Stipulation,Agreement: IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al

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                                TODD P. EMANUEL, ESQ. (SBN 169301)
EMANUEL LAW GROUP

702 Marshall Street, Suite 400

Redwood City, CA 94063

Tel: (650) 369-8900

Fax: (650) 369-4228

Email: todd@TEinjurylaw.com

DAVID J. COOK, ESQ. (State Bar # 060859)
COOK COLLECTION ATTORNEYS

A PROFESSIONAL LAW CORPORATION
165 Fell Street, San Francisco, CA 94102-5106
P.O. Box 270, San Francisco, CA 94104-0270
Tel.: (415) 989-4730

Fax: (415) 989-0491

Email: Cook@SqueezeBloodFromTumip.com
File No. 57,039

Attorneys for Plaintiff
IDA CHRISTINA CRUZ FUA

ELECTRONICALLY

FILED

‘Superior Court of California,
County of San Francisco

02/18/2016

Clerk of the Court
BY:ANNA TORRES

Deputy Clerk

SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION

IDA CHRISTINA CRUZ FUA,
Plaintiff,
vs.

)
)
d
)
JOEL ENRIQUE ANDINO SANCHEZ, )
an individual; CAROLINE MILLER, an )
individual; TAXI EQUIPMENT )
LEASING LLC, a Limited Liability )
Company; SAN FRANCISCO )
INDEPENDENT TAXI ASSOCIATION, )
a Corporation, YELLOW CAB )
COOPERATIVE, INC., a Corporation; )
and DOES | through 50, Inclusive, }

)

)

)

)

Defendants.

AND RELATED CROSS-COMPLAINT.
)

CASE NO. CGC-11-515542

DECLARATION OF DAVID J. COOK, ESQ.
IN SUPPORT OF EX PARTE APPLICATION
FOR ISSUANCE OF ORDER ON
STIPULATION RE APPELLANT IDA FUA’S
NOTICE OF BANKRUPTCY OF
RESPONDENT YELLOW CAB
COOPERATIVE, INC. AND REQUEST FOR
EXPEDITED STAY OF SUPERIOR COURT
ACTIONS REGARDING DESIGNATION OF
THE RECORD; AND REQUEST FOR
JUDICIAL NOTICE

Date: February 18, 2016
Time: 11:00 a.m.
Dept.: 302 - Ex Parte

DECLARATION OF DAVID J. COOK, ESQ. IN SUPPORT OF EX PARTE APPLICATION FOR ISSUANCE OF
ORDER ON STIPULATION RE APPELLANT IDA FUA’S NOTICE OF BANKRUPTCY OF RESPONDENT
YELLOW CAB COOPERATIVE, INC. AND REQUEST FOR EXPEDITED STAY OF SUPERIOR COURT
ACTIONS REGARDING DESIGNATION OF THE RECORD; AND REQUEST FOR JUDICIAL NOTICECON DW BW nN =

srs

13

I, David J. Cook, hereby declare and state as follows:

1. Lam one of the attorneys of record for Plaintiff and Appellant Ida Cristina Cruz Fua, in
the above-entitled action, am duly authorized to practice before all courts in the State of
California, and am familiar with the facts and circumstances in this action.

2. Yellow Cab Cooperative, Inc. (“Yellow Cab”) has filed a petition for bankruptcy in the
United States Bankruptcy Court for the Northern District of California. (/n re Yellow Cab
Cooperative, Inc.; N.D. Cal.; Docket No. 16-30063 DM 11.) A true and correct copy of Yellow
Cab’s bankruptcy petition is submitted as Exhibit A to this declaration.

2. Fua’s Notice of Appeal from the Superior Court judgment was filed in the San
Francisco County Superior Court on January 14, 2016. Joel Enrique Andino Sanchez’s Notice of
Appeal was filed on January 22, 2016. Yellow Cab Cooperative, Inc.’s Notice of Appeal was
filed on January 21, 2016. Yellow Cab’s bankruptcy petition was filed in the United States
Bankruptcy Court on January 22, 2016. On January 25, 2016, Fua filed in the Superior Court a
“Notice of Stay of Proceeding.” A true and correct copy of that notice is submitted as Exhibit B to
this declaration.

