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

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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Jan-25-2019 7:23 am

Case Number: CGC-10-503332
Filing Date: Jan-25-2019 7:22
Filed by: JOHNNY SENGMANY
Image: 06659823
ORDER

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

001C06659823

Instructions:
Please place this sheet on top of the document to be scanned.C

GLYNN & FINLEY, LLP D
CLEMENT L. GLYNN, Bar No. 57117 San Francisco County Superior Court
MORGAN K. LOPEZ, Bar No. 215513

One Walnut Creek Center JAN 25 2019

100 Pringle Avenue, Suite 500

Walnut Creek, CA 94596 CLERK OF COURT

Telephone: (925) 210-2800 BY: wi
Facsimile: (925) 945-1975 oe hy
/ 7
Attorneys for Cross-Defendant/Plaintiff i ./
Shirley Hwang y

SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO

Lead Case No. CGC-10-503332

COMMONWEALTH LAND TITLE (Consolidated for all purposes with

INSURANCE COMPANY, CGC-11-512102)
Plaintiff,
ORDER ENTERING
vs. REVISED JUDGMENT NUNC PRO

TUNC
FEDEX OFFICE AND PRINT SERVICES
INC.; WINSTON LUM; KAUSHAL
NIROULA; JAY CHANDRAKANT
SHAH; ELVIA PALOMINO; MORAD
AFRAIMI; MELVIN LEE EMERICH;
MARTINI CHNOOGLE; GRACHELLE
LANGUBAN; MERCHANTS BONDING
COMPANY, and DOES 1-24,

Initial Trial Date: August 7, 2017
Dept.: 303

Defendants.

SHIRLEY S. HWANG, CASE NO. CGC-11-512102

Plaintiff,
vs.

FEDEX OFFICE AND PRINT SERVICES
INC., WINSTON LUM, KAUSHAL
NIROULA, JAY CHANDRAKANT SHAH,
MELVIN LEE EMERICH, GRACHELLE
LANGUBAN, and MARTINI &
CHNOOGLE, and DOES 1-50,

Cross-Defendants.

eS eee

[BROPOSEB] ORDER RE REVISED JUDGMENTWHEREAS, on December 10, 2018, the trial court entered judgment in the above matter;

WHEREAS, following the entry of judgment counsel for defendant notified plaintiff's
counsel that the amount of the FedEx settlement the Court used to calculate the setoff amount
was understated. The record evidence was that Plaintiff received $1.25 million from FedEx;
however, the Court’s calculations calculated setoff based on a $1.2 million settlement;

WHEREAS, multiplying the $1.25 million FedEx settlement by the Court’s economic
damages ratio of .6925 results in a revised FedEx setoff amount of $865,625, which increases the
total setoff to $934,875, reduces the economic damages after setoff to $542,025, and thus reduces
the total damages to $2,797,581.

WHEREAS, the recalculated economic damages also reduces the amount of prejudgment
interest awarded from $75,633 to $71,726.

WHEREAS, the partics have met and conferred regarding the revised judgment and
Defendant’s counsel has filed a separate pleading providing his consent “to the entry of a revised
money judgment in the form now proposed by plaintiff.” See Objections to Judgment Entered
and Limited Consent to Entry of Revised Judgment Nunc Pro Tunc at p. 3:18-19, A true and
correct copy of the revised judgment is attached hereto as Exhibit A;

ACCORDINGLY, Plaintiff respectfully requests that the Court enter the attached revised
judgment in place and instead of the judgment entered December 10, 2018.

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TEROPOSEB] ORDER RE REVISED JUDGMENTNn

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WHEREAS, Plaintiff further requests that (i) the date of entry of the attached revised
judgment will be treated as the initial date of entry of judgment for purposes of calculating post-
judgment deadlines, including but not limited to the deadline for Plaintiff to seek her costs, and
(ii) post-judgment interest on the revised judgment that began accruing on December 10, 2018.
In his separate filing, Defendant’s counsel also “consents that the judgment be revised nunc pro
tunc to December 10, 2018, when the Court entered its original judgment.” Jbid. at p. 3:22-23.

Dated: January 11,2019 GLYNN & FINLEY, LLP
CLEMENT L. GLYNN
MORGAN K. LOPEZ
One Walnut Creek Center
100 Pringle Avenue, Suite 500
Walnut Creek, CA 94596

HK

By pW
Attor for Plaintiff

Shirley S, Hwang

Based on the foregoing, and good cause appearing, IT IS SO ORDERED.

DATED: _ 1) ayy Vy \\ Wh
TO JUDGE OF THE SUPERIOR COURT
NEWTON LAM

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[EROPOSEBY ORDER RE REVISED JUDGMENTExhibit AJUD-100

[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address)
Clement L. Glynn, Bar No. 577117; Morgan K. Lopez, Bar No. 215513
[Glynn & Finley, LLP
100 Pringle Avenue, Suite 500, Walnut Creek, CA 94596
TevepHone No: 925-210-2800 FAXNO. (Optionay 925-945-1975
E-MAIi. ADDRESS (Optonaiy op lynn@glynnfinley.com; mlopez@glynnfinley.com
ATTORNEY FOR (Name) Sibel laintiff Shirley Hwang

FOR COURT USE ONLY

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
sreetanoress; 400 McAllister Street
MAILING ADDRESS:
crryano zip cone: San Francisco, CA 94102
sranc name: Civic Center Courthouse

PLAINTIFF, Commonwealth Land Title Insurance Company

DEFENDANT: FedEx Office and Print Services Inc., et al.

