EXHIBIT(S) - 11 (Motion #1) *Corrected* x8132 Paul Checking Possible SSN Administratively Redacted Redacted per 22 NYCRR - x8132 Paul Checking Possible SSN Administratively Redacted October 22, 2018 (2024)

EXHIBIT(S) - 11 (Motion #1) *Corrected* x8132 Paul Checking Possible SSN Administratively Redacted Redacted per 22 NYCRR - x8132 Paul Checking Possible SSN Administratively Redacted October 22, 2018 (1)

EXHIBIT(S) - 11 (Motion #1) *Corrected* x8132 Paul Checking Possible SSN Administratively Redacted Redacted per 22 NYCRR - x8132 Paul Checking Possible SSN Administratively Redacted October 22, 2018 (2)

  • EXHIBIT(S) - 11 (Motion #1) *Corrected* x8132 Paul Checking Possible SSN Administratively Redacted Redacted per 22 NYCRR - x8132 Paul Checking Possible SSN Administratively Redacted October 22, 2018 (3)
  • EXHIBIT(S) - 11 (Motion #1) *Corrected* x8132 Paul Checking Possible SSN Administratively Redacted Redacted per 22 NYCRR - x8132 Paul Checking Possible SSN Administratively Redacted October 22, 2018 (4)
  • EXHIBIT(S) - 11 (Motion #1) *Corrected* x8132 Paul Checking Possible SSN Administratively Redacted Redacted per 22 NYCRR - x8132 Paul Checking Possible SSN Administratively Redacted October 22, 2018 (5)
  • EXHIBIT(S) - 11 (Motion #1) *Corrected* x8132 Paul Checking Possible SSN Administratively Redacted Redacted per 22 NYCRR - x8132 Paul Checking Possible SSN Administratively Redacted October 22, 2018 (6)
  • EXHIBIT(S) - 11 (Motion #1) *Corrected* x8132 Paul Checking Possible SSN Administratively Redacted Redacted per 22 NYCRR - x8132 Paul Checking Possible SSN Administratively Redacted October 22, 2018 (7)
  • EXHIBIT(S) - 11 (Motion #1) *Corrected* x8132 Paul Checking Possible SSN Administratively Redacted Redacted per 22 NYCRR - x8132 Paul Checking Possible SSN Administratively Redacted October 22, 2018 (8)
  • EXHIBIT(S) - 11 (Motion #1) *Corrected* x8132 Paul Checking Possible SSN Administratively Redacted Redacted per 22 NYCRR - x8132 Paul Checking Possible SSN Administratively Redacted October 22, 2018 (9)
  • EXHIBIT(S) - 11 (Motion #1) *Corrected* x8132 Paul Checking Possible SSN Administratively Redacted Redacted per 22 NYCRR - x8132 Paul Checking Possible SSN Administratively Redacted October 22, 2018 (10)
 

