On April 17, 2018 a
Challenge against Judicial Officer sent to Department 20Pursuant to CCP Section 170.6 - Challenge against Judicial Officer sent to Department
was filed
involving a dispute between
Trujillo, Bryan,
Trujillo, Cindy,
and
Does 1-20,
Does 1-50,
Magee, Stephen,
Sac Aero Flying Club, Inc.,
for (23) Unlimited Other PI/PD/WD
in the District Court of San Mateo County.
Preview
12/17/2020
1 MICHAEL S. DANKO, ESQ. SBN 111359
mdanko@dankolaw.com
2 SHAWN R. MILLER, ESQ. SBN 238447
smiller@dankolaw.com
3 DANKO MEREDITH
333 Twin Dolphin Drive, Suite 145
4 Redwood Shores, CA 94065
Telephone: (650) 453-3600
5 Facsimile: (650) 394-8672
6 Attorneys for Plaintiffs
BRYAN TRUJILLO and CINDY TRUJILLO
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SAN MATEO
10 UNLIMITED CIVIL JURISDICTION
11 BRYAN TRUJILLO and CINDY TRUJILLO, Case No. 18CIV01901
12 Plaintiffs, NOTICE OF MOTION AND MOTION
EXERCISING PEREMPTORY
13 v. CHALLENGE.
14 STEPHEN MAGEE, SAC AERO FLYING [Code Civ. Proc., §170.6]
CLUB, INC., AND DOES 1 - 50,
15
Defendants Date: TBD
16 Time: TBD
Location: TBD
17
Complaint filed: April 17, 2018
18 Trial Date: TBD
19
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21 TO THE PRESIDING JUDGE OF THE ABOVE-ENTITLED COURT:
22 PLEASE TAKE NOTICE that Plaintiffs seek an order granting their peremptory challenge
23 and, if the court deems it necessary, a hearing on the plaintiffs’ motion exercising peremptory
24 challenge on a date and time to be determined by the Court.
25
26 Plaintiffs hereby move that the above captioned matter, involving contested issues of law of
27 fact and which has been called for trial call three times before the Presiding Judge, which has been
28 assigned for all purposes to the Honorable Gerald J. Buchwald, be reassigned from that Judge, and
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NOTICE OF MOTION AND MOTION EXERCISING PEREMPTORY CHALLENGE.
1 that no matters hereinafter arising in this cause be heard or assigned to the Judge Buchwald, on the
2 ground that plaintiffs believe Judge Buchwald to be prejudiced against them, their counsel of record,
3 and/or their interests.
4 This motion is based on the matters contained herein, on Code of Civil Procedure section
5 170.6, and on the supporting papers including the Declaration of Michael S. Danko filed herewith.
6 WHEREFORE, PLAINTIFFS pray that the relief herein requested be granted.
7
8 Date: December 17, 2020 DANKO MEREDITH
9
______________________________
10 MICHAEL S. DANKO
SHAWN R. MILLER
11 Attorneys for Plaintiffs
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NOTICE OF MOTION AND MOTION EXERCISING PEREMPTORY CHALLENGE.
Document Filed Date
December 17, 2020
Case Filing Date
April 17, 2018
Category
(23) Unlimited Other PI/PD/WD
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12/17/2020 1 MICHAEL S. DANKO, ESQ. SBN 111359 mdanko@dankolaw.com 2 SHAWN R. MILLER, ESQ. SBN 238447 smiller@dankolaw.com 3 DANKO MEREDITH 333 Twin Dolphin Drive, Suite 145 4 Redwood Shores, CA 94065 Telephone: (650) 453-3600 5 Facsimile: (650) 394-8672 6 Attorneys for Plaintiffs BRYAN TRUJILLO and CINDY TRUJILLO 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN MATEO 10 UNLIMITED CIVIL JURISDICTION 11 BRYAN TRUJILLO and CINDY TRUJILLO, Case No. 18CIV01901 12 Plaintiffs, NOTICE OF MOTION AND MOTION EXERCISING PEREMPTORY 13 v. CHALLENGE. 14 STEPHEN MAGEE, SAC AERO FLYING [Code Civ. Proc., §170.6] CLUB, INC., AND DOES 1 - 50, 15 Defendants Date: TBD 16 Time: TBD Location: TBD 17 Complaint filed: April 17, 2018 18 Trial Date: TBD 19 20 21 TO THE PRESIDING JUDGE OF THE ABOVE-ENTITLED COURT: 22 PLEASE TAKE NOTICE that Plaintiffs seek an order granting their peremptory challenge 23 and, if the court deems it necessary, a hearing on the plaintiffs’ motion exercising peremptory 24 challenge on a date and time to be determined by the Court. 25 26 Plaintiffs hereby move that the above captioned matter, involving contested issues of law of 27 fact and which has been called for trial call three times before the Presiding Judge, which has been 28 assigned for all purposes to the Honorable Gerald J. Buchwald, be reassigned from that Judge, and -1- NOTICE OF MOTION AND MOTION EXERCISING PEREMPTORY CHALLENGE. 1 that no matters hereinafter arising in this cause be heard or assigned to the Judge Buchwald, on the 2 ground that plaintiffs believe Judge Buchwald to be prejudiced against them, their counsel of record, 3 and/or their interests. 4 This motion is based on the matters contained herein, on Code of Civil Procedure section 5 170.6, and on the supporting papers including the Declaration of Michael S. Danko filed herewith. 6 WHEREFORE, PLAINTIFFS pray that the relief herein requested be granted. 7 8 Date: December 17, 2020 DANKO MEREDITH 9 ______________________________ 10 MICHAEL S. DANKO SHAWN R. MILLER 11 Attorneys for Plaintiffs 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- NOTICE OF MOTION AND MOTION EXERCISING PEREMPTORY CHALLENGE.