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GERARD ZELNIK, et al vs. FRED G. OFFENBACH, et al

A (26) Unlimited Other Real Property case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of San Mateo County. Judge Chou, Danny Y. presiding.

Case Details

Case Number

(Subscribe to View)   

Filing Date

June 19, 2020

Last Refreshed

May 23, 2024

Filing Location

San Mateo County, CA

Filing Court House

Superior

Judge

Hon. Chou, Danny Y. Trellis Spinner 👉 Discover key insights by exploring more analytics for Chou, Danny Y.   

Category

(26) Unlimited Other Real Property

Practice Area

Property

Matter Type

General Property

Case Outcome Type

Judgment

Status

Judgment (Other)

Overview
Causes of Action

1. AGAINST ALL PARTIES 10 NEGLIGENCE

17 SECOND CAUSE OF ACTION 18 A TALL P, ES 19 NUISAN

15 THIRD CAUSE OF ACTION 16 INST AL! ITY AND STAFF 7 TRESPASS

6. VIOLATION OF GOVERNMENT CODE § §15,6 FAILURE TO DISCHARGE STATUTORY DUTY

Parties

Plaintiffs

City Of San Carlos
Gerard Zelnik And Bianca Zelnik, Trustees Of The Gerard Kenneth Zelnik And Bianca Elbia Zelnik Trust Revocable Trust Dated April 10, 1997
Zelnik, Bianca
Zelnik, Gerard

Attorneys for Plaintiffs

Lepera, Joseph A

Defendants

City Of San Carlos
Cooper, Steve B
Derner, Nicole
Does 1 Through 20 Inclusive
Dumas, Maxine
Dumas, Michelle
Offenbach, Fred G.
Tcglg, Inc. Dba Keller Williams Bay Area Estates

Attorneys for Defendants

Irion, Brian R
Irion, R. Brian
Jones, Shannon B
Master, Todd H.
Muscolino, Nicholas J.
Rubens, Gregory J.

Other Parties

City Of San Carlos (Cross Complainant (participant))
Does 1 Through 20, Inclusive (Cross Defendant)
Does 1 Through 20, Inclusive (Cross Defendant (participant))
Gerard Zelnik And Bianca Zelnik, Trustees Of The Gerard Kenneth Zelnik And Bianca Elbia Zelnik Trust Revocable Trust Dated April 10, 1997 (Cross Defendant)
Roes 1 Through 20, Inclusive (Cross Defendant)
Roes 1 Through 20, Inclusive (Cross Defendant (participant))
Zelnik, Bianca (Cross Defendant)
Zelnik, Gerard (Cross Defendant)

Case Documents

9849511182008232

Date: May 22, 2024

MTS Errata MPA (FINAL)

Date: Mar 28, 2024

MTS - Proposed Order

Date: Mar 28, 2024

MTS - RJN to TAC

Date: Mar 28, 2024

MTS - MPA

Date: Mar 28, 2024

MTS - Notice

Date: Mar 28, 2024

Demurrer - MPA TAC

Date: Mar 27, 2024

Demurrer - RJN to TAC

Date: Mar 27, 2024

Reply to Opp to Demurrer

Date: Jan 18, 2024

ZelnikOpp to MTS 24-0111

Date: Jan 11, 2024

891711124200b76e

Date: Dec 29, 2023

Affidavit of Mailing

Date: Nov 16, 2023

Stipulation Order

Date: Nov 16, 2023

Proposed Order Received

Date: Nov 03, 2023

Proposed Order Received

Date: Nov 03, 2023

Motion to Strike

Date: Nov 03, 2023

MTS - PO (FINAL)

Date: Nov 03, 2023

MTS - RJG Dec (FINAL)

Date: Nov 03, 2023

MTS - PsAs (FINAL)

Date: Nov 03, 2023

MTS - Notice (FINAL)

Date: Nov 03, 2023

Demurrer - PO (FINAL)

Date: Nov 03, 2023

Demurrer - PsAs (FINAL)

Date: Nov 03, 2023

Pretrial Order

Date: Sep 29, 2023

79764Notic00254f

Date: Jul 28, 2023

Second Amended Complaint

Date: Apr 26, 2023

Notice of Entry of Order

Date: Apr 19, 2023

Affidavit of Mailing

Date: Apr 14, 2023

Stipulation Order

Date: Apr 14, 2023

Proposed Order Received

Date: Feb 28, 2023

Declaration in Support

Date: Feb 28, 2023

Affidavit of Mailing

Date: Jan 19, 2023

Pretrial Order

Date: Jan 19, 2023

Trial Setting Conference

Date: Oct 05, 2022

Stipulation Order

Date: Mar 09, 2022

Ex Parte Order

Date: Sep 30, 2021

Ex Parte Application

Date: Sep 30, 2021

Answer

Date: Sep 10, 2021

Notice

Date: Aug 25, 2021

Declaration in Support

Date: Jun 24, 2021

Proposed Order Received

Date: Jun 24, 2021

ADR Referral

Date: May 24, 2021

Order

Date: Apr 01, 2021

Order Denying

Date: Feb 01, 2021

Motion for Leave

Date: Dec 02, 2020

Declaration in Support

Date: Nov 23, 2020

Answer

Date: Nov 18, 2020

Hearing on Demurrer

Date: Oct 26, 2020

Motion to Strike

Date: Oct 26, 2020

Order After Hearing

Date: Oct 22, 2020

First Amended Complaint

Date: Oct 22, 2020

Non-Opposition to

Date: Oct 19, 2020

Notice

Date: Oct 16, 2020

Hearing on Demurrer

Date: Oct 09, 2020

Motion for Leave to File

Date: Oct 05, 2020

Cross Complaint

Date: Oct 05, 2020

Proposed Order Received

Date: Oct 05, 2020

Declaration in Support

Date: Oct 05, 2020

Amended Notice Of

Date: Aug 26, 2020

Amended Notice Of

Date: Aug 26, 2020

Demurrer to

Date: Aug 24, 2020

Motion to Strike

Date: Aug 24, 2020

Answer (Unlimited)

Date: Aug 07, 2020

Civil Case Cover Sheet

Date: Jun 19, 2020

Summons Issued / Filed

Date: Jun 19, 2020

Complaint

Date: Jun 19, 2020

Case Events

Type Description
Docket Event
Docket Event Jury Trial
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Docket Event Pretrial hearing Trellis Spinner 👉 Discover key insights by exploring more analytics for Greenberg, Susan

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Docket Event Mandatory Settlement Conference
Docket Event Hearing on Demurrer
DEFENDANT CITY OF SAN CARLOS NOTICE OF DEMURRER AND DEMURRER TO THE FIRST AND FOURTH CAUSES OF ACTION OF PLAINTIFFS THIRD AMENDED COMPLAINT Trellis Spinner 👉 Discover key insights by exploring more analytics for Greenberg, Susan

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Docket Event Motion to Strike
DEFENDANT CITY OF SAN CARLOS' NOTICE OF MOTION TO STRIKE PORTIONS OF PLAINTIFFS' THIRD AMENDED COMPLAINT Trellis Spinner 👉 Discover key insights by exploring more analytics for Greenberg, Susan

Judge: Greenberg, Susan Trellis Spinner 👉 Discover key insights by exploring more analytics for Greenberg, Susan

