On September 08, 2010 a
MINUTES FOR FEB-05-2020 9:30 AM
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
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
MINUTES
February 05, 2020 Department: 608
COMMONWEALTH LAND TITLE Case Number: CGC-10-503332
INSURANCE COMPANY
Nature of Cause:
PLAINTIFF
MOTION TO VACATE
VS. JUDGMENT
FEDEX OFFICE AND PRINT MOTION FOR ASSIGNMENT
SERVICES, INC., et al. ORDER AND FOR ORDER
RESTRAINING JUDGMENT
DEFENDANT DEBTORS AND THEIR AGENTS
Present:
Judge: NEWTON LAM Clerk: FELICIA GREEN
Reporter: Christine Bedard, CSR No. 10709; Bailiff: not present
Tel. 925-934-8884; email:
BarleyAndAssociates@comcast.net
Appearances:
Robert C. Phelps, Esq. Craig J. Bassett, Esq.
Morgan K. Lopez, Esq. ATTORNEY AT LAW
GLYNN & FINLEY, LLP 25 W. 1st Street
One Walnut Creek Center, Suite 500 Morgan Hill, CA 95037
100 Pringle Avenue Tel. 408-779-0007
Walnut Creek, CA 94956 Email: cbassett@garlic.com
Tel. 925- 210-2801 For defendant Jay Chandrakant Shah; and
Email: cglynn@glynnfinley.com 3rd party Mrudula Shah & Chandrakant Shah
Email: mlopez@glynnfinely.com
For plaintiff Shirley Hwang
Case Number: CGC-10-503332
Case Title: COMMONWEALTH LAND TITLE INSURANCE COMPANY vs. FEDEX
OFFICE AND PRINT SERVICES, INC., et al
-1- Date: February 05, 2020
Form: C01006
Appearances:
Marc A. Eisenhart
GATES EISENHART DAWSON
125 South Market Street, Suite 1200
San Jose, CA 95113-2288
Tel. (408) 288-8100
Email: mae@gedlaw.com
For non-parties, EZ Resource, Inc.,
Investment Property Management, LLC &
Michael Flores
9:27a.m. The above-entitled action comes on calendar regularly for hearing of Non-Parties,
EzResource, Inc., Investment Properties Management, LLC, and Michael Flores’ Non-Statutory
Motion to Vacate Judgment Brought, and plaintiff Shirley Hwang's Motion for Assignment
Order and for Order Restraining Judgment Debtors and their Agents. The Court, counsel and
court staff are present as listed above.
9:28 a.m. The Court and counsel focus on the Motion to Vacate Judgment.
Marc Eisenhart presents oral arguments on behalf of non-parties, EZ Resource, Inc., Investment
Property Management, LLC & Michael Flores.
9:44 a.m. Robert Phelps presents oral arguments on behalf of plaintiff, Shirley Hwang.
9:55 a.m. Marc Eisenhart presents oral arguments on behalf of non-parties, EZ Resource, Inc.,
Investment Property Management, LLC & Michael Flores.
10:00 a.m. Robert Phelps presents oral arguments on behalf of plaintiff, Shirley Hwang.
10:05 a.m. The Court inquires about the injunction issue by Judge Morgan in context with the
criminal matter, and lis pendens.
10:11 a.m. Marc Eisenhart presents oral arguments on behalf of non-parties, EZ Resource, Inc.,
Investment Property Management, LLC & Michael Flores.
10:19 a.m. Robert Phelps presents oral arguments on behalf of plaintiff, Shirley Hwang.
10:22 a.m. Having reviewed all pleadings in support of the motion and listening to oral
arguments, the Court issues his ruling. The Court DENIES the Motion to Vacate Judgment. The
Court previously found that Mr. Flores acted as an agent. The Court believes that the tracing of
the criminal funds and transfer to the agent is sufficient to deny the reconsideration.
Case Number: CGC-10-503332
Case Title: COMMONWEALTH LAND TITLE INSURANCE COMPANY vs. FEDEX
OFFICE AND PRINT SERVICES, INC., et al
-2- Date: February 05, 2020
Form: C01006
10:28 a.m. Counsel requests the court vacate the bench warrant against his client. The Court
states that the bench warrant was issued due to Mr. Flores’ failure to appear and he still has yet to
appear for court. Counsel is instructed to raise the matter in the department that issued the
warrant, Dept. 514.
10:31 a.m. The Court declares the morning recess.
10:39 a.m. The proceeding reconvenes. All parties are present. The Court and counsel address
the Motion for Assignment Order and for Order Restraining Judgment Debtors and their Agents.
Morgan Lopez presents oral arguments on behalf of plaintiff, Shirley Hwang.
10:44 a.m. Craig Bassett presents oral arguments on behalf of defendant, Jay Chandrakant Shah.
Counsel presumes that the motion is withdrawn as to CK Shah.
10:45 a.m. Morgan Lopez presents oral arguments on behalf of plaintiff, Shirley Hwang. Mr.
Lopez disagrees with the characterization of withdrawal as to CK Shah.
10:46 a.m. The Court states that the plaintiffs have a right to execute the judgment on properties
owned by the property debtor, and inquires about a change in ownership. The Court declares
that San Jose would be subject to execution of judgment.
10:47 a.m. Morgan Lopez believes that it was a pre-existing asset of Mr. Shah.
10:49 a.m. The Court briefly discusses ownership interest. The Court GRANTS the Motion for
Assignment Order of rents in Los Banos. There will be no assignment of rents for San Jose.
10:50 a.m. The parties review the proposed order. The Court signs the order in open court.
10:55 a.m. Court stands adjourned.