Preview

FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 EXHIBIT 11 FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 30-Jul-18 30Juli84568 CHA5E O m== -----==@ """EEEEEPnininilligig PersonalS . dum Card "•·> mm =¬-Gamm ACCOUNTTITLE ACCOUNT NUMBER593778132 PAULJYANNI TAXRESPONSIBLE ID ACCOUNTTYPE TotalChecking Chase OPENED 05/16/2014 DATE NewAccount BY ISSUED JPMorgan Chase Bank,NA(802) Mcleaft Ave 3521 ADDRESS PERSONAL 58SDEVOEAVE ALEXIS RAFTOPOULOS 107054728 YONKERS,NY (914)237-1515 Territoñes UnitedStateWDS 05/16/2014 OFOWNERSHIP TYPE Individual TAXPAYER IDB DATEOF BIRTH PRatARY fD NUIdBER g33y3g 135UANCEXP DATE DATE SMMTYPE S NUMBER 10 ISSUER A DATE I spumnunninhnnt 1959 IAw4e ahers ss7so in ny tymnu itrams mmu 4) ab._ ou5iGMCytTOBEADuED LATER . ACHHQW1.EDGEMENT-this Signakm Byalgming Card. Iam totheJPMorgart apphrlng opendepozil Ete NA,(ghpBank) GhaseBank, accomedChataqpid|p andfor irgdicatad al:ove.1h$1 Icertify fi9Inlbrmalien prewidedintras hatedsInEsm boutnf crfknesledge aged 0ank.allts ameiod2,a due ctedRroportsand dscrukb obtairi on emp½yrneriverificelions you stthat Judrober abcel allyouror Chase m.a. . ...m=m-wo,o .p,-au.- .m---twr.--ide.m«wro.d.sa y,,,,,,,,,,,,,,,r, ,,,,,,.. that epg:lydeposit gocatsaceolet SINLforChaseUWid Card arid betunitietzr eyaais andtheBankPovacy Pdich cond¼as shalersuard estrnandeditom sem\aineDhorain †kne lirce.For rat thateA Iagrea am.c*nts, pnO21909300< Hudson Valley Bank #118 : 2014 -10 -29 . . 0118373094 m -O FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 30-Jul-18 30Jul18-1569 THIS ITEM IS PART OF A LEGAL STATEMENT RECONSTRUCTION GROUP ID G30Jul18-1569 Sequence number 005280768308 Posting date 10-Nov-14 Amount 1000.00 a521 . * PAUL J. YANNI 58 S DEVOE AVE. YONKERS, NY 107054728 CHA5E O JPMorgan Chase Bank, N.A. www.cn-.- MEMO MS ) ___ _ t:0 2 10000 P hC 59377 L 3 2n=O L a m m FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 30-Jul-18 30Jul18-1569 THIS ITEM IS PART OF A LEGAL STATEMENT RECONSTRUCTION GROUP ID G30Jul18-1569 Sequence number 003270108635 Posting date 15-Dec-14 Amount 1000.00 107 PAUL J. YANNI 58 $ DEVOEAVE YONKERS, NY 10705-4728 . Dol.tAR$ CHA5EO JPMorgan Chase Bank N www.Chase.com CO2 0000214 593??LL32n"O 07 FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 30-Jul-18 30Jul18-1569 THIS ITEM IS PART OF A LEGAL STATEMENT RECONSTRUCTION GROUP ID G30Jul18-1569 Sequence number 002180830274 Posting date 23-Dec-14 Amount 2162.88 DEPOSITTICKET 2'° . PAUL J. YANNI 58 S DEVOE AVE. YONKERS, NY 10705-4728 . . DATE TRildu's,W DEPOSl S MAYNOT9 VAFLALE FOR \MMEOATEWITi·iüññWA T 8UBTOTAL 8ENHEREFORCA6HREUElVEff OFAECHMRED) W "WJM# CHA5E * www.Chase.com 593773132n' I:580201028 : FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 30-Jut-18 30Jul18-1569 THIS ITEM IS PART OF A LEGAL STATEMENT RECONSTRUCTION GROUP ID G30Jul18-1569 Sequence number 002180830275 Posting date 23-Dec-14 Amount 2162.88 _ -... -- .