2009-00053260-CU-PP

Angela Reddy vs. Kami Reddy

Nature of Proceeding: Motion to Appoint Ben Rivers as Real Estate Broker

Filed By: Reddy, Kami

Defendant Kami Reddy’s Motion to Appoint Ben Rivers as Real Estate Broker is
denied. Kami Reddy’s Motion for Order that Angela Reddy stop harassing the Motel
managers is denied.

Angela Reddy’s Objection to the late filed evidence with Kami Reddy’s Reply papers is
sustained. Evidence supporting the relief requested must be served with the moving
papers. CCP 1005(b).

On August 13, 2013 the Court appointed Angela Reddy as the winding-up partner of
the Manor Lodge Motel partnership (the “Motel”). On September 16, 2013, Kami filed
a motion to set aside the prior order which was denied. The Court ruled in part that
“[a]t the expiration of the 6 month contract with the current broker, Mr. Goldstein shall
not re-list the property with another broker without prior court approval.” It is not clear
from the parties’ papers what date broker Rocky White was hired. Kami contends that
White’s six month period is over and she would like the Court to chose Ben Rivers as
the broker. Ben Rivers is a specialty broker who specializes in selling motels.
However, his declaration in support of the motion does not establish that he meets the
court’s requirements (set forth in bold below) in the August 12, 2013 minute order that
the “realtor to be appointed by Angela Reddy shall be knowledgeable regarding the
sale of motels in Eastern Washington and associated with a reputable firm such as
Coldwell Banker. Angela contends that Ben Rivers does not have access to the
multiple listings which is important for marketing properties such as the Motel. Kami
states that since August of 2013, Rocky White has only brought one potential buyer to
the property. Kami also seeks an order from the court directing Angela Reddy to stop
harassing the motel managers by constant phone calls seeking information about the
Motel.

In opposition, Angela contends that Kami has not complied with the court’s order to
“provide such records in her possession relating to such sale to Angela Reddy within
seven days of request. She shall provide information to Angela Reddy to the extent
that Kami Reddy lacks such records to enable Angela Reddy to create such
records.” (See August 12, 2013 order) In Reply, Kami concedes that there was a
delay in providing the information because the former manager, “Jonothan” “crashed”
the Motel Computer with much of the financial information .

Angela states she informally requested financial documents from Kami by email on
September 18, 2013. She states that no documents were served until after she
propounded written discovery. She contends that Rocky White of Coldwell Banker has
not been able to market the property adequately until the incomplete documents were
provided on March 12, 2014. Angela contends that Rocky White’s six month period
should not be deemed expired since he has not had six months to market the property
due to the lack of financial documents until February.

Angela contends that Ben Rivers does not meet the qualifications of the court’s prior
order since there is no statement in his declaration about his firm’s affiliation. Angela
contends he is a small independent broker. She contends that after the Court
appointed Rocky White, Ben Rivers, who had been the broker for the sale to the
Reddys, continued to list the Motel on his website even though he was not the court
appointed broker.

The Court is persuaded after reading the declarations in support of and in opposition to
the motion that Kami Reddy unreasonably delayed in providing the required financial
information to allow the Motel to be adequately marketed. The Court is persuaded
based on the Declaration of Rocky White that he meets the requirements of the Court’s
August 2013 order. Rocky White states that he has found a potential buyer who had
been ill but is currently looking for financing. (White Declaration paragraph 5) Other
potential buyers were discouraged due to lack of available financial information. (White Declaration ¶ 6)

The Court is extending the period in which Rocky White may market the property until
August 14, 2014 (six months from the time some of the required records were
produced.) The Court will revisit this issue after August 14, 2014, upon the filing of a
motion by either party.

The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or further notice is required.