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

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                24

25

J. Edward Kerley (175695)

Dylan L. Schaffer (153612)
Kerley Schaffer LLP

1939 Harrison Street, #500
Oakland, California 94612

Telephone: (510) 379-5801
Facsimile: (510) 228-0350

Attorneys for Defendant/Cross-
Complainant JAY SHAH

ELECTRONICALLY

FILED

Superior Court of California,
County of San Francisco

05/06/2015
Clerk of the Court
BY-WILLIAM TRUPEK

Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNT OF SAN FRANCISCO — UNLIMITED CIVIL JURISDICTION

COMMONWEALTH LAND TITLE
INSURANCE COMPANY,

Plaintiff,
Vv.

FEDEX OFFICE AND PRINT
SERVICES INC.; WINSTON LUM;
KAUSHAL NIROULA; JAY SHAH
ELVIA PALOMINO; MORAD
AFRAIMI; MELVIN LEE EMERICH;
MARTINI CHNOOGLE;
GRACHELLE LANGUBAN;
MERCHANTES BONDING
COMPANY and Does 1 through 24,

Defendants.

SHIRLEY S. HWANG,

Plaintiff,

Case No. CGC 10-503332
(Consolidated for all purposes with CGC
11-512102)

NOTICE OF MOTION AND
MOTION TO STAY TRIAL OR IN
THE ALTERNATIVE TO
BIFURCATE PROCEEDINGS
AGAINST DEFENDANT SHAH

Dept: 302

Date: July 9, 2015

Time: 9:30 a.m.

Trial date: August 31, 2015

Reservation No. 05060709-01.

Notice of Motion and Motion to Stay
Trial or to BifurcateFEDEX OFFICE
SERVICES INC.;

KAUSHAL NIROULA; JAY SHAH;
MELVIN LEE EMERICH; MARTINI
CHNOOGLE; GRACHELLE
LANGUBAN; MERCHANTES
BONDING COMPANY and Does 1

through 24,

AND PRINT
WINSTON LUM;

Defendants.

TO EACH PARTY AND COUNSEL OF RECORD FOR EACH PARTY:

PLEASE TAKE NOTICE that on July 9, 2015, in Department 302 at 9:30 a.m.,

Defendant Jay Shah will move the Court for its order staying trial in these consolidated

proceedings, or in th

¢ alternative an order bifurcating trial of claims against Jay Shah, until

such time as his criminal appeal is decided and remittitur issues in that matter.

The motion s'

conviction in defend:

ould be granted because until such time as the judgement of

fant Shah’s and Lum’s criminal cases, which relate to the precise conduct

at issue in these consolidated cases, is either affirmed or reversed by the First District Court

of Appeal, a trial in

the Court’s resources.

If the crimin:

issues here will likely

ese consolidated cases would be an exercise in futility and wasting of

judgments are affirmed by the Court of Appeal, no trial on liability

be necessary. Plaintiffs Commonwealth and Hwang will assert and the

Court will likely conclude that the final criminal judgment collaterally estops all claims by

Shah and Lum that tl

hey are not liable for damages caused by the alleged conspiracy to file

forged grant deeds and to fraudulently obtain loan funds. In that case the trial is likely to last

less than week, focusing exclusively on the damage to Commonwealth and Hwang allegedly

caused by Shah’s and

Lum’s alleged misconduct

-1-

Notice of Motion and Motion to Stay
Trial or to Bifurcate17

18

19

But until such time as the criminal judgments are affirmed, Plaintiffs will be required
to prove Shah’s and Lum’s liability, and Shah and Lum will have an opportunity to assert
their non-liability. Thus, contrary to the claims of Commonwealth and Hwang in their recent
case management statements, the trial presently set for August 31, 2015, is likely to look
much like the criminal trial—lasting more than three months.

The prudent coutse is to stay trial in these consolidated cases until the criminal
judgment is either affirmed or reversed. In the alternative, defendant Shah requests that the
causes of action against him be bifurcated from those against other defendants and trial
stayed until the criminal judgment in his case is either affirmed or reversed.

