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IEMA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Nov-16-2017 3:53 pm
Case Number: CSM-17-856397
Filing Date: Nov-16-2017 3:50
Filed by: PAUL FIOL
Image: 06109668
GENERIC CIVIL FILING (NO FEE)
PHIL WALKER VS. BEACON RESID. COMM. ASSN.
001006109668
Instructions:
Please place this sheet on top of the document to be scanned.Request for Court Order and Answer
(Small Claims)
Request |
This fornt is uséd to ask the court to make an order before or after the trial ina
small claims case. The court will notify all plaintiffs and defendants in this
case about its decision by mail, at the trial, or at a hearing (depending on when
the request is filed).
if you are the person asking the court to make an order, ask the
Small Claims Advisor if this is the right form for the kind of order you want. If
so, follow these steps:
Fill out page 1 of this form and file it at the clerk's office.
Ifyou are making this request before your trial, you must mail (or
deliver in person) a copy of this form to all other plaintiffs and defendants
in your case. Exception: If the plaintiff's claim has not been served, you do
not have to serve this request on the other plaintifis and defendants in your case.
« Ifyou are making this request after the ji has decided your case, the
clerk will mail a copy of this form to all other plaintiffs and defendants in
‘your case. The court will give the other plaintiffs and defendants at least 10
days to answer this Request.
oS receive this form, read below, then fill out (7) - (0)on page 2.
Clerk siamps dale here when fom is fled.
FILED
NOV ¥G 2017
CLERK OF THE COURT
BY: |.
Deputy Clerk
Fill in court name and street address.
sete oe er
(SUPERIOR, COURT
TER , ROOM 108
«os ONGC, CALIFORNIA 94102
Fil in your case number and case name below:
Case Number:
The person asking the court to make an order is: Qoob san
Name: het \ [4e7 cm IT
Address: 2S Kine Sh ee iyd
7
Checkone: (C) Adefendant iithis case $324 A plaintiffin this case
Welleer vi Beacon Ite
(2) Other (explain):
| Notice to: (List names and addresses of all other defendants and plaintiffs in your case.)
Sh.
Fly
b.
a ialoscla Lande, BAS Row 25 (leg ., I
c.
(CQ Check here if'you need more space. Use Form MC-031 or a plain sheet of paper. Write "SC-105, Item 2" on top.
uest is made bet
mailed livered in person
@) ask ite court to make * the foljaw
Ifyour
1
ing order (specify)
the trial and after the claim was served, fill out below:
acopy of this form to everyone listed in
Q@on (date): _tiftelin .
4 Dezeyaant. in Cases
io Von
ce" i)
ASO3Al, STERIL GEBAT, S(O 358 , Fie BUF,
Sen Panwse
Ca AMDT
BSb1AS, ard BYCIAT dud te 5 corwanes al
(ld Check here if you need more space. Use Form MC-031 or a plain sheet of paper. Write "SC-105, Item 3” on top.
( 4 task for this order ause (explain and give facts of your case fere): .
Mslkre 2 Gondiinvances. eee Atte chwent’ a:
Pht Ne Wart
Type or print your name Sign your name :
Aust eel of ati a etn. 0 Request for Court Order and Answer SEAUS, Page? >
Code of Civit Procedure, §§ 116,130(h); Califomia Rutes of Court, rule 3.2107
GB. i (Small Claims)Request for Court Order and Answer
>| 7 (Small Claims)
Answer
The person listed in qa) on page 1 of this form has asked the court to make an
order in your small claims case.
Foliow these steps to tell the court what you want to do about this request:
Read p: {0} been is asking for.
© Fillout(7)-(40) below.
« Mail your conipleted form to the court right away.
* Mail a copy of this form to each plaintiff and defendant listed in (@) and
on page 1 of this form.
The court witl mail its decision to all plaintiffs and defendants in this case or
will make a decision at a court hearing or trial.