-- JOAN S YANNI 05-14 1191 2B6 BOGARDUS RD. ACRA, NY 12405 Shield" HE BANK GREEN NTY ' wwa/.tbogc.com ?s' u: 2 2 13 70 t.G 5 20 2 3 20090s L FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 30-Jul-18 30Jul18-1569 THIS ITEM IS PART OF A LEGAL STATEMENT RECONSTRUCTION GROUP ID G30Jul18-1569 Sequence number 002880871395 Posting date 12-Jan-15 Amount 1000.00 3 PAUL J. YANNI 131 5B $ DEVOE AVE. YONKERS, NY 10705-4728 DY\f Tht>( A 8 CHA5E O JPMorgan Chase Dank, NA CO2100002Li" 5937TBL3En'O m FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 30-Jul-18 30Ju118-1569 THIS ITEM IS PART OF A LEGAL STATEMENT RECONSTRUCTION GROUP ID G30Jul18-1569 Sequence number 003170908492 Posting date 10-Feb-15 Amount 1000.00 ?5 -3521 PAUL J. YANNI 52 58 S DEVOE AV ki YONKERS, NY 10705-4728 * D TE D- St M Y O BE AVAfLABLEFORtMMED\ATEW'THGn W 17 SUSTOTAL NHEREFORCASHRECENEO 4 (IFMEQUIRED) + CHA5E PMorgan ChaseBank, NA www.Chase.com i:580 20 LO EBC 5937 8 L 3 En mm = Z FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 30-Jul-18 30Jul18-1569 This is a substitute document representing a CASH IN TICKET Posting Date 10-Feb-15 Sequence number 003170908493 Amount 1000.00 Account Number 8132 Date Request Received 30-Jul-18 FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 30-Jul-18 30Jul18-1569 THIS ITEM IS PART OF A LEGAL STATEMENT RECONSTRUCTION GROUP ID G30Jul18-1569 Sequence number 008270864368 Posting date 13-Feb-15 Amount 1000.00 ' PAUL J. YANNI 219 132 58 S DEVOE AVE. YONKERS, NY 107054728 CHA5E LP JPMo n Chase Bank, NA. MCHO Q AP t:0 2 OODD 2 593??&L3 Eu•O 3 2 FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 CO o O (5 Z OZ 40 - to O E o w=u T O 8 o e-i . v-I a O cco O . o o 11 o o Q ru m. * s C ,'. . 00 o .' Sccudty NOT END so FEDERAL F)Of The Fe..ium- E E:Gh'd. WRITE, accwliy RESERVC INu .1ERE e·xc-WC STAMP hermt.. Rau.: DOARD . OR of es:dsettp OF - h·œd SIGN bc.'cw, :rs doc*nt-mt rsuidebr:cm. anc BELOW GOVERNORS vodlia t . THIS on: REG. 6 those CC LINE FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 30-Jul-18 30Jul18-1569 THIS ITEM IS PART OF A LEGAL STATEMENT RECONSTRUCTION GROUP ID G30Jul18-1569 Sequence number 004090347197 Posting date 10-Apr-15 Amount 1000.00 PAUL J.YANNI 134 58 S DEVOE AVE. YONKERS, NY 