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JAMES M. DOMBROSKI (SBN 56898)
Ix)
LAW OFFICE OF JAMES M. DOMBROSKI
Post Office Box 751027
U3 Petaluma, CA. 94975
Tel. (707) 762—7807
U:
Fax. (707) 769-0419 F I L
SAN MATEO comm!
E D
THOMAS I.SABERI, ESQ. (SBN 536294)
(E
LAW OFFICE OF WILLIAM H. PAYNTER
1045 Airport Blvd, Suite 12
So. San Francisco, CA 94080
Telephone: (650) 588-2428
OWN
Facsimile: (650) 873—7046
Attorneys for Plaintiff ANDY SABERI.
SUPERIOR COURT OF THE STATE OF CALIFORNIA Order
lllIll)llllllllllllllllllllll
01
ry
IN AND FOR THE COUNTY OF SAN MATEO
f
Ent
of
Gil/536294
104024
Notice
NOEO
ANDY SABERI, an individual, CASE NO. CIV—536294 ' _II
Plaintiff, NOTICE OF ENTRY OF ORDER
vs. DENYING DEFENDANT BJ
INTERSTATE
VVVVVVVVW
AUTO
LES STANFORD CHEVROLET CADILLAC, TRANSPORTERS, IN C.’S MOTION
INC., a Michigan corporation, BJ INTERSTATE FOR JUDGMENT ON THE
AUTO TRANSPORTERS, INC., 21 Nevada PLEADINGS; PROOF OF SERVICE
corporation, BOGDAN DEDYK, doing business
as SAFE AUTO TRANSPORT, an individual,
vvv
and DOES I through 25, inclusive, Assigned to Hon. Richard H. Du Bois,
Department 16
Defendants.
Vvvv
BY FAX
TO THE CLERK OF SAN MATEO COUNTY SUPERIOR COURT:
NOTICE IS HEREBY GIVEN that the H0 6
'
Richard H. Dubois rendered the Order
attached hereto as Exhibit A.
DATED: November 7, 2017.
JA s M. DOMBROSKI
At rney for Plaintiff Andy Saberi
1
NOTICE OF ENTRY OF ORDER DENYING DEFENANT BJ INTERSTATE AUTO
TRANSPORTERS, INC.’S MOTION FOR JUDGMENT ON THE PLEADINGS
Case Number: CIV536294
/;§%%§“}% SUPERIOR COURT OF SAN MATEO COUNTY
° ’ '
1050 Mission Road
400 County Center
'
Redwood City, CA 94063 South San Francisco, CA 94080
www.sanmateocourt.org
Minute Order
ANDY SABERl VS LES STANFORD, ETAL ClV536294
'
'
10/20/2017 9:00 AM >
Motion for Judgment
Judicial Officer: DuBoisI Richard H Location: Courtroom 7A
Courtroom Clerk: Andrea Daley Courtroom Reporter: Diana Masetti
Parties Present
Exhibits
Minutes
Journals
- No appearance by any parties herein or their counsel-of record.
Tentative ruling adopted and becomes order:
AUTO TRANSPORTERS, lNC.'S MOTION FORlUDGMENT ON THE PLEADINGS
Defendant BJ lNTERSTATE AUTO TRANSPORTERS, lNC.'s Motion forJudgment on the Pleadings is DENIED
pursuant to Code Civ. Proc. 438.
A motion forjudgment on the pleadings performs the same function as a general demurrer. Cloud v.
Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999. Thus, when considering a motion for
judgment on the pleadings, all facts alleged in the complaint are deemed admitted. Lance Camper
Manufacturing Corp. v. Republic indemnity Co. (1996) 44 Cal.App.4th 194, 198.
-
Defendant does not present the Court with judicially noticeable matters to contradict the allegations of
Plaintiff's First Amended Complaint. The Request forludicial Notice is DENIED as to Exhibits 1, 5, and 6.
Judicial notice is GRANTED as to Exhibit 4 in its entirety; as well as to Exhibits 2 and 3, but only to the
extent that these documents were filed with the Court, and not as to the truth of any matters stated
therein. Evid. Code 451, 452.
If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule
3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule
3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.
Case Events
Others
Comments:
'
Future Hearings and Vacated Hearings . .
fir
;
Exiiipjt A
PROOF OF SERVICE
k)
STATE OF CALIFORNIA, COUNTY OF SONOMA
D.) I am employed in the County of Sonoma, State of California. I am over the age of 18 and
not a party to the within action. My business address is PO. Box 751027, Petaluma, CA 94975.
