On October 23, 2020 a
Court Notice
was filed
involving a dispute between
Kharbawy, A. Sameh El,
and
Board Of Trustees Of California State Of University,
Castro, Joseph I.,
Fu, Xuanning,
Hamm, Daryl L.,
Jimenez-Sandoval, Saul,
Zelenzy, Lynnette,
for 15 Unlimited - Other Employment
in the District Court of Fresno County.
Preview
1 Jesse J. Maddox, Bar No. 219091
jmaddox@lcwlegal.com
2 Nathan T. Jackson, Bar No. 285620
njackson@lcwlegal.com
3 LIEBERT CASSIDY WHITMORE
A Professional Law Corporation RECEIVED
4 5250 North Palm Ave, Suite 310 8/10/2021 4:47 PM
Fresno, California 93704
5 Telephone: 559.256.7800 FRESNO COUNTY SUPERIOR COURT
Facsimile: 559.449.4535 By: L Peterson, Deputy
6
Attorneys for Defendant BOARD OF TRUSTEES OF
7 CALIFORNIA STATE UNIVERSITY
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF FRESNO
11 A. SAMEH EL KHARBAWY, Case No.: 21CECG02214
12 Plaintiff, [ASSIGNED FOR ALL PURPOSES TO
5250 North Palm Ave, Suite 310
A Professional Law Corporation
ROSEMARY MCGUIRE, DEPT. 502]
Liebert Cassidy Whitmore
Fresno, California 93704
13 v.
Complaint Filed: October 23, 2020
14 BOARD OF TRUSTEES OF
CALIFORNIA STATE UNIVERSITY; [PROPOSED] ORDER GRANTING
15 DARRYL L. HAMM, an individual; DEFENDANT BOARD OF TRUSTEES OF
LYNNETTE ZELEZNY, an individual; CALIFORNIA STATE UNIVERSITY’S EX
16 JOSEPH I. CASTRO, an individual; PARTE APPLICATION TO (1) EXCEED
SAUL JIMENEZ-SANDOVAL, an PAGE LIMITS FOR ANTI-SLAPP MOTION,
17 individual; XUANNING FU, an AND (2) FILE ENTIRE WORKPLACE
individual; AND DOES 1 through 50, INVESTIGATION REPORT UNDER SEAL
18
Defendant. Date: August 11, 2021
19 Time: 3:30 p.m.
Dept.: 502
20
(*Exempt from filing fees pursuant to Gov.
21 Code, § 6103.)
22
23 Good cause having been shown, Defendant Board of Trustees of California State
24 University’s (“CSU”) Ex Parte Application to Exceed Page Limit on CSU’s Memorandum of
25 Points and Authorities in support of its Special Motion to Strike Plaintiff A. Sameh El
26 Kharbawy’s Complaint, and request for permission to file a workplace investigation report under
27 seal, is hereby granted. CSU may have up to 25 pages for its Memorandum of Points and
28 Authorities in support of its Special Motion to Strike Plaintiff’s Complaint (not including the
1
[Proposed] Order Granting Defendant’s Ex Parte Application
9752931.1 FR007-003
1 caption or the table of contents). The Court also grants CSU permission to file a copy of a
2 workplace investigation report by the law firm of Wilke Fleury under seal.
3
4 IT IS SO ORDERED.
5 Dated: August ___, 2021
6
By:
7 Honorable Rosemary McGuire
Judge of the Superior Court
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5250 North Palm Ave, Suite 310
A Professional Law Corporation
Liebert Cassidy Whitmore
Fresno, California 93704
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[Proposed] Order Granting Defendant’s Ex Parte Application
9752931.1 FR007-003
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF SACRAMENTO
3 I am employed in the County of Sacramento, State of California. I am over the age of 18
4 and not a party to the within action; my business address is: 400 Capitol Mall, Suite 1260,
5 Sacramento, CA 95814.
6 On August 10, 2021, I served the foregoing document(s) described as [PROPOSED]
7 ORDER GRANTING DEFENDANT BOARD OF TRUSTEES OF CALIFORNIA STATE
8 UNIVERSITY'S EX PARTE APPLICATION TO (1) EXCEED PAGE LIMITS FOR
9 ANTI-SLAPP MOTION, AND (2) FILE ENTIRE WORKPLACE INVESTIGATION
10 REPORT UNDER SEAL in the manner checked below on all interested parties in this action
11 addressed as follows:
12 Andrew Hillier
Paul Garcia
13 Hillier Law
600 W. Broadway, Suite 700
14 San Diego, CA 92101
telephone: 619.500.7906
15 facsimile: 619.839.3895
email: andrew@ahillierlaw.com;
16 paul@ahillierlaw.com
17
El (BY ELECTRONIC SERVICE) By electronically mailing a true and correct copy
18 through Liebert Cassidy Whitmore's electronic mail system from
mwibbenhorst@lewlegal.com to the email address(es) set forth above. I did not
19 receive, within a reasonable time after the transmission, any electronic message or
other indication that the transmission was unsuccessful.
20
Executed on August 10, 2021, at Sacramento, California.
21
I declare under penalty of perjury under the laws of the State of California that the
22
foregoing is true and correct.
