On May 10, 2019 a
Motion-Secondary
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.
Preview
KELLY LITIGATION GROUP, INC.
1 RICHARD M. KELLY, ESQ. (SBN 154504)
MICHAEL MENGARELLI ESQ. (SBN 215000)
2
306 Lorton Avenue
3 Burlingame, CA 94010
Tel: 650-591-2282
4 Fax: 650-591-2292
5
Attorneys for Plaintiff & Cross Defendant, 9/30/2021
6 LOUIS PAYCHECK dba
EUROPEAN ENTERPRISES
7
8
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
IN AND FOR THE COUNTY OF SAN MATEO
10
UNLIMITED CIVIL JURISDICTION
11
12 LOUIS PAYCHECK dba EUROPEAN Case No.: 19 CIV 02595
13 ENTERPRISES,
ORDER RE:
14 Plaintiff, -CREDIT OF SETTLING SURETY
vs. PARTY
15
-ATTORNEYS FEES & INTEREST
PUNIT K. SARNA. et al.,
16
17 Defendants.
Hearing Date: October 26, 2021
18 Time: 2:00 p.m.
Dept: 4; Hon. Nancy L. Fineman, Judge
19
20
AND RELATED CROSS-ACTION
21
This matter came for regularly Noticed Hearing on October 26, 2021 in Dept. 4,
22
Hon. Nancy L. Fineman, Judge presiding on the following motions:
23
a. Motion of Defendant/Cross Complainant PUNIT K. SARNA for prevailing party
24
attorney’s fees and interest;
25
b. Motion of Plaintiff/Cross-Defendant LOUIS PAYCHECK dba EUROPEAN
26
ENTERPRISES, for a credit related to the settlement of party Suretec Indemnity
27 Insurance Company and prevailing party attorney’s fees.
28
Kelly Litigation Group
PC
ORDER RE:-CREDIT OF SETTLING SURETY PARTY -ATTORNEYS FEES & INTEREST
1 The Motion was opposed by the respective parties as to the other’s motion.
2 The Court having reviewed the moving papers and opposition papers along with
3 oral argument of counsel rules as follows:
4 IT IS HEREBY ORDERED that Defendant/Cross Complainant PUNIT K.
5 SARNA’s motion for prevailing party attorney’s fees and Plaintiff/Cross-Defendant
6 LOUIS PAYCHECK dba EUROPEAN ENTERPRISES’ motion for prevailing party
7 attorney’s fees are both DENIED. The contract between the parties did not contain a
8 prevailing party attorney’s fees provision and the only legal issue tried before the court
9 was B&P 7031 which does not contain a prevailing party attorney’s fees provision. All
10 other causes were voluntarily dismissed or determined not to exist and never tried or
11 determined by the court.
12 IT IS HEREBY ORDERED that Defendant/Cross Complainant PUNIT K.
13 SARNA’s motion for pre-judgment interest is granted as the B&P 7031 issued tried. The
14 court finds that the appropriate sum is $32,666.92.
15 IT IS HEREBY ORDERED Plaintiff/Cross-Defendant LOUIS PAYCHECK dba
16 EUROPEAN ENTERPRISES, as the principal responsible on the bond monies paid to
17 SARNA, that LOUIS PAYCHECK dba EUROPEAN ENTERPRISES is entitled to a
18 credit for that amount against any judgment of the court.
19 SO ORDERED.
20
21 Dated:
22
By:
23
24 Hon. Nancy L. Fineman, Judge
25 Superior Court of California
County of San Mateo
26
27
28
Kelly Litigation Group
APC -2-
ORDER RE:-CREDIT OF SETTLING SURETY PARTY -ATTORNEYS FEES & INTEREST
Document Filed Date
September 30, 2021
Case Filing Date
May 10, 2019
Category
(06) Unlimited Breach of Contract/Warranty
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
KELLY LITIGATION GROUP, INC. 1 RICHARD M. KELLY, ESQ. (SBN 154504) MICHAEL MENGARELLI ESQ. (SBN 215000) 2 306 Lorton Avenue 3 Burlingame, CA 94010 Tel: 650-591-2282 4 Fax: 650-591-2292 5 Attorneys for Plaintiff & Cross Defendant, 9/30/2021 6 LOUIS PAYCHECK dba EUROPEAN ENTERPRISES 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN MATEO 10 UNLIMITED CIVIL JURISDICTION 11 12 LOUIS PAYCHECK dba EUROPEAN Case No.: 19 CIV 02595 13 ENTERPRISES, ORDER RE: 14 Plaintiff, -CREDIT OF SETTLING SURETY vs. PARTY 15 -ATTORNEYS FEES & INTEREST PUNIT K. SARNA. et al., 16 17 Defendants. Hearing Date: October 26, 2021 18 Time: 2:00 p.m. Dept: 4; Hon. Nancy L. Fineman, Judge 19 20 AND RELATED CROSS-ACTION 21 This matter came for regularly Noticed Hearing on October 26, 2021 in Dept. 4, 22 Hon. Nancy L. Fineman, Judge presiding on the following motions: 23 a. Motion of Defendant/Cross Complainant PUNIT K. SARNA for prevailing party 24 attorney’s fees and interest; 25 b. Motion of Plaintiff/Cross-Defendant LOUIS PAYCHECK dba EUROPEAN 26 ENTERPRISES, for a credit related to the settlement of party Suretec Indemnity 27 Insurance Company and prevailing party attorney’s fees. 28 Kelly Litigation Group PC ORDER RE:-CREDIT OF SETTLING SURETY PARTY -ATTORNEYS FEES & INTEREST 1 The Motion was opposed by the respective parties as to the other’s motion. 2 The Court having reviewed the moving papers and opposition papers along with 3 oral argument of counsel rules as follows: 4 IT IS HEREBY ORDERED that Defendant/Cross Complainant PUNIT K. 5 SARNA’s motion for prevailing party attorney’s fees and Plaintiff/Cross-Defendant 6 LOUIS PAYCHECK dba EUROPEAN ENTERPRISES’ motion for prevailing party 7 attorney’s fees are both DENIED. The contract between the parties did not contain a 8 prevailing party attorney’s fees provision and the only legal issue tried before the court 9 was B&P 7031 which does not contain a prevailing party attorney’s fees provision. All 10 other causes were voluntarily dismissed or determined not to exist and never tried or 11 determined by the court. 12 IT IS HEREBY ORDERED that Defendant/Cross Complainant PUNIT K. 13 SARNA’s motion for pre-judgment interest is granted as the B&P 7031 issued tried. The 14 court finds that the appropriate sum is $32,666.92. 15 IT IS HEREBY ORDERED Plaintiff/Cross-Defendant LOUIS PAYCHECK dba 16 EUROPEAN ENTERPRISES, as the principal responsible on the bond monies paid to 17 SARNA, that LOUIS PAYCHECK dba EUROPEAN ENTERPRISES is entitled to a 18 credit for that amount against any judgment of the court. 19 SO ORDERED. 20 21 Dated: 22 By: 23 24 Hon. Nancy L. Fineman, Judge 25 Superior Court of California County of San Mateo 26 27 28 Kelly Litigation Group APC -2- ORDER RE:-CREDIT OF SETTLING SURETY PARTY -ATTORNEYS FEES & INTEREST