Preview
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Ct
@ «ven *45717
WILLIAM J. CASEY (SBN 116531) ;
ANDREW G. WANGER (SBN 166449) FE E L)
CHRISTINA C. MARSHALL (SBN 209315) ALAM EDA COUNTY
N
HANCOCK ROTHERT & BUNSHOFT LLP
Four Embarcadero Center, Suite 300 FER 09 2006
WW
San Francisco, California 94111-4168 —
Telephone: (415) 981-5550 CLERK OF Ti SUPERIOR COURT
F&F
Facsimile: (415) 955-2599 py helicase
V vo Depuly
nA
Attorneys for Defendants MICHAEL GUTA, JOHN E. HILL
and LAW OFFICES OF JOHN E. HILL
sD
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ALAMEDA
10
11 MICHAEL SMITH, CASE NO.: RG 04163436
12 Plaintiff,
NOTICE OF ENTRY OF ORDER RE
13 V. MOTION TO TAX COSTS
14 JOHN E. HILL, MICHAEL GUTA,
LAW OFFICES OF JOHN E. HILL, and Date: February 3, 2006
15 DOES 1 through 100, inclusive, Time: 8:45 a.m.
Dept.: 18
16 Defendants.
Action Filed: June 30, 2004
17
18 TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
19 PLEASE TAKE NOTICE that on February 3, 2006, the court entered an Order
20 granting costs to Defendants John E. Hill, Michael Guta, and the Law Offices of John E. Hill in the
21 amount of $33,732.77. A copy of the Order is attached hereto as Exhibit A to this Notice.
22
DATED: February 3, 2006 DUANE MORRIS LLP FEB 08 2006
23
24
25 By: Lf YY
Andrew G. Wan
26 Christina C. Marshall
Attorneys for Defendants and Cross-Complainants
27 MICHAEL GUTA, JOHN E. HILL
and LAW OFFICES OF JOHN E. HILL
28
NOTICE OF ENTRY OF ORDER
SFH\834439.1
02237-00007
OO, ENDORSED
WILLIAM J. CASEY (SBN 116531) FILED
ANDREW G. WANGER (SBN 166449) ALAMEDA COUNTY
CHRISTINA C. MARSHALL (SBN 209315)
HANCOCK ROTHERT & BUNSHOFT LLP FEB 03 2008
WH
Four Embarcadero Center, Suite 300
WY
San Francisco, California 94111-4168 CLERK OF THE SUPERIOR COURT
Telephone: (415) 981-5550 By MAY CHOO |
Se
Facsimile: (415) 955-2599 : Deputy
OO
Attorneys for Defendants MICHAEL GUTA, JOHN E. HILL
and LAW OFFICES OF JOHN E. HILL
NWN
NN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
oa
FOR THE COUNTY OF ALAMEDA
\o
10
11 MICHAEL SMITH, CASE NO.: RG 04163436
12 Plaintiff,
[PeeeeP| ORDER RE MOTION TO
13 v. , TAX COSTS
14 JOHN E. HILL, MICHAEL GUTA,
LAW OFFICES OF JOHN E. HILL, and Date: February 3,2006
15 DOES 1 through 100, inclusive, Time: 8:45 am.
Dept.: 18
16 Defendants.
Action Filed: June 30, 2004
17
18 On February 3, 2006, Plaintiff Michael Smith’s motion to tax costs came on for
19 hearing before this Court. Based on the papers submitted, the pleadings in this matter, arguments
20 presented and GOOD CAUSE HAVING BEEN SHOWN THEREFORE, it is ordered:
21 Defendants John E. Hill, Michael Guta, and the Law Offices of John E. Hill are
22 hereby awarded costs in the amount of $ 33," 732.7%
23 IT IS SO ORDERED.
24
25 DATED: 72 B~3, 006 CECILIA CASTELLANOS
26 Superior Court Judge
27
28
[PROPOSED] ORDER RE MOTION TO TAX COSTS
SFH\834404.1
02237-00007
PROOE OF SERVICE
Smith v.John E. Hill, Michael Guta, etal.
WY
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
WY
I am employed in the county of aforesaid; I am over the age of eighteen years and
BP
not a party to the within entitled action; my business address is Four Embarcadero Center, Suite
300, San Francisco, California 94111-4168.
un
On February 6, 2006, I served the following document(s) described as
DH
SI
NOTICE OF ENTRY OF ORDER RE MOTION TO TAX COSTS
io <)
on the interested party(ies) in this action in the following manner:
[ ] BY E-MAIL: On the date setforth below, at San Francisco, California, I caused the
10
foregoing document(s) to be served by e-mail transmission to the e-mail address(es) set forth
below, aslast given by that person on any document which he or she has filed in the cause and
11
served onthe party making the service. The document(s) was(were) transmitted by e-mail from a
computer in the offices of Duane Morris. The e-mail transmission(s) was(were) reported as
12
delivered to the party(ies) at the indicated e-mail address(es), and no undeliverable message from
the recipient’s server was received by the sender of the e-mail. A copy of the e-mail transmission
13
confirmation(s) is(are) attached hereto.
