On May 24, 2022 a
Order to Show Cause
was filed
involving a dispute between
8880 Elder Creek Holdings, A California Limited Liability Corporation,
Global Investment Trust- 2017Y,
Golden Global Enterprises Inc., A California Corporation,
and
Does 1-10, Inclusive,
Onderko, Tim,
for (42) Unlimited Other Complaint (Not Spec)
in the District Court of San Mateo County.
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>
€ v
SANFALE De.
JUN = 2 ta
By Pe Superior Court
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
GOLDEN GLOBAL ENTERPRISES Case No. 22CIV02099
INC., et al.
Assigned for All Purposes to Dept 2
Plaintiffs, Hon. MarieS. Weiner
vs. ORDER TO SHOW CAUSED BY
THE RECENT MOTION TO
TIM ONERKO, et al. COMPEL ARBITRATION SHOULD
NOT BE STRICKEN
Defendants.
The Court is in receipt of the “Notice of Petition and Petition to Compel
Arbitration” filed by Defendant Onderko on May 3, 2023, set for hearing on August 2.
2023 — one week before this case is set for Court Trial commencing August 9, 2023
THE COURT FINDS as follows:
On July 26, 2022, Defendant Onderko filed a Notice of Petition and Petition to
Compel Arbitration. The contested matter was heard on October 5, 2023
On October 27, 2022, this-Court issued an order staying this case pending
mediation. The Court stated: “If the case is not thereafter resolved, the Petition to
Compel Arbitration in 22CIV02099 will be set for further hearing and determination.”
On April 18, 2023, A Case Management and Trial Setting Conference was held
thereafter to follow up on the status of this case. At that Conference, counsel for the
parties reported that the mediation was not successful. Onderko did not ask for a new
1
t y
hearing date on the Petition to Compel Arbitration. Rather, counsel for the parties
agreed to proceed with adjudication of the sole cause of action for Declaratory
Relief by Court Trial. Counsel for the parties agreed to have the case set for a one-half
2
Court Trial on August 9, 2023.
The agreement to proceed by Court Trial is memorialized-in this Court’s Order
entered April 19, 2023. Because counsel for the parties agreed to proceed with
adjudication by Court Trial, this Court lifted the Stay of this case — as the Petition to
Compel Arbitration was now Moot.
The Court’s Order also required Defendant to file and serve an Answer to the
First Amended Complaint on or before May 10, 2023. Defendant has failed to file any
Answer, and is potentially in a state of default.
As counsel for the parties already agreed to proceed with adjudication by Court
Trial, as memorialized in this Court’s Order of April 9, 2023 — as to which no party
promptly or subsequently objected as being inaccurate — the filing of a new Petition to
Compel Arbitration appears to be a sham and frivolous.
IT IS HEREBY ORDERED, pursuant to Code of Civil Procedure Section
128.7(c), Section 436, and the inherent powers of the Court, that Defendant Onderko and
his attorney McKenna Brink Signorotti LLP shall show cause why the Petition to Compel
Arbitration filed May 31, 2023 should not be Stricken, and that they should not be subject
to sanctions for the filing of a sham and frivolous Petition.
Hearing on the OSC is set for Wednesday, June 28, 2023 at 2:00 p.m. in
Department 2 of this Court, located at Courtroom 2E, 400 County Center, Redwood City,
e ¥
California. Any Response to the OSC shall be filed and served on or before June 21,
2023, unless the Petition is affirmatively withdrawn by Defendant prior to the hearing.
DATED: June 2, 2023
HON. MARIE S. WEINER
a
SUPERIOR COURT JUDGE
Document Filed Date
June 02, 2023
Case Filing Date
May 24, 2022
Category
(42) Unlimited Other Complaint (Not Spec)
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> € v SANFALE De. JUN = 2 ta By Pe Superior Court SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO GOLDEN GLOBAL ENTERPRISES Case No. 22CIV02099 INC., et al. Assigned for All Purposes to Dept 2 Plaintiffs, Hon. MarieS. Weiner vs. ORDER TO SHOW CAUSED BY THE RECENT MOTION TO TIM ONERKO, et al. COMPEL ARBITRATION SHOULD NOT BE STRICKEN Defendants. The Court is in receipt of the “Notice of Petition and Petition to Compel Arbitration” filed by Defendant Onderko on May 3, 2023, set for hearing on August 2. 2023 — one week before this case is set for Court Trial commencing August 9, 2023 THE COURT FINDS as follows: On July 26, 2022, Defendant Onderko filed a Notice of Petition and Petition to Compel Arbitration. The contested matter was heard on October 5, 2023 On October 27, 2022, this-Court issued an order staying this case pending mediation. The Court stated: “If the case is not thereafter resolved, the Petition to Compel Arbitration in 22CIV02099 will be set for further hearing and determination.” On April 18, 2023, A Case Management and Trial Setting Conference was held thereafter to follow up on the status of this case. At that Conference, counsel for the parties reported that the mediation was not successful. Onderko did not ask for a new 1 t y hearing date on the Petition to Compel Arbitration. Rather, counsel for the parties agreed to proceed with adjudication of the sole cause of action for Declaratory Relief by Court Trial. Counsel for the parties agreed to have the case set for a one-half 2 Court Trial on August 9, 2023. The agreement to proceed by Court Trial is memorialized-in this Court’s Order entered April 19, 2023. Because counsel for the parties agreed to proceed with adjudication by Court Trial, this Court lifted the Stay of this case — as the Petition to Compel Arbitration was now Moot. The Court’s Order also required Defendant to file and serve an Answer to the First Amended Complaint on or before May 10, 2023. Defendant has failed to file any Answer, and is potentially in a state of default. As counsel for the parties already agreed to proceed with adjudication by Court Trial, as memorialized in this Court’s Order of April 9, 2023 — as to which no party promptly or subsequently objected as being inaccurate — the filing of a new Petition to Compel Arbitration appears to be a sham and frivolous. IT IS HEREBY ORDERED, pursuant to Code of Civil Procedure Section 128.7(c), Section 436, and the inherent powers of the Court, that Defendant Onderko and his attorney McKenna Brink Signorotti LLP shall show cause why the Petition to Compel Arbitration filed May 31, 2023 should not be Stricken, and that they should not be subject to sanctions for the filing of a sham and frivolous Petition. Hearing on the OSC is set for Wednesday, June 28, 2023 at 2:00 p.m. in Department 2 of this Court, located at Courtroom 2E, 400 County Center, Redwood City, e ¥ California. Any Response to the OSC shall be filed and served on or before June 21, 2023, unless the Petition is affirmatively withdrawn by Defendant prior to the hearing. DATED: June 2, 2023 HON. MARIE S. WEINER a SUPERIOR COURT JUDGE