Motion-Secondary: Lalani Nailau vs Susan Clarke et al

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                                EFS-020

 

|ATTORNEY OR PARTY WITHOUT ATTORNEY. STATE BAR NO: 229462

NAME: Jeff Atterbury, Esq.

FIRM NAME: Caputo & Van Der Walde, LLP

ISTREET ADDRESS: §1 E, Campbell Avenue, Suite 120

city: Campbell stare, CA zip code, 95008
TELEPHONE NO 408.733.0100 FaXNO; 408.733.0123

E-MAIL ADDRESS: jba@vanderwalde.com

ATTORNEY FOR (name): Plaintiff, Lalani Nailau

 

[SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS: 191 N. First Street
MAILING ADDRESS:
[city AND zip cone: San Jose, CA 95113
BRANCH NAME:

FOR COURT USE ONLY

 

 

PLAINTIFF/PETITIONER: Lalani Nailau
DEFENDANT/RESPONDENT: Susan M. Clarke, et al.
OTHER:

CASE NUMBER:
16CV299824

 

JUDICIAL OFFICER:
Judge Mary Arand

 

PROPOSED ORDER (COVER SHEET)

 

DEPT:

 

 

orderin PDF format are filed.

 

NOTE: This cover sheet is to be used to electronically file and submit to the court a 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

 

 

1. Name of the party submitting the proposed order:
Plaintiff, LALANI NAILAU

2. Title of the proposed order:
Proposed Order Granting Plaintiff's Motion to Consolidate

3. The proceeding to which the proposed order relates is:

a. Description of proceeding: Mation to Consolidate

b. Date and time: September 25, 2018 at 9:00 a.m.

c. Place: Santa Clara County Superior Court, Dept. 9, 191 N. First Street, San Jose, Califomia 95113

4, The proposed order was served on the other parties in the case.

 

 

 

 

 

Jeff Atterbury, Esq. > eth}
(TYPE OR PRINT NAME) TSIGNA TY ORAN
Page 1 of 2
enyer caeeeer pene use PROPOSED ORDER (COVER SHEET) eee acta
EFS.020 [Rev. February 1, 2017} (Electronic Filing) www.courts.ca.govEFS-020

 

CASE NAME: CASE NUMBER:
Nailau v. Susan M. Clarke, et al. 18CV299824

 

 

 

 

PROOF OF ELECTRONIC SERVICE
PROPOSED ORDER

1. lam atleast 18 years old and not a party to this action,

3. My residence or business address is (specify):
51 E. Campbell Avenue, Suite 120, Campbell, CA 95008

b. My electronic service address is (specify); cla@vanderwalde.com

2. | 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.):
See attached Proof of Service

b. To (electronic service address of person served): See atlached Proof of Service
c. On (date): July 16, 2018

Lx] Electronic service of the Proposed Order (Caver 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.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: July 25, 2018

 

 

iv
Corene Abrego > Nowe (ua
(TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT)
EF5-020 Rov February 1, 2017) PROPOSED ORDER (COVER SHEET) Page 2012

{Electronic Filing)2||

Richard E. Eichenbaum, Esq. SBN 157065
Jeff Atterbury, Esq. SBN 229462
CAPUTO & VAN DER WALDE LLP

51 E. Campbell Avenue, Suite 120
Campbell, CA 95008

(408) 733-0100

(408) 733-0123 fax

6 _ Attorneys for Plaintiff

LALANI NAILAU

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA

LALANI NAILAU,
Plaintiff,
vs,

SUSAN M, CLARKE and ALBERT K.
CLARKE,

Defendants.

 

Plaintiff LALANI NAILAU’s Motion to Consolidate came on regularly for hearing on
September 25, 2018, at 9:00 a.m. in Department 9 of this Court, the Honorable Mary Arand
| presiding. Jeff Atterbury appeared for Plaintiff, the law firm of Kern Segal & Murray appeared
for Defendants Susan Clarke and Albert Clarke in Case No. 16CV299824, and Bradley Kass of
Kass & Kass Law Offices appeared for Defendants Susan M. Clarke, Albert K. Clarke and Robert
M. Pickle, individually and as trustee in Case No. 18CV321960.
The Court, having reviewed all papers filed in support of and in opposition to the motion,

and having considered argument of counsel, and good cause appearing therefore, grants Plaintiff's