Docket Event
Docket Event Reply to Opp to MTS Portions of TAC
Docket Event Reply to Opp to TAC (FINAL)
Docket Event Zelnik_Req for Judicial Notice 24-0510
Docket Event Zelnik_Opposition to MTS 24-0510
Docket Event Zelnik_Opposition to Demurrer 24-0510
Docket Event Memorandum of Points and Authorities in Opposition PLAINTIFFS OPPOSITION TO DEFENDANT CITY OF SAN CA
Memorandum of Points and Authorities in Opposition
PLAINTIFFS OPPOSITION TO DEFENDANT CITY OF SAN CARLOS DEMURRER TO THE FIRST AND FOURTH CAUSES OF ACTION OF PLAINTIFFS THIRD AMENDED COMPLAINT
Docket Event Request for Judicial Notice IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANT CITY OF SAN CARLOS DEMU
Request for Judicial Notice
IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANT CITY OF SAN CARLOS DEMURRER AND MOTION TO STRIKE THE THIRD AMENDED COMPLAINT
Docket Event Memorandum of Points and Authorities in Opposition PLAINTIFFS OPPOSITION TO DEFENDANT CITY OF SAN CA
Memorandum of Points and Authorities in Opposition
PLAINTIFFS OPPOSITION TO DEFENDANT CITY OF SAN CARLOS MOTION TO STRIKE PORTIONS OF PLAINTIFFS THIRD AMENDED COMPLAINT
Docket Event Notice of Errata ERRATA TO DEFENDANT CITY OF SAN CARLOS' MEMORANDUM OF POINTS AND AUTHORITIES IN S
Notice of Errata
ERRATA TO DEFENDANT CITY OF SAN CARLOS' MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STRIKE PORTIONS OF PLAINTIFFS' THIRD AMENDED COMPLAINT
Docket Event Amended Notice of Motion and Motion to AMENDED NOTICE OF MOTION TO STRIKE PORTIONS OF PLAINTIFFS' TH
Amended Notice of Motion and Motion to
AMENDED NOTICE OF MOTION TO STRIKE PORTIONS OF PLAINTIFFS' THIRD AMENDED COMPLAINT
Docket Event Declaration in Support DECLARATION OF COUNSEL PURSUANT TO C.C.P. 430.41 IN SUPPORT OF DEFENDANT
Declaration in Support
DECLARATION OF COUNSEL PURSUANT TO C.C.P. 430.41 IN SUPPORT OF DEFENDANT CITY OF SAN CARLOS' DEMURRER TO THE FIRST AND FOURTH CAUSES OF ACTION OF PLAINTIFFS' THIRD AMENDED COMPLAINT
Docket Event Demurrer - RJG Dec (FINAL)
Docket Event MTS Amended Notice (FINAL)
Docket Event MTS Errata MPA (FINAL)
Docket Event MTS - Proposed Order
Docket Event MTS - RJN to TAC
Docket Event MTS - MPA
Docket Event Decl of RJG Per CCP 435.5
Docket Event MTS - Notice
Docket Event Demurrer - AMENDED RJN to TAC
Docket Event POS - Amended RJN to Demurrer to TAC
Docket Event Proof of Service - ELECTRONIC of DEFENDANT CITY OF SAN CARLOS' AMENDED REQUEST FOR JUDICIAL NOTICE
Proof of Service - ELECTRONIC of
DEFENDANT CITY OF SAN CARLOS' AMENDED REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS DEMURRER TO THE FIRST AND FOURTH CAUSES OF ACTION OF PLAINTIFFS' THIRD AMENDED COMPLAINT
Docket Event Request for Judicial Notice AMENDED DEFENDANT CITY OF SAN CARLOS REQUEST FOR JUDICIAL NOTICE IN SUPP
Request for Judicial Notice
AMENDED DEFENDANT CITY OF SAN CARLOS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS DEMURRER TO THE FIRST AND FOURTH CAUSES OF ACTION OF PLAINTIFFS THIRD AMENDED COMPLAINT
Docket Event Proposed Order Received [PROPOSED] ORDER GRANTING DEFENDANT CITY OF SAN CARLOS MOTION TO STRIKE PORT
Proposed Order Received
[PROPOSED] ORDER GRANTING DEFENDANT CITY OF SAN CARLOS MOTION TO STRIKE PORTIONS OF PLAINTIFFS THIRD AMENDED COMPLAINT
Docket Event Request for Judicial Notice DEFENDANT CITY OF SAN CARLOS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF M
Request for Judicial Notice
DEFENDANT CITY OF SAN CARLOS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE PORTIONS OF PLAINTIFFS THIRD AMENDED COMPLAINT
Docket Event Declaration in Support DECLARATION OF COUNSEL PURSUANT TO C.C.P. 435.5 IN SUPPORT OF DEFENDANT CITY
Declaration in Support
DECLARATION OF COUNSEL PURSUANT TO C.C.P. 435.5 IN SUPPORT OF DEFENDANT CITY OF SAN CARLOS MOTION TO STRIKE PORTIONS OF PLAINTIFFS THIRD AMENDED COMPLAINT
Docket Event Motion to Strike DEFENDANT CITY OF SAN CARLOS' NOTICE OF MOTION TO STRIKE PORTIONS OF PLAINTIFFS'
Motion to Strike
DEFENDANT CITY OF SAN CARLOS' NOTICE OF MOTION TO STRIKE PORTIONS OF PLAINTIFFS' THIRD AMENDED COMPLAINT
Docket Event Memorandum of Points and Authorities in Support MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF D
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT CITY OF SAN CARLOS MOTION TO STRIKE PORTIONS OF PLAINTIFFS THIRD AMENDED COMPLAINT
Docket Event Proposed Order Received [PROPOSED] ORDER SUSTAINING DEFENDANT CITY OF SAN CARLOS DEMURRER TO THE FIR
Proposed Order Received
[PROPOSED] ORDER SUSTAINING DEFENDANT CITY OF SAN CARLOS DEMURRER TO THE FIRST AND FOURTH CAUSES OF ACTION OF PLAINTIFFS THIRD AMENDED COMPLAINT
Docket Event Request for Judicial Notice DEFENDANT CITY OF SAN CARLOS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF I
Request for Judicial Notice
DEFENDANT CITY OF SAN CARLOS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS DEMURRER TO THE FIRST AND FOURTH CAUSES OF ACTION OF PLAINTIFFS THIRD AMENDED COMPLAINT
Docket Event Declaration in Support DECLARATION OF COUNSEL PURSUANT TO C.C.P. 430.41 IN SUPPORT OF DEFENDANT CIT
Declaration in Support
DECLARATION OF COUNSEL PURSUANT TO C.C.P. 430.41 IN SUPPORT OF DEFENDANT CITY OF SAN CARLOS DEMURRER TO THE FIRST AND FOURTH CAUSES OF ACTION OF PLAINTIFFS THIRD AMENDED COMPLAINT
Docket Event Memorandum of Points and Authorities in Support MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF D
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT CITY OF SAN CARLOS DEMURRER TO THE FIRST AND FOURTH CAUSES OF ACTION OF PLAINTIFFS THIRD AMENDED COMPLAINT
Docket Event Demurrer to DEFENDANT CITY OF SAN CARLOS NOTICE OF DEMURRER AND DEMURRER TO THE FIRST AND FOURTH CAU
Demurrer to
DEFENDANT CITY OF SAN CARLOS NOTICE OF DEMURRER AND DEMURRER TO THE FIRST AND FOURTH CAUSES OF ACTION OF PLAINTIFFS THIRD AMENDED COMPLAINT
Docket Event Demurrer - MPA TAC
Docket Event Demurrer - Decl of RJG Per CCP 430.41
Docket Event Demurrer - RJN to TAC
Docket Event Demurrer - Notice and Demurrer to TAC
Docket Event Demurrer - Proposed Order to TAC
Docket Event Jury Trial
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Judge: Greenberg, Susan Trellis Spinner 👉 Discover key insights by exploring more analytics for Greenberg, Susan

Docket Event Pretrial hearing Trellis Spinner 👉 Discover key insights by exploring more analytics for Greenberg, Susan