107054728 O RE soos And . CHA5E O JPMorgan Chase Bank, NA www. m . i:00100002D 59377 32 OL L, FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 30-Jul-18 30Jul18-1569 THIS ITEM IS PART OF A LEGAL STATEMENT RECONSTRUCTION GROUP ID G30Jul18-1569 Sequence number 008270171406 Posting date 15-May-15 Amount 1000.00 " PAUL J. YANNI 13 5 ) 58 S DEVOE AVE, YONKEFIS, NY 10705-4726 DAW CHA5E PMorga Chase Bank, NA www.C m MEMO D E L0000 B it: 59 3778132n"Ok35 FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 o (j) h- WZ O2 O O to O Cr'Q oo oo C LO O c Oo Z o 3 '" O. O ----- ao z: ® .. ..-- - O O n O .: . * 00 Security NOT FEDER ChJAWV T? AL Sci no:c ENDOR w FeGiurCU RESERVCD M!vd. WRITE. securny FOR MESERVE ht×r F -RE 4 enc'md STAMP fcMurcs SOARD km Ref:0R5 OR N/iNCi‡. whm!ry or ire.0of DMed OF †jS :-e SIGN g-su below. 0a YiTUT war.documem mâv puidv!mes. p aci} BELOW GOVERNORS a:::2 ò·o n M ONUSE Storshan * THIS 205 witn emed thcsc CC UNE FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 30-Jul-18 30Ju!18-1569 THIS ITEM IS PART OF A LEGAL STATEMENT RECONSTRUCTION GROUP ID G30Jul18-1569 Sequence number 008270006700 Posting date 17-Jul-15 Amount 1000.00 1-2 a52' PAUL J. YANNI 137 . 58 S DEVOE AVE. YONKERS, NY 10705-4728 DATE ™ $ 000,oo CHA5E P JPMorgan Chase Bank, NA. www.Chose.com ME O 4021 000 2 W 59 3 ? 78 L 3 i¹tt'O 3? FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 30-Jul-18 30Jul18-1569 THIS ITEM IS PART OF A LEGAL STATEMENT RECONSTRUCTION GROUP ID G30Jul18-1569 Sequence number 007080312389 date 20-Jul-15 Amount 320.00 Posting 5*"' J. YANNI . , . 138 PAUL 58 8 DEVOE AVE, NY 10705-4728 YONKERS, CHA5E JPMorgan Chas9 sank, NA. www.Chase,com 593??8132n' 1:0 2 LO000 2 as: B FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 4 H Z O ¢ O t-- O Z mO a o om .E E 0 c o o . . 3 8 El B : O o * r- ustsmeLY CHECKS CURRENCY T( ! AL UhT-EOR 2 ,o $ FINANCIAL ocuss (NSTIT0YtON cens U5E ONLY FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 30-Jul-18 30Jul18-1569 THIS ITEM IS PART OF A LEGAL STATEMENT RECONSTRUCTION GROUP ID G30Jul18-1569 Sequence number 009590917052 Posting date 23-Jul-15 Amount 880.00 7 PNCbankNA . 60-M2 / 433 RCN Telecon Services, LLC Jeanette,PA 650CollegeRdE ***VOID R 90 DAYS*** Suite3100. . ..' Princeton,fu 085 CHE($KNUI4 ER CHECKDATE CHECKAM =UNY 00 7323 06/24/2015 $880 PAY EkjhtHundredEightyDoll 00Cents ARTHUR YANNI SR THE ORDER 585 DEVOE AVENUE o YONKEMS, NY 10705 uthorizedgna ii"O08 ? 