2013-01-07 | dennis montgomery supp decl re edra blixseth docs

8/20/2019 2013-01-07 | Dennis Montgomery Supp Decl Re Edra Blixseth Docs

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1 CHRISTOPHER J. CONANT

Cal. BaJ No. 244597

730 17tn street

Suite 200

Denver, Colorado 80202

Telephone: (303) 298-1800

4 Facsimile: (303) 298-1804

Email: [email protected]

5 Attolmey for Timothy L

.

Blixseth

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8 supsRloR cokm'r oF CALIFORNIA FoR THE couxTv olr RIVERSloE

9 h Marriage of: Case No

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RIDIND9I 152n re t e

gReassigned to Dept. 10 from Dept. F501)0

Petitioner: Plaintiff

11 SUPPLEMENTAL DECLARATION OF

and osxxls L

.

MONTGOMERY

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Respondent: Timothy L. Blixseth Judge: sharon J

.Waters

13 j January 14

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20l 3ear ng:

Time: 8:30 a.m.4

Dept. 10

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DECLARATION OF DENNIS L. MONTGOMERY

Case: 12-35986 08/21/2013 ID: 8751547 DktEntry: 56 Page: 22 of 111 Case: 12-35986, 05/01/2014, ID: 9080331, DktEntry: 98-3, Page 23 of 112

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1, Dennis L. Montgomery, do hereby declare as follows:

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1. l mn over 18 years of age and have personal knowledge of the facts stated below.

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lf called as a wimess, I could and would testify competently to them.

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.. I have reviewed the Declaration of Dennls Holahan and Edra D. Blixseth filed in

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this matter and have the following comments.

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3. Edra Blixseth sGtes that she did not share office space w1t.11 me and that she only

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occasionally set up a laptop in the conference room. 'rhis is false. As the pictures attached hereto

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as Exhibit 1 demonstrate, Ms. Blixseth set up an omce with me in PCI's oftke space, and had

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n'lmerous computers, including her laptop, files, boxes of documents, furniture and personal

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effects. This is reflected by the pictures of her desk and her personal effects tlken in PCI's

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omces where I worked alongside of her in 2011 and 2012, which pictures are attached hereto as

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Exhibit 1.

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4. Ms. Blixseth's suggestion that l stole docllments from her computers and

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electronic storage devices is completely false. Ms. Blixsdh intentionally left her computers and

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electrorlic storage devices in my custody and control and she in fact abandoned these items to me

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in 2012.

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5. Mr. Flylm has not KgiAed'' the Yarrow Point property to me. I moved into the

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Yarrow Point property, which was my property until l filed my banknlptcy petition, without Mr.

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Flynn's consent. I was recently evicted 9om the house 1 was renting irl the Palm Springs area and

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so l moved into the Yan'ow Point property house because I needed a place for me and my wife to

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live and 1 knew it was vacant and that Bnnk of America had not yet completed the foreclosttre

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process. Bank of America holds a first position mortgage on the property semmng a loan of more

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than $2.4 million and is in the process of foreclosing on its mortgage. The Yarrow Point property

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is also subject to a $26.5 millionjudgment lien in favor of Warren Trepp and his company. I

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know that in my bankrnptcy Mr. Flynn plzrchased the Yarrow Point property subject to the Bnnk

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of America mortgage and the $26.5 millionjudoent lien out of my banknzptcy esGte, but. it is

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abstlrd for Ms. Blixseth to suggest that Mr. Flynn %tgifted'' that property to me. Mr. Flynn's only

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interest in that property will be wiped out once Bank of America completes the foreclosm'e

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process. l do know that M.. Flynn purchased other asets out of my bnnknxptcy estate. Those

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other assets are primarily litigation claims that I owned before I liled for bnnknlptcy. Mr. Flynn

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has told me that he intends to pursue those litigation clnims in an attempt to collect upon

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approximately $800,000 ilzjudgments that 1 owe him.

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6. Ms. Blixseth has told me on several occœsions that she has paid her attorney

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Dennis Holahan approximately $350,000 over the last year and a half.

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7. Mr. Blixseth has never requested that 1 gain tmauthorized access into other

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peoples' email addresses, computers, websites or the like. Similarly, Mr. Blixseth has never

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requested that I obtain evidence for him in any illegitimate manner.

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8. By contrast, Ms. Blixseth and her attorney Deborah Klar repeatedly asked me to

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gain tmauthorized access into the phone records and email accolmts of Mr. Blixseth and his

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attorneys. Attached hereto as Exhibit 2 are two emails demonstrating this; one where is Ms.

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Blixseth asks me if she can have me gain access to Mr. Blixseth's emails; the other is where her

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attomey Deborah Klar asks me to find out the identity of Mr. Blixseth's cell phone service

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providers.

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9. Ms. Blixseth's claims that I altered and fabricated Exhibits 9-12 to my pdor

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declaration are false. I did not alter, forge, or fabricate any of the documents attached to my prior

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declaration.

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10. Ms. Blixseth's claim that she does not own FF&E Liquidators, lnc. is false. Ms.

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Blixseth repeatedly paid me for my serdces through FF&E Liquidators, lnc. and held out to me at

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a11 times that she was its owner and manager. Mr. Holahan formed it for her and as reflected in

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her many payments to me tlzrough FF&E Liquidators, Inc., she was at all times the beneficial

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owner thereof. Bmsed on a11 the money that Ms. Blixseth flmneled to me tlzrough FF&E

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Liquidators, lnca, I believe Ms. Blixseth is denying ownership thereof because she does not want

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the bnnk records of FF&E produced, as those records will retlects significant sums of money, al1

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of wllich are the assets of Ms. Blixseth.