On November 7, 2017, I served the foregoing document described as NOTICE OF ENTRY
OF ORDER DENYING DEFENDANT BJ INTERSTATE AUTO TRANSPORTERS, INC’S
U:
MOTION FOR JUDGMENT ON THE PLEADINGS; PROOF OF SERVICE, as follows:
David Robert Sidran James Attridge
Thomas Crowell 270 Divisadero Street, Suite 3
'
Toschi, Sidran, Collins & Doyle San Francisco, California 94117
-
5145 Johnson Drive .
Pleasanton, California 94588 Attorney for Defendant
Attorney for Defendant BJ Interstate Auto Transporter’s Inc.
Les Stanford Chevrolet Cadillac, Inc.
Michael LeVangie
LeVangie Law Group
2021 N. Street
Sacramento, California 95841
Attorney for Bogdan Dedyk dba Safe Auto
Transport
W U.S. MAIL —
Ideposited such envelope in the mail at Petal‘uma, California.
was mailed with postage thereon fully prepaid as follows:
The envelope
I am readily familiar with firm’s practice
of collection and processing correspondence for mailing. Under the practice it would be deposited
with US. postal service on the same day with postage thereon fully prepaid at Petaluma, California,
in the ordinary cause of business.
[ ] BY FACSIMILE - To the facsimile number of the firm listed above.
[ ] OVERNIGHT DELIVERY -I deposited such envelope in the drop box at Petaluma,
California. I am readily familiar with firm’s practice of collection and processing correspondence
for Federal Express. Under the practice, it would be deposited in the Overnite Express drop~box for
pickup on the same day at Petaluma, California, in the ordinary Course of business.
BY PERSONAL SERVICE - I caused such an envelope to be hand delivered to the office
[ ]
of the addressee.
[ ] BY EMAIL - I caused a copy to be emailed to the firm listed above.
I declare under penalty of perjury under the laws of the State of California that the above is
true and correct. I declare that I am employed in the office a member of the bar of this court at
whose direction the service was made..
Executed on November 7, 2017, at Petaluma, Cal
JAMES M. DOMBROSKI
PRINT NAME
‘
f rni .
/—\"
SIGNATURE
.
2
NOTICE OF ENTRY OF ORDER DENYING DEFENANT BJ INTERSTATE AUTO
TRANSPORTERS, INC.’S MOTION FOR JUDGMENT ON THE PLEAIHNGS
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JAMES M. DOMBROSKI (SBN 56898) Ix) LAW OFFICE OF JAMES M. DOMBROSKI Post Office Box 751027 U3 Petaluma, CA. 94975 Tel. (707) 762—7807 U: Fax. (707) 769-0419 F I L SAN MATEO comm! E D THOMAS I.SABERI, ESQ. (SBN 536294) (E LAW OFFICE OF WILLIAM H. PAYNTER 1045 Airport Blvd, Suite 12 So. San Francisco, CA 94080 Telephone: (650) 588-2428 OWN Facsimile: (650) 873—7046 Attorneys for Plaintiff ANDY SABERI. SUPERIOR COURT OF THE STATE OF CALIFORNIA Order lllIll)llllllllllllllllllllll 01 ry IN AND FOR THE COUNTY OF SAN MATEO f Ent of Gil/536294 104024 Notice NOEO ANDY SABERI, an individual, CASE NO. CIV—536294 ' _II Plaintiff, NOTICE OF ENTRY OF ORDER vs. DENYING DEFENDANT BJ INTERSTATE VVVVVVVVW AUTO LES STANFORD CHEVROLET CADILLAC, TRANSPORTERS, IN C.’S MOTION INC., a Michigan corporation, BJ INTERSTATE FOR JUDGMENT ON THE AUTO TRANSPORTERS, INC., 21 Nevada PLEADINGS; PROOF OF SERVICE corporation, BOGDAN DEDYK, doing business as SAFE AUTO TRANSPORT, an individual, vvv and DOES I through 25, inclusive, Assigned to Hon. Richard H. Du Bois, Department 16 Defendants. Vvvv BY FAX TO THE CLERK OF SAN MATEO COUNTY SUPERIOR COURT: NOTICE IS HEREBY GIVEN that the H0 6 ' Richard H. Dubois rendered the Order attached hereto as Exhibit A. DATED: November 7, 2017. JA s M. DOMBROSKI At rney for Plaintiff Andy Saberi 1 NOTICE OF ENTRY OF ORDER DENYING DEFENANT BJ INTERSTATE AUTO TRANSPORTERS, INC.’S MOTION FOR JUDGMENT ON THE PLEADINGS Case Number: CIV536294 /;§%%§“}% SUPERIOR COURT OF SAN MATEO COUNTY ° ’ ' 1050 Mission Road 400 County Center ' Redwood City, CA 94063 South San Francisco, CA 94080 www.sanmateocourt.org Minute Order