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, Civic Center Courthouse located in San Francisco, California. The Judges overseeing this case are RICHARD A. KRAMER, KATHERINE FEINSTEIN, CYNTHIA M. LEE, TERI L. JACKSON, ERNEST H. GOLDSMITH, HAROLD E. KAHN, RICHARD B. ULMER, GAIL DEKREON, JOHN K. STEWART and MARLA J. MILLER. The case status is Not Classified By Court.
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05/25/2012
Not Classified By Court
San Francisco County Superior Courts
Civic Center Courthouse
San Francisco, California
RICHARD A. KRAMER
KATHERINE FEINSTEIN
CYNTHIA M. LEE
TERI L. JACKSON
ERNEST H. GOLDSMITH
HAROLD E. KAHN
RICHARD B. ULMER
GAIL DEKREON
JOHN K. STEWART
MARLA J. MILLER
DUARTE, YAZMIN AS GUARDIAN AD LITEM
PEREZ, EMILIO A MINOR
DOES 1 TO 10
MERCY HOUSING CALIFORNIA XIV, LP, CATHOLIC CHARITY
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.
SUSAN LEE & COMPANY PLAYGROUND CONSULTANTS, LLC
ROES 1-100, INCLUSIVE
CHRISP, JESSE B
Attorney at LAW OFFICES OF J. CRISP
15322 Lakeshore Dr. 3Rd Fl
Clearlake, CA 95422
CASTLES, JAMES PATRICK
Attorney at LAW OFFICES OF ROBLES & CASTLES
492 Ninth Street, Ste 200
Oakland, CA 94607
NALBANDIAN, ROBERTA ELAINE
Attorney at LAW OFFICE OF THOMAS J. BURNS
525 Market Street, Suite 2850
San Francisco, CA 94105
BONNEY, BRIAN TRAVERS
Attorney at LAW OFFICES OF THOMAS J. BURNS
525 Market Street, Suite 2850
San Francisco, CA 94105
THOMAS, GREGORY B
Attorney at BOORNAZIAN, JENSEN & GARTHE A PROFESSIONAL CORPORATION
555 12Th Street, Suite 1800
Oakland, CA 94607
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
CESARI, PAUL NORMANLY
Attorney at CESARI WERNER AND MORIARTY, A PROFESSIONAL CORPORATION
75 Southgate Ave
Daly City, CA 94015
PANDELL, JANE CURRAN
Attorney at PANDELL LAW FIRM, INC.
1990 N. California Blvd, #1010
Walnut Creek, CA 94596
EICHHORN, DONALD PAUL
Attorney at WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
525 Market St., 17 Flr.
San Francisco, CA 941052725
DESCALSO, MICHAEL GEORGE
Attorney at LAW OFFICES OF BEVERLY E. NARAYAN
525 Market Street, Suite 2850
San Francisco, CA 94105
YEN, THOMAS
Attorney at LAW OFFICES OF THOMAS J. BURNS
525 Market Street, Suite 2850
San Francisco, CA 94105
THOMAS, GREGORY B
Attorney at BOORNAZIAN, JENSEN & GARTHE A PROFESSIONAL CORPORATION
555 12Th Street, Suite 1800
Oakland, CA 94607
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
CESARI, PAUL NORMANLY
Attorney at CESARI WERNER AND MORIARTY, A PROFESSIONAL CORPORATION
75 Southgate Ave
Daly City, CA 94015
COMINOS, DION NICHOLAS
Attorney at GORDON & REES LLPEMBARCADERO CENTER WEST
275 Battery Street, Ste 2000
San Francisco, CA 94111
OTHER 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)
PETITION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM (YAZMIN DUARTE APPOINTED AS GUARDIAN AD LITEM FOR EMILIO PEREZ) FILED BY PLAINTIFF DUARTE, YAZMIN AS GUARDIAN AD LITEM
ORDER AND STIPULATION REGARDING THE FILING OF MERCY HOUSING CALIFORNIA XIV,LP AND CATHOLIC CHARITIES CROSS-COMPLAINTS FOR CONTRACTUAL INDEMNITY, EQUITABLE INDEMNITY, CONTRIBUTION, IMPLIED INDEMNITY, AND DECLARATORY RELIEF
CASE MANAGEMENT STATEMENT (TRANSACTION ID # 15124104) FILED BY PLAINTIFF PEREZ, EMILIO A MINOR JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 5.0 DAYS
CASE MANAGEMENT STATEMENT (TRANSACTION ID # 15132060) FILED BY DEFENDANT MERCY HOUSING CALIFORNIA XIV, LP. JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 7.0 DAYS
CASE MANAGEMENT STATEMENT (TRANSACTION ID # 57753149) FILED BY DEFENDANT COLUMBIA CASCADE COMPANY ESTIMATED TIME FOR TRIAL: 10.0 DAYS
CASE MANAGEMENT STATEMENT (TRANSACTION ID # 58190828) FILED BY DEFENDANT MERRILL MORRIS PARTNERS JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 7.0 DAYS
DISMISSAL WITH PREJUDICE OF 4TH AMENDED COMPLAINT (TRANSACTION ID # 58284909) AS TO DEFENDANT KMD ARCHITECTS
ANSWER TO 4TH AMENDED COMPLAINT (TRANSACTION ID # 58679823) FILED BY DEFENDANT MERCY HOUSING CALIFORNIA XIV, LP.
