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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Nov-12-2014 9:44 am
Case Number: CUD-13-645401
Filing Date: Nov-12-2014 9:41
Filed by: JEAN YUEN
Juke Box: 001 Image: 04685974
APPELLATE MOTION/APPLICATION/REQUEST
SBERLO, YOEL, TRUSTEE FOR SBERLO FAMILY TRUST VS. YARNG ALTAWAL
etal
001004685974
Instructions:
Please place this sheet on top of the document to be scanned.Mark Hooshmand, Esq. (SBN 194878) F 1
Hooshmand Law Group igh of Calfornié
22 Battery Street, Ste. 610 Sag SESE
San Francisco, CA 94111
Tel: (415) 318-5709
Fax: (415) 376-5897
Attorney for Defendant Yarng Altawal
\/
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
YOEL SBERLO, TRUSTEE FOR THE CASENO.: CUD-13-645401
SBERLO FAMILY TRUST
)
} EX PARTE APPLICATION OF
) DEFENDANT/APPELLANT TO INCREASE
Plaintiffs, ) THE WORD COUNT FOR APPELLANTS
) OPENING BRIEF; DECLARATION OF MARK
J HOOSHMAND IN SUPPORT THEREOF
vs. )
)
)
YARNG ALTAWAL, )
)
)
Defendant. )
)
EX PARTE APPLICATION OF DEFENDANT/APPELLANT TO INCREASE THE WORD
COUNT FOR APPELLANTS OPENING BRIEF
EX PARTE APPLICATION OF DEFENDANT/APPELLANT TO INCREASE THE WORD COUNT FOR APPELLANTS
OPENING BRIEF 1Jn the matier of Yoel Sberlo, Trustee for the Sberlo Family Trust v. Altawal, CUD-13-
645401, in the Superior Court of San Francisco County, DEFENDANT and APPELLANT
YARNG ALTAWAL seeks an order from the Court to allow Appellant to file an Opening Brief in
excess of the set word count.
I. STATEMENT OF THE FACTS
Appellant and Defendant Yarng Altawal is appeailing the Judgment, Pre-Trial Orders, Post-
Trial Orders (Motion for Judgment Notwithstanding the Verdict and Motion for New Trial) and
related trial Court rulings. Appellant seeks a reversal of these orders, the Judgment, the judgment
notwithstanding the verdict and motion for new trial.
The Appellants Opening Brief was due on November 10, 2014. Appellants attempted to
file the Opening Brief at San Francisco Superior Court Appellate Division on Monday November
10, 2014. At this time, the clerks denied the filing as it exceeded the word count of 6,800 as
indicated in California Rule of Court section 8.883. The clerk stamped these documents as
received. The Appellants opening brief is 12,175 words.
Il. LEGAL ARGUMENT
Good Cause Exi Ho ants Opening Brief To Be Filed In f Th
Count
California Rule of Court sets the limited jurisdiction appeal brief word count at 6,800
words. California Rule of Court 8.883. The word limit for unlimited appeals is set at 14,000
words. California Rule of Court 8.204.
Good Cause exists for granting the Appellants application as the Appellants are attempting
to present the court a full and complete recital of all the issues in the appeal. This unlawful
detainer, although limited jurisdiction, included many issues of first impression and took over nine
(9) month. During those nine (9) months, the case was heavily litigated, there were numerous
discovery motions, extensions of the trial, a five (5) day trial, and numerous post trial motions.
The Appendix itself is 11 volumes and almost four thousand (4,000) pages.
The Appellants are appealing the pre-trial orders, the judgment, and the post trial orders.
The Appellant on a number of considerations, including but not limited to the following:
BX PARTE APPLICATION OF DEFENDANT/APPELLANT TO INCREASE THE WORD COUNT FOR APPELLANTS
OPENING BRIEF 2qd) Appellant conclusively proved Appellant Altawal never signed the Use of House Rules,
and Respondent failed to disprove this fact;
(2) The Appellant Should have Received Credit for His Payments Rendering the First
Three Day Notice Invalid;
(3) Subletting was Never Defined but Based on Respondent's Definition it was Not Proven;
(4) Appellant Altawal was Not Given the Right to Cure as Required by the San Francisco
Rent Ordinance;
(5) The Inclusion of Eviction for Guests in a Three Day Notice to Quit Rendered it
Defective as California Civil Procedure 1161.4 Does Not Allow for an Eviction for Guests and
Furthermore The Appellant Would Have Had an Opportunity to Cure;
(6) Waiver was Established where the Plaintiff. Accepted Rent Payments after Knowing of
Breaches;
(7) Error in Law and/or An Order of the Court or Abuse of Discretion;
(8) Insufficient Evidence to Justify Verdict or Verdict Is Against Law as No Evidence or
Authority that Yarng Altawal was Bound by Susan Altawal’s Lease was presented; and
(9) The trial date was improperly continued in violation of California code of civil
procedure 1170.5.