3. Also, on January 28, 2016, Yellow Cab filed in the Superior Court a “Notice of Stay of
Proceeding.” A true and correct copy of that Yellow Cab notice is submitted as Exhibit C to this
declaration.

4. Fua also informs this Court that, on February 5, 2016, the Superior Court erroneously
issued a “Notice Re: Default” for Fua’s asserted failure to timely file a Notice Designating the
Record on Appeal. According to that notice, if Fua does not file a designation of the record by
February 20, the Superior Court may dismiss Fua’s appeal. A true and correct copy of that notice
is attached as Exhibit D to this declaration. But Fua is and has been legally precluded from doing
so by the bankruptcy stay. And as noted above, Fua filed in the Superior Court a “Notice of Stay
of Proceeding” on January 25, 2016, eleven (11) days before the Superior Court issued its default
notice. A true and correct copy of that January 25, 2016 notice is attached as Exhibit B to this

2

ss SSS
DECLARATION OF DAVID J. COOK, ESQ. IN SUPPORT OF EX PARTE APPLICATION FOR ISSUANCE OF
ORDER ON STIPULATION RE APPELLANT IDA FUA’S NOTICE OF BANKRUPTCY OF RESPONDENT
YELLOW CAB COOPERATIVE, INC. AND REQUEST FOR EXPEDITED STAY OF SUPERIOR COURT
ACTIONS REGARDING DESIGNATION OF THE RECORD; AND REQUEST FOR JUDICIAL NOTICEeC ON DH HH PB WN

QB BHR = S

16

declaration.

5. The parties hereby request that the Clerk of this Court (Appeals Desk) cease and desist
from any further action, including but not limited to, the dismissal of the appeals filed by the
parties herein, that the Clerk of the Court take no further action and file no further papers, and that
the pendency of the appeal stays all action, and preserve the pendency of the appeals and status
quo, pending a further order of the bankruptcy court.

6. All parties by and through their counsel stip elief herein and waive notice of

ied by CRC 3.1200 et seq.

the entry of this order and notice of appearance thereof, otherwise requ
I declare under penalty of pérjury under the laws of the State of Galifornia that the

foregoing is true and correct.

F:AUSERS\DJCNEW\yello

3

DECLARATION OF DAVID J. COOK, ESQ. IN SUPPORT OF EX PARTE APPLICATION FOR ISSUANCE OF
ORDER ON STIPULATION RE APPELLANT IDA FUA’S NOTICE OF BANKRUPTCY OF RESPONDENT
YELLOW CAB COOPERATIVE, INC. AND REQUEST FOR EXPEDITED STAY OF SUPERIOR COURT
ACTIONS REGARDING DESIGNATION OF THE RECORD; AND REQUEST FOR JUDICIAL NOTICEOnce meet

Cicheck if this is an
amended filing

Official Form 201
Voluntary Petition for Non-Individuals Filing for Bankruptcy

If more space fs needod, attach 8 separate shect to this form. On the top of any additional pages, write the debtor's name and tha caso
number {If known). For more information, a separate documont, fastructions for Bankruptcy Forms for Non-individuals, ts available.

1. Debtor's name Yellow Cab Cooperative, inc.
2 Allother names debtor used All Taxi Electronics

in the last 8 years

Include any assumed names,

trade names, and doing business

asnames

3. Debtor's federal Employer 94-2447102

Identification Number (EIN) £422 4524
4. Debtor's address Principal place of business Mailing address, if different from principal place
7 of business
1200___ Mississippi Street
‘Number ‘Street ‘Number ‘Street
P.O. Box

San Francisco CA 94107
-_ = aa eae cyl e

Location of principal assets, f different from

Principat piace of business
San Francisco County
‘County Number___‘Street
Cay ‘Sate GP Code

6 Debtor's website (URL) telloweabsf.com_

4 Type of debtor 1B] corporation goclusng Lined iby Company (LLC) and Lined ibilyParnerap (LP)
(1 Partnership (excluding LLP)
Cotter. specify:

Officia! Form 201 Voluntary Pettion for Non-tnividuats Filing for Bankruptcy

Case: 16-30063 Doc#1 Filed: 01/22/16 Entered: 01/22/16 12:53:13Dettor Yellow:Gab Cooperative, Inc. ‘Caso number ie nowt

7. Describe debtor's business

8, Under which fh chapter 0 of the
Bankruptcy Code Is the
debtor filing?