CRC 3.1385 ORDER TO SHOW CAUSE OF MAR-13-2018 IS OFF CALENDAR. DISMISSAL ON FILE. NOTICE SENT BY COURT.
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.
CASE MANAGEMENT STATEMENT (TRANSACTION ID # 100026170) FILED BY DEFENDANT MERCY HOUSING CALIFORNIA XIV, LP.
RESPONSE TO ORDER TO SHOW CAUSE RE DISMISSAL (TRANSACTION ID # 100018464) FILED BY PLAINTIFF PEREZ, EMILIO A MINOR
PROOF OF SERVICE OF NOTICE OF SETTLEMENT (TRANSACTION ID # 60118185) FILED BY CROSS COMPLAINANT MERCY HOUSING CALIFORNIA XIV, LP.
1ST AMENDED CROSS COMPLAINT (TRANSACTION ID # 59491408) FILED PER ORDER BY CROSS COMPLAINANT MERCY HOUSING CALIFORNIA XIV, LP. AS TO CROSS DEFENDANT CATHOLIC CHARITIES CYO OF THE ARCHDIOCES OF SAN FRANCISCO ROES 1-100, INCLUSIVE
ANSWER TO CROSS COMPLAINT (TRANSACTION ID # 59406645) FILED BY CROSS DEFENDANT CAHILL CONTRACTORS, INC.
ORDER : APPLICATION FOR DETERMINATION OF GOOD FAITH SETTLEMENT BY DEFENDANT KODAMA DISENO ARCHITECTS
DECLARATION OF COUNSEL IN SUPPORT THEREOF APPLICATION FOR GOOD FAITH SETTLEMENT DETERMINATION (TRANSACTION ID # 58893561) FILED BY DEFENDANT KODAMA DISENO ARCHITECTS (SUED AS HEREIN AS KODAMA DISENO LP)
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
DocketCRC 3.1385 ORDER TO SHOW CAUSE OF MAR-13-2018 IS OFF CALENDAR. DISMISSAL ON FILE. NOTICE SENT BY COURT.
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.
DocketMINI MINUTES FOR JAN-30-2018 10:30 AM FOR DEPT 610
DocketDISMISSAL WITH PREJUDICE OF 1ST AMENDED CROSS COMPLAINT FILED BY MERCY HOUSING CALIFORNIA XIV, LP. (TRANSACTION ID # 100030834)
DocketDISMISSAL WITHOUT PREJUDICE OF CROSS COMPLAINT FILED BY CATHOLIC CHARITIES CYO OF THE ARCHDIOCES (TRANSACTION ID # 100030829)
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
DocketDISMISSAL WITH PREJUDICE OF 4TH AMENDED COMPLAINT (TRANSACTION ID # 100030073)
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
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).
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)
FinancialPayment : CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Amount : $410; Payment Type : CHECK ; Receipt Number : W2212627F031
Docket1ST APPEARANCE FEES FILED BY PLAINTIFF DUARTE, YAZMIN AS GUARDIAN AD LITEM (Fee:$410.00)
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)
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
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
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
DocketNOTICE TO PLAINTIFF
FinancialPayment : CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Payment Type : IFP ; Receipt Number : W3612525F007
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)
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.
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.
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|| 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.
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.
|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
| 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.
| 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
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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.
| 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.
| 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.
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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.
ON FILE HEREIN, Cross-defendant alleges that Cross-complainant failed to make
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| reasonable efforts to mitigate their damages, if any there were.
| 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.
| ON FILE HEREIN, Cross-defendant alleges that Cross-complainant’s claims are barred by | the doctrine of Laches.
|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.
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
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.
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.
| 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.
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.
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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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.
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.
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. |
| 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. )