DeMartini, et al. v. DeMartini, et al.

Filing 284

PRETRIAL CONFERENCE ORDER signed by District Judge John A. Mendez on 2/20/18: Trial will commence on April 16, 2018, at 9:00 a.m. Each party is granted seven days from the date of this Pretrial Order to object or respond to it via ECF. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY P. DEMARTINI, et al.,

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Case No. 2:14-cv-02722 JAM-CKD

Plaintiffs,

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PRETRIAL CONFERENCE ORDER

v.

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MICHAEL J. DEMARTINI, et al.,

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Defendants.
Pursuant to court order, a Pretrial Con ference was held on

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Februar y 16, 2018 before Judge John Mendez.

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A. Klein and Christian F. Kemos appeared as counsel for plaintiffs;

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defendants Michael J. Demartini and Renate Demartini appeared Pro

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Se.

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orders:

After hearing, the Court makes the following findings and

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I. JURISDICTION/VENUE

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Jurisdiction is predicated upon 28 U.S.C. § 1332 and 28 U.S.C.

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§

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this court, as has venue.

1367(a), and has previously been found to be proper by order of

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Those orders are confirmed.
II. JURY/NON-JURY

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KirkS. Rimmer, Peter

Defendants

ha ~

demanded a jury trial.

infra .

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See Section XIX,

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III. STATEMENT TO BE READ TO JURY
Seven

(7)

days prior to trial the parties shall E-file a joint

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statement of the case that may be read to the jury at the beginning

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of jury selection.

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IV. UNDISPUTED FACTS
None.
V.

DISPUTED FACTUAL ISSUES

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Plaintiffs' Disputed Factual Issues:
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A.

Plaintiffs' Claim for Partition

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Defendants dispute that the proper ty at issue in Plaintiffs'
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first cause of action is "owned" by both Plaintiffs and Defendants.
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Defendants dispute that Plaintiffs are entitled to partition,
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and partit ion by sale.
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B.

Plaintiffs' Claim for Breach of Contract

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Defendants dispute that they have breached the promissory note
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and extensi on, and claim that Plaintiffs were the cause of any
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breach because they failed to refinance or extend the loan further.
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Defendants' Disputed Factual Issues:

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1.

Defendants are informed and believe that at relevant

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times heret o Plaintiffs were residents and/or citizens of the State
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of Nevada, which Plaintiffs dispute.
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undisputed facts above,

Except as mentioned in the

Defendants have disputed and denied the

remainder of the allegations in Pl ainti ffs'
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complaint.

Defendants dispute that Plaint iffs have an absolute right

to partit ion the claimed property based on Defendants' affirmative

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defenses,

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issues.

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3.

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title to the property, partnership claims, and other

Further,

Defendants dispute that there is an issue

regarding the loan payments as Plaintiffs allege.
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Defendants

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dispute that the alleged loan was paid by Plaintiffs.
4.

Defendants dispute that the property was operated as a

tenant in common property.
5.

Defendan ts dispute that the title to the property is

clear and in the name of the parties as tenants in common.
6.

Defendants dispute that Plaintiffs built the building at

12759 Lorna Rica Drive.
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Plaintiffs dispute that the 12757 and 12761 building was

built by the partnership or Michael and Renate DeMartini.
8.

Plaintiffs dispute that a partnership exists and

defendants claim that Plaintiffs wrongfully dissociated from the
partnership for personal gain adverse to the partnership.

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VI.

DISPUTED EVIDENTIARY ISSUES

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Plaintiffs' Disputed Evidentiary Issues:
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A.

Defendants'

Documents

1.

Plaintiffs anticipate that Defendants may attempt to

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introduce at trial,

exhibits which have never been produced before

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in discovery as Defendants have repeatedly claimed they have "moren
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informati on they have not disclosed.

Plaintiffs expect that they

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will seek a motion in limine precluding the admission and use of
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any document or tangible evidence by Defendants, which they have
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not produced i n discovery.
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2.

Plaintiffs also expect that they will seek motions in

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limine barring any discussion or documents relating in any manner
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to the claims or properties disposed of in Plaintiffs Motion for
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Summary Judgment.
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B.

Defendants' Witnesses

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Plaintiffs anticipate that Defendants will attempt to call
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witnesses previously undisclosed or improperly disclosed, if that
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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------- - -

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is the case, they will seek a motion in limine precluding these

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witness'

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barring the testimony of any witness whose expected testimony

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relates to any of the issues or claims disposed of in Plaintiffs

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Motion for Summary Judgment.

testimony.

Plaintiffs wil l also seek a motion in limine

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C.

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Plaintiff s will seek to challenge the testimony and

Expert Witness Issues

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designation of Defendant Michael DeMart ini and his son as

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percipient expert witnesses.

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Defendants' Disputed Evidentiary Issues:

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Defendants do not anticipate any disputes.

Absent a rule to

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the contrary,

Defendants anticipate that all exhibits produced at

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trial will be documents or things pr eviously produced in the

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terabytes of information that Plaintiffs reques ted during

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discovery .

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VII. RELIEF SOUGHT

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Plaintiffs:

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A.

Plaintiffs' Claim for Partition

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1.

For a determination by the c ourt that Plaintiffs and

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Defendants are the sole co - owners of the real property and that no

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other persons have any interest in the real property;

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2.

