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Andy Saberi Vs Les Stanford, Etal

Case Last Refreshed: 4 months ago

Les Stanford Chevrolet Cadillac, Inc, Saberi, Andy, filed a(n) Breach of Contract - Commercial case represented by Dombroski, James M., against Bj Interstate Autotransporters, Inc, Dedyk, Bogdan, Les Stanford Chevrolet Cadillac, Inc, represented by Attridge, James, Levangie, Michael J, Sidran, David Robert, in the jurisdiction of San Mateo County. This case was filed in San Mateo County Superior Courts with John L. Grandsaert presiding.

Case Details for Les Stanford Chevrolet Cadillac, Inc v. Bj Interstate Autotransporters, Inc , et al.

Judge

John L. Grandsaert Track Judge’s New Cases

Time To Management

120 days

Filing Date

November 18, 2015

Category

(06) Unlimited Breach Of Contract/Warranty

Time To Trial

936 days

Last Refreshed

December 09, 2023

Practice Area

Commercial

Time to Dismissal Following Dispositive Motions

217 days

Filing Location

San Mateo County, CA

Matter Type

Breach of Contract

Case Outcome Type

Judgment

Case Cycle Time

85 days

Parties for Les Stanford Chevrolet Cadillac, Inc v. Bj Interstate Autotransporters, Inc , et al.

Plaintiffs

Les Stanford Chevrolet Cadillac, Inc

Saberi, Andy

Attorneys for Plaintiffs

Dombroski, James M.

Defendants

Bj Interstate Autotransporters, Inc

Dedyk, Bogdan

Les Stanford Chevrolet Cadillac, Inc

Attorneys for Defendants

Attridge, James

Levangie, Michael J

Sidran, David Robert

Other Parties

Bj Interstate Autotransporters, Inc (Cross Defendant)

Dedyk, Bogdan (Cross Defendant)

Does 1 To 25 (Cross Defendant)

Sidran, David Robert (Attorney)

Case Documents for Les Stanford Chevrolet Cadillac, Inc v. Bj Interstate Autotransporters, Inc , et al.

Request for Judicial Notice

Date: November 21, 2016

Notice

Date: March 06, 2019

Objections to Evidence

Date: May 10, 2019

Answer

Date: April 11, 2017

Case Management Statement

Date: February 01, 2017

Case Management Statement

Date: November 30, 2016

Motion

Date: November 07, 2016

Declaration in Reply

Date: May 10, 2019

Motion

Date: January 23, 2017

Answer

Date: November 15, 2016

Request for Judicial Notice

Date: December 07, 2016

Declaration in Support

Date: October 05, 2018

Declaration in Support

Date: April 16, 2018

Declaration

Date: February 03, 2017

Declaration

Date: November 21, 2016

Case Management Statement

Date: January 25, 2017

Answer

Date: December 16, 2016

Answer

Date: November 23, 2016

Objections to Evidence

Date: September 26, 2019

Answer (Unlimited)

