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  • IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
						
                                

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CM-180 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and addrass}: | DAVID J. COOK, ESQ. SBN 060859 COOK COLLECTION ATTORNEYS, PL 165 Fell Street, San Francisco, CA 94102-5106 P.O. Box 270 San Francisco, CA 94104-0270 TevepHoneNo: 415 989 4730 FAXNO, (Optionay: 415 989 0491 E-MAIL ADDRESS (Optionaj: Cook@squeezebloodfromturnip.com ATTORNEY FOR (Name): Plaintiff File No. 57,039 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO streetaporess: COUNTY OF SAN FRANCISCO auincaporess: 400 McAllister Street ciryannzpcone: San Francisco, CA 94102 srancnname: Unlimited Civil Jurisdiction PLAINTIFF/PETITIONER: IDA CHRISTINA CRUZ FUA FOR COURT USE ONLY ELECTRONICALLY FILED Supertor Court of Caitfornia, County of San Francisco 01/25/2016 Clerk of the Court BY:CAROL BALISTRERI Deputy Clerk DEFENDANT/RESPONDENT: JOEL ENRIQUE ANDINO SANCHEZ, an NOTICE OF STAY OF PROCEEDINGS CASE NUMBER: CGC-11-515542 yupce: Garrett L. Wong pert: 503 To the court and to all parties: 1, Declarant (name): David J. Cook. Esq., attorney for Plaintiff Ida Christina Cruz Pua. *see 2b below. a. (—] is ([] the party [XJ the attomey for the party whorequusuauKcHEUEtineloNaGGKEE as set below. b. (-] ts [_] the plaintiff or petitioner [—] the attorney for the plaintiff or petitioner. The party who requested the stay has not appeared in this case or is not subject to the jurisdiction of this court. 2. This case is stayed as follows: David J. Cook, Esq. is one of the attorneys#foriMs.ifuacwho aL] with regard to all parties. appeal, Yellow Cab Co b. [x] With regard to the following parties (specify by name and pai is the. plaintiff in the above matter. Ms. Fua has filed her own operative filed its own appeal. designation): Yellow Cab Cooperative, Inc., 4 Corporation, filed Chapter 11 on 01/22/2016 in the United States Bankruptcy Court, Northern District of CA as Case No. 16-30063. All proceedings are stayed pending further order of the bankruptcy court 3. Reason for the stay: YELLOW CAB COOPERATIVE FILED CHAPTER 11, All proceedings against this a. [2] Automatic stay caused by a filing in another court. (Attach a copy of the Notice of Commencement of Case, the bankruptcy petition, or other document showing that the stay is in effect, and showing the court, case number, debtor, and petitioners.) party are stayed. b, [_] Order of a federal court or of a higher California court. (Aftach a copy of the court order.) c. [__] Contractual arbitration under Code of Civil Procedure section 1281.4. (Attach a copy of the orderdirecting arbitration.) d. [_] Arbitration of attomey fees and costs under Business and Professions Code section 6201. (Attach a copy of the client's request for arbitration showing filing and service.) e. [_] Other: Ly | declare under penalty of perjury under the laws of the State of California that the foregoing is, Date: 01/22/2016 David J. Cook, Esq. > (TYPE OR PRINT NAME OF DECLARANT) (SIGHATURE) Page tof 1 redeal Councl of Calflora NOTICE OF STAY OF PROCEEDINGS GM-180 [Rev. January 1, 2007] Cal. Rules of Court, rule 3.650 SotsPRR CCU RCN Cs Mi Rac United States Bankruptcy Court for the: Northern District of California ‘Giate) Case number {ithnown}: Chapter D1 Cheek if this is.an amended filing Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy 4245 If more space Is needed, attach a separate sheet to thls form. On. the top of any additional pages, write the debtor's name and the case number {if known). For more information, a separate document, instructions for Bankruptcy Forms for Non-Individuals, Is available. 