This case was last updated from San Francisco County Superior Courts on 11/07/2022 at 09:55:13 (UTC).

EMILIO PEREZ et al VS. MERCY HOUSING CALIFORNIA XIV, LP, CATHOLIC CHARITY et al

Case Summary

On 05/25/2012 EMILIO PEREZ filed an Other lawsuit against MERCY HOUSING CALIFORNIA XIV, LP, CATHOLIC CHARITY. This case was filed in San Francisco County Superior Courts, San Francisco County Civic Center Courthouse located in San Francisco, California. The Judges overseeing this case are TERI L. JACKSON, GAIL DEKREON, RICHARD B. ULMER, JOHN K. STEWART, HAROLD E. KAHN, ERNEST H. GOLDSMITH, CYNTHIA M. LEE, MARLA J. MILLER, RICHARD A. KRAMER and KATHERINE FEINSTEIN. The case status is Not Classified By Court.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1134

  • Filing Date:

    05/25/2012

  • Case Status:

    Not Classified By Court

  • Case Type:

    Other

  • County, State:

    San Francisco, California

Judge Details

Judges

TERI L. JACKSON

GAIL DEKREON

RICHARD B. ULMER

JOHN K. STEWART

HAROLD E. KAHN

ERNEST H. GOLDSMITH

CYNTHIA M. LEE

MARLA J. MILLER

RICHARD A. KRAMER

KATHERINE FEINSTEIN

 

Party Details

Plaintiffs

DUARTE, YAZMIN AS GUARDIAN AD LITEM

PEREZ, EMILIO A MINOR

Defendants and Cross Defendants

DOES 1 TO 10

KMD ARCHITECTS

DOES 5 TO 100, INCLUSIVE

VAN-MULDER SHEET METAL, INC.

GOLDEN STATE STEEL & STAIR, INC.

DOES 4 TO 100, INCLUSIVE

MERCY HOUSING CALIFORNIA XIV, LP.

KODAMA DISENO ARCHITECTS (SUED AS HEREIN AS KODAMA DISENO LP)

COLUMBIA CASCADE COMPANY

DOES 1 TO 100, INCLUSIVE

GOLDEN GATE STEEL AND STAIR, INC

CAHILL CONTRACTORS, INC.

SUSAN LEE & COMPANY PLAYGROUND CONSULTANTS LLC

KAPLAN MCLAUGHLIN DIAZ

CAHILL CONSTRUCTORS, INC.

Cross Plaintiffs, Cross Defendants and Defendants

GOLDEN STATE STEEL & STAIR, INC.

MERCY HOUSING CALIFORNIA XIV, LP.

Cross Defendants and Defendants

KMD ARCHITECTS

VAN-MULDER SHEET METAL, INC.

GOLDEN STATE STEEL & STAIR, INC.

MERCY HOUSING CALIFORNIA XIV, LP.

SUSAN LEE & COMPANY PLAYGROUND CONSULTANTS, LLC

ROES 1-100, INCLUSIVE

COLUMBIA CASCADE COMPANY

CAHILL CONTRACTORS, INC.

14 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorney

CHRISP, JESSE B

Attorney at LAW OFFICES OF J. CRISP

15322 Lakeshore Dr. 3Rd Fl

Clearlake, CA 95422

Cross Defendant, Defendant and Cross Plaintiff Attorneys

CASTLES, JAMES PATRICK

Attorney at LAW OFFICES OF ROBLES & CASTLES

492 Ninth Street, Ste 200

Oakland, CA 94607

BONNEY, BRIAN TRAVERS

Attorney at LAW OFFICES OF THOMAS J. BURNS

525 Market Street, Suite 2850

San Francisco, CA 94105

CESARI, PAUL NORMANLY

Attorney at CESARI WERNER AND MORIARTY, A PROFESSIONAL CORPORATION

75 Southgate Ave

Daly City, CA 94015

DAVIS, TIMOTHY CHARLES

Attorney at DAVIS WANG

625 Market Street, 12Th Floor

San Francisco, CA 94105

MORIARTY, DENNIS F

Attorney at CESARI, WERNER & MORIARTY

75 Southgate Avenue

Daly City, CA 94015

EICHHORN, DONALD PAUL

Attorney at WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP

525 Market St., 17 Flr.

San Francisco, CA 941052725

THOMAS, GREGORY B

Attorney at BOORNAZIAN, JENSEN & GARTHE A PROFESSIONAL CORPORATION

555 12Th Street, Suite 1800

Oakland, CA 94607

PANDELL, JANE CURRAN

Attorney at PANDELL LAW FIRM, INC.

