This case was last updated from San Francisco County Superior Courts on 07/16/2020 at 01:38:18 (UTC).

640 OCTAVIA LLC ET AL VS. GREGORY S. WALSTON ET AL

Case Summary

On 07/15/2020 640 OCTAVIA LLC filed a Contract - Professional Negligence lawsuit against GREGORY S WALSTON. This case was filed in San Francisco County Superior Courts, Civic Center Courthouse located in San Francisco, California. The Judge overseeing this case is GARRETT L. WONG. The case status is Not Classified By Court.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5410

  • Filing Date:

    07/15/2020

  • Case Status:

    Not Classified By Court

  • Case Type:

    Contract - Professional Negligence

  • County, State:

    San Francisco, California

Judge Details

Judge

GARRETT L. WONG

 

Party Details

Plaintiffs

640 OCTAVIA LLC

KOUNTZE, EDWARD

Defendants

WALSTON, GREGORY S.

DOES 1 TO 50 INCLUSIVE

THE WALSTON LAW GROUP

Attorney/Law Firm Details

Plaintiff Attorney

BORNSTEIN, JONATHAN H

Attorney at BORNSTEIN & BORNSTEIN

2701 Telegraph Avenue, Suite 200

Oakland, CA 94612-1715

 

Court Documents

COMPLAINT

PROFESSIONAL NEGLIGENCE, COMPLAINT FILED BY PLAINTIFF 640 OCTAVIA LLC KOUNTZE, EDWARD AS TO DEFENDANT WALSTON, GREGORY S. THE WALSTON LAW GROUP DOES 1 TO 50 INCLUSIVE SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR DEC-16-2020 PROOF OF SERVICE DUE ON SEP-14-2020 CASE MANAGEMENT STATEMENT DUE ON NOV-23-2020

Notice to Plaintiff

NOTICE TO PLAINTIFF

 

Docket Entries

  • 12/16/2020
  • HearingMatter(s): CASE MANAGEMENT CONFERENCE; Location: CIVIC CENTER COURTHOUSE ROOM 610; Judge Name: GARRETT L. WONG

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  • 07/15/2020
  • FinancialPayment : JURY FEES; Amount : $150; Payment Type : CREDIT CARD ; Receipt Number : W0920715J008

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  • 07/15/2020
  • DocketJURY FEES DEPOSITED BY PLAINTIFF 640 OCTAVIA LLC KOUNTZE, EDWARD (Fee:$150.00)

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  • 07/15/2020
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  • DocketNOTICE TO PLAINTIFF

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  • 07/15/2020
  • FinancialPayment : CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Amount : $450; Payment Type : CREDIT CARD ; Receipt Number : W0920715F007

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  • 07/15/2020
  • View Court Documents
  • DocketPROFESSIONAL NEGLIGENCE, COMPLAINT FILED BY PLAINTIFF 640 OCTAVIA LLC KOUNTZE, EDWARD AS TO DEFENDANT WALSTON, GREGORY S. THE WALSTON LAW GROUP DOES 1 TO 50 INCLUSIVE SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR DEC-16-2020 PROOF OF SERVICE DUE ON SEP-14-2020 CASE MANAGEMENT STATEMENT DUE ON NOV-23-2020 (Fee:$450.00)

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Tentative Rulings

Case Number:*******5410
Case Title:640 OCTAVIA LLC ET AL VS. GREGORY S. WALSTON ET AL
Court Date:MAY-06-2021 09:00 AM
Calendar Matter:Defendant Gregory S. Walston And Walston And Associates Dba The Walston Law Groups, Notice Of Motion And Motion To Compel Responses From Plaintiffs 640 Octavia Llc And Edward Kountze
Rulings:Matter on the Discovery Calendar for Thursday, May 6, 2021, Line 7, Defendant Gregory S. Walston and Walston and Associates dba The Walston Law Group's Motion To Compel Responses from Plaintiffs 640 Octavia LLC and Edward Kountze.Pro Tem Judge David McDonald, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all parties to the motion sign the stipulation, the Pro Tem Judge will hold a hearing on the motion and, based on the papers submitted by the parties and the hearing, issue a report in the nature of a recommendation to the Dept. 302 Judge, who will then decide the motion. If a party does not appear at the hearing, the party will be deemed to have stipulated that the motion will be decided by the Pro Tem Judge with the same authority as a Superior Court Judge. The Pro Tem Judge has issued the following tentative ruling: No opposition filed; motion granted. Supplemental responses to be served by May 28, 2021. Sanctions in the amount of $2,500 awarded to Defendants and payable by May 28, 2021. As a result of the COVID-19 emergency, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link (DISCOVERY, DEPT 301 @ 9:00AM), or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to davididaho14@gmail.com with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. If parties have arranged for a court reporter to appear, please include the following in your email: (1) ensure that they are California Certified Shorthand Reporters; (2) the reporter's full contact information [name, CSR number, personal work email, and phone number]. If the reporter is not a California Certified Shorthand Reporter, the transcript cannot be certified for use in California courts. If the tentative ruling is not contested, the parties are deemed to have stipulated to the Pro Tem hearing the motion and the Pro Tem will sign an order confirming the tentative ruling. The prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must e-mail it to the Judge Pro Tem. =(302/JPT)


