This case was last updated from San Francisco County Superior Courts on 04/11/2016 at 18:25:07 (UTC).

M. A. KARAH VS. DOUR ABDELHAK et al

Case Summary

On 06/05/2012 M A KARAH filed an Other lawsuit against DOUR ABDELHAK. This case was filed in San Francisco County Superior Courts, Civic Center Courthouse located in San Francisco, California. The case status is Not Classified By Court.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1391

  • Filing Date:

    06/05/2012

  • Case Status:

    Not Classified By Court

  • Case Type:

    Other

  • Court:

    San Francisco County Superior Courts

  • Courthouse:

    Civic Center Courthouse

  • County, State:

    San Francisco, California

 

Party Details

Plaintiffs

KARAH, M. A.

San Francisco, CA 94102

KARAH, M.A. (PLAINTIFF FROM CONSOLIDATED CASE #CUD-12-642276)

450 Jones Street, #305

San Francisco, CA 94102

Defendants

ABDELHAK, DOUR

AWADALLA, ADEL AND DOING BUSINESS AS SUPREMO PIZZA

AWADALLA, SAMAA AND DOING BUSINESS AS SUPREMO PIZZA

DOES 1 TO 25, INCLUSIVE

HASSINE, SAMIR

ABDELHAK, DOUR AN INDIVIDUAL

HASSINE, SAMIR AN INDIVIDUAL

ADEL AWADALLA, DBA SUPREMO PIZZA (DEFENDANT FROM CONSOLIDATED CASE #CUD-12-642276)

AWADALLA, SAMAA AN INDIVIDUAL AND DOING BUSINESS AS SUPREMO PIZZA

SAMAA AWADALLA, DBA SUPREMO PIZZA (DEFENDANT FROM CONSOLIDATED CASE #CUD-12-642276)

AWADALLA, ADEL AN INDIVIDUAL AND DOING BUSINESS AS SUPREMO PIZZA

Attorney/Law Firm Details

Plaintiff Attorneys

GILG WILLIAM E

WEINBERG, JONATHAN D.

Attorney at LAW OFFICES OF WAYNE A. MCFADDEN

1200 Dore Avenue, Suite 201

San Mateo, CA 94401

GILG, WILLIAM EUGENE

NAVIS, GLEN M.

3182 Old Tunnel Road, Ste.C

Lafayette, CA 94549

Defendant Attorneys

HENDRICKSON, JEROD

Attorney at LAW OFFICES OF LAWRENCE M.SCANCARELLI

220 Bush Street,Ste.1650

San Francisco, CA 94104

SCANCARELLI, LAWRENCE M

Attorney at L/O LAWRENCE M SCANARELLIMILLS TOWER

220 Bush Street Suite 1650

San Francisco, CA 94104

 

Court Documents

COMPLAINT

OTHER NON EXEMPT COMPLAINTS, COMPLAINT FILED BY PLAINTIFF KARAH, M. A. AS TO DEFENDANT ABDELHAK, DOUR AN INDIVIDUAL HASSINE, SAMIR AN INDIVIDUAL AWADALLA, ADEL AN INDIVIDUAL AND DOING BUSINESS AS SUPREMO PIZZA AWADALLA, SAMAA AN INDIVIDUAL AND DOING BUSINESS AS SUPREMO PIZZA DOES 1 TO 25, INCLUSIVE SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR NOV-07-2012 PROOF OF SERVICE DUE ON AUG-06-2012 CASE MANAGEMENT STATEMENT DUE ON OCT-23-2012 (Fee:410.00)

Notice to Plaintiff

NOTICE TO PLAINTIFF

COMPLAINT

1ST AMENDED COMPLAINT FILED BY PLAINTIFF KARAH, M. A. AS TO DEFENDANT ABDELHAK, DOUR AN INDIVIDUAL HASSINE, SAMIR AN INDIVIDUAL AWADALLA, ADEL AN INDIVIDUAL AND DOING BUSINESS AS SUPREMO PIZZA AWADALLA, SAMAA AN INDIVIDUAL AND DOING BUSINESS AS SUPREMO PIZZA DOES 1 TO 25, INCLUSIVE

SUMMONS ISSUED

SUMMONS ISSUED TO PLAINTIFF KARAH, M. A.

Order To Show Cause

ORDER TO SHOW CAUSE SET FOR DEC-18-2012 IN DEPARTMENT 610 AT 2:00 PM FOR FAILURE TO FILE PROOF OF SERVICE ON DEFENDANT(S) AND OBTAIN ANSWER(S), OR ENTER DEFAULT(S). THE NOV-07-2012 CASE MANAGEMENT CONFERENCE IS OFF CALENDAR. NOTICE SENT BY COURT.

