Preview
A
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jan-13-2014 2:19 pm
Case Number: CUD-13-645401
Filing Date: Jan-13-2014 2:18
Filed by: ROSALLIE GUMPAL
Juke Box: 001 Image: 04339432
ORDER
SBERLO, YOEL, TRUSTEE FOR SBERLO FAMILY TRUST VS. YARNG ALTAWAL
et al
001004339432
Instructions:
Please place this sheet on top of the document to be scanned.ra Hw
FLLEP
JAN 1.3 2014
‘CLERK OF THE COUR
on teats fi
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
YOEL SBERLO, TRUSTEE FOR THE SBERLO ) Case No: CUD-13-645401
FAMILY TRUST, )
Plaintiff, )} ORDER AFTER HEARING ON
} MOTION TO DISMISS
v. )
) Date: January 9, 2014
YARNG ALTAWAL, ) Time: 9:00 a.m.
) Department: 611
Defendants. )
)
Defendant Yarling Altawal’s Motion to Dismiss came on for hearing on January
9, 2014, in Department 611 of the above entitled court. Mark Hooshmand appeared as attorney
for defendant, Yarng Aliawal. Karen Y. Uchiyama appeared as attorney for plaintiff, Yoel
Sberlo, Trustee for the Sberlo Family Trust. The court considered the pleadings and argument
of counsel including the cases cited by defendant for the first time in oral argument.
Defendant, Yarling Altawal, filed an at issue memorandum to set the case for trial before
discovery issues had been resolved. On December 16, 2013, this court granted plaintiffs
motion to compel discovery. On December 20, 2013, the day after the discovery was due,
defendant filed a writ with regard to the discovery order. The court, on its own motion, forgood cause shown, continued the trial to give defendant an opportunity to have his writ heard.
In the meantime, Plaintiff is without the discovery the court ordered the defendant to produce
prior to trial in this case.
Defendant has cited no authority to the court for the proposition that a trial continuance
without the defendant’s consent or failure to conduct a hearing for the purpose of
determination of whether daily damages should be posted (when the daily damages issuc is not
raised by plaintiff), is grounds for dismissal of the action. Cases cited by Defendant do not
support Defendant’s position. Garcia v Cruz, 221 Cal. App. 4" Supp.1 had to do with the court
denying a jury trial when a tenant violated an order to pay rent. Koch-Ash v Superior Court 180
Cal. App. 3d 689 was about preferential settings under C.C. P. Section 36. Lori, Lid, Inc. v
Superior Court 74 Cal. App. 2 442, Kartheiser v Superior Court 174 Cal. App. 2 617; and
Mobil Oil Corp. v Superior Court 79 Cal.App.3d 486 all held that the trial court had no
discretion to temporarily stay an unlawful detainer action on the basis that a related action is
pending on appeal and has potential collateral estoppel effect. (The cases on appeal dealt with
the validity of the underlying title to the property).
Defendant’s motion to dismiss lawsuit is denied.
IT IS SO ORDERED.
DATED: January 13, 2014
é
Lynn O’Malley Tgylor
Judge of the San Francisco Superior CourtSuperior Court of California
County of San Francisco
Case Number: CUD-13-645401
YOEL SBERLO, TRUSTEE FOR SBERLO FAMILY
TRUST,
Plaintiff CERTIFICATE OF MAILING
(CCP 1013a (4) )
v
YARNG ALTAWAL, ET AL.,
Defendants,
I, Rosallie Gumpal, a Deputy Clerk of the Superior Court of the County of San Francisco,
certify that I am not a party to the within action.
On January 13, 2014, I served the attached ORDER AFTER HEARING ON MOTION
TO DISMISS by placing a copy thereof in a sealed envelope, addressed as follows:
KAREN Y. UCHTYAMA, ESQ. MARK HOOSHMAND, ESQ.
LAW OFFICES of KAREN Y. UCHIYAMA HOOSHMAND LAW GROUP
1441 Baker Street 22 Battery Street, Suite 610
San Francisco, California 94115 San Francisco, CA. 94111
and, I then placed the sealed envelope in the outgoing mail at 400 McAllister Street, San Francisco,
CA. 94102 on the date indicated above for collection, attachment of required prepaid postage, and
mailing on that date following standard court practices.