® “Were prior bankruptcy cases
filed by or against the debtor
within the last 8 years?

Mf more than 2 cases, attach 9
separate Bat.

10. Are any bankruptcy cases
pending or being filed by a
business partner or an
affillate of the debtor?

Ust ai cases. if more than 1,
attach a seperate ls,
Official For 201

Case: 16-30063 Doc#1 Filed: 01/22/16 Entered: 01/22/16 12:53:13

‘A. Check one:
[J Heatth Care Business (as defined in 11 U.S.C. § 101(27A))

1 Single Asset Real Estate (28 defined in 11 U.S.C. § 101(61B))

1 Ratroad (as defined in 11 U.S.C. § 101(44))

1 Stockbroker (as defined in 11 U.S.C. § 101(53A))

1 Commodity Broker (as defined in 11 USC. § 101(6))

C1 Creating Bank (as defined tn 11 U.S.C. § 781(3))

BR None of the above

camera rep NEE NRG SEARS SPEIER
B. Check al that epply:

C1) Tax-exempt entity (as described In 26 U.S.C. § 501)

7 tmesinent company. nuting hedge fund or pated nvestent veil (a dative in 15 USS.

Ci tavestment advisor (as defined In 16 U.S.C. § 80b-2(a}(11))

C. NAICS (North American Industry Classification System) 4-digil code that best describes debtor.
See.
4.8 5 3

Check one:
Cichepter 7

1 chapter 9

Ql chapter 11. Chock sit that apply:

C Debtors aggregate noncontingent tiquidated debts (exctuding debts owed to
Insiders or affiliates) are tess than $2,490,925 (amount subject to adjustment on
4/1116 and every 3 years after that).

C2 The debtor ts a smai business debtor as defined in 11 U.S.C. § 101(51D). Ifthe
debtor is a small business debtor, attach the most recent balance sheet, statement
of operations, cash-flow statement, and federal income tax return or if al of these
documents do not exist, follow the procedure in 11 U.S.C. § 1116(1)(6).

DA ptanis being fited with this petition.

7 czartances ofthe plon ware safc prpetton from one or mae asses o

creditors, in accordance with 11 U.S.C. § 1126(b).

D1 The centor is requires to fie periodic reports {for example, 10K and 100) with the
Securitles and ammission exording to § 13 or 15(4 othe Secures
Exchange Act of 1994. Fle the Atschment to Volta Petiton for Ner-incviduas Fling

for Bankruptcy under Chapter 11 (Official Form 201A) with this form.

1 The cebtor is a shed company as defined in the Securities Exchange Act of 1934 Rule
126-2.

Cl chapter 12

Br

Dives. oistiice Case number,

MM/OD/YYYY
Disuict ‘Case number.
ODF

Eno

Dives. vetter Relationship
(District When

‘Coso number, # known

Voluntary Petition for Nontndividuats Filing for BankruptcyDedtor Yellow Gab Cooperative, Inc. Case number (¢mowry

11. Why Is the case filed in this
district?

42, Does the debtor own or have
possession of any real

Check il that epply:

EX] Debtor has had its domicile, principat ptace of business, of principal assets in this district for 180 days
immedistely preceding the date of this pettion or for 8 longer part of such 180 days then in eny other
district.

Ca banruptey case conceming debtor’ afftiate, generat partner, or partnership is pending in hs dsiict,

no

property or personal (1 Yes. Answer below for each property that needs immediate altention, Attach addtional sheets f needed.
that needs immediate
attention?

Why doos the proporty need immodiate attentton? (Check ail thet apply.)

1 ttposes cris ateged to pose a threat of imminent and Identiftable hazard to pubfic heatth or safety,
‘What is the hazard?

LD iineeds to be physically secured or protected from the weather.

TZ Ninctudes perishable goods or assets thal could quickly detaricrate or lose vatue wihout
attention (for example, livestock, seasonal goods, meat, dalty, produce, or securities related
assets or other opttons).

