Preview
EFS-020
J ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BARNO.: 127658 FOR COURT USE ONLY
NAME: Bradley Kass, Esq.
FIRM NaME: KASS & KASS LAW OFFICES
STREET ADDRESS: 1900 S. Norfolk Street, Suite 265
cry: San Mateo STATE: CA iP CODE: 94403
[TELEPHONE NO.: (650) 579-0612 FAXNO: (650) 579-0760
E-MAIL ADDRESS: kassoffice@sbcglobal.net
ATTORNEY FOR (name: Defendants Susan M. Clarke, Albert K. Clarke and Robert M. Pickle
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
STREET ADDRESS: 191 N. First Street,
MAILING ADDRESS: 191 N. First Street,
city AND zip cope: San Jose, CA 95113
BRANCH NAME: Downtown Superior Court ‘CASE NUMBER:
16CV299824
PLAINTIFF/PETITIONER: Lalani Nailau
DEFENDANT/RESPONDENT: Susan M. Clarke, Albert K. Clarke and Robert M. Pickle JUDICIAL OFFICER:
Hon. Mary E. Arand
OTHER:
DEPT:
PROPOSED ORDER (COVER SHEET) 9
NOTE: This cover sheet is to be used to electronically file and submit to the courta proposed order. The proposed order sent
electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed
order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed
order in PDF format are filed.
Name of the party submitting the proposed order:
Susan M. Clarke, Albert K. Clarke, Robert M. Pickle & The Pickle Marital Trust, Robert M. Pickle as Trustee
Title of the proposed order:
Order Granting in Part Motion to Consolidate Actions
The proceeding to which the proposed order relates is:
a. Description of proceeding: Plaintiff's Motion to consolidate case nos. 16CV299824 and 18CV321960.
b, Date and time: September 25, 2018 9:00 a.m.
c. Place: Santa Clara County Superior Court
191 N. First Street,
San Jose, CA 95113
The proposed order was served on the other parties in the case.
Bradley Kass, Esq.
(TYPE OR PRINT NAME)
> Ajod/
BIGNAIDREOF PARTY OR ATTORNEY}
Page1 of2
Form Adopted for Mandatory Use PROPOSED ORDER (COVER SHEET) Cal, Rules of Cour,
Judicial Council of California rules 2.262, 3.1312
EFS.020 [Rev. February 1, 2017] (Electronic Filing) wunw.courts.ca.gov
EFS-020
CASE NAME: CASE NUMBER:
16CV299824
Lalani Nailau v. Susan M. Clarke, Albert K. Clarke and Robert M. Pickle
PROOF OF ELECTRONIC SERVICE
PROPOSED ORDER
| am at least 18 years old and not a party to this action.
a. My residence or business address is (specify):
1900 S. Norfolk Street, Suite 265, San Mateo, CA 94403
b. My electronic service address is (specify): kassoffice@sbeglobal.net
| electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in
an editable word-processing format as follows:
a. On (name of person served) (If the person served is an attorney, the party or parties represented should also be stated.):
Richard E. Eichenbaum, Esq. CAPUTO & VAN DER WALDE, LLP Attorney for Plaintiff Lalani Nailau
Thomas J. Murray, Esq. KERN, SEGAL, & MURRAY Attorney for Susan M. Clarke
b. To (electronic service address of person served): ree@vanderwalde.com; timurray@kernlaw.com
c. On (date): 11/14/2019
[) Electronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the
proposed order in an editable word-processing format on additional persons are described in an attachment.
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: November 14, 2019
Neyda Carranza
(TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT)
EFS-020 [Rev. February 1, 2017] PROPOSED ORDER (COVER SHEET) Page 2.of 2
(Electronic Filing)
BRADLEY KASS, ESQ. (CBN# 127658)
KASS & KASS LAW OFFICES
1900 Ss. Norfolk Street, Suite 265
San Mateo, CA 94403
Phone Number: (650) 579-0612
Fax: (650) 579-0760
Attorneys for Defendants
SUSAN M. CLARKE, ALBERT K. CLARKE,
AND ROBERT M. PICKLE, ind. and as
Trustee
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
UNLIMITED JURISDICTION
10
11
12 LALANI NAILAU,
Lead Case No. 16CV299824
13
Plaintiff, Case No. 18CV321960
14 vs.
