FABIO G GIOTTA VS. CAFFE TRIESTE, INC ET AL
Case Summary
Case Details
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Case Number:
*******9705
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Filing Date:
06/22/2017
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Case Status:
Not Classified By Court
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Case Type:
Contract - Business Governance
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Courthouse:
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County, State:
San Francisco, California
Judge Details
Judges
HAROLD E. KAHN
TERI L. JACKSON
A. JAMES ROBERTSON II
Party Details
Plaintiffs and Cross Defendants
GIOTTA, FABIO G
DOES 1 TO 10 INCLUSIVE
Cross Defendants and Defendants
DOES 1 TO 10 INCLUSIVE
GIOTTA, ADRIENNE INDIVIDUALLY, AND AS TRUSTEE OF THE GIOTTA FAMILY TRUST
CAFFE TRIESTE, INC A CALIFORNIA CORPORATION
ZOUBI, IDA
CAFE TRIESTE SUPERB COFFEES, INC A CALIFORNIA CORPORATION
Cross Plaintiffs and Defendants
CAFFE TRIESTE, INC A CALIFORNIA CORPORATION
CAFE TRIESTE SUPERB COFFEES, INC A CALIFORNIA CORPORATION
Attorney/Law Firm Details
Plaintiff and Cross Defendant Attorney
SCARPINO, JOHN H
Attorney at LAW OFFICE OF JOHN SCARPINO
44 Montgomery St. S-2500
San Francisco, CA 94104-4217
Defendant and Cross Plaintiff Attorneys
LIPPENBERGER, DON CARL
Attorney at LAW OFFICE OF CARL LIPPENBERGERSHELTERPOINT BUSINESS CENTER
591 Redwood Highway Suite 2375
Mill Valley, CA 94941
KENNY, DENIS S.
Attorney at SCHERER SMITH & KENNY LLP
140 Geary Street, 7Th Floor
San Francisco, CA 94108
Court Documents
DECLARATION OF DENIS S KENNY IN SUPPORT OF OPPOSITION TO PLAINTIFFS MOTION TO DISQUALIFY COUNSEL (TRANSACTION ID # 100027576) FILED BY DEFENDANT CAFFE TRIESTE, INC A CALIFORNIA CORPORATION CAFE TRIESTE SUPERB COFFEES, INC A CALIFORNIA CORPORATION ZOUBI, IDA
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION TO DISQUALIFY COUNSEL (TRANSACTION ID # 100027576) FILED BY DEFENDANT CAFFE TRIESTE, INC A CALIFORNIA CORPORATION CAFE TRIESTE SUPERB COFFEES, INC A CALIFORNIA CORPORATION ZOUBI, IDA
NOTICE OF TIME AND PLACE OF TRIAL, JURY TRIAL SET FOR OCT-15-2018 AT 9:30 AM IN DEPT. 206.
PROOF OF SERVICE BY FEDERAL EXPRESS OF MOTION TO DISQUALIFY COUNSEL (TRANSACTION ID # 17323047) FILED BY PLAINTIFF GIOTTA, FABIO G
DECLARATION OF JOHN SCARPINO IN SUPPORT OF MOTION TO DISQUALIFY COUNSEL (TRANSACTION ID # 17323047) FILED BY PLAINTIFF GIOTTA, FABIO G
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISQUALIFY COUNSEL (TRANSACTION ID # 17323047) FILED BY PLAINTIFF GIOTTA, FABIO G
NOTICE OF MOTION TO DISQUALIFY COUNSEL (TRANSACTION ID # 17323047) FILED BY PLAINTIFF GIOTTA, FABIO G HEARING SET FOR DEC-18-2017 AT 09:30 AM IN DEPT 302
OBJECTION TO NOTICE OF TIME AND PLACE OF TRIAL (TRANSACTION ID # 100026181) FILED BY DEFENDANT CAFE TRIESTE SUPERB COFFEES, INC A CALIFORNIA CORPORATION ZOUBI, IDA
CASE MANAGEMENT STATEMENT (TRANSACTION ID # 17312074) FILED BY PLAINTIFF GIOTTA, FABIO G JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 9.0 DAYS
NOTICE OF TIME AND PLACE OF TRIAL, JURY TRIAL SET FOR MAY-29-2018 AT 9:30 AM IN DEPT. 206. CASE MANAGEMENT CONFERENCE ON NOV-22-2017 IS OFF CALENDAR. NOTICE SENT BY COURT.
