********
08/09/2021
Not Classified By Court
Other
San Francisco, California
RICHARD B. ULMER
SAMUEL K. FENG
SUZANNE R. BOLANOS
ANNE-CHRISTINE MASSULLO
NICHOLSON, LINTON INDIV AND ON BEHALF OF OTHERS MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED
REYES, OCTAVIO INDIV AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED
DOES 1 TO 100
URBAN ALCHEMY AN UNKNOWN BUSINESS ENTITY
URBAN ALCHEMY
AIWAZIAN, EDWIN
CAVANAGH, CHARLES C
CARTER, KATHLEEN MARY KUSHI
CASE MANAGEMENT CONFERENCE OF NOV-16-2022 CONTINUED TO MAY-17-2023 AT 10:30 AM IN DEPARTMENT 610 FOR STATUS OF STAY. NOTICE SENT BY COURT.
CASE MANAGEMENT CONFERENCE OF MAY-18-2022 CONTINUED TO NOV-16-2022 AT 10:30 AM IN DEPARTMENT 610 FOR STATUS OF STAY. NOTICE SENT BY COURT.
ORDER DENYING COMPLEX DESIGNATION FOR FAILURE TO FILE APPLICATION REQUESTING DESIGNATION.
ORDER SUSTAINING DEFENDANT URBAN ALCHEMY'S DEMURRER TO CLASS ACTION COMPLAINT FOR DAMAGES.
SUPPLEMENTAL DECLARATION OF CHARLES CAVANAGH IN SUPPORT OF DEFENDANT URBAN ALCHEMYS DEMURRER TO CLASS ACTION COMPLAINT FOR DAMAGES (TRANSACTION ID # 100160567) FILED BY DEFENDANT URBAN ALCHEMY
REPLY BRIEF IN SUPPORT OF DEFENDANT URBAN ALCHEMYS DEMURRER TO CLASS ACTION COMPLAINT FOR DAMAGES (TRANSACTION ID # 100160567) FILED BY DEFENDANT URBAN ALCHEMY
PROOF OF SERVICE BY ELECTRONIC MAIL (TRANSACTION ID # 210003981) FILED BY PLAINTIFF REYES, OCTAVIO INDIV AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED NICHOLSON, LINTON INDIV AND ON BEHALF OF OTHERS MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED
DECLARATION OF MARGAUX GUNDZIK IN SUPPORT OF PLAINTIFFS??? OPPOSITION TO DEFENDANT URBAN ALCHEMYS DEMURRER TO PLAINTIFF???S CLASS ACTION COMPLAINT FOR DAMAGES (DECLARATIONS) (TRANSACTION ID # 210003981) FILED BY PLAINTIFF REYES, OCTAVIO INDIV AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED NICHOLSON, LINTON INDIV AND ON BEHALF OF OTHERS MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED
DECLARATION OF CHARLES CAVANAGH IN SUPPORT OF DEFENDANT URBAN ALCHEMYS DEMURRER TO CLASS ACTION COMPLAINT FOR DAMAGES (TRANSACTION ID # 100157759) FILED BY DEFENDANT URBAN ALCHEMY
CASE MANAGEMENT CONFERENCE OF MAY-17-2023 CONTINUED TO SEP-20-2023 AT 10:30 AM IN DEPARTMENT 610 FOR STATUS OF STAY. NOTICE SENT BY COURT.
CASE MANAGEMENT STATEMENT (TRANSACTION ID # 100198802) (TRANSACTION ID # 100198802) FILED BY DEFENDANT URBAN ALCHEMY JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 10.0 DAYS
CASE MANAGEMENT STATEMENT (TRANSACTION ID # 210035835) FILED BY PLAINTIFF REYES, OCTAVIO INDIV AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED NICHOLSON, LINTON INDIV AND ON BEHALF OF OTHERS MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 15.0 DAYS
ORDER DENYING PLAINTIFF'S MOTION TO LIFT STAY.