14
[ ] BY FACSIMILE: On the date setforth below, at San Francisco, California, I caused the
foregoing document(s) to be transmitted by facsimile transmission. I am readily familiar with the
15
firm’s business practice regarding facsimile transmissions. According to that practice, the
document(s) will be transmitted by facsimile from the offices of Duane Morris that same day to
16
the law office(s) stated below to their known business facsimile number(s) and/or to the facsimile
number(s) maintained by the addressee(s) designated below atthe facsimile machine telephone
17
number as last given by that person on any document which he or she has filed in the cause and
served on the party making the service. The transmission(s) was(were) reported as complete and
18
without error. A copy of the transmission report(s) properly issued by one or more of Duane
19
Morris’ four Canon Laser Class facsimile machine(s) is(are) attached hereto.
[X] BY MAIL: On the date set forth below, at San Francisco, California, Iplaced the
20
document(s) in a sealed envelope(s), addressed as set forth below, for collection and mailing with
21
the United States Postal Service. Iam readily familiar with the firm’s practice for collection and
processing of correspondence for mailing with the United States Postal Service. According to that
practice, the correspondence will be deposited with the United States Postal Service that same day
22
in the ordinary course of business, with first-class prepaid postage thereon. Service made pursuant
to CCP § 1013a(3), upon motion of a party served, shall be presumed invalid ifthe postal
23
cancellation date or postage meter date on the envelope is more than one day after the date of
24
deposit for mailing contained in the affidavit.
25
[ ] BY OVERNIGHT DELIVERY: On the date set forth below, at San Francisco,
California, Iplaced the document(s) for overnight delivery in a box or location regularly
26
maintained by Federal Express (or other express courier service) at my office, or I delivered the
document(s) to an authorized courier or driver authorized by Federal Express (or other express
courier service) to receive documents. The document(s) was(were) placed in a sealed envelope(s)
27
or package(s) designated by Federal Express (or other express courier service), with delivery fees
28
paid or provided for, addressed as set forth below to the person(s) to whom the document(s)
HANCOCK ROTHERT & [SFDOC:2237-007-744004.3] __ 2 CV147233
BUNSHOFT LLP
FOUR EMBARCADERO
CENTER
SAN FRANCISCO, CA 94141 PROOF OF SERVICE
(415) 981-5550
should be delivered, at the office address(es) as last given by that person on any document filed in
the cause and served on the party making service; otherwise atthat party’s place of residence.
WNW
[ ] BY PERSONAL DELIVERY: On the date set forth below, at San Francisco, California,
I placed the above-referenced document(s) in a box or location regularly maintained at my office
Ww
for our messenger/courier service, or I delivered the envelope or package to a courier or driver
authorized by our messenger/courier service to receive documents. The document(s) was(were)
BP
placed in a sealed envelope or package designated by our messenger/courier service with delivery
fees paid or provided for, addressed to the person(s) on whom itis to be personally served at the
WwW
address(es) shown below, at the office address(es) as last given by that person on any document
filed in the cause and served on the party making service; otherwise at that party’s place of
Dn
residence. The messenger/courier service was provided with instructions that the envelope or
package be personally served on the addressee(s) by same day delivery (C.C.P. §1011).
ms
Attorneys for Plaintiff Attorneys for Cross-Complainants
wo
Michael Smith Philip J. Duncan, Duncan & Rainwater
William DeGarmo, Esq. John H. Feeney, Esq.
oO
McCann & Logue Thomas J. D’ Amato
10 1660 Hamilton Avenue, Suite 203 Murphy, Pearson, Bradley & Feeney
San Jose, CA 95125 88 Kearny Street, 10th Floor
11 Tel: (408) 269-8787 San Francisco, CA 94108
Fax: (408) 269-2321 Tel: (415) 788-1900
12 Fax: (415) 393-8087
13
14 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
15
Executed on February 6, 2006, at San Francisco, California.
