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Jeffrey H. Lowenthal (State Bar No. 111763)
Edward Egan Smith (State Bar No. 169792
Matthew W. Delbridge (State Bar No. 343636)
STEYER LOWENTHAL BOODROOKAS
ALVAREZ & SMITH LLP
235 Pine Street, 15th Floor
San Francisco, California 94104
Telephone: (415) 421-3400
\Facsimile: (415) 421-2234
E-mail: jlowenthal@steyerlaw.com
esmith@steyerlaw.com
mdelbridge@steyerlaw.com
Jacoby Perez (State Bar No. 315990)
GERACI LAW FIRM
190 Discovery
Irvine, CA 92618
Telephone: (949) 379-2600
10 Direct: (949) 504-4195
Email: j.perez@geracillp.com
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Attorneys for Defendant and Cross-Complainant
12 United States Real Estate Corporation
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SANTA CRUZ
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16 JASON NEEL, Case No. 22CV01758
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STIPULATION TO ADVANCE HEARING ON
18 Vv. CROSS-DEFENDANT DONALD
SCHWARTZ’S ANTI-SLAPP SPECIAL
19 SUPERIOR LOAN SERVICING, ASSET MOTION TO STRIKE; AND ORDER
DEFAULT MANAGEMENT, INC.,
20 UNITED STATES REAL ESTATE Date: April 22, 2024
CORPORATION and DOES | through Time: 8:30 a.m.
21 100, inclusive, Dept: 5
Judge: Hon. Timothy Volkmann
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Action Filed: August 10, 2021 [Alameda Superior]
2 Trial Date: August 12, 2024
AND RELATED CROSS-ACTION(S).
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STIPULATION TO ADVANCE HEARING ON CROSS-DEFENDANT DONALD SCHWARTZ’S ANTI-SLAPP
SPECIAL MOTION TO STRIKE; AND ORDER
2073479.1 - NATC.JNEEL
Defendant and Cross-Complainant United States Real Estate Corporation (“USREC”) and
Defendant and Cross-Defendant Donald Charles Schwartz (“Schwartz”) hereby enter into the
following stipulation.
WHEREAS, on November 20, 2023, Plaintiff Jason Neel filed an Amendment to
Complaint Naming Doe 1, naming Schwartz as defendant Doe 1 under Plaintiff's First Amended
Complaint, and on November 27, 2023, Schwartz filed an Answer to Plaintiff's First Amended
Complaint;
WHEREAS, on December 11, 2023, the Court scheduled this matter for a trial readiness
conference on August 1, 2024, and trial commencing August 12, 2024;
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WHEREAS, on January 26, 2024, USREC filed an Amendment to Cross-Complaint to
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Substitute True Name for ROE 25 - Donald Charles Schwartz (“Roe Amendment”), naming
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Schwartz as Roe 25 under USREC’s Cross-Complaint and, thereafter, on January 29, 2024,
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served Schwartz with the Roe Amendment and the Summons on Cross-Complaint;
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WHEREAS, on February 13, 2024, Schwartz filed a Special Motion to Strike USREC’s
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Cross-Complaint pursuant to Code of Civil Procedure section 425.16, which motion was set for
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hearing on April 22, 2024, at 8:30 a.m., in Department 5;
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WHEREAS, the parties have conferred and, recognizing that Code of Civil Procedure
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section 425.16(f) provides that a hearing is to be set not more than 30 days after filing of a special
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motion to strike, have agreed that there is good cause to advance the hearing on Schwartz’s
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motion;
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NOW, THEREFORE, reserving all rights, USREC and Schwartz hereby stipulate as
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follows:
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1 Schwartz’s Special Motion to Strike currently set for hearing April 22, 2024, shall
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be advanced to March 25, 2024, at 8:30 a.m., in Department 5, or such date thereafter as available
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on the Court’s calendar; and
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//1
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///
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STIPULATION TO ADVANCE HEARING ON CROSS-DEFENDANT DONALD SCHWARTZ’S ANTI-SLAPP.
SPECIAL MOTION TO STRIKE; AND ORDER
2073479.1 - NATC.JNEEL
//1
2. Opposition and reply papers shall be filed and served pursuant to the Code of Civil
Procedure and Rules of Court based on the new hearing date.