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Docket Event Third Amended Complaint
Docket Event Zelnik_CSC_Third Amended Complaint 24-0222
Docket Event Order Type: ORDER GRANTING DEFENDANT CITY OF SAN CARLOS MOTION TO STRIKE PORTIONS OF PLAINTIFFS SE
Order
Type: ORDER GRANTING DEFENDANT CITY OF SAN CARLOS MOTION TO STRIKE PORTIONS OF PLAINTIFFS SECOND AMENDED COMPLAINT WITHOUT LEAVE TO AMEND. Signed by: JUDGE GREENBERG Date Signed: 2/14/2024
Docket Event Order Type: ORDER SUSTAINING DEFENDANT CITY OF SAN CARLOS DEMURRER TO PLAINTIFFS' SECOND AMENDED C
Order
Type: ORDER SUSTAINING DEFENDANT CITY OF SAN CARLOS DEMURRER TO PLAINTIFFS' SECOND AMENDED COMPLAINT WITH LEAVE TO AMEND. Signed by: JUDGE GREENBERG Date Signed: 2/14/2024
Docket Event Notice of Entry of Order
Docket Event Affidavit of Mailing
ORDER SUSTAINING DEFENDANT CITY OF SAN CARLOS DEMURRER TO PLAINTIFFS' SECOND AMENDED COMPLAINT WITH LEAVE TO AMEND.
Docket Event Affidavit of Mailing
ORDER GRANTING DEFENDANT CITY OF SAN CARLOS MOTION TO STRIKE PORTIONS OF PLAINTIFFS SECOND AMENDED COMPLAINT WITHOUT LEAVE TO AMEND.
Docket Event NOE Order Demurrer SAC (FINAL)
Docket Event NOE Order MTS SAC (FINAL)
Docket Event PROPOSED ORDER COVER SHEET [PROPOSED] ORDER SUSTAININGDEFENDANT CITY OF SAN CARLOS'DEMURRER TO PLA
PROPOSED ORDER COVER SHEET
[PROPOSED] ORDER SUSTAINING DEFENDANT CITY OF SAN CARLOS' DEMURRER TO PLAINTIFFS' SECOND AMENDED COMPLAINT WITH LEAVE TO AMEND
Docket Event PROPOSED ORDER COVER SHEET [PROPOSED] ORDER GRANTINGDEFENDANT CITY OF SAN CARLOS'MOTION TO STRIKE
PROPOSED ORDER COVER SHEET
[PROPOSED] ORDER GRANTING DEFENDANT CITY OF SAN CARLOS' MOTION TO STRIKE PORTIONS OF PLAINTIFFS' SECOND AMENDED COMPLAINT WITHOUT LEAVE TO AMEND
Docket Event PO Cover Sheet MTS (FINAL)
Docket Event PO Cover Sheet Demurrer (FINAL)
Docket Event Tentative ruling adopted and becomes order:
Docket Event ~CIV Minute Order - Hearing on Demurrer 01/25/2024
Hearing on Demurrer
DEFENDANT CITY OF SAN CARLOS NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS SECOND AMENDED COMPLAINT Trellis Spinner 👉 Discover key insights by exploring more analytics for Greenberg, Susan

Judge: Greenberg, Susan Trellis Spinner 👉 Discover key insights by exploring more analytics for Greenberg, Susan

Docket Event No appearance by any parties or their counsel of record.
Docket Event ~CIV Minute Order - Motion to Strike 01/25/2024
Motion to Strike
DEFENDANT CITY OF SAN CARLOS NOTICE OF MOTION TO STRIKE PORTIONS OF PLAINTIFFS SECOND AMENDED COMPLAINT Trellis Spinner 👉 Discover key insights by exploring more analytics for Greenberg, Susan

