Preview
THOMAS J. MURRAY, ESQ. 154245
DANIEL G. BALICH, ESQ. 278105
GEOFFREY L. MEISNER, ESQ. 304986
KERN SEGAL & MURRAY
1388 Sutter Street, Suite 600
San Francisco, CA 94109
Tel: (415) 474-1900
Fax: (415) 474-0302
Attorney for Defendants,
SUSAN M. CLARKE and ALBERT K. CLARKE
SUPERIOR COURT OF THE STATE OF CALIFORNIA
SANTA CLARA COUNTY
10 UNLIMITED JURISDICTION
11 LALANI NAILAU, CASE NO.: 16CV299824
12 Plaintiff, DEFENDANT’S OBJECTION TO
PLAINTIFF’S PROPOSED ORDER
13 vs. GRANTING MOTION TO
CONSOLIDATE AND FURTHER
14 SUSAN M. CLARKE; ALBERT K. ORDER THAT CASE NO. 18CV321960
CLARKE; AND DOES | THROUGH 20, BE TRIED FIRST
15
Defendants. Trial Date: February 18, 2020
16
17
18 Plaintiff LALANI NAILAU’s Motion to Consolidate came on regularly for hearing
19 on September 25, 2018, at 9:00am in Department 9 of this Court, the Honorable Mary
20 Arand presiding. At that hearing, the Court decided that the motor vehicle accident, case
21 no. 16CV299824, and the fraudulent transfer action, case no. 18CV321960, were ordered
22 consolidated for case management purposes, but not consolidated for trial, and that the
23 auto case would be tried first, with Ms. Clarke’s financial condition and all issues
24 regarding the property transfer to be excluded entirely.
25 Further, the Court decided that presuming the jury finds that punitive damages are
26 at issue and/or awards an amount in the motor vehicle action that is in excess of the
27 insurance policy limits, then the property transfer case (18CV321960) would be tried.
28 Only after the transfer case is decided would the punitive damages award phase begin.
Furthermore, at the Trial Setting Conference held on September 17, 2019 in
Department 9 at 11:00am, the Honorable Mary Arand presiding, it was indicated that
notwithstanding the previous trial order, Judge Arand would leave the ultimate decision of
trial sequencing to the trial judge.
Plaintiff's proposed order, in which it is “further ordered” that Case No.
18CV321960 be tried first is a one-sided attempt to sequence the trials according to
Plaintiff's preferred order to the prejudice of Defendant SUSAN M. CLARKE. Evidence
of a party’s financial condition is inadmissible in a personal injury trial, thus the personal
injury case should be tried first. Lastly, Plaintiff will not be prejudiced if the punitive
10 damages phase occurs after both 16CV299824 and 18CV321960. Defendant objects to
ll Plaintiffs proposed order on these grounds.
12 DATED: \\ pu feos
13 KERN SEG l RRAY
14
15 By: [PA fi
Sih Ma URRAY
THO)
16 DANIE b \ ALICH
GEOFFREY L. MEISNER
17 Attorney for Defendants,
SUSAN M. CLARKE and ALBERT K.
18 CLARKE
19
20
21
22
23
24
25
26
27
28 -2-
DEFENDANT’S OBJECTION TO PLAINTIFF’S PROPOSED ORDER GRANTING MOTION TO CONSOLIDATE AND
FURTHER ORDER THAT CASE NO. 18CV321960 BE TRIED FIRST
PROOF OF SERVICE BY MAIL
Nailau v. Clarke
Santa Clara County Superior Court Case No. 16CV299824
I declare that:
1 am employed in San Francisco County, California. I am over the age of 18 years and not
a party to the within cause; my business address is 1388 Sutter Street, Suite 600, San Francisco,
California 94109.
