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DAA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jui-28-2013 3:12 pm
Case Number: CUD-11-639244
Filing Date: Jul-29-2013 3:12
Filed by: NANCY E. BAUTISTA
Juke Box: 001 Image: 04144336
ORDER
TRAVIS CAMPBELL VS. KIMBERLY HATHAWAY et al
001004144336
Instructions:
Please place this sheet on top of the document to be scanned.Orestes A. Cross, State Bar No. 250471
Thomas J. O’Brien, State Bar No. 274969
WALSTON CROSS, Attomeys
735 Montgomery St., Ste. 250
San Francisco, California 94111
Telephone: (415) 956-9200
Facsimile: (415) 956-9205
Attorneys for Plaintiff TRAVIS CAMPBELL
an Francisco County Superto
JUL 29 2013
CLERK OF THE COURT
BY.
SUPERIOR COURT OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
TRAVIS CAMPBELL,
: Plaintiff,
ve
KIMBERLY HATHAWAY, JOHN HOFFMAN.
Defendants.
Case No. CUD-11-639244
[PROPOSED] ORDER DENYING
DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT
DATE: JULY 12, 2013
TIME: 9:30A.M.
DEPT: 501
Defendants’ Motion to for Summary Judgment was called for hearing before the
Honorable Judge Ronald Quidachay on July 12, 2013 at 9:30A.M. in Department 501 of the
above-captioned court. Thomas O’Brien appeared on behalf of the Plaintiff. Catherine Danielson
appeared on behalf of the Defendants. After having considered the moving, opposing and reply
papers and oral argument of counsel, and finding good cause, the Court rules as follows:
IT IS HEREBY ORDERED that Defendants’ Motion for Summary Judgment is
DENIED. Estoppel is not asserted as affirmative defense in Defendants answer filed on
November 7, 2011 and cannot be asserted at this time.
tif
Mt
Proposed Order re Defendants’ Motion for Summary JudgmentIT IS ALSO HEREBY ORDERED that Defendants’ nunc pro tunc request for leave to
amend the answer is hereby DENIED.
DATED: , 2013.
<“J JUDGE OF THE SUPERIOR COURT
RONALD E. QUIDACHAY
THE FOREGOING ORDER IS REVIEWED AND APPROVED AS TO FORM:
Dated: »2013— By:
, Attormeys
for Defendants Kimberly Hathaway and John
Hoffman
SEE EXHIBIT ‘A’ RE
COMPLIANCE WITH SRG 3.1312
Proposed Order re Defendants’ Motion for Summary JudgmentFALSTON
“ROSS
ATTORNEYS
July 22, 2013
Yon. Judge Ronald Quidachay
San Francisco Superior Court
Dept. 501
San Francisco, CA 94102
Re: CUD-11-639244; Prdposed Order
Dear Hon. Judge Quidachay,
Attached please find Plaintiff's proposed order denying Defendants’ motion for summary
judgment. The proposed order was originally provided to Defendants’ counsel by personal
service at the hearing on July 12, 2013.
However, Plaintiff felt it proper to include Defendants’ nunc pro tunc request for leave to
amend the answer in the order, and that order was submitted to Defendants’ counsel on June 17,
2013. Attached is e-mail correspondence with Defendants’ response to the proposed order, as
well as Plaintiff's reply.
Sincerely
WALSTON CROSS, Attorneys
By: Thomas O
Attorney At Law
EXHIBIT "A"Katie Danielson, Senior Supervising Attorney
Justice & Diversity Center | Homeless Advocacy Project
The Bar Association of San Francisco
1360 Mission Street, Suite 207 | San Francisco, CA 94103
Direct line: 475.865.9203 | Fax: 416.575-3132
kdanielson@sfoar.ora { www.stbar.orgiide
The Justice & Diversity Center was formerly knawn as the Volunteer Legal Services Program (VLSP)
From: Thomas O'Brien [mailto:tobrien@walstonlaw.com]
Sent: Wednesday, July 17, 2013 4:38 PM
To: Katie Danielson
Subject: RE: Campbell v. Hathaway-CUD-11-639244
Also, would you like your name as the representing attorney on the order? Or the certified law student as supervised by
you?