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Docket Event City Reply to Pltfs Opp to Motion to Strike
Docket Event Memorandum of Points and Authorities in Reply CITY OF SAN CARLOS REPLY TO PLAINTIFFS OPPOSITION TO D
Memorandum of Points and Authorities in Reply
CITY OF SAN CARLOS REPLY TO PLAINTIFFS OPPOSITION TO DEMURRER TO SECOND AMENDED COMPLAINT
Docket Event Memorandum of Points and Authorities in Opposition DEFENDANT CITY OF SAN CARLOS REPLY TO PLAINTIFFS
Memorandum of Points and Authorities in Opposition
DEFENDANT CITY OF SAN CARLOS REPLY TO PLAINTIFFS OPPOSITION TO MOTION TO STRIKE PORTIONS OF THE SECOND AMENDED COMPLAINT
Docket Event Reply to Opp to Demurrer
Docket Event Mandatory Settlement Conference
Docket Event Declaration in Support DECLARATION OF PATRICK A. HORMILLOSA IN SUPPORT OF PLAINTIFFS OPPOSITION TO D
Declaration in Support
DECLARATION OF PATRICK A. HORMILLOSA IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANT CITY OF SAN CARLOS MOTION TO STRIKE PORTIONS OF PLAINTIFFS SECOND AMENDED COMPLAINT
Docket Event Memorandum of Points and Authorities in Opposition PLAINTIFFS OPPOSITION TO DEFENDANT CITY OF SAN CA
Memorandum of Points and Authorities in Opposition
PLAINTIFFS OPPOSITION TO DEFENDANT CITY OF SAN CARLOS DEMURRER TO PLAINTIFFS SECOND AMENDED COMPLAINT
Docket Event Memorandum of Points and Authorities in Opposition PLAINTIFFS OPPOSITION TO DEFENDANT CITY OF SAN CA
Memorandum of Points and Authorities in Opposition
PLAINTIFFS OPPOSITION TO DEFENDANT CITY OF SAN CARLOS MOTION TO STRIKE PORTIONS OF PLAINTIFFS SECOND AMENDED COMPLAINT
Docket Event Declaration in Support DECLARATION OF PATRICK A. HORMILLOSA IN SUPPORT OF PLAINTIFFS OPPOSITION TO D
Declaration in Support
DECLARATION OF PATRICK A. HORMILLOSA IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANT CITY OF SAN CARLOS DEMURRER TO PLAINTIFFS SECOND AMENDED COMPLAINT
Docket Event Zelnik_Opp to Demurrer 24-0111
Docket Event Zelnik_Opp to MTS 24-0111
Docket Event Zelnik_PAH Decl Opp to MTS 24-0111
Docket Event Zelnik_PAH Decl Opp to Demurrer 24-0111
Docket Event Notice of Change of Address of Attorney
Docket Event Zelnik_Notice of Change of Address 24-0108
Docket Event Notice of Change of Address of Attorney
Docket Event 891711124200b76e
Docket Event Answer THIRD AMENDED CROSS-COMPLAINT
Answer
THIRD AMENDED CROSS-COMPLAINT
Docket Event Zelnik_Answer to TACC 23-1219
Docket Event Order AMENDED ORDER VACATING TRIAL DATE AND RESETTING TRIAL AND RELATED PRETRIAL DATES--SIGNED BY JU
Order
AMENDED ORDER VACATING TRIAL DATE AND RESETTING TRIAL AND RELATED PRETRIAL DATES--SIGNED BY JUDGE GREENBERG ON 12/11/2023
Docket Event Affidavit of Mailing AMENDED ORDER VACATING TRIAL DATE AND RESETTING TRIAL AND RELATED PRETRIAL DATE
Affidavit of Mailing
AMENDED ORDER VACATING TRIAL DATE AND RESETTING TRIAL AND RELATED PRETRIAL DATES
Docket Event Amended Order re TD 12.6.23
Docket Event Stipulation & Order Type: STIPULATION AND ORDER TO VACATE AND RESET TRIAL AND RELATED PRETRIAL DATES
Stipulation & Order
Type: STIPULATION AND ORDER TO VACATE AND RESET TRIAL AND RELATED PRETRIAL DATES Signed by: JUDGE GREENBERG Date Signed: 12/4/2023
Docket Event Affidavit of Mailing STIPULATION AND ORDER TO VACATE AND RESET TRIAL AND RELATED PRETRIAL DATES
Affidavit of Mailing
STIPULATION AND ORDER TO VACATE AND RESET TRIAL AND RELATED PRETRIAL DATES
Docket Event Stip and PO to Vacate Reset TD
Docket Event Third Amended Cross-Complaint
Docket Event 20_CIV_02572_Third_Amend_ross_Complaint_11_28
Docket Event Notice of Entry of Judgment/Order
Docket Event Affidavit of Mailing STIPULATION AND ORDER GRANTING DEFENDANT CITY OF SAN CARLOS LEAVE TO FILE A THI
Affidavit of Mailing
STIPULATION AND ORDER GRANTING DEFENDANT CITY OF SAN CARLOS LEAVE TO FILE A THIRD AMENDED CROSS-COMPLAINT
Docket Event Stipulation & Order Type: GRANTING DEFENDANT CITY OF SAN CARLOS LEAVE TO FILE A THIRD AMENDED CROSS-
Stipulation & Order
Type: GRANTING DEFENDANT CITY OF SAN CARLOS LEAVE TO FILE A THIRD AMENDED CROSS-COMPLAINT Signed by: JUDGE GREENBERG Date Signed: 11/16/2023
Docket Event Memorandum of Points and Authorities in Support MEMORANDUM OF POINTS ANDAUTHORITIES IN SUPPORT OFD
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT CITY OF SAN CARLOS MOTION TO STRIKE PORTIONS OF PLAINTIFFS SECOND AMENDED COMPLAINT
Docket Event Proposed Order Received [PROPOSED] ORDER SUSTAININGDEFENDANT CITY OF SAN CARLOS DEMURRER TO THE FI
Proposed Order Received
[PROPOSED] ORDER SUSTAINING DEFENDANT CITY OF SAN CARLOS DEMURRER TO THE FIRST AND FOURTH CAUSES OF ACTION OF PLAINTIFFS SECOND AMENDED COMPLAINT
Docket Event Proposed Order Received [PROPOSED] ORDER GRANTINGDEFENDANT CITY OF SAN CARLOS MOTION TO STRIKE POR
Proposed Order Received
[PROPOSED] ORDER GRANTING DEFENDANT CITY OF SAN CARLOS MOTION TO STRIKE PORTIONS OF PLAINTIFFS SECOND AMENDED COMPLAINT
Docket Event Declaration in Support DECLARATION OF COUNSEL PURSUANT TO C.C.P. 435.5 INSUPPORT OF DEFENDANT CITY
Declaration in Support
DECLARATION OF COUNSEL PURSUANT TO C.C.P. 435.5 IN SUPPORT OF DEFENDANT CITY OF SAN CARLOS' MOTION TO STRIKE PORTIONS OF PLAINTIFFS SECOND AMENDED COMPLAINT
Docket Event Motion to Strike DEFENDANT CITY OF SAN CARLOS NOTICE OF MOTION TO STRIKEPORTIONS OF PLAINTIFFS SE
Motion to Strike
DEFENDANT CITY OF SAN CARLOS NOTICE OF MOTION TO STRIKE PORTIONS OF PLAINTIFFS SECOND AMENDED COMPLAINT
Docket Event Memorandum of Points and Authorities in Support MEMORANDUM OF POINTS ANDAUTHORITIES IN SUPPORT OFD
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT CITY OF SAN CARLOS DEMURRER TO PLAINTIFFS SECOND AMENDED COMPLAINT
Docket Event Demurrer to DEFENDANT CITY OF SAN CARLOS NOTICE OF DEMURRER ANDDEMURRER TO PLAINTIFFS SECONDAMEN
Demurrer to
DEFENDANT CITY OF SAN CARLOS NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS SECOND AMENDED COMPLAINT
Docket Event Declaration in Support DECLARATION OF COUNSEL PURSUANT TO C.C.P. 430.41 IN SUPPORT OF DEFENDANT CITY
Declaration in Support
DECLARATION OF COUNSEL PURSUANT TO C.C.P. 430.41 IN SUPPORT OF DEFENDANT CITY OF SAN CARLOS' DEMURRER TO THE FIRST AND FOURTH CAUSES OF ACTION OF PLAINTIFFS' SECOND AMENDED COMPLAINT
Docket Event MTS - PO (FINAL)
Docket Event MTS - RJG Dec (FINAL)
Docket Event MTS - PsAs (FINAL)
Docket Event MTS - Notice (FINAL)
Docket Event Demurrer - PO (FINAL)
Docket Event Demurrer - RJG Dec (FINAL)
Docket Event Demurrer - PsAs (FINAL)
Docket Event Demurrer - Notice (FINAL)
Docket Event Pretrial Order #2
Pretrial Order
Docket Event Affidavit of Mailing Re: Pretrial Oder #2
Affidavit of Mailing
Re: Pretrial Oder #2
Docket Event Notice of Change of Address of Attorney OR OTHER CONTACT INFORMATION
Notice of Change of Address of Attorney
OR OTHER CONTACT INFORMATION
Docket Event 79764Notic00254f
Docket Event Declaration of Demurring or Moving Party In Support of Automatic Extension
Declaration of Demurring or Moving Party In Support of
Automatic Extension
Docket Event Zelnik_CSC_Dec of Demurring Party 23-0630
Docket Event Motion for Leave to File Amended Complaint/Answer Trellis Spinner 👉 Discover key insights by exploring more analytics for Greenberg, Susan

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Docket Event Summons Cross-Complaint for Civil Division CITY OF SAN CARLOS SECOND AMENDED CROSS-COMPLAINT
Summons Cross-Complaint for Civil Division
CITY OF SAN CARLOS SECOND AMENDED CROSS-COMPLAINT
Docket Event Second Amended Complaint
Docket Event Civil Case Cover Sheet
Docket Event Second Amended Cross-Complaint
Docket Event 20_CIV_02572_Second_Amended_Cross_Complaint
Docket Event 20_CIV_02572_City_s_Civil_Case_Cover_Sheet
Docket Event 20_CIV_02572_City_s_Summons_Cross_Complaint_2
Docket Event Zelnik_CSC_SAC 23-0426 Final - 2
Docket Event Notice of Entry of Order
Docket Event 20_CIV_02572_Notice_of_E_Am_d_Cross_Complaint
Docket Event Affidavit of Mailing STIPULATION AND ORDER GRANTING (1) PLAINTIFFS LEAVE TO FILE SECOND AMENDED COMP
Affidavit of Mailing
STIPULATION AND ORDER GRANTING (1) PLAINTIFFS LEAVE TO FILE SECOND AMENDED COMPLAINT; (2) DEFENDANT CITY OF SAN CARLOS LEAVE TO FILE A SECOND AMENDED CROSS-COMPLAINT
Docket Event Stipulation & Order Type: GRANTING (1) PLAINTIFF'S LEAVE TO FILE SECOND AMENDED COMPLAINT; (2) DEFEN
Stipulation & Order
Type: GRANTING (1) PLAINTIFF'S LEAVE TO FILE SECOND AMENDED COMPLAINT; (2) DEFENDANT CITY OF SAN CARLOS LEAVE TO FILE A SECOND AMENDED CROSS-COMPLAINT Signed by: JUDGE GREENBERG Date Signed: 04/13/2023
Docket Event 20_CIV_02572_Joint_Stipu_le_Amended_Pleadings
Docket Event Notice NOTICE OF APPEARANCE OF NICOLAS J. MUSCOLINO AND DANIEL C. OREN
NOTICE OF APPEARANCE OF NICOLAS J. MUSCOLINO AND DANIEL C. OREN
Docket Event 20_CIV_02572_Notice_of_Appearance_of_NJM_DCO
Docket Event Amended Notice of Motion and Motion to FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
Amended Notice of Motion and Motion to
FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
Docket Event Zelnik_Amnd NOM Mtn for Leave 23-0314
Docket Event Notice of Reassignment for All Purposes
Docket Event Proposed Order Received GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
Proposed Order Received
GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
Docket Event Declaration in Support OF DONEL R. LOPEZ IN SUPPORT OF PLAINTIFFS MOTIONFOR LEAVE TO FILE SECOND AM
Declaration in Support
OF DONEL R. LOPEZ IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
Docket Event Motion for Leave to File SECOND AMENDED COMPLAINT
Motion for Leave to File
SECOND AMENDED COMPLAINT
Docket Event Memorandum of Points and Authorities in Support OF MOTION FOR LEAVE TO FILE SECOND AMENDEDCOMPLAINT
Memorandum of Points and Authorities in Support
OF MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
Docket Event Zelnik_MPA Motion for Leave to Amend 23-0228
Docket Event Zelnik_NOM Leave to Amend 23-0228
Docket Event Zelnik_DRL Decl 23-0228 Reduced
Docket Event Zelnik_Proposed Order 23-0228
Docket Event Affidavit of Mailing PRETRIAL ORDER #1
Affidavit of Mailing
PRETRIAL ORDER #1
Docket Event Pretrial Order #1
Pretrial Order
Docket Event Party appeared by audio and/or video
Donel Lopez, Robert Gundert
Docket Event ~CIV Minute Order - Case Management Conference 01/18/2023
Case Management Conference Trellis Spinner 👉 Discover key insights by exploring more analytics for Chou, Danny Y.