3 2 32 GO 3 30 G 2 ?r 4006 2 L'I& 2 2 FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 30-Jul-18 30Jul18-1569 THIS ITEM IS PART OF A LEGAL STATEMENT RECONSTRUCTION GROUP ID G30Jul18-1569 Sequence number 003580963301 Posting date 14-Aug-15 Amount 1000.00 s2 PAUL J. YANNI 139 58 S DEVOE AVE. YONKERS, NY 107054728 CHA5EO JPMorgan Chase Bank, N.A. .com 2n" t:0 2 10000 2 ks: 59 3 7 7 L 3 13 9 FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 30-Jul-18 30Jul18-1569 THIS ITEM IS PART OF A LEGAL STATEMENT RECONSTRUCTION GROUP ID G30Jul18-1569 Sequence number 004590916641 Posting date 11-Sep-15 Amount 1130.00 35²' PAUL J. YANNI 140 58SDEVOE AVE. PAYTo THE ORDEROF CHA5E JPMorgan Chase Bank, NA www.Chaso.cora 1:0 2 10000 E Li 59 3 7 78 13 En'O 1.0 FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 30-Jul-18 30Jul18-1569 THIS ITEM IS PART OF A LEGAL STATEMENT RECONSTRUCTION GROUP ID G30Jul18-1569 Sequence number 005280151150 Posting date 13-Oct-15 Amount 1000.00 DEPOSIT TiCKET [Ÿ Asu 210 6 PAUL J. YANNI 58 S DEVOE AVE. .. YONKERS, NY 10705-4728 DATE E S DEPOSt S MAYNOT86 AVAFLABLEFORtMMEDiATEWITHORAWAL GUBTOTAL e $0H5RE FORC AEC ED FREQUEU)* s * CHA5E . ruarganchase eank, N.A. a www.Chase.com 2n• 580 20 LO 28t: 5937 78 L 3 O FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 30-Jul-18 30Ju118-1569 THIS ITEM IS PART OF A LEGAL STATEMENT RECONSTRUCTION GROUP ID G30Jul18-1569 Sequence number 005280151151 Posting date 13-Oct-15 Amount 1000.00 JOAN S YANNI 126 286 BOGARDUS ROAD ACRA, NY 12405 a Shield'" DATE MEMO mp i:021307051.1: 07 O2?LL800 is O FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 30-Jul-18 30Jui18-1569 THIS ITEM IS PART OF A LEGAL STATEMENT RECONSTRUCTION GROUP ID G30Jul18-1569 Sequence number 002290601464 Posting date 16-Oct-15 Amount 1000.00 352' PAUL J. YANN1 141 58 S DEVOE AVE. YONKERS, NY 107054728 nx . CHA5E O JPMorgan Chase Bank, NA www.ChA$6.COM CD 10000 B11: 59377 L 3 2n'O L 1 FILED: WESTCHESTER COUNTY CLERK 10/22/2018 03:55 PM INDEX NO. 56892/2018 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/23/2018 information Redacted is Non-responsive 30-Jul-18 30Ju!18-1569 THIS ITEM IS PART OF A LEGAL STATEMENTRECONSTRUCTION GROUPID G30Jul18-1569 Sequence number Postlng date Amount O CHASE PRI VATE CLIENT October28.2015throughNovernber 27,2015 JPMorgan ChaseBank,N.A. P O Box659754 PrimanAccount000000593778132 SanAntonio,TX78265-9764 CUSTOMER SERVICEINFORMATION Web site: Chase.com h::h: t h:!!h -P -h H -P l: Å d _l!,n|n l| Service Center; 1-808-9945626 00072497 0RG80214133215 NNNNNYYNNNN 180000 T 1000000000 Deal and Hard of Hearing: 1-800-242-7383 PAUL J YANNI Intemational Cak: 1-713-262-1679 286 BOGARDUSRD ACRA NY 12405-1306 - ----

