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Sep.12, 2017 12:10PM Law Offices No. 0230 =P. 2
1 | HOWARD R. MELAMED, SB#40962 FILED BY FAX
Attorney at Law ALAMEDA COUNTY
2 | 319 Lennon Lane Sept ber 12.2014
Walnut mek CA 94598 ee ne o -
3 || Telephone: (925) 932-0417
Facsimile: (3) 256-9542 By Rosanne Gase, Deputy
4 || Email: hinelamed@gimail.com
- CASE NUMBER:
5 || Attorney for Plaintiff , RGO9469504
6
7
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
9
10 | JAMES LUTTRELL, Case No. RG09-469504 RY FAX
11 Plaintiff, PLAINTIFF'S NOTICE OF INTENT
‘TO MOVT FOR NEW TRIAT.
12 |l vs.
13 | ISLAND PACIFIC SUPERMARKETS,
INC., and DOES 1-100, Dept.: 21
14 Judge: 9 Wynne 5, Carvill
Defendants.
Woy . /
16 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
17 PLEASE TAKE NOTICE THAT plaintiff, James Luttrell intends to move the Court
{8 |]to set aside the judgment entered on May 20, 2011, on the jury verdict in this action, and to
19 ||grant a new trial.
20) This motion will be heard at a time and place to be set by the Court pursuant lo Code
21 4 of Civil Procedure Section 661.
22 This motion will be made on each and all of the following grounds, which materially
23 | affected the substantial rights of the moving parly and prevented a Lair trial:
24 (1) Irregularily in the proceedings of the Court (CCP §657(1));
25 (2) regularity in the proceedings of the jury (CCP §657(1));
26 (3) Trregularity inthe proceedings caused by defendant CCP §657());
27 (4) Improper orders of the Court (CCP §657(1));
28 (5) Abuse of discretion by the Court (CCP §657(1));
NOTICEKOF INTENT TO MOVE FOR NEW ‘TRIAL
Sep.12, 2017 12:10PM Law Offices No. 0230 =P. 3
(6) Misconduct of the jury (CCP §657(2));
(7) Accident or surprise, which ordinary prudence could not have guarded against
Bw hw
(CCP §657(3));
(8) Newly-discovered evidence, material to the moving party's case, thal could not,
with reasonable diligence, have been discovered and produced at trial (CCP §657(4));
a)
6 (9) The award of damages was inadequate (CCP §657(5));
(10) The evidence was insufficient to justify the verdict (CCP §657(4));
(11) ‘The verdict is contrary to law (CCP §657(6)); and
9 (12) Error in law occurring at the trial and objected to by the moving party (CCI
10 §657(7)). .
11 ‘The motion will be based on this Notice; the evidence presented at trial;all pleadings,
12 papers and records in this action; the minutes of the Court; and amemorandum of pomls and
13 authoritics to be filed and served within the time permitted by California Rule of Court
14 3.1600).
15 The motion will also be based on declarations supporting the first through eighth
16 grounds cnumcrated above as required by Code of Civil Procedure Scetion 658, to be filed
17 and served within the time permitted by Code of Civil Procedure Section 659a.
18 Dated: September 12, 2011 Respectfully subiitted
19
20
Howard R. Melamed, Attorney for
21 Plaintiff, James Tauttrell
22
23
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25
26
27
28
NOTICE OF INTL TO MOVE FOR NEW TRIAL
Sep.12, 2017 12:10PM Law Offices No. 0230 PF 4
PROOF OF SERVICE
Lam over the age of eighteen years and not a party to the within entitled action. [am
employed in the county of Contra Costa, California and my business address is 319Lennon
Lane, Walnut Creck, CA 94598. On the date last written below, | served the following}
document(s): PLAINTIFE’S NOTICE OF INTENT TO MOVE FOR NEW TRIAL on
the interested parties, through their allorneys of record, by placing true and correct copies
thereof in a sealed envelope addressed as shown on the ‘attached Service List for scrvice as
designated below:
VJ (By First Class Mail) I caused cach such cnvclopc, with first class postage
thereon fully prepaid, to be deposited in the United States Mail at Walnut]
Creek, California.
| (By Overnight Delivery) [ enclosed the documents in an envelope or package
provided by an overnight delivery carrier and addressed to the persons below.
1 placed the envelope or package for colicetion and overnight delivery at an
office or a regularly utilized drop box of the overnight delivery carrier,
10
4 (By Personal Service) T causcd cach such envelope, to be personally delivered
il to each addressee.
12 a (By Fax) Based on an agreement of the partics to accept service by faxl
transmission in lieu of personal service, T faxed the documents to the persons
at the fax numbers listed below. No error was reported by the fax machine
used,
14
Oo (By Email) Based on a court order or an agreement of the parties to accept
LS service by email or electronic transmission, [ caused the documents to be sent
to the persons at the email addresses listed below. I did not reccive, within a
reasonable lime afler the transmission, any electronic messayze or other
indication that the transmission was unsuccessful.