For an order and judgment that the real property be sold

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and that from the proceeds of the sa le any encumbrance and

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adjustments be paid, together with the costs and expenses of this

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action and the sale,

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Plaintiffs and Defendants in accordance with their respective

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interests; and

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3.

and the net procee ds then be divided between

Plaintiffs seek statutory costs pursuant to sections

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874 . 010 a n d 874.040 of the Cal i fornia Co de o f Civil Procedure

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Partitio n statute.

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B.

Plaintiffs' Claim for Breach o f Contract

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1.

Compensatory damages of $68,6 06 . 26; and

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2.

Interest on the sum of $68 , 606.2 6 at the legal rate of

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interest f rom the date of b r each to t h e entry of judgment in this

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action.

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Defendan t s:

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Reg a r ding relief sought in res p ons e t o Plaintiffs' present

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claims, Defendants seek that the par titi o n and breach of contract

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claims b e denied.

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VIII.

PO I NTS OF LAW

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Tri al briefs shall be E- filed with t h e c ourt no later than

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seven ( 7) days prior to the date o f trial, i.e., April 9, 2018.

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Any poin ts of law not previously arg ued t o the Court should be

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briefed in the trial briefs.

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I X. ABAN DON ED IS SUES

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Plain tiffs:

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Pl a i ntiffs know of no abandoned cla i ms / issue s o ther than all

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of the c l aims in Defendants Second Amen de d Counterclaim which were

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effective l y disposed of by Plaintiffs M
otion f o r Summar y Judgment.

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Defendants:

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None of Defendants' affirmative d efenses have been abandoned .

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X. W TN ESS ES
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Plainti ffs anticipate call in g the f o llowing witnesses:

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1.

Timothy P.

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2.

Margie DeMartini

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3.

Susan K. McGuire

DeMartini

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4.

Chris Skinner of Westameric a Bank

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Custodian of Records of Wes tamerica Bank

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6.

Michael DeMartini

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Renate DeMartini

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Daniel Ketcham

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Defendants anticipate calling the following witnesses:

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1.

Curt Chittock

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2.

Richard Cook

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3.

Daniel J.

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David A.

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5.

James

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6.

Jon H. DeMartini

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Laurie DeMartini

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Margie DeMartini

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Mark A.

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10.

Renate DeMartini

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Timothy J.

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Timothy P. DeMartini

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13.

Richard Hawkins

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Newell Humpherys

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Susan K. McGuire

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Kevin Parker

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Greg Baerreson

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Jim Gates

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19.

Bill Divis

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20.

Douglas Johnson

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21.

Mark Cunningham

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E. Shephard

DeMartini
DeMartini

(Jim) C. DeMartini

DeMartini

DeMartini

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Andy Cassano

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A person most knowledgeable from Westamerica Bank

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A pers on most knowledgeable from Wells Fargo Bank

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A perso n most knowledgeable from Bank of America

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Nevada County Sherif f's Office

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Walp & Associates

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Michae l

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Michael DeMartini

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Matthew DeMart i n i

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Matthew DeMart ini

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A per son most knowledgeable from Vossloh Signaling, Inc.

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Advanced Towi ng,

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John Bilheimer

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Preston Will i ams

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Pete Massett

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Scott Brown

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39.

Mark Gilmartin

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Each party may call a witness designated by the other.

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A.

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(Deputy Johnson)

(Sheri Gai lbreath)

DeMartin i,

3362 Me ridian Ct.
(designated as expert)

(designated as expert)

Inc

(Ryan Condon, Chuck Collins)

No other witnesses will be permitted to testify unless:
(1)

The party offe ring the witness demonstrates that the

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witness is for the purpose of rebutting evidence which could not be

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reasonabl y anticipated at the Pretrial Conference, or

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(2)

The witness was discovered after the Pretrial

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Conference and the proffering party makes the showing required in

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"B" below.

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B.

Upon the po st-Pretrial discov ery of witnesses, the

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attorney shall promptly inform the court and opposing parties of

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the existence of the unli ste d witnesses so that the court may

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conside r at trial whether the witnesses shall be permitted to

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testify.

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( 1)

(2)

(3)

If time permitted , counsel proffered the witnesses

for deposi t i on;

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The court and oppos ing counsel were promptly

notified upon discovery of the witnesses ;

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The witnesses could not reasonably have been

discovere d prior to Pretrial ;

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The evidence will not be pe rmitted unless:

( 4)

If time did not permit, a reasonable summary of the

witnesses' testimony was provided opposing counsel.

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XI . EXHIBITS , SCHEDULES AND SUMMARIES

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Plai ntiffs '

list of exhibits is attached hereto as Exhibit 1.

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Defendants '

list of exhibits i s attached hereto as Exhibit 2.

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Each party may use an exhibit de signated by the other.

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A.

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unless:

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No other exhibits will be permitted to be introduced

(1)

The party proffering the exhibit demonstrates that

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the exhibi t

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not be re asonably anticipated at the Pretrial Conference, or

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i s for the purpose of rebutting evidence which could

(2)

The exhibit was discovered after the Pretrial

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Conference and the proffering party makes the showing required in

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paragraph " B," below .

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B.

Upon the post-Pretr i al discovery of exhibits, the

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attorneys shall promptly inform the cou rt and opposing counsel of

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the exist ence of such exhibits so tha t

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trial thei r admissibility .