Ifyou do nothing, the court may make the order without hearing from you.
a) The person filing this answer is:
Name:
Clerk stamps date here when form is filed.
¥
Fill in court name and street address:
Address:
Check one: [] A defendant in this case (CJ A plaintiff in this case
Tell the court what you want to do about this request.
(Check all that apply):
a. (CD Lagree to the order requested in (3).
b. [CO] Ido not agree to the order requestedin (3) . (Explain below:)
‘Superior Court of California, County of
Fill in your case number and case name beiow.
Case Number:
Case Name:
(CY Check here if you need more space. Use Form MC-031 or a plain sheet of paper. Write "SC-105, Item 8” on top.
c. [) Lask the court to have a hearing to decide this matter.
I mailed a copy of this form to everyone listed in @ana @ of this form on (date): —
(10) I declare under penalty of perjury under California state law that the information above and on all attachments is
‘true and correct.
Date:
» .
Type or print your name Sign your name
@) Need help? Uf the request on page 1 was made after the hearing,
For free help, contact your county's Small : the clerk fills out below.
Claims Advisor: - Clerk's Certificate of Mailing -
I certify that I am not involved in this case and (check one):
Cy A Certificate of Mailing is attached.
CL). The Request for Court Order and Answer was
Or, go to "County-Specific Court Information” at: mailed first class, Postage paid, to all parties at the
www.courtinfo.ca.gov/selfhelp/smaliclaims addresses listed im ® .
. On (date):
» Froin (city): » California
Clerk, by y Deputy
Revised =| Begenttal Request for Court Order and Answer SC-105, Page 2 0f2
GB ae (Small Claims)PHIL WALKER, PLAINTIFF
250 King Street, Suite 414
San Francisco, CA 94107
Telephone: (415) 816-3527
Se~ 10F, Ibm 2
SMALL CLAIMS COURT, SUPERIOR COURT OF CALIFORNIA
PHIL WALKER,
VS.
BEACON RESIDENTIAL COMM.
ASSOCIATION,
Respondent.
eS err
COUNTY OF SAN FRANCISCO
Cases No.
CSM 17 856395
CSM 17 856396
CSM 17 856397
CSM 17 856398
CSM 17 856399
CSM 17-856295
CSM 17-856297
PLAINTIFF'S
OPPOSITION TO
ANY FURTHER
POSTPONEMENTS
OF TRIAL AND
MOTION FOR
DISMISSAL OF
REQUESTS TO
POSTPONE TRIAL
UNDER CCP SEC
116.530
PLAINTIFF PHIL WALKER has filed 7 Small Court Claim actions against
the Beacon Residential Community Association for violations of the Davis-Stirling
Act, California Corporations Code Sec. 5600(b), Calif. Civil Code Secs. 1363.04,
1363.03, 1363.09, and 5145, and violation of the Beacon Bylaws.Cases CSM-17-856295 and CSM-17-856297 were scheduled for Trial on
10/31/17 at 3:30 p.m, in Dept. 506. On October 19, 2017, Defendant filed a Request to ,
Postpone Trial in these matters alleging: "The Beacon Residential Community
Association does not have a representative available on the scheduled trial date and the
complexity of the allegations requires further time to prepare." The Request to Postpone
Trial was served by Attorneys Gordon Rees Scully Mansukhani, LLP, of 275 Battery
Street, Suite 2000, San Francisco, CA 94111. Those matters have been continued to
December 11, 2017, at 3:30 p.m. in Dept. 506.
Cases CSM-17-856395, CSM-17-856396, and CSM-17-856397 are scheduled for
Trial on 11/22/17 at 3:30 p.m. in Dept. 506. On November 14, 2017, Defendant received
a Request to Postpone Trial in each of these 3 cases. The grounds stated for the requested
postponement were: "The Beacon Residential Community Association does not have ay
representative available on the scheduled trial date and the complexity of the allegations
requires further time to prepare." The Request to Postpone Trial was served by Attorneys
Gordon Rees Scully Mansukhani, LLP, of 275 Battery Street, Suite 2000, San Francisco,
CA 94111.
