Preview
ETHAN K. FRIEDMAN (SBN 208584)
FIL
Superior Court of California
FIDELITY NATIONAL LAW GROUP County of Placer
THE LAW DIVISION OF FIDELITY NATIONAL TITLE GROUP, INC. t
1550 Parkside Drive, Suite 300 NOV 1 i 2020
Walnut Creek, CA 94596 Jake Ehatters
12:27
Tel: . (925) 817-3704 Pay: tl
Ml.Taylor,cer D
Fax: (925) 930-9588
Email: Ethan.Friedman@fnf.com
11/10/2020
Attorneys for Defendant, Cross-Defendant and Cross-Complainant
DN
CHICAGO TITLE COMPANY (erroneously sued as
Chicago Title Company, Inc.)
nN
Received
SUPERIOR COURT OF THE STATE OF CALIFORNIA
oOo
IN AND FOR THE COUNTY OF PLACER
\O
10 FAMILY DREAM HOMES, INC., a California Case No.: SCV0042489
Electronically
Corporation,
11 STIPULATION AND ]
Plaintiff, ORDER TO CONTINUE TRIAL
12 AND MANDATORY
VS. SETTLEMENT CONFERENCE
13 DATES
CHICAGO TITLE COMPANY, INC., a
14 California Corporation; MICHAEL ROCK;
RESIDE REAL ESTATE, INC., a California Current Trial Date
15 Corporation; JAMES BERG; ICON REAL Date: December 7,2020
ESTATE, a California business entity, form Time: 8:30 a.m.
16 unknown; SJAY MANAGEMENT SERVICES, Dept.: TBA
LLC, a California Limited Liability Company;
17 and DOES 1-100, inclusive,
Complaint filed: February 7, 2019
18 Defendants. Cross-Complaint filed: April 29, 2019
19
AND RELATED CROSS-COMPLAINTS
20
21 The parties hereto, Plaintiff FAMILY DREAM HOMES, INC. (“Plaintiff”), by and through their
22 attorneys, and defendants, cross-complainants, and cross-defendants CHICAGO TITLE COMPANY,
23 SIDE, INC., JAMES BERG, SJAY MANAGEMENT SERVICES, LLC, by and through their attorneys,
24 and MICHAEL ROCK, in pro per, (collectively, the “Parties”) hereby stipulate and agree to a
25 continuance of the currently set trial date, currently set mandatory settlement conference (“MSC”), and
26 the extension of all other trial related discovery and law/motion deadlines as provided herein:
27 WHEREAS, the trialdate iscurrently setfor December 7, 2020 at 8:30 a.m. in a Department to
28 be assigned. The MSC is currently set for November 20, 2020 at 8:30 a.m. in a Department to be
1
STIPULATION AND [PROPOSED] ORDER TO VACATE TRIAL AND MANDATORY SETTLEMENT
CONFERENCE DATES
assigned. There have been no prior continuances of the trial or MSC dates;
WHEREAS, the Parties hereto are involved in a dispute as to the closing of a real estate sales
transaction;
WHEREAS, Plaintiffs corporate rights and privileges were suspended by the Franchise Tax
Board on or about February 3, 2020 pursuant to the Revenue & Taxation Code and were only just
revived on November 5, 2020;
DN
WHEREAS, the Plaintiff was unable to proceed with this litigation until such time as its
SN
corporate rights and privileges had been restored;
Se
WHEREAS, due to the inability of parties to proceed with discovery and alternative dispute
Oo
resolution during the period of Plaintiff's suspension, the Parties need more time to complete discovery
Go
11 and discuss settlement;
12 WHEREAS, to avoid motions to continue the current trial,the Parties submit itwould be inthe
13 interest of justice and the Court’s resources to continue the currently scheduled mandatory settlement
14 conference and trial pursuant to stipulation;
15 NOW, THEREFORE, the Parties agree and stipulate as follows:
16 1, Good cause exists to vacate the current trialdate and mandatory settlement conference
17 dates;
18 2. The parties hereto agree to continue the trialon or after August 23, 2021, or as soon
19 thereafter the matter maybe heard, and to reschedule the mandatory settlement conference for August 6,
20 2021 or as soon thereafter as the matter may be heard;
21 3, All discovery, expert and percipient, and law & motion cutoff dates (and other dates
22 pertaining to trial) are hereby vacated and shall be extended to commensurate with anew, future trial
23 date; and
24 4. The Court may enter an order consistent with this Stipulation.