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unless th e proffering party demonstrates:

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( 1)

the court may consider at

The exhib its will not be received

The exhibits could not reasonably have been
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disco v ered prior to Pretrial ;

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(2)

The court and counsel were promptly informed of

their e x istence;

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( 3)

Counsel forwarded a cop y o f t he e x hibit ( s)

(if

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physicall y possible) to opposing co u n sel.

If the e x hibit(s) may

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not be copied, the proffering counsel mu s t

show that he has made

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the e x hi bit(s)

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counsel.

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reasonably available fo r inspection by opposing

As to each exhibit , each party is ordered to e x change copies

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of the exhi bit not later than fourtee n ( 14) days before trial.

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Each part y i s then granted f ive (5) d a y s to file and serve

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objecti ons to any of the exhibits .

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party is to set forth the grounds for th e objection.

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shall pr e - mark t heir respective exhib i ts in accord with the Court's

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Pretria l Or der.

Exhibit stickers ma y be o btained through the

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Clerk's Office .

An original and one (1 ) c op y of the exhibits shall

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be pre sen t ed to Harry Vine , Deputy Co urtr o om Clerk, at 8:30 a.m. on

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the date set for trial or at s uch ea rlier time as may be agreed

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upon .

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at: h vine@ c aed. uscourts.gov .

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objected to , it shall be marked and may be received into evidence

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o n moti o n and will require no further f o u nda t ion.

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which is objected to will be marked f o r identification only.

Mr . Vi ne ca n be contacted at

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In mak ing the o bjection, the
The parties

(9 16 ) 93 0-4091 or via e-mail

As to ea c h exhibit which is not

Each e x hibit

XII . DISCOVERY DOC UMENTS

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Plaintiffs :

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1.

The dep osi tio ns of Michael DeMa rtini taken on December 8,

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2016, and January 21 , 2017 and all exh ibit s a ttached to those

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depositi o n s ; the expert depos i tion a nd exhibits attached thereto of

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Michael DeMartini taken on March 22 , 2017

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Michael DeMartini is admitted as an expert witness); Deposition of

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Renate DeMartini taken on November 7, 2016 and exhibits attached

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thereto.

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2.

(only in the event that

Interrogatories propounded by Plaintiffs to Defendants

and the resp onses thereto by Defendants.
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Demand to produce documents propounded by Plaintiffs to

Defendants and the responses thereto by Defendants.
4.

Requests for admiss ions propounded by Plaintiffs to

Defendants and the responses thereto by Defendants.

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Defendants:

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1.

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Timothy P.

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2.

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3.

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Timoth y P.

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DeMartini, Set One , 11/18/16.
Response by Timothy DeMartini to RFA' s Propounded by

Michael DeMartini Set One , 12/17/16

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Request for Admissions from Michael J. DeMartini to

4.

Request for Admissions from Michae l J. DeMartini to
DeMartini , Set Two, 12 /28/ 16.
Response by Timothy DeMartini to Requests for Admissions

Propounded by Michael DeMartini Set Two, 1/26/17.
5.

Request for Production of Documents Under Ru le 34 from

Michael J. DeMartini to Timothy P. DeMartini, Set One, 1/23/17.
6.

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Response by Timothy DeMarti ni to Demand to produce

Documents Propounded by Michael DeMartini set one, 2/22/1 7.
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7.

Request for Admissions from Renate DeMartini to Timothy

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P. DeM artini, Set One , 9/29/16.
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8.
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Request for Admissions from Renate DeMartini to Margie

DeMartini, Set One,
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9/29/16.

Response by Margie DeMartini to Requests for Admissions

Propounded by Renate DeMartini Set One,
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10/27/16.

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10.

Propounded by Renate DeMartin i Set One, 1 0/ 27 /16 .

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11.

12.

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02/14/17 Deposition of Grego ry Baerresen w/ Exhibits

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11 /16/16 Deposit i on of Sher i Gailbreath

(Transcript /Audiovisual) w/ Exhibits
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Respons e by Timothy DeMartini to Interrogatories

Propoun ded by Michael DeMartini Set One , 1/21 / 17.

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First Set of Interrogatories from Michael J. DeMartini to

Timoth y P. DeMartini , 12/23/16 .

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Response by Timothy DeMa rtini to Requests for Admissions

10/13/16 Deposition of Jon H. DeMartini

(Transcr ipt/Audiovisual ) w/ Exhibits
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10/ 21/16 Deposit i on of Pete Massett

(Transcript /Audiovisua l ) w/ Exhibits
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1/1 2/17 Deposition o f Margie DeMartini w/ Exhibits

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2/21/17 Deposition of Timothy DeMartini w/ Exhibits

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11/17/16 Deposition of Mark DeMartini

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(Trans cr ipt /Audiovisual) w/ Ex hi bits

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(Trans cri pt /Audiovisual) w/ Exhibits

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XIII. FURTHER DISCOVERY OR MOTIONS

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Pursuant to the court 's Status Con ference Order, all discovery
and law and motion was to have been condu c ted so as to be completed
as of the date of the Pretrial Confer en ce.
confirmed.

However , any such agreement will

not be enforceable in th is court .
XIV. STIPULAT I ONS

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That order is

The parties are free to do anything they desire

pursuant t o informal agreement .