In light of the request for postponement of 5 of the total 7 cases, Plaintiff also
anticipates that Defendant will also seek postponement of the Trials in cases 6 and 7--
CSM-17-856398 and CSM-17-856399--which are scheduled for Trial on November 29,
2017, at 1:30 p.m.
PLAINTIFF HEREBY OBJECTS to postponement of the scheduled trial dates in
all cases listed above for the following reasons: ‘1. The Beacon Residential Community Association manages a 600-unit
complex at 250 and 260 King Streets in San Francisco, CA. The Beacon Residential
Community Association has a Management Office staff of 4 as well as 5 members of its
Board of Directors, all of whom could appear for the Beacon RCA at the trials herein.
The Beacon has 9 individuals who could appear on its behalf in Small Claims Court. The
claims by Elizabeth Loveton of the Beacon RCA that 1) it had no one available on
10/31/17 and 2) it has no one available on 11/22/17 are, therefore, not believable. These
claims would mean that none of 9 individuals could be present for the Beacon on either
of those dates. Ms. Loveton has provided no vacation schedules nor any other ,
information supporting her contention that none of the 9 individuals is available on the
Trial dates.
2. Defendant also contends that "...the complexity of the allegations requires
further time to prepare." The allegations raised by Plaintiff have been presented to the
Beacon RCA Board of Directors since March 17, 2017. At that time, all of issues detailed
in the 7 Smali Claim Court claims listed above were presented to the Beacon Board of
Directors for review by Plaintiff. Further, Plaintiff made a proposal for resolution was
made to the Defendants. The Beacon RCA Board never responded to that proposal for
resolution and has not to this day.
Additional settlement proposals have been forwarded to counsel for the Beacon
RCA on 10/11/17, 11/6/17, and 11/14/17 without response.
The Beacon RCA has had 8 months to address the allegations detailed in the
Small Claim Court claims and prepare for the issues presented. Eight months should be
sufficient time to prepare. As a result, the claim by Ms. Loveton appears to be withoutbasis.
3. The 5 Requests to Postpone Trial identified herein were served by
Attorneys Gordon Rees Scully Mansukhani, LLPO of 275 Battery Street, Suite 2000, San
Francisco, CA 94111.
California Code of Civil Procedure Section 116.530(a) provides, in
pertinent part:
..no attorney may take part in the conduct or defense of a small claims
action.
CCP Sec. 116.530(a).
By the serving of the 5 Requests to Postpone Trial, attorneys Gordon
Rees, ef. al., took part in the conduct of these small claims actions in violation of CCP
Sec. 116.530(a). In light of this violation of CCP Sec. 116.530(a), PLAINTIFF
respectfully requests that all Request for Postponement of Trial in the case numbers listed
above be dismissed as in violation of CCP Sec. 116.530(a).
4, Speedy adjudication is the specific point of the Small Claims courts. As
noted by the San Francisco Superior Court on its website:
Disputes are resolved quickly and inexpensively in Small Claims
Court, where the rules are simple and informal. Litigants may not be
represented by an attorney.
http://www.sfsuperiorcourt.org/divisions/small-claims
The efforts of the Defendant herein in seeking postponement of 5 trials, and
potentially 2 more, by claiming it has none of its 9 individuals available on either trial
date and claiming that 8 months is insufficient time for it to address the allegations and
prepare, in light of its failure to respond to 4 separate settlement proposals or respond to
any of the issues raised by Plaintiff in the 7 Small Claims Court claims indicates thatDefendant's actions are intended solely for the purposes of delay of these proceedings and
to frustrate Plaintiff's right to quick adjudication of its claims in this Small Claims Court.
WHEREFORE, PLAINTIFF respectfully requests that:
1, No further postponements of trial date requested by Defendant be
granted in the 7 cases listed herein.