There is no way that the Appellant can bring these arguments within the limited
jurisdiction word count limitation. As such, the word count should be increased, and the Brief
should be allowed to be filed as drafted at 12,175 words. This is a reasonable request when
considering the timeline of the case, the amount the case was litigated, and the number of
arguments Appellant must present the court. Additionally, this word count is within the unlimited
jurisdiction word count and as such is not unreasonable.
EX PARTE APPLICATION OF DEFENDANT/APPELLANT TO INCREASE THE WORD COUNT FOR APPELLANTS
OPENING BRIEF 3Ill. CONCLUSION
Based on the above facts and legal argument, the Court should allow the
Appellant/Defendant to file the Appellants Opening Brief and increase the word count for filing.
Date: November 12, 2014 Respectfully Submitted,
Hooshmand Law Group
Mark Hooshmand, Esq>
Attorney for Defendant and Appellant
EX PARTE APPLICATION OF DEFENDANT/APPELLANT TO INCREASE THE WORD COUNT FOR APPELLANTS
OPENING BRIEF 427
28
DECLARATION OF MARK HOOSHMAND
I, MARK HOOSHMAND, declare the following:
. Irepresent the Defendant and Appellant in this action.
_ The facts stated within this declaration are based upon my personal knowledge, except for
those which are based on information and belief, and I am competent to testify as to these
facts.
. Notice was provided of this application for November 11, 2014 by telephone to counsel
and via email. Exhibit A.
. Inorder to effectively appeal the Judgment, Pre-Trial Judgments, and Post Trial Judgment
Appellants opening brief must exceed the 6,800 word count.
. Good cause exist for this extension, as without the word count increase, Appellants will not
be able to effectively present all of the necessary arguments.
. No prejudice will be caused to the Respondents.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Date: November 12, 2014 Noa
Mark Eooshmand, Esq.
EX PARTE APPLICATION OF DEFENDANT/APPELLANT TO INCREASE THE WORD COUNT FOR APPELLANTS
OPENING BRIEF 527
28
EXHIBIT A
EX PARTE APPLICATION OF DEFENDANT/APPELLANT TO INCREASE THE WORD COUNT FOR APPELLANT'S
OPENING BRIEF 6Workspace Webmail :: Print hitps:/email12.secureserversne/ view, _print_multi.php?uidArray=176...
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Subject: Sberlo v. Altawal - Appeal
From: sf@lawmmh.com
Date: Tue, Nov 11, 2014 12:54 pm
To: "Karen Uchiyama"
. afarmer@aaronfarmer.com, "Mark Hooshmand" , "Diana”
| Attach: Altawal - Stipulation to Word Count.pdf
Aitawal - ex parte app - Word Count.pdf
Karen,
While we do not believe we have to as it will be submitted, our office gave telephonic ex parte notice today at 10:00 am
that, in the matter of Yoel Sberto, Trustee for the Sberlo Family Trust v. Altawal, CUD - 13 - 645401, at 11:00 am in
Department 622 of the San Francisco Superior Court, located at 400 McAllister, San Francisco, California, seeking an
increase in the Appeltants Opening Brief word count. A PDF copy of the application ts attached.
However, in the alternative, we would like to sign a stipulation agreeing to the word count Increase. The current word count
for limited appeals should be 6,800. Our brief comes in just over 12,000. The unlimited appeal word count is at 14,000. We
would agree to increase your word count to the unlimited appeal levels as well. A capy of the stipulation is attached.
We would like to file the stipulation tomorrow, so if you could get back to us as soon as possible.
