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BRADLEY A. BENING — 104221
BRUCE D. MacLEOD - 130860
WILLOUGHBY, STUART, BENING & COOK, INC.
50 W. San Fernando St.,Suite 400
San California 951 13
Jose,
(408) 289-1972
SAN
FEEAEW
amTfi-‘fl fif‘EE‘z‘NW
Facsimile: (408) 295-6375
MAR 2 0f 2019
Attorneys for Defendants
BRUCE ROBERTS, individually and as an
\OOONONUl-PWNH
Agent 0f HOPKINS & CARLEY, a Law
Corporation, and HOPKINS & CARLEY, a
Law Corporation
IN THE SUPERIOR COURT‘OF THE STATE OF CALIFORNIA
1N AND FOR THE COUNTY OF SAN MATEO (
BARBARA BARTOSHUK, Case No. : CIV53 1589
COOK
Plaintiffs,
NOTICE OF DEFENDANTS BRUCE D.
& ROBERTS AND HOPKINS & CARLEY’S
vs. MOTION TO STAY AND/OR ABATE
BENING
CARLEEN WHITTLESEY, an individual; Date: April 29, 2019
CARLEEN WHITTELSEY, Trustee of the
\Time: 9:00 am.
Stuart G. Whittelsey Jr. Family Trust;
BRUCE ROBERTS, an individual; BRUCE Dept: Law & Motion
STUART,
ROBERTS, Agent, Hopkins & Carley, a Law
Corporation; HOPKINS & CARLEY, a Law Complaint Filed: 12/4/20 1 4
Corporation; and DOES
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1 through 20, Trial Date: 10/2 1/ 1 9
inclusive,
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EJ531589
4
MOTSTAY
Defendants. I
Notice of Motion and Motion for
Stay
W'ILLOUGHBY,
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lmummnmmu
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TO PLAINTIFF BARBARA BARTOSHUK, in propria persona:
YOU ARE HEREBY NOTIFIED THAT on April 29, 2019, at 9:00 a.m., or_as soon
thereafter as the matter may be heard, in the Law & Motion Department bf the above—entitled court,
located at 400 County Center, Redwood City, California, Defendants BRUCE ROBERTS, an
individual; BRUCE ROBERTS, Agent of Hopkins & Carley, a Law Corporation and HOPKINS &
CARLEY, a Law Corporation (collectively the “Hopkins & Carley Defendants), will move this .
Court for an order staying and/or abating this action pending final judgment being entered on the
petitions filed by Plaintiff Barbara Bartoshuk and Defendant Carleen Whittelsey in the action titled
1
NOTICE 0F DEFENDANTS BRUCE ROBERTS AND
HOPKINS & CARLEY’S MOTION To STAY AND/OR ABATE
5‘In the matter of the Stuart G. Whittelsey Jr. Family Trust”, San Mateo Superior Court Action
#PR0122577 (hereinafter the “Probate Aption” .) This motion isbrought pursuant t0 Code 0f Civil
Procedure §597 and the court’s inherent power to control proceedings.
The motion Will be made upon the ground that there isanother action pending (the Probate
Action), which involves the same. causes of action and in which the court has made factual findings
and conclusiofis 0f law, including rulings by the Court of Appeal.
The motion will be based upon this notice, the Memorandum 0f Points and Authorities, the
‘
Macleod
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accompanying Request for Judicial Notice, Declaration of Bruce D. ifi Support of
Defendants Bruce Roberts and Hopkins & Carley’s Motion t0 Stay, the records and files of this
10 Court, and upon such evidence as may be presented at the. hearin his motion.
COOK
WILL EN G & COOK
'
11 DATED: March 20, 2019 r
'
. A
& 12
BENING 13
WET). MacLED‘D
14 ttorneys for Defendants, BRUCE
ROBERTS, individually and as an Agent of
STUART,
15 HOPKINS & CARLEY, a Law Corporation,
and HOPKINS & CARLEY, a Law ‘ _
16 Corporation
17
18
WILLOUGHBY,
19
20
21
22'
23
‘24
25
26
27
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NOTICE 0F DEFENDANTS BRUCE ROBERTS AND
HOPKINS & CARLEY’S MOHON To STAY AND/OR ABATE
p—a
. Case Name: Bartoshuk v. Whittelsey, et al.
Court: San Mateo County Superior Court
Case No. CIV 531589
Our File No. 2164. 12638B
’
PROOF OF SERVICE
STATE OF CALIFORNIA '
I
-]
m_mqmmhww‘ ] ss.
COUNTY OF SANTA CLARA ]
I am a citizen of the United States and a resident of the County of Santa Clara, State of
California; 1am over the age of eighteen years and not a party to the Within action; my business
address ls 50 W. San Fernando Street, Suite 400, San Jose, CA 951 13. On the date set forth
below Iserved the document[s] described as:
NOTICE OF DEFENDANTS BRUCE D. ROBERTS AND HOPKINS & CARLEY’S
MOTION TO STAY
O
on the following person[s] in this action by placing a'true copy thereof enclosed in'
a sealed
r—l
envelope addressed as follows: .
