Document for IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al

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                                SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

MINUTES

November 10, 2015
IDA CHRISTINA FUA CRUZ
PLAINTIFF
vs

JOEL ENRIQUE ANDINO
SANCHEZ, et al.

DEFENDANT

Present:

Judge: GARRETT L. WONG
Reporter: MARY JACKSON, CSR No.
8688; Tel. 209.993.8329

Appearances

David J. Cook, Esq.

Ryan L. Dahm, Esq.

COOK COLLECTION ATTORNEYS, PLC
165 Fell Street

San Francisco, CA 94102

415-989- 4730

For Plaintiff Ida Cristina Cruz Fua

Todd Emanuel, Esq.

Deirdre O'Reilly Marblestone, Esq.
EMANUEL LAW GROUP

702 Marshall Street, Suite 400
Redwood City, CA 94063
650-369-8900

For Plaintiff Ida Cristina Cruz Fua

Case Number: CGC-11-515542

Department: 608
Case Number: CGC-11-515542
Nature of Cause:

APPLICATION FOR
TEMPORARY STAY OF
ENFORCEMENT OF JUDGMENT

EX PARTE APPLICATION FOR
WRIT OF ATTACHMENT;
TEMPORARY PROTECTIVE
ORDER

Clerk: FELICIA GREEN
Bailiff. NOT PRESENT

Gary Kaplan, Esq.

FARELLA BRAUN + MARTEL LLP

235 Montgomery Street

San Francisco, CA 94104

415-954-4400

For Defendants Yellow Cab Cooperative, Ine.

Colin C. Munro, Esq.

CARLSON, CALLADINE & PETERSON LLP
353 Sacramento Street, 16" Floor

San Francisco, CA 94111

415-391-3911

For Defendants Taxi Equipment Leasing LLC,
and Yellow Cab Cooperative, Inc.

Case Title: IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ, et al.
-l- Date: November 10, 2015
Form: C01000Appearances:

D. Douglas Shureen, Esq. Robert S. Aaron, Esq.

MCMILLAN SHUREEN LLP AARON & WILSON, LLP

50 Santa Rosa Avenue, Suite 200 150 Post Street, Suite 400

Santa Rosa, CA 95404-4952 San Francisco, CA 94108

707-525-5400 415-438-7800

For Defendants Joel Enrique Andino Sanchez For Defendants/Cross-Defendants Taxi Property

Co., Inc.; Wolley, LLC; James Gillespie;
Hal Mellegard; Nick Olsen; Pamela Martinez;
Richard Wiener and Steven Reimers

9:38 a.m. The above-entitled action comes on calendar regularly for hearing re Defendant
Yellow Cab Cooperative, Inc.’s and Taxi Equipment Leasing, LLC’s Application for Temporary
Stay of Enforcement of Judgment Pursuant to Code of Civil Procedure Section 918(B). The
Court, court staff and counsel are present as listed above.

The parties stipulate to association of counsel, Gary Kaplan, for defendants Yellow Cab.

Counsel wants to deal with the issue of interest for judgment. The parties agree to meet and
confer re the stipulated judgment on alter ego.

9:44 a.m. David Cook presents oral arguments, on behalf of the plaintiffs, re the interest issue,
and requests for entry of judgment today. Counsel believes prejudgment interest should be
allowed from October 30, 2015

9:50 a.m. Colin Munro presents oral arguments, on behalf of the defendants, re prejudgment
interest. The parties discuss proposed verdicts.

9:56 a.m. Douglas Shureen joins in on the oral arguments with Yellow cab, except as to the post
judgment interest issue as of October 30, 2015. Counsel believes entry of judgment should
commence as to defendant Sanchez, today (November 10, 2015), or whenever the judgment is
entered

9:57 a.m. David Cook presents oral arguments on behalf of the plaintiffs.

9:58 a.m. Counsel suggests continuing the hearing to allow the Court proper time to review the
cases and letter briefs.

10:01 a.m. OFF THE RECORD: The Court and counsel continue discussions.

Case Number: CGC-11-515542
Case Title: IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ, et al.
-2- Date: November 10, 2015
Form: C0100010:04 a.m. ON THE RECORD: The parties reach the following agreement regarding post-
judgment interest: Plaintiffs and defendant Sanchez stipulate the date runs from November 10,
2015; and plaintiff and defendant Yellow Cab stipulate the date runs from October 30, 2015.

The Court wants to have a hearing on the pre-judgment interest issue, pursuant to Code of Civil
Procedure 3287, because it is not fully briefed. The Court instructs counsel to submit letter
briefings on the issue. Submissions shall be received no later than Friday, November 13, 2015,

at 2:00 p.m. There will be no replies or responses. The Court schedules the hearing for Monday,
November 16, 2015, at 9:30 a.m.

Subsequently, the parties address the Ex Parte Application for Writ of Attachment and
Temporary Protective Order. Counsel submits oral arguments.

10:44 a.m. The Court declares a morning recess

11:02 a.m. The hearing resumes. All parties are present. Having considered all supporting
pleadings and oral arguments from counsel, The Court GRANTS the Application for Temporary
Stay of Enforcement of Judgment Pursuant to Code of Civil Procedure Section 918(b), for
reasons set forth in open court by defendants Yellow Cab and Taxi Equipment Leasing. The
Court GRANTS the Request for Stay for 70 days from entry of judgment, (runs from November
16, 2015). The parties should reach an agreement concerning the date it should be. The Court
hears oral arguments re a request from plaintiff's counsel. The Court DENIES the request,
without prejudice. Counsel may file a noticed motion

The Court intends to schedule the hearing on the Motion for Judgment Notwithstanding the
Verdict at the hearing on November 16, 2015. Counsel shall provide a copy of the opposition.

The Court continues the action to November 16, 2015, at 10:00 a.m., for further hearing re
analyzing prejudgment interest pursuant to Code of Civil Procedure 3287 and the Ex Parte
Application For Writ Of Attachment; Temporary Protective Order. The Court sets a (5) page
limit on the letter submissions.

Case Number: CGC-11-515542
Case Title: IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ, et al.
-3- Date: November 10, 2015
Form: C01000