Hearing: COMMONWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVICES, INC et al (PROVIDE ACCESS)

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                                I    GLYNN & FINLEY,            LLP
                            CLEMENT L.        GLYNN, Bar No.         57117
                       2    MORGAN K. LOPEZ, Bar No.               215513
                            One Walnut Creek Center
                       3    100 Pringle Avenue,       Suite 500                                                  ELECTRONICALLY
                            Walnut Creek, CA 94596                                                                  F  I  L   E  D
                       4    Telephone:    (925) 210-2800                                                         Superior Court of California,
                            Facsimile:                                                                            County of San Francisco
                                         (925) 945-1975
                       5                                                                                             08/15/2019
                                     Attorneys for Cross-Defendant/Plaintiff                                     Clerk of the Court
                                     Shirley Hwang                                                                 BY: DAVID YUEN
                                                                                                                              Deputy Clerk




                                                   SUPERIOR COURT OF THE STATE OF CALIFORNIA

                                              IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO

                     10
                                                                                  )      Lead Case No. CGC-10-503332
                     11    COMMONWEALTH LAND TITLE                                )      (Consolidated for all purposes with
                           INSURANCE COMPANY,                                     )      CGC-11-512102)
                     12
                                                                                  )
                                                   Plaintiff,                     )     PLAINTIFF SHIRLEY S. HWANG'S
                     13                                                                 NOTICE OF MOTION AND MOTION
                                                                                  )
                                  vs.                                             )     TO AMEND THE JIJDGMKNT TO ADD
                     14                                                                 JUDGMENT DEBTORS
                                                                                  )
                           FEDFX OFFICE AND PRINT SERVICES                        )
                           INC4 WINSTON LUM; KAUSHAL                              )     Date:            September 9, 2019
                           NIROULA; JAY CHANDRAKANT                               )     Tsme:            10:00 a.m.
                     16    SHAH      ELVIA PALOMINO             MORAD                   Dept.:           303
                                                                                  )
                           AFRAIMI; MELVIN LEE EMERICH;                           )
                           MARTINI CHNOOGLE;               GRACHELLE              )     Accomnanvina Docunscnts
                           LANGUBAN; MERCHANTS                   BONDING          )
                     18    COMPANY, and DOES              1-24,                             Memorandum of Points
                                                                                  )     1.                                 & Authorities
                                                                                        2.  Declaration of Morgan         K. Lopez
                    19                            Defendants                            3.  Request for Judicial Notice
                                                                                  )
                                                                                  )
                                                                                  )
                                                                                  )     CASE NO.      CGC-11-512102
                                                                                  )
                                                                                  )
                                  vs.                                             )
                    23
                                                                                  )
                          FEDEX OFFICE AND PRINT SERVICES                         )
                    24    INC     WINSTON LUM           KAUSHAL                   )
                          NIROULA, JAY CHANDRAKANT SHAH,                          )
                    25    MELVIN LEE EMERICH                GRACHELLE             )
                          LANGUBAN, and MARTINI &                                 )
                    26    CHNOOGLE, and DOES              1-50,                   )
                                                                                  )
                    27                            Cross-Defendants.               )
                                                                                 )
                    28                                                           )


                                NOTICE OF PLAINTIFF SHIRLFY HWANG'S MOTION TO ADD JUDGMENT DEBTORS
                       I             TO DEFFNDANT JAY SIIAH AND HIS                     ATTORNEYS OF RECORD:
                       2             PLEASE TAKE NOTICE that on September 9, 2019, at                     10:00 a.m., or as soon thereafter

                       3    as the matter may be heard, before the Honorable Newton J. Lam of this Court,                   located at 400
                       4    McAllister St.,    San Francisco, CA 94102, Plaintiff Shirley Hwang will bring on for hearing this

                       5    motion   to add as judgment debtors certain entities controlled by Defendant/Judgment Debtor Jay

                      6     Shah.   The motion also seeks to avoid certain transfers pursuant to the Uniform Voidable

                      7    Transfers Act ("UVTA") relating to the following real property:               530 Adams Ave., Los Banos,
                      8    CA, 2071     Genoa Court, Los Banos, CA,         317 Crescent Drive, Los Banos, CA, 732 Bluff Drive

                      9    Los Banos, CA,      and   659  South   15th Street, San Jose, CA.

                     10             This motion is made on the grounds that Mr.            Shah has used shell companies and other
                     11    artifices to fraudulently transfer certain real property purchased with stolen funds in an attempt to

                     12    place the assets out of reach of Mr.       Shah's creditors.     To see that justice is done, the Court should
                     13    amend the judgment to add the following judgment debtors:                 Megan & Kasi Properties, LLC,
                     14    M& K Properties, LLC, and Martini & Chnoogle.                Additionally, the Court should avoid transfers
                     15    by those entities to individuals and entities acting in concert with Mr.            Shah, pursuant to the actual
                     16    and constructive fraud prongs of the UVTA.             Finally, the Court should issue a writ of execution
                     17    with respect to the real property assets, which will allow Plaintiff to use them to partially satisfy

                    18     her outstanding judgment.

                    19              This motion is based upon this Notice and Motion and the accompanying Memorandum

                    20     of Points and Authorities, the Declaration of Morgan K. Lopez, including the exhibits submitted
                    21     therewith, the request for judicial notice, all pleadings, orders and papers on file in this action,

                    22     and upon such other matters of which the Court may take judicial notice or which may be

                    23    presented to the Court at the time of hearing.

                    24                     Dated:    August   15, 2019                    GLYNN & FINLEY, LLP
                                                                                          CLEMENT L.        GLYNN
                    25                                                                    MORGAN K. LOPEZ
                    26

                    27
                                                                                                 Shirley S. Hwang


                                                                                  - I-
                                NOTICE OF PLAINTIFF SHIRLEY HWANG'S MOTION TO ADD JUDGMENT DEBTORS