REPLY IN SUPPORT OF MOTION TO LIFT THE STAY ON THIS ACTION (TRANSACTION ID # 210034576) FILED BY PLAINTIFF REYES, OCTAVIO INDIV AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED NICHOLSON, LINTON INDIV AND ON BEHALF OF OTHERS MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED
EXHIBIT B TO REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT URBAN ALCHEMY'S OPPOSITION TO PLAINTIFFS MOTION TO LIFT STAY (TRANSACTION ID # 100196907) FILED BY DEFENDANT URBAN ALCHEMY
EXHIBIT A TO REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT URBAN ALCHEMY'S OPPOSITION TO PLAINTIFFS MOTION TO LIFT STAY (TRANSACTION ID # 100196907) FILED BY DEFENDANT URBAN ALCHEMY
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT URBAN ALCHEMY'S OPPOSITION TO PLAINTIFFS MOTION TO LIFT STAY (TRANSACTION ID # 100196907) FILED BY DEFENDANT URBAN ALCHEMY
DECLARATION OF CHARLES CAVANAGH IN SUPPORT OF DEFENDANT URBAN ALCHEMY'S OPPOSITION TO PLAINTIFFS MOTION TO LIFT STAY (TRANSACTION ID # 100196907) FILED BY DEFENDANT URBAN ALCHEMY
HearingMatter(s): CASE MANAGEMENT CONFERENCE; Location: CIVIC CENTER COURTHOUSE ROOM 610; Judge Name: ANNE-CHRISTINE MASSULLO
[-] Read LessHearingMatter(s): CASE MANAGEMENT CONFERENCE Off Calendar May-03-2023 Continued To Sep-20-23 At 10:30 A.M. In Dept 610; Location: CIVIC CENTER COURTHOUSE ROOM 610; Judge Name: ANNE-CHRISTINE MASSULLO
[-] Read LessFinancialPayment: CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Amount: $435; Payment Type: ELECTRONIC; Receipt Number: C5423503F002
[-] Read LessDocketCASE MANAGEMENT CONFERENCE OF MAY-17-2023 CONTINUED TO SEP-20-2023 AT 10:30 AM IN DEPARTMENT 610 FOR STATUS OF STAY. NOTICE SENT BY COURT.
[-] Read LessDocketCASE MANAGEMENT STATEMENT (TRANSACTION ID # 100198802) (TRANSACTION ID # 100198802) FILED BY DEFENDANT URBAN ALCHEMY JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 10.0 DAYS; Fee: $435.00*
[-] Read LessDocketCASE MANAGEMENT STATEMENT (TRANSACTION ID # 210035835) FILED BY PLAINTIFF REYES, OCTAVIO INDIV AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED NICHOLSON, LINTON INDIV AND ON BEHALF OF OTHERS MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 15.0 DAYS
[-] Read LessDocketLAW AND MOTION 302, PLAINTIFFS OCTAVIO REYES, LINTON NICHOLSON'S MOTION TO LIFT STAY. "PLAINTIFFS' MOTION TO LIFT THE STAY ON THIS ACTION" IS DENIED. ORDER IS SIGNED. JUDGE: RICHARD B. ULMER JR., CLERK: M. GOODMAN, NOT REPORTED. (302/RBU)
[-] Read LessDocketMINI MINUTES FOR APR-27-2023 09:30 AM FOR DEPT 302
[-] Read LessDocketORDER DENYING PLAINTIFF'S MOTION TO LIFT STAY.
[-] Read LessHearingMatter(s): Motion And Notice Of Hearing (Motions) Off Calendar Apr-27-2023 Text Ruling MINI MINUTES: Appearances (by Zoom): Margaux Gundzik, Esq., 818 795 5705, Lawyers for Justice, m.gundzik@calljustice.com for Plaintiff. Charles Cavanagh, Esq. 303.454.2144, Messner Reeves LLP for Defendant Urban Alchemy. RULING - A R G U E D. The Court calls Line 7 (594378)and Line 8 (5995421)simultaneously. Ms. Gundzik argues. Mr. Cavanagh responds the final approval hearing is set for July. The Court having reviewed the pleadings and having heard oral argument adopts the tentative ruling on Lines 7 and 8 and rules as follows: PLAINTIFFS OCTAVIO REYES, LINTON NICHOLSON'S Motion to lift stay. "Plaintiffs' motion to lift the stay on this action" is denied. Order is signed. Judge: Richard B. Ulmer Jr., Clerk: M. Goodman, Not Reported. (302\/RBU); Location: CIVIC CENTER COURTHOUSE ROOM 302; Judge Name: RICHARD B. ULMER
[-] Read LessDocketDEMURRER TO COMPLAINT (TRANSACTION ID # 100151575) FILED BY DEFENDANT URBAN ALCHEMY HEARING SET FOR FEB-03-2022 AT 09:30 AM IN DEPT 302; Fee: $1435.00
[-] Read LessDocketNOTICE OF DEMURRER TO CLASS ACTION COMPLAINT FOR DAMAGES (TRANSACTION ID # 100151575) FILED BY DEFENDANT URBAN ALCHEMY
[-] Read LessDocketNOTICE OF CASE MANAGEMENT CONFERENCE (TRANSACTION ID # 200046592) FILED BY PLAINTIFF REYES, OCTAVIO INDIV AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED NICHOLSON, LINTON INDIV AND ON BEHALF OF OTHERS MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED
[-] Read LessDocketCASE MANAGEMENT CONFERENCE OF JAN-12-2022 CONTINUED TO MAR-16-2022 AT 10:30 AM IN DEPARTMENT 610 TO OBTAIN AN ANSWER(S) FROM, OR ENTER DEFAULT(S) AGAINST, DEFENDANT(S). NOTICE SENT BY COURT.