Case Number: CGC-10-503332
Case Title: COMMONWEALTH LAND TITLE INSURANCE COMPANY vs. FEDEX
OFFICE AND PRINT SERVICES, INC., et al
-3- Date: February 05, 2020
Form: C01006
Preview
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO MINUTES February 05, 2020 Department: 608 COMMONWEALTH LAND TITLE Case Number: CGC-10-503332 INSURANCE COMPANY Nature of Cause: PLAINTIFF MOTION TO VACATE VS. JUDGMENT FEDEX OFFICE AND PRINT MOTION FOR ASSIGNMENT SERVICES, INC., et al. ORDER AND FOR ORDER RESTRAINING JUDGMENT DEFENDANT DEBTORS AND THEIR AGENTS Present: Judge: NEWTON LAM Clerk: FELICIA GREEN Reporter: Christine Bedard, CSR No. 10709; Bailiff: not present Tel. 925-934-8884; email: BarleyAndAssociates@comcast.net Appearances: Robert C. Phelps, Esq. Craig J. Bassett, Esq. Morgan K. Lopez, Esq. ATTORNEY AT LAW GLYNN & FINLEY, LLP 25 W. 1st Street One Walnut Creek Center, Suite 500 Morgan Hill, CA 95037 100 Pringle Avenue Tel. 408-779-0007 Walnut Creek, CA 94956 Email: cbassett@garlic.com Tel. 925- 210-2801 For defendant Jay Chandrakant Shah; and Email: cglynn@glynnfinley.com 3rd party Mrudula Shah & Chandrakant Shah Email: mlopez@glynnfinely.com For plaintiff Shirley Hwang Case Number: CGC-10-503332 Case Title: COMMONWEALTH LAND TITLE INSURANCE COMPANY vs. FEDEX OFFICE AND PRINT SERVICES, INC., et al -1- Date: February 05, 2020 Form: C01006 Appearances: Marc A. Eisenhart GATES EISENHART DAWSON 125 South Market Street, Suite 1200 San Jose, CA 95113-2288 Tel. (408) 288-8100 Email: mae@gedlaw.com For non-parties, EZ Resource, Inc., Investment Property Management, LLC & Michael Flores 9:27a.m. The above-entitled action comes on calendar regularly for hearing of Non-Parties, EzResource, Inc., Investment Properties Management, LLC, and Michael Flores’ Non-Statutory Motion to Vacate Judgment Brought, and plaintiff Shirley Hwang's Motion for Assignment Order and for Order Restraining Judgment Debtors and their Agents. The Court, counsel and court staff are present as listed above. 9:28 a.m. The Court and counsel focus on the Motion to Vacate Judgment. Marc Eisenhart presents oral arguments on behalf of non-parties, EZ Resource, Inc., Investment Property Management, LLC & Michael Flores. 9:44 a.m. Robert Phelps presents oral arguments on behalf of plaintiff, Shirley Hwang. 9:55 a.m. Marc Eisenhart presents oral arguments on behalf of non-parties, EZ Resource, Inc., Investment Property Management, LLC & Michael Flores. 10:00 a.m. Robert Phelps presents oral arguments on behalf of plaintiff, Shirley Hwang. 10:05 a.m. The Court inquires about the injunction issue by Judge Morgan in context with the criminal matter, and lis pendens. 10:11 a.m. Marc Eisenhart presents oral arguments on behalf of non-parties, EZ Resource, Inc., Investment Property Management, LLC & Michael Flores. 10:19 a.m. Robert Phelps presents oral arguments on behalf of plaintiff, Shirley Hwang. 10:22 a.m. Having reviewed all pleadings in support of the motion and listening to oral arguments, the Court issues his ruling. The Court DENIES the Motion to Vacate Judgment. The Court previously found that Mr. Flores acted as an agent. The Court believes that the tracing of the criminal funds and transfer to the agent is sufficient to deny the reconsideration. Case Number: CGC-10-503332 Case Title: COMMONWEALTH LAND TITLE INSURANCE COMPANY vs. FEDEX OFFICE AND PRINT SERVICES, INC., et al -2- Date: February 05, 2020 Form: C01006 10:28 a.m. Counsel requests the court vacate the bench warrant against his client. The Court states that the bench warrant was issued due to Mr. Flores’ failure to appear and he still has yet to appear for court. Counsel is instructed to raise the matter in the department that issued the warrant, Dept. 514. 10:31 a.m. The Court declares the morning recess. 10:39 a.m. The proceeding reconvenes. All parties are present. The Court and counsel address the Motion for Assignment Order and for Order Restraining Judgment Debtors and their Agents. Morgan Lopez presents oral arguments on behalf of plaintiff, Shirley Hwang. 10:44 a.m. Craig Bassett presents oral arguments on behalf of defendant, Jay Chandrakant Shah. Counsel presumes that the motion is withdrawn as to CK Shah. 10:45 a.m. Morgan Lopez presents oral arguments on behalf of plaintiff, Shirley Hwang. Mr. Lopez disagrees with the characterization of withdrawal as to CK Shah. 10:46 a.m. The Court states that the plaintiffs have a right to execute the judgment on properties owned by the property debtor, and inquires about a change in ownership. The Court declares that San Jose would be subject to execution of judgment. 10:47 a.m. Morgan Lopez believes that it was a pre-existing asset of Mr. Shah. 10:49 a.m. The Court briefly discusses ownership interest. The Court GRANTS the Motion for Assignment Order of rents in Los Banos. There will be no assignment of rents for San Jose. 10:50 a.m. The parties review the proposed order. The Court signs the order in open court. 10:55 a.m. Court stands adjourned. Case Number: CGC-10-503332 Case Title: COMMONWEALTH LAND TITLE INSURANCE COMPANY vs. FEDEX OFFICE AND PRINT SERVICES, INC., et al -3- Date: February 05, 2020 Form: C01006