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11/17/16 Deposition of Preston Williams

None.

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XV. AMENDMENTS/DISMISSALS
Pla intiffs brought a motion to amend before this Court which

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added two trustee defendants in relat ion to their third cause of

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action seekin g dissolution of a partnersh ip and the partition of

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the partnership's owned property.

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Defendants have appealed that motion.

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XVI. FURTHER TRIAL PREPARATION
A.

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The Court granted that motion.

Counsel are directed to Local Rule 285 regarding the

contents of trial briefs .

Such brie fs should be E-filed seven (7)

days prior to trial , i . e ., April 9 , 2018.

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B.

Counsel a re further directed to confer and to attempt to

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agree u pon a joint set of jury instruct i ons .

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instructi ons shall be lodged via ECF with the court clerk seven (7)

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calendar days prior to the date of the trial, i.e., April 9, 2018,

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and shall be identified as the "Jury Instructions Without

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Objection."

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parties shall submit the instruction(s) via ECF as its package of

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proposed jury instructions three days before trial, i.e., April 13,

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2018.

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"Jury In structions Without Objec ti on u and should be clearly

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identifi ed as "Disputed Jury Instruct ionsu on t he proposed

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instructions.

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The joint set of

As to instructions as to wh i ch there is dispute the

Th is package of proposed instruct i ons should not include the

The par ties shall e - mail a set of all proposed jury

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instructi ons in word format to the Court's Judicial Assistant, Jane

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Klingelhoet s , at : jklingelhoets@ca e d.uscourts.gov .

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C.

It is the duty of counse l to ensure that a hard copy of

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any dep osition which is to be used at trial has been lodged with

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the Clerk of the Court pursuant to Local Rule 133(j).
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The

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depositions shall be lodged with the court clerk seven (7) calendar

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days prior to the date of the trial .

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failure to discharge this duty may result in the court precluding

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use of th e deposition or imposition of such other sanctions as the

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court deems appropriate.

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D.

Counsel are cautioned that a

The parties are ordered to E-file with the court and

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exchange between themselves not later than one

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trial a statement des ignating portions of depositions intended to

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be offered or read into evidence (except for portions to be used

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(1) week before the

only for impeachme nt or rebuttal).

E.

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The parties are ordered to E-file with the court and

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exchange betwe e n themselves not later than one (1) week before

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trial the portions of Answers to Interrogatories and/or Requests

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for Admissi on which the respective parties intend to offer or read

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into evidence at the trial

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impeachment or rebuttal).

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F.

(except portions to be used only for

Each party may submit proposed voir dire questions the

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party would lik e the court to put to prospective jurors during jury

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selection.

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week pri or to trial.

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G.

Prop osed voir dire should be submitted via ECF one (1)

Each party may submit a proposed verdict form that the

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party would like the Court to use in this case.

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forms should be submitted via ECF one (1) week prior to trial.

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H.

Proposed verdict

In limin e motions shall be E-filed separately at least

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ten (10) days prior to trial, i.e., April 6, 2018.

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briefs shall beE- filed five

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11, 2018.

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Ill

Opposition

(5) days prior to trial, i.e., April

No reply briefs may be filed.

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XVII . SETTLEMENT NEGOTIATIONS

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No fur ther formal Settlement Con ference will be set in this
case at thi s time.
XVIII. AGREED STATEMENTS

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supra .

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See paragraph III ,

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XIX.

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Plainti ff~ request that the tria l

SEPARATE TR IAL OF ISSUES
be bifurcated is denied,

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however, th e equitable cause of action for partition of the Grass

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Valley Rea l

Property will be decided by the Court, and the breach

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of contrac t

cause of action will be tried and decided by a jury.
XX . IMPARTIAL EXPERTS/LIMITATION OF EXPERTS

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None.

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XXI. ATTORN EYS'

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FEES

The matter of the award of attor ne y s'

fees to prevailing

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parties pu rsuant to statute will be handled by motion in accordance

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with Lo ca l Rule 293.

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XXII. MISCE LLANEOUS

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None.

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XXIII. ESTIMATE OF TRIAL TIME/TRIAL DATE

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The parties est i mate three

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trial.

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(3)

to five

(5)

court days for

a.m.

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Tri al will commence on o r about April 16, 2018, at 9:00

Counsel are to call Harry Vine , Courtroom Deputy, at

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(916)

930-4091,

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the trial date.

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Ill

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///

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one week prior to tria l to ascertain the status of

///

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XXIV. OBJECTIONS TO PRETRIAL ORDER

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Each party is granted seven (7) days from the date of this

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Pretrial Order to object or respond to it via ECF.
IT IS SO ORDERED .
DATED: February 20, 2018.

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EXHIBIT 1

Plaintiffs' List of Exhibits, Exhibit 1

1.

Deed recorded May 24, 1977, as Instrument No. 13664 in

the Office of the County Recorder of Nevada County from Harold
J. Gleason and Mildred Gleason to James P. DeMartini and Thelma
DeMartini, and to Timot h y P. DeMartini and Margie DeMartini
regarding property commonly known as 12759 Lorna Rica Drive,
Grass Valley, California.
2.

Deed recorded October 17, 1977, as Instrument No.