ANDY SABERl VS LES STANFORD, ETAL ClV536294 ' ' 10/20/2017 9:00 AM > Motion for Judgment Judicial Officer: DuBoisI Richard H Location: Courtroom 7A Courtroom Clerk: Andrea Daley Courtroom Reporter: Diana Masetti Parties Present Exhibits Minutes Journals - No appearance by any parties herein or their counsel-of record. Tentative ruling adopted and becomes order: AUTO TRANSPORTERS, lNC.'S MOTION FORlUDGMENT ON THE PLEADINGS Defendant BJ lNTERSTATE AUTO TRANSPORTERS, lNC.'s Motion forJudgment on the Pleadings is DENIED pursuant to Code Civ. Proc. 438. A motion forjudgment on the pleadings performs the same function as a general demurrer. Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999. Thus, when considering a motion for judgment on the pleadings, all facts alleged in the complaint are deemed admitted. Lance Camper Manufacturing Corp. v. Republic indemnity Co. (1996) 44 Cal.App.4th 194, 198. - Defendant does not present the Court with judicially noticeable matters to contradict the allegations of Plaintiff's First Amended Complaint. The Request forludicial Notice is DENIED as to Exhibits 1, 5, and 6. Judicial notice is GRANTED as to Exhibit 4 in its entirety; as well as to Exhibits 2 and 3, but only to the extent that these documents were filed with the Court, and not as to the truth of any matters stated therein. Evid. Code 451, 452. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties. Case Events Others Comments: ' Future Hearings and Vacated Hearings . . fir ; Exiiipjt A PROOF OF SERVICE k) STATE OF CALIFORNIA, COUNTY OF SONOMA D.) I am employed in the County of Sonoma, State of California. I am over the age of 18 and not a party to the within action. My business address is PO. Box 751027, Petaluma, CA 94975. On November 7, 2017, I served the foregoing document described as NOTICE OF ENTRY OF ORDER DENYING DEFENDANT BJ INTERSTATE AUTO TRANSPORTERS, INC’S U: MOTION FOR JUDGMENT ON THE PLEADINGS; PROOF OF SERVICE, as follows: David Robert Sidran James Attridge Thomas Crowell 270 Divisadero Street, Suite 3 ' Toschi, Sidran, Collins & Doyle San Francisco, California 94117 - 5145 Johnson Drive . Pleasanton, California 94588 Attorney for Defendant Attorney for Defendant BJ Interstate Auto Transporter’s Inc. Les Stanford Chevrolet Cadillac, Inc. Michael LeVangie LeVangie Law Group 2021 N. Street Sacramento, California 95841 Attorney for Bogdan Dedyk dba Safe Auto Transport W U.S. MAIL — Ideposited such envelope in the mail at Petal‘uma, California. was mailed with postage thereon fully prepaid as follows: The envelope I am readily familiar with firm’s practice of collection and processing correspondence for mailing. Under the practice it would be deposited with US. postal service on the same day with postage thereon fully prepaid at Petaluma, California, in the ordinary cause of business. [ ] BY FACSIMILE - To the facsimile number of the firm listed above. [ ] OVERNIGHT DELIVERY -I deposited such envelope in the drop box at Petaluma, California. I am readily familiar with firm’s practice of collection and processing correspondence for Federal Express. Under the practice, it would be deposited in the Overnite Express drop~box for pickup on the same day at Petaluma, California, in the ordinary Course of business. BY PERSONAL SERVICE - I caused such an envelope to be hand delivered to the office [ ] of the addressee. [ ] BY EMAIL - I caused a copy to be emailed to the firm listed above. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. I declare that I am employed in the office a member of the bar of this court at whose direction the service was made.. Executed on November 7, 2017, at Petaluma, Cal JAMES M. DOMBROSKI PRINT NAME ‘ f rni . /—\" SIGNATURE . 2 NOTICE OF ENTRY OF ORDER DENYING DEFENANT BJ INTERSTATE AUTO TRANSPORTERS, INC.’S MOTION FOR JUDGMENT ON THE PLEAIHNGS