esq. Attorneys for Defendants, Law Office of Eric Sapir MELISSA OPPENHEIMER; 11040 Santa Monica Blvd., Suite 440 BROWN, LLC; Los Angeles, CA 90025 ORANGE, LLC; PURPLE, LLC; 2nd HORIZON LLC By United States mail. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses specified above and placed the item for collection and mailing, following our ordinary business practices. I am readily familiar with this firm's practice for collecting and processing items for mailing. On the same day that an item 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. I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at Thousand Oaks, California. | understand that service shall be presumed invalid upon motion of a party served of the postal cancellation date or postage meter date on the envelope is more than one day after the date of deposit for mailing contained on this declaration. 1 declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. DATED: _June 25,2020 - AZ sugpellle Alison ¥rujillo 3. PLAINTIFF'S NOTICE OF DEPOSITION OF DEFENDANT MELISSA OPPENHEIMER EXHIBIT 4 Kenneth Moss TE Ea ws SR From: Kenneth Moss Sent: Thursday, July 16, 2020 2:06 PM To: Eric Sapir Subject: Community West Bank/Friedman et al. (Our File No. 784.0090) Dear Mr. Sapir, You and your client, defendant Melissa Oppenheimer, failed to appear by Zoom this morning for the noticed deposition of Ms. Oppenheimer. This e-mail is sent to “meet and confer” with you prior to filing and serving a motion to compel said deposition and for sanctions against you and Ms. Oppenheimer for your failure to appear. By 5:00 p.m. on Monday, July 20, 2020, please provide me with a date in July 2020 on which you and Ms. Oppenheimer are available for deposition. Otherwise, | will be left with no choice but to file and serve a motion to compel deposition and for sanctions against you and Ms. Oppenheimer because the discovery cut-off, discovery motion cut-off and trial dates are fast approaching. | hope it will not need to come to said motion. Very truly yours, Ken Kenneth H. Moss, Esq. Spiwak & lezza, LLP 555 Marin Street, Suite 140 Thousand Oaks, California 91360 Telephone: (805) 777-1175 Facsimile: (805) 777-1168 OO © 00 N N OO o r bh W N N N O N N N N D N D N D N N N N N D mn m d w d m d w d e d m d o d o d w a Ww ~N O O O D W N m 0 Ww O N O Dd W N PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF VENTURA I, ALISON WALLOT, am employed in the aforesaid County, State of California: | am over the age of 18 years and not a party to the within action; my business address is 555 Marin Street, Suite 140, Thousand Oaks, CA 91360. On July 23, 2020, | served the foregoing PLAINTIFF COMMUNITY WEST BANK, N.A.'S OPPOSITION TO DEFENDANTS’ EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL AND TRIAL RELATED DATES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF KENNETH H. MOSS, ESQ., AND EXHIBITS 1-4 on the interested parties in this action by placing a true copy thereof, enclosed in a sealed envelope, addressed as follows: Eric Sapir, Esq. LAW OFFICE OF ERIC SAPIR 9701 Wilshire Blvd., Suite 1000 Beverly Hills, CA 90212 (Courtesy copy by e-mail - esapir@calicounsels.com) | caused such envelope with postage thereon fully paid to be placed in the United States mail at Thousand Oaks, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July 23, 2020, at Thousand Oaks, California. Alle ALISON WALLOT 5 PLAINTIFF COMMUNITY WEST BANK, N.A.’S OPPOSITION TO DEFENDANTS’ EX PARTE APPLICATION TO CONTINUE TRIAL AND TRIAL RELATED DATES