29428 in the Office of the County Recorder of Nevada County from
James and Thelma DeMartini and Timothy and Margie DeMartini to
James and Thelma DeMarti ni, Timothy and Margie DeMartini, and
Michael and Renate DeMartini regarding property commonly known
as 12759 Lorna Rica Drive, Grass Valley , California.
3.

Deed recorded December 31, 1984, as Instrument No. 84-

32361 in the Office of the County Recorder of Nevada County from
James C. DeMartini and Timothy P. DeMartini, trustees of the
marital trust under the will of James P. DeMartini dated
December 9, 1982 to Thelma DeMartini regarding property commonly
known as 12759 Lorna Rica Drive, Grass Valley, California.
4.

Deed re corded December 3 1, 1984, as Instrument No. 84-

32363 in the Offi ce of the County Recorder of Nevada County from
Thelma DeMartini to Timothy P.

DeMartin~

and Margie DeMartini

and Michael and Renate DeMartini regarding property commonly
known as 12759 Lorna Rica Drive, Grass Valley, California.

1

5.

Promissory note dated April 30, 1998, among Michael

DeMartini, Renate DeMartini, Timothy DeMartini and Margie
DeMartini as obligors, and Westamer i ca Bank as beneficiary in a
principal sum equal to $250,000.00 (hereafter , "the Bank Loan").
6.

Deed of Trust Recorded May 15, 1998, as Instrument No.

98014448 in the Office of the County Recorder of Nevada County
with Michael DeMartini, Renate DeMartini, Timothy DeMartini and
Margie DeMartini as trustors, and Westamerica Bank as
beneficiary ("Deed of Trust").
7.

Letter dated April 22, 20 14, from Chris Skinner of

Westamerica Bank to Timothy DeMartini and Margie DeMartini
relating to the Bank Loan maturity on June 1, 2014.
8.

Change of terms agreement relating to the Bank Loan

dated February 27, 2014, executed by Michael DeMartini, Renate
DeMartini, Timothy DeMartini and Margie DeMartini extending the
term of the Bank Loan from March 1, 2014 to June 1, 2014 in a
principal amount equal to $140,125.74.
9.

May 12, 2014, e-mail from Susan Kay McGuire to Michael

DeMartini regarding the pre-approved renewal paperwork relating
to the Bank Loan or demand to pay one half of the Bank Loan .
10.

May 16, 2014, facsimile from Susan Kay McGuire to

Michael DeMartini containing a letter from Tim DeMartini to
Michael DeMartini regarding the redemption of the
on June 1, 2014.

2

Bank Loan due

11.

May 16, 2014, Letter from Timothy DeMartini to Michael

DeMartini regarding the redemption of the Bank Loan due on June
1, 2014.
12.

Check dated May 23, 2014, in the sum of $137,212.31

drawn on the checking account of Timothy DeMartini and Margie
DeMartini payable to Westamerica Bank for the redemption of the
Bank Loan.
13.

June 2, 2014, loan transmittal letter from Westamerica

Bank referencing the payoff of the Bank Loan in a sum equal to
$137,212.31 from Timothy and Margie DeMartini.
14.

May 23, 2014, Westamerica Bank commercial loan payoff

quote for the Bank Loan.
15.

May 27, 2014, e-mail and U.S. mail certified receipt

letter from Susan Kay McGuire to Michael DeMartini regarding the
Bank Loan, payoff quote, change in terms agreement, receipt by
Westamerica bank of the redemption payment by Timothy and Margie
DeMartini regarding the Bank Loan, and Westamerica payoff quote,
proof of mailing, and proof of facsimile transmission.
16.

May 30, 2014, letter sent Federal Express

(with proof

of delivery) from Susan Kay McGuire to Michael DeMartini
containing Timothy DeMartini's letter to Michael DeMartini and
rejecting Michael DeMartini's offer to pay .5% interest per
month on Michael and Renate's obligation to pay one half of the
$137,212.31 paid by Timothy and Margie to redeem the Bank Loan.

3

17.

June 2, 2014, e-mail from Susan Kay McGuire to Michael

DeMartini containing Timothy DeMartini's letter to Michael
DeMartini of May 30, 2014 rejecting Michael DeMartini's offer to
pay .5% interest per month on the $137,212.31 paid by Timothy
and Margie to redeem the Bank Loan, proof of mailing of May 30,
2014 of Ms. McGuire's letter to Michael DeMartini, and proof
facsimile to Mi chael DeMartini.
18.

June 2, 2014 transmittal letter from Westamerica bank

to Michael DeMartini of the cancelled (paid) Bank
Loan/promissory note, deed of reconveyance of the Deed of Trust
in recordable form, and filed UCC financing statement filed on
June 3, 2014 as File No. 147413109 in the Office of the
California Secretary of State.
19.

Deed of Reconveyance (reconveying the Deed of Trust)

recorded June 12, 2014, as Instrument No. 20140010933 in the
Office of the County Recorder of Nevada County.
20

June 23, 2014, letter from Timothy DeMartini to

Michael and Renate DeMartini notifying them of the redemption by
Timothy and Margie DeMartini of the Bank Loan and demanding
repayment.
21.

Appraisal report dated December 5, 2016, authored by

Daniel R. Ketcham and Associates regarding property commonly
known as 12759 Lorna Rica Drive, Grass Valley, California.