4, Debtor’s name Yellow Cab Cooperative, Inc. 2. Allother names debtor used All Taxi Electronics in the last 8 years Include any assumed names, trade names, and doing business as names 3. Debtor's federal Employer Identification Number (EIN) ee 4, Debtor's address Principal place of business. Mailing address, if different from principal place of business 1200 Mississippi Street Number Street amber Street P.O. Box San Francisco CA 94107 City State ZIP Code City State ZIP Cade, Location of principal assets, if different from principal place of business San Francisco County ‘County Number Street City State ZIP Code 5. Debtor's website (URL) . —_yellowcabsf.com LX] Corporation (including Limited Liability Company (LLC) and Limited Liability Partnership (LLP) (1 Partnership (excluding LLP) CO other. Specify: 6. Type of debtor Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 1 Case: 16-30063 Doc#1 Filed: 01/22/16 Entered: 01/22/16 12:53:13Debtor Yellow Cab Cooperative, Inc. fame Case number (ekrown) 7. Describe debtor's business A. Check one: oO Health Care Business (as defined in 11 U.S.C. § 101(27A)) Oo Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B)) C Ralroad (as defined in 11 U.S.C. § 101(44)) oO Stockbroker (as defined in 11 U.S.C. § 101(53A)) TO commodity Broker (as defined in 11 U.S.C. § 101(6)) 1 cearing Bank (as defined in 11 U.S.C. § 781(3)) None of the above B. Check all that at apply: 1 Tax-exempt entity (as described in 26 U.S.C. § 501) 1 investment company, including hedge fund or pooled investment vehicle (as defined in 15 U.S.C. § 802-3) 1 investment advisor (as defined in 15 U.S.C. § 80b-2(a)(11)) ©. NAICS (North American Industry Classification System) 4-digt code Inal best describes debtor. See _http:www.naics.com/search/ 4.8 8, Under which chapter of the Bankruptcy Code is the debtor filing? Check one: chapter 7 oO Chapter 9 & Chapter 11. Check ait that apply: L Debtor's aggregate noncontingent liquidated debts (excluding debts owed to Insiders or affiliates) are tess than $2,490,925 (amount subject to adjustment on 4/01/16 and every 3 years after that). 1 The debtor is a small business debtor as defined in 14 U.S.C. § 101(51D). Ifthe debtor is a small business debtor, attach the most recent balance sheet, statement of operations, cash-flow statement, and federal income tax return or if all of these documents do not exist, follow the procedure in 11 U.S.C. § 1116(1)(B). DA plan is being filed with this petition. 1 Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. § 1126(0). 1 The debtor Is required to file periodic reports (for example, 10K and 10Q) with the Securities and Exchange Commission according to § 13 or 15(d) of the Securities Exchange Act of 1934. Fite the Attachment to Voluntary Petition for Non-Individuals Filing for Bankruptcy under Chapter 11 (Official Form 201A) with this form. 01 the debtor is a shell company as defined in the Securities Exchange Act of 1934 Rule 12b-2. CO chapter 12 9. Were prior bankruptcy cases [XJ no filed by or against the debtor yes, cistict z - es. Dist en "ase number. within the last 8 years? imuTDDTVW If more than 2 cases, attach a separate list. District n Case number MM 7DDTYWY 10, Are any bankruptcy cases No pending or being filed bya business partner or an Dives. pebtor Relationship affitiate of the debtor? a ane List all cases. If more than 1, Case number, it known WM 7D /YYYY attach a separate list. Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page2 Case: 16-30063 Doc#1 Filed: 01/22/16 Entered: 01/22/16 12:53:13Debtor Yellow Cab Cooperative, Inc. fom Case number @iroun) 4. Why is the case filed in this district? Check all that apply: EX] vebtor has had its domicile, principal place of business, or principal assets in this district for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other district. Oa bankruptcy case conceming debtor's affiliate, general partner, or partnership is pending in this district. 12. Does the debtor own or have possession of any real Property or personal property that needs immediate attention? KX) no 1 Yes. Answer below for each property that needs immediate attention. Attach additional sheets if needed. Why does the property need immediate attention? (Check aif that apply.) Li It poses or is alteged to pose a threat of imminent and identifiable hazard to public health or safety. Whatis the hazard? 1 tt needs to be physically secured or protected from the weather. 