2. ‘That the Requests for Postponement be dismissed pursuant to CCP Sec.
116.530(a), and
3. For whatever further relief this Court deems proper.
DATED: November 15, 2017
Respectfully submitted,
By Phil Walker
Plaintiff
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IEMA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Nov-16-2017 3:53 pm Case Number: CSM-17-856397 Filing Date: Nov-16-2017 3:50 Filed by: PAUL FIOL Image: 06109668 GENERIC CIVIL FILING (NO FEE) PHIL WALKER VS. BEACON RESID. COMM. ASSN. 001006109668 Instructions: Please place this sheet on top of the document to be scanned.Request for Court Order and Answer (Small Claims) Request | This fornt is uséd to ask the court to make an order before or after the trial ina small claims case. The court will notify all plaintiffs and defendants in this case about its decision by mail, at the trial, or at a hearing (depending on when the request is filed). if you are the person asking the court to make an order, ask the Small Claims Advisor if this is the right form for the kind of order you want. If so, follow these steps: Fill out page 1 of this form and file it at the clerk's office. Ifyou are making this request before your trial, you must mail (or deliver in person) a copy of this form to all other plaintiffs and defendants in your case. Exception: If the plaintiff's claim has not been served, you do not have to serve this request on the other plaintifis and defendants in your case. « Ifyou are making this request after the ji has decided your case, the clerk will mail a copy of this form to all other plaintiffs and defendants in ‘your case. The court will give the other plaintiffs and defendants at least 10 days to answer this Request. oS receive this form, read below, then fill out (7) - (0)on page 2. Clerk siamps dale here when fom is fled. FILED NOV ¥G 2017 CLERK OF THE COURT BY: |. Deputy Clerk Fill in court name and street address. sete oe er (SUPERIOR, COURT TER , ROOM 108 «os ONGC, CALIFORNIA 94102 Fil in your case number and case name below: Case Number: The person asking the court to make an order is: Qoob san Name: het \ [4e7 cm IT Address: 2S Kine Sh ee iyd 7 Checkone: (C) Adefendant iithis case $324 A plaintiffin this case Welleer vi Beacon Ite (2) Other (explain): | Notice to: (List names and addresses of all other defendants and plaintiffs in your case.) Sh. Fly b. a ialoscla Lande, BAS Row 25 (leg ., I c. (CQ Check here if'you need more space. Use Form MC-031 or a plain sheet of paper. Write "SC-105, Item 2" on top. uest is made bet mailed livered in person @) ask ite court to make * the foljaw Ifyour 1 ing order (specify) the trial and after the claim was served, fill out below: acopy of this form to everyone listed in Q@on (date): _tiftelin . 4 Dezeyaant. in Cases io Von ce" i) ASO3Al, STERIL GEBAT, S(O 358 , Fie BUF, Sen Panwse Ca AMDT BSb1AS, ard BYCIAT dud te 5 corwanes al (ld Check here if you need more space. Use Form MC-031 or a plain sheet of paper. Write "SC-105, Item 3” on top. ( 4 task for this order ause (explain and give facts of your case fere): . Mslkre 2 Gondiinvances. eee Atte chwent’ a: Pht Ne Wart Type or print your name Sign your name : Aust eel of ati a etn. 0 Request for Court Order and Answer SEAUS, Page? > Code of Civit Procedure, §§ 116,130(h); Califomia Rutes of Court, rule 3.2107 GB. i (Small Claims)Request for Court Order and Answer >| 7 (Small Claims) Answer The person listed in qa) on page 1 of this form has asked the court to make an order in your small claims case. Foliow these steps to tell the court what you want to do about this request: Read p: {0} been is asking for. © Fillout(7)-(40) below. « Mail your conipleted form to the court right away. * Mail a copy of this form to each plaintiff and defendant listed in (@) and on page 1 of this form. The court witl mail its decision to all plaintiffs and defendants in this case or will make a decision at a court hearing or trial. Ifyou do nothing, the