1990 N. California Blvd, #1010

Walnut Creek, CA 94596

YEN, THOMAS

Attorney at LAW OFFICES OF THOMAS J. BURNS

525 Market Street, Suite 2850

San Francisco, CA 94105

Other Attorneys

COMINOS, DION NICHOLAS

Attorney at GORDON & REES LLPEMBARCADERO CENTER WEST

275 Battery Street, Ste 2000

San Francisco, CA 94111

 

Court Documents

Amended Petition

AMENDED PETITION TO APPROVE COMPROMISE OF PENDING ACTION (TRANSACTION ID # 100025185) FILED BY PLAINTIFF PEREZ, EMILIO A MINOR

Continued Order to Show Cause Re: Dismissal (CRC 3.1385)

CRC 3.1385 ORDER TO SHOW CAUSE OF APR-04-2017 CONTINUED TO JUL-11-2017 AT 10:30 AM IN DEPARTMENT 610. NOTICE SENT BY COURT.

Defendant Cross Complainant Mercy Housing California XIV LPs Ex Parte

EX PARTE APPLICATION FOR ORDER ALLOWING SUBSTITUTION OF DEFENDANT CAHILL CONSTRUCTORS AND VAN MULDER SHEET METAL INC. IN PLACE OF ROES 1 AND 2 TO CROSS COMPLAINT (TRANSACTION ID # 59382753) FILED BY DEFENDANT MERCY HOUSING CALIFORNIA XIV, LP.

NOTICE OF SETTLEMENT OF ENTIRE CASE

NOTICE OF SETTLEMENT (TRANSACTION ID # 60118185) FILED BY CROSS COMPLAINANT MERCY HOUSING CALIFORNIA XIV, LP.

Petition to Approve Compromise of Pending Action

PETITION TO APPROVE COMPROMISE OF PENDING ACTION (TRANSACTION ID # 100021781) FILED BY PLAINTIFF PEREZ, EMILIO A MINOR HEARING SET FOR OCT-31-2017 AT 09:00 AM IN DEPT 514

ORDER

ORDER APPROVING THE AMENDED COMPROMISE OF A PENDING ACTION OF A MINOR

DEFENDANT AND CROSS-DEFENDANT MERRILL MORRIS PARTNERS REQUEST FOR JUDI

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADUDICATION, AS TO ALL CAUSES OF ACTION IN PLAINTIFF EMILIO PEREZ FOURTH AMENDED COMPLAINT AGAINST MERRILL MORRIS PARTNERS (TRANSACTION ID # 59635823) FILED BY DEFENDANT MERRILL MORRIS PARTNERS

DEFENDANT AND CROSS-DEFENDANT MERRILL MORRIS PARTNERS INDEX OF EXHIBIT

INDEX OF EXHIBITS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION WITH RESPECT TO ALL CAUSES OF ACTION IN PLAINTIFFS FOURTH AMENDED COMPLAINT AGAINST MERRILL MORRIS PARATNERS (TRANSACTION ID # 59635823) FILED BY DEFENDANT MERRILL MORRIS PARTNERS

DECLARATION OF CATHERINE A. SALAH IN SUPPORT OF DEFENDANT AND CROSS-DE

DECLARATION OF CATHERINE A. SALAH IN SUPPORT OF DEFENDANT AND CROSS-DEFENDANT MERRILL MORRIS PARTNERS MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION WITH RESPECT TO ALL CAUSES OF ACTION IN PLAINTIFFS FOURTH AMENDED COMPLAINT AGAINST MERRILL MORRIS PARTNERS (TRANSACTION ID # 59635823) FILED BY DEFENDANT MERRILL MORRIS PARTNERS

Case Ordered Off Calendar

CRC 3.1385 ORDER TO SHOW CAUSE OF MAR-13-2018 IS OFF CALENDAR. DISMISSAL ON FILE. NOTICE SENT BY COURT.

Continued Order to Show Cause Re: Dismissal (CRC 3.1385)

CRC 3.1385 ORDER TO SHOW CAUSE OF JAN-30-2018 CONTINUED TO MAR-13-2018 AT 10:30 AM IN DEPARTMENT 610. NOTICE SENT BY COURT.