Case Number:*******5410
Case Title:640 OCTAVIA LLC ET AL VS. GREGORY S. WALSTON ET AL
Court Date:AUG-16-2021 09:30 AM
Calendar Matter:Notice Of Motion For Monetary Sanctions And Termination Sanctions
Rulings:Set for hearing on Monday, August 16, 2021, Line 5,DEFENDANT GREGORY WALSTON's Motion For Monetary Sanctions And Termination Sanctions.Continued to be heard at 9:00 am in Dept. 301 on the same day. Dept. 301 handles all discovery matters.=(302/EPS)


Case Number:*******5410
Case Title:640 OCTAVIA LLC ET AL VS. GREGORY S. WALSTON ET AL
Court Date:AUG-20-2021 09:00 AM
Calendar Matter:Notice Of Motion For Monetary Sanctions And Termination Sanctions
Rulings:Matter on the Discovery Calendar for Friday, August 20, 2021, Line 3,Defendants Gregory Walston and Walston & Associates' Motion For Monetary Sanctions And Termination Sanctions:Pro Tem Judge Sigrid Irias, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all parties to the motion sign the stipulation, the Pro Tem Judge will hold a hearing on the motion and, based on the papers submitted by the parties and the hearing, issue a report in the nature of a recommendation to the Dept. 302 Judge, who will then decide the motion. If a party does not appear at the hearing, the party will be deemed to have stipulated that the motion will be decided by the Pro Tem Judge with the same authority as a Superior Court Judge. The Pro Tem Judge has issued the following tentative ruling:Hearing required. For the 9:00a.m. Discovery calendar, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link (DISCOVERY, DEPT 301 @ 9:00AM), or dial the corresponding phone number. =(302/JPT)


Case Number:*******5410
Case Title:640 OCTAVIA LLC ET AL VS. GREGORY S. WALSTON ET AL
Court Date:NOV-23-2021 09:30 AM
Calendar Matter:Notice Of And Motion Of Motion For Reconsideration Of The Courts Discovery Order
Rulings:Matter on calendar for Tuesday, November 23, 2021, Line 8, PLAINTIFFS 640 OCTAVIA LLC, EDWARD KOUNTZE'S Motion For Reconsideration Of The Courts Discovery Order; **Court Reporter Fees Paid**Off calendar. On November 15, 2021, plaintiffs filed an amended notice of motion purporting to reset the motion for hearing in Dept. 302 on December 17, 2021. The Court notes, however, that the motion must be set for hearing in Dept. 301 before Judge Pro Tem Sigrid Arias, who issued the September 15, 2021 order as to which plaintiffs seek reconsideration. (Code Civ. Proc. sec. 1008(a) [application must be addressed to "the same judge or court that made the order"]; In re Marriage of Oliverez (2015) 238 Cal.App.4th 1242, 1247 ["A trial court's discretion to reconsider another judge's prior ruling is necessarily narrow and usually only appropriate when the prior judge is unavailable"].) The clerk of the court will be in contact with the parties to schedule a hearing on the motion before Judge Pro Tem Arias. =(302/EPS)


Case Number:*******5410
Case Title:640 OCTAVIA LLC ET AL VS. GREGORY S. WALSTON ET AL
Court Date:APR-19-2022 09:00 AM
Calendar Matter:Defendants Gregory Walston And Walston And Walston Associates' Motion For Monetary Sanctions And Termination Sanctions
Rulings:Matter on the Discovery Calendar for Tuesday, April 19, 2022, Line 6, Defendants Gregory Walston and Walston and Walston Associates' Motion For Monetary Sanctions And Termination Sanctions.Pro Tem Judge Scott Borrowman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all parties to the motion sign the stipulation, the Pro Tem Judge will hold a hearing on the motion and, based on the papers submitted by the parties and the hearing, issue a report in the nature of a recommendation to the Dept. 302 Judge, who will then decide the motion. If a party does not appear at the hearing, the party will be deemed to have stipulated that the motion will be decided by the Pro Tem Judge with the same authority as a Superior Court Judge. The Pro Tem Judge has issued the following tentative ruling:Motion for terminating sanctions GRANTED. No timely opposition filed. No other proof of compliance with the earlier orders. The operative complaint is STRICKEN. CCP 2023.030(d)(1). I decline to enter default judgment at this point. Rather, Defendants may file an appropriate motion after the complaint is stricken. This is to provide Plaintiffs a final opportunity to comply with discovery and the other court orders. For the 9:00 a.m. Discovery calendar, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link (DISCOVERY, DEPT 301 @ 9:00AM), or dial the corresponding phone number.Any party who contests a tentative ruling must send an email to sborrowman@gmail.com with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. If parties have arranged for a court reporter to appear, please include the following in your email: (1) ensure that they are California Certified Shorthand Reporters; (2) the reporter's full contact information [name, CSR number, personal work email, and phone number]. If the reporter is not a California Certified Shorthand Reporter, the transcript cannot be certified for use in California courts. If the tentative ruling is not contested, the parties are deemed to have stipulated to the Pro Tem hearing the motion and the Pro Tem will sign an order confirming the tentative ruling. The prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must e-mail it to the Judge Pro Tem. =(302/JPT)


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