CASE MANAGEMENT STATEMENT (TRANSACTION ID # 61335140) FILED BY DEFENDANT GIOTTA, ADRIENNE INDIVIDUALLY, AND AS TRUSTEE OF THE GIOTTA FAMILY TRUST JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 9.0 DAYS
CASE MANAGEMENT STATEMENT (TRANSACTION ID # 100025851) FILED BY DEFENDANT CAFFE TRIESTE, INC A CALIFORNIA CORPORATION CAFE TRIESTE SUPERB COFFEES, INC A CALIFORNIA CORPORATION ZOUBI, IDA JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 9.0 DAYS
ANSWER TO CROSS COMPLAINT (TRANSACTION ID # 17299026) FILED BY CROSS DEFENDANT GIOTTA, FABIO G
DISMISSAL WITHOUT PREJUDICE OF CROSS COMPLAINT FILED BY CAFFE TRIESTE, INC, CAFE TRIESTE SUPERB COFFEES, INC AS TO THE FIFTH CAUSE OF ACTION (INTENTIONAL MISREPRESENTATION) AND SIXTH CAUSE OF ACTION (NEGLIGENT MISREPRESENTATION) ONLY (TRANSACTION ID # 100024848)
DECLARATION OF JOHN H SCARPINO IN SUPPORT OF THIRTY-DAY CONTINUANCE OF DEMURRER DEADLINE (C.C.P. SECT. 430.41) (TRANSACTION ID # 17283076) FILED BY PLAINTIFF GIOTTA, FABIO G
ANSWER TO COMPLAINT (TRANSACTION ID # 61019877) FILED BY DEFENDANT GIOTTA, ADRIENNE INDIVIDUALLY, AND AS TRUSTEE OF THE GIOTTA FAMILY TRUST
CROSS COMPLAINT (TRANSACTION ID # 100021259) FILED BY CROSS COMPLAINANT CAFFE TRIESTE, INC A CALIFORNIA CORPORATION CAFE TRIESTE SUPERB COFFEES, INC A CALIFORNIA CORPORATION AS TO CROSS DEFENDANT GIOTTA, FABIO G DOES 1 TO 10 INCLUSIVE
ANSWER TO COMPLAINT (TRANSACTION ID # 100021259) FILED BY DEFENDANT CAFFE TRIESTE, INC A CALIFORNIA CORPORATION CAFE TRIESTE SUPERB COFFEES, INC A CALIFORNIA CORPORATION ZOUBI, IDA
Docket Entries
- 11/21/2017
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Payment : COURT REPORTER FEES < 1 HOUR; Amount : $30; Payment Type : ELECTRONIC; Receipt Number : B1417B21R008
- 11/21/2017
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Payment : MOTION; Amount : $60; Payment Type : ELECTRONIC; Receipt Number : B1417B21M007
- 11/08/2017
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Payment : JURY FEES; Amount : $150; Payment Type : ELECTRONIC; Receipt Number : R3417B08J003
- 08/22/2017
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Payment : CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Amount : $450; Payment Type : ELECTRONIC; Receipt Number : Y0217822F003
- 08/22/2017
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Payment : CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Amount : $1350; Payment Type : ELECTRONIC; Receipt Number : Y0217822F002
- 06/22/2017
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Payment : CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Amount : $450; Payment Type : CREDIT CARD; Receipt Number : R7717622F006
- 12/05/2017
- View Court Documents
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DECLARATION OF DENIS S KENNY IN SUPPORT OF OPPOSITION TO PLAINTIFFS MOTION TO DISQUALIFY COUNSEL (TRANSACTION ID # 100027576) FILED BY DEFENDANT CAFFE TRIESTE, INC A CALIFORNIA CORPORATION CAFE TRIESTE SUPERB COFFEES, INC A CALIFORNIA CORPORATION ZOUBI, IDA
- 12/05/2017
- View Court Documents
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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION TO DISQUALIFY COUNSEL (TRANSACTION ID # 100027576) FILED BY DEFENDANT CAFFE TRIESTE, INC A CALIFORNIA CORPORATION CAFE TRIESTE SUPERB COFFEES, INC A CALIFORNIA CORPORATION ZOUBI, IDA
- 11/22/2017
- View Court Documents
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NOTICE OF TIME AND PLACE OF TRIAL, JURY TRIAL SET FOR OCT-15-2018 AT 9:30 AM IN DEPT. 206.