Clother

Where Is the property?.

Cay

il
y
i

Is the property insured?
On

LD ves. insurance agency

Contact name

43. Debtor's estimation of Cheek ane:
avaltable funds {2 Funds willbe avaitable for distribution to unseoured creditors.
Co After any administrative expenses are paid, no (unds will be available for distribution to unsecured creditors.
. 0 ——S—*~*~*«~Sd‘S QO SDS*~*«Cd SS
“m Estimated number of 60-89 Gi 5.001-10,000 CJ 50,001-100,000
. 100-199 1 10,001-25,000 (C1 More than 500,000
‘200-989
(2) s0s50,000 © $1.000,001-$10 mation : 1 $500,000,001-$1 bition
——— [1 s50.001-s100,000 =] $10,000,001-$50 ition 1 s1,000,000.001-$10 bison
C7 s100,001-$500,000 ( $50,000,001-$100 mitton (1 s10,000,000,001-850 biavon
CD $500,001-$1 mition (2) $100,000,001-8500 mition CO More than $50 bation
Official Form 201 ‘Voluntary Petition for Non- Individuals Filing for Bankruptcy page 3
Case: 16-30063 Doc#1 Filed: 01/22/16 Entered: 01/22/16 12:53:13‘oem —- Yellow Cab {nc Case number (emma

$0-$50,000 2) $1.000,001-$10 mitton $800,000,001-51 bition
10, Estimated Habitties $50,901-5100,000 §] 510,000.001-50 mation '$1,000,000,001-810 baton
{2s100,001-s800,000 (Ey $50,000,001-5100 maton 1 s10.000,c00,001-880 eaven
Cy s500.001-81 enitton CO $100,000,001-8509 mation C1 more than $50 baton

Request for Rell, Declaration, and Signatures

WARNIKG— Bankrupley fraud is a serious edmme, Siakiny a false sistomeht i connection whi a bankruptcy case-czn resuttin fines up to
{$600,000 ar imprisonment for up ta.20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, end 3573,

17. Declaration and signature of ‘The debtor requests relief in actonfante with the chapter of litte 11, United States Code, specified in this
authortzad representative of
debtor peton.

‘Shave been suthortzed to fie this petition cn behall of the cebtor.

‘Uhava examined the taformation tn this pedilon and have a rvascnabie bellat thet the Information is true and
comet,

1 dectare under, of perjury that the furégolng ls tue and correct.
Exooried on i
eke.
hanel Ja Items toner
‘Signature of authorized representative ef Printed name

Tite President

18. Signaturs of 2ttomey

Official Form 20 Voluntary Patton for Nontndividuate Fiing for Bankruptcy poge4

Case: 16-30063 Doc#1 Filed: 01/22/16 Entered: 01/22/16 12:53:13 Page 4 of 4EXHIBIT “B”"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stole Bar agmber, acd actress):
DAVID J. COOK, ESQ. SBN 060859
COOK COLLECTION ATTORNEYS, PL
165 Fell Street, San Francisco, CA 94102-5106
P.O. Box 270
San Francisco, CA 94104-0270
Teernoneno: 415 989 4730 Faxwo. (onto: 415 989 0491

EMAL ADORED (pine: COOk@squeezebloodfromturnip.com
arronneyrongiem: Plaintiff File No. 57,039
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
smecrapores: COUNTY OF SAN FRANCISCO
wanmsacoress: 400 McAllister Street

cnyvaxozpcone: San Francisco, CA 94102

semcnmue Unlimited Civil Jurisdiction

PLAINTIFFIPETITIONER: IDA CARISTINA CRUZ FUA
DEFENDANTRESPONDENT: JOEL ENRIQUE ANDINO SANCHEZ, an.