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1 1. Ms. Blixseth has been shopping her testimony azotmd regrding the Credit Suisse

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loan œs that has been the basis for much of the liability that numerous parties have been

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attempting to pin on Mr. Blixseth for the last two years. Ms. Blixseth has told me on more than

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one occ%ion (with Dennis Holahan present on one of those occasions), that she wanted $10mil

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f'rom Tim Blixseth to change her testimony regarding Credit Suisse, or at the least not coopemte

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with them, or she would go to Credit Suisse and get it from them.

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1 declare tmder Nnalty of perjury of the laws of the State of California that the foregoing

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is true and coaect. Signed this 7th day of January, at Bellevue, Wmshington.

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De s . ont omery

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DECLAMTION OF DENNIS L. MONTGOMERY


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Exhibit1


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Exhibit2


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From: LearGzaaol.com

To: dennisancoder.net

Subject: thoughl?

Date: Sunday, August 19, 2007 10:25:59 AM

Dennis - Matthew and I have two spec homes that are on the market at YC. We know that Tim him

now twice pulled them from the home tours and is telling the sales guys not to show them or pushthem. Is there anyway to get the e-mail's from the sales guys or Tim if we do not have the control of

the sever? I am going to wait to write an e-mail to the sales guys, until I hear from you if there is

another way to go about it. Edra

PS Let me know when lsh wants to close the house.

This message and any attached documents may be confidential, privileged or both. If

you are not the intended recipient, you are not authorized to open, read, copy, store,

distribute or use this information in any way. Failure to comply with this notice may be

a violation of applicable Iaws concerning the receipt of electronic mail. If you have

received this transmission in error, please notify the sender immediately by replying

to this e-mail and then delete this message. Thank you.

********%***W************W************

Get a sneak peek of the all-new AOL at http'//discover.aol.com/memed/aolcom3otour


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From: Deborah A. Klar

To: Ncoder

Cc: LearGzaaol.com

Subject: Tim Blixseth

Date: Tuesday, November 20, 2007 10:48:30 AM

Dennis, Can I please get the names of the carriers Tim has recently signed up with

for cell service. l want to give that information to the Jaffe firm, so they can subpoena

Tim's phone records. Also, if you can get us the name of the prosecutor in Ontario,

that would be helpful. Best regards, D.A.K.

1.3 e b o r a ln /3- . 1 ( a t-

4lNV YANKELEVITZ SUNSHINE & REGENSTREIF LLP

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' )..u.,.y lloo Glendon Avenue l 14th Floor

Notice of Privilege/confidentiality privileged cnd Confidenticl information mtw be contained in this messcge. If

you ore not the addressee indicated in this message (or Remonsible for delivery of the meoage to Such personlw

vou mav not copy or deliver this messcge to cnyone. In such ccse, pou should destrog this message and kindly

notify the Sender bp reply emcil. please odvise immediatelg if gou or your emplover does not congent to lnternet

emcil for messoges of this kind. Opinions, conclusions cnd other information in this meBage that do not relate to

the official business of mp firm shall be understood c5 neither given nor endorsed bp it.

IR5 Circular 23O Disclosure: To ensure compliance with Treasurg Depa/ment Regulations, we odvise pou that

unle55 otherwise expresslv indiccted, any federal tcx advice contained in this communîcation wc5 not intended or

written to be used, and cannot be used, for the purpose of (i) cvoiding tax-related penalties under the Internal

Revenue Code or applicable Stcte or Iocul tox law provisions or (ii) promoting, marketing or recommending to

cnother partv anp tcx-related matter addressed herein.


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1 PROOF OF SERVICE

2 1, Christopher J. Conant, declare:

3 1 mn a resident of the State of Colorado and gver the age of eighteen years, and not

a party to the within action. My business address is 730 17*u Street, Suite 200, Denver, CO

4 80202. On January 7, 2013, 1 served the within documentts):

5 SUPPLEMENTAL DECLAM TION OF DENNIS L. MONTGOMERY IN

SUPPORT OF RESPONDENT'S MOTION TO LIFT STAY

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IZ by transmitting via facsimile the documentts) listed above to the fax numberts) set

forth below on this date.

8 I---I by placing the documentts) listed above in a sealed envelope with postage thereon

fully prepaid, in the United States mail at Denver, Colorado addressed as set forth

above.

10 IZ I oaused such envelope to be delivered via overnight delivery addressed as

indicated on the attached selwice list. Such envelope was deposited for delivery by1 1 ,PS f

ollowing the finu s ordinary business practices.

12 IZ via electronic/e-mail service. The documentts) listed above were served via e-mail

to the addressees listed.

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IZ By having a copy delivered personally to Mr. Holahan's office at the address listed

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Dennis J. Holahan

16 2049 Century Park East

Suite 3180

17 Los Angeles

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CA 90067

Fax: (707) 586.2983 8

[email protected]

Attorney for Edra D. Blixseth 9

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nm readily familiar with the filnn s practice of collection and processing

correspondence for mailing. Under that practice it would be deposited with UPS on that same

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ay with postage thereon fully prepaid in the ordinary course of business. 1 nm aware that on

motion of the party selwed, service is presumed invalid if postal cancellation date or postage

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geter date is more t14% one day aher date of deposit for mailing in a

23 h laws of the State of Colorado that the declare tmder penalty of perjury under t e

foregoing is true and correct.4

Executed on January 7, 2013- a nver, Colorado.

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Chlist J. Conant7

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POS


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2013-01-07 | dennis montgomery supp decl re edra blixseth docs

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