Request for Dismissal

DISMISSAL WITH PREJUDICE OF 1ST AMENDED CROSS COMPLAINT FILED BY MERCY HOUSING CALIFORNIA XIV, LP. (TRANSACTION ID # 100030834)

REQUEST FOR DISMISSAL

DISMISSAL WITHOUT PREJUDICE OF CROSS COMPLAINT FILED BY CATHOLIC CHARITIES CYO OF THE ARCHDIOCES (TRANSACTION ID # 100030829)

Dismissal

DISMISSAL WITH PREJUDICE OF 4TH AMENDED COMPLAINT (TRANSACTION ID # 100030073)

Case Management Statement

CASE MANAGEMENT STATEMENT (TRANSACTION ID # 100029375) FILED BY PLAINTIFF PEREZ, EMILIO A MINOR JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 4.0 DAYS

Case Management Statement

CASE MANAGEMENT STATEMENT (TRANSACTION ID # 100028923) FILED BY DEFENDANT CATHOLIC CHARITIES CYO OF THE ARCHDIOCES OF SAN FRANCISCO JURY DEMANDED

Receipt and Acknowledgement of Order for Deposit of Money Into Settlem

RECEIPT AND ACKNOWLEDGEMENT OF ORDER FOR DEPOSIT OF MONEY INTO SETTLEMENT ANNUITY POLICY (TRANSACTION ID # 100028674) FILED BY PLAINTIFF PEREZ, EMILIO A MINOR

Continued Order to Show Cause Re: Dismissal (CRC 3.1385)

CRC 3.1385 ORDER TO SHOW CAUSE OF NOV-28-2017 CONTINUED TO JAN-30-2018 AT 10:30 AM IN DEPARTMENT 610. NOTICE SENT BY COURT.

210 More Documents Available

 

Docket Entries

  • 03/13/2018
  • HearingMatter(s): CRC 3.1385 ORDER TO SHOW CAUSE Off Calendar Mar-07-2018 Off Calendar; Location: CIVIC CENTER COURTHOUSE ROOM 610; Judge Name: TERI L. JACKSON

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  • 03/07/2018
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  • DocketCRC 3.1385 ORDER TO SHOW CAUSE OF MAR-13-2018 IS OFF CALENDAR. DISMISSAL ON FILE. NOTICE SENT BY COURT.

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  • 01/30/2018
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  • DocketCRC 3.1385 ORDER TO SHOW CAUSE OF JAN-30-2018 CONTINUED TO MAR-13-2018 AT 10:30 AM IN DEPARTMENT 610. NOTICE SENT BY COURT.

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  • 01/30/2018
  • DocketMINI MINUTES FOR JAN-30-2018 10:30 AM FOR DEPT 610

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  • 01/30/2018
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  • DocketDISMISSAL WITH PREJUDICE OF 1ST AMENDED CROSS COMPLAINT FILED BY MERCY HOUSING CALIFORNIA XIV, LP. (TRANSACTION ID # 100030834)

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  • 01/30/2018
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  • DocketDISMISSAL WITHOUT PREJUDICE OF CROSS COMPLAINT FILED BY CATHOLIC CHARITIES CYO OF THE ARCHDIOCES (TRANSACTION ID # 100030829)

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  • 01/30/2018
  • HearingMatter(s): CRC 3.1385 ORDER TO SHOW CAUSE Off Calendar Jan-30-2018 Continued To Mar-13-18 At 10:30 A.M. In Dept 610 MINI MINUTES: Appearance by Sean Moriarty, Esq. for Plaintiff. The Order to Show Cause is re-set Mar-13-2018 at 10:30 AM in Dept. 610. JUDGE TERI L. JACKSON; Clerk JLee. Proceedings not reported. (610); Location: CIVIC CENTER COURTHOUSE ROOM 610; Judge Name: TERI L. JACKSON

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  • 01/18/2018
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  • DocketDISMISSAL WITH PREJUDICE OF 4TH AMENDED COMPLAINT (TRANSACTION ID # 100030073)

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  • 01/11/2018
  • HearingMatter(s): Progress Report On The Status Of The Purchase Of The Structured Settlement Annuity Off Calendar Jan-09-2018 Off Calendar; Location: CIVIC CENTER COURTHOUSE ROOM 514; Judge Name: GAIL DEKREON

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  • 01/09/2018
  • DocketUNCONTESTED CALENDAR OF JAN-11-2018 PROGRESS REPORT ON THE STATUS OF THE PURCHASE OF THE STRUCTURED SETTLEMENT ANNUITY - OFF CALENDAR. RECEIPT AND ACKNOWLEDGMENT OF ORDER FOR DEPOSIT OF MONEY INTO A SETTLEMENT ANNUITY POLICY FILED DECEMBER 21, 2017. NO APPEARANCE. NOT REPORTED. (D514).