4

EXHIBIT 2

Defendants' List of Exhibits, Exhibit 2

ECF Doc/
Source
A.
B.

Ref Date
04/29/15
06/03/15

Document or
Item Description
Declaration of Timothy P. DeMartini w/ Ex. A-S
Transcript Excerpt from deposition of Timothy
P. DeMartin i August 9, 2010

c.

06/03/15

D.

06/03/15

E.

06/03/15

F.

06/03/15

G.

06/03/15

Michael DeMartini Notes re. Agreement with
Timothy DeMartini

H.

06/03/15

Matthew DeMartini Declaration

I.

06/03/15

Michael DeMartini Declaration

J.

02/25/98

K.

05/15/98

L.

05/15/98

M.

04/01/98

N.

02/25/98

0.

03/17/14

Copy of $2,000 discovery sanctions check
signed by Timothy P. DeMartini
Joint Stipulation regarding Discovery
Register of Actions report, Marin County
Superior Court
Joint Stipulation regarding Discovery

Fax to WestAmerica Bank to Brian Kendeff
Deed of Trust for WestAmerica Bank
Deed of Trust for WestAmerica Bank Exhibit A
Loan Disbursement Authorization $250,000
principal
Nevada County Building Permit Receipt $252,000
/pValuation with Attachments
Letter from Peter H. Cutt itta regarding
WestAmerica Bank Loan

1

P.

Q.

05/07/15

DeMartini Brothers Construction Co. Income by
Customer Detail 2002 to 2014

09/15/14
Fax from Susan K. McGuire regarding Temporary
Restraining Order

R.

08/01/75
Check No 120 for $450.00 to Timothy DeMartini,
Gold County Bank front and back w/ the back of
another check to show the check stamp.

s.

08/15/74

T.

10 /07/76

u.

12/08/75

V.

12/08/75

W.

12/08/75

X.

04/09/77

Y.

07/20/77

z.

Nevada County Parcel Map 133 (the Coan Ranch)
Copy of letters rece i ved back from Paul c.
DeMartini with his signatures accepting offers
for the Coan Ranch property
Grant Deed to Michael and Renate DeMartini,
file no 25096 re. Coan Ranch
Grant Deed to Timothy and Margie DeMartini,
file no 25094 re. Coan Ranch Note: Document
altered
Grant Deed to Timothy and Margie DeMartini,
file no 25094 re. Coan Ranch

07/26/77

Copy of Co an Ranch Survey Field Notes cover
sheet, MJD & TO
Check No 282 for $560.00 to DeMartini Company,
Gold County Bank front and back
Structural Cales, Gene

AA.

07/15/77

BB.

03/02/79

cc.

04/25/78

s.

Porter, Inc. 2 pages

VP Building Fabrication Shipp ing List
1978 DeMartini
pages

&

Sons Income Tax documents, 10

Check No 376 for $5000.00 to DeMartini
Company, Gold County Bank front and back

2

DO.

12/10/85
Lease Agreement - Design Build, Fuel
Harvesters, Inc. and Michael J. DeMartini &
Timothy P. DeMartini, a general partnership

EE.

03/01/84
Development Plan, Air Park Equipment Shop,
Sheet DP-1. Engineer, Mjichael J. DeMartini

FF.

01/15/92
Lease Agreement, Diablo Manufacturing, Inc.
and Michael and Timothy DeMartini, a general
partnership, faxed by DeMartini RV Sales on
March 30, 1998 to Michael DeMartini

GG.

06/15/98
Lease Agreement, Diablo Manufacturing, Inc.
and Michael and Timothy DeMartini, a general
partnership

HH.

09/28/98
Lease Agreement - Design Build , Electronic
Carbide Process and Michael J. DeMartini &
Timothy P. DeMartini, a general partnership

II.

10/09/08
Settlement Agreement and Mutual Release,
Electric Carbide, Inc., et al and DeMartini
Brothers Construction, et al, 12757 Lorna Roica
Drive, Grass Valley, CA 95945

JJ.

10/09/08
Fax dated August 29, 2018 from DeMartini RV
Sales to Michael DeMartini from Tim & Margie 2 pages and Fax Jurnal Report showing that fax
was received on October 9, 2008.

KK.

11/01/06
Proof of Publication of Fictitious Business
Names, 0610895 Endorsed by Sacramento County,
CA, DeMartini Brothers Const ruction and
DeMartini & Sons

LL.

05/05/14
Proof of Publication of Fictitious Business
Names, FBNF2014-02266 Endorsed by Sacramento
County, CA, DeMartini Brothers Construction
and DeMartini & Sons

3

MM.

01/28/14
WestAmerica Bank Star Connect Plus for
Business, Accounts xxxx795-1 and xxxx930-4
General Partnership Accounts

NN.

09/15/14

Email from partner Michael to
[e-mail] regarding WestAmerica Bank
Account

00.

08/27/14

Nevada County Sheri ffs Office Activity Log
with highlight box

PP.

06/05/14
Email to Tim@demar tini.com from partner
Michael regarding Fire Alarm Phone Bills,
Partnership Business

QQ.

08/05/14
I

RR.

Fax dated August 5, 2014 from Michael
DeMartini to Timothy DeMartini Re. WestAmerica
Account

08/11/14
Email from Timothy A. Stanfield of AT&T to
Michael, [e-mail] regarding returned
payment

ss.