[-] Read LessDocketSUMMONS ON COMPLAINT (TRANSACTION ID # 200045390), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF REYES, OCTAVIO INDIV AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED NICHOLSON, LINTON INDIV AND ON BEHALF OF OTHERS MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED SERVED DEC-07-2021, MAIL AND ACKNOWLEDGEMENT, ACKNOWLEDGMENT DATE NOV-17-2021 AS TO DEFENDANT URBAN ALCHEMY AN UNKNOWN BUSINESS ENTITY
[-] Read LessDocketSUMMONS ISSUED (TRANSACTION ID # 200036204) TO PLAINTIFF REYES, OCTAVIO INDIV AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED NICHOLSON, LINTON INDIV AND ON BEHALF OF OTHERS MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED
[-] Read LessFinancialPayment: CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Amount: $1435; Payment Type: ELECTRONIC; Receipt Number: C5021901F012
[-] Read LessDocketNOTICE TO PLAINTIFF
DocketCIVIL CASE COVERSHEET (TRANSACTION ID # 200036204) FILED BY PLAINTIFF REYES, OCTAVIO INDIV AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED NICHOLSON, LINTON INDIV AND ON BEHALF OF OTHERS MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED
[-] Read LessDocketOTHER NON EXEMPT COMPLAINTS, COMPLAINT (TRANSACTION ID # 200036204) FILED BY PLAINTIFF REYES, OCTAVIO INDIV AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED NICHOLSON, LINTON INDIV AND ON BEHALF OF OTHERS MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED AS TO DEFENDANT URBAN ALCHEMY AN UNKNOWN BUSINESS ENTITY DOES 1 TO 100 NO SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET NOT FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR JAN-12-2022 PROOF OF SERVICE DUE ON OCT-08-2021 CASE MANAGEMENT STATEMENT DUE ON DEC-20-2021 COMPLEX LITIGATION ASSIGNMENT REQUESTED BY FILING PARTIES; FEE INCLUDED IN FILING FEE; Fee: $1435.00
[-] Read LessCase Number: | CGC21594378 | |
Case Title: | OCTAVIO REYES ET AL VS. URBAN ALCHEMY ET AL | |
Court Date: | APR-27-2023 09:30 AM | |
Calendar Matter: | Motion And Notice Of Hearing (Motions) | |
Rulings: | On the Law and Motion Calendar for Thursday, April 27, 2023, line 7. PLAINTIFFS OCTAVIO REYES, LINTON NICHOLSON'S Motion to lift stay. "Plaintiffs' motion to lift the stay on this action" is denied.The court stayed this action under CCP 128(a)(3) to "preserve judicial and party resources and avoid the possibility of inconsistent judgments." The stay is in favor of a first-filed action, CGC-20-588672, that "factually and legally significantly overlaps with this action." The final approval hearing for the settlement of CGC-20-588672 is set for July 13; the reasons for the stay remain. 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.The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address.=(302/RBU) |
Case Number: | CGC21594378 | |
Case Title: | OCTAVIO REYES ET AL VS. URBAN ALCHEMY ET AL | |
Court Date: | APR-13-2022 09:30 AM | |
Calendar Matter: | DEMURRER to COMPLAINT | |
Rulings: | Matter on calendar for Wednesday, April 13, 2022, Line 13DEFENDANT URBAN ALCHEMY'S DEMURRER to COMPLAINT.Defendant's demurrer or motion to abate is granted. The court exercises its inherent powers pursuant to CCP 128(a)(3) to stay this action. This action factually and legally significantly overlaps with the putative class action/PAGA action in case CGC-20-588622 ("Neutall"). A stay will preserve judicial and party resources and avoid the possibility of inconsistent judgments. The Neutall action is in the process of settling. (Supp. Cavanaugh Decl., pars. 1-3.) Therefore, that litigation should be resolved shortly and the stay should be brief. Plaintiff's request for consolidation is not properly before the court.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: | CGC21594378 | |
Case Title: | OCTAVIO REYES ET AL VS. URBAN ALCHEMY ET AL | |
Court Date: | FEB-23-2022 09:30 AM | |
Calendar Matter: | Amended DEMURRER to COMPLAINT | |
Rulings: | Matter on calendar for Wednesday, February 23, 2022, Line 9DEFENDANT URBAN ALCHEMY'S DEMURRER to COMPLAINT.Defendant's demurrer is ordered off calendar for noncompliance with Code Civ. Proc. section 430.41, which requires counsel to meet and confer in person or by telephone before a demurrer is filed. Counsel Charles Cavanagh's declaration fails to specify "the means by which" he met and conferred with counsel for Plaintiffs. All counsel are ordered to comply with Code Civ. Proc. sec. 430.41. Defendant's response to the complaint is now due by March 9, 2022. = (302/SRB) |