The Moton is based on this notice of motion and motion, the accompanying
memorandum of points and authorities in support of the Motion, the Declaration of Dylan
L.Schaffer being filed concurrently, the complete court file in this case, and any further

argument and evidence the Court may receive at ot before the hearing on this motion.

Date: May 6, 2015 Kerley Schaffer LLP

f

J. EdWped Kerley
Dylan L. Schaffer
Attorneys for JAY SHAH

pt

Notice of Motion and Motion to Stay
Trial or to BifurcatePROOF OF SERVICE

San Francisco Superior Court, Unlimited Division,
Commonwealth Land Title Ins. Co. v. Fedex
Office and Print Services, Inc. et al
Case No. CGC 10-503332
(Consolidated with Case No. 11-512102)

I declare that I am over the age of 18 years and not a party to this action. My business address is
1939 Harrison Street, #500, Oakland, CA 94612. On May 6, 2015, I served the following on the

23

24

interested parties in this action:

1. Motion for Stay of Trial

2. Declaration of Dylan Schaffer in Support of Motion
3. Memorandum of Points and Authorities in Support of Motion

MORGAN LOPEZ

GLYNN & FINLEY LLP

ONE WALNUT CREEK CENTER
100 PRINGLE AVE, SUITE 500
WALNUT CREEK, CA 94596
(Counsel for Shirley Hwang)
Email: mlopez@GlynnFinley.com

MICHAEL SMITH

MANNING & KASS ELLROD, RAMIREZ, TRESTER
121 SPEAR STREET, SUITE 200

SAN FRANCISCO, CA 94105

(Counsel for Fedex Office and Print Services)
Email: mls@manningllp.com

CRAIG JAY BASSETT (106825)
CRAIG J BASSETT

25 W FIRST STREET

MORGAN HILL, CA 95037-4559
(Counsel for Elvia Palomino)
Email: cbassett@garlic.com

MELVIN LEE EMERICH (118180)
209 PORTOLA CT

LOS ALTOS, CA 94022

(Pro Per)

Email: mlemerich@yahoo.com

Scott Long, Esq.

Ql MAIL:

deposit with United States Postal Service.

-1-

Fidelity National Law Group

1550 Parkside Drive, Suite 300

Walnut Creek, CA 94596

(Counsel for Commonwealth Land Title
Insurance)

Email: scott.long@fnf.com

WINSTON LUM

COUNTY JAIL #3, ID# 399161
850 BRYANT ST, 6TH FLOOR
SAN FRANCISCO, CA 94103
(Pro Se)

DAVID REPLOGLE
AH3617

P.O. BOX 5242
CORCORAN, CA 93212

KAUSHAL NIROULA
AN1518

Mule Creek State Prison
P.O. Box 409099

lone, CA 95640.

Morad Afraimi
912 Edgecliff Drive
Reno, NEV 89523

By placing such documents(s) in a sealed envelope, with postage prepaid for first class
mail, for collection and mailing at Oakland California following ordinary business practice for

Proof of Serviceo

ESERVICE: Based upon an order of the Court, | caused the documents to be sent to those persons
listed above that could be electronically served through an authorized electronic service vendor.

FAX: By causing to be transmitted the documents by use of fax machine telephone number

(510)228-0350 to the parties at the facsimile numbers listed on the service list above. The fax
machine used complies with California Rule of Court 2.301. The transmission was reported as
complete and no error was reported by the machine. I caused the transmitting machine to print a
record of the transmission, a copy of which is attached to this declaration.

E-MAIL: __ By electronic mail to the addresses noted above

FEDEX: By placing for overnight delivery such documents(s) in a facility or box that is
regularly maintained by FedEx.
HAND DELIVERY: Caused to be hand delivered.

I declare under penalty of perjury under the laws of the State of California and the United States that

the foregoing is true, and if called as a witness I could testify competently thereto. This declaration was
executed on May 6, 2015, at Oakland, California.

Dylf. Schaffer

-2-

Proof of Service