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MANNERS vs CITY OF FREMONT, A CALIFORNIA PUBLIC ENTITY, et al.

Jul 16, 2024 |Civil Unlimited (Other Personal Injury/Propert...) |22CV021879

22CV021879: MANNERS vs CITY OF FREMONT, A CALIFORNIA PUBLIC ENTITY, et al. 07/16/2024 Hearing on Motion for Determination of Good Faith Settlement (CCP 877.6) in Department 512a defaulted and unrepresented corporate party (“Lagorio”) or the unnamed and non-appearingDoes Nos. 1-2 ( See CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141,1145 [“A corporation, unlike a natural person, cannot represent itself before courts of record inpropria persona, nor can it represent itself through a corporate officer, director or other employeewho is not an attorney. It must be represented by licensed counsel in proceedings before courtsof record”]).The Court finds that Norcal’s renewed Motion still does not adequately address any of theseissues. Norcal claims in the Moving MPA that Plaintiff has a medical lien in the amount of$2,635.76 for treatment of her alleged injuries but presents no evidence that this amount is thesole amount of Plaintiff’s out-of-pocket damages and does not address what, if any, otherdamages Plaintiff is claiming. Norcal does not present any evidence that it requested or receiveda CCP § 425.11 Statement of Damages or received verified discovery responses itemizing orsetting forth Plaintiffs’ total alleged damages.Second, Norcal has still not adequately addressed City’s cross-claims for indemnity againstNorcal and Lagorio. The City cites to Municipal Code §§ 12.30.010, 12.30.200 and 12.30.210.The Court’s reading of these Muni. Code provisions appear to make property owners solelyresponsible for maintenance and repair of trees on adjacent public property (i.e., “street trees”),landscaping on or abutting public streets, and sidewalks in front of the owner’s lot. These codeprovisions expressly state that landowners have a duty to members of the public to maintainthese elements in a “safe and nondangerous condition,” makes landowners liable to members ofthe public for failure to perform these duties resulting in injury, and requires landowners toindemnify the City from claims arising out of the landowners’ failure to perform these duties.With respect to adjacent sidewalks, the landowner’s duties include “performance of grinding,removal and replacement of sidewalks, and repair and maintenance of curbs and gutters.” (§12.30.210(b).)Norcal asserts that both before and after Plaintiff’s injury, the City performed sidewalk“maintenance/grinding” in the area of Plaintiff’s injury. However, the only evidence presented isthe conclusory Mendoza Declaration at ¶¶ 13-15, which contains no foundation for thedeclarant’s purported personal knowledge of the declared facts.Similarly, although the above-referenced Muni. Code provisions appear to require the landownerto completely indemnify the City for injuries of the type alleged in Plaintiff’s Complaint (aslip/trip and fall caused by “a non-obvious protuberance in the sidewalk ... due to unevenconcrete slabs ... further obscured by fallen leaves and other debris from the surroundingvegetation”), Norcal asserts that it is “unlikely to be held 100% liable in this action” withoutcitation to admissible evidence or legal authority for this assertion. Mendoza Dec. ¶ 37constitutes improper legal argument unsupported by citation to legal authority, rather thanadmissible evidence. SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA 22CV021879: MANNERS vs CITY OF FREMONT, A CALIFORNIA PUBLIC ENTITY, et al. 07/16/2024 Hearing on Motion for Determination of Good Faith Settlement (CCP 877.6) in Department 512Finally, Norcal’s current motion does not address its ability to seek a good faith settlementdetermination as to a defaulted corporate defendant who has not appeared in the action and Doeswho at present have not been named and have not appeared in the action. In Reply, Norcal’scounsel asserts that they are representing Lagorio. However, it appears likely that Lagorio wouldfirst need to move to set aside the default for the limited purpose of seeking a good faithsettlement determination in its favor. Similarly, it is likely that the Does would need to appear inthis action for the limited purpose of seeking a good faith settlement determination.Wherefore, the Court DENIES Norcal’s Motion for Determination of Good Faith Settlement.CONTESTING TENTATIVE RULINGSPLEASE NOTE: If any party contests the tentative ruling, the hearing on the motion will occurremotely via the court’s own video-conferencing system.Pursuant to California Rule of Court 3.1308, subdivision (a)(1), this tentative ruling will becomethe order of the Court unless it is contested before 4:00 PM on the court day preceding thenoticed hearing date.To contest a tentative ruling, a party should do the following:First, the party must notify Department 512, by email at Dept512@alameda.courts.ca.gov andcopy all counsel of record and self-represented parties. The contesting party must state in thesubject line of the email the case name, case number and motion.Second, the party shall log into the eCourt Public Portal, search for this case (e.g., by casenumber), select the case name, select the "Tentative Rulings" tab, click the "Click to Contest thisRuling" button, enter the party's name and a brief statement of the party's reason for contestingthe tentative, and click "Proceed."Parties may appear via videoconference, using the Zoom.com website or application.TO CONNECT TO ZOOM:Join the meeting using the following link: https://www.zoomgov.com/j/16057661931Join the meeting by Phone:Meeting ID: 160 5766 19311 669 254 5252, 16057661931# US (San Jose)1 669 216 1590, 16057661931# US (San Jose)833 568 8864 US Toll-free SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA22CV021879: MANNERS vs CITY OF FREMONT, A CALIFORNIA PUBLIC ENTITY, et al.07/16/2024 Hearing on Motion for Determination of Good Faith Settlement (CCP 877.6) in Department 512