Thank you,
Hooshmand Law Group
22 Battery St., Ste. 610
San Francisco, CA 94114
Tel: (415) 318-5709
Fax: (415) 376-5897
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IOUT SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Nov-12-2014 9:44 am Case Number: CUD-13-645401 Filing Date: Nov-12-2014 9:41 Filed by: JEAN YUEN Juke Box: 001 Image: 04685974 APPELLATE MOTION/APPLICATION/REQUEST SBERLO, YOEL, TRUSTEE FOR SBERLO FAMILY TRUST VS. YARNG ALTAWAL etal 001004685974 Instructions: Please place this sheet on top of the document to be scanned.Mark Hooshmand, Esq. (SBN 194878) F 1 Hooshmand Law Group igh of Calfornié 22 Battery Street, Ste. 610 Sag SESE San Francisco, CA 94111 Tel: (415) 318-5709 Fax: (415) 376-5897 Attorney for Defendant Yarng Altawal \/ SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO YOEL SBERLO, TRUSTEE FOR THE CASENO.: CUD-13-645401 SBERLO FAMILY TRUST ) } EX PARTE APPLICATION OF ) DEFENDANT/APPELLANT TO INCREASE Plaintiffs, ) THE WORD COUNT FOR APPELLANTS ) OPENING BRIEF; DECLARATION OF MARK J HOOSHMAND IN SUPPORT THEREOF vs. ) ) ) YARNG ALTAWAL, ) ) ) Defendant. ) ) EX PARTE APPLICATION OF DEFENDANT/APPELLANT TO INCREASE THE WORD COUNT FOR APPELLANTS OPENING BRIEF EX PARTE APPLICATION OF DEFENDANT/APPELLANT TO INCREASE THE WORD COUNT FOR APPELLANTS OPENING BRIEF 1Jn the matier of Yoel Sberlo, Trustee for the Sberlo Family Trust v. Altawal, CUD-13- 645401, in the Superior Court of San Francisco County, DEFENDANT and APPELLANT YARNG ALTAWAL seeks an order from the Court to allow Appellant to file an Opening Brief in excess of the set word count. I. STATEMENT OF THE FACTS Appellant and Defendant Yarng Altawal is appeailing the Judgment, Pre-Trial Orders, Post- Trial Orders (Motion for Judgment Notwithstanding the Verdict and Motion for New Trial) and related trial Court rulings. Appellant seeks a reversal of these orders, the Judgment, the judgment notwithstanding the verdict and motion for new trial. The Appellants Opening Brief was due on November 10, 2014. Appellants attempted to file the Opening Brief at San Francisco Superior Court Appellate Division on Monday November 10, 2014. At this time, the clerks denied the filing as it exceeded the word count of 6,800 as indicated in California Rule of Court section 8.883. The clerk stamped these documents as received. The Appellants opening brief is 12,175 words. Il. LEGAL ARGUMENT Good Cause Exi Ho ants Opening Brief To Be Filed In f Th Count California Rule of Court sets the limited jurisdiction appeal brief word count at 6,800 words. California Rule of Court 8.883. The word limit for unlimited appeals is set at 14,000 words. California Rule of Court 8.204. Good Cause exists for granting the Appellants application as the Appellants are attempting to present the court a full and complete recital of all the issues in the appeal. This unlawful detainer, although limited jurisdiction, included many issues of first impression and took over nine (9) month. During those nine (9) months, the case was heavily litigated, there were numerous discovery motions, extensions of the trial, a five (5) day trial, and numerous post trial motions. The Appendix itself is 11 volumes and almost four thousand (4,000) pages. The Appellants are appealing the pre-trial orders, the judgment, and the post trial orders. The Appellant on a number of considerations, including but not limited to the following: BX PARTE APPLICATION OF DEFENDANT/APPELLANT TO INCREASE THE WORD COUNT FOR APPELLANTS OPENING BRIEF 2qd) Appellant conclusively proved Appellant Altawal never signed the Use of House Rules, and Respondent failed to disprove this fact; (2) The Appellant Should have Received Credit for His Payments Rendering the First Three Day Notice Invalid; (3) Subletting was Never Defined but Based on Respondent's Definition it was Not Proven; (4) Appellant Altawal was Not Given the Right to Cure as Required by the San Francisco Rent Ordinance; (5) The Inclusion of Eviction for Guests in a Three Day Notice to Quit Rendered it Defective as California Civil Procedure 1161.4 Does Not Allow for an Eviction for Guests and Furthermore The Appellant Would Have Had an