On the date set forth below, I served a copy of the foregoing document by mail by placing
the same in an envelope, sealing, fully preparing postage thereon, and depositing said envelope in
10
the U.S. Mail at San Francisco, California. Said envelope was addressed as follows:
ll
12 Mailed to:
Richard E. Eichenbaum, Esq.
13 Jeff Atterbury, Esq.
Caputo & Van Der Walde LLP
14 51 E. Campbell Avenue, Suite 120
Campbell, CA 95008
15
Attorney for Plaintiff LALANI NAILAU
Tel: (408) 733-0100
16 Fax: (408) 733-0123
Email: ree@vanderwalde.com
7
jba@vanderwalde.com
18
Bradley Kass, Esq.
19 Kass & Kass Law Offices
1900 S. Norfolk Street, Suite 265
San Mateo, CA 94403
20
Altorney for Defendants SUSAN M. CLARKE, ALBERT K. CLARKE, ROBERT M. PICKLE & THE
PICKLE MARITAL TRUST, ROBERT M. PICKLE AS TRUSTEE
21
Tel: (650) 579-0612
22
Fax: (650) 579-0760
Email: kassoffice@sbcglobal.net
23
24 Documents mailed:
25 DEFENDANT’S OBJECTION TO PLAINTIFF’S PROPOSED ORDER
GRANTING MOTION TO CONSOLIDATE AND FURTHER ORDER THAT
26 CASE NO. 18CV321960 BE TRIED FIRST
27 Ml
28 Ii
-3-
DEFENDANT’S OBJECTION TO PLAINTIFF’S PROPOSED ORDER GRANTING MOTION TO CONSOLIDATE AND
FURTHER ORDER THAT CASE NO. 18CV321960 BE TRIED FIRST
I declare under penalty of perjury that the foregoing is true and correct, and that this
declaration was executed on November 21, 2019 at San Francisco, California.
Signed:
CINDY VOON
10
ll
122)
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 -4-
DEFENDANT'S OBJECTION TO PLAINTIFF’S PROPOSED ORDER GRANTING MOTION TO CONSOLIDATE AND
FURTHER ORDER THAT CASE NO. 18CV321960 BE TRIED FIRST
Preview
THOMAS J. MURRAY, ESQ. 154245 DANIEL G. BALICH, ESQ. 278105 GEOFFREY L. MEISNER, ESQ. 304986 KERN SEGAL & MURRAY 1388 Sutter Street, Suite 600 San Francisco, CA 94109 Tel: (415) 474-1900 Fax: (415) 474-0302 Attorney for Defendants, SUSAN M. CLARKE and ALBERT K. CLARKE SUPERIOR COURT OF THE STATE OF CALIFORNIA SANTA CLARA COUNTY 10 UNLIMITED JURISDICTION 11 LALANI NAILAU, CASE NO.: 16CV299824 12 Plaintiff, DEFENDANT’S OBJECTION TO PLAINTIFF’S PROPOSED ORDER 13 vs. GRANTING MOTION TO CONSOLIDATE AND FURTHER 14 SUSAN M. CLARKE; ALBERT K. ORDER THAT CASE NO. 18CV321960 CLARKE; AND DOES | THROUGH 20, BE TRIED FIRST 15 Defendants. Trial Date: February 18, 2020 16 17 18 Plaintiff LALANI NAILAU’s Motion to Consolidate came on regularly for hearing 19 on September 25, 2018, at 9:00am in Department 9 of this Court, the Honorable Mary 20 Arand presiding. At that hearing, the Court decided that the motor vehicle accident, case 21 no. 16CV299824, and the fraudulent transfer action, case no. 18CV321960, were ordered 22 consolidated for case management purposes, but not consolidated for trial, and that the 23 auto case would be tried first, with Ms. Clarke’s financial condition and all issues 24 regarding the property transfer to be excluded entirely. 25 Further, the Court decided that presuming the jury finds that punitive damages are 26 at issue and/or awards an amount in the motor vehicle action that is in excess of the 27 insurance policy limits, then the property transfer case (18CV321960) would be tried. 