Ruling

Robert Libera vs. Lorraine Libera

Jul 23, 2024 |C23-02058

C23-02058 ROBERT LIBERA VS. LORRAINE LIBERA9:00 AM HEARING IN RE: FURTHER CASE MANAGEMENT CONFERENCE --see also line #12-- Need: 1. Appearances 2. Status Reports Notes: Answer filed 06/06/24 by Lorraine Libera2A. MSP20-00624 MATTER OF THE YOUNG REVOCABLE TRUST9:00 AM HEARING ON PETITION IN RE: PETITION FOR ORDERS DETERMINING FINANCIAL ELDER ABUSE, THAT GREGORY YOUNG HAS VIOLATED THE TRUST'S NO-CONTEST CLAUSE, COMPELLING RETURN OF ASSETS, DISINHERITANCE FILED ON 07/11/23 BY MICHAEL F. FRAME AND BONNIE MAY KING Need: 1. Appearances 2. Proof of service in the manner provided in CCP § 415.10 (30 days personal service) or CCP § 415.30 (30 days proof of mailing with Notice and Acknowledgment of Receipt) on each person claiming an interest in, or having title to or possession of, the property. PrC § 851(a)(2) 3. Proposed Order Note: Request for Dismissal (Partial) entered 2-7-2024 as to claims for financial elder abuse. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY PR - MARTINEZ-WAKEFIELD TAYLOR COURTHOUSE COURT CALENDAR FOR JULY 23, 2024 DEPARTMENT 30 JUDICIAL OFFICER: VIRGINIA M GEORGE2B. MSP20-00624 MATTER OF THE YOUNG REVOCABLE TRUST9:00 AM HEARING ON PETITION IN RE: FOR INSTRUCTIONS TO PRESERVE TANGIBLE PERSONAL PROPERTY PENDING RESOLUTION OF TRUST CONTEST FILED 10/25/22 BY GREG YOUNG Need: 1. Appearances 2. Proposed Order Note: Order Granting Ex Parte Application to Preserve Tangible Personal Property Pending Decision on Petition filed 10-6-2022.2C. MSP20-00624 MATTER OF THE YOUNG REVOCABLE TRUST9:00 AM HEARING ON PETITION IN RE: TO INVALIDATE THE RESTATEMENTS OF THE SURVIVOR'S TRUST BASED ON FRAUD FILED 11/09/22 BY GREGORY YOUNG Need: 1. Appearances 2. Proposed Order SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY PR - MARTINEZ-WAKEFIELD TAYLOR COURTHOUSE COURT CALENDAR FOR JULY 23, 2024 DEPARTMENT 30 JUDICIAL OFFICER: VIRGINIA M GEORGE2D. MSP20-00624 MATTER OF THE YOUNG REVOCABLE TRUST9:00 AM HEARING ON PETITION IN RE: TO INVALIDATE THE RESTATEMENTS OF THE SURVIVOR'S TRUST BASED ON FRAUD FILED 11/09/22 BY GREGORY YOUNG Drop, calendared in duplicate. See line 2C.2E. MSP20-00624 MATTER OF THE YOUNG REVOCABLE TRUST9:00 AM HEARING IN RE: MOTION TO DISQUALIFY COUNSEL FILED 02/08/24 BY GREGORY YOUNG Need: 1. Appearances 2. Proposed Order Notes: a) Stipulation submitted and Order signed 04/03/24 continuing this hearing to 05/24/24, but, the submitting party never picked up and filed the documents. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY PR - MARTINEZ-WAKEFIELD TAYLOR COURTHOUSE COURT CALENDAR FOR JULY 23, 2024 DEPARTMENT 30 JUDICIAL OFFICER: VIRGINIA M GEORGE2F. MSP20-00624 MATTER OF THE YOUNG REVOCABLE TRUST9:00 AM HEARING ON PETITION IN RE: TO REMOVE CO-TRUSTEES AND APPOINT SUCCESSOR FILED 02/21/24 BY GREGORY YOUNG Need: 1. Appearances 2. Proposed Order Note: Stipulation submitted and Order signed 04/03/24 continuing this hearing to 05/24/24, but, the submitting party never picked up and filed the documents.

Ruling

PRECIOUS WARE VS VIKEN OUZOUNIAN, ET AL.