Mr. Thomas O'Brien, Esq.
Walston Cross, P.C.
735 Montgomery St., Ste. 250
San Francisco, CA 94111
Telephone: 415-956-9200
Facsimile: 415-956-9205
From: Katie Danielson [mailto:kdanielson@sfbar.org]
Sent: Wednesday, July 17, 2013 4:31 PM
To: ‘Thomas O'Brien’
Subject: RE: Campbell v. Hathaway CUD-11-639244
Can you please re-send me the order? | apologize, | can’t seem to find it. Thanks,
Katie Danielson, Senior Supervising Attorney
Justice & Diversity Center | Homeless Advocacy Project
The Bar Association of San Francisco
1360 Mission Street, Suite 201 | San Francisco, CA 94103
Direct line: 415.885.9203 | Fax: 415.575-3132
kdanielson@sfbar.org | www.sfbar.org/ide
The Justice & Diversity Center was formerly known as the Volunteer Legal Services Program (VLSP)
From: Thomas O'Brien [mailto:tobrien@walstonlaw.com]
Sent: Wednesday, July 17, 2013 12:14 PM
To: Katie Danielson
Subject: RE: Campbell v. Hathaway CUD-11-639244
Ms. Danielson,
It has been 5 days since you were served with the proposed order. Do you have any comments before it is filed with the
Court? If not, please return to me via e-mail or fax today so that it can be filed.
Sincerely,
Mr. Thomas O'Brien, Esq.
Walston Cross, P.C.
735 Montgomery St., Ste. 250
San Francisco, CA 94111Telephone: 415-956-9200
Facsimile: 415-956-9205
From: Katie Danielson [mailto:kdanielson@sfbar.or
Sent: Wednesday, July 10, 2013 5:20 PM
To: ‘Thomas O'Brien’
Ce: ‘Orestes A, Cross’
Subject: RE: Campbell v. Hathaway CUD-11-639244
Thank you for writing. This is what the clerk told us when we called. We will be appearing on Friday at 9:30. | will confirm
after the tentative is issued tomorrow.
Best,
Katie Danieison, Senior Supervising Attorney
Justice & Diversity Center | Homeless Advocacy Project
‘The Gar Association of San Francisco
1360 Mission Street, Suite 201 | San Francisco, CA 94103
Direct line: 415.865.9203 j Fax: 418.975-3132
kdanielson@sfbar.org | www.sfbar.orgjde
The Justice & Diversity Center was formerly known as the Volunteer Legal Services Program (VLSP)
From: Thomas O'Brien mailto:tobrien@walstoniaw.com]
Sent: Wednesday, July 10, 2013 4:22 PM
To: Katie Danielson
Ce: ‘Orestes A. Cross’
Subject: Campbell v. Hathaway CUD-11-639244
Ms. Danielson,
This e-mail is to confirm our conversation today, July 11, 2013, in person at your office, that the Court has moved the
hearing on Defendant’s motion for summary judgment from your noticed date of July 11, 2013 to July 12, 2013. If this
does not comport with your understanding, please contact me immediately.
Sincerely,
Mr. Thomas O'Brien, Esq.
Walston Cross, P.C.
735 Montgomery St., Ste. 250
San Francisco, CA 94111
Telephone: 415-956-9200
Facsimile: 415-956-9205
From: Jason Bryan [mailto:Jbryan@waistonlaw.com]
Sent: Wednesday, July 10, 2013 3:47 PM
To: kdanielson@sfbar.org
Cc: ‘Thomas O'Brien’
Subject: Campbell v. hathaway CUD-11-639244
Please see the attached.
Jason Bryan
Walston Cross Attorneys
735 Montgomery St., Ste. 250
San Francisco, CA 94114Telephone: (415) 956-9200
Facsimile: (415) 956-9205
www.walstoncross.com
CONFIDENTIALITY NOTICE:
This e-mail is intended only for the use of the individual or entity to which it is addressed and may contain information that is
privileged, confidential, and exempt from disclosure under applicable law. If the reader of this e-mail message is not the intended
recipient. or ihe employee or agent responsible for delivery of the message to the intended recipient, you are hereby notified that any
dissemination, distribution, or copying of this communication is prohibited. If you have received this e-mail in error. please notify us
immediately by telephone at (415) 956-9200 Thank you.