Dated: February 21, 2024 STEYER LOWENTHAL BOODROOKAS
ALVAREZ & SMITH LLP
By:
Jeffrey H. Lowenthal
Edward Egan Smith
Matthew W. Delbridge
Attorneys for Defendant and Cross-
Complainant United States Real Estate
10 Corporation
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12 Dated: February 24 2024 LAW OFFIC DONALD C, SCHWARTZ
13 ~
14 B
Donald Charles Schwartz
15 Attorney for Cross-Defendant
Donald Charles Schwartz
16 (sued herein as Donald Schwartz)
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18 ORDER
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20 Pursuant to the above Stipulation of the parties, and good cause appearing therefor, IT IS
21 HEREBY ORDERED THAT:
22 1 Schwartz’s Special Motion to Strike currently set for hearing April 22, 2024, shall
23 be advanced to March , 2024, at 8:30 a.m., in Department 5; and
24 2. Opposition and reply papers shall be filed and served pursuant to the Code of Civil
25 Procedure and Rules of Court based on the new hearing date.
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Date:
27 Judge of the Superior Court
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STIPULATION TO ADVANCE HEARING ON CROSS-DEFENDANT DONALD SCHWARTZ’S ANTI-SLAPP
SPECIAL MOTION TO STRIKE; AND ORDER
2073479.1 - NATC.JNEEL
PROOF OF ESERVICE BY EMAIL
I am employed in the county of Santa Cruz, State of California. I am over the age of 18
years and not a party to the within action; my business address is 7960-B Soquel Drive, No.
291, Aptos, CA 95003.
On February 22, 2024 I served the attached:
STIPULATION/ORDER
on the parties to said matter by causing a true copy of said document(s) to be
transmitted by electronic mail to the electronic mail addresses of the parties/persons/firms
10 listed below:
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Thornton Davidson — thornton@ thorntondavidsonlaw.com
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Edward Egan Smith — esmith@ steyerlaw.com
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14 I declare under the penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
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16 Executed in Aptos, Califormia, on February 22, 2024.
17 /s/ Samuel I. Schwartz
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18 Samuel I. Schwartz
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Jeffrey H. Lowenthal (State Bar No. 111763) Edward Egan Smith (State Bar No. 169792 Matthew W. Delbridge (State Bar No. 343636) STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP 235 Pine Street, 15th Floor San Francisco, California 94104 Telephone: (415) 421-3400 \Facsimile: (415) 421-2234 E-mail: jlowenthal@steyerlaw.com esmith@steyerlaw.com mdelbridge@steyerlaw.com Jacoby Perez (State Bar No. 315990) GERACI LAW FIRM 190 Discovery Irvine, CA 92618 Telephone: (949) 379-2600 10 Direct: (949) 504-4195 Email: j.perez@geracillp.com ll Attorneys for Defendant and Cross-Complainant 12 United States Real Estate Corporation 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 FOR THE COUNTY OF SANTA CRUZ 15 16 JASON NEEL, Case No. 22CV01758 17 STIPULATION TO ADVANCE HEARING ON 18 Vv. CROSS-DEFENDANT DONALD SCHWARTZ’S ANTI-SLAPP SPECIAL 19 SUPERIOR LOAN SERVICING, ASSET MOTION TO STRIKE; AND ORDER DEFAULT MANAGEMENT, INC., 20 UNITED STATES REAL ESTATE Date: April 22, 2024 CORPORATION and DOES | through Time: 8:30 a.m. 21 100, inclusive, Dept: 5 Judge: Hon. Timothy Volkmann 22 Action Filed: August 10, 2021 [Alameda Superior] 2 Trial Date: August 12, 2024 AND RELATED CROSS-ACTION(S). 