25 IT IS SO STIPULATED BY THE PARTIES
26
27
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STIPULATION AND [PROPOSED] ORDER TO VACATE TRIAL AND MANDATORY SETTLEMENT
CONFERENCE DATES
Dated:
(L@bore9 MEYER LA W_OFFICE
Eric S.
Vor
Meyer C-~
Attorneys for Plaintiff & Cross-Defendant, FAMILY
DREAM HOMES, INC.
Dated: 11-9-2020
FIDELITY NATIONAL LAW GROUP
THE LAW DIVISION OF FIDELITY NATIONAL TITLE GROUP, INC.
Ethan K. Friedman
Attorneys for Defendant, Cross-Defendant & Cross-
Complainant, CHICAGO TITLE COMPANY
10
(erroneously sued as Chicago Title Company, Inc.)
1]
12 Dated: WFBM, LLP
13
14
Laurie E. Sherwood,
15 Attorneys for Defendants, Cross-Defendants, SIDE, INC.
& JAMES BERG
16
17
Dated: REAL ESTATE LAW GROUP, LLP
18
19
Jason L. Hoffman,
20 Attorneys for Defendant, Cross-Defendant & Cross-
Complainant, SJAY MANAGEMENT SERVICES, LLC.
2]
22
23 Dated:
MICHAEL ROCK,
24 Defendant & Cross-Defendant in Pro. Per.
25
26
27
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3
STIPULATION AND [PROPOSED] ORDER TO VACATE TRIAL AND MANDATORY SETTLEMENT
CONFERENCE DATES
Dated: MEYER LAW OFFICE
Wb
Eric S.Meyer
WwW
Attorneys for Plaintiff & Cross- Defendant, FAMILY
DREAM HOMES, INC.
&-&
A
Dated: FIDELITY NATIONAL LAW GROUP
THE LAW DIVISION OFFIDELITY NATIONAL TITLE GROUP, INC.
DH
ns
oOo
Ethan K. Friedman
Attorneys for Defendant, Cross-Defendant & Cross-
Oo
Complainant, CHICAGO TITLE COMPANY
10 (erroneously sued as Chicago Title Company, Inc.)
i
12 Dated: J evembn 7 Abn WFBM,
13
14 Laftrie E. Sherw
C heweer’
15 Attomeys for D fon ants, Cross-Defendants, SIDE, INC.
& JAMES BER:
16
17 Dated: REAL ESTATE LAW GROUP, LLP
18
19
Jason L. Hoffman,
20 Attorneys for Defendant, Cross-Defendant & Cross-
Complainant, SJAY MANAGEMENT SERVICES, LLC.
21
22
23 Dated:
MICHAEL ROCK,
24 Defendant & Cross-Defendant in Pro. Per.
25
26
27
28
3
STIPULATION AND [PROPOSED] ORDER TO VACATE TRIAL AND MANDATORY SETTLEMENT
CONFERENCE DATES
Dated: MEYER LAW OFFICE
WN
Eric S. Meyer
WH
Attorneys for Plaintiff& Cross-Defendant, FAMILY
F&F
DREAM HOMES, INC.
A
Dated: FIDELITY NATIONAL LAW GROUP |
NH
THE LAW DIVISION OF FIDELITY NATIONAL TITLE GROUP, INC.
NN
A
Ethan K. Friedman
oO
Attorneys for Defendant, Cross-Defendant & Cross-
10 Complainant, CHICAGO TITLE COMPANY
(erroneously sued as Chicago Title Company, Inc.)
11
12 Dated: WFBM, LLP
13
LaurieE. Sherwood,
15 Attorneys for Defendants, Cross-Defendants, SIDE, INC.
& JAMES BERG
16
17 Dated: \\-4-20 2H REAL ESTATE LAW GROUP, LLP
18 No
19
Jason L. Hoffman, |
20 Attorneys for Defendant, Cross- Defendant & Cross-
Complainant, SJAY MANAGEMENT SERVICES, LLC.
21
22
23 Dated:
MICHAEL ROCK,
24 Defendant & Cross-Defendant in Pro. Per.
25
26
27
28
3
STIPULATION AND [PROPOSED] ORDER TO VACATE TRIAL AND MANDATORY SETTLEMENT
CONFERENCE DATES
Dated: MEYER LAW OFFICE
NY
Eric S. Meyer
Ww
Attorneys forPlaintiff & Cross-Defendant, FAMILY
DREAM HOMES, INC.
