On August 18, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Atherton Lane Advisers, Llc,
Lyell Wealth, Lp,
and
Bennitt, Matthew I.,
Berry, Jeffrey G.,
Connell, Kevin P.,
Does 1 Through 20,
Lyell Wealth, Llc,
Lyell Wealth, Lp,
Tuck, Nancy F.,
for (07) Unlimited Business Tort/Unfair Business Practice
in the District Court of San Mateo County.
Preview
SHARTSIS FRIESE LLP
RICHARD F. MUNZINGER (Bar #217902)
ROEY Z. RAHMIL (Bar #273803)
One Maritime Plaza, Eighteenth Floor
FILED
SAN MATEO COUNTY
San Francisco, CA 94111-3598
Telephone: (415) 421-6500 APR 1 12017
Facsimile: (415) 421—2922
Email: rmunzinger@sflaw.com
U1
Email: rrahmil@sflaw.com
Attorneys for Plaintiff and Cross-Defendants
ATHERTON LANE ADVISERS, LLC,
PERRY OLSON, GARY PATTERSON
\OOO\IO\
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
10 ATHERTON LANE ADVISERS, LLC, a case No. 16-CIV—00967
Delaware limited liability company,
11 NOTICE OF MOTION AND MOTION
Plaintiff, TO STAY
12 V.
Date:
J
LLP 94111-3598
May 22’ 2017
PLAZA
FLOOR
13 LYELL WEALTH, LLC, a Delaware limited Time: 9:00 a.m.
FRIESE
CA
liability company; LYELL WEALTH, LP, Judge: Law & Motion
14 Delaware limited partnership; MATTHEW I. Dept: Law & Motion
BENNITT, as an individual and as trustee of the
MARITIME
SIS EIGHTEENTI-I
15
FRANCISCO,
Bennitt Family Trust U/A Dated 2/17/2011;
ONE
SHART
JEFFREY G. BERRY, as an individual and as ,-
16 trustee of the Berry Family Trust U/A Dated ,
“COmplaint Filed: August 18, 2016
SAN
11/18/2003; KEVIN P. CONNELL, an individual; Cross-Complaint Filed: January 18, 2017
17 and NANCY F. TUCK, as an individual and as
trustee of the Nancy Falkenberg Trust under
18 Agreement Dated October 25, 2004, and DOES l-'
20, inclusive,
19
Defendants.
20
LYELL WEALTH, LP,
21
Cross-Plaintiff,
22
v.
23
THE BANK OF NEW YORK MELLON
24 CORPORATION, BNY MELLON, BNY
MELLON, N.A., BNY WEALTH
25 MANAGEMENT, ATHERTON LANE ’ 16—CIV—00967
ADVISERS, LLC, PERRY OLSON, GARY
26
27
PATTERSON, and DOES 1-25,
Third Party Defendants and Cross-Defendant.
.
l
1
MOTG
Motion
4 N\i.
l
11111111111111111111111“
28 _,
Case No. NOTICE OF MOTION AND MOTION TO STAY
16-CIV-00967
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on May 22, 2017, at 9:00 am. or as soon thereafter as may
be heard in the Law & Motion Department of the above Court located at 400 County Center,
-P-UJ
Redwood City, California, Plaintiff Atherton Lane Advisers, LLC will and hereby does move to
stay all proceedings in the above captioned matter pending resolution of Defendants’ appeal fiom
the Court’s Order denying their anti-SLAPP motion. This Motion is made pursuant to Code of
Civil Procedure section 187 on the basis that allowing litigation to proceed on the Cross-
\OOO\]O\
Complaint while the Complaint is stayed would undermine judicial efficiency, create the risk of
inconsistent findings, cause the parties to engage in piecemeal litigation, and would be inequitable
10 to Atherton Lane Advisers, LLC, the real Plaintiff here.
