Preview
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.
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|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