Judge: Chou, Danny Y.

Docket Event Notice of Mandatory Settlement Conference
Docket Event Joint Case Management and Trial Setting
Docket Event Joint 1.18.23 TSC-CM Statement (FINAL)
Docket Event ~CIV Minute Order - Trial Setting Conference 10/05/2022
Trial Setting Conference Trellis Spinner 👉 Discover key insights by exploring more analytics for Chou, Danny Y.

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Docket Event Party appeared by audio and/or video
Attorneys: Patrick Hormillosa, Robert Grundert, Thomas Trapani
Docket Event ~CIV Minute Order - Case Management and Trial Setting Conference 06/29/2022
Case Management and Trial Setting Conference Trellis Spinner 👉 Discover key insights by exploring more analytics for Chou, Danny Y.

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Docket Event Party appeared by audio and/or video
Donel Lopez, Robert Gundert, Josette D. Johnson
Docket Event Notice of Change of Address of Attorney OR OTHER CONTACT INFORMATION
Notice of Change of Address of Attorney
OR OTHER CONTACT INFORMATION
Docket Event Zelnik_Notice of Change of Address 22-0616
Docket Event Notice of Case Management and Trial Setting Conference
Docket Event Statement of Non-Agreement FIRST
Statement of Non-Agreement
FIRST
Docket Event Statement of Non-Agreement
Docket Event ADR Mediation Scheduled
Docket Event ADR Evaluation Notice Sent
Docket Event Notice of Change of Firm Name
Docket Event RM NOTICE OF FIRM NAME CHANGE (PE)
Docket Event 2nd Time Extension Granted for ADR Compliance
Until 05/20/22 per Order filed 03/09/22.
Docket Event Stipulation & Order EXTENDING ADR DEADLINE
Stipulation & Order
EXTENDING ADR DEADLINE
Docket Event Stipulation & Order
Docket Event Stip and Proposed Order to Ext ADR Deadline
Docket Event Notice of Failure to Timely Complete ADR Process
10 Day Reminder Notice to Complete the ADR Process
Docket Event ADR Mediation Scheduled
Docket Event 2nd Time Extension Granted for ADR Compliance
Until 01/31/2022 per order filed 09/30/21.
Docket Event Notice of Entry of Judgment/Order
Docket Event Ex Parte Order EX PARTE ORDER EXTENDING MEDIATION DEADLINE
EX PARTE ORDER EXTENDING MEDIATION DEADLINE
Docket Event Ex Parte Application DEFENDANT CITY OF SAN CARLOS' EX PARTE APPLICATION FOR AN ORDER EXTENDING THE M
Ex Parte Application
DEFENDANT CITY OF SAN CARLOS' EX PARTE APPLICATION FOR AN ORDER EXTENDING THE MEDIATION DEADLINE; DECLARATION OF ROBERT J. GUNDERT IN SUPPORT OF EX PARTE APPLICATION
Docket Event Party appeared by audio and/or video
Above noted counsel
Docket Event ~CIV Minute Order - Informal Discovery Conference 09/27/2021
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Docket Event Motion to Compel Interrogatories (form and special)
PLAINTIFF'S MOTION AND MOTION TO COMPEL DEFENDANT CITY OF SAN CARLO'S RESPONSES TO FORM INTERROGATORIES - GENERAL, SET ONE, REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, AND SPECIAL INTERROGATORIES, SET ONE Trellis Spinner 👉 Discover key insights by exploring more analytics for Healy, Nicole S.

Judge: Healy, Nicole S.

Docket Event Answer TO FIRST AMENDED CROSS-COMPLAINT OF CITY OF SAN CARLOS
Answer
TO FIRST AMENDED CROSS-COMPLAINT OF CITY OF SAN CARLOS
Docket Event Order to Show Cause Re: Failed to File Stip and Order to ADR Trellis Spinner 👉 Discover key insights by exploring more analytics for Halperin, Ernst A.

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Docket Event 1st Time Extension Granted for ADR Compliance
Until 11/22/21 as mediation is scheduled for 10/18/21. OSC list clean up.
Docket Event Notice OF WITHDRAWAL OF MOTION TO COMPEL DEFENDANT CITY OF SAN CARLOS' RESPONSES TO FORM INTERROGATO
Notice
OF WITHDRAWAL OF MOTION TO COMPEL DEFENDANT CITY OF SAN CARLOS' RESPONSES TO FORM INTERROGATORIES- GENERAL; ETC...
Docket Event Stipulation and Order to ADR Trellis Spinner 👉 Discover key insights by exploring more analytics for Halperin, Ernst A.

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Docket Event PROPOSED ORDER RECEIVED-CMC SENT TO
Dept 34, STIP/ORDER TO ADR Trellis Spinner 👉 Discover key insights by exploring more analytics for Halperin, Ernst A.