N Barbara Bartoshuk Craig Hansen
979 Arlington Road HANSEN LAW FIRM
U.)
Redwood City, CA 94062 '
_
75 E. Santa Clara Street, Suite 1250
(650) 670- 7935 San Jose, CA 951 12
-b bbartoshuk@gniail. com Tel: (408) 715-7980
Fax: (408) 715—7001
UI
craig@hansen1awfirm. net
joan@hansenlawfi1m. net
O\
'[X] [BY MAIL] Ienclosed the document[s] 1n a sealed envelope or package addressed
fl to the addressee[s] and placed the envelope for collection and mailing, following
our ordinary business practices.
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I am readily familiar with the business’s practice
00
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
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course of business with the United States Postal Service, in a sealed envelope with
postage fully prepaid.
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[ ] [BY PERSONAL SERVICE] Icaused the document[s] to be delivered by hand to the
offices of the addressee[s].
W‘N_r-‘
' '
[ ] [BY FACSIMILE] I caused the document[s] to be transmitted by facsimile on this date to
the offices of addressee[s]. The facsimile machine complies with Rule 2003 (3) of the
California Rules of Court and was reported as complete and without error at the time
specified on the transmission confirmation report and' was properly issued by the
h transmitting facsimile machine operating at [408]295-6375.
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[ ] ’[BY ELECTRONIC MAIL] I caused the document[s] to be transmitted by electronic mail
to the offices of addressee[s] without return 'error notification.
O\
[ ] [BY FEDERAL EXPRESS] Icaused the envelope[s] to be placed for collection and
fl overnight delivery by Federal Express with delivery fees thereon fillly prepaid or provided
for. _
00
I
[X ] [STATE] I declare under penalty ofperjury under the laws of the State of Califonfia_that
I
the foregoing is true and correct.
[ ] [FEDERAL] Ideclare that I am employed in the office of a member of the bar of this
court at Whose direction the service was made.
Executed on March 20, 2019 at San Jose, California.
\OOOQONUI-PUJNH
SHEILA SMITH
OOQONUIAUJNHOKOOOQOUI#UJNr—IO
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Preview
BRADLEY A. BENING — 104221 BRUCE D. MacLEOD - 130860 WILLOUGHBY, STUART, BENING & COOK, INC. 50 W. San Fernando St.,Suite 400 San California 951 13 Jose, (408) 289-1972 SAN FEEAEW amTfi-‘fl fif‘EE‘z‘NW Facsimile: (408) 295-6375 MAR 2 0f 2019 Attorneys for Defendants BRUCE ROBERTS, individually and as an \OOONONUl-PWNH Agent 0f HOPKINS & CARLEY, a Law Corporation, and HOPKINS & CARLEY, a Law Corporation IN THE SUPERIOR COURT‘OF THE STATE OF CALIFORNIA 1N AND FOR THE COUNTY OF SAN MATEO ( BARBARA BARTOSHUK, Case No. : CIV53 1589 COOK Plaintiffs, NOTICE OF DEFENDANTS BRUCE D. & ROBERTS AND HOPKINS & CARLEY’S vs. MOTION TO STAY AND/OR ABATE BENING CARLEEN WHITTLESEY, an individual; Date: April 29, 2019 CARLEEN WHITTELSEY, Trustee of the \Time: 9:00 am. Stuart G. Whittelsey Jr. Family Trust; BRUCE ROBERTS, an individual; BRUCE Dept: Law & Motion STUART, ROBERTS, Agent, Hopkins & Carley, a Law Corporation; HOPKINS & CARLEY, a Law Complaint Filed: 12/4/20 1 4 Corporation; and DOES NNNNNNNNNHHr—Ip—Ar—Ay—Ay—Ar—tr—ir—A 1 through 20, Trial Date: 10/2 1/ 1 9 inclusive, I I EJ531589 4 MOTSTAY Defendants. I Notice of Motion and Motion for Stay W'ILLOUGHBY, | I OOQOUl-bWNr-‘OKOOOQONUI-PUJNHO '"Tliifi I I lmummnmmu l \. i4 TO PLAINTIFF BARBARA BARTOSHUK, in propria persona: YOU ARE HEREBY NOTIFIED THAT on April 29, 2019, at 9:00 a.m., or_as soon thereafter as the matter may be heard, in the Law & Motion Department bf the above—entitled court, located at 400 County Center, Redwood City, California, Defendants BRUCE ROBERTS, an individual; BRUCE ROBERTS, Agent of Hopkins & Carley, a Law Corporation and HOPKINS & CARLEY, a Law Corporation (collectively the “Hopkins & Carley Defendants), will move this . Court for an order staying and/or abating this action pending final judgment being entered on the petitions filed by Plaintiff Barbara Bartoshuk and Defendant Carleen