ANSWER

ANSWER TO 1ST AMENDED COMPLAINT FILED BY DEFENDANT AWADALLA, ADEL AN INDIVIDUAL AND DOING BUSINESS AS SUPREMO PIZZA (Fee:450.00)

SUBSTITUTION OF ATTORNEY

SUBSTITUTION OF ATTORNEY: PRO PER SUBSTITUTED FOR GILG, WILLIAM EUGENE AS ATTORNEY FOR KARAH, M. A.

Continued Order to Show Cause

ORDER TO SHOW CAUSE SET FOR DEC-18-2012 CONTINUED TO JAN-29-2013 AT 10:30 AM IN DEPARTMENT 610 FOR FAILURE TO FILE PROOF OF SERVICE ON DEFENDANT(S) AND OBTAIN ANSWER(S), OR ENTER DEFAULT(S) AS TO FIRST AMENDED COMPLAINT. THE DEC-18-2012 ORDER TO SHOW CAUSE IS OFF CALENDAR. NOTICE SENT BY COURT.

SUBSTITUTION OF ATTORNEY

SUBSTITUTION OF ATTORNEY: WEINBERG, JONATHAN D. SUBSTITUTED FOR PRO PER AS ATTORNEY FOR KARAH, M. A.

Plaintiff Motion in Limine 4

MOTION IN LIMINE 4 (TRANSACTION ID # 15215069) FILED BY PLAINTIFF KARAH, M. A.

Plaintiff Statement of Witnesses to be Called at Trial, Amended

STATEMENT OF WITNESSES TO BE CALLED AT TRIAL, AMENDED (TRANSACTION ID # 15220001) FILED BY PLAINTIFF KARAH, M. A. KARAH, M.A. (PLAINTIFF FROM CONSOLIDATED CASE #CUD-12-642276)

Plaintiff Trial Brief

TRIAL BRIEF (TRANSACTION ID # 15220001) FILED BY PLAINTIFF KARAH, M. A. KARAH, M.A. (PLAINTIFF FROM CONSOLIDATED CASE #CUD-12-642276)

Plaintiff Supplemental Statement of Exhibits, Amended

SUPPLEMENTAL STATEMENT OF EXHIBITS, AMENDED (TRANSACTION ID # 15220002) FILED BY PLAINTIFF KARAH, M. A. KARAH, M.A. (PLAINTIFF FROM CONSOLIDATED CASE #CUD-12-642276)

Plaintiff List of Documents and Exhibits to be Used at Trial, Amended

LIST OF DOCUMENTS AND EXHIBITS TO BE USED AT TRIAL, AMENDED (TRANSACTION ID # 15220002) FILED BY PLAINTIFF KARAH, M. A. KARAH, M.A. (PLAINTIFF FROM CONSOLIDATED CASE #CUD-12-642276)

Plaintiff Motion in Limine 1, Amended

MOTION IN LIMINE 1, AMENDED (TRANSACTION ID # 15221001) FILED BY PLAINTIFF KARAH, M. A.

Plaintiff Trial Brief, Amended

TRIAL BRIEF, AMENDED (TRANSACTION ID # 15221001) FILED BY PLAINTIFF KARAH, M. A.

Order to Show Cause RE Dismissal (CRC 3.1385)

REMOVED FROM MASTER JURY CALENDAR SET FOR AUG-10-2015 - CASE SETTLED WITH SETTLEMENT MANAGER, PANG LY. ASSIGNED TO DEPT. 610 ON MAR-27-2018 AT 10:30 AM FOR DISMISSAL PER CRC 3.1385.

Settlement Agreement

SETTLEMENT AGREEMENT; (TRANSACTION ID # 15222116) FILED BY DEFENDANT AWADALLA, ADEL AN INDIVIDUAL AND DOING BUSINESS AS SUPREMO PIZZA

54 More Documents Available

 

Docket Entries

  • 08/12/2015
  • View Court Documents
  • SETTLEMENT AGREEMENT; (TRANSACTION ID # 15222116) FILED BY DEFENDANT AWADALLA, ADEL AN INDIVIDUAL AND DOING BUSINESS AS SUPREMO PIZZA

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  • 08/10/2015
  • View Court Documents
  • REMOVED FROM MASTER JURY CALENDAR SET FOR AUG-10-2015 - CASE SETTLED WITH SETTLEMENT MANAGER, PANG LY. ASSIGNED TO DEPT. 610 ON MAR-27-2018 AT 10:30 AM FOR DISMISSAL PER CRC 3.1385.