28 Only after the transfer case is decided would the punitive damages award phase begin. Furthermore, at the Trial Setting Conference held on September 17, 2019 in Department 9 at 11:00am, the Honorable Mary Arand presiding, it was indicated that notwithstanding the previous trial order, Judge Arand would leave the ultimate decision of trial sequencing to the trial judge. Plaintiff's proposed order, in which it is “further ordered” that Case No. 18CV321960 be tried first is a one-sided attempt to sequence the trials according to Plaintiff's preferred order to the prejudice of Defendant SUSAN M. CLARKE. Evidence of a party’s financial condition is inadmissible in a personal injury trial, thus the personal injury case should be tried first. Lastly, Plaintiff will not be prejudiced if the punitive 10 damages phase occurs after both 16CV299824 and 18CV321960. Defendant objects to ll Plaintiffs proposed order on these grounds. 12 DATED: \\ pu feos 13 KERN SEG l RRAY 14 15 By: [PA fi Sih Ma URRAY THO) 16 DANIE b \ ALICH GEOFFREY L. MEISNER 17 Attorney for Defendants, SUSAN M. CLARKE and ALBERT K. 18 CLARKE 19 20 21 22 23 24 25 26 27 28 -2- DEFENDANT’S OBJECTION TO PLAINTIFF’S PROPOSED ORDER GRANTING MOTION TO CONSOLIDATE AND FURTHER ORDER THAT CASE NO. 18CV321960 BE TRIED FIRST PROOF OF SERVICE BY MAIL Nailau v. Clarke Santa Clara County Superior Court Case No. 16CV299824 I declare that: 1 am employed in San Francisco County, California. I am over the age of 18 years and not a party to the within cause; my business address is 1388 Sutter Street, Suite 600, San Francisco, California 94109. On the date set forth below, I served a copy of the foregoing document by mail by placing the same in an envelope, sealing, fully preparing postage thereon, and depositing said envelope in 10 the U.S. Mail at San Francisco, California. Said envelope was addressed as follows: ll 12 Mailed to: Richard E. Eichenbaum, Esq. 13 Jeff Atterbury, Esq. Caputo & Van Der Walde LLP 14 51 E. Campbell Avenue, Suite 120 Campbell, CA 95008 15 Attorney for Plaintiff LALANI NAILAU Tel: (408) 733-0100 16 Fax: (408) 733-0123 Email: ree@vanderwalde.com 7 jba@vanderwalde.com 18 Bradley Kass, Esq. 19 Kass & Kass Law Offices 1900 S. Norfolk Street, Suite 265 San Mateo, CA 94403 20 Altorney for Defendants SUSAN M. CLARKE, ALBERT K. CLARKE, ROBERT M. PICKLE & THE PICKLE MARITAL TRUST, ROBERT M. PICKLE AS TRUSTEE 21 Tel: (650) 579-0612 22 Fax: (650) 579-0760 Email: kassoffice@sbcglobal.net 23 24 Documents mailed: 25 DEFENDANT’S OBJECTION TO PLAINTIFF’S PROPOSED ORDER GRANTING MOTION TO CONSOLIDATE AND FURTHER ORDER THAT 26 CASE NO. 18CV321960 BE TRIED FIRST 27 Ml 28 Ii -3- DEFENDANT’S OBJECTION TO PLAINTIFF’S PROPOSED ORDER GRANTING MOTION TO CONSOLIDATE AND FURTHER ORDER THAT CASE NO. 18CV321960 BE TRIED FIRST I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on November 21, 2019 at San Francisco, California. Signed: CINDY VOON 10 ll 122) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- DEFENDANT'S OBJECTION TO PLAINTIFF’S PROPOSED ORDER GRANTING MOTION TO CONSOLIDATE AND FURTHER ORDER THAT CASE NO. 18CV321960 BE TRIED FIRST