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358 More Docket Entries
  • 06/27/2012
  • DocketFILING FEE FOR EX PARTE APP FOR GUARDIAN AD LITEM FILED BY PLAINTIFF PEREZ, EMILIO A MINOR DUARTE, YAZMIN AS GUARDIAN AD LITEM; Fee: $40.00

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  • 06/27/2012
  • FinancialPayment: CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Amount: $410; Payment Type: CHECK; Receipt Number: W2212627F031

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  • 06/27/2012
  • Docket1ST APPEARANCE FEES FILED BY PLAINTIFF DUARTE, YAZMIN AS GUARDIAN AD LITEM; Fee: $410.00

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  • 06/20/2012
  • DocketMASTER CALENDAR MOTION ON JUN-20-2012 IN DEPT. 206, HEARING ON APPLICANT/PLAINTIFF YAZMIN DUARTE'S WAIVER OF COURT FEES AND COSTS. COUNSEL JESSE CHRISP PRESENT FOR APPLICANT. COUNSEL AGREED TO ADVANCE FEES AND COSTS AND IS NOT PROVIDING LEGAL-AID TYPE SERVICES BASED ON LOW INCOME. THE COURT DENIED THE APPLICATION IN WHOLE. ORDER SIGNED, AND ENDORSED-FILED COPY MAILED TO APPLICANT. JUDGE: MARLA J. MILLER; CLERK: E. BURA; MATTER NOT REPORTED. (206)

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  • 06/20/2012
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  • DocketORDER DENYING WAIVER OF COURT FEES AND COSTS PURSUANT TO G.C. 68634 (E), CRC 3.52 AS TO PLAINTIFF DUARTE, YAZMIN AS GUARDIAN AD LITEM

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  • 06/20/2012
  • HearingMatter(s): APPLICATION PENDING FOR WAIVER OF COURT FEES AND COSTS PURSUANT TO G.C. 68633, CRC 3.51, 8.26, AND 8.818 Off Calendar Jun-20-2012 Denied; Location: CIVIC CENTER COURTHOUSE ROOM 206; Judge Name: KATHERINE FEINSTEIN

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  • 05/25/2012
  • DocketAPPLICATION PENDING FOR WAIVER OF COURT FEES AND COSTS PURSUANT TO G.C. 68633, CRC 3.51, 8.26, AND 8.818 (CONFIDENTIAL) FILED BY PLAINTIFF DUARTE, YAZMIN AS GUARDIAN AD LITEM HEARING SET FOR JUN-20-2012 AT 09:00 AM IN DEPT 206

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  • 05/25/2012
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  • DocketNOTICE TO PLAINTIFF

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  • 05/25/2012
  • FinancialPayment: CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Payment Type: IFP; Receipt Number: W3612525F007

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  • 05/25/2012
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  • DocketOTHER NON EXEMPT COMPLAINTS, COMPLAINT FILED BY PLAINTIFF PEREZ, EMILIO A MINOR DUARTE, YAZMIN AS GUARDIAN AD LITEM AS TO DEFENDANT MERCY HOUSING CALIFORNIA XIV, LP. DOES 1 TO 10 CATHOLIC CHARITIES CYO OF THE ARCHDIOCES OF SAN FRANCISCO NO SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR OCT-24-2012 PROOF OF SERVICE DUE ON JUL-24-2012 CASE MANAGEMENT STATEMENT DUE ON OCT-09-2012; Fee: IFP

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Complaint Information

denies and alleges as follows:

2 This answering Defendant CYO denies each and every, all and singular, generally 3 ||and specifically, all of the allegations therein contained, and further denies that cross- 4 | complainant has been damaged in any sum whatsoever, or at all.