Motion to Consolidate as follows:

[PROPOSED] ORDER GRANTING PLAINTIFT’S
MOTION TO CONSOLIDATE,

PAGE 1

Case No.: 16CV299824

[PROPOSED] ORDER GRANTING
PLAINTIFF’S MOTION TO
CONSOLIDATE

Date: September 25, 2018
Time: 9:00 a.m.
Dept.: 9

September 13, 2016
None

Complaint Filed:
Trial Date:

 

CAPUTO & VAN DER WALDB LLP
$1 &. CAMPBELL AVENUE, SUTTE 120
CAMPBELL, CA 95003 (40H) 733-0100|

1 IT IS ORDERED that Plaintiff’s Motion to Consolidate the above captioned case and Case
No. 18CV321960 is granted. The lead case will be Nailau v. Susan M. Clarke, et al. Case No.

| 16CV299824. All pleadings will be filed under the lead case.

4 IT IS SO ORDERED,

5|

6 | Dated:

7

|

9 |

10

JUDGE OF THE SUPERIOR COURT

|
|
B
14)
5

16

17 |
18

 

ES ry’, & VAN DER WALDE: ue
[PROPOSED] ORDER GRANTING PLAINTIFT’S ncaa Vets DER WALD

MOTION TO CONSOLIDATE PAGE 2 casita HON Son bere ea1 | Case Name: Nailau v. Clarke, et al.
Case No.: 16CV299824

2|
|
3 | PROOF OF SERVICE
4) I am over the age of eighteen years and not a party to the within action. My business

5 | address is 51 East Campbell Avenue, Suite 120, Campbell, CA 95008, I am employed in the
6 | county of Santa Clara where this service occurs. | am readily familiar with my employer’s normal
7 | business practice for collection and processing of correspondence for mailing with U.S. Postal
8) Service, and that practice is that the correspondence is deposited with the U.S. Postal Service the

9 | same day as the day of collection in the ordinary course of business.

10: On the date set forth below, following ordinary business practice, I served a true copy of the
11|| foregoing document(s) described as:
2 [PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION TO CONSOLIDATE
1 on the parties listed below.
14 X {BY MAIL) I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail
at Campbell, California.
15 (BY FAX) by transmitting via facsimile the document(s) listed above to the fax number{s) set forth below.
or as stated on the attached service list, on this date before 5:00 p.m.

courier service with delivery fees provided for, addressed to the person(s) on whom it is to be served.

is (BY HAND-DELIVERY BY COURIER SERVICE) I caused such envelope(s) to be delivered to a same-day
17) ; k (BY ELECTRONIC SERVICE) by transmitting the document(s) to be sent to the persons at the electronic

service address listed below.

8 (BY PERSONAL SERVICE) I caused such envelope(s) to be delivered by hand this date to the offices
of the addressee(s).
19 Other: REGISTERED MAIL; RETURN RECEIPT REQUESTED.I caused such envelopes to be delivered by
registered mail to the offices of the addresses listed below.
20) Thomas J. Murray, Esq. Autorney for Defendants,
21 Geoffrey Meisner, Esq. Susan M. Clarke and Albert K. Clarke
| Kern, Segal & Murray In Case No. 16CV299824

2| 1388 Sutter Street, Suite 600
San Francisco, CA 94109

23)) Ph: (415) 474-1900; Fx: (415) 474-0302
Email:gmeisner@kernlaw.com;

24 \jmurray@kernlaw.com

B| Bradley Kass, Esq. Attorney for Defendants,
26! Kass & Kass Law Offices Susan M. Clarke, Albert K. Clarke & Robert

520 S. El Camino Real, Suite 810 M. Pickle, individually and as Trustee
27) San Mateo, CA 94402 In Case No, 18CV321960

8 Ph: 650.579.0612; Fx: 650.579.0760
| Email: kassoffice@sbcglobal.net

PROOF OF SERVICE2. | is true and correct.

1} I certify and declare under penalty of perjury Chen. of
Ib

3 | Executed on: July _'”_, 2018

4

 

 

 

PROOF OF SERVICE

   

Corene Abrego

 
 

ifornia that the foregoing