Opportunity to Cure; (6) Waiver was Established where the Plaintiff. Accepted Rent Payments after Knowing of Breaches; (7) Error in Law and/or An Order of the Court or Abuse of Discretion; (8) Insufficient Evidence to Justify Verdict or Verdict Is Against Law as No Evidence or Authority that Yarng Altawal was Bound by Susan Altawal’s Lease was presented; and (9) The trial date was improperly continued in violation of California code of civil procedure 1170.5. There is no way that the Appellant can bring these arguments within the limited jurisdiction word count limitation. As such, the word count should be increased, and the Brief should be allowed to be filed as drafted at 12,175 words. This is a reasonable request when considering the timeline of the case, the amount the case was litigated, and the number of arguments Appellant must present the court. Additionally, this word count is within the unlimited jurisdiction word count and as such is not unreasonable. EX PARTE APPLICATION OF DEFENDANT/APPELLANT TO INCREASE THE WORD COUNT FOR APPELLANTS OPENING BRIEF 3Ill. CONCLUSION Based on the above facts and legal argument, the Court should allow the Appellant/Defendant to file the Appellants Opening Brief and increase the word count for filing. Date: November 12, 2014 Respectfully Submitted, Hooshmand Law Group Mark Hooshmand, Esq> Attorney for Defendant and Appellant EX PARTE APPLICATION OF DEFENDANT/APPELLANT TO INCREASE THE WORD COUNT FOR APPELLANTS OPENING BRIEF 427 28 DECLARATION OF MARK HOOSHMAND I, MARK HOOSHMAND, declare the following: . Irepresent the Defendant and Appellant in this action. _ The facts stated within this declaration are based upon my personal knowledge, except for those which are based on information and belief, and I am competent to testify as to these facts. . Notice was provided of this application for November 11, 2014 by telephone to counsel and via email. Exhibit A. . Inorder to effectively appeal the Judgment, Pre-Trial Judgments, and Post Trial Judgment Appellants opening brief must exceed the 6,800 word count. . Good cause exist for this extension, as without the word count increase, Appellants will not be able to effectively present all of the necessary arguments. . No prejudice will be caused to the Respondents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: November 12, 2014 Noa Mark Eooshmand, Esq. EX PARTE APPLICATION OF DEFENDANT/APPELLANT TO INCREASE THE WORD COUNT FOR APPELLANTS OPENING BRIEF 527 28 EXHIBIT A EX PARTE APPLICATION OF DEFENDANT/APPELLANT TO INCREASE THE WORD COUNT FOR APPELLANT'S OPENING BRIEF 6Workspace Webmail :: Print hitps:/email12.secureserversne/ view, _print_multi.php?uidArray=176... “™ Print | Close Window Subject: Sberlo v. Altawal - Appeal From: sf@lawmmh.com Date: Tue, Nov 11, 2014 12:54 pm To: "Karen Uchiyama" . afarmer@aaronfarmer.com, "Mark Hooshmand" , "Diana” | Attach: Altawal - Stipulation to Word Count.pdf Aitawal - ex parte app - Word Count.pdf Karen, While we do not believe we have to as it will be submitted, our office gave telephonic ex parte notice today at 10:00 am that, in the matter of Yoel Sberto, Trustee for the Sberlo Family Trust v. Altawal, CUD - 13 - 645401, at 11:00 am in Department 622 of the San Francisco Superior Court, located at 400 McAllister, San Francisco, California, seeking an increase in the Appeltants Opening Brief word count. A PDF copy of the application ts attached. However, in the alternative, we would like to sign a stipulation agreeing to the word count Increase. The current word count for limited appeals should be 6,800. Our brief comes in just over 12,000. The unlimited appeal word count is at 14,000. We would agree to increase your word count to the unlimited appeal levels as well. A capy of the stipulation is attached. We would like to file the stipulation tomorrow, so if you could get back to us as soon as possible. Thank you, Hooshmand Law Group 22 Battery St., Ste. 610 San Francisco, CA 94114 Tel: (415) 318-5709 Fax: (415) 376-5897 { This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto. Lert tt sages nnctennee Copyright © 2003-2014. All rights reserved. tofl : 11/12/2014 8:42 AM