Whittelsey in the action titled 1 NOTICE 0F DEFENDANTS BRUCE ROBERTS AND HOPKINS & CARLEY’S MOTION To STAY AND/OR ABATE 5‘In the matter of the Stuart G. Whittelsey Jr. Family Trust”, San Mateo Superior Court Action #PR0122577 (hereinafter the “Probate Aption” .) This motion isbrought pursuant t0 Code 0f Civil Procedure §597 and the court’s inherent power to control proceedings. The motion Will be made upon the ground that there isanother action pending (the Probate Action), which involves the same. causes of action and in which the court has made factual findings and conclusiofis 0f law, including rulings by the Court of Appeal. The motion will be based upon this notice, the Memorandum 0f Points and Authorities, the ‘ Macleod \OOOQQ accompanying Request for Judicial Notice, Declaration of Bruce D. ifi Support of Defendants Bruce Roberts and Hopkins & Carley’s Motion t0 Stay, the records and files of this 10 Court, and upon such evidence as may be presented at the. hearin his motion. COOK WILL EN G & COOK ' 11 DATED: March 20, 2019 r ' . A & 12 BENING 13 WET). MacLED‘D 14 ttorneys for Defendants, BRUCE ROBERTS, individually and as an Agent of STUART, 15 HOPKINS & CARLEY, a Law Corporation, and HOPKINS & CARLEY, a Law ‘ _ 16 Corporation 17 18 WILLOUGHBY, 19 20 21 22' 23 ‘24 25 26 27 28 2 NOTICE 0F DEFENDANTS BRUCE ROBERTS AND HOPKINS & CARLEY’S MOHON To STAY AND/OR ABATE p—a . Case Name: Bartoshuk v. Whittelsey, et al. Court: San Mateo County Superior Court Case No. CIV 531589 Our File No. 2164. 12638B ’ PROOF OF SERVICE STATE OF CALIFORNIA ' I -] m_mqmmhww‘ ] ss. COUNTY OF SANTA CLARA ] I am a citizen of the United States and a resident of the County of Santa Clara, State of California; 1am over the age of eighteen years and not a party to the Within action; my business address ls 50 W. San Fernando Street, Suite 400, San Jose, CA 951 13. On the date set forth below Iserved the document[s] described as: NOTICE OF DEFENDANTS BRUCE D. ROBERTS AND HOPKINS & CARLEY’S MOTION TO STAY O on the following person[s] in this action by placing a'true copy thereof enclosed in' a sealed r—l envelope addressed as follows: . N Barbara Bartoshuk Craig Hansen 979 Arlington Road HANSEN LAW FIRM U.) Redwood City, CA 94062 ' _ 75 E. Santa Clara Street, Suite 1250 (650) 670- 7935 San Jose, CA 951 12 -b bbartoshuk@gniail. com Tel: (408) 715-7980 Fax: (408) 715—7001 UI craig@hansen1awfirm. net joan@hansenlawfi1m. net O\ '[X] [BY MAIL] Ienclosed the document[s] 1n a sealed envelope or package addressed fl to the addressee[s] and placed the envelope for collection and mailing, following our ordinary business practices. NNNNNNNNNt—‘Hr—Ir—tp—lr—Ip—np—KHH I am readily familiar with the business’s practice 00 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 \O course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. O [ ] [BY PERSONAL SERVICE] Icaused the document[s] to be delivered by hand to the offices of the addressee[s]. W‘N_r-‘ ' ' [ ] [BY FACSIMILE] I caused the document[s] to be transmitted by facsimile on this date to the offices of addressee[s]. The facsimile machine complies with Rule 2003 (3) of the California Rules of Court and was reported as complete and without error at the time specified on the transmission confirmation report and' was properly issued by the h transmitting facsimile machine operating at [408]295-6375. UI [ ] ’[BY ELECTRONIC MAIL] I caused the document[s] to be transmitted by electronic mail to the offices of addressee[s] without return 'error notification. O\ [ ] [BY FEDERAL EXPRESS] Icaused the envelope[s] to be placed for collection and fl overnight delivery by Federal Express with delivery fees thereon fillly prepaid or provided for. _ 00 I [X ] [STATE] I declare under penalty ofperjury under the laws of the State of Califonfia_that I the foregoing is true and correct. [ ] [FEDERAL] Ideclare that I am employed in the office of a member of the bar of this court at Whose direction the service was made. Executed on March 20, 2019 at San Jose, California. \OOOQONUI-PUJNH SHEILA SMITH OOQONUIAUJNHOKOOOQOUI#UJNr—IO NNNNNNNNNHHHHHHHHHH