Dated: January 13, 2014
T. MICHAEL YUEN, Clerk
py 2200s 4
Rosallie Gumpaf, Deputy Clerk
Preview
A SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jan-13-2014 2:19 pm Case Number: CUD-13-645401 Filing Date: Jan-13-2014 2:18 Filed by: ROSALLIE GUMPAL Juke Box: 001 Image: 04339432 ORDER SBERLO, YOEL, TRUSTEE FOR SBERLO FAMILY TRUST VS. YARNG ALTAWAL et al 001004339432 Instructions: Please place this sheet on top of the document to be scanned.ra Hw FLLEP JAN 1.3 2014 ‘CLERK OF THE COUR on teats fi SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO YOEL SBERLO, TRUSTEE FOR THE SBERLO ) Case No: CUD-13-645401 FAMILY TRUST, ) Plaintiff, )} ORDER AFTER HEARING ON } MOTION TO DISMISS v. ) ) Date: January 9, 2014 YARNG ALTAWAL, ) Time: 9:00 a.m. ) Department: 611 Defendants. ) ) Defendant Yarling Altawal’s Motion to Dismiss came on for hearing on January 9, 2014, in Department 611 of the above entitled court. Mark Hooshmand appeared as attorney for defendant, Yarng Aliawal. Karen Y. Uchiyama appeared as attorney for plaintiff, Yoel Sberlo, Trustee for the Sberlo Family Trust. The court considered the pleadings and argument of counsel including the cases cited by defendant for the first time in oral argument. Defendant, Yarling Altawal, filed an at issue memorandum to set the case for trial before discovery issues had been resolved. On December 16, 2013, this court granted plaintiffs motion to compel discovery. On December 20, 2013, the day after the discovery was due, defendant filed a writ with regard to the discovery order. The court, on its own motion, forgood cause shown, continued the trial to give defendant an opportunity to have his writ heard. In the meantime, Plaintiff is without the discovery the court ordered the defendant to produce prior to trial in this case. Defendant has cited no authority to the court for the proposition that a trial continuance without the defendant’s consent or failure to conduct a hearing for the purpose of determination of whether daily damages should be posted (when the daily damages issuc is not raised by plaintiff), is grounds for dismissal of the action. Cases cited by Defendant do not support Defendant’s position. Garcia v Cruz, 221 Cal. App. 4" Supp.1 had to do with the court denying a jury trial when a tenant violated an order to pay rent. Koch-Ash v Superior Court 180 Cal. App. 3d 689 was about preferential settings under C.C. P. Section 36. Lori, Lid, Inc. v Superior Court 74 Cal. App. 2 442, Kartheiser v Superior Court 174 Cal. App. 2 617; and Mobil Oil Corp. v Superior Court 79 Cal.App.3d 486 all held that the trial court had no discretion to temporarily stay an unlawful detainer action on the basis that a related action is pending on appeal and has potential collateral estoppel effect. (The cases on appeal dealt with the validity of the underlying title to the property). Defendant’s motion to dismiss lawsuit is denied. IT IS SO ORDERED. DATED: January 13, 2014 é Lynn O’Malley Tgylor Judge of the San Francisco Superior CourtSuperior Court of California County of San Francisco Case Number: CUD-13-645401 YOEL SBERLO, TRUSTEE FOR SBERLO FAMILY TRUST, Plaintiff CERTIFICATE OF MAILING (CCP 1013a (4) ) v YARNG ALTAWAL, ET AL., Defendants, I, Rosallie Gumpal, a Deputy Clerk of the Superior Court of the County of San Francisco, certify that I am not a party to the within action. On January 13, 2014, I served the attached ORDER AFTER HEARING ON MOTION TO DISMISS by placing a copy thereof in a sealed envelope, addressed as follows: KAREN Y. UCHTYAMA, ESQ. MARK HOOSHMAND, ESQ. LAW OFFICES of KAREN Y. UCHIYAMA HOOSHMAND LAW GROUP 1441 Baker Street 22 Battery Street, Suite 610 San Francisco, California 94115 San Francisco, CA. 94111 and, I then placed the sealed envelope in the outgoing mail at 400 McAllister Street, San Francisco, CA. 94102 on the date indicated above for collection, attachment of required prepaid postage, and mailing on that date following standard court practices. Dated: January 13, 2014 T. MICHAEL YUEN, Clerk py 2200s 4 Rosallie Gumpaf, Deputy Clerk