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1 ADAM R. SALVAS (SBN 191379)
Fidelity National Law Group
2 The Law Division of Fidelity National Title Group, Inc.
1550 Parkside Drive, Suite 300
3 Walnut Creek, CA 94596
Telephone: (925) 817-3719
4 Facsimile: (925) 930-9588
adam.salvas@fnf.com
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Attorneys for Plaintiff,
6 LAWYERS TITLE COMPANY
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SAN MATEO
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LAWYERS TITLE COMPANY, Case No.: 22CIV03316
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Plaintiff, [Proposed] ORDER DISCHARGING AND
13 DISMISSING LAWYERS TITLE COMPANY
vs. PURSUANT TO CODE CIV. PROC. §§ 386(b);
14 386.5
DAVID MAR and SAMANTHA MAR, as
15 Trustees of the David Mar and Samantha Mar Date: January 25, 2023
Revocable Living Trust dated 06/13/2016; Time: 2:00 p.m.
16 STEPHEN J. GOROG; and DOES 1 through 50, Dept.: 2
inclusive,
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Defendants.
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21 Plaintiff LAWYERS TITLE COMPANY’s (“LTC”) Motion for Discharge Pursuant to Code of
22 Civil Procedure §§ 386(b) and 386.6 was regularly scheduled to be heard by the Court on January 25,
23 2023, at 2:00 p.m. in Department 2. On January 24, 2023, the Court posted its tentative ruling. No party
24 contested the tentative ruling and it became Order of the Court.
25 The Court, having reviewed the moving papers and pleadings filed in opposition to and in
26 support of the Motion and argument of counsel, and good cause appearing:
27 It is ORDERED, ADJUDGED, and DECREED as follows:
28 Plaintiff Fidelity National Title Company’s Motion for Discharge and Dismissal Pursuant to
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[Proposed] Order Granting LTC’s Motion to Discharge & Dismiss
1 Code of Civil Procedure §§ 386(b) and 386.6 is Granted as set forth on Exhibit A attached hereto.
2 IT IS SO ORDERED.
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Dated: ______________ ________________________________________
5 JUDGE OF THE SUPERIOR COURT
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[Proposed] Order Granting LTC’s Motion to Discharge & Dismiss
Exhibit A
January 25, 2023 Law and Motion Calendar PAGE 5
Judge: HONORABLE MARIE S. WEINER, Department 2
________________________________________________________________________
2:00
22-CIV-03316 LAWYERS TITLE COMPANY VS. DAVID MAR, ET AL.
LAWYERS TITLE COMPANY ADAM R. SALVAS
DAVID MAR
MOTION TO DISCHARGE & DISMISS STAKEHOLDER PURSUANT TO CODE CIV. PROC.
386(b); 386.5
TENTATIVE RULING:
The unopposed motion for discharge and dismissal filed by Plaintiff Lawyers Title
Company is GRANTED. The motion satisfies all the requirements of discharging an
interpleading plaintiff. All interested parties have been served. Defendants David Mar
and Samantha Mar have defaulted, and Defendant Stephen Gorog has appeared.
The disputed funds, $24,000.00, were deposited with the court the same day the
complaint was filed on August 12, 2022.
Plaintiff Lawyers Title Company is discharged from any and all liability relating to the
$24,000.00 in funds deposited with the Court on August 12, 2022.
If the tentative ruling is uncontested, it shall become the order of the Court.
1 PROOF OF SERVICE
Lawyers Title Company. v. David Mar, et al.
2 San Mateo County Superior Court Case No.: 22CIV03316
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I am employed in the County of Contra Costa, State of California. I am over the age of 18
4 years and not a party to the within action. My business address is 1550 Parkside Drive, Suite 300,
Walnut Creek, California 94596.
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On January 26, 2023, I served the within:
6 • [Proposed] ORDER DISCHARGING AND DISMISSING LAWYERS TITLE
7 COMPANY PURSUANT TO CODE CIV. PROC. §§ 386(b), 386.5
on the parties in said action by placing a true copy thereof as indicated below, addressed as follows:
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Stephen J. Gorog
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5916 Hazel Avenue
10 Richmond, CA 94805
Telephone: (415) 309-0235
11 Email: stevegorog@gmail.com
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David Mar
13 Samantha Mar
115 Maywood Drive
14 San Francisco, CA 94127
Email: yellowsun@gmail.com
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BY MAIL: I caused such envelope(s) with postage thereon fully prepaid to be placed for
17 collection and mailing at my place of business. Following ordinary business practices, said
correspondence will be deposited with the United States Postal Service at Walnut Creek,
18 California, on the referenced date in the ordinary course of business. There is delivery
19 service by United States mail at the place so addressed in the City of Walnut Creek, County
of Contra Costa, State of California.
20 I declare under the penalty of perjury under the laws of the State of California, that the
21 foregoing is true and correct.
