On September 08, 2010 a MINUTES FOR OCT-01-2019 10:00 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.
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO MINUTES October 01, 2019 Department: 303 COMMONWEALTH LAND TITLE Case Number: CGC-10-503332 INSURANCE COMPANY Nature of Cause: PLAINTIFF ORDER TO SHOW CAUSE VS. MOTION TO AMEND JUDGMENT FEDEX OFFICE AND PRINT SERVICES, INC., et al. DEFENDANT 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 cbassett@garlic.com Tel. 925- 210-2801 For defendant Jay Chandrakant Shah; and cglynn@glynnfinley.com 3rd party Mrudula Shah & Chandrakant Shah 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. (PROVIDE ACCESS) -1- Date: October 01, 2019 Form: C01006 Appearances: Jason W. Estavillo, Esq. LAW OFFICE OF JASON W. ESTAVILLO, PC 1330 Broadway, Suite 501 Oakland, CA 94612 Tel. 510-982-3001 jason@estavillolaw.com For 3rd party Michael Flores, EZ Source & Investment Property Management 10:24 a.m. The above-entitled action comes on calendar regularly for hearing re Order to Show Cause and Motion to Amend Judgment to Add Judgment Debtors. The Court, counsel and court staff are present as listed above. The hearing commences. The Court and counsel confer re the previously issued temporary restraining order, and the focus turns to the 3rd parties’ (Flores, EZ Source & Investment Property Management), 170.6 peremptory challenge against Judge Lam. Both sides submit oral arguments. The Court does not believe that he has to recuse himself and plans to go forward. The parties address the temporary restraining order and the Motion to Amend Judgment to Add Judgment Debtors. The Court hears oral arguments from the parties. After reviewing all pleadings and oral arguments from counsel, the Court issues its tentative ruling to grant the motion. The Court believes it has sufficient evidence to go forward due to evidence presented at the trial, as well as, the circumstance that Mr. Shah was in when transfers were made. The Court states that there were transfers of property during the punitive damages phase of trial and funds were distributed out to various properties. The Court also states that there were additional transfers that Mr. Flores was connected with. After the Court issues its ruling, counsel for defendants expresses an interest to present oral arguments. Craig Bassett presents oral arguments on behalf of the defendants. Robert Phelps presents oral arguments on behalf of the plaintiffs. Jason Estavillo presents oral arguments on behalf of the 3rd parties. The Court adopts its tentative ruling. The Court states that he is not adding the parents, only the corporate entities, and tracing funds/assets to those entities and those particular assets. The Court will allow for discovery from Mr. Shah to those entities for purchases. Plaintiffs shall prepare the written order. (The 3rd party is giving up rights to property). 11:49 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. (PROVIDE ACCESS) -2- Date: October 01, 2019 Form: C01006