This case was last updated from San Francisco County Superior Courts on 07/03/2020 at 02:23:12 (UTC).

E. LYNN SCHOENMANN ET AL VS. ORRICK HERRINGTON & SUTCLIFFE LLP ET AL

Case Summary

On 06/30/2020 E LYNN SCHOENMANN filed a Contract - Professional Negligence lawsuit against ORRICK HERRINGTON SUTCLIFFE LLP. 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:

    *******5193

  • Filing Date:

    06/30/2020

  • 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

SCHOENMANN, E. LYNN CHAPTER 7 TRUSTEE FOR THE BANKRUPTCY ESTATE OF SUNROCK CAPITAL, LLC

SCHOENMANN, E. LYNN CHAPTER 7 TRUSTEE FOR THE BANKRUPTCY ESTATE OF LI'S CAPITAL, LLC

Defendants

ORRICK HERRINGTON & SUTCLIFFE LLP

VARIAN, ROBERT

Attorney/Law Firm Details

Plaintiff Attorney

KIEVE, LOREN

2655 Steiner Street

San Francisco, CA 94115-1141

 

Court Documents

COMPLAINT

PROFESSIONAL NEGLIGENCE, COMPLAINT FILED BY PLAINTIFF SCHOENMANN, E. LYNN CHAPTER 7 TRUSTEE FOR THE BANKRUPTCY ESTATE OF SUNROCK CAPITAL, LLC SCHOENMANN, E. LYNN CHAPTER 7 TRUSTEE FOR THE BANKRUPTCY ESTATE OF LI'S CAPITAL, LLC AS TO DEFENDANT ORRICK HERRINGTON & SUTCLIFFE LLP VARIAN, ROBERT NO SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR DEC-02-2020 PROOF OF SERVICE DUE ON AUG-31-2020 CASE MANAGEMENT STATEMENT DUE ON NOV-09-2020

Notice to Plaintiff

NOTICE TO PLAINTIFF

 

Docket Entries

  • 12/02/2020
  • HearingMatter(s): CASE MANAGEMENT CONFERENCE; Location: CIVIC CENTER COURTHOUSE ROOM 610; Judge Name: GARRETT L. WONG

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  • 07/02/2020
  • FinancialPayment : CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Amount : $450; Payment Type : CHECK ; Receipt Number : C1920702F015

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  • 06/30/2020
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  • DocketNOTICE TO PLAINTIFF

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  • 06/30/2020
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  • DocketPROFESSIONAL NEGLIGENCE, COMPLAINT FILED BY PLAINTIFF SCHOENMANN, E. LYNN CHAPTER 7 TRUSTEE FOR THE BANKRUPTCY ESTATE OF SUNROCK CAPITAL, LLC SCHOENMANN, E. LYNN CHAPTER 7 TRUSTEE FOR THE BANKRUPTCY ESTATE OF LI'S CAPITAL, LLC AS TO DEFENDANT ORRICK HERRINGTON & SUTCLIFFE LLP VARIAN, ROBERT NO SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR DEC-02-2020 PROOF OF SERVICE DUE ON AUG-31-2020 CASE MANAGEMENT STATEMENT DUE ON NOV-09-2020 (Fee:$450.00)

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Tentative Rulings

Case Number:*******5193
Case Title:E. LYNN SCHOENMANN ET AL VS. ORRICK HERRINGTON & SUTCLIFFE LLP ET AL
Court Date:NOV-09-2020 09:30 AM
Calendar Matter:DEMURRER to COMPLAINT
Rulings:Matter on calendar for Monday, November 9, 2020, Line 7,DEFENDANTs ORRICK HERRINGTON & SUTCLIFFE LLP, ROBERT VARIAN's DEMURRER to COMPLAINTOff calendar for failure to comply with Code of Civil Procedure section 430.41, which requires the parties to meet and confer in person or by telephone before a demurrer may be filed. Counsel's October 9, 2020 declaration stating that he sent an email to Plaintiff's counsel the same day he filed this demurrer, is insufficient. The parties are ordered to meet and confer immediately and defendant's response to the complaint is now due by December 10, 2020. =(302/EPS)


Case Number:*******5193
Case Title:E. LYNN SCHOENMANN ET AL VS. ORRICK HERRINGTON & SUTCLIFFE LLP ET AL
Court Date:NOV-16-2020 09:30 AM
Calendar Matter:Defendants Orrick Herrington & Sutcliffe Llp, Robert Varian'S Demurrer To Complaint [Per Joint Request Of The Parties; Email Dated 11/9/2020]
Rulings:Matter on calendar for Monday, November 16, 2020, 2020 Line 11 .Defendants Orrick Herrington & Sutcliffe Llp, Robert Varian'S Demurrer To Complaint Continued on the Court's own motion and with the parties' agreement to November 18, 2020.=(302/EPS)