court may make the order without hearing from you. a) The person filing this answer is: Name: Clerk stamps date here when form is filed. ¥ Fill in court name and street address: Address: Check one: [] A defendant in this case (CJ A plaintiff in this case Tell the court what you want to do about this request. (Check all that apply): a. (CD Lagree to the order requested in (3). b. [CO] Ido not agree to the order requestedin (3) . (Explain below:) ‘Superior Court of California, County of Fill in your case number and case name beiow. Case Number: Case Name: (CY Check here if you need more space. Use Form MC-031 or a plain sheet of paper. Write "SC-105, Item 8” on top. c. [) Lask the court to have a hearing to decide this matter. I mailed a copy of this form to everyone listed in @ana @ of this form on (date): — (10) I declare under penalty of perjury under California state law that the information above and on all attachments is ‘true and correct. Date: » . Type or print your name Sign your name @) Need help? Uf the request on page 1 was made after the hearing, For free help, contact your county's Small : the clerk fills out below. Claims Advisor: - Clerk's Certificate of Mailing - I certify that I am not involved in this case and (check one): Cy A Certificate of Mailing is attached. CL). The Request for Court Order and Answer was Or, go to "County-Specific Court Information” at: mailed first class, Postage paid, to all parties at the www.courtinfo.ca.gov/selfhelp/smaliclaims addresses listed im ® . . On (date): » Froin (city): » California Clerk, by y Deputy Revised =| Begenttal Request for Court Order and Answer SC-105, Page 2 0f2 GB ae (Small Claims)PHIL WALKER, PLAINTIFF 250 King Street, Suite 414 San Francisco, CA 94107 Telephone: (415) 816-3527 Se~ 10F, Ibm 2 SMALL CLAIMS COURT, SUPERIOR COURT OF CALIFORNIA PHIL WALKER, VS. BEACON RESIDENTIAL COMM. ASSOCIATION, Respondent. eS err COUNTY OF SAN FRANCISCO Cases No. CSM 17 856395 CSM 17 856396 CSM 17 856397 CSM 17 856398 CSM 17 856399 CSM 17-856295 CSM 17-856297 PLAINTIFF'S OPPOSITION TO ANY FURTHER POSTPONEMENTS OF TRIAL AND MOTION FOR DISMISSAL OF REQUESTS TO POSTPONE TRIAL UNDER CCP SEC 116.530 PLAINTIFF PHIL WALKER has filed 7 Small Court Claim actions against the Beacon Residential Community Association for violations of the Davis-Stirling Act, California Corporations Code Sec. 5600(b), Calif. Civil Code Secs. 1363.04, 1363.03, 1363.09, and 5145, and violation of the Beacon Bylaws.Cases CSM-17-856295 and CSM-17-856297 were scheduled for Trial on 10/31/17 at 3:30 p.m, in Dept. 506. On October 19, 2017, Defendant filed a Request to , Postpone Trial in these matters alleging: "The Beacon Residential Community Association does not have a representative available on the scheduled trial date and the complexity of the allegations requires further time to prepare." The Request to Postpone Trial was served by Attorneys Gordon Rees Scully Mansukhani, LLP, of 275 Battery Street, Suite 2000, San Francisco, CA 94111. Those matters have been continued to December 11, 2017, at 3:30 p.m. in Dept. 506. Cases CSM-17-856395, CSM-17-856396, and CSM-17-856397 are scheduled for Trial on 11/22/17 at 3:30 p.m. in Dept. 506. On November 14, 2017, Defendant received a Request to Postpone Trial in each of these 3 cases. The grounds stated for the requested postponement were: "The Beacon Residential Community Association does not have ay representative available on the scheduled trial date and the complexity of the allegations requires further time to prepare." The Request to Postpone Trial was served by Attorneys Gordon Rees Scully Mansukhani, LLP, of 275 Battery Street, Suite 2000, San Francisco, CA 94111. In light of the request for postponement of 5 of the total 7 cases, Plaintiff also anticipates that Defendant will also seek postponement of the Trials in cases 6 and 7-- CSM-17-856398 and CSM-17-856399--which are scheduled for Trial on November 29, 2017, at 1:30 p.m. PLAINTIFF HEREBY