15 SUSAN M. CLARKE, ALBERT kK. ORDER GRANTING IN PART
CLARKE, ROBERT M. PICKLE & MOTION TO CONSOLIDATE ACTIONS
16 THE PICKLE MARITAL TRUST,
ROBERT M. PICKLE AS TRUSTEE DATE: September 25, 2018
17 and Does 1-25, TIME: 9:00 am
DEPT: 9
18 Defendants,
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ORDER GRANTING IN PART MOTION TO
CONSOLIDATE ACTIONS
Plaintiff Lalani Nailau’s motion to consolidate case nos.
16CV299824 and 18CV321960 came on regularly for hearing before
this court on September 25, 2018, in Department 9, the Honorable
Mary E. Arand, presiding,; Bradley Kass, Esq., appearing as
attorney in case no. 18CV321960 for Defendants Susan M. Clarke,
Albert K. Clarke, Robert M. Pickle & The Pickle Marital Trust,
Robert M. Pickle as Trustee; Jeff Atterbury Esq. appearing as
attorney for Plaintiff Lalani Nailau; Kern, Segal & Murray
10 appeared in case no. 16CV299824 as attorney for Susan M. Clarke.
11 The Court having considered all moving papers, opposition
12 the
and reply papers and with proof having been made to
13
satisfaction of the Court, and good cause appearing therefor,
14
IT IS HEREBY ORDERED as follows:
15
16
17 The motion to consolidate is granted subject to the
18 following orders of the court.
19 2. Case no. 18CV321960 will not proceed to trial until case
20 16CV299824 has proceeded to trial first.
no.
21
Case no. 18CV321960 will only proceed to trial if there
22
is a finding in the trial of case no. 16CV299824, that
23
there is an entitlement for punitive damages to the
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25 Plaintiff.
26 //
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//
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ORDER GRANTING IN PART MOTION TO
CONSOLIDATE ACTIONS
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The two cases are consolidated for pre-trial purposes and
of assignment to a trial department and the trial judge
will determine the timing of trial in case no. 18CV321960
if needed as a result of a punitive damages finding is
made in case no. 16CV299824.
DATED: poy S$ Onad
HONORABLE MARY E. ARAND
10 JUDGE OF THE SANTA CLARA
COUNTY SUPERIOR COURT
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ORDER GRANTING IN PART MOTION TO
CONSOLIDATE ACTIONS
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Preview
EFS-020 J ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BARNO.: 127658 FOR COURT USE ONLY NAME: Bradley Kass, Esq. FIRM NaME: KASS & KASS LAW OFFICES STREET ADDRESS: 1900 S. Norfolk Street, Suite 265 cry: San Mateo STATE: CA iP CODE: 94403 [TELEPHONE NO.: (650) 579-0612 FAXNO: (650) 579-0760 E-MAIL ADDRESS: kassoffice@sbcglobal.net ATTORNEY FOR (name: Defendants Susan M. Clarke, Albert K. Clarke and Robert M. Pickle SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 N. First Street, MAILING ADDRESS: 191 N. First Street, city AND zip cope: San Jose, CA 95113 BRANCH NAME: Downtown Superior Court ‘CASE NUMBER: 16CV299824 PLAINTIFF/PETITIONER: Lalani Nailau DEFENDANT/RESPONDENT: Susan M. Clarke, Albert K. Clarke and Robert M. Pickle JUDICIAL OFFICER: Hon. Mary E. Arand OTHER: DEPT: PROPOSED ORDER (COVER SHEET) 9 NOTE: This cover sheet is to be used to electronically file and submit to the courta proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed order in PDF format are filed. Name of the party submitting the proposed order: Susan M. Clarke, Albert K. Clarke, Robert M. Pickle & The Pickle Marital Trust, Robert M. Pickle as Trustee Title of the proposed order: Order Granting in Part Motion to Consolidate Actions The proceeding to which the proposed order relates is: a. Description of proceeding: Plaintiff's Motion to consolidate case nos. 16CV299824 and 18CV321960. b, Date and time: September 25, 2018 9:00 a.m. c. Place: Santa Clara County Superior Court 191 N. First Street, San Jose, CA 95113 The proposed order was served on the other parties in the case. Bradley Kass, Esq. (TYPE OR PRINT NAME) > Ajod/ BIGNAIDREOF PARTY OR ATTORNEY} Page1 