Case Number:*******5193
Case Title:E. LYNN SCHOENMANN ET AL VS. ORRICK HERRINGTON & SUTCLIFFE LLP ET AL
Court Date:NOV-18-2020 09:30 AM
Calendar Matter:Defendants Orrick Herrington & Sutcliffe Llp, Robert Varian'S Demurrer To Complaint [Per Joint Request Of The Parties; Email Dated 11/9/2020]
Rulings:Matter on the Law & Motion Calendar for Wednesday, November 18, 2020, Line 14, Defendants Orrick Herrington & Sutcliffe LLP and Robert Varian's Demurrer To Complaint.Defendants Orrick, Herrington & Sutcliffe, LLP and Varian's demurrer to complaint is overruled.(The Court's full tentative ruling has been emailed to the parties.)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, or dial the corresponding phone number.Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org 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. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for plaintiff is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.=(302/EPS)


Case Number:*******5193
Case Title:E. LYNN SCHOENMANN ET AL VS. ORRICK HERRINGTON & SUTCLIFFE LLP ET AL
Court Date:MAR-17-2021 09:00 AM
Calendar Matter:Notice Of Motion, Motion And Memorandum In Support Of Motion To Compel Production Of Documents Set One
Rulings:Matter on the Discovery Calendar for Wednesday, March 17, 2021, Line 2,PLAINTIFF E. LYNN SCHOENMANN (Chapter 7 Trustee for the bankruptcy estate of Sunrock Capital LLC) and E. LYNN SCHOENMANN (Chapter 7 Trustee for the bankruptcy estate of Li's Capital, LLC)'s Motion to Compel Production Of Documents Set OnePro Tem Judge Peter Catalanotti, 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.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 Peter.Catalanotti@wilsonelser.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:*******5193
Case Title:E. LYNN SCHOENMANN ET AL VS. ORRICK HERRINGTON & SUTCLIFFE LLP ET AL
Court Date:APR-01-2021 09:30 AM
Calendar Matter:Notice Of Motion, Motion And Memorandum In Support Of Motion To Compel Production Of Documents Set One
Rulings:Matter on calendar for Thursday, April 1, 2021, Line 9,PLAINTIFF E. LYNN SCHOENMANN'S Motion And Memorandum In Support Of Motion To Compel Production Of Documents Set One:Continued on the Court's own motion to April 8, 2021. By April 5, Defendant may file a response to the Trustee's objections to the discovery referee's recommendations, which the Trustee filed without leave of Court on March 26, 2021. =(302/EPS)


Case Number:*******5193
Case Title:E. LYNN SCHOENMANN ET AL VS. ORRICK HERRINGTON & SUTCLIFFE LLP ET AL
Court Date:APR-12-2021 09:30 AM
Calendar Matter:Notice Of Motion, Motion And Memorandum In Support Of Motion To Compel Production Of Documents Set One
Rulings:Matter on the Law & Motion Calendar for Monday, April 12, 2021, Line 10,PLAINTIFF E. LYNN SCHOENMANN (Chapter 7 Trustee for the Bankruptcy Estate of SunrockCapital, LLC) and E. LYNN SCHOENMANN (Chapter 7 Trustee for the Bankruptcy Estate of Liu0092s Capital, LLC)'s Motion To Compel Production Of Documents Set One:The report and recommendation of the judge pro tem is adopted. Plaintiff's motion to compel production of documents - set one is denied, other than as to RFPs that request documents relating to Orrick's eight-week representation of Sunrock Capital LLC and Li's Capital LLC in early 2017.While the Court adopts the reasoning of the judge pro tem in its entirety, it adds the following observations in response to the parties' supplemental briefs.[The Court's full tentative ruling was emailed to the parties.]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, or dial the corresponding phone number.Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org 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. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the defendants is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.=(302/EPS)


Case Number:*******5193
Case Title:E. LYNN SCHOENMANN ET AL VS. ORRICK HERRINGTON & SUTCLIFFE LLP ET AL
Court Date:AUG-20-2021 09:00 AM
Calendar Matter:Notice Of Motion Motion And Memorandum In Support Of Motion To Compel Defendants To Provide A Privilege Log And Billing Invoices
Rulings:Matter on the Discovery Calendar for Friday, August 20, 2021, Line 2,PLAINTIFFS E. LYNN SCHOENMANN, Chapter 7 Trustee for the Bankruptcy Estate of Sunrock Capital, LLC and E. LYNN SCHOENMANN, Chapter 7 Trustee for the Bankruptcy Estate of Li's Capital LLC's Motion To Compel Defendants To Provide A Privilege Log And Billing Invoices:Continued on the court's own motion to August 23, 2021 at 9:00 a.m. Recusal by Judge Pro Tem Sigrid Irias. =(302/JPT)


