Preview
POS-040
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO) FOR COURT USE ONLY
ame: Andrew Kahn, SBN 129776; Amy Dunning, SBN 171408 Electronically Filed
FIRM NAME: California School Employees Association
Superior Court of California
STREET ADDRESS: 2045 Lundy Ave.
state: CA ZIP CODE: 95131
County of San J oaquin
city: San Jose
TELEPHONE NO.: 408-473-1000 FAX NO. 408-954-0948 2021-07-21 14:53:11
E-MAIL ADDRESS. Clerk: Taylor Hiedeman
JATTORNEY FOR (name): California School Employees Association
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Joaquin
STREET ADDRESS: 180 E. Weber Ave. 2nd Floor
MAILING ADDRESS: 180 E. Weber Ave. Suite 200
CITY AND ZIP CODE: Stockton CA 95202
BRANCH NAME. Civil
CASE NUMBER:
Plaintiff/Petitioner: Laureen Thompson STK-CV-LOCT-2021-0000038
Defendant/Respondent: CSEA, et al.
JUDICIAL OFFICER:
PROOF OF SERVICE—CIVIL Hon. Erin Guy Castillo
Check method of service (only one):
[) By Personal Service [5c] By Mail [1 By Overnight Delivery DEPARTMENT:
oB
[J By Messenger Service [] By Fax
Do not use this form to show service of a summons and compiaint or for electronic service.
See USE OF THIS FORM on page 3.
At the time of service | was over 18 years of age and not a party to this action.
My residence or business address is:
2045 Lundy Ave. San Jose CA 95131
[J The fax number from which | served the documents is (complete if service was by fax)
On (date): July 21, 2021 | served the following documents (specify).
DEFENDANT'S CASE MANAGEMENT STATEMENT
[_] The documents are listed in the Attachment to Proof of Service—Civil (Documents Served) (form POS-040(D))
| served the documents on the person or persons below, as follows:
a Name of person served: Laureen Thompson
b, [¢) (Complete if service was by personal service, mail, overnight delivery, or messenger service.)
Business or residential address where person was served:
P.O. Box 6366; Stockton CA 95206
c, [| (Complete if service was by fax.)
Fax number where person was served:
[] The names, addresses, and other applicable information about persons served is on the Attachment to Proof
of Service—
Civil (Persons Served) (form POS-040(P)).
The documents were served by the following means (specify).
a. [__] By personal service. | personally delivered the documents to the persons at the addresses listed in item 5. (1) Fora
party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by leaving the documents at the
attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an
individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left, by
leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For
a party, delivery was made to the party or by leaving the documents at the party's residence with some person not
younger than 18 years of age between the hours of eight in the morning and eight in the evening.
Page 1 of 3
Form Approved for Optional Use PROOF OF SERVICE—CIVIL Code of Civil Procedure, §§ 1011, 1013, 1013a,
Judicial Council of California 2015.5; Cal, Rules of Court, rule 2.306
POS-040 [Rev. January 1, 2020] (Proof of Service) www.courts.ca.gov
POS-040
CASE NAME: CASE NUMBER:
Thompson v. CSEA, et. al. STK-CV-LOCT-2021-0000038
6. b. [x] By United States mail. | enclosed the documents in a sealed envelope or package addressed to the persons at the
addresses in item 5 and (specify one):
(1) [-_] deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid.
(2) [4¢] placed the envelope for collection and mailing, following our ordinary business practices. | am readily familiar with this
business's practice for collecting and processing correspondence for mailing. On the same day that correspondence
is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal
Service, in a sealed envelope with postage fully prepaid.
| am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at
(city and state): SAN JOSE CA
e [J By overnight delivery. | enclosed the documents in an envelope or package provided by an overnight delivery carrier
and addressed to the persons at the addresses in item 5. | placed the envelope or package for collection and overnight
delivery at an office or a regularly utilized drop box of the overnight delivery carrier.
d. [J By messenger service. | served the documents by placing them in an envelope or package addressed to the persons at
the addresses listed in item 5 and providing them to a professional messenger service for service. (A declaration by the
messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.)
e [J By fax transmission. Based on an agreement of the parties to accept service by fax transmission, | faxed the documents
to the persons at the fax numbers listed in item 5. No error was reported by the fax machine that | used. A copy of the
record of the fax transmission, which | printed out, is attached.
