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

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                IOV

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Nov-14-2012 9:17 am

Case Number: CGC-10-503332
Filing Date: Nov-14-2012 9:17
Filed by: MICHAEL RAYRAY

Juke Box: 001 Image: 03839405
GENERIC CIVIL FILING (NO FEE)

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

001003839405

Instructions:
Please place this sheet on top of the document to be scanned.Coe YN DH RW NY He

o

David A. Clinton, Esq. (Bar No. 150107)
Todd M. Austin, Esq. (Bar No. 232355)
Matthew J. Warren, Esq. (Bar No. 264514)
CLINTON & CLINTON

100 Oceangate, 14th Floor

Long Beach, California 90802

Ph.: (562) 216-5000

Fax: (562) 216-5001

DEPUTY CLERK
Attomeys for Defendant,
FEDEX OFFICE AND PRINT SERVICES, INC

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO

COMMONWEALTH LAND TITLE
INSURANCE COMPANY,

Plaintiff,
v.

FEDEX OFFICE AND PRINT SERVICES,
INC.; WINSTON LUM; BRUNO
AESCHBACHER; STEPHEN
FELLMANN;KAUSHAL NIROULA; JAY
CHANDRAKANT SHAH; ELVIA
PALIMINO; MORAD AFRAIMI;
MELVIN LEE EMERICH; MARTINI &
CHNOOGLE; GRACHELLE
LANGUBAN, and DOES 1-25,

Defendants.

SHIRLEY S. HWANG,

Plaintiff,

FEDEX OFFICE AND PRINT SERVICES,
INC., ete., et al.,

Defendants.

NCLIFS02\Data\C & C\Defendants\750 - FedEx\111012-
Hwang\Pleading\Objection-TrialDate.doc

LEAD CASE NO. CGC-10-503332

(Consolidated for all purposes with
CGC-11-512102)

DEFENDANT, FEDEX OFFICE AND
PRINT SERVICES, INC.’S OBJECTION
TO ORDER SETTING TRIAL DATE

AND REQUEST FOR OBJECTION
HEARING

DATE: November 21, 2012
TIME: 2:00 p.m.

DEPT.: 610

Date Filed: | September 8, 2010

Trial Date: June 3, 2013

Unlimited Jurisdiction

CASE NO. CGC-11-512102

Date Filed:
Trial Date:

June 29, 2011
June 3, 2013

Unlimited Jurisdiction

Defendant, FedEx Office's Objection to
Order Setting Trialoe IY DW Bw WH

10

TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that Defendant, FEDEX OFFICE AND PRINT SERVICES,
INC. (hereinafter “FedEx Office”) hereby objects to the Court’s November 6, 2012 Order setting
the time and place of trial. The Court had previously stayed all discovery in this matter pending
the resolution of the parallel criminal matters. FedEx Office is informed and believes that one
party, Kaushal Niroula will be tried after he is tried in Riverside County for murder and another
party, Melvin Emerich will soon be re-tried following a hung jury in the initial criminal trial. As
such, it is premature to lift the stay as the pending parallel criminal trials have not been
completed.

Regardless, because of the Stay, the parties have not performed any discovery. Given the
complexity of the underlying criminal scheme, the allegations in the consolidated Complaints,
and the number and location of the witnesses and parties (some of whom are incarcerated),
discovery will be lengthy. It is reasonably anticipated that discovery in this matter will take
eighteen to twenty-four months once the stay is lifted.

Moreover, it is anticipated that discovery will reveal information that justifies a Cross-
Complaint for Equity Indemnity against third parties. Finally, FedEx Office fully anticipates
filing a Motion for Summary Judgment, which would not be possible based on the June 3, 2012
and the discovery needed to support the Motion.

Accordingly, FedEx Office respectfully requests that this Court vacate the June 3, 2013
trial date, which provides the parties with insufficient time to conduct the necessary discovery to

evaluate the case for settlement purposes and/or prepare for trial.

DATED: November 13, 2012 TON & CLINTO

By:

JAVID A. CLINTON, ESQ.”
ODD M. AUSTIN, ESQ.
TTHEW JL, WA! IN, ESQ
ttorneys for Defendant
‘DEX OFFICE & PRIN’
SBRVICES, INC.