- 11/22/2017
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OBJECTION HEARING OF NOV-22-2017 HELD. JUDGE: A. JAMES ROBERTSON; CLERK: YOLANDA MAZARIEGOS/KENNETH HUNT; PROCEEDINGS NOT REPORTED. (610)
- 11/07/2017
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JURY FEES (TRANSACTION ID # 100025851) DEPOSITED BY DEFENDANT CAFE TRIESTE SUPERB COFFEES, INC A CALIFORNIA CORPORATION (Fee:$150.00)
- 11/07/2017
- View Court Documents
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CASE MANAGEMENT STATEMENT (TRANSACTION ID # 100025851) FILED BY DEFENDANT CAFFE TRIESTE, INC A CALIFORNIA CORPORATION CAFE TRIESTE SUPERB COFFEES, INC A CALIFORNIA CORPORATION ZOUBI, IDA JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 9.0 DAYS
- 10/27/2017
- View Court Documents
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ANSWER TO CROSS COMPLAINT (TRANSACTION ID # 17299026) FILED BY CROSS DEFENDANT GIOTTA, FABIO G
- 10/24/2017
- View Court Documents
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DISMISSAL WITHOUT PREJUDICE OF CROSS COMPLAINT FILED BY CAFFE TRIESTE, INC, CAFE TRIESTE SUPERB COFFEES, INC AS TO THE FIFTH CAUSE OF ACTION (INTENTIONAL MISREPRESENTATION) AND SIXTH CAUSE OF ACTION (NEGLIGENT MISREPRESENTATION) ONLY (TRANSACTION ID # 100024848)
- 10/12/2017
- View Court Documents
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DECLARATION OF JOHN H SCARPINO IN SUPPORT OF THIRTY-DAY CONTINUANCE OF DEMURRER DEADLINE (C.C.P. SECT. 430.41) (TRANSACTION ID # 17283076) FILED BY PLAINTIFF GIOTTA, FABIO G
- 08/22/2017
- View Court Documents
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ANSWER TO COMPLAINT (TRANSACTION ID # 61019877) FILED BY DEFENDANT GIOTTA, ADRIENNE INDIVIDUALLY, AND AS TRUSTEE OF THE GIOTTA FAMILY TRUST (Fee:$450.00)
- 08/22/2017
- View Court Documents
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CROSS COMPLAINT (TRANSACTION ID # 100021259) FILED BY CROSS COMPLAINANT CAFFE TRIESTE, INC A CALIFORNIA CORPORATION CAFE TRIESTE SUPERB COFFEES, INC A CALIFORNIA CORPORATION AS TO CROSS DEFENDANT GIOTTA, FABIO G DOES 1 TO 10 INCLUSIVE
- 08/22/2017
- View Court Documents
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ANSWER TO COMPLAINT (TRANSACTION ID # 100021259) FILED BY DEFENDANT CAFFE TRIESTE, INC A CALIFORNIA CORPORATION CAFE TRIESTE SUPERB COFFEES, INC A CALIFORNIA CORPORATION ZOUBI, IDA (Fee:$1350.00)
- 06/22/2017
- View Court Documents
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NOTICE TO PLAINTIFF
- 06/22/2017
- View Court Documents
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PARTNERSHIP AND CORPORATE GOVERNANCE, COMPLAINT FILED BY PLAINTIFF GIOTTA, FABIO G AS TO DEFENDANT CAFFE TRIESTE, INC A CALIFORNIA CORPORATION CAFE TRIESTE SUPERB COFFEES, INC A CALIFORNIA CORPORATION GIOTTA, ADRIENNE INDIVIDUALLY, AND AS TRUSTEE OF THE GIOTTA FAMILY TRUST ZOUBI, IDA DOES 1 TO 10 INCLUSIVE SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR NOV-22-2017 PROOF OF SERVICE DUE ON AUG-21-2017 CASE MANAGEMENT STATEMENT DUE ON OCT-30-2017 (Fee:$450.00)
Tentative Rulings
| Case Number: | *******9705 | |
| Case Title: | FABIO G GIOTTA VS. CAFFE TRIESTE, INC ET AL | |
| Court Date: | DEC-21-2018 09:30 AM | |
| Calendar Matter: | Notice Of Motion And Motion By Plaintiff Fabio G. Giotta To Strike Or Tax Costs Of Defendant Ida Zoubi | |
| Rulings: | Set for hearing on Friday, December 21, 2018, Line 7, PLAINTIFF FABIO GIOTTA Motion By Plaintiff Fabio G. Giotta To Strike Or Tax Costs Of Defendant Ida ZoubiIf the tentative ruling is contested, the motion will be heard at 10:30am, not 9:30am, by Judge Kahn. Plaintiff Fabio Giotta's motion to strike or tax costs claimed by defendant Ida Zoubi is granted in part. Ms. Zoubi is entitled to costs in the amount of $4,006.54. Ms. Zoubi's opposition papers included a revised costs memorandum. All costs claimed in the original costs memorandum not included in the revised memorandum are taxed based on Ms. Zoubi's concession that she should not recover those costs. In addition, the court taxes two-thirds of the costs for Mr. Giotta's deposition since those costs are properly equally allocable among all three of the clients represented by the Schrerer firm. All other costs claimed on the revised memorandum were reasonably incurred and recoverable by Ms. Zoubi. 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 Ms. Zoubi is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring it 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: | *******9705 | |