08/26/14
Email thread between Susan K. McGuire and
Michael DeMartini regarding AT&T telephone
account and the partnership, 2 pages

TT.

08/04/11

uu.

08/29/14

Mise documents regard ing San Anselmo a San
Anselmo property that Timothy and I were
owners
Photo taken by Michae l DeMartini of label on
bale of building insulation shipped to
DeMartini Brothers (Construct ion)

VV.

11/15/78
Grant Deed to DeMartini & Sons, 12731 Lorna
Rica Drive, File No. 34526 Nevada County
California, 1 page

ww.

11/15/78
Deed of Trust to Bank of America, 12731 Lorna
Rica Drive, File No. 34527 Nevada County
California, 3 pages

4

XX.

07/24/14
Fax dated July 24, 2014 to Timothy DeMartini
from Michael DeMartini regarding Lorna Rica
12759 and 1273 1 A to H

YY.

08/01/14
Email to Tim@demartin i.com from partner
Michael regarding occupation of 12759 Lorna
Rica Dr., Grass Va lley, CA

zz.

08/23/14
Photo P1030203 taken by Michael DeMartini of
window building at 12759 Lorna Rica Dr., Grass
Valley, CA

AAA.

08/27/14
Four Mise photos taken by Michael DeMartini on
August 27, 2014 at 12759 Lorna Rica Dr., Grass
Valley, CA

BBB.

CCC.

11/10/16

Exhibits A-C to Pleading Opp to Quash

06/03/15
DECLARATION of Renate DeMartini in OPPOSITION
TO Motion to Compel counter-claimants to post
security for costs.

DOD.

08/09/10

Deposition of Timothy P. DeMartini.
and 8/10/10)

EEE.

06/29/15

Stipulation and Order for return of bond with
interest

FFF.

11/04/15

Exhibit A-H to the Declaration of Michael J.
DeMartini

GGG.

07/18/16

Exhibit A-G to the Second Amended Answer and
Counterclaims

HHH.

11/08/16

III.

11/29/16

(8/9/10

Exhibit H to the Decl. of Ch ristian Kemos
Exhibit H to the Decl. of Christian Kemos

JJJ.

12/05/16

DECLARATION of Yasmin Quilat

KKK.

12/05/16

Exhibit A to Defendants Statement

LLL.

12/12/16

Dec lar ation of Renate DeMartini,

MMM.

12/12/16

Declaration of Michae l DeMartini

5

NNN.

12/16/16

Decl. of Dustin Grate

000.

12/16/16

Decl. of Bechtold

PPP.

12/16/16

Decl. of Doll

QQQ.

12/16/16

Decl. of Hopkins & Attach. Ex. A

RRR.

12/19/16
DECLARATION of Kirk Rimmer w/ Exh. A-C

sss.

12/19/16

TTT.

12/19/16

Decl. of Timothy DeMartini
REQUEST for JUDICIAL NOTICE w/ Exh. A-E

uuu.

12/19/16

Decl. of Renate DeMartini

vvv.

12/19/16

Decl. of Michael DeMartini

www.

12/20/16

Decl. of Renate DeMartini w/ Ex. A

XXX.

12/21/16

Exhibits submitted at hearing

YYY.

12/21/16

Transcript of hearing on TRO

zzz.

01/05/17

AAAA.

01/13/17

Decl. of Michael DeMartini

BBBB.

02/01/17

Motion to Compel

ecce.

02/01/17

DODD.

02/17/17

NOTICE of Inability to Serve by Michael J.
DeMartini

EEEE.

02/17/17

Motion to Amend 195,195-1,195-2

FFFF.

03/08/17

Ex. A to Motion to Req. Bond

GGGG.

09/01/17

HHHH.

03/22/17

Decl. of Michael DeMartini w. Ex. A and B

Declaration of Michael J. DeMartini

CIVIL DOCKET FOR CASE #: 2:14-cv-02722-JAM-CKD
Decl. of Michael DeMartini w/ Ex. 1-7

IIII.

03/22/17

Opp. to Req. to Post Bond w/ attached Decl. of
MJD and RBD

JJJJ.

03/24/17

Decl. of K. Rimmer, Decl of T. DeMartini. 2023 - 202-6

KKKK.

05/01/17

F&Rs of Magistrate

6

LLLL.

05/15/17

Aff.s' of RBD and MJD 216-2,216-3 w/ Ex. AD,216-4 w/ Ex. A-L

MMMM.

05/15/17

Resp. to F&Rs

NNNN.

05/26/17
Req. to File Excerpt w. Decl. of MJD

0000.

06/01/17
SUPPLEMENTAL DEPOSITION TRANSCRIPT EXCERPT

PPPP.

06/09/17

RJN w/ Ex. A-B

QQQQ.

06/13/17

Errata Notice RJN w/ Ex. A-B

RRRR .

05/31/17

Hearing Transcript

ssss.

07/10/17

RJN w/ Attachment

TTTT.

08/29/17

Obj. to F&R w/ Ex. A-B (Bank card + Balance
Sheet/taxes)

uuuu.

08/30/17

Req. to Seal w/ Ex.

vvvv.

08/27/14

Audio Recording
009] .m4a)

wwww.

(~1:15:25;

Voice 006[-

Evidence Bag w/ F C 9MM LUGER Casing

xxxx.