5 | This answering Defendant CYO further denies that by reason of any act or acts, 6 | :' omission or omissions, fault, carelessness or negligence upon its part, cross-complainant 7 | sustained injuries, loss or damages of any kind or character in any part thereof,whatsoever, or at all.

9 | AFFIRMATIVE DEFENSES 10 | | AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

11 ON FILE HEREIN, this answering defendant alleges that plaintiff herein failed to state a 12 | cause of action for which relief may be granted.

P Gutd

AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

|| ON FILE HEREIN, this answering defendant alleges that should plaintiff recover damages against any defendants, said defendants are entitled to have the amount abated, reduced or eliminated to the extent plaintiff’s negligence caused or contributed to his injuries and || damages, if any.

| AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

ON FILE HEREIN, this answering defendant alleges that the injuries and damages of which plaintiff complains were proximately caused by the negligence and fault of other defendants | herein and without any fault or want of care on the part of this answering defendant or on the | part of any person or persons for whose acts this answering defendant was or is legally responsible.

| AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

|ON FILE HEREIN, this answering defendant alleges that the plaintiff is barred by the provisions of California Code of Civil Procedure, Section 335.1, in that more than two years :z has elapsed from the date of the alleged injury and the date of filing of the complaint herein.

' AS AND FOR A SEPARATE AND I?zl_sTINCT DEFENSE TO THE COMPLAINT

| AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

| ON FILE HEREIN, Cross-defendant alleges that the Cross-complaint and every cause of action therein does not state facts sufficient to constitute a cause of action against Cross- defendant.

| " AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

| ON FILE HEREIN, Cross-defendant alleges that Cross-complainant and their agents were

careless and negligent with respect to the matters alleged in the Cross-complaint and that

WMEO@0 =3 e W e W

10 such carelessness and negligence proximately contributed to the happenings of the matters 11 complained of and to the alleged injuries, loss or damages, if any there were. Cross- 12 | complainant was at fault in or about the matters referred to in the Cross-complaint and such

fault on the part of Cross-complainant proximately caused or contributed to the damages | complained of, if any there were, and that any fault not attributable to said Cross-complainant ' was a result of fault on the part of persons and/or entities other that Cross-defendant. Such fault bars and/or proportionately reduces any recovery by Cross-complainant against Cross- | defendant.

| AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

| ON FILE HEREIN, Cross-defendant alleges that individuals or entities other that Cross- defendant were careless and negligent with respect to the matters alleged in the Cross- complaim and that such carelessness and negligence proximately contributed to the | happenings of the matters complained of and to the alleged injuries, loss and damages, if any || there were, claimed by Cross-complainant.

AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

| ON FILE HEREIN, Cross-defendant alleges that Cross-complainant has failed and neglected to use reasonable care to protect themselves and to minimize the losses and damages | | complained of, if any there were.

AS AND FOR A SEPARATE AND I?%?TINCT DEFENSE TO THE COMPLAINT

roetnds

ON FILE HEREIN, Cross-defendant allege that Cross-complainant, by reason of their | knowledge, statements, and conduct, have waived any right or is estopped from claiming any | right, which they may have had for the alleged wrongful acts or omissions, if any there were, |of answering cross-defendant. On information and belief, Cross-complainant directed, | ordered, approved, and ratified Cross-defendant’s conduct with respect to the allegations of | Cross-complainant, and Cross-complainant is therefore estopped from asserting claims based || thereon.

| AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

ON FILE HEREIN, Cross-defendant alleges that Cross-complainant failed to make

e -3 o L B W D

| reasonable efforts to mitigate their damages, if any there were.

AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

| ON FILE HEREIN, Cross-defendant alleges that each and every one of cross-complainant’s claims are barred by applicable statutes of limitation. The Cross-complaint, and each cause of | action thereof, is barred by one or more of the statutes of limitation set forth in the California Code of Civil Procedure, beginning with Section 335 and continuing through Section 349.4, including, but not limited to: 337(1), 337.1, 337.15, 338, 339, 340, and 343; and by Sections 13607(3)(@), 2725(1) and (2) of the Uniform Commercial Code of the State of California.

| AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

| ON FILE HEREIN, Cross-defendant alleges that Cross-complainant’s claims are barred by | the doctrine of Laches.

| AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

|ON FILE HEREIN, Cross-defendant asserts that Cross-complainant voluntarily and | knowingly assumed the risk of loss, if any, flowing from his retention of persons/entities to | renovate/remediate his property. Cross-complainant is therefore barred from any and all of | ' the relief sought in the Cross-complaint.

AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

ON FILE HEREIN, if it is determined that Cross-defendant did not perform one or more of

| the duties and obligations it may have owed o Cross-complainant arising out of any and all

AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT {ON FILE HERE

IN, if it is determined that Cross-defendant did not perform, satisfy, and | discharge all duties and obligations it may have owed to Cross-complainant arising out of

any and all agreements, representations, or contracts made by or on behalf of Cross-

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defendant, then Cross-defendant alleges that the performance of each obligation was excused

10 due to impossibility or impracticability in each instance.

11 | AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

12 ON FILE HEREIN, each and every cause of action set forth in the Cross-complaint as 13 |l amended is barred because Cross-complainant failed to give Cross-defendant proper notice in 14 || a timely and reasonable manner of any alleged breach, nor was Cross-defendant afforded an

opportunity to fulfill his obligations in each instance.

| AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

| ON FILE HEREIN, on information and belief, Cross-complainant and others unrelated to Cross-defendant failed to follow, and/or modified, altered, abused, and/or misused the designs, plans, and specifications provided, and such conduct caused and contributed to the | damages which are alleged in this lawsuit.

AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

ON FILE HEREIN, cross-defendant is not responsible for the method or means of construction used by the owners, general contractors, or subcontractors; nor is Cross- | defendant responsible for the failure of the owners, general contractors, or subcontractors to | carry out the work in accordance with contract documents, nor is Cross-defendant responsible for alleged design deficiencies committed by others.

| AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

ON FILE HEREIN, no act or omission cf_ f?ross~defendan% was a substantial factor in

ON FILE HEREIN, no act or omission cf_ f?ross~defendan% was a substantial factor in faxand

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AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

4| AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

5 ||ON FILE HEREIN, Cross-defendant alleges that Cross-complainant breached the alleged

6 contract with Cross-complainant by failing timely, fully, and adequately to perform the terms

7 |l and conditions therein, thereby preventing Cross-defendant’s performance, if any was due,

8 || and discharging any obligation on the part of this Cross-defendant.

91 AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

10 | ON FILE HEREIN, Cross-defendant alleges that before it had any obligation to perform its 11 obligations under the contract, if there be any, Cross-complainant indicated that it would not 12 | perform its obligations under the contract, thereby repudiating the alleged contract.

13 AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

14 ON FILE HEREIN, Cross-complainant is barred from relief because it failed to exercise

| ordinary care with regard to the matters referred to in the Cross-complaint and such failure : contributed directly and proximately to the happening of the events alleged therein and to the damages, if any, sustained by Cross-complainant. |

| AS AND FOR A SEPARATE AND DISTINCT DEFENSE TO THE COMPLAINT

| ON FILE HEREIN, Cross-defendant alleges that no act or omission of this Cross-defendant was a substantial factor in bringing about the alleged damages sustained by Cross- complainant,omission by them a contributing cause thereof. Any alleged | acts or omissions of Cross-defendant were superseded by the acts or omissions of other | persons, firms, or corporations which were the independent, intervening, and proximate cause of any loss allegedly suffered by Cross-complainant.

WHEREFORE, this answering cross-defendant prays that cross-complainant take nothing by way of the cross-complaint on file herein; that these answering cross-defendants | have judgment thereon, together with their costs of suit, and for such other and further relief

| as the court may deem proper. )

CATHOLIC CHARITIES CYO OF THE ARCHDIOCESE OF SAN FRANCISCO

Tentative Rulings

Case Number:*******1134
Case Title:EMILIO PEREZ et al VS. MERCY HOUSING CALIFORNIA XIV, LP, CATHOLIC CHARITY et al
Court Date:DEC-19-2016 09:30 AM
Calendar Matter:MOTION FOR SUMMARY JUDGMENT Or, In The Alternative, Summary Adjudication With Respect To All Causes Of Action In Plaintiffs Fourth Amended Complaint Against Merrill Morris Partners
Rulings:Matter on calendar for Monday, December 19, 2016, Line 5, DEFENDANT MERRILL MORRIS PARTNERS MOTION FOR SUMMARY JUDGMENT Or, In The Alternative, Summary Adjudication With Respect To All Causes Of Action In Plaintiffs Fourth Amended Complaint Against Merrill Morris Partners.The motion, to which no opposition was filed, is GRANTED. 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. Counsel for defendants is required to prepare a proposed order in compliance with CCP 437c(g) that repeats verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing or email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. =(302/RBU)