24 25 26 27 28 STIPULATION TO ADVANCE HEARING ON CROSS-DEFENDANT DONALD SCHWARTZ’S ANTI-SLAPP SPECIAL MOTION TO STRIKE; AND ORDER 2073479.1 - NATC.JNEEL Defendant and Cross-Complainant United States Real Estate Corporation (“USREC”) and Defendant and Cross-Defendant Donald Charles Schwartz (“Schwartz”) hereby enter into the following stipulation. WHEREAS, on November 20, 2023, Plaintiff Jason Neel filed an Amendment to Complaint Naming Doe 1, naming Schwartz as defendant Doe 1 under Plaintiff's First Amended Complaint, and on November 27, 2023, Schwartz filed an Answer to Plaintiff's First Amended Complaint; WHEREAS, on December 11, 2023, the Court scheduled this matter for a trial readiness conference on August 1, 2024, and trial commencing August 12, 2024; 10 WHEREAS, on January 26, 2024, USREC filed an Amendment to Cross-Complaint to 11 Substitute True Name for ROE 25 - Donald Charles Schwartz (“Roe Amendment”), naming 12 Schwartz as Roe 25 under USREC’s Cross-Complaint and, thereafter, on January 29, 2024, 13 served Schwartz with the Roe Amendment and the Summons on Cross-Complaint; 14 WHEREAS, on February 13, 2024, Schwartz filed a Special Motion to Strike USREC’s 15 Cross-Complaint pursuant to Code of Civil Procedure section 425.16, which motion was set for 16 hearing on April 22, 2024, at 8:30 a.m., in Department 5; 17 WHEREAS, the parties have conferred and, recognizing that Code of Civil Procedure 18 section 425.16(f) provides that a hearing is to be set not more than 30 days after filing of a special 19 motion to strike, have agreed that there is good cause to advance the hearing on Schwartz’s 20 motion; 21 NOW, THEREFORE, reserving all rights, USREC and Schwartz hereby stipulate as 22 follows: 23 1 Schwartz’s Special Motion to Strike currently set for hearing April 22, 2024, shall 24 be advanced to March 25, 2024, at 8:30 a.m., in Department 5, or such date thereafter as available 25 on the Court’s calendar; and 26 //1 27 /// 28 2 STIPULATION TO ADVANCE HEARING ON CROSS-DEFENDANT DONALD SCHWARTZ’S ANTI-SLAPP. SPECIAL MOTION TO STRIKE; AND ORDER 2073479.1 - NATC.JNEEL //1 2. Opposition and reply papers shall be filed and served pursuant to the Code of Civil Procedure and Rules of Court based on the new hearing date. Dated: February 21, 2024 STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP By: Jeffrey H. Lowenthal Edward Egan Smith Matthew W. Delbridge Attorneys for Defendant and Cross- Complainant United States Real Estate 10 Corporation ll 12 Dated: February 24 2024 LAW OFFIC DONALD C, SCHWARTZ 13 ~ 14 B Donald Charles Schwartz 15 Attorney for Cross-Defendant Donald Charles Schwartz 16 (sued herein as Donald Schwartz) 17 18 ORDER 19 20 Pursuant to the above Stipulation of the parties, and good cause appearing therefor, IT IS 21 HEREBY ORDERED THAT: 22 1 Schwartz’s Special Motion to Strike currently set for hearing April 22, 2024, shall 23 be advanced to March , 2024, at 8:30 a.m., in Department 5; and 24 2. Opposition and reply papers shall be filed and served pursuant to the Code of Civil 25 Procedure and Rules of Court based on the new hearing date. 26 Date: 27 Judge of the Superior Court 28 3 STIPULATION TO ADVANCE HEARING ON CROSS-DEFENDANT DONALD SCHWARTZ’S ANTI-SLAPP SPECIAL MOTION TO STRIKE; AND ORDER 2073479.1 - NATC.JNEEL PROOF OF ESERVICE BY EMAIL I am employed in the county of Santa Cruz, State of California. I am over the age of 18 years and not a party to the within action; my business address is 7960-B Soquel Drive, No. 291, Aptos, CA 95003. On February 22, 2024 I served the attached: STIPULATION/ORDER on the parties to said matter by causing a true copy of said document(s) to be transmitted by electronic mail to the electronic mail addresses of the parties/persons/firms 10 listed below: 11 Thornton Davidson — thornton@ thorntondavidsonlaw.com 12 Edward Egan Smith — esmith@ steyerlaw.com 13 14 I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. 15 16 Executed in Aptos, Califormia, on February 22, 2024. 17 /s/ Samuel I. Schwartz aa 18 Samuel I. Schwartz 19 20 21 22 23 24 25 26 27 28