Credigy Receivables, Inc. Vs. Eugeni Kharen Et Al

Real Property/Housing Court Law and Motion Calendar for July 11, 2024 line 1. PLAINTIFF THE INFINITY OWNERS ASSOCIATION, A CONDOMINIUM PROJECT MOTION TO ENFORCE SETTLEMENT is GRANTED. No opposition filed. =(501/HEK) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.

Real Property/Housing Court Law and Motion Calendar for July 12, 2024 line 3. PLAINTIFF TING LO MOTION / Notice Of Motion And Motion is denied as to the portions of the motion seeking monetary sanctions, a partition order and an order for fees and costs. No sanctions is awarded against defendant Vivian Yuk Yung Lo because plaintiff has not shown that Ms. Lo failed to comply with any applicable rules, which is required for sanctions per CRC 2.30. The portions of the motion seeking a partition order and an order for fees and costs are not available on a pre-trial motion absent the parties' stipulation. The statement in Ms. Lo's CMC statement that "All parties agree to sell the property" is insufficient to support any of the relief sought by this motion because it does not address the necessary terms and logistics of the sale, the disposition of the proceeds of the sale, or payment of fees and costs. The portion of the motion seeking a meet and confer is misguided because CRC 3.724 is intended to require meet and confer regarding case management issues before the initial case management conference. However, review of the parties filings shows that the parties appear to desire and clearly need the assistance of a person experienced in assisting parties reach a settlement and thus the Court treats the portion of the motion regarding meet and confer as a request for a mandatory settlement conference and grants that request. The parties are required to participate in a mandatory settlement conference before the Honorable Jeffrey Ross. To facilitate the scheduling of that conference, no later than July 15 counsel for each side must send an email to Judge Ross at jross@sftc.org stating the name and number of this case, who they represent, and their cell phone numbers. =(501/HEK) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified, and the opposing party does not appear.

2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4 5 ) 6 VIVIAN AZAR, ) Case Number: FDI-21-795543 ) 7 Petitioner ) Hearing Date: July 9, 2024 ) 8 VS. ) Hearing Time: 9:00 AM ) 9 SHEFFIE KALAT-MALHO, ) Department: 404 ) 10 Respondent ) Presiding: ANNE COSTIN ) 11 ) 12 REQUEST FOR ORDER OF CHILD CUSTODY, VISITATION (PARENTING TIME), [X] ORDER 13 RETURN OF MINOR CHILDREN 14 TENTATIVE RULING 15 The parties are ordered to appear. The parties may appear in person in Department 404 or 16 remotely by Zoom video. If a party chooses to appear by video, that party must abide by the 17 Notice and Instructions for Remote Appearances in San Francisco Family Court set forth above. 18 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, 19 the Court makes the following findings and orders: 20 1) This Court has jurisdiction to make child custody orders in this case under the Uniform Child 21 Custody Jurisdiction and Enforcement Act. 22 2) The parties have two children together, Alanna age 10 and Joseph age 6. 23 3) This matter is set for a review hearing on visitation following the Court’s June 20, 2024 Findings 24 and Order After Hearing (issued after May 2, 2024 Court proceeding). 25 4) On June 27, 2024 Father filed an updated declaration. 26 5) On June 28, 2024 Mother filed an updated declaration. 27 6) The Court has reviewed all of the filings related to the June 29, 2023 request for child custody 28 and visitation orders. 29 1 7) This matter shall be set for a long cause hearing for the Court to hear testimony from the parties 2 regarding Father’s request for Alanna and Joseph to return to and reside in Canada. The parties 3 should be prepared at the July 9, 2024 hearing to schedule the long-cause hearing. 4 8) In the interim, the Court awards Temporary sole physical custody to Mother in California. The 5 Court’s custody determination is subject to modification following long-cause hearing. 6 9) Between now and the Court’s order after long-cause hearing, Father is permitted unsupervised 7 visitation as follows: 8 a. Father may take Alanna and Joseph to Canada for one week before the children’s school 9 in California starts in mid-August. Father must return the children to Mother on the 10 specified date and time. If Father fails to comply with the Court’s order, Mother’s 11 request for sole physical custody will be summarily granted and the long-cause hearing 12 will be vacated. 13 b. After school begins in mid-August, Father may visit Alanna and Joseph in California 14 every other weekend from Friday afternoon at school pick up until Monday morning at 15 school drop off. 16 c. The parties should be prepared at the July 9, 2024 hearing to provide specific date options 17 for Father’s visitation as ordered above. 18 10) The Court awards joint legal custody. Joint legal custody means that both parents have the right 19 and responsibility to make decisions related to Alanna and Joseph’s health, education and 20 welfare. Both parents have the right to access records and information about the children 21 (including medical, dental, and school records) and consult with professionals who are providing 22 services to the children. 23 11) If she has not done so already, Mother is directed to provide Father’s with his Permanent 24 Resident Card immediately, via personal delivery if Father is currently in the SF Bay Area, or by 25 Express Delivery (for example FedEx with tracking) if Father is in Canada. 26 12) Mother’s counsel is directed to prepare the order after hearing. 27 13) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 28 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 29 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 1 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 2 proposed order after hearing directly to the court. Failure to submit the order after hearing within 3 10 days may allow the other party to prepare a proposed order and submit it to the court in 4 accordance with CA Rules of Court, Rule 5.125(d). 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1

Real Property/Housing Court Law and Motion Calendar for July 12, 2024 line 2. DEFENDANT PENDER CAPITAL, INC, PENDER CAPITAL ASSET BASED LENDING FUND I, L.P. DEMURRER to Amended COMPLAINT is SUSTAINED without leave to amend. No opposition filed. =(501/HEK) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified, and the opposing party does not appear.

