On May 10, 2019 a
Order
was filed
involving a dispute between
Paycheck, Louis,
Sarna, Punit K.,
and
Does 1-30, Inclusive,
Sarna, Puja,
Sarna, Punit K.,
for (06) Unlimited Breach of Contract/Warranty
in the District Court of San Mateo County.
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KELLY LITIGATION GROUP, INC.
RICHARD M. KELLY, ESQ. (SBN 154504)
MICHAEL MENGARELLI ESQ. (SBN 215000)
306 Lorton Avenue
Burlingame, CA 94010
Tel: 650—591—2282
Fax: 650-591-2292
Attorneys for Plaintiff & Cross Defendant,
LOUIS PAYCHECK dba
EUROPEAN ENTERPRISES
IN TI-[E SUPERIOR COURT OF THE STATE OF CALIFORNLA
IN AND FOR THE COUNTY OF SAN MATEO
UNLIMITED CIVIL JURISDICTION
LOUIS PAYCI—IECK dba EUROPEAN Case No.: 19 CIV 02595
ENTERPRISES,
_ _
ORDER GRANTING RELIEF FROM
Plamtlff, JURY FEE DEPOSIT WAIVER
VS-
[C.C.P. §§473; 631]
PUNIT K. SARNA. et a1,
Date: April 26, 2021
Defendants. Time: 2:00 p.m.
Dept: 4; Hon. Nancy L. Fineman, Judge
AND RELATED CROSS-ACTION
This matter came for regularly Noticed Hearing on April 26, 2021 in Dept. 4, Hon.
Nancy L. Fineman, Judge presiding on Plaintiff/Cross—Defendant LOUIS PAYCHECK
dba EUROPEAN ENTERPRISES, motion for relief from a jury fee waiver.
The Motion was opposed by Defendant/Cross Complainant PUNIT K. SARNA.
The Court having reviewed the moving papers and opposition papers along with
oral argument of counsel rules as follows:
IT IS HEREBY ORDER that Plaintiff/Cross—Defendant’s Motion for Relief from
Jury Fee waiver is GRANTED.
28
Kelly Lifigation Group
F’C
ORDER GRANTING RELIEF FROM JURY FEE DEPOSIT WAIVER
R E @ E E E Es
SAN MATEO mum-v
MAY 0 3 2021
Clerk of the Superior Com
WWW, DEPUTY/menu
The Court nds that good cause by C.C.P. §473 declaration of Mr. Kelly with
regard to his mistake and excusable neglect yet concerted efforts to immediately attempt to
remedy non—payment ofjury fees pursuant to C.C.P. §631 is good cause for the relief. The
court does not nd actual prejudice or hardship to the Defendant/Cross Complainant.
FURTHER, Defendant/Cross Complainant request for attorney’s fees in the event
the motion is granted isDENIED because no authority or legal basis for such attorney’s
fees award as sanction, or otherwise, was provided.
FURTHER, Plaintiff/Cross-Defendant shall pay the $150.00 jury fee deposit to the
clerk ofthe court with a copy of this Order within—5 business days of its eiecution.
1o SO ORDERED.
11
12 Dated:
13
14 By:
15
Hon. Nancy L. Fineman, Judge
16 Superior Court of California
County of San Mateo
17
18
19
20 Approved as to Form only.
21
Matthew Haulk, Esq.
22
23
24
25
26
27
28
Kelly Litigation Gruup
APC -2-
ORDER GRANTING RELIEF FROM JURY FEE DEPOSIT WAIVER
Document Filed Date
May 06, 2021
Case Filing Date
May 10, 2019
Category
(06) Unlimited Breach of Contract/Warranty
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KELLY LITIGATION GROUP, INC. RICHARD M. KELLY, ESQ. (SBN 154504) MICHAEL MENGARELLI ESQ. (SBN 215000) 306 Lorton Avenue Burlingame, CA 94010 Tel: 650—591—2282 Fax: 650-591-2292 Attorneys for Plaintiff & Cross Defendant, LOUIS PAYCHECK dba EUROPEAN ENTERPRISES IN TI-[E SUPERIOR COURT OF THE STATE OF CALIFORNLA IN AND FOR THE COUNTY OF SAN MATEO UNLIMITED CIVIL JURISDICTION LOUIS PAYCI—IECK dba EUROPEAN Case No.: 19 CIV 02595 ENTERPRISES, _ _ ORDER GRANTING RELIEF FROM Plamtlff, JURY FEE DEPOSIT WAIVER VS- [C.C.P. §§473; 631] PUNIT K. SARNA. et a1, Date: April 26, 2021 Defendants. Time: 2:00 p.m. Dept: 4; Hon. Nancy L. Fineman, Judge AND RELATED CROSS-ACTION This matter came for regularly Noticed Hearing on April 26, 2021 in Dept. 4, Hon. Nancy L. Fineman, Judge presiding on Plaintiff/Cross—Defendant LOUIS PAYCHECK dba EUROPEAN ENTERPRISES, motion for relief from a jury fee waiver. The Motion was opposed by Defendant/Cross Complainant PUNIT K. SARNA. The Court having reviewed the moving papers and opposition papers along with oral argument of counsel rules as follows: IT IS HEREBY ORDER that Plaintiff/Cross—Defendant’s Motion for Relief from Jury Fee waiver is GRANTED. 28 Kelly Lifigation Group F’C ORDER GRANTING RELIEF FROM JURY FEE DEPOSIT WAIVER R E @ E E E Es SAN MATEO mum-v MAY 0 3 2021 Clerk of the Superior Com WWW, DEPUTY/menu The Court nds that good cause by C.C.P. §473 declaration of Mr. Kelly with regard to his mistake and excusable neglect yet concerted efforts to immediately attempt to remedy non—payment ofjury fees pursuant to C.C.P. §631 is good cause for the relief. The court does not nd actual prejudice or hardship to the Defendant/Cross Complainant. FURTHER, Defendant/Cross Complainant request for attorney’s fees in the event the motion is granted isDENIED because no authority or legal basis for such attorney’s fees award as sanction, or otherwise, was provided. FURTHER, Plaintiff/Cross-Defendant shall pay the $150.00 jury fee deposit to the clerk ofthe court with a copy of this Order within—5 business days of its eiecution. 1o SO ORDERED. 11 12 Dated: 13 14 By: 15 Hon. Nancy L. Fineman, Judge 16 Superior Court of California County of San Mateo 17 18 19 20 Approved as to Form only. 21 Matthew Haulk, Esq. 22 23 24 25 26 27 28 Kelly Litigation Gruup APC -2- ORDER GRANTING RELIEF FROM JURY FEE DEPOSIT WAIVER