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  • 08/10/2015
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  • TRIAL BRIEF, AMENDED (TRANSACTION ID # 15221001) FILED BY PLAINTIFF KARAH, M. A.

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  • 08/10/2015
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  • MOTION IN LIMINE 1, AMENDED (TRANSACTION ID # 15221001) FILED BY PLAINTIFF KARAH, M. A.

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  • 08/10/2015
  • View Court Documents
  • LIST OF DOCUMENTS AND EXHIBITS TO BE USED AT TRIAL, AMENDED (TRANSACTION ID # 15220002) FILED BY PLAINTIFF KARAH, M. A. KARAH, M.A. (PLAINTIFF FROM CONSOLIDATED CASE #CUD-12-642276)

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  • 08/10/2015
  • View Court Documents
  • SUPPLEMENTAL STATEMENT OF EXHIBITS, AMENDED (TRANSACTION ID # 15220002) FILED BY PLAINTIFF KARAH, M. A. KARAH, M.A. (PLAINTIFF FROM CONSOLIDATED CASE #CUD-12-642276)

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  • 08/10/2015
  • View Court Documents
  • TRIAL BRIEF (TRANSACTION ID # 15220001) FILED BY PLAINTIFF KARAH, M. A. KARAH, M.A. (PLAINTIFF FROM CONSOLIDATED CASE #CUD-12-642276)

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  • 08/10/2015
  • View Court Documents
  • STATEMENT OF WITNESSES TO BE CALLED AT TRIAL, AMENDED (TRANSACTION ID # 15220001) FILED BY PLAINTIFF KARAH, M. A. KARAH, M.A. (PLAINTIFF FROM CONSOLIDATED CASE #CUD-12-642276)

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  • 08/05/2015
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  • MOTION IN LIMINE 4 (TRANSACTION ID # 15215069) FILED BY PLAINTIFF KARAH, M. A.

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  • 08/05/2015
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  • MOTION IN LIMINE 3 (TRANSACTION ID # 15215069) FILED BY PLAINTIFF KARAH, M. A.

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69 More Docket Entries
  • 01/10/2013
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  • DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT ABDELHAK, DOUR AN INDIVIDUAL

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  • 01/10/2013
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  • SUBSTITUTION OF ATTORNEY: WEINBERG, JONATHAN D. SUBSTITUTED FOR PRO PER AS ATTORNEY FOR KARAH, M. A.

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  • 11/29/2012
  • View Court Documents
  • ORDER TO SHOW CAUSE SET FOR DEC-18-2012 CONTINUED TO JAN-29-2013 AT 10:30 AM IN DEPARTMENT 610 FOR FAILURE TO FILE PROOF OF SERVICE ON DEFENDANT(S) AND OBTAIN ANSWER(S), OR ENTER DEFAULT(S) AS TO FIRST AMENDED COMPLAINT. THE DEC-18-2012 ORDER TO SHOW CAUSE IS OFF CALENDAR. NOTICE SENT BY COURT.

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  • 11/21/2012
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  • SUBSTITUTION OF ATTORNEY: PRO PER SUBSTITUTED FOR GILG, WILLIAM EUGENE AS ATTORNEY FOR KARAH, M. A.

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  • 10/26/2012
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  • ANSWER TO 1ST AMENDED COMPLAINT FILED BY DEFENDANT AWADALLA, ADEL AN INDIVIDUAL AND DOING BUSINESS AS SUPREMO PIZZA (Fee:450.00)

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  • 10/24/2012
  • View Court Documents
  • ORDER TO SHOW CAUSE SET FOR DEC-18-2012 IN DEPARTMENT 610 AT 2:00 PM FOR FAILURE TO FILE PROOF OF SERVICE ON DEFENDANT(S) AND OBTAIN ANSWER(S), OR ENTER DEFAULT(S). THE NOV-07-2012 CASE MANAGEMENT CONFERENCE IS OFF CALENDAR. NOTICE SENT BY COURT.

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  • 06/19/2012
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  • SUMMONS ISSUED TO PLAINTIFF KARAH, M. A.

