Motion for Attorney Fees in ANDY SABERI VS LES STANFORD, ETAL| Trellis.Law

On November 18, 2015 a Clerk Notice was filed involving a dispute between Les Stanford Chevrolet Cadillac, Inc, Saberi, Andy, and Bj Interstate Autotransporters, Inc, Dedyk, Bogdan, Les Stanford Chevrolet Cadillac, Inc, for (06) Unlimited Breach of Contract/Warranty in the District Court of San Mateo County.

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JAMES M. DOMBROSKI (SBN S6898)
LAW OFFICE OF JAMES M. DOMBROSKI
[\J
Post Ofﬁce Box 751027"
Petaluina, CA. 94975
'
W Tel..(70‘7) 762-7807
Fax. (707) 769-0419
#-

UI
THOMAS I. SABERI, ESQ. (SBN 169652)
LAW OFFICE OF WILLIAM H.,PAYNTER
l045 Airport Blvd., Suite 12
So. San Francisco, CA 94080
Telephone: (650) 588-2428
00,040
Facsimile: (650) 87347046

Attorneys for Plaintiff ANDY SABERI.
FIR/m
SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND‘FOR THE COUNTY OF SAN MATEO

UNLIMITED JURISDICTION

ANDY SABERI, an individual, CASE ’NO. CIV 536294
3

Plaintiff, ) P'LAJNTIFF’S REPLY IN SUPPORT OF
laioﬂie vs. ~
.) MOTION FOR ORDER ASSIGNING
THIS CASE TO HONORABLE
; TH‘EI
LES STANFORD CHEVROLET CADILLAC, ) $31383 %(¥RJE¥TO$II‘RI3¢£§DFEES
INC, aMichigan corporation, BJ INTERSTATE; PURSUANT TO ccp § 473(c)(1);
AUTO TRANSPORTERS, INC-2., a Nevada SUPPLEMENTAL‘DECLARATION 0F
corporation, BOGDANDEDYK, doing JAMES M- DOMBROSKI; PROOF OF
business as SAFE AUTO TRANSPORT, an.
; SERVICE
)
individual, and DOES I through 25,. inclusive, C' I" .
D ATE'
«“vf
) December 7-, 2016 1
.

TIME:
o

9:00 m
.
PY
.
w’ I
‘1

Defendants. g DEPT: 11, Courtroom ZD
) Presiding Judge John “Jack” L.
Gra’ndsaert
3

I. THE MOTION FOR. ORDER ASSIGNING THIS CASE TO
THE HONORABLE GERALD J. BUCHWALD’IS UNOPPOSED.
DefendantLes Stanford Chevrolet Cadillac (“Les Stanford”) and Defendant BJ.
Interstate Auto Transporters, Inc. (“BJ Interstate”) have not ﬁled any opposition. Defendant

Bogdan Dedyk, dba Safe Auto TranSport (“Safe Auto”) stated in opposition toPlaintiff‘s motion

fCIV536294
1
IREPLY
'
Reply
Plaintiff's Reply in Support of Metion for Ordet Assigning This Case to the Honoral 273703

Motion for Attorney’s Fees Pursuant to CCP 473(c)(1); Supplemental Declaration"
\
llllllllllllllllllllllllllHIIll
.
judge” (Safe
l for attorney's fees that “Defendant does not oppose Plaintiff’s request to assign a

2 Auto Opp. at p.1:28).

3 Therefore, Plaintiff requests that this case be assigned to the Honorable Gerald J.

4 Buchwald. ‘

5 II. PLAINTI FF’S: MOTION FOR A’I‘T-ORNEY’S FEES PURSUANT
6 TO CCP~1§ 473(c)(1) SHOULD BE GRANTED FOR TWO REASONS.
7 First, Les Stanford and BJ Interstate'do. not oppose Plaintiﬂ‘s motion for attorney’s fees.

8 . Second, the only opposition to the motion foratto‘rncy’s fees was ﬁled by Safe Auto and

9 is predi‘cated'upon the false premise that Plaintiff failed to previously of costs and
"‘rai'Se the issue

10 fees.” This statement is wrong. Sale Auto fails to disclose that J udgeBuchwald’s order

11 (attached as Exhibit A to Plaintiff’s'rnotion for attorney’s fees) speciﬁcally stated: “Plaintiff

12 made an oral request for sanctions which was denied withoutprejudim.” In fact, Judge

13 Buchwald made it clear at the hearing on August ‘12, 2016, that the matter of attorney’s fees

14 pursuant to GOP §473(c)(1) could be raised again by Plaintiff See Supplemental Declaration of

.
15 James M. Dontbroski. .

