On September 08, 2010 a
Motion-Secondary
was filed
involving a dispute between
Commonwealth Land Title Insurance Company,
Hwang, Shirley S.,
Fedex Office And Print Services, Inc,
Lum, Winston,
Merchants Bonding Company,
and
Aeschbacher, Bruno,
Afraimi, Morad,
Does 1-25,
Does 1-50,
Emerich, Melvin Lee,
Fedex Office And Print Services, Inc,
Fellmann, Stephen,
Languban, Grachelle,
Lum, Winston,
Lum,, Winston,
Martini & Chnoogle,
Martini & Chnoogle, Inc.,
Megan & Kasi Properties Llc,
Merchants Bonding Company,
M & K Properties, Llc,
Niroula, Kaushal,
Palomino, Elvia,
Replogle, David P.O. Box,
Shah, Jay Chandrakant Ap3101 California Medical Faci Vacaville, Ca 95696,
Hwang, Shirley S.,
for civil
in the District Court of San Francisco County.
Preview
Jason W. Estavillo (Bar No. 188093)
Caitlin M. Phair (Bar No. 306685)
David I. Blumenfeld (Bar No. 124157) ELECTRONICALLY
LAW OFFICES OF JASON ESTAVILLO F I L E D
1330 Broadway, Suite 501 Superior Court of California,
County of San Francisco
Oakland, California 94612
Telephone: (510) 982-3001 09/18/2019
Clerk of the Court
Facsimile: (510) 982-3002 BY: BOWMAN LIU
Deputy Clerk
Attorneys for Proposed Judgment Debtors
EZRESOURCE, Inc., Michael Flores, and
Investment Property Management LLC
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
10
CITY AND COUNTY OF SAN FRANCISCO
12 COMMONWEALTH LAND TITLE ) Lead Case No.: CGC-10-503332
INSURANCE COMPANY, ) (Consolidated for all purposes with
13 CGC-11-512012)
Plaintiff, )
14
V. )
15 ) ATTORNEY AFFIDAVIT OF JASON W.
FEDEX OFFICE AND PRINT SERVICES ) ESTAVILLO IN SUPPORT OF
INC.; WINSTON LUM; KAUSHAL ) PEREMPTORY DISQUALIFICATION
NIROULA; JAY CHANDRAKANT SHAH; OF JUDGE NEWTON J. LAM
ELVIA PALOMINO; MORAD AFRAIMI; )
17 )
MELVIN LEE EMERICH; MARTINI
CHNOOGLE; GRACHELE LANGUBAN; )
18 MERCHANTS BONDING COMPANY, and )
DOES 1-24, )
19
)
Defendants. )
20
)
21
SHIRLEY S. HWANG,
)
Plaintiff, ) Case No. CGC-11-512102
22
V. )
23
)
FEDEX OFFICE AND PRINT SERVICES )
24 INC., WINSTON LUM, KAUSHAL
NIROULA, JAY CHANDRAKANT SHAH, )
25 MELVIN LEE EMERICH, )
GRACECHELLED LANGUBAN, AND
26 MARTINI & CHNOOGLE, AND DOES 1-50,)
)
Defendants,
28
CAW OFFICSSOF3AS3S
CA ESIABBIO, PC
1330 deaden, 5 ce 501
Commonwealth etc., et al.
Caalaad, CA 91512
TBFPuae 5510) 9953501
v.Fedex, etc., et al., Attorney Affidavit is Support of Peremptory
Fa and related cross action
CSN) 992-3002
la.
Disqualifrcation of Judge Newton J. Lam
AFFIDVAIT IN SUPPORT OF PEREMPTORY CHALLKNGK
3 I, Jason W. Estavillo, being duly sworn, deposes and declares:
1. Third Parties/Proposed Judgment Debtors herein EZRESOURCE, Inc., Michael Flores, and
Investment Property Management (the "Third Parties" ), were not parties to the underlying
civil actions herein and were not part of any judgment in these matters. Cross-
Defendant/Plaintiff Shirley S. Hwang, through her counsel, is attempting to have Third Parties
added to the Judgment as judgment debtors after trial.
2. Iam an attorney licensed to practice before all the Courts of the State of California and I am
10 one of the attorneys for the Third Parties.
3. Judge Newton J. Lam, who was the trial judge in the underlying actions, and before whom
12 Cross-Defendant/Plaintiff Shirley S. Hwang's motion to amend judgment to add judgment
13 debtors, and order to show cause directed to the Third Parties, is pending is prejudiced against
14 the Third Parties or the interests of the Third Parties, so that declarant believes that the Third
15 Parties cannot have a fair and impartial ntaI or hearing before this Judge. [CCP II 170.6(a)(6) j
16
17 I declare under penalty of perjury, under the laws of the State of California that the foregoing is true
18 and correct.
19 Dated: September 18, 2019
20
21
Jason W JEstavillo
22
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25
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IAW OFFIOW OF )8939
W. 85FAV010, FC
13308mad as,s 1
501
Commonwealth etc.,
Cdkuad, CA 95832
Fdaaa m (510) 982-3001
et al.v.Pedex, etc., et al., Attorney Affidavit is Support of Peremptory
Fats mls. and related cross action
2510) 982-3002
Disgualificatton o/ Judge Newton J. /am