&
WA
Dated: FIDELITY NATIONAL LAW GROUP
DW
THE LAW DIVISION OF FIDELITY NATIONAL TITLE GROUP, INC.
~TI
CO
Ethan K. Friedman
Oo
Attorneys forDefendant, Cross-Defendant & Cross-
10 Complainant, CHICAGO TITLE COMPANY
(erroneously sued as Chicago Title Company, Inc.)
il
12 Dated: WFBM, LLP
13
14
Laurie. E. Sherwood,
15 Attorneys forDefendants, Cross-Defendants, SIDE, INC.
& JAMES BERG
16
17
Dated: REAL ESTATE LAW GROUP, LLP
18
19
Jason L. Hoffman,
20 Attorneys for Defendant, Cross-Defendant & Cross-
Complainant, fa SERVICES, LLC.
21
22
23 Dated: —f[O~ Zaz O ‘hy
MICHAEL ROCK, ~
24 Defendant & Cross-Defendant inPro. Per.
25
26
27
28
3
STIPULATION AND [PROPOSED] ORDER TO VACATE TRIAL AND MANDATORY SETTLEMENT
CONFERENCE DATES
{PROPOSED] ORDER
The Stipulation of the Parties having been considered, and good cause existing,
IT IS HEREBY ORDERED that the Parties’ stipulated request to continue the trial date(s) is
GRANTED as follows:
l. The Trial date of December 7, 2020 and the Mandatory Settlement Conference date of
November 20, 2020 are hereby VACATED;
ND
ST
2. Trial is continued until August 29 2021 and the Mandatory Settlement Conference is
COC
continued until August 6. 2021.
Oo
3, All discovery, percipient and expert, and law & motion cutoff dates (and other dates
10
lonkerence. 2 conrtemeette
pertaining to trial)are hereby vacated and shall be extended commensurate with a new,
11
12 1 SORES Tae
13 Dated:
Judge of the Superior Court
14
15
16 /[t-17-Ze (hab. Wacbb—
17 Hon. Charies D. Wachob
Judge of the Superior Court
18
19
20
21
22
23
24
25
26
27
28
4
STIPULATION AND [PROPOSED] ORDER TO VACATE TRIAL AND MANDATORY SETTLEMENT
CONFERENCE DATES
Preview
ETHAN K. FRIEDMAN (SBN 208584) FIL Superior Court of California FIDELITY NATIONAL LAW GROUP County of Placer THE LAW DIVISION OF FIDELITY NATIONAL TITLE GROUP, INC. t 1550 Parkside Drive, Suite 300 NOV 1 i 2020 Walnut Creek, CA 94596 Jake Ehatters 12:27 Tel: . (925) 817-3704 Pay: tl Ml.Taylor,cer D Fax: (925) 930-9588 Email: Ethan.Friedman@fnf.com 11/10/2020 Attorneys for Defendant, Cross-Defendant and Cross-Complainant DN CHICAGO TITLE COMPANY (erroneously sued as Chicago Title Company, Inc.) nN Received SUPERIOR COURT OF THE STATE OF CALIFORNIA oOo IN AND FOR THE COUNTY OF PLACER \O 10 FAMILY DREAM HOMES, INC., a California Case No.: SCV0042489 Electronically Corporation, 11 STIPULATION AND ] Plaintiff, ORDER TO CONTINUE TRIAL 12 AND MANDATORY VS. SETTLEMENT CONFERENCE 13 DATES CHICAGO TITLE COMPANY, INC., a 14 California Corporation; MICHAEL ROCK; RESIDE REAL ESTATE, INC., a California Current Trial Date 15 Corporation; JAMES BERG; ICON REAL Date: December 7,2020 ESTATE, a California business entity, form Time: 8:30 a.m. 16 unknown; SJAY MANAGEMENT SERVICES, Dept.: TBA LLC, a California Limited Liability Company; 17 and DOES 1-100, inclusive, Complaint filed: February 7, 2019 18 Defendants. Cross-Complaint filed: April 29, 2019 19 AND RELATED CROSS-COMPLAINTS 20 21 The parties hereto, Plaintiff FAMILY DREAM HOMES, INC. (“Plaintiff”), by and through their 22 attorneys, and defendants, cross-complainants, and cross-defendants CHICAGO TITLE COMPANY, 23 SIDE, INC., JAMES BERG, SJAY MANAGEMENT SERVICES, LLC, by and through their attorneys, 24 and MICHAEL ROCK, in pro per, (collectively, the “Parties”) hereby stipulate and agree to a 25 continuance of