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: July 21, 2021
Justine Wero
(TYPE OR PRINT NAME OF DECLARANT)
» WR or (SIGNATURE OF DECLARANT)
(If item 6d above is checked, the declaration below must be completed or a separate declaration from a messenger must be attached.)
DECLARATION OF MESSENGER
[-] By personal service. | personally delivered the envelope or package received from the declarant above to the persons at the
addresses listed in item 5. (1) For a party represented by an attorney, delivery was made (a) to the attorney personally; or (b) by
leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being served,
with a receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or
papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the
evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person
not younger than 18 years of age between the hours of eight in the morning and eight in the evening.
At the time of service, | was over 18 years of age. | am not a party to the above-referenced legal proceeding
| served the envelope or package, as stated above, on (date).
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(NAME OF DECLARANT)
» (SIGNATURE OF DECLARANT)
POS-040 [Rev. January 1, 2020] PROOF OF SERVICE—CIVIL Page 2 of 3
(Proof of Service)
Related Content
in San Joaquin County
Ruling
Joshua Delage et al. vs Mark Alan Wall et al.
May 16, 2024 |
STK-CV-URP-2023-0012309
Delage, et al. v. Wall, et al. – Case No. 2023-12309 5/16/24 – Demurrer Plaintiff/Cross-Complainant JOSHUA DELAGE filed a Demurrer to Defendant/Cross-Complainant MARK WALL’s Amended Answer on April 11, 2024. Plaintiff/Cross-Complainant DELAGE also filed a Reply on May 8, 2024. The Reply refers to an Opposition, however no Opposition was filed with the Court. It appears it may have been served, but not filed. As such, the Court continues Demurrer to July 16, 2024 at 9:00 am in Dept. 10B. Defendant/Cross-Complainant is ORDERED to file the Opposition served on Plaintiff/Cross-Complainant. No further briefing is allowed without leave of Court. Blanca A. Bañuelos Judge of the Superior Court
Ruling
South San Joaquin Irrigation District, A California Irrigation District et al. vs Pacific Gas and Electric Company, a California corporation et al.
Mar 21, 2023 |
STK-CV-UED-2016-0006638
2016-6638 South San Joaquin Irrigation District Motion for Stay Pending Writ 3/22/2023 Defendant Pacific Gas and Electric Company (PG&E) brings a Motion For Stay of Proceedings Pending Appeal and To Vacate Trial Date. Having read the moving papers, the opposition papers, and reply papers, the Court issues the following tentative ruling: On February 3, 2023, The California Court of Appeal Third Appellate District issued an OSC on PG&E’s Petition for Writ of Mandate which seeks to vacate this Court’s ruling on PG&E’s Motion in Limine for Determination of Standard of Proof and Evidentiary Issues at Right to Take Trial. South San Joaquin Irrigation District (SSJID) filed it’s Return by Answer to Petition for Writ of Mandate on or about March 6, 2023. On or about March 17, 2023, various third parties filed an Application for Permission to File Amicus Brief. The is no firm time line as to when the Third Appellate District will act on PG&E’s Petition. “Every court has the inherent power, in furtherance of justice, to regulate the proceedings of a trial before it; to effect an orderly disposition of the issues presented; and to control the conduct of all persons in any manner connected therewith. The exercise of this power is a matter vested in the sound discretion of the trial court. . .” (Schimmel v. Levin (2011) 195 Cal.App.4th 81, 87.) This inherent power includes the Court’s power to ensure the orderly administration of justice and control its own calendar and docket. (Walker v. Superior Court (1991) 53 Cal.3d 257, 266-267.) As the parties are well aware, this is an eminent domain case involving an electricity delivery system located within the SSJID. With the Third Appellate District agreeing to hear PG&E’s Petition for Writ of Mandate, the issue concerning the standard of proof remains uncertain. The Court finds the out come on PG&E’s Writ will dictate the scope of evidence and requisite standard of proof at trial. Therefore, the outcome on PG&E’s Writ will impact the scope of discovery in this case. The Court also believes that regardless of the outcome by the Third Appellate District, it is likely the Third District’s ruling will not be the last word. With the uncertainty as to the timeline in which the Third Appellate District will rule on the Writ, the impact of the ruling on the work-up of this case, the likelihood the Supreme Court will be asked to review the Third Appellate District’s ruling, and the scarcity of judicial resources, this Court believes the interest of justice and judicial economy favor the granting of the requested Stay. With the granting of the Stay the