NOTICE OF STAY OF PROCEEDINGS

EMANUEL LAW GROUP
RECEIVED

JAN 25 2016

eGC-11-515542

dunce: Garrett L. Wong
vert: 503

To the court and to alt parties:

4, Dectarant (name}: David 5. Cook. Esq., attorney tor Plaintiff Ida Christina Cruz Fua. ‘see 2b below.
a. £2 is (7 theparty [EX the attomey for the party eracuqmennimasuEmTimuRyDOROOROoIOR as set below.
b. (7) Is () the piaintit or petitioner (—] the attomey for the plaintiff or petitioner. The party who requested the stay
has not appeared In this case or is not subject to the jurisdiction of this court. c .
2. This case ls stayed as follows; David J. Cook, Esq. is one of the attorneys? fora Ne. Sfnackbo T
is the. plaintiff in the above matter. Ms. Fua has filed her ow
a. (] With regard to all parties.
Cab ‘dled it: .
EET wth regard to the folowing PRES? fone By tants and pr designation} ta te ee SPREE Tnces 8
~ Corporation, filed Chapter 11 on 01/22/2016 in the United States Bankruptcy Court, Northern District
of CA as Case No. 16-30063. All proceodings are stayed pending further order of the bankruptcy court
3. Ressonforthe stay; YELLOW CAB COOPERATIVE FILED CHAPTER 11. All proceedings against this
a. (] Automatic stay caused by a filing in another court. {Attach a copy of the Notice of Commencement of Case, the
bankruptey pasion, or other docurnent showing that the stay is in effect, and showing the court, case number,
debtor, snd petitioners.) party are stayed.
b. (2) Order ofa federal court or of a higher Califomia court. (Aifach a copy of the court order.)

c. (2) Contractual arbitration under Code of Civil Procedure section 1281.4. (Attach @ copy of the order directing

aT) Atbitrafion of attomey fees and costs under Business and Professions Code section 6201. (Attach a copy of the
cllatit's request for arbitration showing filing and service.)
e. (7) Other: 7

ay

I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is,

Date: 01/22/2016

(TYPE OR PRINT NAME OF DECLARANT)

Pane t oft

Feilemrcharcascees NOTICE OF STAY OF PROCEEDINGS sds Ca Rats Caen oD
‘Ci-180 fev...(D0 Check if this ts.an

Official Form 201 7
Voluntary Petition for Non-Individuals Filing for Bankruptcy 425

Ifmore spacots needed, sttach a separate sheot to this form. On.the top of any additional pages, write the debtor's name and tho caso
‘number {if known). For more Information, a separate document, instructions far Banksuptcy Forms for Non-individuals, ts avaltable,

4. Debtor's name ~ Yellow Cab Inc.

9. Debtor's federal Employer
Wontification Number (EIN) 24> 2.4.4 71.02

4 Debtor's address Principal place of buainess mali address, If different from principal place
1200___ Mississippi Street. :
Number Numbor ‘Steet
FO. Box
San Francisco CA 94107
Cy Cet oy ‘State DP Cade

Location of principal assots, H alfforont from

principal place éf business
- San Frencisco County
County Raxber Seat
wt ai Cae

5. Debtor's wobsite (URL) . _yellowcabsf.com
Type of debtor © comporatian (nctuding Limited Uabiity Company (LLC) and Limited Lisbllty Partnership (LLP))

D1 Partnership (exctuding LLP)

D otrer. speatty.
(Officlal Form 201 ‘Voluntary Petition for Non-individuals Filing for Bankruptcy page 1

Case: 16-30063 Doc#1 Filed: 01/22/16 Entered: 01/22/16 12:53:13Detter Yellow Cab Cooperative, Inc. Caso number primer,

LHeath Care Business {2s defined in 11 U.S.C. § 101(27A))
(C1 Single Asset Real Estate (as defined in 11 USC. § 101(518))
7 Rattoad (as defined in 11 U.S.C. § 101(44))
Stockbroker (as defined in $4 U.S.C. § 101(53A))

{C) commodity Broker (as defined in 11 U.S.C. § 101(6))

CD clearing Bank (as defined in 11 U.S.C. § 781(3))

Bi None oftne shove

B ‘Check ofthat appl:

C1 Tax-axompt ently (as described in 26 U.S.C. § 601)
Ty imeetnent company, lehxng hag hind or peed investment venice (9 defined Io 15 US.C,

C1 investment advisor (as cafined In 15 USC, § 80D-2(0}(11))

. NAICS (Nowth Amescan Industry Classifeaton System) 4-