16
17
18 lind
Cindy Fong V
Pr J
19
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25
26
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HANCOCK ROTHERT &
BUNSHOFT LLP [SFDOC:2237-007-744004.3]_ 3 CV147233
FOUR EMBARCADERO
CENTER
SAN FRANCISCO, CA 94111 PROOF OF SERVICE
(415) 981-5550
Preview
= Ct @ «ven *45717 WILLIAM J. CASEY (SBN 116531) ; ANDREW G. WANGER (SBN 166449) FE E L) CHRISTINA C. MARSHALL (SBN 209315) ALAM EDA COUNTY N HANCOCK ROTHERT & BUNSHOFT LLP Four Embarcadero Center, Suite 300 FER 09 2006 WW San Francisco, California 94111-4168 — Telephone: (415) 981-5550 CLERK OF Ti SUPERIOR COURT F&F Facsimile: (415) 955-2599 py helicase V vo Depuly nA Attorneys for Defendants MICHAEL GUTA, JOHN E. HILL and LAW OFFICES OF JOHN E. HILL sD SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ALAMEDA 10 11 MICHAEL SMITH, CASE NO.: RG 04163436 12 Plaintiff, NOTICE OF ENTRY OF ORDER RE 13 V. MOTION TO TAX COSTS 14 JOHN E. HILL, MICHAEL GUTA, LAW OFFICES OF JOHN E. HILL, and Date: February 3, 2006 15 DOES 1 through 100, inclusive, Time: 8:45 a.m. Dept.: 18 16 Defendants. Action Filed: June 30, 2004 17 18 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: 19 PLEASE TAKE NOTICE that on February 3, 2006, the court entered an Order 20 granting costs to Defendants John E. Hill, Michael Guta, and the Law Offices of John E. Hill in the 21 amount of $33,732.77. A copy of the Order is attached hereto as Exhibit A to this Notice. 22 DATED: February 3, 2006 DUANE MORRIS LLP FEB 08 2006 23 24 25 By: Lf YY Andrew G. Wan 26 Christina C. Marshall Attorneys for Defendants and Cross-Complainants 27 MICHAEL GUTA, JOHN E. HILL and LAW OFFICES OF JOHN E. HILL 28 NOTICE OF ENTRY OF ORDER SFH\834439.1 02237-00007 OO, ENDORSED WILLIAM J. CASEY (SBN 116531) FILED ANDREW G. WANGER (SBN 166449) ALAMEDA COUNTY CHRISTINA C. MARSHALL (SBN 209315) HANCOCK ROTHERT & BUNSHOFT LLP FEB 03 2008 WH Four Embarcadero Center, Suite 300 WY San Francisco, California 94111-4168 CLERK OF THE SUPERIOR COURT Telephone: (415) 981-5550 By MAY CHOO | Se Facsimile: (415) 955-2599 : Deputy OO Attorneys for Defendants MICHAEL GUTA, JOHN E. HILL and LAW OFFICES OF JOHN E. HILL NWN NN SUPERIOR COURT OF THE STATE OF CALIFORNIA oa FOR THE COUNTY OF ALAMEDA \o 10 11 MICHAEL SMITH, CASE NO.: RG 04163436 12 Plaintiff, [PeeeeP| ORDER RE MOTION TO 13 v. , TAX COSTS 14 JOHN E. HILL, MICHAEL GUTA, LAW OFFICES OF JOHN E. HILL, and Date: February 3,2006 15 DOES 1 through 100, inclusive, Time: 8:45 am. Dept.: 18 16 Defendants. Action Filed: June 30, 2004 17 18 On February 3, 2006, Plaintiff Michael Smith’s motion to tax costs came on for 19 hearing before this Court. Based on the papers submitted, the pleadings in this matter, arguments 20 presented and GOOD CAUSE HAVING BEEN SHOWN THEREFORE, it is ordered: 21 Defendants John E. Hill, Michael Guta, and the Law Offices of John E. Hill are 22 hereby awarded costs in the amount of $ 33," 732.7% 23 IT IS SO ORDERED. 24 25 DATED: 72 B~3, 006 CECILIA CASTELLANOS 26 Superior Court Judge 27 28 [PROPOSED] ORDER RE MOTION TO TAX COSTS SFH\834404.1 02237-00007 PROOE OF SERVICE Smith v.John E. Hill, Michael Guta, etal. WY STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO WY I am employed in the county of aforesaid; I am over the age of eighteen years and BP not a party to the within entitled action; my business address is Four Embarcadero Center, Suite 300, San Francisco, California 94111-4168. un On February 6, 2006, I served the following document(s) described as DH SI NOTICE OF ENTRY OF ORDER RE MOTION TO TAX COSTS io <) on the interested party(ies) in this action in the following manner: [ ] BY E-MAIL: On the date setforth below, at San Francisco, California, I caused the 10 foregoing document(s) to be served by e-mail transmission to the e-mail address(es) set forth below, aslast given by that person on any document which he or she has filed in the cause and 11 served onthe party making the service. The document(s) was(were) transmitted by e-mail from a computer in the offices of Duane Morris. The e-mail transmission(s) was(were) reported as 12 delivered to the party(ies) at the indicated e-mail address(es), and no undeliverable message from the recipient’s server was received by the sender of the e-mail. A copy of the e-mail transmission 13 confirmation(s) is(are) attached hereto. 