| Case Title: | FABIO G GIOTTA VS. CAFFE TRIESTE, INC ET AL | |
| Court Date: | OCT-01-2018 10:30 AM | |
| Calendar Matter: | Defendants Caffe Trieste, Inc., Caffe Trieste Superb Coffees, Inc., And Ida Zoubi'S Motion For Summary Judgment Or Summary Adjudication Or Both. (Continued From 9/27/18) | |
| Rulings: | Set for hearing on Monday, October 1, 2018, Line 15, Defendants Caffe Trieste, Inc., Caffe Trieste Superb Coffees, Inc., And Ida Zoubi'S Motion For Summary Judgment Or Summary Adjudication Or Both. (Continued From 9/27/18)Hearing required. The hearing will be at 10:30am, not 9:30am. =302/hk |
| Case Number: | *******9705 | |
| Case Title: | FABIO G GIOTTA VS. CAFFE TRIESTE, INC ET AL | |
| Court Date: | SEP-27-2018 09:30 AM | |
| Calendar Matter: | Defendant Giotta'S Motion For Judgment On The Pleadings | |
| Rulings: | Set for hearing on Thursday, September 27, 2018, Line 15, Defendant Giotta's Motion For Judgment On The PleadingsHearing required. =302/hk |
| Case Number: | *******9705 | |
| Case Title: | FABIO G GIOTTA VS. CAFFE TRIESTE, INC ET AL | |
| Court Date: | SEP-13-2018 09:30 AM | |
| Calendar Matter: | MOTION FOR SUMMARY JUDGMENT Or Summary Adjudication Or Both | |
| Rulings: | Set for hearing on Thursday, September 13, 2018, Line 2, DEFENDANT ADRIENNE GIOTTA's MOTION FOR SUMMARY JUDGMENT Or Summary Adjudication Or BothDefendant Giotta's motion for summary judgment is CONTINUED to September 28, 2018 due to the late filed opposition. Defendant to file and serve any reply papers by September 21, 2018. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4 pm 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. =302/acm |
| Case Number: | *******9705 | |
| Case Title: | FABIO G GIOTTA VS. CAFFE TRIESTE, INC ET AL | |
| Court Date: | DEC-18-2017 09:30 AM | |
| Calendar Matter: | Notice Of Motion To Disqualify Counsel | |
| Rulings: | Set for hearing on Monday, December 18, 2017, Line 13,PLAINTIFF FABIO GIOTTA's Motion To Disqualify CounselPlaintiff Fabio Giotta's motion to disqualify the law firm of Scherer Smith & Kenny from representing both the corporate defendants and defendant Ida Zoubi in this case is denied. Mr. Giotta has not alleged a derivative claim, made allegations that are "essentially derivative in nature," or otherwise identified an actual conflict between the corporate defendants and Ms. Zoubi. (Coldren v. Hart, King & Coldren, Inc. (2015) 239 Cal. App. 4th 237). This motion is controlled by Coldren and must be denied for the same two reasons that Coldren reversed a trial court's grant of a motion to disqualify the law firm in that case: 1) Mr. Giotta lacks standing to challenge the alleged conflict and 2) no conflict has been shown. The fact that, unlike Coldren, there has been no Corporations Code 2000 buyout demand in this case does not make Coldren inapplicable to this case. The discussion in Coldren about the section 2000 demand was corroboratory to the holding that, absent a derivative claim or derivative-like allegation, there is no conflict precluding a law firm from representing both a controlling shareholder and the corporation. Gong v. RFG Oil, Inc. (2008) 166 Cal. App. 4th 209, relied on by Mr. Giotta, is not applicable, as stated in Coldren, because Mr. Giotta has not alleged either a derivative claim or made allegations that are "essentially derivative in nature." 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 Ms. Zoubi is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring it to the hearing or email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.=(302/HK) |
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