May 28, 2024, trial date must be vacated. The request to Stay the Superior Court proceedings and vacate the May 28, 2024, trial date is GRANTED. PG&E is to prepare an order for signature. This matter is set for a further status conference regarding status of the Stay for September 20, 2023, 8:30 a.m. If any party request a hearing on this tentative they may appear remotely via the Dept. 11B Dedicated Bridge Line. To attend the hearing remotely dial (209) 992-5590 and follow the prompts entering Bridge No. 6941 and Pin No. 5554. Thank you. WATERS 3/22/2023 Directions for Contesting or Arguing the Tentative Ruling: Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing. Any party wishing to contest or argue the tentative ruling must email the court at civilcourtclerks@sjcourts.org. that they intend to appear remotely no later than 4:00 PM on the day before the scheduled hearing. The Department, Case number, Case Name, and party’s name must be in the header of the email. The email must include the Department, Case number, Case Name, Motion, party’s name and email, date and time of the hearing, issues they plan to argue, and that they have informed the opposing party. The party must also notify affected counsel, or unrepresented parties, that they intend to appear, no later than 4:00 PM on the day before the scheduled hearing. Unless the Court and opposing counsel have been notified, the tentative ruling shall become the ruling of the Court without oral argument. As of July 6, 2021, attorneys may appear either in person or remotely at the law and motion hearing. To conduct a remote appearance, follow the instructions below. There is a dedicated conference bridge lines for Dept. 11B. Call into dedicated conference bridge line at the time set for the hearing. To attend the remote hearing in Dept. 11B: Call into (209) 992-5590, then follow the prompts and use the Bridge # 6941 and Pin # 5564. The courtroom clerk will make announcements and the Judge will call the calendar. Please mute your phones when you are not speaking, and remember to unmute your phone when you are speaking. At this time, we are not able to provide information over the phone. To communicate with the Courtroom Clerk of Dept. 11B, please email questions to civilcourtclerks@sjcourts.org, indicating in the title of the email the Department, Case number, Case Name, and party’s name. A Courtroom Clerk will return your email. To ensure the Court has your most recent contact information, if you have not already done so, please register your email address and mobile number on the Court’s website under Online Services, Attorney Registration. (You do not have to be an attorney to register.) We thank you for your cooperation, assistance, patience and flexibility.
Ruling
Evelyn Obligdo vs General Motors, LLC
Jul 11, 2024 |
STK-CV-UBC-2023-0005453
TENTATIVE RULING NOTICE Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing. Any party wishing to contest or argue the tentative ruling must email the court at civilcourtclerks@sjcourts.org. that they intend to appear remotely no later than 4:00 PM on the day before the scheduled hearing. The Department and Case Number must be in the header of the email. The email must include the Department, Case number, Case Name, Motion, party’s name and email, date and time of the hearing, issues they plan to argue, and that they have informed the opposing party. The party must also notify affected counsel, or unrepresented parties, that they intend to appear, no later than 4:00 PM on the day before the scheduled hearing. Unless the Court and opposing counsel have been notified, the tentative ruling shall become the ruling of the Court without oral argument. To attend the remote hearing with Judge Kronlund in Dept. 10-D: Call into (209) 992-5590, then follow the prompts and use the Bridge # and Pin # as follows: Bridge # 6940 Pin # 3782 Tentative Ruling Plaintiff's motion for order deeming RFA's admitted is Granted. CCP Sections 2033.280, 2023.010. No opposition filed. Court will sign the proposed Order submitted with this motion. Barbara A. Kronlund
Ruling
Ariele Fowler et al. vs Convair Group, LLC
Jul 12, 2024 |
STK-CV-UPI-2021-0001000
The court having read and considered Plaintiffs' Motion to Strike Defendant Convair Group, LLC's Answer rules as follows. Plaintiff seeks an order striking Defendant's Answer filed April 20, 2021 asserting that Defendant is an entity which cannotlawfully represent itself citing case law governing corporations. However, Defendant's Answer was filed by attorneys for Defendant and no owners, officers nor directors or any individual has attempted to make an appearance for Defendant LLC. The court finds no grounds to strike Defendant's Answer. Plaintiffs' Motion is DENIED. Hon. George J. Abdallah, Jr. Judge of the Superior Court
Ruling
TPine Leasing Capital L.P., a Delaware limited partnership vs Mehakdeep Singh et al.