WCLIFS02\Data\C & C\Defendants\750 - FedEx\11\012- 2

Hwang\Pleading\Objection-TrialDate.doc Defendant, FedEx Office's Objection to

Order Setting TrialPROOF OF SERVICE BY MAIL
(California Code of Civil Procedure § 1013A(3))
Lam employed in the State of California. I am over the age of 18 years and not a party to
the within action; my business address is 100 Oceangate, Fourteenth Floor, Long Beach,
California 90802.

On November 13, 2012. I served the foregoing document described as: DEFENDANT,
FEDEX OFFICE AND PRINT SERVICES, INC.’S OBJECTION TO ORDER SETTING
TRIAL DATE AND REQUEST FOR OBJECTION HEARING on parties therein in this
action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully
prepaid, in the United States mail at Long Beach, California, addressed as follows:

SEE SERVICE LIST BELOW

I sealed and placed such envelope for collection and mailing to be deposited in the mail
on the same day in the ordinary course of business at Long Beach, California. The envelope was
mailed with postage thereon fully prepaid.

1am readily familiar with this firm's practice of collecting and processing correspondence
for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course
of business. I am aware that on motion of the party served, service is presumed invalid if postal
cancellation date or postage meter date is more than one day after date of deposit for the mailing
in affidavit.

(By Mail) I caused such envelope with postage thereon fully prepaid to be placed in the
X__ United States mail at Long Beach, California.

(By Fax) I caused such documents to be faxed at Long Beach, California from Fax
number (562)216-5001. The facsimile machine | used compiled with Rule 2003(3)
and no error was reported by the machine. Pursuant to Rule 2005(1), I caused the
machine to print a record of the transmission, a copy of which is attached to this
declaration.

(By Personal Service) I caused such envelope to be delivered by hand to the
addressee(s).

(State) I declare under the penalty of perjury under the laws of the State of California
X_ that the foregoing is true and correct.

(Federal) | declare that I am cmployed in the office of a member of the bar of this court
at whose direction this service was made.

Executed on November 13, 2012 at Long Beach, California.

GORIA VALDIVIA

\ICLIFSO2\Data\C & C\Defendants\750 - FedEx\11\012- 3

Hwang\Pleading\Objection-TriaiDate.doc ° Defendant, Fedéx Office's seenoOo ND HW BF WN

10

SERVICE LIST:
Commonwealth Land Title Ins. Co. v. FedEx Office, et al., Case No. CGC-10-503332

Shirley S. Hwang v. FedEx Office, et al., Case No. CGC-11-512102:

Edward A. Kunnes, Esq. (160632)

Peter K. Wolff, Jr., Esq. (142426)
FIDELITY NATIONAL LAW GROUP
100 North Wiget Land, Suite 150

Walnut Creek, California 94598

Tel: (925) 930-9550

Fax: (925) 930-9588

Attorney for Plaintiff, COMMONWEALTH

Clement Glynn, Esq. (SBN 57117)
GLYNN & FINLEY, LLP

One Walnut Creek Center

100 Pringle Avenue, Suite 500
Walnut Creek, California 94596
Tel: (925) 210-2800

Fax: (925) 945-1975

Attorney for Plaintiff, SHIRLEY S.
HWANG

ji TITLE INSURANCE COMPANY

Melvin Lee Emerich

209 Portola Court

Los Altos, California 94022-1431
Tel: (650) 776-8374

Kaushal Niroula

[Booking #200910575]

Indio Jail Facility

46057 Oasis Street Indio, CA 92201

In Pro Se Defendant _|
Craig J. Bassett, Esq. Grachelle Languban
25 West First Street {Inmate ID# 00673422]
Morgan Hill, California 95037 San Francisco County Jail #2
Phone: (408) 779-0007 425 7th Street
Fax: (408) 778-6005 San Francisco, CA 94103
cbassett@garlic.com

Defendant
Defendants, Jay Chandrakant Shah and
Elvia Palomino
Winston Lum Morad Afraimi
County Jail #3 912 Edge Cliff Drive
850 Bryant Street Reno, Nevada 89523
6" Floor In Pro Se

San Francisco, California 94103

He Pro Se

\CLIFSO2\Data\C & C\Defendants\750 - FedEx\i 1\012-
Hwang\Pleading\Objection-TrialDate.doc

Defendant, FedEx Office's Objection to
Order Setting Trial