JUDGMENT CASE NUMBER:
By Clerk By Default (7) After Court Trial CGC-10-503332 (Consolidated
¥] By Court On Stipulation Defendant Did Not for all purposes with
Appear at Trial CGC-11-512102)
JUDGMENT

4. BY DEFAULT
a. Defendant was properly served with a copy of the summons and complaint.

. Defendant failed to answer the complaint or appear and defend the action within the time allowed by law.

b.
c. Defendant's default was entered by the clerk upon plaintiff's application.
Jd.

this state for the recovery of money.

e. Court Judgment (Code Civ. Proc., § 585(b)). The court considered
(1) [) plaintiffs testimony and other evidence.
(2) plaintiff's written declaration (Code Civ. Proc., § 585(d)).
2 ON STIPULATION

judgment and
b. the signed written stipulation was filed in the case.

Clerk's Judgment (Code Civ. Proc., § 585(a)). Defendant was sued only on a contract or judgment of a court of

a. Plaintiff and defendant agreed (stipulated) that a judgment be entered in this case. The court approved the stipulated

c the stipulation was stated in open court the stipulation was stated on the record.

3. [¥_] AFTER COURT TRIAL. The jury was waived. The court considered the evidence.
a. The case was tried on (date and time): August 8-15, 2017; November 8, 2017

before (name of judicial officer): Newton J. Lam
b. Appearances by:

¥ | Plaintiff (name each): W
(1) Shirley S. Hwang

(2)

Continued on Attachment 3b.

¥_| Defendant (name each): w
(1) Jay C. Shah

(2)
Continued on Attachment 3b.

Plaintiff's attorney (name each):
(1) Clement L. Glynn

(2) Morgan K, Lopez

Defendant 's attorney (name each):
(1) Craig J. Bassett

(2) Gene V, Halavanau

c. [__] Defendant did not appear at trial. Defendant was properly served with notice of trial.
d. L¥_] A statement of decision (Code Civ. Proc., § 632) was not ¥ | was requested.
Page 1 of2
Deroved for Gplional Use JUDGMENT Code of Civil Procedure, §§ 585. 654 6

fa! Council of California
100 INow Jaruary *. 2002}* L PLAINTIFF; Commonwealth Land Title Insurance Company

DEFENDANT: FedEx Office and Print Services Inc., et al,

‘CASE NUMBER:

CGC-10-503332 (Consolidated
for all purposes with

JUDGMENT IS ENTERED AS FOLLOWS BY: [4] THE court ([[] THE CLERK =TI=
4. Stipulated Judgment. Judgment is entered according to the stipulation of the parties.
5. Parties. Judgment is
a. Lv] for plaintiff (name each): c. for cross-complainant (name each):
Shirley S. Hwang
and against defendant (names): and against cross-defendant (name each):
Jay C. Shah
{] Continued on Attachment 5a. Continued on Attachment 5c.
b. for defendant (name each): d. oOo for cross-defendant (name each):
6. Amount.
a. Defendant named in item 5a above must c. [_] Cross-defendant named in item 5c above must pay
pay plaintiff on the complaint: cross-complainant on the cross-complaint:
(1) [7] Damages $ 2,797,581 (1) [] Damages $
(2) (4) Prejudgment $ 71,726 (2) [) Prejudgment $
interest at the interest at the
annual rate of 10 % annual rate of %
(3) Attorney fees $ (3) Attorney fees $
(4) (4) Costs $ TBD (4) Costs $
©) [21 other (specity): 8 ©) 1 other (specify): $
(6) TOTAL $ (6) TOTAL $
b. Plaintiff to receive nothing from defendant d. [[] Cross-complainant to receive nothing from
named in item 5b. cross-defendant named in item 5d.
Defendant named in item 5b to recover [) Cross-defendant named in item 5d to recover
costs $ costs $
(J and attorney fees $ [) and attorney fees $
7. Other (specify):
. \ .
Date: Yas \ i NWN eS oo
JUDICIAL OFFICER
Date: oN EW ON LAM , Deputy
{SEAL} CLERK'S CERTIFICATE (Optional)
| certify that this is a true copy of the original judgment on file in the court.
Date:
Clerk, by , Deputy
Page 2 of?

JUD-100 [Now January 1, 2002]

JUDGMENT

02)Lead Case No. CGC-10-503332
(consolidated for all purposes with CGC-11-512102)
PROOF OF SERVICE BY U.S. MAIL

I, Gina M, Bentley, the undersigned, hereby certify and declare under penalty of
perjury that the following statements are true and correct:

1. 1am over the age of 18 years and am not a party to the within cause.

2. My business address is One Walnut Creek Center, 100 Pringle Avenue,
Suite 500, Walnut Creek, CA 94596.

3. lam familiar with my employer’s mail collection and processing practices;
know that said mail is collected and deposited with the United States Postal Service on the same
day it is deposited in interoffice mail; and know that postage thereon is fully prepaid.

4. Following said practice, on January 11, 2019 I served a true and correct
copy of the attached document entitled exactly:

{PROPOSED] ORDER ENTERING REVISED JUDGMENT NUNC PRO TUNC

by placing it in an addressed, sealed envelope and depositing it in regularly maintained

interoffice mail to the following:

Craig Jay Bassett Yauheni V. Halavanau

Attorney at Law Law Offices of Gene Halavanau

25 W. First Street 55 Francisco Street, Suite 403

Morgan Hill, CA 95037 San Francisco, CA 94133-2115

T: 408-779-0007; F: 408-778-6005 T: 415-692-5301; F: 415-692-8412
Email: cbassett@garlic.com Email: gene@halavanau.com
Attorney for Defendants Elvia Palomino and Association of Counsel for Defendant
Jay Chandrakant Shah Jay Chandrakant Shah

Executed this 11th day of Januai Zou at Walnut Creek, California.

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PROOF OF SERVICE