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Docket Event CMC - Failure to Comply - 21 day Stip
Docket Event Memorandum of Points and Authorities in Opposition OF DEFENDANT CITY OF SAN CARLOS TO PLAINTIFF'S MO
Memorandum of Points and Authorities in Opposition
OF DEFENDANT CITY OF SAN CARLOS TO PLAINTIFF'S MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES (SET ONE), SPECIAL INTERROGATORIES (SET ONE) AND REQUESTS FOR PRODUCTION OF DOCUMENTS (SET ONE); DECLARATION OF ROBERT J. GUNDERT IN OPPOSITION TO MOTIONS
Docket Event OSC Needs to be set Failure to file Stip
Docket Event Declaration in Support DECLARATION OF DONEL R. LOPEZ IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL DEFE
Declaration in Support
DECLARATION OF DONEL R. LOPEZ IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL DEFENDANT CITY OF SAN CARLO'S RESPONSES TO FORM INTERROGATORIES - GENERAL, SET ONE, REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, AND SPECIAL INTERROGATORIES, SET ONE
Docket Event Notice of Motion and Motion to Compel PLAINTIFF'S MOTION AND MOTION TO COMPEL DEFENDANT CITY OF SAN
Notice of Motion and Motion to Compel
PLAINTIFF'S MOTION AND MOTION TO COMPEL DEFENDANT CITY OF SAN CARLO'S RESPONSES TO FORM INTERROGATORIES - GENERAL, SET ONE, REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, AND SPECIAL INTERROGATORIES, SET ONE
Docket Event Memorandum of Points and Authorities in Support OF PLAINTIFF'S MOTION TO COMPEL DEFENDANT CITY OF SA
Memorandum of Points and Authorities in Support
OF PLAINTIFF'S MOTION TO COMPEL DEFENDANT CITY OF SAN CARLO'S RESPONSES TO FORM INTERROGATORIES - GENERAL, SET ONE, REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, AND SPECIAL INTERROGATORIES, SET ONE
Docket Event Proposed Order Received [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL DEFENDANT CITY OF SAN
Proposed Order Received
[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL DEFENDANT CITY OF SAN CARLO'S RESPONSES TO FORM INTERROGATORIES - GENERAL, SET ONE, REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, AND SPECIAL INTERROGATORIES, SET ONE
Docket Event ADR Stipulation Follow Up
10 Day Reminder Notice to file Stipulation and Order to ADR
Docket Event Case Management Conference Trellis Spinner 👉 Discover key insights by exploring more analytics for Halperin, Ernst A.

Judge: Halperin, Ernst A.

Docket Event ADR Referral
Docket Event Case Management Statement
Docket Event CMC - At issue - Referral to ADR
Docket Event Case Management Statement
Docket Event Request For Dismissal Partial (for multiple parties) With Prejudice AS TO STEVE B COOPER AND NICOLE
Request For Dismissal Partial (for multiple parties)
With Prejudice AS TO STEVE B COOPER AND NICOLE DERNER
Docket Event Order RE: MOTION FOR LEAVE TO FILE CROSS-COMPLAINT
Order
RE: MOTION FOR LEAVE TO FILE CROSS-COMPLAINT
Docket Event CMC - At issue - Meet and confer.
Docket Event Advanced Jury Fee Plaintiff Non-Refundable
Docket Event Case Management Statement
Docket Event Case Management Statement
Docket Event Case Management Statement
Docket Event Order Denying CITY"S MOTION FOR LEAVE TO FILE CROSS-COMPLAINT PER JUDGE FINEMAN
Order Denying
CITY"S MOTION FOR LEAVE TO FILE CROSS-COMPLAINT PER JUDGE FINEMAN
Docket Event Request For Dismissal Partial (for multiple parties) With Prejudice AS TO DEFENDANT MAXINE DUMAS AND
Request For Dismissal Partial (for multiple parties)
With Prejudice AS TO DEFENDANT MAXINE DUMAS AND MICHELLE DUMAS DBA DUMAS PROPERTIES
Docket Event Request For Dismissal Partial (for multiple parties) With Prejudice AS TO DEFENDANT FRED OFFENBACH,
Request For Dismissal Partial (for multiple parties)
With Prejudice AS TO DEFENDANT FRED OFFENBACH, TRUSTEE OF THE OFFENBACH TRUST
Docket Event Notice of Case Management Conference
CMC 3/30/21
Docket Event Notice of Assignment for All Purposes
Docket Event CMC - Not at issue - no service/default/answer.
Docket Event Case Management Statement
Docket Event Notice of Posting Jury Fees
Docket Event ~CIV Minute Order - Motion for Leave 12/02/2020
Motion for Leave
TO FILE CROSS-COMPLAINT TO QUIET TITLE TO REAL PROPERTY, FOR DECLARATORY RELIEF, FOR RELIEF FOR A PRELIMINARY INJUNCTION , AND PERMANENT INJUNCTION AGAINST CROSS-DEFENDANTS PROHIBITING ACCESS TO EASEMENT Trellis Spinner 👉 Discover key insights by exploring more analytics for Fineman, Nancy L.

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Docket Event Case Management Statement
Docket Event Party appeared by audio and/or video
Added by automated script
Docket Event Tentative ruling modified and becomes order:
CITY OF SAN CARLOS'S MOTION FOR LEAVE TO FILE CROSS-COMPLAINT Cross-Complainant City of San Carlos's unopposed Motion for Leave to File Cross-Complaint is GRANTED pursuant to Code of Civ. Proc. 426.50 and the parties' stipulation filed October 5, 2020.
Docket Event Association of Counsel / Attorney Attorney: TODD MASTER hereby associates withAttorney: GREGORY J.
Association of Counsel / Attorney
Attorney: TODD MASTER hereby associates with Attorney: GREGORY J. RUBENS
Docket Event Declaration in Support OF SHANNON B. JONES IN SUPPORT OF 30-DAY EXTENSION TO FILE DEMURRER AND/OR MO
Declaration in Support
OF SHANNON B. JONES IN SUPPORT OF 30-DAY EXTENSION TO FILE DEMURRER AND/OR MOTION TO STRIKE AS DEFENDANTS TCGLG, INC. DBA KELLER WILLIAMS BAY AREA ESTATES, NICOLE DERNER AND STEVE S. COOPER'S RESPONSE TO PLAINTIFFS' FIRST AMENDED COMPLAINT
Docket Event First Amended Cross-Complaint
Docket Event Proof of Service - ELECTRONIC of CITY OF SAN CARLOS' AMENDED CROSS-COMPLAINT
Proof of Service - ELECTRONIC of
CITY OF SAN CARLOS' AMENDED CROSS-COMPLAINT
Docket Event Answer to PLAINTIFFS' UNVERIFIED FIRST AMENDED COMPLAINT
Answer
to PLAINTIFFS' UNVERIFIED FIRST AMENDED COMPLAINT
Docket Event Substitution of Attorney as to Former Attorney: JEFFREY P. WIDMANNew Attorney: JOSEPH A LEPERA
Substitution of Attorney as to
Former Attorney: JEFFREY P. WIDMAN New Attorney: JOSEPH A LEPERA
Docket Event Substitution of Attorney as to Former Attorney: JEFFREY P. WIDMANNew Attorney: JOSEPH A. LEPERA
Substitution of Attorney as to
Former Attorney: JEFFREY P. WIDMAN New Attorney: JOSEPH A. LEPERA
Docket Event Party appeared by audio and/or video
Added by automated script
Docket Event ~CIV Minute Order - Hearing on Demurrer 10/26/2020
Hearing on Demurrer
TO COMPLAINT Trellis Spinner 👉 Discover key insights by exploring more analytics for Fineman, Nancy L.