Jul 09, 2024 |
STK-CV-UBC-2023-0008267
The court is informed Defendant filed supporting documents July 9, 2024 and has failed to provide a proof of service of such documents on Plaintiff's counsel. Therefore, further hearing on Defendants' Motion to Set Aside Default is continued to August 6, 2024 at 9:00am in Department 10A to allow Defendants an opportunity to provide proof of service so the court may consider any recently filed documents without violating canons regarding ex parte communications. Hon. George J. Abdallah, Jr. Judge of the Superior Court
Ruling
Calchef Foods, LLC vs American Custom Meats, LLC
Jul 12, 2024 |
STK-CV-UBC-2020-0004353
Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing. Any party wishing to contest or argue the tentative ruling must email the court at civilcourtclerks@sjcourts.org. that they intend to appear in person or remotely no later than 4:00 PM on the day before the scheduled hearing. The Department and Case Number must be in the header of the email. The email must include the Department, Case number, Case Name, Motion, party’s name and email, date and time of the hearing, issues they plan to argue, and that they have informed the opposing party. The party must also notify affected counsel, or unrepresented parties, that they intend to appear, no later than 4:00 PM on the day before the scheduled hearing. Unless the Court and opposing counsel have been notified, the tentative ruling shall become the ruling of the Court without oral argument. To attend the hearing remotely in Dept. 10-D: Call into (209) 992-5590, then follow the prompts and use the Bridge # and Pin # as follows Bridge # 6940 Pin # 3782 TENTATIVE RULING - On its own motion, the Court continues the Demurrer and Case Management Conference to September 26, 2024 at 9:00 A.M. in Department 10D. The Court will post a Tentative Ruling pursuant to the Court's Tentative Ruling procedure as set forth in the Local Rules. No oral argument will be allowed as to this continuance. Barbara A. Kronlund
Ruling
Xochitl Paderes vs Motecuzoma "Motec" Sanchez et al.
Jul 12, 2024 |
STK-CV-UD-2024-0003362
Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing. Any party wishing to contest or argue the tentative ruling must email the court at civilcourtclerks@sjcourts.org. that they intend to appear in person or remotely no later than 4:00 PM on the day before the scheduled hearing. The Department and Case Number must be in the header of the email. The email must include the Department, Case number, Case Name, Motion, party’s name and email, date and time of the hearing, issues they plan to argue, and that they have informed the opposing party. The party must also notify affected counsel, or unrepresented parties, that they intend to appear, no later than 4:00 PM on the day before the scheduled hearing. Unless the Court and opposing counsel have been notified, the tentative ruling shall become the ruling of the Court without oral argument. To attend the hearing remotely in Dept. 10-D: Call into (209) 992-5590, then follow the prompts and use the Bridge # and Pin # as follows Bridge # 6940 Pin # 3782 TENTATIVE RULING - On its own motion, the Court continues the Demurrer to October 10, 2024 at 9:00 A.M. in Department 10D. The Court will post a Tentative Ruling pursuant to the Court's Tentative Ruling procedure as set forth in the Local Rules. No oral argument will be allowed as to this continuance. Barbara A. Kronlund