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Ma
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Nov-10-2008 3:31 pm
Case Number: CGC-08-479247
Filing Date: Nov-07-2008 3:45
Juke Box: 001 Image: 02311724
AMENDED NOTICE OF APPEAL FILED BY DEFENDANT
WAYNE DERMAN VS. M.KARKORI CONSTRUCTION, INC., A PURPORATED et al
001002311724
Instructions:
Please place this sheet on top of the document to be scanned.sos ~ NO
ED
GEORGE WILLIAM WOLFF (81126) San Francisco County Superior Court
The Law Office of George W. Wolff NOV 0
655 Montgomery Street, suite 1050 7 2008
P.O. Box 26749 GORDO! Clerk
San Francisco, CA 94126-0749 ox gO
Telephone(415) 788-1881 ‘Deputy Clerk
Telecopier: (415)788-0880
Attorneys for Defendants/Petitioners/A ppellants Mostafa Karkori and M. Karkori Construction, Inc.
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
Wayne Derman, an individual NO. CGC-08-479247
Plaintiff, AMENDED NOTICES OF APPEAL OF
ORDERS Re 51 Surrey Street Disputes
vs
Date: October 22, 2008
M. Karkori Construction Inc, a California Time: 9:30 a.m.
Corporation; Mostafa Karkori, an individual, et al. Dept: 301
Judge: Hon. Peter J. Busch
Defendants.
And related Cross-Action
PLEASE TAKE NOTICE that Defendants/Petitioners/Cross-Complainants/Appellants
M. Karkori Construction Inc. and Mostafa Kakori hereby appeal from the orders of the San Francisco
Superior Court, Department 301, entered in this matter on or about October 22, 2008 denying in
whole or in part Defendants/Petitioners/Cross-Complainants/Appellants’ Petition for an Order
compelling arbitration of all disputes between the parties and in this action pursuant to the arbitration
provisions of such contract including but not limited to the denial in whole or in part of Appellants’
request for an order submitting to the arbitrator for arbitration of all issues regarding the his or her
jurisdiction and the scope of the arbitration agreement and the arbitrability of all the issues in this
Page 1 of 2 Amended Notices of Appealcase, including but not limited to the validity of and amount of Appellants’ mechanics lien, and the
denial of Appellants’ request to compel arbitration of all issues regarding the validity of and amount
of Appellants’ mechanics lien, and also the denial in whole or in part of their application for an
Order staying all proceedings in this action pending the award of the arbitrators, and
Defendants/Petitioners/Cross-Complainants/Appellants M. Karkori Construction Inc. and
Mostafa Kakori hereby also appeal from the final order or judgment of the San Francisco Superior
Court entered in this matter on or about October 22, 2008 granting Plaintiff's Derman’s Motion to
Remove Mechanics Lien on the real property at 51 Surrey Street San Francisco CA, the court’s
rulings on Appellants’ objections to evidence, and the Court’s refusal to order arbitration of all such
mechanics lien and related issues per state and federal law and the contract between the parties per
the Petition of Defendants/Petitioners/Cross-Complainants/Appellants, including but not limited the
validity of and amount of Appellants’ mechanics lien.
Respectfully submitted,
November 6, 2008 7 Z A
: eorge W. Wolff, attorney for
Defendants/Petitioners/Cross-Complainaryppellants
Page 2 of 2 Notices of Appealom ND WW F WY NY
BPM NY NR YR NN DH Se ee Bee
oN A mW FB BN fF Be we IN DH FF Bw YH -
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO:
Check method of service (only one):
___ By Personal Service _X___ By Mail By Overnight Delivery
By Messenger Service By Facsimile By E-Mail/Electronic
Transmission
1. At the time of service Iam over 18 years of age and not a party to this action.
2. My address is (specify one):
__X__ Business:
655 Montgomery Street, suite 1050; P.O.Box 26749, San Francisco, CA 94126-6749
Residence:
3. On November 7, 2008, I served the following documents (specify):
. AMENDED NOTICE OF APPEAL OF ORDERS Re 51 Surrey Street Disputes
4, 1 served the documents on the persons below, as follows:
JEFFREY SKYES
FARELLA BRAUN & MARTEL LLP
235 MONTGOMERY STREET, SUITE 17™ FLOOR.
SAN FRANCISCO, CA 94104
Craig Jones
A Professional Law Corporation
2033 North Main Street, Suit 800
P.O.Box 8035
Walnut Creek, CA 94596
d. Time of service, if personal service was used:
5. The documents were served by the following means (specify):
a.___ By personal service. I personally delivered the documents to the persons at the addresses
isted in item 4.
(1) For a party represented by an attorney, delivery was made to the attorney or at the
attomey's office by leaving the documents in an envelope or package clearly labeled to
identify the attorney being served with a receptionist or an individual in charge of the office.
