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1 ERIC C. MCALLISTER, ESQ., SBN 252567
ecm@millermorton.com
2 LUKE TWOMEY, ESQ., SBN 317901
lpt@millermorton.com
3 MILLER, MORTON, CAILLAT & NEVIS, LLP
2001 Gateway Place, Suite 220W
4 San Jose, California 95110
Telephone: (408) 292-1765
5 Facsimile: (408) 436-8272
6 Attorneys for Plaintiff
Nemat Maleksalehi
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SANTA CRUZ
10
11 NEMAT MALEKSALEHI, Case No.: 18CV02004
12 Plaintiff, [PROPOSED] ORDER SUBSTITUTING
REAL PARTY IN INTEREST SHAHRAM
13 vs. TABATABAI AS PLAINTIFF IN
SUBSTITUTION OF MALEK, OR, IN THE
14 SHAHRAM TABATABAI, an individual; ALTERNATIVE, FOR LEAVE TO AMEND
JEANNE TURNER TABATABAI, an PLAINTIFF’S COMPLAINT TO
15 individual; and DOES 1 through 10, inclusive SUBSTITUTE REAL PARTY IN
INTEREST SHAHRAM TABATABAI AS
16 Defendants. PLAINTIFF, OR, AS A THIRD AND FINAL
ALTERNATIVE, FOR AN ORDER
17 SHORTENING TIME FOR HEARING A
NOTICED MOTION REGARDING THE
18 SAME
19 Date: March 11, 2022
AND RELATED CROSS-ACTION. Time: 1:00pm
20 Dept: 10
Before: Hon. Paul M. Marigonda
21
22
MILLER, MORTON, CAILLAT & NEVIS, LLP
2001 Gateway Place, Suite 220W
23 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Telephone: (408) 292-1765
San Jose, California 95110
24 The application of Plaintiff Nemat Maleksalehi (hereinafter “Malek”) for an order
25 substituting real party in interest Shahram Tabatabai as Plaintiff in substitution of Malek, or, in
26 the alternative, for leave to amend Plaintiff’s complaint to substitute real party in interest
27 Shahram Tabatabai as Plaintiff, or, as a third and final alternative, for an order shortening time
28 for hearing a noticed motion regarding the same to a date as soon as the Court’s calendar allows,
1
[PROPOSED] ORDER SUBSTITUTING REAL PARTY IN INTEREST
1 came on for hearing, on an ex parte basis before this Court on March 11, 2022, Honorable Judge
2 Paul M. Marigonda. On proof made to the satisfaction of the Court that the application ought, in
3 furtherance of justice, to be granted,
4 IT IS ORDERED that Plaintiffs’ application for an order substituting real party in
5 interest Shahram Tabatabai as Plaintiff in substitution of Malek herein be, and it hereby is,
6 GRANTED.
7 (IN THE ALTERNATIVE)
8 IT IS ORDERED that Plaintiff’s application for an order granting leave to amend
9 Plaintiff’s complaint to substitute real party in interest Shahram Tabatabai herein be, and it
10 hereby is, GRANTED.
11 IT IS FURTHER ORDERED that Plaintiff’s amended complaint must be filed and
12 served by _____________________, 2022.
13 (AS A THIRD ALTERNATIVE)
14 IT IS ORDERED that Plaintiffs’ application for an order shortening time for hearing
15 Plaintiffs’ motion to substitute real party in interest Shahram Tabatabai as Plaintiff in
16 substitution of Malek, or, in the alternative, for leave to amend Plaintiff’s complaint to substitute
17 real party in interest Shahram Tabatabai as Plaintiff herein be, and it hereby is, GRANTED.
18 IT IS FURTHER ORDERED that the hearing on Plaintiffs’ motion to substitute real
19 party in interest Shahram Tabatabai as Plaintiff in substitution of Malek, or, in the alternative,
20 for leave to amend Plaintiff’s complaint to substitute real party in interest Shahram Tabatabai as
21 Plaintiff herein will be held before the undersigned Judge on _______________________, 2022,
22 at ________________ a.m. in Department ___, of the above-entitled Court, located at 701
MILLER, MORTON, CAILLAT & NEVIS, LLP
2001 Gateway Place, Suite 220W
23 Ocean Street, Santa Cruz, California 95060.
Telephone: (408) 292-1765
San Jose, California 95110
24 IT IS FURTHER ORDERED that Opposition to Plaintiffs’ motion to substitute real
25 party in interest Shahram Tabatabai as Plaintiff in substitution of Malek, or, in the alternative,
26 for leave to amend Plaintiff’s complaint to substitute real party in interest Shahram Tabatabai as
27 Plaintiff must be filed and served by ____________________, 2022.
28 //
2
[PROPOSED] ORDER SUBSTITUTING REAL PARTY IN INTEREST
1 IT IS FURTHER ORDERED that replies to Oppositions to Plaintiffs’ motion to
2 substitute real party in interest Shahram Tabatabai as Plaintiff in substitution of Malek, or, in the
3 alternative, for leave to amend Plaintiff’s complaint to substitute real party in interest Shahram