1 ttinctudes perishable goods or assets that could quickly deteriorate or lose value without attention (for example, livestock, seasonal goods, meat, dairy, produce, or secutities-related assets or other options). Clotner Where Is the property? Number Street City Js the property insured? Dino 1 ves. insurance agency Contact name Phone State IP Code i mm Statistical and administrative Information 13, Debtor's estimation of available funds Check one: Dd Funds wit! be avaifabie for distribution to unsecured creditors. After any administrative expenses are paid, no funds will be available for distribution to unsecured creditors. 0 1-49 © 1,000-5,000 D 25.001-50,000 a eeanen| numeral D1 s0-99 5,001-10,000 50,001-100,000 1 100-199 D5 10.001-25,000 CO More than 100,000 & 200-999 D $0-$50,000 $1,000,001-$10 million 1 $500,000,001-81 bition 16. Estimated assets (2) 850,001-$100,000 CF s100,001-$500,000 5 $500,001-81 million CO $10,000,001-$60 mittion [) $50,000,001-§100 mition $100,000,001-$800 million (1 $1,000,000,001-$10 billion 1 $10,000,000,001-850 billion {] More than’$50 billion Official Form 201 Case: 16-30063 Voluntary Petition for Non-Individuats Filing for Bankruptcy Doc#1 Filed: 01/22/16 Entered: 01/22/16 12:53:13 page 3cetiey ‘Yellow Gab Cooperative, Inc. . “Case number (recom) iam O1so-seo.o00 + 1 $4,000,001-$40 ition 2 $500,006,001-51 bition 18. Estimated Ilabilities 1s50,001-$100,000 $10,000,001-$80'million [1 $1,000,000,001-s10 bition oo . Cstoo,001-ssc0,000 = _ [_] $50,000,001-$100 mutton 1 s10,000,000,001-850 bition 2 $600,001-81 milton 1 $100,000,001-$500 mitiion (Cl More than $60 bilfion a Request for Rellof, Declaration, and Signatures * WARNING — Gankrupicy fraud Is'a seridus crime, Making a false statement in. connection witha bankruptcy case can.result in fines up to ‘$500,000 or imprisonment for up to.20 years, or both. 18 U.S.C: §§ 152,-1341,' 1819, and 9571. 47. Declaration and signature of The debtor requests relief in accordance with the chapter of iitte.11, United States Code, specified in this. authorized representative of : debtor petition. | have been authorized to flé this petition on behalf ofthe debtor. ‘ Ihave examined the information Ih this petition.and have a reasonable bolief that the information is true and correct, . I declare under penalty of perjury that the foregolng Is true and carrect. Executed on MRC OD FRY x amela Martinez Signature of aubherized rearesentaive of Printed name 18, Signatura of attorney &, OW, In pate 1/22/2016 Signature orang ale / MM EDO LYYYY Gary M. Kaplan Printed name Farella Braun + Martel LLP Firm nama, 7 235 Montgomery Street, 17” Floor Number “Street. San Franciscg- CA 94104 aly - iP Code (415) 954-4400. : gkaplan@fom.com _- ‘Contact phone. Email address * AS55530 _- California Bar nuaber ‘State Official Foon 20% Voluntary. Petition for Non-Individuals Filing for Bankruptcy Case: 16-30063 Doc#1 Filed: 01/22/16 Entered: 01/22/16 12:53:13 Page 4 of 4Debtor: Yellow Cab Cooperative, Inc. Case No. Voluntary Petition for Non-Individuals Filing for Bankruptcy Attachment 1 Case: 16-30063 Doc#1-1 Filed: 01/22/16 Entered: 01/22/16 12:53:13 Page 1 of 6YELUOW CAB COOPERATIVE, INC. RESOLUEIONS OF BOARD OF DIRECTORS January 1 2046 The undersigned, being tle: members of the Board of Directors (the Board”) of Yellow ‘Cab Cooperative, Inc., a California corporation (the “Company”), and duly, authorized to act on behalf of thé Company, do‘hereby adoptithe foliowing, resolutions by “written ¢ consent, WHEREAS, as 2 tegult of certaitt events ittipacting the fitidticial:condition and'operations ‘of the Company, the Company ims engaged counsel to. provide advil regard ‘its-obligations to ‘its cfeditors, pattofis, titeinbers, and other interested WHEREAS, the Company has révieweéd the advice oft the ‘Company"s:counse] and has. eee the options:available:fp the Company,.and ‘has determined that, in its judgment, to u 8 assets to all stakeholders it isadvisable andit-the best interest of the ereditors, equity holders, and other interested parties that tle Compariy. volunitatily : 85101 ef seg, (the Company, a file-a petition underChapter 11 of Title 11, United StatesCode; 11 U:S. “Burloruptey Gade”); _ NOW, THEREFORE, BE IT'RESOLVED; that the: Company: shall be, and lieteby is, authorized to file avolontaty petition (the ir relief under Chapter 11 of the Barikraptey Code, inthe United States Barikruptey: Court for thé Northern District of