the currently set trial date, currently set mandatory settlement conference (“MSC”), and 26 the extension of all other trial related discovery and law/motion deadlines as provided herein: 27 WHEREAS, the trialdate iscurrently setfor December 7, 2020 at 8:30 a.m. in a Department to 28 be assigned. The MSC is currently set for November 20, 2020 at 8:30 a.m. in a Department to be 1 STIPULATION AND [PROPOSED] ORDER TO VACATE TRIAL AND MANDATORY SETTLEMENT CONFERENCE DATES assigned. There have been no prior continuances of the trial or MSC dates; WHEREAS, the Parties hereto are involved in a dispute as to the closing of a real estate sales transaction; WHEREAS, Plaintiffs corporate rights and privileges were suspended by the Franchise Tax Board on or about February 3, 2020 pursuant to the Revenue & Taxation Code and were only just revived on November 5, 2020; DN WHEREAS, the Plaintiff was unable to proceed with this litigation until such time as its SN corporate rights and privileges had been restored; Se WHEREAS, due to the inability of parties to proceed with discovery and alternative dispute Oo resolution during the period of Plaintiff's suspension, the Parties need more time to complete discovery Go 11 and discuss settlement; 12 WHEREAS, to avoid motions to continue the current trial,the Parties submit itwould be inthe 13 interest of justice and the Court’s resources to continue the currently scheduled mandatory settlement 14 conference and trial pursuant to stipulation; 15 NOW, THEREFORE, the Parties agree and stipulate as follows: 16 1, Good cause exists to vacate the current trialdate and mandatory settlement conference 17 dates; 18 2. The parties hereto agree to continue the trialon or after August 23, 2021, or as soon 19 thereafter the matter maybe heard, and to reschedule the mandatory settlement conference for August 6, 20 2021 or as soon thereafter as the matter may be heard; 21 3, All discovery, expert and percipient, and law & motion cutoff dates (and other dates 22 pertaining to trial) are hereby vacated and shall be extended to commensurate with anew, future trial 23 date; and 24 4. The Court may enter an order consistent with this Stipulation. 25 IT IS SO STIPULATED BY THE PARTIES 26 27 28 2 STIPULATION AND [PROPOSED] ORDER TO VACATE TRIAL AND MANDATORY SETTLEMENT CONFERENCE DATES Dated: (L@bore9 MEYER LA W_OFFICE Eric S. Vor Meyer C-~ Attorneys for Plaintiff & Cross-Defendant, FAMILY DREAM HOMES, INC. Dated: 11-9-2020 FIDELITY NATIONAL LAW GROUP THE LAW DIVISION OF FIDELITY NATIONAL TITLE GROUP, INC. Ethan K. Friedman Attorneys for Defendant, Cross-Defendant & Cross- Complainant, CHICAGO TITLE COMPANY 10 (erroneously sued as Chicago Title Company, Inc.) 1] 12 Dated: WFBM, LLP 13 14 Laurie E. Sherwood, 15 Attorneys for Defendants, Cross-Defendants, SIDE, INC. & JAMES BERG 16 17 Dated: REAL ESTATE LAW GROUP, LLP 18 19 Jason L. Hoffman, 20 Attorneys for Defendant, Cross-Defendant & Cross- Complainant, SJAY MANAGEMENT SERVICES, LLC. 2] 22 23 Dated: MICHAEL ROCK, 24 Defendant & Cross-Defendant in Pro. Per. 