Preview
DAA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jui-28-2013 3:12 pm Case Number: CUD-11-639244 Filing Date: Jul-29-2013 3:12 Filed by: NANCY E. BAUTISTA Juke Box: 001 Image: 04144336 ORDER TRAVIS CAMPBELL VS. KIMBERLY HATHAWAY et al 001004144336 Instructions: Please place this sheet on top of the document to be scanned.Orestes A. Cross, State Bar No. 250471 Thomas J. O’Brien, State Bar No. 274969 WALSTON CROSS, Attomeys 735 Montgomery St., Ste. 250 San Francisco, California 94111 Telephone: (415) 956-9200 Facsimile: (415) 956-9205 Attorneys for Plaintiff TRAVIS CAMPBELL an Francisco County Superto JUL 29 2013 CLERK OF THE COURT BY. SUPERIOR COURT OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO TRAVIS CAMPBELL, : Plaintiff, ve KIMBERLY HATHAWAY, JOHN HOFFMAN. Defendants. Case No. CUD-11-639244 [PROPOSED] ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT DATE: JULY 12, 2013 TIME: 9:30A.M. DEPT: 501 Defendants’ Motion to for Summary Judgment was called for hearing before the Honorable Judge Ronald Quidachay on July 12, 2013 at 9:30A.M. in Department 501 of the above-captioned court. Thomas O’Brien appeared on behalf of the Plaintiff. Catherine Danielson appeared on behalf of the Defendants. After having considered the moving, opposing and reply papers and oral argument of counsel, and finding good cause, the Court rules as follows: IT IS HEREBY ORDERED that Defendants’ Motion for Summary Judgment is DENIED. Estoppel is not asserted as affirmative defense in Defendants answer filed on November 7, 2011 and cannot be asserted at this time. tif Mt Proposed Order re Defendants’ Motion for Summary JudgmentIT IS ALSO HEREBY ORDERED that Defendants’ nunc pro tunc request for leave to amend the answer is hereby DENIED. DATED: , 2013. <“J JUDGE OF THE SUPERIOR COURT RONALD E. QUIDACHAY THE FOREGOING ORDER IS REVIEWED AND APPROVED AS TO FORM: Dated: »2013— By: , Attormeys for Defendants Kimberly Hathaway and John Hoffman SEE EXHIBIT ‘A’ RE COMPLIANCE WITH SRG 3.1312 Proposed Order re Defendants’ Motion for Summary JudgmentFALSTON “ROSS ATTORNEYS July 22, 2013 Yon. Judge Ronald Quidachay San Francisco Superior Court Dept. 501 San Francisco, CA 94102 Re: CUD-11-639244; Prdposed Order Dear Hon. Judge Quidachay, Attached please find Plaintiff's proposed order denying Defendants’ motion for summary judgment. The proposed order was originally provided to Defendants’ counsel by personal service at the hearing on July 12, 2013. However, Plaintiff felt it proper to include Defendants’ nunc pro tunc request for leave to amend the answer in the order, and that order was submitted to Defendants’ counsel on June 17, 2013. Attached is e-mail correspondence with Defendants’ response to the proposed order, as well as Plaintiff's reply. Sincerely WALSTON CROSS, Attorneys By: Thomas O Attorney At Law EXHIBIT "A"Katie Danielson, Senior Supervising Attorney Justice & Diversity Center | Homeless Advocacy Project The Bar Association of San Francisco 1360 Mission Street, Suite 207 | San Francisco, CA 94103 Direct line: 475.865.9203 | Fax: 416.575-3132 kdanielson@sfoar.ora { www.stbar.orgiide The Justice & Diversity Center was formerly knawn as the Volunteer Legal Services Program (VLSP) From: Thomas O'Brien [mailto:tobrien@walstonlaw.com] Sent: Wednesday, July 17, 2013 4:38 PM To: Katie Danielson Subject: RE: Campbell v. Hathaway-CUD-11-639244 Also, would you like your name as the representing attorney on the order? Or the