(2) For a party, delivery was made to the party or by leaving the documents at the party's
residence with some person not less than 18 years of age between the hours of eight in the
morning and six in the evening.
Page 1 of 2
The names, addresses, and other applicable information about the persons served is
on the Attachment to Proof of Service-Civil (Persons Served) (form POS-040(P)).yo ew IN DH BF BW NY Ye
Nn NY NN YN NY ND Be ee ee ee ee OR
ora KD HM FB NH |= Se we AAA BBP TBS
b._X__ By United States mail. I enclosed the documents ina sealed envelope or package addressed
to the persons at the addresses in item 4 and (specify one):
(1)_X__ deposited the sealed envelope with the United States Postal, Service, with the
postage fully prepaid.
(2) ____ placed the envelope. for collection and mailing, following our ordinary business
practices. I am readily familiar with this business's practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection
and mailing, it is deposited in the ordinary course of business with the United States Postal
Service, in a sealed envelope with postage fully prepaid.
Tam a resident or employed in the county where the mailing occurred. The envelope or
package was placed in the mail at (city and state):
(3) ___ enclosed in a sealed envelope or package, registration or certification and return
receipt requested, addressed to the party[ies] as stated on the attached service list. I am
readily familiar with the firm’s business practice for collection and processing of envelopes
and packages for mailing with the United States Postal Service. Under the firm’s practice,
registered and certified first class mail with return receipt requested is deposited in the
ordinary course of business of the United States Postal Service at San Francisco, California,
that same day, with all postage and fees thereon fully prepaid. | am aware that upon motion
of the party served, service is presumed invalid if postal cancellation date or postage meter
date on the envelope or package is more than one day after the date of deposit for mailing.
Jam a resident or employed in the county where the mailing occurred. The envelope or
package was placed in the mail at (city and state):
c.__ By overnight delivery, I enclosed the documents in an envelope or package provided by an
overnight delivery carrier and addressed to the persons at the addresses in item 4. placed the
envelope or package for collection and overnight delivery at an office or aregularly utilized drop box
of the overnight delivery carrier.
d.____ By messenger service, I served the documents by placing them in an envelope or package
addressed to the persons at the addresses listed in item 4 and providing them to a professional
messenger service for service. (A declaration by the messenger must accompany this Proof of
Service or be contained in the Declaration of Messenger below.)
e. ___ By fax transmission. Based on an agreement of the parties to accept service by fax
transmission, I faxed the documents to the persons at the fax numbers listed in item 4. No error was
teported by the fax machine that I used. A copy of the record of the fax transmission, which I printed
out, is attached.
f£___ By e-mail or electronic transmission. Based on a court order or an agreement of the parties
to accept service by e-mail or electronic transmission, I caused the documents to be sent to the
persons at the e-mail addresses listed in item 4. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was unsuccessful.
i declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct.
Executed on November 7, 2008 BY: C) lO oun, AA Op
Jennifer¥a
Page 2 of 2
Preview
Ma SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Nov-10-2008 3:31 pm Case Number: CGC-08-479247 Filing Date: Nov-07-2008 3:45 Juke Box: 001 Image: 02311724 AMENDED NOTICE OF APPEAL FILED BY DEFENDANT WAYNE DERMAN VS. M.KARKORI CONSTRUCTION, INC., A PURPORATED et al 001002311724 Instructions: Please place this sheet on top of the document to be scanned.sos ~ NO ED GEORGE WILLIAM WOLFF (81126) San Francisco County Superior Court The Law Office of George W. Wolff NOV 0 655 Montgomery Street, suite 1050 7 2008 P.O. Box 26749 GORDO! Clerk San Francisco, CA 94126-0749 ox gO Telephone(415) 788-1881 ‘Deputy Clerk Telecopier: (415)788-0880 Attorneys for Defendants/Petitioners/A ppellants Mostafa Karkori and M. Karkori Construction, Inc. IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO Wayne Derman, an individual NO. CGC-08-479247 Plaintiff, AMENDED NOTICES OF APPEAL OF ORDERS Re 51 Surrey Street Disputes vs Date: October 22, 2008 M. Karkori Construction Inc, a California Time: 9:30 a.m. Corporation; Mostafa Karkori, an individual, et al. Dept: 301 Judge: Hon. Peter J. Busch Defendants. And related Cross-Action PLEASE TAKE NOTICE that Defendants/Petitioners/Cross-Complainants/Appellants M. Karkori Construction Inc. and Mostafa Kakori hereby appeal from the orders of the San Francisco Superior Court, Department 301, entered in this matter on or about October 22, 2008 denying in whole or in part Defendants/Petitioners/Cross-Complainants/Appellants’ Petition for an Order compelling arbitration of all disputes between the parties and in this action pursuant to the arbitration provisions of such contract including but not limited to the denial in whole or in part of Appellants’ request for an order submitting to the arbitrator for arbitration of all issues regarding the his or her jurisdiction and the scope of the