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER TO VACATE TRIAL AND MANDATORY SETTLEMENT CONFERENCE DATES Dated: MEYER LAW OFFICE Wb Eric S.Meyer WwW Attorneys for Plaintiff & Cross- Defendant, FAMILY DREAM HOMES, INC. &-& A Dated: FIDELITY NATIONAL LAW GROUP THE LAW DIVISION OFFIDELITY NATIONAL TITLE GROUP, INC. DH ns oOo Ethan K. Friedman Attorneys for Defendant, Cross-Defendant & Cross- Oo Complainant, CHICAGO TITLE COMPANY 10 (erroneously sued as Chicago Title Company, Inc.) i 12 Dated: J evembn 7 Abn WFBM, 13 14 Laftrie E. Sherw C heweer’ 15 Attomeys for D fon ants, Cross-Defendants, SIDE, INC. & JAMES BER: 16 17 Dated: REAL ESTATE LAW GROUP, LLP 18 19 Jason L. Hoffman, 20 Attorneys for Defendant, Cross-Defendant & Cross- Complainant, SJAY MANAGEMENT SERVICES, LLC. 21 22 23 Dated: MICHAEL ROCK, 24 Defendant & Cross-Defendant in Pro. Per. 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER TO VACATE TRIAL AND MANDATORY SETTLEMENT CONFERENCE DATES Dated: MEYER LAW OFFICE WN Eric S. Meyer WH Attorneys for Plaintiff& Cross-Defendant, FAMILY F&F DREAM HOMES, INC. A Dated: FIDELITY NATIONAL LAW GROUP | NH THE LAW DIVISION OF FIDELITY NATIONAL TITLE GROUP, INC. NN A Ethan K. Friedman oO Attorneys for Defendant, Cross-Defendant & Cross- 10 Complainant, CHICAGO TITLE COMPANY (erroneously sued as Chicago Title Company, Inc.) 11 12 Dated: WFBM, LLP 13 LaurieE. Sherwood, 15 Attorneys for Defendants, Cross-Defendants, SIDE, INC. & JAMES BERG 16 17 Dated: \\-4-20 2H REAL ESTATE LAW GROUP, LLP 18 No 19 Jason L. Hoffman, | 20 Attorneys for Defendant, Cross- Defendant & Cross- Complainant, SJAY MANAGEMENT SERVICES, LLC. 21 22 23 Dated: MICHAEL ROCK, 24 Defendant & Cross-Defendant in Pro. Per. 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER TO VACATE TRIAL AND MANDATORY SETTLEMENT CONFERENCE DATES Dated: MEYER LAW OFFICE NY Eric S. Meyer Ww Attorneys forPlaintiff & Cross-Defendant, FAMILY DREAM HOMES, INC. & WA Dated: FIDELITY NATIONAL LAW GROUP DW THE LAW DIVISION OF FIDELITY NATIONAL TITLE GROUP, INC. ~TI CO Ethan K. Friedman Oo Attorneys forDefendant, Cross-Defendant & Cross- 10 Complainant, CHICAGO TITLE COMPANY (erroneously sued as Chicago Title Company, Inc.) il 12 Dated: WFBM, LLP 13 14 Laurie. E. Sherwood, 15 Attorneys forDefendants, Cross-Defendants, SIDE, INC. & JAMES BERG 16 17 Dated: REAL ESTATE LAW GROUP, LLP 18 19 Jason L. Hoffman, 20 Attorneys for Defendant, Cross-Defendant & Cross- Complainant, fa SERVICES, LLC. 21 22 23 Dated: —f[O~ Zaz O ‘hy MICHAEL ROCK, ~ 24 Defendant & Cross-Defendant inPro. Per. 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER TO VACATE TRIAL AND MANDATORY SETTLEMENT CONFERENCE DATES {PROPOSED] ORDER The Stipulation of the Parties having been considered, and good cause existing, IT IS HEREBY ORDERED that the Parties’ stipulated request to continue the trial date(s) is GRANTED as follows: l. The Trial date of December 7, 2020 and the Mandatory Settlement Conference date of November 20, 2020 are hereby VACATED; ND ST 2. Trial is continued until August 29 2021 and the Mandatory Settlement Conference is COC continued until August 6. 2021. Oo 3, All discovery, percipient and expert, and law & motion cutoff dates (and other dates 10 lonkerence. 2 conrtemeette pertaining to trial)are hereby vacated and shall be extended commensurate with a new, 11 12 1 SORES Tae 13 Dated: Judge of the Superior Court 14 15 16 /[t-17-Ze (hab. Wacbb— 17 Hon. Charies D. Wachob Judge of the Superior Court 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION AND [PROPOSED] ORDER TO VACATE TRIAL AND MANDATORY SETTLEMENT CONFERENCE DATES