Date: February 16, 2017

Case Management Statement

Date: March 30, 2017

Motion In Limine

Date: October 09, 2018

Declaration

Date: September 21, 2017

Supplemental

Date: August 05, 2016

Declaration

Date: January 06, 2017

Case Management Statement

Date: August 01, 2016

Declaration

Date: February 23, 2018

Declaration in Support

Date: July 25, 2016

Notice

Date: June 17, 2016

Order

Date: February 05, 2019

Declaration in Support

Date: September 28, 2018

Declaration in Opposition

Date: October 10, 2018

Request for Judicial Notice

Date: November 09, 2018

Declaration in Support

Date: October 05, 2018

Declaration

Date: February 23, 2018

Declaration in Reply

Date: June 21, 2019

Supplemental

Date: August 05, 2016

Notice

Date: November 09, 2018

Notice

Date: January 02, 2019

Separate Statement

Date: February 23, 2018

Notice

Date: February 25, 2019

Case Management Statement

Date: March 13, 2017

Non-Opposition to

Date: December 24, 2018

Request for Judicial Notice

Date: December 21, 2018

Declaration in Opposition

Date: December 21, 2018

Declaration in Opposition

Date: December 21, 2018

Declaration in Opposition

Date: December 21, 2018

Declaration in Support

Date: November 09, 2018

Declaration in Support

Date: October 09, 2018

Motion In Limine

Date: October 05, 2018

Declaration in Support

Date: October 05, 2018

Motion In Limine

Date: October 05, 2018

Motion In Limine

Date: September 28, 2018

Motion to Compel Further

Date: May 09, 2018

Request For Dismissal

Date: April 23, 2018

Notice of Entry of Order

Date: March 19, 2018

Notice of Entry of Order

Date: November 07, 2017

Motion for Judgment

Date: October 20, 2017

Objection

Date: October 05, 2017

Request for Judicial Notice

Date: September 21, 2017

Case Management Conference

Date: March 30, 2017

Cross Complaint

Date: March 21, 2017

Case Management Statement

Date: March 21, 2017

Motion for Attorney Fees

Date: March 13, 2017

Case Management Statement

Date: March 08, 2017

Notice

Date: February 28, 2017

Request for Judicial Notice

Date: February 07, 2017

Hearing on Demurrer

Date: February 07, 2017

Objection

Date: February 03, 2017

Case Management Statement

Date: January 31, 2017

Case Management Statement

Date: January 30, 2017

To Set

Date: January 11, 2017

Statement

Date: January 04, 2017

Hearing on Demurrer

Date: December 28, 2016

Reply

Date: December 20, 2016

Objection

Date: December 07, 2016

Motion hearings

Date: December 07, 2016

Case Management Statement

Date: December 01, 2016

Objection

Date: December 01, 2016

Reply

Date: November 29, 2016

Opposition

Date: November 29, 2016

Case Management Statement

Date: November 22, 2016

Declaration

Date: November 22, 2016

Points and Authorities

Date: November 21, 2016

Notice

Date: November 21, 2016

Demurrer to

Date: November 21, 2016

Amended Complaint

Date: October 19, 2016

Notice

Date: October 18, 2016

Case Management Statement

Date: October 14, 2016

Case Management Statement

Date: October 13, 2016

Case Management Statement

Date: October 11, 2016

Notice of Withdrawal

Date: May 29, 2019

Objection

Date: May 02, 2019

Case Management Statement

Date: July 12, 2016

Case Management Statement

Date: March 07, 2016

Complaint

Date: November 18, 2015

Case Events for Les Stanford Chevrolet Cadillac, Inc v. Bj Interstate Autotransporters, Inc , et al.

Type Description
Docket Event ~CIV Minute Order - Order to Show Cause Re: Dismissal of Entire Action 12/10/2019
Order to Show Cause Re: Dismissal of Entire Action

Judge: Grandsaert, John L.

Docket Event Notice of Entry of Order DENYING MOTION FOR ATTORNEY'S FEES AGAINST PLAINTIFF
Notice of Entry of Order
DENYING MOTION FOR ATTORNEY'S FEES AGAINST PLAINTIFF
Docket Event Order Type: DENYING MOTION FOR ATTORNEY'S FEES AGAINST PLAINTIFF ANDY SABERI, JAMES M DOMBROSKI AND
Order
Type: DENYING MOTION FOR ATTORNEY'S FEES AGAINST PLAINTIFF ANDY SABERI, JAMES M DOMBROSKI AND THOMAS SABERI Signed by: JUDGE DAVIS Date Signed: 10/8/19
Docket Event Proposed Order Received ORDER DENYING MOTION FOR ATTORNEY'S FEES AGAINST PLAINTIFF; SENT TO DEPT 1 F
Proposed Order Received
ORDER DENYING MOTION FOR ATTORNEY'S FEES AGAINST PLAINTIFF; SENT TO DEPT 1 FOR SIGNATURE
Docket Event ~CIV Minute Order - Motion for Issue and Monetary Sanction 10/03/2019
Motion for Issue and Monetary Sanction
MOTION FOR ATTORNEY FEES AS SANCTIONS AGAINST ANDY SABERI, JAMES DOMBROWSKI, AND THOMAS SABERI, HIS ATTORNEYS OF RECORD