Califoinia (the “Bankruptey Court”); and BETE FURTHER RESOLVED, that Pantela Martitieg, President ofthe. Company (the “Designated Officer,” which:term,shall include any. petsons.to whom s/he delegates-authiority to ‘carry out any: of the acti ctibed belaw) stiall be, atid Heréby-is, authorized, directed and eiipowered ait béhalfof. thé name-of theiConypa .execute, yerify-and cause to: befiled ‘the Petition and other ancillary documents required by the Banikxuptey Code, the Federal Rules of Bankruptcy Procedure and Local Bankruptey Rules forithe Banleuptey Court; and: BETTFURTHER:RESOLVED: that the Designated ‘Office is tieret ‘empowered, in the name: and ‘onbehalf of the Company, to execute and fille schedules, statements, motions, 'lists, applicitiotis; pleadings, affidavits and, other;papers ns sequired:to accompany the'Petition or seek entry. of orders bythe Bankerupioy Cot sand: in ‘connection therewith, to. employ: \d' retain assistance of legal counsel} accdutitanits, lal i to-take and perform arty: aud‘all furthier-acts ani leeds that. ‘they deem necessary, properor desirable iniconnection with, or in fuutherange of, the Company's ‘bankruptcy case;. witha viely to the successful prosecution of such. case; and itis furttiet BEIT FURTHER RESOLVED; that the Designated Officer shall be, aiid heréby is, aitthorized, directed arid empowered'on behalf of'and in the name-of the Company-to taker otherwise initiate and:cause, whiifever actions related'to such bankiuptey proceedizigias ite Designated Officer may deemnecessary; proper, or desirable, including the execution, verification and:filing of-all:pleadings: rorofbee documents.in connection with-the: Company's: Case: 16-30063 Doc#1-1° Filed: 01/22/16 Entered: 01/22/16 12:53:13 Page 2 of 6emanate carpets tne miter ‘baniktuptoy proceeding, ‘entry-into any: agreemenis, opening:of any bank-accounts, making -available:any-recofds, sellifig.of any property-(real ersonal), \d.all other-acts which may be: necessary fo commence and contintie: said: bankraptey proceeding on betialf of the Companys-and BEIT FURTHER RESOLVED; that:the employment of eathof the law firm: of Farella Brau + Martel ELP, as attoriieys for'the Cothpuny under général retainer, shell be andihereby:is. approved to render‘legal'services fo, aind:to represent-the: Company inthe baikruptey:case arid in- any afd all:telated procectlitigs;. atid ‘BEIT FURTHER RESOLVED, that the Designated Officer ofthe ‘Company shall be, and-hereby i is, authorized and directed and empowered in: ‘the-nameof'and on behalf ofithe Compaiiy, prior-to-any bankruptcy filing or as debtor'and:debtor in possession, to negotiate, execute; anid deliver such forbearance, standstill or other agresinents:with créditors of the: Company. or counter parties to contracts or leases withithe Coimpany; and BE IT FURTHER:RESOLVED, that the: esignated: ‘Officer of the Company shall:be, and hereby is, antiori Mirected' and:émpowéred in the flame of and on behlfof the i i éliver, if she deems appropriates @ a idebtor inypossession loan facility (fe *D) Designated -Officer may deem necessary or appropriate é conteniplated theréby atid:(ii)-in:co1 DIP-Credit Facility, such aptéentients, certificates, instruments, guaratities, rlotices and any atidiallother'doquments-as the Designated Officerstay deceit nécessary or appropriate to facilitate the execution and'delivery-of the DIP Credit Eacility (collectively, the “Einancing Documents”); and ‘BEIT FURTHER. RESOLVED, thati@) the Designated, Office? of the Company shiall be, and‘heréby-is, authorized, directed and-emy red:in fhe name-of and.on behalf of tlie Company, as debtor and debtor in;passessioii, to take'such actions and execute,deliver and: - perform suchagreements, certificates; iristruments, aiotives and any, and all othérdocutiients.to provide any cieditors of the Company with “adequate protection” under'the-Batikruptoy Codé-in ‘connection with: the finantcitis transactloris eritered into by the Company'as debtor-and debtor in. possession, the tise:of cash collateral'and/or the DIP-Credit Facility or of 1 required by the Bariktuptey Court, indluding, without limitation, te:granting of anyliens onany property: of the: Company, the