16' Safe Auto’s attempt to ch’aracteriZe’Plaintift‘s rno‘tion for attorney’s fees as a “request for

17 Reconsideration” is absurd, especially since Judge Buchwald clearly‘ stated that this denial was

18 “without prej udice.”‘ Given this signiﬁcant omission by Safe Transport, Plaintiff respectfully

19 requests that Judge Buchwald be assigned to decide the issue of whether to grant Plaintiff’s
§'
20 motion for attorney’s fees and exercise the trial court’s discretion. pursuant to CCP 473(c)(1).

21 Indeed, Safe TranSport acknowledged that according to GOP ‘§ 473(c)(1), the Court has discretion

22 to award fees and costs (Safe Auto'Opp. at 2:14-16).

23 11]. CONCLUSION.
24 For the abOve reasons, Plaintiff requests. thatthis case be assigned to Judge Buchwald and

25 that either Plaintiff’s motion for attorney’s fees be granted or that Plaintiff’s motion for attomey‘s
'

26 fees also be assigned to Judge Buchwald.

’27 M

1 For this reason, Safe Auto’s request for sanctions should be denied.

2
Plaintiff’s Reply in Support of Motion for Order Assigning This Case to the Honorable Gerald J .tBuchwald and
Motion for Attorney’s Fees Pursuant to CCP 473(c)(1); Supplemental Declaration of James M. Dombroski
I DATED: November 2);? 2016.
.

JAME M. DOMBROSKI
4
.
Atto ey for Plaintiff Andy Saberi
5

6
SUPPLEMENTAL DECLARATION OF JAMES M. DOMBROSKI
7
I, James M. Dombroski, declare asfollows:
8
l. I am c‘o-counse‘l representing Plaintiff and submit this supplemental declarationin
9
-
support of this motion. The matters stated herein are. based upon personal knowledge and I am ‘

:10 competent to testify thereto.
11
2. At the hearing on July 26, 2016, before Judge Buchwald, I requested attomey’s
12
fees and costs pursuant to CCP §‘473(c)(.l) on behalf of Plaintiff. Judge Buchwaldstated entire
13
A hearing that the :motion is denied without prejudice and that the request could he renewed later.
14
I declare under penalty of. perjury under the laws of the State of California thatthe above
15

16
is true and correct. Executed on November ﬂ 2016,'in Petalurna, California.

DATED: November 315 201.6.
17 .

18
.
'i
'
19 JA 5 I. DOMBROSKI
'
A o y for Plaintiff Andy Saberi
20

2i
22

26
'27

3
Plaintit‘t’s Reply in Support of Motion for Order 'Assigningfl‘his‘ Case to the Honorable Gerald J. Buchwald and
Motion for Attorney’s Fees Pursuant to, GOP 473(c)(1); Supplemental Declaration ofJames M. Dombroski
1 PROOF OF SERVICE

2
STATE OF CALIFORNIA, COUNTY OF S‘ONOMA
3
i am employed 1n the County of Sonoma, State 01 California I_ am over the age of 18 and

4. not a party to the within action. My business address'is P. O.Box 751027, Pctaluma, CA 94975
On November-‘2, 2016, I served the foregoing document described as PLAINTIFF’S
5 REPLY IN SUPPORT OF MOTION FOR ORDER ASSIGNING THIS CASE TO THE
HONORABLE GERALD J BUCHWALD AND MOTION FOR ATTORNEY’S FEES
6 PURSUANT TO CCP § 473(c)(1); SUPPLEMENTAL DECLARATION OF JAMES M.
,
DOMBROSKI; PROOF OF SERVICE, as. follows:
7 .
'

David Robert Sidra'n James Attridg‘e"
8 Thomas Crowell -
2‘70 Divis‘adero Street, Suite 3‘
’Toschi, Sidran, Collins & Doyle San Francisco, California 94117
9
: 5145 Johnson Drive .

