*******2167
10/10/2014
Not Classified By Court
Labor - Wrongful Termination
San Francisco, California
SOBCZAK, STEFAN
DOES 1 TO 200, INCLUSIVE
SAKS & COMPANY
SARRO, FRANK PAUL
Attorney at FRANK P. SARRO
2121 North California Blvd, Suite 290
Walnut Creek, CA 94596
BEA, RENEE
Attorney at COLT SINGER BEA LLP
601 Montgomery Street, Ste 1950
San Francisco, CA 94111
COLT, DOUG
Attorney at COLT SINGER BEA LLP
255 Shoreline Drive, Ste 540
Redwood Shores, CA 94065
EXHIBITS A THROUGH H TO THE DECLARATION OF WALTER C PFEFFER IN OPPOSITION TO MOTION TO FILE FIRST AMENDED COMPLAINT (TRANSACTION ID # 57527897) FILED BY DEFENDANT SAKS & COMPANY
CASE DISMISSED BY COURT AT ORDER TO SHOW CAUSE HEARING NOV-03-2015 AT 10:30 AM PURSUANT TO CRC 3.1385. NOTICE SENT BY COURT.
STIPULATED PROTECTIVE ORDER
CASE MANAGEMENT STATEMENT (TRANSACTION ID # 56785313) FILED BY DEFENDANT SAKS & COMPANY JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 4.0 DAYS
DECLARATION OF WALTER C PFEFFER IN OPPOSITION TO MOTION TO FILE FIRST AMENDED COMPLAINT (TRANSACTION ID # 57527897) FILED BY DEFENDANT SAKS & COMPANY
EXHIBITS I THROUGH R TO THE DECLARATION OF WALTER C PFEFFER IN OPPOSITION TO MOTION TO FILE FIRST AMENDED COMPLAINT (TRANSACTION ID # 57527897) FILED BY DEFENDANT SAKS & COMPANY
NOTICE OF TIME AND PLACE OF TRIAL, JURY TRIAL SET FOR SEP-21-2015 AT 9:30 AM IN DEPT. 206. CASE MANAGEMENT CONFERENCE ON MAR-11-2015 IS OFF CALENDAR. NOTICE SENT BY COURT.
PROOF OF SERVICE OF NOTICE OFASSOCIATION OF COUNSEL (TRANSACTION ID # 57571795) FILED BY DEFENDANT SAKS & COMPANY
ANSWER TO COMPLAINT (TRANSACTION ID # 56436057) FILED BY DEFENDANT SAKS & COMPANY (Fee:450.00)
DocketCASE DISMISSED BY COURT AT ORDER TO SHOW CAUSE HEARING NOV-03-2015 AT 10:30 AM PURSUANT TO CRC 3.1385. NOTICE SENT BY COURT.
[-] Read LessDocketMINI MINUTES FOR NOV-03-2015 10:30 AM FOR DEPT 610
[-] Read LessDocketMANDATORY SETTLEMENT CONFERENCE CALENDAR SET FOR AUG-21-2015 HELD AND SETTLED. ASSIGNED TO DEPT. 610 ON NOV-03-2015 AT 10:30 AM FOR DISMISSAL PER CRC 3.1385. (8.0)
[-] Read LessDocketREMOVED FROM MASTER JURY CALENDAR SET FOR SEP-21-2015 - CASE SETTLED AT THE AUG-21-2015 MANDATORY SETTLEMENT CONFERENCE.
[-] Read LessDocketPROOF OF ELECTRONIC SERVICE (TRANSACTION ID # 57611942) FILED BY DEFENDANT SAKS & COMPANY
[-] Read LessDocketNOTICE OF ENTRY OF ORDER (TRANSACTION ID # 57611942) FILED BY DEFENDANT SAKS & COMPANY
[-] Read LessDocketNOTICE OF SETTLEMENT CONFERENCE; SETTLEMENT CONFERENCE SET FOR AUG-21-2015 AT 1:00 PM IN DEPT. 210 WITH CONFERENCE OFFICER RONALD BUSHNER.