22 Executed on January 26, 2023, at Walnut Creek, California.
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___________________________________
24 Annette Halvorson
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Proof of Service
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1 ADAM R. SALVAS (SBN 191379) Fidelity National Law Group 2 The Law Division of Fidelity National Title Group, Inc. 1550 Parkside Drive, Suite 300 3 Walnut Creek, CA 94596 Telephone: (925) 817-3719 4 Facsimile: (925) 930-9588 adam.salvas@fnf.com 5 Attorneys for Plaintiff, 6 LAWYERS TITLE COMPANY 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN MATEO 10 11 LAWYERS TITLE COMPANY, Case No.: 22CIV03316 12 Plaintiff, [Proposed] ORDER DISCHARGING AND 13 DISMISSING LAWYERS TITLE COMPANY vs. PURSUANT TO CODE CIV. PROC. §§ 386(b); 14 386.5 DAVID MAR and SAMANTHA MAR, as 15 Trustees of the David Mar and Samantha Mar Date: January 25, 2023 Revocable Living Trust dated 06/13/2016; Time: 2:00 p.m. 16 STEPHEN J. GOROG; and DOES 1 through 50, Dept.: 2 inclusive, 17 Defendants. 18 19 20 21 Plaintiff LAWYERS TITLE COMPANY’s (“LTC”) Motion for Discharge Pursuant to Code of 22 Civil Procedure §§ 386(b) and 386.6 was regularly scheduled to be heard by the Court on January 25, 23 2023, at 2:00 p.m. in Department 2. On January 24, 2023, the Court posted its tentative ruling. No party 24 contested the tentative ruling and it became Order of the Court. 25 The Court, having reviewed the moving papers and pleadings filed in opposition to and in 26 support of the Motion and argument of counsel, and good cause appearing: 27 It is ORDERED, ADJUDGED, and DECREED as follows: 28 Plaintiff Fidelity National Title Company’s Motion for Discharge and Dismissal Pursuant to 1 [Proposed] Order Granting LTC’s Motion to Discharge & Dismiss 1 Code of Civil Procedure §§ 386(b) and 386.6 is Granted as set forth on Exhibit A attached hereto. 2 IT IS SO ORDERED. 3 4 Dated: ______________ ________________________________________ 5 JUDGE OF THE SUPERIOR COURT 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 [Proposed] Order Granting LTC’s Motion to Discharge & Dismiss Exhibit A January 25, 2023 Law and Motion Calendar PAGE 5 Judge: HONORABLE MARIE S. WEINER, Department 2 ________________________________________________________________________ 2:00 22-CIV-03316 LAWYERS TITLE COMPANY VS. DAVID MAR, ET AL. LAWYERS TITLE COMPANY ADAM R. SALVAS DAVID MAR MOTION TO DISCHARGE & DISMISS STAKEHOLDER PURSUANT TO CODE CIV. PROC. 386(b); 386.5 TENTATIVE RULING: The unopposed motion for discharge and dismissal filed by Plaintiff Lawyers Title Company is GRANTED. The motion satisfies all the requirements of discharging an interpleading plaintiff. All interested parties have been served. Defendants David Mar and Samantha Mar have defaulted, and Defendant Stephen Gorog has appeared. The disputed funds, $24,000.00, were deposited with the court the same day the complaint was filed on August 12, 2022. Plaintiff Lawyers Title Company is discharged from any and all liability relating to the $24,000.00 in funds deposited with the Court on August 12, 2022. If the tentative ruling is uncontested, it shall become the order of the Court. 1 PROOF OF SERVICE Lawyers Title Company. v. David Mar, et al. 2 San Mateo County Superior Court Case No.: 22CIV03316 3 I am employed in the County of Contra Costa, State of California. I am over the age of 18 4 years and not a party to the within action. My business address is 1550 Parkside Drive, Suite 300, Walnut Creek, California 94596. 5 On January 26, 2023, I served the within: 6 • [Proposed] ORDER DISCHARGING AND DISMISSING LAWYERS TITLE 7 COMPANY PURSUANT TO CODE CIV. PROC. §§ 386(b), 386.5 on the parties in said action by placing a true copy thereof as indicated below, addressed as follows: 8 Stephen J. Gorog 9 5916 Hazel Avenue 10 Richmond, CA 94805 Telephone: (415) 309-0235 11 Email: stevegorog@gmail.com 12 David Mar 13 Samantha Mar 115 Maywood Drive 14 San Francisco, CA 94127 Email: yellowsun@gmail.com 15 16 BY MAIL: I caused such envelope(s) with postage thereon fully prepaid to be placed for 17 collection and mailing at my place of business. Following ordinary business practices, said correspondence will be deposited with the United States Postal Service at Walnut Creek, 18 California, on the referenced date in the ordinary course of business. There is delivery 19 service by United States mail at the place so addressed in the City of Walnut Creek, County of Contra Costa, State of California. 20 I declare under the penalty of perjury under the laws of the State of California, that the 21 foregoing is true and correct. 22 Executed on January 26, 2023, at Walnut Creek, California. 23 ___________________________________ 24 Annette Halvorson 25 26 27 28 Proof of Service