2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 5 ) 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-20-354692 ) 7 Petitioner ) Hearing Date: July 11, 2024 ) 8 VS. ) Hearing Time: 9:00 AM ) 9 RONAL ALEXANDER URQUIOLA BEDOYA, ) Department: 403 ) 10 Respondent ) Presiding: MARTIN TRIANO ) 11 ) 12 REQUEST FOR ORDER FOR CHANGE OF CHILD CUSTODY, VISITATION (PARENTING TIME), 13 TO CONTINUE ALL HEARINGS CURRENTLY SCHEDULE IN THIS CASE TO HEARD AT THE 14 SAME TIME 15 REQUEST FOR ORDER (X) REQUEST TO TRANSFER VENUE TO SANTA CLARA COUNTY 16 FILED 4/10/24 BY OTHER PARENT. 17 TENTATIVE RULING 18 RFO 1 19 20 Appearances required. The parties shall be prepared to discuss confirmation of a visitation 21 schedule and how the four-year-old minor child will be transported to the Bay Area from Arizona. 22 The parties may appear in-person, by video, or by phone. If a party chooses to appear by video or 23 by phone, that party must abide by the Notice and Instructions for Remote Appearances in San 24 Francisco Family Court set forth above. 25 RFO 2 26 27 On for hearing is Mother’s 4/10/2024 Request for Order to transfer v enue to Santa Clara 28 County pursuant to CCP 397(c). Father filed a Responsive Declaration on 7/7/2024 requesting 29 the Court deny the RFO. 1 CCP 397(c) provides the court may, on motion, change the place of trial when the 2 convenience of witnesses and the ends of justice would be promoted by the change. Mother 3 states she has lived in Santa Clara County for one year and Father moved to Arizona five years 4 ago, and it is a hardship for her to get to San Francisco to deal with his requests. Father opposes 5 the change to Santa Clara County because he is unaware of their remote proceedings and self - 6 help protocols. Mother’s request for order to transfer venue to Santa Clara County is granted. Mother shall transfer the case to Santa Clara County by 8/11/2024 and pay all costs associated with the transfer. Father can access information on Santa Clara County’s remote proceedings and self - 10 help offerings at: https://santaclara.courts.ca.gov/divisions/family -division. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29

Matter on the Law & Motion calendar for Wednesday, July 10, 2024, Line 12. DEFENDANT EARL IGNACIO AND WELLS FARGO BANK, N.A.'s Motion To Compel Arbitration. Defendants Wells Fargo Bank, N.A. and Earl Ignacio's motion to compel arbitration and stay is denied. (The Court's complete tentative ruling has been emailed to the parties.) For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)

Matter on the Law & Motion calendar for Friday, July 12, 2024, Line 15. 2 - DEFENDANT JEREMIAH GOBLE's MOTION TO COMPEL ARBITRATION. Defendant Jeremiah Goble's joinder to the motion to compel arbitration and stay is granted. Mr. Goble can compel arbitration. First, plaintiff expressly agreed to arbitrate disputes against defendant Recology's employees and that they could enforce the arbitration agreement. (Young Decl., Ex. E, pg. 1.) Second, Mr. Goble can compel arbitration based on the doctrine of equitable estoppel. A non-signatory may compel arbitration under the doctrine of equitable estoppel when claims against the nonsignatory defendant "are based on the same facts and are inherently inseparable from the arbitral claims against signatory defendants." (Garcia v. Pexco, LLC (2017) 11 Cal.App.5th 782, 786.) Third, a nonsignatory agent is entitled to compel arbitration. (Thomas v. Westlake (2012) 204 Cal.App.4th 605, 614-615 [allegations in complaint that defendants acted as agents of one another sufficient to allow alleged agent/nonsignatory to compel arbitration]; Westra v. Marcus & Millichap Real Estate Inv. Brokerage Co., Inc. (2005) 129 Cal.App.4th 759, 766 [" '[t]he common thread' " in these cases " 'is the existence of an agency or similar relationship between the nonsignatory and one of the parties to the arbitration agreement' "]; Dryer v. Los Angeles Rams (1985) 40 Cal.3d 406, 418 [defendants who were sued as agents of corporate defendant, a signatory to arbitration agreement, could invoke the arbitration clause as to claims arising out of arbitration agreement, even though they were not signatories to contract].) Friday's Law & Motion Calendar will be called out of Dept. 301. Anyone intending to appear in person should report to Dept. 301. However, anyone intending to appear remotely should use the regular Zoom information for Dept. 302's Law & Motion Calendar for 9:30 a.m. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RCE)

Real Property/Housing Court Law and Motion Calendar for July 11, 2024 line 6. DEFENDANT GEOFFREY LYNCH NOTICE OF MOTION FOR RECONSIDERATION OF ORDER, PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 1008, GRANTING PLAINTIFFS MOTION TO VACATING ORDER DENYING DEFENDANTS MOTION TO SET ASIDE DEFAULT/DEFAULT JUDGMENT/LEAVE TO DEFEND is continued to July 17, 2024 to be heard by the Honorable Charles F. Haines. =(501/HEK) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.