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  • 06/19/2012
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  • 1ST AMENDED COMPLAINT FILED BY PLAINTIFF KARAH, M. A. AS TO DEFENDANT ABDELHAK, DOUR AN INDIVIDUAL HASSINE, SAMIR AN INDIVIDUAL AWADALLA, ADEL AN INDIVIDUAL AND DOING BUSINESS AS SUPREMO PIZZA AWADALLA, SAMAA AN INDIVIDUAL AND DOING BUSINESS AS SUPREMO PIZZA DOES 1 TO 25, INCLUSIVE

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  • 06/05/2012
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  • NOTICE TO PLAINTIFF

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  • 06/05/2012
  • View Court Documents
  • OTHER NON EXEMPT COMPLAINTS, COMPLAINT FILED BY PLAINTIFF KARAH, M. A. AS TO DEFENDANT ABDELHAK, DOUR AN INDIVIDUAL HASSINE, SAMIR AN INDIVIDUAL AWADALLA, ADEL AN INDIVIDUAL AND DOING BUSINESS AS SUPREMO PIZZA AWADALLA, SAMAA AN INDIVIDUAL AND DOING BUSINESS AS SUPREMO PIZZA DOES 1 TO 25, INCLUSIVE SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR NOV-07-2012 PROOF OF SERVICE DUE ON AUG-06-2012 CASE MANAGEMENT STATEMENT DUE ON OCT-23-2012 (Fee:410.00)

    Read MoreRead Less

Complaint Information

LAWRENCE M. SCANCARELLI, ESQ. (SBN 80633)

JEROD HENDRICKSON, ESQ. (SBN 197169) ‘ g | LAW OFFICES OF LAWRENCE M. SCANCA I ‘ ‘, 4, or Gourt Mills Tower - - ano y

220 Bush Street, Suite 1650 San 2014 San Francisco, CA 94104 I 2.4

Tel: (415) 398-1644 | W Fax: (415) 398-0613 CLERK

goo Lot

QURT

epVYy Attorneys for Defendant ADEL AWADALLA an individual and dba Supremo Pizza

SUPERIOR COURT OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO

CIVIL - UNLIMITED JURISDICTION

M. A. KARAH, Case No. CGC — 12 - 521391

Plaintiff, ANSWER TO SECOND AMENDED

COMPLAINT BY DEFENDANT ADEL

Vs AWADALLA, an Individual and dba . SUPREMO PIZZA

DOUR ABDELHAK, SAMIR HASSINE, ADEL AWADALLA, an individual and dba Supremo Pizza, SAMAA | AWADALLA, an individual and dba Supremo Pizza and DOES 1 through 25,

inclusive,

Defendants.

COMES NOW Defendant, ADEL AWADALLA an individual and dba SUPREMO PIZZA (hereinafter also referred to as “Defendant”) and in this answer to the unverified Complaint on file herein and every cause of action thereof, deny each and every, all and singular, generally and specifically the allegations therein contained and further deny that Plaintiff was damaged and/or injured in any sum Or sums or at all.

AS AND FOR A SEPARATE, DISTINCT AND FIRST AFFIRMATIVE DEFENSE, this answering Defendant alleges that the Complaint and each purported cause of action thereof fails

to state facts sufficient to state a cause of action against this answering Defendant.

to state facts sufficient to state a cause of action against this answering Defendant. AS AND FOR A FURTHER SEPARATE, DISTINCT AND SECOND AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, this answering Defendant alleges that Plaintiff’s Complaint and each purported cause of action thereof is barred by one or more of the applicable statutes of limitations, including, but not limited to, Code of Civil Procedure § 337, 338, 339, 340(3), et seq.

AS AND FOR A FURTHER SEPARATE, DISTINCT AND SECOND AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, this answering Defendant alleges that Plaintiff’s Complaint and each purported cause of action thereof is barred by one or more of the applicable statutes of limitations, including, but not limited to, Code of Civil Procedure § 337, 338, 339, 340(3), et seq.

AS AND FOR A FURTHER SEPARATE, DISTINCT AND THIRD AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, this answering Defendant alleges that Plaintiff has waived and/or released his right to maintain the action filed in this case.

AS AND FOR A FURTHER SEPARATE, DISTINCT AND FOURTH AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, this answering Defendant alleges that the action filed in this case is not maintainable under the equitable doctrine of laches.

AS AND FOR A FURTHER SEPARATE, DISTINCT AND FIFTH AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, this answering Defendant alleges that Plaintiff is barred from recovery in this case under the doctrine of unclean hands.

AS AND FOR A FURTHER SEPARATE, DISTINCT AND SIXTH AFFIRMATIVE DEFENSE this answering Defendant alleges that Plaintiff is estopped by action of law or by conduct from maintaining the action filed in this case.