Jul 18, 2024 |22STCV25510

Case Number: 22STCV25510 Hearing Date: July 18, 2024 Dept: 32 PLEASE NOTE: Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached. If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that partys intention to submit. The email shall include the case number, date and time of the hearing, counsels contact information (if applicable), and the identity of the party submitting on this tentative ruling. If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court. If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely. Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. TENTATIVE RULING DEPARTMENT 32 HEARING DATE July 18, 2024 CASE NUMBER 22STCV25510 MOTION Motion to Continue Trial MOVING PARTIES Cross-Defendant Berry Bowl Los Angeles, LLC OPPOSING PARTY None MOTION Cross-Defendant Berry Bowl Los Angeles, LLC (Cross-Defendant) moves to continue trial and all related dates. No opposition has been filed. BACKGROUND This case involves injuries from a sliding gate that occurred on July 28, 2022. The complaint was filed on August 8, 2022. Trial was initially set for February 5, 2024. Defendants Viken Ouzounian, Raquel Ouzounian, VRCC York, LLC, VRCC Lincoln, LLC, Dons Auto repair & RV Center, and Dons Auto Repair & RV Center (Defendants) filed an answer on November 3, 2022. On January 11, 2024, pursuant to stipulation, the Court continued trial to August 5, 2024, and granted leave to Defendants to file a cross complaint. On February 13, 2024, Defendants filed a cross-complaint for equitable indemnification, apportionment of fault, and express indemnity against Berry Bowl and Roes 1 to 25. On May 14, 2024, Cross-Defendant (sued erroneously as Berry Bowl), filed an answer to the cross complaint. ANALYSIS Legal Standard ¿Continuances are granted only on an affirmative showing of good cause requiring a continuance.¿ (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.)¿ A trial court has broad discretion in considering a request for a trial continuance.¿ (Pham v. Nguyen (1997) 54 Cal.App.4th 11, 13-18.)¿ California Rules of Court, rule 3.1332 sets forth factors for the Court to consider in ruling on a motion to continue trial.¿ To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain. (Cal. Rules of Court, rule 3.1332(a).) A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, rule 3.1332(b).) Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. Circ*mstances that may indicate good cause include: 1. The unavailability of an essential lay or expert witness because of death, illness, or other excusable circ*mstances; 2. The unavailability of a party because of death, illness, or other excusable circ*mstances; 3. The unavailability of trial counsel because of death, illness, or other excusable circ*mstances; 4. The substitution of trial counsel, but only where there is an affirmative showing that the substitution is required in the interests of justice; 5. The addition of a new party if: A. The new party has not had a reasonable opportunity to conduct discovery and prepare for trial; or B. The other parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard to the new partys involvement in the case; 6. A partys excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or 7. A significant, unanticipated change in the status of the case as a result of which the case is not ready for trial. 8. (Cal. Rules of Court, rule 3.1332(c).) In ruling on a motion or application for continuance, the court must consider all the facts and circ*mstances that are relevant to the determination. These may include: 1. The proximity of the trial date; 2. Whether there was any previous continuance, extension of time, or delay of trial due to any party; 3. The length of the continuance requested; 4. The availability of alternative means to address the problem that gave rise to the motion or application for a continuance; 5. The prejudice that parties or witnesses will suffer as a result of the continuance; 6. If the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay; 7. The courts calendar and the impact of granting a continuance on other pending trials; 8. Whether trial counsel is engaged in another trial; 9. Whether all parties have stipulated to a continuance; 10. Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and 11. Any other fact or circ*mstance relevant to the fair determination of the motion or application. (Cal. Rules of Court, rule 3.1332(d).) Discussion Here, Cross-Defendant seeks to continue trial and all related dates to May 22, 2025. Cross-Defendant argues the continuance is needed because it entered this case on May 14, 2024, and thus requires more time to conduct discovery. Additionally, it contends that Plaintiff is still treating injuries and that all parties have stipulated to the continuance. Cross-Defendant estimates that it will need 40 to 60 days to conduct written discovery and 3 to 5 months to receive Plaintiffs subpoenaed medical records. (Shaw Decl. ¶ 6.) As a result, Cross-Defendant requests 7 to 9 months to prepare a defense. However, Cross-Defendant does not explain its diligence in conducting discovery since May 2024, nor does it describe with specificity the outstanding discovery. Accordingly, Cross-Defendant does not justify the need for a lengthy continuance. CONCLUSION AND ORDER Accordingly, the Court GRANTS in part Cross-Defendants motion to continue trial. The Final Status Conference is continued to January 16, 2025 at 10:00 a.m. in Department 32 of the Spring Street Courthouse. Trial is continued to January 30, 2025 at 8:30 a.m. in Department 32 of the Spring Street Courthouse. All discovery and motion deadlines are associated with the new trial date. Cross-Defendant shall give notice of this order, and file a proof of service of such.

Ruling

Nolan vs. Best Western International, Inc.

Jul 15, 2024 |22CV-0199470

NOLAN VS. BEST WESTERN INTERNATIONAL, INC.Case Number: 22CV-0199470Tentative Ruling on Petition to Approve Minor Compromise: This matter is on calendar forfurther proceedings on a Petition for Approval of Compromise of Claim for Minor Cordelia Nolan.The Petition was filed January 31, 2024, by Guardian Ad Litem/Father Ivan Case. The Court hassince been informed that a replacement Guardian Ad Litem (“GAL”) must be appointed due to theunavailability of the current GAL.In the late afternoon of July 12, 2024, the Court received extensive pleadings, filed on July 12,2024, which include an Amended Petion and Status Report. The Court has obviously not had timeto review any of this material. This matter, and the 9:00 Review Hearing are continued to August12, 2024 at 8:30 a.m and 9:00 a.m., respectively, in in Dept. 64. Petitioner is to serve notice ofthese continued hearings and file a proof of service of having done so no later than five days priorto the continued date.No appearance is necessary on today’s calendar.

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EXHIBIT(S) - 11 (Motion #1) *Corrected* x8132 Paul Checking Possible SSN Administratively Redacted Redacted per 22 NYCRR - x8132 Paul Checking Possible SSN Administratively Redacted October 22, 2018 (2024)

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