allowduce of post petition claims with administrative experise status, the execution of additional: suaraniti rtgages, pledpeapreemients, stciifity. agteenients, or other agréeinedits, and/or‘the payihent: ‘of finds whetherirepresenting adequate sprincipal'and/or interest payments or oter-paymeitts; to such junior hé“Adequaté Protection-Aciions”, (b) any’ ents executed in: fittherancs of the Adequate-Protéction Actions: contaiting such. nditions, covenatits, warranties and representations. as ‘may ‘be-deemed! the actions -of } delivery, and’ Case: 16-30063 Doc#1-1 Filed: 01/22/16 Entered: 01/22/16 12:53:13 Page 3 of 6BEIP FURTHER RESOLVED, that the Designated: Officer be, anil liereby is; authorized, empawered andidirected, it the name of and on behalf ofthe Company, to take-or cause fo:be taken:any and’all actions, to make or calsé to be:made all paymehts, inclnding payments. of expenses, retainers and'filing fees, to:make or'cause to’ beimade all federal, state afd local: governmental; administrative arid regulatory filings as iiay be required or advisable under the laws or.regilations of any jurisdiction:and'to negotiute, enter into, execute, delivernnd ‘petforrn ali ather-ddcuments, agreements; certificates or insteyitients as may: be necessary, appropriate, convenient or proper (including, “without limitation, in-comnection withthe: DIP Gredit Facility and the Financing Docunenits:and the Adequate Protection Actions), in each case toveffectuate the intent of, and the transactions cofitemplatetl by, the * Foreg' resolutions, the execution. and delivery:thereof by such Designated. Officer tobe. coficlisive evidence ofsuch: ‘approval; and. BRIE FURTHER RESOLVED, that any and all acts taken and‘anyand al certificates, instruments, agreements or other documents executed.on behalfof the: ‘Company by the Designated Officer priorte the adoption of the foregoing: resolutions with regard'to.any of the. ‘fraiisactions, actions, certificates, instruments, agreements or. other documents authotized by. the foregoing resolutions'be, and they hereby:are, ratified, confirmed adapted and approved. The undersigtied being the members -of the Board of the Company, aad duly authorized to act on belialfofithe ‘Company pursuant to its Articles of Inicotpovation and applicable Jaw. These Resolutions may be executed.in one ormore counterparts, each of: which shall'be deemed an original; but-all.of which together shall:constitite oneand the same-instrument, IN WITNESS WHEREOF, the Board, has caused these Resolutions to be exeouted by its members, effective as.of the date first:writteh above. Yellow:Cab:Cooperative, Inc. Case: 16-30063 Doc#1-1 Filed: 01/22/16 Entered: 01/22/16 12:53:13 Page 4 of 632410\5235378.1 Case: 16-30063 Doc# 1-1 Filed: 01/22/16 Entered: 01/22/16 12:53:13 Page 5 of 6 |Case: 16-30063 Doc#1-1 Filed: 01/22/16 Entered: 01/22/16 12:53:13 Page 6 of 6om NAD WH FF YW NY Ny NM NYY YN N KY NY SF SF Be Be Be Be ee eR ont AA Fo NHN SF SG owe I A HA FF BN KH DO PROOF OF SERVICE Colin C. Munro, Esq. Christopher J. Weber CARLSON CALLADINE & PETERSON, LLP 353 Sacramento Street 16" Floor San Francisco, CA 94111 Attorneys for Defendants YELLOW CAB COOPERATIVE, INC., and TAXI EQUIPMENT, LEASING, LLC Robert S. Aaron AARON & WILSON, LLP 150 Post Street Suite 400 San Francisco, CA 94108 Co-Counsel for Defendants YELLOW CAB COOPERATIVE, INC., and TAXI EQUIPMENT, LEASING, LLC, and TAXI PROPERTY COMPANY, INC. D. Douglas Shurcen MCMILLAN & SHUREEN, LLP 50 Santa Rosa Ave. Suite 300 Santa Rosa, CA 95404 Attorneys for Defendant JOEL ENRIQUE ANDINO SANCHEZ I declare: I am employed in the County of San Francisco, California. I am over the age of eighteen (18) years and not a party to the within cause. My business address is 165 Fell Street, San Francisco, CA 94102. On the date set forth below, I served the attached: NOTICE OF STAY OF PROCEEDINGS on the above-named person(s) by: XXX__ (BY USPS FIRST CLASS MAIL) Placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in a USPS mail deposit box at San Francisco, California, addressed to the person(s) served above. I declare under penalty of perjury that the foregoing is Executed on January 22, 2016 at San Francisco, Catifornia. \ Deed Cook