23 O1 1- OA).c3 Q Lk_)\-LejL)-(A,TOY7---
Mariana Wibbenhorst
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Proof of Service
9752931.1 FR007-003
Document Filed Date
August 10, 2021
Case Filing Date
October 23, 2020
Category
15 Unlimited - Other Employment
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1 Jesse J. Maddox, Bar No. 219091 jmaddox@lcwlegal.com 2 Nathan T. Jackson, Bar No. 285620 njackson@lcwlegal.com 3 LIEBERT CASSIDY WHITMORE A Professional Law Corporation RECEIVED 4 5250 North Palm Ave, Suite 310 8/10/2021 4:47 PM Fresno, California 93704 5 Telephone: 559.256.7800 FRESNO COUNTY SUPERIOR COURT Facsimile: 559.449.4535 By: L Peterson, Deputy 6 Attorneys for Defendant BOARD OF TRUSTEES OF 7 CALIFORNIA STATE UNIVERSITY 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF FRESNO 11 A. SAMEH EL KHARBAWY, Case No.: 21CECG02214 12 Plaintiff, [ASSIGNED FOR ALL PURPOSES TO 5250 North Palm Ave, Suite 310 A Professional Law Corporation ROSEMARY MCGUIRE, DEPT. 502] Liebert Cassidy Whitmore Fresno, California 93704 13 v. Complaint Filed: October 23, 2020 14 BOARD OF TRUSTEES OF CALIFORNIA STATE UNIVERSITY; [PROPOSED] ORDER GRANTING 15 DARRYL L. HAMM, an individual; DEFENDANT BOARD OF TRUSTEES OF LYNNETTE ZELEZNY, an individual; CALIFORNIA STATE UNIVERSITY’S EX 16 JOSEPH I. CASTRO, an individual; PARTE APPLICATION TO (1) EXCEED SAUL JIMENEZ-SANDOVAL, an PAGE LIMITS FOR ANTI-SLAPP MOTION, 17 individual; XUANNING FU, an AND (2) FILE ENTIRE WORKPLACE individual; AND DOES 1 through 50, INVESTIGATION REPORT UNDER SEAL 18 Defendant. Date: August 11, 2021 19 Time: 3:30 p.m. Dept.: 502 20 (*Exempt from filing fees pursuant to Gov. 21 Code, § 6103.) 22 23 Good cause having been shown, Defendant Board of Trustees of California State 24 University’s (“CSU”) Ex Parte Application to Exceed Page Limit on CSU’s Memorandum of 25 Points and Authorities in support of its Special Motion to Strike Plaintiff A. Sameh El 26 Kharbawy’s Complaint, and request for permission to file a workplace investigation report under 27 seal, is hereby granted. CSU may have up to 25 pages for its Memorandum of Points and 28 Authorities in support of its Special Motion to Strike Plaintiff’s Complaint (not including the 1 [Proposed] Order Granting Defendant’s Ex Parte Application 9752931.1 FR007-003 1 caption or the table of contents). The Court also grants CSU permission to file a copy of a 2 workplace investigation report by the law firm of Wilke Fleury under seal. 3 4 IT IS SO ORDERED. 5 Dated: August ___, 2021 6 By: 7 Honorable Rosemary McGuire Judge of the Superior Court 8 9 10 11 12 5250 North Palm Ave, Suite 310 A Professional Law Corporation Liebert Cassidy Whitmore Fresno, California 93704 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 [Proposed] Order Granting Defendant’s Ex Parte Application 9752931.1 FR007-003 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF SACRAMENTO 3 I am employed in the County of Sacramento, State of California. I am over the age of 18 4 and not a party to the within action; my business address is: 400 Capitol Mall, Suite 1260, 5 Sacramento, CA 95814. 6 On August 10, 2021, I served the foregoing document(s) described as [PROPOSED] 7 ORDER GRANTING DEFENDANT BOARD OF TRUSTEES OF CALIFORNIA STATE 8 UNIVERSITY'S EX PARTE APPLICATION TO (1) EXCEED PAGE LIMITS FOR 9 ANTI-SLAPP MOTION, AND (2) FILE ENTIRE WORKPLACE INVESTIGATION 10 REPORT UNDER SEAL in the manner checked below on all interested parties in this action 11 addressed as follows: 12 Andrew Hillier Paul Garcia 13 Hillier Law 600 W. Broadway, Suite 700 14 San Diego, CA 92101 telephone: 619.500.7906 15 facsimile: 619.839.3895 email: andrew@ahillierlaw.com; 16 paul@ahillierlaw.com 17 El (BY ELECTRONIC SERVICE) By electronically mailing a true and correct copy 18 through Liebert Cassidy Whitmore's electronic mail system from mwibbenhorst@lewlegal.com to the email address(es) set forth above. I did not 19 receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 20 Executed on August 10, 2021, at Sacramento, California. 21 I declare under penalty of perjury under the laws of the State of California that the 22 foregoing is true and correct. 23 O1 1- OA).c3 Q Lk_)\-LejL)-(A,TOY7--- Mariana Wibbenhorst 24 25 26 27 28 3 Proof of Service 9752931.1 FR007-003