11 This motion is based on this Notice of Motion and Motion, the Memorandum of Points
12 and Authorities, and the Request For Judicial Notice, submitted concurrently herewith, as well as
LLP 94111-3596
PLAZA
FLOOR
13 the Court’s file in this action, the arguments of counsel, and such other and further matters as the
FRIESE
CA
14 Court may consider.
MARITIME
15 April Shartsis Friese LLP
EIGHTEENTH
Dated: 11, 2017
FRANCISCO,
SHARTSIS
ONE
16
SAN
17
18 By:
122%,“
RICHARD F. MUNZNGER
19 Attorneys for Plaintiff and Cross-Defendants
ATHERTON LANE ADVISERS, LLC,
2o PERRY OLSON, GARY PATTERSON
06749\007\7945834.v2
21
22
.23
24
25
26
27
28
-1-
Case No. NOTICE OF MOTION AND MOTION TO STAY
l6-CIV-00967
Preview
SHARTSIS FRIESE LLP RICHARD F. MUNZINGER (Bar #217902) ROEY Z. RAHMIL (Bar #273803) One Maritime Plaza, Eighteenth Floor FILED SAN MATEO COUNTY San Francisco, CA 94111-3598 Telephone: (415) 421-6500 APR 1 12017 Facsimile: (415) 421—2922 Email: rmunzinger@sflaw.com U1 Email: rrahmil@sflaw.com Attorneys for Plaintiff and Cross-Defendants ATHERTON LANE ADVISERS, LLC, PERRY OLSON, GARY PATTERSON \OOO\IO\ SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 ATHERTON LANE ADVISERS, LLC, a case No. 16-CIV—00967 Delaware limited liability company, 11 NOTICE OF MOTION AND MOTION Plaintiff, TO STAY 12 V. Date: J LLP 94111-3598 May 22’ 2017 PLAZA FLOOR 13 LYELL WEALTH, LLC, a Delaware limited Time: 9:00 a.m. FRIESE CA liability company; LYELL WEALTH, LP, Judge: Law & Motion 14 Delaware limited partnership; MATTHEW I. Dept: Law & Motion BENNITT, as an individual and as trustee of the MARITIME SIS EIGHTEENTI-I 15 FRANCISCO, Bennitt Family Trust U/A Dated 2/17/2011; ONE SHART JEFFREY G. BERRY, as an individual and as ,- 16 trustee of the Berry Family Trust U/A Dated , “COmplaint Filed: August 18, 2016 SAN 11/18/2003; KEVIN P. CONNELL, an individual; Cross-Complaint Filed: January 18, 2017 17 and NANCY F. TUCK, as an individual and as trustee of the Nancy Falkenberg Trust under 18 Agreement Dated October 25, 2004, and DOES l-' 20, inclusive, 19 Defendants. 20 LYELL WEALTH, LP, 21 Cross-Plaintiff, 22 v. 23 THE BANK OF NEW YORK MELLON 24 CORPORATION, BNY MELLON, BNY MELLON, N.A., BNY WEALTH 25 MANAGEMENT, ATHERTON LANE ’ 16—CIV—00967 ADVISERS, LLC, PERRY OLSON, GARY 26 27 PATTERSON, and DOES 1-25, Third Party Defendants and Cross-Defendant. . l 1 MOTG Motion 4 N\i. l 11111111111111111111111“ 28 _, Case No. NOTICE OF MOTION AND MOTION TO STAY 16-CIV-00967 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on May 22, 2017, at 9:00 am. or as soon thereafter as may be heard in the Law & Motion Department of the above Court located at 400 County Center, -P-UJ Redwood City, California, Plaintiff Atherton Lane Advisers, LLC will and hereby does move to stay all proceedings in the above captioned matter pending resolution of Defendants’ appeal fiom the Court’s Order denying their anti-SLAPP motion. This Motion is made pursuant to Code of Civil Procedure section 187 on the basis that allowing litigation to proceed on the Cross- \OOO\]O\ Complaint while the Complaint is stayed would undermine judicial efficiency, create the risk of inconsistent findings, cause the parties to engage in piecemeal litigation, and would be inequitable 10 to Atherton Lane Advisers, LLC, the real Plaintiff here. 11 This motion is based on this Notice of Motion and Motion, the Memorandum of Points 12 and Authorities, and the Request For Judicial Notice, submitted concurrently herewith, as well as LLP 94111-3596 PLAZA FLOOR 13 the Court’s file in this action, the arguments of counsel, and such other and further matters as the FRIESE CA 14 Court may consider. MARITIME 15 April Shartsis Friese LLP EIGHTEENTH Dated: 11, 2017 FRANCISCO, SHARTSIS ONE 16 SAN 17 18 By: 122%,“ RICHARD F. MUNZNGER 19 Attorneys for Plaintiff and Cross-Defendants ATHERTON LANE ADVISERS, LLC, 2o PERRY OLSON, GARY PATTERSON 06749\007\7945834.v2 21 22 .23 24 25 26 27 28 -1- Case No. NOTICE OF MOTION AND MOTION TO STAY l6-CIV-00967