Case Number:*******1134
Case Title:EMILIO PEREZ et al VS. MERCY HOUSING CALIFORNIA XIV, LP, CATHOLIC CHARITY et al
Court Date:DEC-11-2015 09:30 AM
Calendar Matter:DEMURRER TO 4TH AMENDED COMPLAINT
Rulings:Set for hearing on Friday, December 11, 2015, line 2. DEFENDANT KMD ARCHITECTS'S DEMURRER TO 4TH AMENDED COMPLAINT.KD Architects' demurrer to the fifth and sixth causes of action is overruled. Defendant fails to establish as a matter of law that the defense of the completed and accepted doctrine bars plaintiff's claims. Per CACI 4552, defendant must establish that the work was completed and accepted. The record on this demurer is silent with regard to those issues. 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 prevailing party is required to prepare a proposed order with the name and address of the prevailing party's counsel or the prevailing party if pro per in the top left of the first page of proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing or email it to contestdept302tr@sftc.org prior to the hearing even if the motion is not opposed or the tentative ruling is not contested. =(302/HEK)


Case Number:*******1134
Case Title:EMILIO PEREZ et al VS. MERCY HOUSING CALIFORNIA XIV, LP, CATHOLIC CHARITY et al
Court Date:SEP-03-2015 09:30 AM
Calendar Matter:MOTION FOR LEAVE TO File Fourth Amended Complaint
Rulings:Set for hearing on Thursday, September 3, 2015, Line 5, PLAINTIFF EMILIO PEREZ, YAZMIN DUARTE'S MOTION FOR LEAVE TO File Fourth Amended Complaint.The motion is granted in its entirety. Plaintiff has leave to file the 4th Amended Complaint. 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 prevailing party is required to prepare a proposed order with the name and address of the prevailing party's counsel or the prevailing party if pro per in the top left of the first page of proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing or email it to contestdept302tr@sftc.org prior to the hearing even if the motion is not opposed or the tentative ruling is not contested. =(302/EG)


Case Number:*******1134
Case Title:EMILIO PEREZ et al VS. MERCY HOUSING CALIFORNIA XIV, LP, CATHOLIC CHARITY et al
Court Date:MAY-12-2015 09:30 AM
Calendar Matter:Notice Of Motion And Motion For Order Granting Leave To File Fourth Amended Complaint
Rulings:Matter on calendar for Tuesday, May 12, 2015, Line 1, PLAINTIFF EMILIO PEREZ'S Motion For Order Granting Leave To File Fourth Amended Complaint.Off calendar as untimely under CCP Sec. 1005(b). The motion was filed and served by mail on April 21, 2015. Moving party did not add five calendar days for mailing. =(302/EHG)


Case Number:*******1134
Case Title:EMILIO PEREZ et al VS. MERCY HOUSING CALIFORNIA XIV, LP, CATHOLIC CHARITY et al
Court Date:JUN-26-2013 09:30 AM
Calendar Matter:Notice Of Motion And Motion For Leave To Amend First Amended Complaint By Stipulation
Rulings:Matter on calendar for Wednesday, June 26, 2013, Line 16, PLAINTIFFs EMILIO PEREZ & YAZMIN DUARTE's Motion For Leave To Amend First Amended Complaint By Stipulation.Off calendar. No proof of service filed. =(302/MJM)


Case Number:*******1134
Case Title:EMILIO PEREZ et al VS. MERCY HOUSING CALIFORNIA XIV, LP, CATHOLIC CHARITY et al
Court Date:MAY-23-2013 09:30 AM
Calendar Matter:Notice Of Motion And Motion For Leave To Amend First Amended Complaint By Stipulation
Rulings:Matter on calendar for Thursday, May 23, 2013, Line 15, PLAINTIFFs EMILIO PEREZ and YAZMIN DUARTE's Motion For Leave To Amend First Amended Complaint By Stipulation.Continued to June 26, 2013, to give the moving party the opportunity to comply with Local Rule 2.6B. Moving party must deliver courtesy copies of the moving papers to Department 302, with a cover letter stating the new hearing date, no later than May 23, 2013 at 4:00 pm or the motion will be denied. 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. =(302/RAK)


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