4 Tabatabai as Plaintiff must be filed and served by ______________, 2022.
5
6 DATED: By:
Hon. Paul M. Marigonda
7 Judge of the Superior Court
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MILLER, MORTON, CAILLAT & NEVIS, LLP
2001 Gateway Place, Suite 220W
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Telephone: (408) 292-1765
San Jose, California 95110
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[PROPOSED] ORDER SUBSTITUTING REAL PARTY IN INTEREST
Preview
1 ERIC C. MCALLISTER, ESQ., SBN 252567 ecm@millermorton.com 2 LUKE TWOMEY, ESQ., SBN 317901 lpt@millermorton.com 3 MILLER, MORTON, CAILLAT & NEVIS, LLP 2001 Gateway Place, Suite 220W 4 San Jose, California 95110 Telephone: (408) 292-1765 5 Facsimile: (408) 436-8272 6 Attorneys for Plaintiff Nemat Maleksalehi 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SANTA CRUZ 10 11 NEMAT MALEKSALEHI, Case No.: 18CV02004 12 Plaintiff, [PROPOSED] ORDER SUBSTITUTING REAL PARTY IN INTEREST SHAHRAM 13 vs. TABATABAI AS PLAINTIFF IN SUBSTITUTION OF MALEK, OR, IN THE 14 SHAHRAM TABATABAI, an individual; ALTERNATIVE, FOR LEAVE TO AMEND JEANNE TURNER TABATABAI, an PLAINTIFF’S COMPLAINT TO 15 individual; and DOES 1 through 10, inclusive SUBSTITUTE REAL PARTY IN INTEREST SHAHRAM TABATABAI AS 16 Defendants. PLAINTIFF, OR, AS A THIRD AND FINAL ALTERNATIVE, FOR AN ORDER 17 SHORTENING TIME FOR HEARING A NOTICED MOTION REGARDING THE 18 SAME 19 Date: March 11, 2022 AND RELATED CROSS-ACTION. Time: 1:00pm 20 Dept: 10 Before: Hon. Paul M. Marigonda 21 22 MILLER, MORTON, CAILLAT & NEVIS, LLP 2001 Gateway Place, Suite 220W 23 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Telephone: (408) 292-1765 San Jose, California 95110 24 The application of Plaintiff Nemat Maleksalehi (hereinafter “Malek”) for an order 25 substituting real party in interest Shahram Tabatabai as Plaintiff in substitution of Malek, or, in 26 the alternative, for leave to amend Plaintiff’s complaint to substitute real party in interest 27 Shahram Tabatabai as Plaintiff, or, as a third and final alternative, for an order shortening time 28 for hearing a noticed motion regarding the same to a date as soon as the Court’s calendar allows, 1 [PROPOSED] ORDER SUBSTITUTING REAL PARTY IN INTEREST 1 came on for hearing, on an ex parte basis before this Court on March 11, 2022, Honorable Judge 2 Paul M. Marigonda. On proof made to the satisfaction of the Court that the application ought, in 3 furtherance of justice, to be granted, 4 IT IS ORDERED that Plaintiffs’ application for an order substituting real party in 5 interest Shahram Tabatabai as Plaintiff in substitution of Malek herein be, and it hereby is, 6 GRANTED. 7 (IN THE ALTERNATIVE) 8 IT IS ORDERED that Plaintiff’s application for an order granting leave to amend 9 Plaintiff’s complaint to substitute real party in interest Shahram Tabatabai herein be, and it 10 hereby is, GRANTED. 11 IT IS FURTHER ORDERED that Plaintiff’s amended complaint must be filed and 12 served by _____________________, 2022. 13 (AS A THIRD ALTERNATIVE) 14 IT IS ORDERED that Plaintiffs’ application for an order shortening time for hearing 15 Plaintiffs’ motion to substitute real party in interest Shahram Tabatabai as Plaintiff in 16 substitution of Malek, or, in the alternative, for leave to amend Plaintiff’s complaint to substitute 17 real party in interest Shahram Tabatabai as Plaintiff herein be, and it hereby is, GRANTED. 18 IT IS FURTHER ORDERED that the hearing on Plaintiffs’ motion to substitute real 19 party in interest Shahram Tabatabai as Plaintiff in substitution of Malek, or, in the alternative, 20 for leave to amend Plaintiff’s complaint to substitute real party in interest Shahram Tabatabai as 21 Plaintiff herein will be held before the undersigned Judge on _______________________, 2022, 22 at ________________ a.m. in Department ___, of the above-entitled Court, located at 701 MILLER, MORTON, CAILLAT & NEVIS, LLP 2001 Gateway Place, Suite 220W 23 Ocean Street, Santa Cruz, California 95060. Telephone: (408) 292-1765 San Jose, California 95110 24 IT IS FURTHER ORDERED that Opposition to Plaintiffs’ motion to substitute real 25 party in interest Shahram Tabatabai as Plaintiff in substitution of Malek, or, in the alternative, 26 for leave to amend Plaintiff’s complaint to substitute real party in interest Shahram Tabatabai as 27 Plaintiff must be filed and served by ____________________, 2022. 28 // 2 [PROPOSED] ORDER SUBSTITUTING REAL PARTY IN INTEREST 1 IT IS FURTHER ORDERED that replies to Oppositions to Plaintiffs’ motion to 2 substitute real party in interest Shahram Tabatabai as Plaintiff in substitution of Malek, or, in the 3 alternative, for leave to amend Plaintiff’s complaint to substitute real party in interest Shahram 4 Tabatabai as Plaintiff must be filed and served by ______________, 2022. 5 6 DATED: By: Hon. Paul M. Marigonda 7 Judge of the Superior Court 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MILLER, MORTON, CAILLAT & NEVIS, LLP 2001 Gateway Place, Suite 220W 23 Telephone: (408) 292-1765 San Jose, California 95110 24 25 26 27 28 3 [PROPOSED] ORDER SUBSTITUTING REAL PARTY IN INTEREST