certified law student as supervised by you? Mr. Thomas O'Brien, Esq. Walston Cross, P.C. 735 Montgomery St., Ste. 250 San Francisco, CA 94111 Telephone: 415-956-9200 Facsimile: 415-956-9205 From: Katie Danielson [mailto:kdanielson@sfbar.org] Sent: Wednesday, July 17, 2013 4:31 PM To: ‘Thomas O'Brien’ Subject: RE: Campbell v. Hathaway CUD-11-639244 Can you please re-send me the order? | apologize, | can’t seem to find it. Thanks, Katie Danielson, Senior Supervising Attorney Justice & Diversity Center | Homeless Advocacy Project The Bar Association of San Francisco 1360 Mission Street, Suite 201 | San Francisco, CA 94103 Direct line: 415.885.9203 | Fax: 415.575-3132 kdanielson@sfbar.org | www.sfbar.org/ide The Justice & Diversity Center was formerly known as the Volunteer Legal Services Program (VLSP) From: Thomas O'Brien [mailto:tobrien@walstonlaw.com] Sent: Wednesday, July 17, 2013 12:14 PM To: Katie Danielson Subject: RE: Campbell v. Hathaway CUD-11-639244 Ms. Danielson, It has been 5 days since you were served with the proposed order. Do you have any comments before it is filed with the Court? If not, please return to me via e-mail or fax today so that it can be filed. Sincerely, Mr. Thomas O'Brien, Esq. Walston Cross, P.C. 735 Montgomery St., Ste. 250 San Francisco, CA 94111Telephone: 415-956-9200 Facsimile: 415-956-9205 From: Katie Danielson [mailto:kdanielson@sfbar.or Sent: Wednesday, July 10, 2013 5:20 PM To: ‘Thomas O'Brien’ Ce: ‘Orestes A, Cross’ Subject: RE: Campbell v. Hathaway CUD-11-639244 Thank you for writing. This is what the clerk told us when we called. We will be appearing on Friday at 9:30. | will confirm after the tentative is issued tomorrow. Best, Katie Danieison, Senior Supervising Attorney Justice & Diversity Center | Homeless Advocacy Project ‘The Gar Association of San Francisco 1360 Mission Street, Suite 201 | San Francisco, CA 94103 Direct line: 415.865.9203 j Fax: 418.975-3132 kdanielson@sfbar.org | www.sfbar.orgjde The Justice & Diversity Center was formerly known as the Volunteer Legal Services Program (VLSP) From: Thomas O'Brien mailto:tobrien@walstoniaw.com] Sent: Wednesday, July 10, 2013 4:22 PM To: Katie Danielson Ce: ‘Orestes A. Cross’ Subject: Campbell v. Hathaway CUD-11-639244 Ms. Danielson, This e-mail is to confirm our conversation today, July 11, 2013, in person at your office, that the Court has moved the hearing on Defendant’s motion for summary judgment from your noticed date of July 11, 2013 to July 12, 2013. If this does not comport with your understanding, please contact me immediately. Sincerely, Mr. Thomas O'Brien, Esq. Walston Cross, P.C. 735 Montgomery St., Ste. 250 San Francisco, CA 94111 Telephone: 415-956-9200 Facsimile: 415-956-9205 From: Jason Bryan [mailto:Jbryan@waistonlaw.com] Sent: Wednesday, July 10, 2013 3:47 PM To: kdanielson@sfbar.org Cc: ‘Thomas O'Brien’ Subject: Campbell v. hathaway CUD-11-639244 Please see the attached. Jason Bryan Walston Cross Attorneys 735 Montgomery St., Ste. 250 San Francisco, CA 94114Telephone: (415) 956-9200 Facsimile: (415) 956-9205 www.walstoncross.com CONFIDENTIALITY NOTICE: This e-mail is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this e-mail message is not the intended recipient. or ihe employee or agent responsible for delivery of the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is prohibited. If you have received this e-mail in error. please notify us immediately by telephone at (415) 956-9200 Thank you.