.109 Pleasanton, California 94588 .
'
Attorney for Defendant
ll Attorney for Defendant ~
B'J Interstate Au'to Transporter’s Inc.
Les Stanford Chevrolet Cadillac, Inc.
19

Michael LeVangie
13.
LcVangie Law Group
~14 2021 N Street
.
Sacramento, California 95841
15‘

,
'
Attorney for Bogdan Dedyk dba Safe Auto
~16 Transport
17 . [X] U. S. MAIL I deposited such envelope 1n the mail at Pctaluma, California. The ,

envelope was mailed with postage thereon fu.lly prepaid as follows: I am readily familiar With
13. ﬁrm’ 5 practice of collection and processing correspondence for mailing Under the practice it
would be deposited with U S. postal service on the same day with postage thereon ﬁilly prepaid
19 at Petaluma, California, 111 the ordinary cause of business.
[ ] BY FACSIMILE- To the facsimile number of the ﬁrm listed above.
20
[ ] OVERNIGHT DELIVERY- Idcposited such envelope 1n the drop box at Petaluma,
21
California. I am readily familiar with ﬁrm’ 3 practice of collection and processing
correspondence for Federal Express. Under the practice, it would .be deposited 1n the Overnite
22 EXpress drop—box fer pickup on the same day at Petaluma, California, in the ordinary course of
business.
’
23 [ ] BY PERSONAL SERVICE - I caused such an envelope to 1be hand delivered to the
off cc of the addreSsee.
24'
[ ] BY EMAIL.— I caused a copy to be emailed to the ﬁrm listed above.
1 declare under penalty of penury unde1 the laws of the State of California that the above
25
is true and correct. I declare that I am employed'1n the ofﬁce of a member of the bar of thls court
26
,
at whose direction the service lWas made.
Executed on November 13‘ 20.16, at Pctalum'fornia
27
JAMES M. DOMBRdSKI 1-~

.
28' '
V
PRINT NAME

4
U SIGNATURE

Plaintiff’s Reply 1n Support of Motion for Order Assigning l'his Case to the Honorable Gerald J Buchwald and
Motion for Attorney 3 Fees Pursuant to GOP 473(c)(1); Supplemental Declaration of James M. Dombroski
Katelyn Moore
From: Katelyn Moore
Sent: Thursday, January 26, 2017 12:09 PM
To: Michael J. LeVangie
Cc: Jeffery C. Long; Maureen E. Purk
Subject: Flood Insurance Quotes
Attachments: p and |flood rate sheetpdf

Mike,

Here are the premium quotes for flood insurance for both 2021 & 2023. l obtained quotes from two brokers which were
identical due to FEMA standards. Please let me know if you want to add coverage to our current policies.

The figures are the same for both buildings. $500k building coverage is the FEMA max. Attached is a rate sheet with all
available premiums.

Building Contents Premium
;$500,000lé $50,000,)”,
.
.
$2,078?
'

$500,000 $100,000 52,246

$500,000 $150,000 $2,406
l

Thanks,

Katelyn Moore
Office Manager
LEE/ANGIE LAW GROUP
2021 N Street
Sacramento, CA 95811
9164434849

www.llg—law.com

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Case Info

Judge

John L. Grandsaert Track Judge’s New Case

Case No.

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Document Filed Date

November 29, 2016

Case Filing Date

November 18, 2015

County

Parties

ATTRIDGE, JAMES Attorneys for Defendants
ATTRIDGE, JAMES Attorney for the Defendant
BJ INTERSTATE AUTOTRANSPORTERS, INC Cross Defendant
BJ INTERSTATE AUTOTRANSPORTERS, INC Defendant
DEDYK, BOGDAN Cross Defendant
DEDYK, BOGDAN Defendant
DOES 1 TO 25 Cross Defendant
DOMBROSKI, JAMES M. Attorney for the Plaintiff
LES STANFORD CHEVROLET CADILLAC, INC Cross Complainant
LES STANFORD CHEVROLET CADILLAC, INC Defendant
LEVANGIE, MICHAEL J Attorneys for Defendants
LEVANGIE, MICHAEL J Attorney for the Defendant
SABERI, ANDY Plaintiff
SIDRAN, DAVID ROBERT Attorney
SIDRAN, DAVID ROBERT Attorney for the Defendant
Thomas Crowell Attorney
Alexander Millington Attorneys for Defendants
Thomas Saberi Attorneys for Plaintiffs
Jason Yang Attorneys for Defendants
Kerri Rollins Attorneys for Defendants
Michael Lee Attorney
Shawn Loorz Attorneys for Plaintiffs
Thomas Mawn Attorney
Michael Langs Attorneys for Defendants
Dmitriy Shchebenko Attorney
Steven Soltman Attorney

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Clerk Notice: ANDY SABERI VS LES STANFORD, ETAL

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