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Docket Event Tentative ruling adopted and becomes order:
DEFENDANTS MAXINE DUMAS, MICHELLE DUMAS, AND DUMAS PROPERTIES, INC.'S MOTION TO STRIKE THE COMPLAINT FILED BY PLAINTIFFS GERARD ZELNIK AND BIANCA ZELNIK PURSUANT TO CCP 435 The hearing on Defendants Maxine Dumas et. al.'s Motion to Strike portions of Plaintiffs' 6-19-20 Complaint is OFF CALENDAR. The Court recently sustained a Demurrer to Plaintiffs' Complaint filed by another Defendant, Fred Offenbach and the order has been entered. See 10-22-20 Order. Plaintiffs have already indicated they have prepared and will file shortly a First Amended Complaint (FAC), which will render the present Motion to Strike moot. The Court acknowledges Defendants' request (see 10-9-20 "Statement of Non-Opposition") that it rule on this Motion to Strike even though Plaintiffs will be filing a FAC. The Court declines to do so. Defendants can file a motion to strike directed to the FAC, if appropriate.
Docket Event Tentative ruling adopted and becomes order:
DEFENDANTS MAXINE DUMAS, MICHELLE DUMAS, AND DUMAS PROPERTIES, INC.'S DEMURRER TO THE COMPLAINT FILED BY PLAINTIFFS GERARD ZELNIK AND BIANCA ZELNIK The hearing on Defendants Maxine Dumas et. al.'s Demurrer to Plaintiffs' 6-19-20 Complaint is OFF CALENDAR. The Court recently sustained a Demurrer to Plaintiffs' Complaint filed by another Defendant, Fred Offenbach and the order has been entered. See 10-22-20 Order. Plaintiffs have already indicated they have prepared and will file shortly a First Amended Complaint (FAC), which will render the present Demurrer and Motion to Strike moot. The Court acknowledges Defendants' request (see 10-9-20 "Statement of Non-Opposition") that it rule on a portion of the Demurrer even though Plaintiffs will be filing a FAC. The Court declines to do so. Defendants can challenge the FAC via demurrer, if appropriate.
Docket Event ~CIV Minute Order - Motion to Strike 10/26/2020
Motion to Strike
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Docket Event Order After Hearing Hearing Type: SUSTAINING DEFENDANT FRED OFFENBACHS' DEMURRER TO COMPLAINTSigned
Order After Hearing
Hearing Type: SUSTAINING DEFENDANT FRED OFFENBACHS' DEMURRER TO COMPLAINT Signed by: JUDGE FINEMAN Date Signed: 10/21/2020
Docket Event First Amended Complaint
Docket Event Non-Opposition to DEMURRER AND MOTION TO STRIKE & PLAINTIFFS INTENT TO AMEND
Non-Opposition to
DEMURRER AND MOTION TO STRIKE & PLAINTIFFS INTENT TO AMEND
Docket Event Notice
PROPOSED ORDER COVERSHEET
Docket Event CMC - Not at issue - other/motion pending.
Docket Event Notice of Case Management Conference
CMC 12/18/20
Docket Event Case Management Statement
Docket Event Notice of Posting Jury Fees
Docket Event Case Management Statement
Docket Event Case Management Statement
Docket Event ~CIV Minute Order - Hearing on Demurrer 10/09/2020
Hearing on Demurrer
DEFENDANT FRED OFFENBACH TRUSTEE'S NOTICE OF DEMURRER TO COMPLAINT:MEMORANDUM OF POINTS AND AUTHORITIES: DECLARATION OF BRIAN IRION Trellis Spinner 👉 Discover key insights by exploring more analytics for Fineman, Nancy L.