OBJECTS to postponement of the scheduled trial dates in all cases listed above for the following reasons: ‘1. The Beacon Residential Community Association manages a 600-unit complex at 250 and 260 King Streets in San Francisco, CA. The Beacon Residential Community Association has a Management Office staff of 4 as well as 5 members of its Board of Directors, all of whom could appear for the Beacon RCA at the trials herein. The Beacon has 9 individuals who could appear on its behalf in Small Claims Court. The claims by Elizabeth Loveton of the Beacon RCA that 1) it had no one available on 10/31/17 and 2) it has no one available on 11/22/17 are, therefore, not believable. These claims would mean that none of 9 individuals could be present for the Beacon on either of those dates. Ms. Loveton has provided no vacation schedules nor any other , information supporting her contention that none of the 9 individuals is available on the Trial dates. 2. Defendant also contends that "...the complexity of the allegations requires further time to prepare." The allegations raised by Plaintiff have been presented to the Beacon RCA Board of Directors since March 17, 2017. At that time, all of issues detailed in the 7 Smali Claim Court claims listed above were presented to the Beacon Board of Directors for review by Plaintiff. Further, Plaintiff made a proposal for resolution was made to the Defendants. The Beacon RCA Board never responded to that proposal for resolution and has not to this day. Additional settlement proposals have been forwarded to counsel for the Beacon RCA on 10/11/17, 11/6/17, and 11/14/17 without response. The Beacon RCA has had 8 months to address the allegations detailed in the Small Claim Court claims and prepare for the issues presented. Eight months should be sufficient time to prepare. As a result, the claim by Ms. Loveton appears to be withoutbasis. 3. The 5 Requests to Postpone Trial identified herein were served by Attorneys Gordon Rees Scully Mansukhani, LLPO of 275 Battery Street, Suite 2000, San Francisco, CA 94111. California Code of Civil Procedure Section 116.530(a) provides, in pertinent part: ..no attorney may take part in the conduct or defense of a small claims action. CCP Sec. 116.530(a). By the serving of the 5 Requests to Postpone Trial, attorneys Gordon Rees, ef. al., took part in the conduct of these small claims actions in violation of CCP Sec. 116.530(a). In light of this violation of CCP Sec. 116.530(a), PLAINTIFF respectfully requests that all Request for Postponement of Trial in the case numbers listed above be dismissed as in violation of CCP Sec. 116.530(a). 4, Speedy adjudication is the specific point of the Small Claims courts. As noted by the San Francisco Superior Court on its website: Disputes are resolved quickly and inexpensively in Small Claims Court, where the rules are simple and informal. Litigants may not be represented by an attorney. http://www.sfsuperiorcourt.org/divisions/small-claims The efforts of the Defendant herein in seeking postponement of 5 trials, and potentially 2 more, by claiming it has none of its 9 individuals available on either trial date and claiming that 8 months is insufficient time for it to address the allegations and prepare, in light of its failure to respond to 4 separate settlement proposals or respond to any of the issues raised by Plaintiff in the 7 Small Claims Court claims indicates thatDefendant's actions are intended solely for the purposes of delay of these proceedings and to frustrate Plaintiff's right to quick adjudication of its claims in this Small Claims Court. WHEREFORE, PLAINTIFF respectfully requests that: 1, No further postponements of trial date requested by Defendant be granted in the 7 cases listed herein. 2. ‘That the Requests for Postponement be dismissed pursuant to CCP Sec. 116.530(a), and 3. For whatever further relief this Court deems proper. DATED: November 15, 2017 Respectfully submitted, By Phil Walker Plaintiff