Judge: Davis, III, Leland

Docket Event Tentative ruling adopted and becomes order:
MOTION FOR ATTORNEY FEES AS SANCTIONS AGAINST ANDY SABERI AND JAMES DOMBROSKI Defendant BJ Interstate Auto Transporters, Inc.'s (BJ Interstate) 8-16-19 "Motion for Attorney's Fees as Sanctions," filed pursuant to Code Civ. Proc. 128.5, is DENIED, for the reasons set forth below. First, the motion is a belated motion for reconsideration. Code Civ. Proc. 1008(b). On 10-10-18, Plaintiff dismissed its entire case against BJ Interstate. Thereafter, on 4-5-19, BJ Interstate moved for sanctions against Plaintiff under Code Civ. Proc. 128.5, asserting the same arguments it now rehashes here. BJ Interstate argued in the prior motion, inter alia, that Plaintiff knew or should have known from the day he filed this case, and certainly from the time Plaintiff filed his First Amended Complaint (FAC), that his claim(s) against BJ Interstate had no merit, and yet Plaintiff continued pursuing its case against BJ until two days prior to the scheduled trial date. The Court already considered this argument and, on 5-20-19, denied BJ's previous motion for 128.5 sanctions. 5-20-19 Minute Order. The present motion is indistinguishable from the prior motion. Because it was not filed within 10 days of the Court's 5-20-19 Minute Order, it is untimely. Code Civ. Proc. 1008. Second, and as separate grounds for denying the motion, as stated in the Court's 5-20-19 Minute Order, BJ Interstate failed to comply with 128.5's safe harbor provision. As it argued in its prior motion for sanctions, BJ Interstate again contends Plaintiff persisted in pursuing a clearly meritless Complaint and First Amended Complaint (FAC), despite knowing that co-defendant Dedyk was insured at the time of loss, which purportedly barred any suit against BJ Interstate. 128.5 requires that the offending party be given an opportunity to withdraw the offending pleading. 128.5(f)(1)(B). BJ Interstate has not alleged compliance with this procedural requirement. Indeed, Plaintiff could not have withdrawn any offending pleading, because Plaintiff dismissed BJ Interstate from the case long before this motion was filed. Further, the motion appears based in part on Plaintiff's discovery responses. 128.5 does not apply to discovery requests, responses, objections and discovery motions. 128.5(e). For at least the foregoing reasons, the motion is DENIED. BJ Interstate's 9-26-19 Evidentiary Objection to Parag. 12 of the Dombroski Decl. is OVERRULED, and its related 9-26-19 "Motion to Strike" is DENIED. The Court notes, however, that Parag. 12 of the Dombroski is irrelevant to the Court's ruling on this motion. Continuing the parties' seemingly never-ending request for sanctions against one another, Plaintiff requests sanctions against BJ Interstate for having had to oppose this motion. In the Court's discretion, Plaintiff's request is DENIED.
Docket Event Party shall prepare formal order consistent w/order herein
James Dombroski
Docket Event ~CIV Minute Order - Order to Show Cause Re: Dismissal of Entire Action 10/01/2019
Order to Show Cause Re: Dismissal of Entire Action
Last Continuance

Judge: Grandsaert, John L.

Docket Event Status Report RE: ORDER TO SHOW CAUSE
Status Report
RE: ORDER TO SHOW CAUSE
Docket Event Objections to Evidence AND MOTION TO STRIKE PARAGRAPH 12 OF THE DECLARATION OF JAMES DOMBROSKI IN OP
Objections to Evidence
AND MOTION TO STRIKE PARAGRAPH 12 OF THE DECLARATION OF JAMES DOMBROSKI IN OPPOSITION TO MOTION FOR ATTORNEYS FEES ETC..
See all events