AS AND FOR A FURTHER SEPARATE, DISTINCT AND SEVENTH AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, this answering Defendant alleges that the Plaintiff was himself negligent and careless in and about the matters referred to in Plaintiff’s Complaint on file herein and that said negligence and carelessness contributed to and proximately caused the damage and/or injuries alleged, if any.

AS AND FOR A FURTHER SEPARATE, DISTINCT AND EIGHTH AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, this answering Defendant alleges that Plaintiff’s injuries, loss, and/or damages, if any there were, were aggravated by

Plaintiff’s failure to use reasonable diligence to mitigate the same.

Plaintiff’s failure to use reasonable diligence to mitigate the same. AS AND FOR A FURTHER SEPARATE, DISTINCT AND NINTH AFFIRMATIVE

AS AND FOR A FURTHER SEPARATE, DISTINCT AND NINTH AFFIRMATIVE

| DEFENSE to the Complaint and each and every cause of action thereof, this answering Defendant | alleges that Plaintiff has failed to state a claim upon which attorney’s fees can be awarded.

AS AND FOR A FURTHER SEPARATE, DISTINCT AND TENTH AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, this answering Defendant alleges that the California statute authorizing exemplary or punitive damages (Civil Code Section 3294) is unconstitutional pursuant to the United States Constitution and the Constitution of the State of California.

AS AND FOR A FURTHER SEPARATE, DISTINCT AND ELEVENTH AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, this answering Defendant alleges that the Complaint fails to state facts sufficient to state any claim upon which an award of punitive damages can be made.

AS AND FOR A FURTHER SEPARATE, DISTINCT AND TWELVTH AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, this answering Defendant alleges that, if there was any negligence and carelessness contributing to the damages and/or injuries, it was the negligence and carelessness of some entity or individual other than this answering Defendant.

AS AND FOR A FURTHER SEPARATE, DISTINCT AND THIRTEENTH AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, this answering Defendant alleges that the provision of the “Fair Responsibility Act of 1986” (commonly known as Proposition 51, Civil Code Sections 1431, 1431.1, 1431.2, 1431.3, 1431 4, and 1431.5), are applicable to this action, to the extent Plaintiff’s injuries and damages, if any there were or are, were proximately caused or contributed to by the carelessness, negligence, or fault of persons or entities other than this answering Defendant.

AS AND FOR A FURTHER SEPARATE, DISTINCT AND FOURTEENTH AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, this answering Defendant alleges that Plaintiff is barred from asserting any causes of action by virtue of

his consent to the alleged acts or conditions.

his consent to the alleged acts or conditions. AS AND FOR A FURTHER SEPARATE, DISTINCT AND FIFTEENTH AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, this answering Defendant alleges that prior to the commencement of this action, this answering Defendant duly performed, satisfied and discharged all duties and obligations he majf have owed to the Plaintiff arisingagreements, representations, or contracts made by or on behalf of this answering Defendant and this action is therefore barred by the provisions of California Civil Code Section 1473.

AS AND FOR A FURTHER SEPARATE, DISTINCT AND FIFTEENTH AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, this answering Defendant alleges that prior to the commencement of this action, this answering Defendant duly performed, satisfied and discharged all duties and obligations he majf have owed to the Plaintiff arisingagreements, representations, or contracts made by or on behalf of this answering Defendant and this action is therefore barred by the provisions of California Civil Code Section 1473.

AS AND FOR A FURTHER SEPARATE, DISTINCT AND SIXTEENTH AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, this answering Defendant alleges that Plaintiff’s conduct was the proximate cause of Plaintiff’s injuries. Plaintiff’s damages, if any, should be reduced by the principles of comparative negligence is assessing liability according to the proportion of negligence attributable to the parties.

AS AND FOR A FURTHER SEPARATE, DISTINCT AND SEVENTEENTH AFFIRMATIVE DEFENSE to the Complaint and each and every cause of action thereof, this answering Defendant alleges that this answering Defendant is entitled to the right of indemnification by apportionment against all other parties and persons whose negligence contributed to the alleged damages.

AS AND FOR A FURTHER SEPARATE, DISTINCT AND EIGHTEENTH AF FIRMATIV E DEFENSE to the Complaint and each and every cause of action thereof, this answering Defendant alleges that the injuries and damages alleged and for which Plaintiff seeks recovery were the result of causes independent of any purported écts or omissions on the part of this answering Defendant, thereby eliminating or reducing the alleged liability of this answering Defendant.

WHEREFORE, this answering Defendant prays for judgment against Plaintiff as follows:

1. For dismissal of this action with prejudice;

2. For attorney’s fees, costs and expert witness fees incurred in defense of this action;