Clerk Notice: MARILYN DANIELS vs. ESTHER SIMONE ORENSTZAJN, et al

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                PATRICK K. O’BRIEN, ESQ. (SBN 167957)
                STEVEN PABROS, ESQ. (SBN 120952)
                GEORGE IRWIN, ESQ. (SBN 188463)
                O’BRIEN LAW, P.C.
                755 Baywood Drive, Suite 185
                Petaluma, California 94954
                Telephone:     (707) 789-6500
                Facsimile:     (707) 789-6520
                Email:         patrick@pobrienlaw.com
                               steve@pobrienlaw.com

                Attorneys for Defendant ESTHER      ORENSZTAIN


                                 SUPERIOR COURT OF THE STATE OF CALIFORNIA

                                            FOR THE COUNTY OF SAN MATEO

           10
                                                                     CASE NO.:         17CIV01881
           il   MARILYN DANIELS,
                                                                     DEFENDANT AND CROSS-DEFENDANT
OBse       12                         Plaintiff,                     ESTHER SIMONI ORENSTZAJN’S
  =38
    2SB                                                              PROPOSED JUDGMENT AFTER TRIAL
    233
      so   13          Vv.
a                                                                                va CIV—01881
    225
    £85
    aat    14   ESTHER SIMONE ORENSTZAJN; DAVID                                  Proposed Judgment Received
qe  ge          LEMOS; TERESA LEMOS; and DO!             -


                                                                                 | i | l | | | Ml
                                                                                 1940739
    Es
    =o
ae a8      15   inclusive;
  wae
           16                         Defendants.

           17
           18          This case came on regularly for trial on January 23, 2019 in Department 4 of the above-

           19   entitled court, the Honorable Nancy Fineman presiding.           Plaintiff and Cross-defendant Marilyn

           20   Daniels was represented     by ‘Sean Riley of Fox,    Shjeflo,     Hartley      & Babu.       Defendant   Esther

           21   Orenstzajn was represented by Steven Pabros from O'Brien Law P.C. Defendants David and Teresa

           22   Lemos appeared in propria persona. Cross-complainant Esther Orenstzajn was represented by Brian

           23   Irion and in pro per. Cross-defendant Peninsula Concrete Contractors, Inc. was represented ty

           24   Brian Newcomb.

           25           A jury of twelve persons and two alternates was duly impaneled and sworn, opening”

           26   statements by counsel for the parties were given, and witnesses were sworn and gave testimony.

           27   The jury was duly instructed by the court and heard closing arguments by counsel on February 6,

           28   2019, and the case was submitted to the jury. The Court concurrently heard testimony and evidence

                                                                 -1-


                                                                                                                          ee
                 DECLARATION OF STEVEN PABROS IN SUPPORT OF DEFENDANT’S OPPOSITION TOPLAINTIFF’S B.
                                             POST JURY TRIAL EQUITABLE ISSUES
gz
 2s
      ae
       %   %
NY                                              -




                on equitable issues alleged in Marilyn Daniels' first amended complaint and answer to Esther

                Orenstzajn's cross- complaint including declaratory relief, unjust enrichment and equitable estoppel.

                The jury deliberated, and thereafter returned to court on February 8, 2019, with its verdict

                consisting of the special issues submitted to the jury and the answers given thereto by the jury,

                which returned the special verdicts on the legal causes of action for:

                       qa)     Plaintiff's complaint against Esther Orenstzajn for recovery of costs for a division

                               fence pursuant to Civil Code§ 841, false promise and negligence;

                        Q)     Plaintiffs complaint against David and Teresa Lemos for recovery ofcosts for a

                               division fence pursuant to Civil Code§ 841, false promise and negligence; and

           10           G)     Esther Orenstzajn's cross-complaint for trespass against Marilyn Daniels and

           ll                  Peninsula Concrete Contractors, Inc.

   Bro     12           On February 13, 2019, the parties appeared at a post-jury trial status hearing. The Court
         12     Main: (650) 341-2900                              Attorneys for Defendant
  =38
   een           Attorneys for Plaintiff                           Peninsula Concrete Contractors, Inc.
   Bat           Marilyn Daniels
   AES
     ae   13
     EL
   ges
   ade    14     David Lemos and Teresa Lemos
gl Bo8
gees             1943 Bayview Ave
  ast     15
    a3           Belmont CA 94002
ae"       16     Main: (650) 703-4839
          17    I      (@Y MAIL) I caused a true copy of each document(s) to be placed in a sealed envelope with
          18    first-class postage affixed and placed the envelope for collection. Mail is collected daily at my
                office and placed in a United States Postal Service collection box for pickup and delivery that same
          19    day.

          20    L) @Y E-MAIL) I caused such documents to be sent via electronic transmission to the persons
                listed above.
          21

          22            I declare under penalty of perjury under the laws of the United States that the foregoing is
                true and correct. Executed July 17, 2019, at Petaluma, California.
          23

          24                                                                                   a
                                                                              ley       V. Norton
          25
          26
          27

          28
                                                                     -4-
                DECLARATION OF STEVEN PABROS IN SUPPORT OF DEFENDANT’S OPPOSITION TOPLAINTIFF’S BRIEF RE:
                                            POST JURY TRIAL EQUITABLE ISSUES