08/29/17

YYYY .

06/08/05

Westamerica Bank Signature Card
DeMartini Brothers Construction (Balance
Sheet, Liabilities and Equity, Statement of
Income, u.s. Form 1065, Form 4562, CA From
5 65' CA Form 3885

zzzz.

09/22/16

AAAAA.

08/27/14

Email from Kirk Rimmer to M. DeMartini
Fax from Susan K. McGuire and Emails

BBBBB.

07/15/17

Photo of adjacent Lorna Rica parcel

ccccc.

06/10/15

Decl. of Timothy w/ Ex. G-H

DDDDD.

06/01/17

Pl.s' Second amended complaint

EEEEE.

03/01/13
Fax dated March 1, 2013 from Ms. McGuire

FFFFF .

Mise

GGGGG .

05/04/99

demartin i rv.com web site archives
Letter to Patrick Norman
7

HHHHH.

06/21/04

IIIII.

Mise

JJJJJ.

04/11/77

Co an Ranch Aerial Photography

KKKKK.

05/07/77

Pel 2 of lot 13 plot plan

LLLLL.

05/30/05

Coan Ranch development plan

MMMMM.

12/04/06

NNNNN.
00000.

06/89

Email from John Baker to Michael
Mead Notebook Air Park Pha$e II

Computer plot of elevation model DeMartini RV
Air Park Phase 2 Development Plan Sheet DP-1

12/97
Air Park Equipment Shop Phase II, Details and
Structural Notes S-2, Foundation Plan S-1

PPPPP.

3/98

QQQQQ.

01/98

Warehouse lighting plan Air Park Phase II
E2, E3)

(E1,

Landscape plan Air Park Manufacturing L-1
RRRRR.

06/19/05
Site plan, grading plan GP-1,
elevation, parcel map

sssss.

10/30/90

TTTTT.

Floor plan ( 3) '

07/31/92

Tim DeMartini Mike DeMartini Fax
Financial statements of DeMartini Trust-Thelma

uuuuu.

12/31/88

vvvvv.
wwwww.

08/27/14

Photos/videos at airport

08/29/14

Photos at airport

xxxxx.

06/25/14

Disc. w/ Greg at 12731 Lorna Rica

YYYYY.

12/01/16

Emails with Rimmer Re: Explosion @12731 Lorna
Rica

zzzzz.

12/05/16

Email with Rimmer Re: Explosion @12731 Lorna
Rica

AAAAAA

12/13/16

Financial statements of DeMartini Trust-Thelma

Emails with Fire Marshal re fire ball
BBBBBB

12/01/16
Video of explosion @12731 Lorna Rica

8

cccccc

12/01/16
Facebook website screenshots and downloads re,
12731 Lorna Rica (Williams)

DDDDDD
EEEEEE
FFFFFF

09/12/16
10/11/16

Photos at Air Park Buildings/Vicinity
Audio of meeting with Advanced Towing, Inc

05/12/14
Correspondence between Michael and Timothy Re:
development of property

GGGGGG

09/01/13
Email from Timothy to others re: electrical

HHHHHH

03/17/14

II III I

05/01/14

JJJJJJ

Correspondence from Timothy refusal re: loan

05/11/14

Correspondence from Timothy will not
communicate
Email from Timothy to other re: management

KKKKKK

05/12/14

Timothy correspondence re: communicate through
intermediares

LLLLLL

06/23/14

Corres. Timothy refusal of check for loan
payment

MMMMMM

06/27/14
Corres. Timothy refusal to retain attorney

NNNNNN

07/18/14
Corres. Timothy refusal of check for loan
payment, letters in unmarked envelope,
partnership matters through representative

000000

02/22/17
Exhibits from DVD 7 Utilized for Timothy
Deposition, w/ Preston related files

PPPPPP

05/07/15
Doc. From discovery:
20150507 - QuickBooksincome12757-61LomaRica.pdf

QQQQQQ

04/15/92

Doc. From discovery:
19920415 - DBC - IncomeTaxes1991.pdf

RRRRRR

04/15/87

Doc. From discovery:
19870415 - DBC - IncomeTaxes1986.pdf

9

-

--·--- -- - - - - - - - - - - - - - - - - - - - -

ssssss

04/15/87

TTTTTT

06/23/14

Doc. From discovery:
19870415 - DBC_Accounting1986.pdf
Doc. From discovery:
20140623 - EmailsToTim2014ToDateReAirport.pdf

uuuuuu

07/21/98
/

vvvvvv

10/15/14

wwwwww

10/13/14

XXX XXX

10/15/14

YYYYYY

Doc. From discovery: 19980721apsite Layout1
(1). pdf
Doc. From discovery: MDVideos20141015 (folder)
Doc. From discovery: MDPhotos20141013-15
(folder)
Doc. From discovery: 20141015 (folder)
Video Viewer from Security Footage

.exe

06/18/14
Doc. From discovery:
FAXS20140618 - 143134 - 0001.tif

zzzzzz

Note
Defendants picked out the best they could
exhibits from discovery DVD 1-7 that was
previously produced to Plaintiffs. Plaintiffs
haven't meet/conferred yet regarding pretrial
and they area that Plaintiffs intend to focus
on, and this case has an extensive 40 year
history.

10