Case Number:*******5193
Case Title:E. LYNN SCHOENMANN ET AL VS. ORRICK HERRINGTON & SUTCLIFFE LLP ET AL
Court Date:AUG-23-2021 09:00 AM
Calendar Matter:Notice Of Motion Motion And Memorandum In Support Of Motion To Compel Defendants To Provide A Privilege Log And Billing Invoices
Rulings:Matter on the Discovery Calendar for Monday, August 23, 2021, Line 5,PLAINTIFFS E. LYNN SCHOENMANN, Chapter 7 Trustee for the Bankruptcy Estate of Sunrock Capital, LLC and E. LYNN SCHOENMANN, Chapter 7 Trustee for the Bankruptcy Estate of Li's Capital LLC's Motion To Compel Defendants To Provide A Privilege Log And Billing Invoices: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: 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.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:*******5193
Case Title:E. LYNN SCHOENMANN ET AL VS. ORRICK HERRINGTON & SUTCLIFFE LLP ET AL
Court Date:SEP-20-2021 09:30 AM
Calendar Matter:Notice Of Motion Motion And Memorandum In Support Of Motion To Compel Defendants To Provide A Privilege Log And Billing Invoices
Rulings:LAW AND MOTION CALENDAR, SET FOR HEARING ON MONDAY, SEPTEMBER 20, 2021 AT 9:30AM IN COURTROOM 302: LINE 4PLAINTIFF, E. LYNN SCHOENMANN's Motion To Compel Defendants To Provide A Privilege Log And Billing InvoicesThe report and recommendation of the judge pro tem is adopted. Plaintiffs' motion to compel defendants to produce all billing invoices sent to Andy Li, Sunrock Capital LLC, and Li's Capital LLC and to provide a privilege log for any billing invoices withheld on privilege or work-product grounds is granted in part and denied in part. In its April 22, 2021 order, the Court denied Plaintiffs' motion to compel production of documents, "other than as to RFPs that request documents relating to Orrick's eight-week representation of Sunrock Capital LLC and Li's Capital LLC in early 2017." Orrick may properly withhold on privilege grounds portions of billing invoices sent to those two entities, but only to the extent that they reveal confidential attorney-client communications or attorney work-product. (Los Angeles County Bd. of Supervisors v. Superior Court (2016) 2 Cal.5th 282, 296-297.) If Orrick seeks to withhold portions of any billing invoices it sent to Sunrock Capital LLC and Li's Capital LLC, it must provide a privilege log identifying the attorney-client privilege, the attorney work-product doctrine, or both as the basis for the redactions. Orrick represents that it has "agreed to produce a privilege log listing any documents [withheld on privilege grounds] related to the Li Arbitration or its eight-week representation of Li's Capital and Sunrock Capital." (Opp. at 13:4-5.) No more is required.Effective Monday, June 28, 2021, for the 9:30 a.m. Law & Motion calendar, attorneys and parties may appear either in person in Department 302 or remotely by videoconference using Zoom. To appear remotely 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, or dial the corresponding phone number.Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org 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. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the defendants is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.= LM302/EPS


Case Number:*******5193
Case Title:E. LYNN SCHOENMANN ET AL VS. ORRICK HERRINGTON & SUTCLIFFE LLP ET AL
Court Date:JAN-21-2022 09:30 AM
Calendar Matter:Motion To Dismiss And/Or For Protective Order
Rulings:Matter on calendar for Friday, January 21, 2022, Line 6DEFENDANTS ORRICK HERRINGTON & SUTCLIFFE LLP and ROBERT VARIAN'S Motion To Dismiss And/Or For Protective Order.*THE COURT'S FULL AND COMPLETE TENTATIVE RULING HAS BEEN EMAILED TO ALL COUNSEL*Defendant's motion to dismiss is denied.Effective Monday, January 3, 2022, for the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely 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, or dial the corresponding phone number.Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org 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. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. = (302/RBU)


Case Number:*******5193
Case Title:E. LYNN SCHOENMANN ET AL VS. ORRICK HERRINGTON & SUTCLIFFE LLP ET AL
Court Date:APR-05-2022 09:30 AM
Calendar Matter:MOTION FOR SUMMARY JUDGMENT .
Rulings:Matter on the Law & Motion Calendar for Tuesday, April 5, 2022, Line 4,DEFENDANTS ORRICK HERRINGTON & SUTCLIFFE LLP and ROBERT VARIAN'S MOTION FOR SUMMARY JUDGMENT.Defendants Orrick Herrington & Sutcliffe LLP and Robert Varian's (collectively, "Orrick") motion for summary adjudication is granted.[The Court's full tentative ruling was emailed to the parties.]Effective Monday, January 3, 2022, for the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely 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, or dial the corresponding phone number.Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org 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. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.=(302/RBU)


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