of2 Form Adopted for Mandatory Use PROPOSED ORDER (COVER SHEET) Cal, Rules of Cour, Judicial Council of California rules 2.262, 3.1312 EFS.020 [Rev. February 1, 2017] (Electronic Filing) wunw.courts.ca.gov EFS-020 CASE NAME: CASE NUMBER: 16CV299824 Lalani Nailau v. Susan M. Clarke, Albert K. Clarke and Robert M. Pickle PROOF OF ELECTRONIC SERVICE PROPOSED ORDER | am at least 18 years old and not a party to this action. a. My residence or business address is (specify): 1900 S. Norfolk Street, Suite 265, San Mateo, CA 94403 b. My electronic service address is (specify): kassoffice@sbeglobal.net | electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in an editable word-processing format as follows: a. On (name of person served) (If the person served is an attorney, the party or parties represented should also be stated.): Richard E. Eichenbaum, Esq. CAPUTO & VAN DER WALDE, LLP Attorney for Plaintiff Lalani Nailau Thomas J. Murray, Esq. KERN, SEGAL, & MURRAY Attorney for Susan M. Clarke b. To (electronic service address of person served): ree@vanderwalde.com; timurray@kernlaw.com c. On (date): 11/14/2019 [) Electronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the proposed order in an editable word-processing format on additional persons are described in an attachment. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: November 14, 2019 Neyda Carranza (TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT) EFS-020 [Rev. February 1, 2017] PROPOSED ORDER (COVER SHEET) Page 2.of 2 (Electronic Filing) BRADLEY KASS, ESQ. (CBN# 127658) KASS & KASS LAW OFFICES 1900 Ss. Norfolk Street, Suite 265 San Mateo, CA 94403 Phone Number: (650) 579-0612 Fax: (650) 579-0760 Attorneys for Defendants SUSAN M. CLARKE, ALBERT K. CLARKE, AND ROBERT M. PICKLE, ind. and as Trustee SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA UNLIMITED JURISDICTION 10 11 12 LALANI NAILAU, Lead Case No. 16CV299824 13 Plaintiff, Case No. 18CV321960 14 vs. 15 SUSAN M. CLARKE, ALBERT kK. ORDER GRANTING IN PART CLARKE, ROBERT M. PICKLE & MOTION TO CONSOLIDATE ACTIONS 16 THE PICKLE MARITAL TRUST, ROBERT M. PICKLE AS TRUSTEE DATE: September 25, 2018 17 and Does 1-25, TIME: 9:00 am DEPT: 9 18 Defendants, 19 20 21 22 23 24 25 26 27 28 ORDER GRANTING IN PART MOTION TO CONSOLIDATE ACTIONS Plaintiff Lalani Nailau’s motion to consolidate case nos. 16CV299824 and 18CV321960 came on regularly for hearing before this court on September 25, 2018, in Department 9, the Honorable Mary E. Arand, presiding,; Bradley Kass, Esq., appearing as attorney in case no. 18CV321960 for Defendants Susan M. Clarke, Albert K. Clarke, Robert M. Pickle & The Pickle Marital Trust, Robert M. Pickle as Trustee; Jeff Atterbury Esq. appearing as attorney for Plaintiff Lalani Nailau; Kern, Segal & Murray 10 appeared in case no. 16CV299824 as attorney for Susan M. Clarke. 11 The Court having considered all moving papers, opposition 12 the and reply papers and with proof having been made to 13 satisfaction of the Court, and good cause appearing therefor, 14 IT IS HEREBY ORDERED as follows: 15 16 17 The motion to consolidate is granted subject to the 18 following orders of the court. 19 2. Case no. 18CV321960 will not proceed to trial until case 20 16CV299824 has proceeded to trial first. no. 21 Case no. 18CV321960 will only proceed to trial if there 22 is a finding in the trial of case no. 16CV299824, that 23 there is an entitlement for punitive damages to the 24 25 Plaintiff. 26 // 27 // 28 ORDER GRANTING IN PART MOTION TO CONSOLIDATE ACTIONS -2- The two cases are consolidated for pre-trial purposes and of assignment to a trial department and the trial judge will determine the timing of trial in case no. 18CV321960 if needed as a result of a punitive damages finding is made in case no. 16CV299824. DATED: poy S$ Onad HONORABLE MARY E. ARAND 10 JUDGE OF THE SANTA CLARA COUNTY SUPERIOR COURT 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER GRANTING IN PART MOTION TO CONSOLIDATE ACTIONS 3-2