14 [ ] BY FACSIMILE: On the date setforth below, at San Francisco, California, I caused the foregoing document(s) to be transmitted by facsimile transmission. I am readily familiar with the 15 firm’s business practice regarding facsimile transmissions. According to that practice, the document(s) will be transmitted by facsimile from the offices of Duane Morris that same day to 16 the law office(s) stated below to their known business facsimile number(s) and/or to the facsimile number(s) maintained by the addressee(s) designated below atthe facsimile machine telephone 17 number as last given by that person on any document which he or she has filed in the cause and served on the party making the service. The transmission(s) was(were) reported as complete and 18 without error. A copy of the transmission report(s) properly issued by one or more of Duane 19 Morris’ four Canon Laser Class facsimile machine(s) is(are) attached hereto. [X] BY MAIL: On the date set forth below, at San Francisco, California, Iplaced the 20 document(s) in a sealed envelope(s), addressed as set forth below, for collection and mailing with 21 the United States Postal Service. Iam readily familiar with the firm’s practice for collection and processing of correspondence for mailing with the United States Postal Service. According to that practice, the correspondence will be deposited with the United States Postal Service that same day 22 in the ordinary course of business, with first-class prepaid postage thereon. Service made pursuant to CCP § 1013a(3), upon motion of a party served, shall be presumed invalid ifthe postal 23 cancellation date or postage meter date on the envelope is more than one day after the date of 24 deposit for mailing contained in the affidavit. 25 [ ] BY OVERNIGHT DELIVERY: On the date set forth below, at San Francisco, California, Iplaced the document(s) for overnight delivery in a box or location regularly 26 maintained by Federal Express (or other express courier service) at my office, or I delivered the document(s) to an authorized courier or driver authorized by Federal Express (or other express courier service) to receive documents. The document(s) was(were) placed in a sealed envelope(s) 27 or package(s) designated by Federal Express (or other express courier service), with delivery fees 28 paid or provided for, addressed as set forth below to the person(s) to whom the document(s) HANCOCK ROTHERT & [SFDOC:2237-007-744004.3] __ 2 CV147233 BUNSHOFT LLP FOUR EMBARCADERO CENTER SAN FRANCISCO, CA 94141 PROOF OF SERVICE (415) 981-5550 should be delivered, at the office address(es) as last given by that person on any document filed in the cause and served on the party making service; otherwise atthat party’s place of residence. WNW [ ] BY PERSONAL DELIVERY: On the date set forth below, at San Francisco, California, I placed the above-referenced document(s) in a box or location regularly maintained at my office Ww for our messenger/courier service, or I delivered the envelope or package to a courier or driver authorized by our messenger/courier service to receive documents. The document(s) was(were) BP placed in a sealed envelope or package designated by our messenger/courier service with delivery fees paid or provided for, addressed to the person(s) on whom itis to be personally served at the WwW address(es) shown below, at the office address(es) as last given by that person on any document filed in the cause and served on the party making service; otherwise at that party’s place of Dn residence. The messenger/courier service was provided with instructions that the envelope or package be personally served on the addressee(s) by same day delivery (C.C.P. §1011). ms Attorneys for Plaintiff Attorneys for Cross-Complainants wo Michael Smith Philip J. Duncan, Duncan & Rainwater William DeGarmo, Esq. John H. Feeney, Esq. oO McCann & Logue Thomas J. D’ Amato 10 1660 Hamilton Avenue, Suite 203 Murphy, Pearson, Bradley & Feeney San Jose, CA 95125 88 Kearny Street, 10th Floor 11 Tel: (408) 269-8787 San Francisco, CA 94108 Fax: (408) 269-2321 Tel: (415) 788-1900 12 Fax: (415) 393-8087 13 14 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 15 Executed on February 6, 2006, at San Francisco, California. 16 17 18 lind Cindy Fong V Pr J 19 20 21 22 23 24 25 26 27 28 HANCOCK ROTHERT & BUNSHOFT LLP [SFDOC:2237-007-744004.3]_ 3 CV147233 FOUR EMBARCADERO CENTER SAN FRANCISCO, CA 94111 PROOF OF SERVICE (415) 981-5550