17
I declare under penalty of perjury under the laws of the State of California that the
18 foregoing istruc and correct, and that this declaration was executed on Seplember 12, 2011,
at Walnut Creek, California,
20 C, Wha Nh Lernedl.
Carol L, Melamed
21
Wilma J. Gray
ae McNamara Ney Beatly LLP
P.O. Box 5288
23 1211 Newell Avenue
Walnut Creek, CA 94596-1288
24 FAX; (925) 939-0203
Wilma.Gray@menamaralaw.com
238
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Sep.12, 2017 12:10PM Law Offices No. 0230 =P. 2 1 | HOWARD R. MELAMED, SB#40962 FILED BY FAX Attorney at Law ALAMEDA COUNTY 2 | 319 Lennon Lane Sept ber 12.2014 Walnut mek CA 94598 ee ne o - 3 || Telephone: (925) 932-0417 Facsimile: (3) 256-9542 By Rosanne Gase, Deputy 4 || Email: hinelamed@gimail.com - CASE NUMBER: 5 || Attorney for Plaintiff , RGO9469504 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA 9 10 | JAMES LUTTRELL, Case No. RG09-469504 RY FAX 11 Plaintiff, PLAINTIFF'S NOTICE OF INTENT ‘TO MOVT FOR NEW TRIAT. 12 |l vs. 13 | ISLAND PACIFIC SUPERMARKETS, INC., and DOES 1-100, Dept.: 21 14 Judge: 9 Wynne 5, Carvill Defendants. Woy . / 16 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 17 PLEASE TAKE NOTICE THAT plaintiff, James Luttrell intends to move the Court {8 |]to set aside the judgment entered on May 20, 2011, on the jury verdict in this action, and to 19 ||grant a new trial. 20) This motion will be heard at a time and place to be set by the Court pursuant lo Code 21 4 of Civil Procedure Section 661. 22 This motion will be made on each and all of the following grounds, which materially 23 | affected the substantial rights of the moving parly and prevented a Lair trial: 24 (1) Irregularily in the proceedings of the Court (CCP §657(1)); 25 (2) regularity in the proceedings of the jury (CCP §657(1)); 26 (3) Trregularity inthe proceedings caused by defendant CCP §657()); 27 (4) Improper orders of the Court (CCP §657(1)); 28 (5) Abuse of discretion by the Court (CCP §657(1)); NOTICEKOF INTENT TO MOVE FOR NEW ‘TRIAL Sep.12, 2017 12:10PM Law Offices No. 0230 =P. 3 (6) Misconduct of the jury (CCP §657(2)); (7) Accident or surprise, which ordinary prudence could not have guarded against Bw hw (CCP §657(3)); (8) Newly-discovered evidence, material to the moving party's case, thal could not, with reasonable diligence, have been discovered and produced at trial (CCP §657(4)); a) 6 (9) The award of damages was inadequate (CCP §657(5)); (10) The evidence was insufficient to justify the verdict (CCP §657(4)); (11) ‘The verdict is contrary to law (CCP §657(6)); and 9 (12) Error in law occurring at the trial and objected to by the moving party (CCI 10 §657(7)). . 11 ‘The motion will be based on this Notice; the evidence presented at trial;all pleadings, 12 papers and records in this action; the minutes of the Court; and amemorandum of pomls and 13 authoritics to be filed and served within the time permitted by California Rule of Court 14 3.1600). 15 The motion will also be based on declarations supporting the first through eighth 16 grounds cnumcrated above as required by Code of Civil Procedure Scetion 658, to be filed 17 and served within the time permitted by Code of Civil Procedure Section 659a. 18 Dated: September 12, 2011 Respectfully subiitted 19 20 Howard R. Melamed, Attorney for 21 Plaintiff, James Tauttrell 22 23 24 25 26 27 28 NOTICE OF INTL TO MOVE FOR NEW TRIAL Sep.12, 2017 12:10PM Law Offices No. 0230 PF 4 PROOF OF SERVICE Lam over the age of eighteen years and not a party to the within entitled action. [am employed in the county of Contra Costa, California and my business address is 319Lennon Lane, Walnut Creck, CA 94598. On the date last written below, | served the following} document(s): PLAINTIFE’S NOTICE OF INTENT TO MOVE FOR NEW TRIAL on the interested parties, through their allorneys of record, by placing true and correct copies thereof in a sealed envelope addressed as shown on the ‘attached Service List for scrvice as designated below: VJ (By First Class Mail) I caused cach such cnvclopc, with first class postage thereon fully prepaid, to be deposited in the United States Mail at Walnut] Creek, California. | (By Overnight Delivery) [ enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons below. 1 placed the envelope or package for colicetion and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier, 10 4 (By Personal Service) T causcd cach such envelope, to be personally delivered il to each addressee. 12 a (By Fax) Based on an agreement of the partics to accept service by faxl transmission in lieu of personal service, T faxed the documents to the persons at the fax numbers listed below. No error was reported by the fax machine used, 14 Oo (By Email) Based on a court order or an agreement of the parties to accept LS service by email or electronic transmission, [ caused the documents to be sent to the persons at the email addresses listed below. I did not reccive, within a reasonable lime afler the transmission, any electronic messayze or other indication that the transmission was unsuccessful. 17 I declare under penalty of perjury under the laws of the State of California that the 18 foregoing istruc and correct, and that this declaration was executed on Seplember 12, 2011, at Walnut Creek, California, 20 C, Wha Nh Lernedl. Carol L, Melamed 21 Wilma J. Gray ae McNamara Ney Beatly LLP P.O. Box 5288 23 1211 Newell Avenue Walnut Creek, CA 94596-1288 24 FAX; (925) 939-0203 Wilma.Gray@menamaralaw.com 238