arbitration agreement and the arbitrability of all the issues in this Page 1 of 2 Amended Notices of Appealcase, including but not limited to the validity of and amount of Appellants’ mechanics lien, and the denial of Appellants’ request to compel arbitration of all issues regarding the validity of and amount of Appellants’ mechanics lien, and also the denial in whole or in part of their application for an Order staying all proceedings in this action pending the award of the arbitrators, and Defendants/Petitioners/Cross-Complainants/Appellants M. Karkori Construction Inc. and Mostafa Kakori hereby also appeal from the final order or judgment of the San Francisco Superior Court entered in this matter on or about October 22, 2008 granting Plaintiff's Derman’s Motion to Remove Mechanics Lien on the real property at 51 Surrey Street San Francisco CA, the court’s rulings on Appellants’ objections to evidence, and the Court’s refusal to order arbitration of all such mechanics lien and related issues per state and federal law and the contract between the parties per the Petition of Defendants/Petitioners/Cross-Complainants/Appellants, including but not limited the validity of and amount of Appellants’ mechanics lien. Respectfully submitted, November 6, 2008 7 Z A : eorge W. Wolff, attorney for Defendants/Petitioners/Cross-Complainaryppellants Page 2 of 2 Notices of Appealom ND WW F WY NY BPM NY NR YR NN DH Se ee Bee oN A mW FB BN fF Be we IN DH FF Bw YH - PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO: Check method of service (only one): ___ By Personal Service _X___ By Mail By Overnight Delivery By Messenger Service By Facsimile By E-Mail/Electronic Transmission 1. At the time of service Iam over 18 years of age and not a party to this action. 2. My address is (specify one): __X__ Business: 655 Montgomery Street, suite 1050; P.O.Box 26749, San Francisco, CA 94126-6749 Residence: 3. On November 7, 2008, I served the following documents (specify): . AMENDED NOTICE OF APPEAL OF ORDERS Re 51 Surrey Street Disputes 4, 1 served the documents on the persons below, as follows: JEFFREY SKYES FARELLA BRAUN & MARTEL LLP 235 MONTGOMERY STREET, SUITE 17™ FLOOR. SAN FRANCISCO, CA 94104 Craig Jones A Professional Law Corporation 2033 North Main Street, Suit 800 P.O.Box 8035 Walnut Creek, CA 94596 d. Time of service, if personal service was used: 5. The documents were served by the following means (specify): a.___ By personal service. I personally delivered the documents to the persons at the addresses isted in item 4. (1) For a party represented by an attorney, delivery was made to the attorney or at the attomey's office by leaving the documents in an envelope or package clearly labeled to identify the attorney being served with a receptionist or an individual in charge of the office. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not less than 18 years of age between the hours of eight in the morning and six in the evening. Page 1 of 2 The names, addresses, and other applicable information about the persons served is on the Attachment to Proof of Service-Civil (Persons Served) (form POS-040(P)).yo ew IN DH BF BW NY Ye Nn NY NN YN NY ND Be ee ee ee ee OR ora KD HM FB NH |= Se we AAA BBP TBS b._X__ By United States mail. I enclosed the documents ina sealed envelope or package addressed to the persons at the addresses in item 4 and (specify one): (1)_X__ deposited the sealed envelope with the United States Postal, Service, with the postage fully prepaid. (2) ____ placed the envelope. for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. Tam a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at (city and state): (3) ___ enclosed in a sealed envelope or package, registration or certification and return receipt requested, addressed to the party[ies] as stated on the attached service list. I am readily familiar with the firm’s business practice for collection and processing of envelopes and packages for mailing with the United States Postal Service. Under the firm’s practice, registered and certified first class mail with return receipt requested is deposited in the ordinary course of business of the United States Postal Service at San Francisco, California, that same day, with all postage and fees thereon fully prepaid. | am aware that upon motion of the party served, service is presumed invalid if postal cancellation date or postage meter date on the envelope or package is more than one day after the date of deposit for mailing. Jam a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at (city and state): c.__ By overnight delivery, I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses in item 4. placed the envelope or package for collection and overnight delivery at an office or aregularly utilized drop box of the overnight delivery carrier. d.____ By messenger service, I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 4 and providing them to a professional messenger service for service. (A declaration by the messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.) e. ___ By fax transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed in item 4. No error was teported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. f£___ By e-mail or electronic transmission. Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed in item 4. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. i declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 7, 2008 BY: C) lO oun, AA Op Jennifer¥a Page 2 of 2