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Added by automated script
Docket Event Tentative ruling adopted and becomes order:
FRED OFFENBACH, TRUSTEE'S DEMURRER TO COMPLAINT The Demurrer of Defendant Fred Offenbach, Trustee of the Offenbach Trust ("Defendant") to the Complaint of Plaintiffs Gerard Zelnik and Bianca Zelnik ("Plaintiffs"), is ruled on as follows: (1) Demurrer to the Seventh Cause of Action for Inverse Condemnation and Ninth Cause of Action for Agent's Breach of Fiduciary Duty is DROPPED. Although these claims fail to specify against which defendants they are brought, Plaintiffs state that they are not alleged against Defendant. (2) Demurrer to the Second Cause of Action for Nuisance is SUSTAINED WITHOUT LEAVE TO AMEND based on failure to state facts sufficient to support this claim. Plaintiffs concede that this claim was inadvertently pled against Defendant, and only intended to be pled against Defendant City of San Carlos. (3) Demurrer to the First Cause of Action for Negligence is SUSTAINED WITH LEAVE TO AMEND based on failure to allege facts sufficient to support this claim. On its face, this claim appears to be time barred. The Complaint supports that Plaintiffs became aware of an issue with the sewer by June 2016. (See Complaint 13, and Exh. A, Sewer Issue Timeline.) The Complaint was filed on June 19, 2020. (See Plaintiffs' Request for Judicial Notice, Exh. A.) The parties disagree as to whether a two-year statute of limitations for negligence under Code of Civil Procedure section 335.1 applies, or the three-year statute of limitations under Code of Civil Procedure section 338(b) applies. The applicable statute of limitations is determined by identifying the nature of the underlying injury asserted by the plaintiff, and not the legal theory of recovery. (McCoy v. Gustafson (2009) 180 Cal.App.4th 56, 105.) In CAMSI IV v. Hunter Technology Corp. (1991) 230 Cal.App.3d 1525, the buyer of real property sued the seller for negligence, negligence per se and strict liability, for allegedly contaminating the soil and groundwater with volatile organic chemicals. Despite the legal theories upon which buyer sought recovery, the court found that the three-year statute of limitations for injury to real property under section 338(b) applied. (Id. at 1534-1535.) Likewise, Plaintiffs' Complaint supports that the three-year statute of limitations under section 338(b) applies in this case. Regardless of whether a two-year or three-year statute of limitations applies though, this claim appears to be time barred. Plaintiffs further contend though, that the delayed discovery rule applies. The delayed discovery rule postpones commencement of the limitations period until the plaintiff discovers or should have discovered all facts essential to the cause of action, which is "when 'plaintiff either (1) actually discovered his injury and its negligent cause or (2) could have discovered injury and cause through the exercise of reasonable diligence [italics added].' " (Camsi IV, supra at 1536.) A plaintiff whose complaint on its face would otherwise be time barred by the statute of limitations and intends to rely on the delayed discovery rule must specifically pled facts showing: (1) the time and manner of discovery and (2) the inability to have made earlier discovery despite reasonable diligence. (Ibid.; see also Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797, 808.) Plaintiffs allege that they first discovered the sewer odor in 2016, but that the City told them it was caused by the neighbor's dogs, thereby supporting that they did not actually discover the negligent cause then. Plaintiffs therefore contend that the statute of limitations did not begin to run until May 2019 when a large pool of water accumulated. However, Plaintiffs have not addressed why they could not have discovered the cause earlier through the exercise of reasonable diligence, especially in light of the allegation that this sewer leak existed when Defendant owned the property. Plaintiffs are therefore given leave to amend to allege, if possible, facts supporting that the delayed discovery rule applies. Furthermore, Plaintiffs fail to allege facts sufficient to support all elements of this negligence claim against Defendant, including a duty of care and breach of that duty. The elements of a claim for negligence are: (1) the existence of a duty of care owed by the defendant to the plaintiff, (2) a breach of that duty, (3) causation, and (4) damages. (Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.) Plaintiffs contend that Defendant owed a duty of care to reasonably inspect the property for defects and disclose them to Plaintiffs, but the duty of care alleged in the Complaint is a duty to repair, install and maintain the sewer pipes. (Complaint 44.) Thus, Plaintiffs are given leave to amend to allege a negligence claim, if possible, based on such facts. (4) Demurrer to the Eighth Cause of Action for Negligent Misrepresentation is SUSTAINED WITH LEAVE TO AMEND based on failure to allege facts sufficient to support this claim. Defendant also demurs to this claim as barred by the statute of limitations. For the same reasons discussed above as to the negligence claim, Plaintiffs also fail to allege facts sufficient to support that the delayed discovery rule applies here. Accordingly, this claim appears to be barred by the statute of limitations. Additionally, Plaintiffs fail to plead facts sufficient to support a claim for negligent misrepresentation. A claim for negligent misrepresentation sounds in fraud, and therefore each element must be plead with specificity, including facts showing how, when, where, to whom, and by what means the representation was made. (Daniels v. Select Portfolio Servicing, Inc. (2016) 246 Cal.App.4th 1150, 1166-1167.) The elements of negligent misrepresentation are (1) the misrepresentation of a past or existing material fact, (2) without reasonable ground for believing it to be true, (3) with intent to induce another's reliance on the fact misrepresented, (4) justifiable reliance on the misrepresentation, and (5) resulting damage. (Apollo Capital Fund, LEC v. Roth Capital Partners, LLC (2007) 158 Cal.App.4th 226, 243.) "...[A] positive assertion is required; an omission or an implied assertion or representation is not sufficient. (Ibid., citing Residential Capital v. Cal-Western Reconveyance Corp. (2003) 108 Cal.App.4th 807, 828.) The Complaint fails to allege facts to support all the elements of this claim with the required specificity, including a misrepresentation of a material fact without reasonable ground for believing it to be true. Moreover, Plaintiffs seem to be arguing that Defendant had a duty to disclose the sewage leak on the property, yet failed to disclose it. Defendant points out that Plaintiff instead seems to be claiming fraudulent concealment rather than negligent misrepresentation. "It is now settled in California that where the seller knows of facts materially affecting the value or desirability of the property which are known or accessible only to him and also knows that such facts are not known to, or within the reach of the diligent attention and observation of the buyer, the seller is under a duty to disclose them to the buyer. [Citations omitted]." (Lingsch v. Savage (1963) 213 Cal.App.2d 729, 735.) The seller's failure to fulfill this duty of disclosure constitutes actual fraud. (Id. at 736.) The elements for fraudulent concealment are: (1) concealment or suppression of a material fact; (2) by a defendant with a duty to disclose the fact to the plaintiff; (3) the defendant intended to defraud the plaintiff by intentionally concealing or suppressing the fact; (4) the plaintiff was unaware of the fact and would not have acted as he or she did if he or she had known of the concealed or suppressed fact; and (5) plaintiff sustained damage as a result of the concealment or suppression of the fact. [Citation.]" (Hambrick v. Healthcare Partners Medical Group, Inc. (2015) 238 Cal.App.4th 124, 162.) To the extent that Plaintiffs are attempting to plead fraudulent concealment instead, Plaintiff also have not alleged facts sufficient to support this claim with the necessary specificity. (5) Plaintiffs' Request for Judicial Notice of the Complaint is GRANTED. (6) Plaintiffs have 10 days from service of written notice of entry of order by Defendant to file and serve a First Amended Complaint. (California Rule of Court 3.1320(g); Code of Civil Procedure 472b.) If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendant Offenback shall prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.
Docket Event Cause Of Action
Docket Event Motion for Leave to File CROSS-COMPLAINT TO QUIET TITLE TO REAL PROPERTY, FOR DECLARATORY RELIEF, FO
Motion for Leave to File
CROSS-COMPLAINT TO QUIET TITLE TO REAL PROPERTY, FOR DECLARATORY RELIEF, FOR RELIEF FOR A PRELIMINARY INJUNCTION , AND PERMANENT INJUNCTION AGAINST CROSS-DEFENDANTS PROHIBITING ACCESS TO EASEMENT
Docket Event Cross Complaint
Docket Event Proposed Order Received STIPULATION FOR CITY OF SAN CARLOS' CROSS-COMPLAINT
Proposed Order Received
STIPULATION FOR CITY OF SAN CARLOS' CROSS-COMPLAINT
Docket Event Declaration in Support OF GREGORY J. RUBENS OF CITY OF SAN CARLOS' MOTION FOR LEAVE TO FILE CROSS-CO
Declaration in Support
OF GREGORY J. RUBENS OF CITY OF SAN CARLOS' MOTION FOR LEAVE TO FILE CROSS-COMPLAINT
Docket Event Notice of Posting Jury Fees DEFENDANT CITY OF SAN CARLOS' AMENDED NOTICE OF POSTING JURY FEES.
Notice of Posting Jury Fees
DEFENDANT CITY OF SAN CARLOS' AMENDED NOTICE OF POSTING JURY FEES.
Docket Event Memorandum of Points and Authorities in Reply IN SUPPORT OF DEMURRER TO COMPLAINT
Memorandum of Points and Authorities in Reply
IN SUPPORT OF DEMURRER TO COMPLAINT
Docket Event Amended Answer/Response/Denial (No Fee) AMENDED/CORRECTED ANSWER TO PLAINTIFFS' UNVERIFIED COMPLAINT
Amended Answer/Response/Denial (No Fee)
AMENDED/CORRECTED ANSWER TO PLAINTIFFS' UNVERIFIED COMPLAINT
Docket Event Memorandum of Points and Authorities in Opposition TO DEFENDANT FRED OFFENBACH'S DEMURRER TO PLAINTI
Memorandum of Points and Authorities in Opposition
TO DEFENDANT FRED OFFENBACH'S DEMURRER TO PLAINTIFFS' COMPLAINT
Docket Event Request for Judicial Notice IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT FRED OFFENBACH'S DEMUR
Request for Judicial Notice
IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT FRED OFFENBACH'S DEMURRER TO PLAINTIFFS' COMPLAINT
Docket Event Amended Notice Of DEMURRER TO COMPLAINT
Amended Notice Of
DEMURRER TO COMPLAINT
Docket Event Amended Notice Of MOTION TO STRIKE COMPLAINT
Amended Notice Of
MOTION TO STRIKE COMPLAINT
Docket Event Demurrer to COMPLAINT
Demurrer to
COMPLAINT
Docket Event Motion to Strike COMPLAINT
Motion to Strike
COMPLAINT
Docket Event Demurrer and First Appearance Fee to DEFENDANT FRED OFFENBACH TRUSTEE'S NOTICE OF DEMURRER TO COMPLA
Demurrer and First Appearance Fee to
DEFENDANT FRED OFFENBACH TRUSTEE'S NOTICE OF DEMURRER TO COMPLAINT:
Docket Event Advanced Jury Fee Defendant Non-Refundable
Docket Event Answer (Unlimited) Answer TO COMPLAINT
Answer (Unlimited)
Answer TO COMPLAINT
Docket Event Proof of Service by SUBSTITUTED SERVICE of SUMMONS; CIVIL CASE COVER SHEET; COMPLAINT; NOTICE OF CMC
Proof of Service by SUBSTITUTED SERVICE of
SUMMONS; CIVIL CASE COVER SHEET; COMPLAINT; NOTICE OF CMC BY SERVING BRAD PICKENS AGENT
Docket Event Proof of Service by SUBSTITUTED SERVICE of SUMMONS; CIVIL CASE COVER SHEET; COMPLAINT; NOTICE OF CMC
Proof of Service by SUBSTITUTED SERVICE of
SUMMONS; CIVIL CASE COVER SHEET; COMPLAINT; NOTICE OF CMC BY SERVING KAYKAB RODRIGUEZ RECEPTIONIST
Docket Event Proof of Service by PERSONAL SERVICE of SUMMONS, COMPLAINT, CIVIL CASE COVER SHEET, NOTICE OF CMC
Proof of Service by PERSONAL SERVICE of
SUMMONS, COMPLAINT, CIVIL CASE COVER SHEET, NOTICE OF CMC
Docket Event Proof of Service by PERSONAL SERVICE of SUMMONS, COMPLAINT, CIVIL CASE COVER SHEET, NOTIE OF CMC - S
Proof of Service by PERSONAL SERVICE of
SUMMONS, COMPLAINT, CIVIL CASE COVER SHEET, NOTIE OF CMC - SERVED CRYSTAL MUI - REGISTERED AGENT FOR SERVICE
Docket Event Civil Case Cover Sheet
Docket Event Notice of Case Management Conference
Docket Event Summons Issued / Filed
Docket Event Complaint
Docket Event Cause Of Action
Docket Event New Filed Case

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