[-] Read LessDocketLAW AND MOTION 302, PLAINTIFF STEFAN SOBCZAK'S MOTION TO FILE FIRST AMENDED COMPLAINT IS DENIED. PLAINTIFF DOES NOT PROVIDE A PLAUSIBLE EXPLANATION ABOUT WHY LEAVE TO AMEND WAS NOT SOUGHT EARLIER. PLAINTIFF'S CONTENTION THAT HE DID NOT LEARN ABOUT THE FACTS GIVING RISE TO THE PROPOSED CAUSES OF ACTION UNTIL HIS OWN DEPOSITION MAKES LITTLE SENSE. ADDITIONALLY, DEFENDANT SUBMITS EVIDENCE ESTABLISHING THAT, AT THE VERY LEAST, PLAINTIFF WAS AWARE OF THE FACTS IN DECEMBER 2014. (DECLARATION OF WALTER C. PFEFFER, EXS. Q-R.) DEFENDANT HAS ESTABLISHED THAT IT WILL BE UNDULY PREJUDICED BY THE DELAY, GIVEN THAT DISCOVERY HAS BEEN COMPLETED AND TRIAL IS SET TO COMMENCE IN APPROXIMATELY TWO MONTHS. FURTHER, PLAINTIFF'S MOTION DOES NOT COMPLY WITH THE RULES OF COURT. CRC 3.1324 SPECIFIES WHAT MUST BE INCLUDED IN A DECLARATION FILED IN SUPPORT OF A MOTION FOR LEAVE TO AMEND. THE DECLARATION OF FRANK P. SARRO DOES NOT ADEQUATELY ADDRESS ANY OF THE REQUIREMENTS SET FORTH IN CRC 3.1324. JUDGE SUZANNE R. BOLANOS; CLERK FELICIA GREEN; DEPT. 302. (302/SRB)
[-] Read LessDocketORDER DENYING PLAINTIFF'S MOTION TO FILE FIRST AMENDED COMPLAINT
[-] Read LessDocketMINI MINUTES FOR JUL-22-2015 09:30 AM FOR DEPT 302
[-] Read LessDocketPROOF OF SERVICE OF DEFENDANTS CASE MANAGEMENT STATEMENT (TRANSACTION ID # 56785313) FILED BY DEFENDANT SAKS & COMPANY
[-] Read LessDocketCASE MANAGEMENT STATEMENT (TRANSACTION ID # 56785313) FILED BY DEFENDANT SAKS & COMPANY JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 4.0 DAYS
[-] Read LessDocketJURY FEES DEPOSITED BY PLAINTIFF SOBCZAK, STEFAN (Fee:150.00)
[-] Read LessDocketSTIPULATED PROTECTIVE ORDER
[-] Read LessDocketFEE PAID ON PROPOSED STIPULATED PROTECTIVE ORDER (TRANSACTION ID # 56650631) FILED BY DEFENDANT SAKS & COMPANY (Fee:20.00)
[-] Read LessDocketPROOF OF SERVICE (TRANSACTION ID # 56436057) FILED BY DEFENDANT SAKS & COMPANY
[-] Read LessDocketANSWER TO COMPLAINT (TRANSACTION ID # 56436057) FILED BY DEFENDANT SAKS & COMPANY (Fee:450.00)
[-] Read LessDocketSUMMONS ON COMPLAINT, PROOF OF SERVICE ONLY, FILED BY PLAINTIFF SOBCZAK, STEFAN SERVED NOV-06-2014, SUBSTITUTE SERVICE ON CORPORATION ON DEFENDANT SAKS & COMPANY
[-] Read LessDocketNOTICE TO PLAINTIFF
[-] Read LessDocketWRONGFUL DISCHARGE, COMPLAINT FILED BY PLAINTIFF SOBCZAK, STEFAN AS TO DEFENDANT SAKS & COMPANY DOES 1 TO 200, INCLUSIVE SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR MAR-11-2015 PROOF OF SERVICE DUE ON DEC-09-2014 CASE MANAGEMENT STATEMENT DUE ON FEB-17-2015 (Fee:450.00)
[-] Read LessCase Number: | *******2167 | |
Case Title: | STEFAN SOBCZAK VS. SAKS & COMPANY ET AL | |
Court Date: | JUL-22-2015 09:30 AM | |
Calendar Matter: | Notice Of Motion And Motion To File First Amended Complaint | |
Rulings: | Set for hearing on Wednesday, July 22, 2015, Line 10, PLAINTIFF STEFAN SOBCZAK'S Motion To File First Amended Complaint.Denied. Plaintiff does not provide a plausible explanation about why leave to amend was not sought earlier. Plaintiff's contention that he did not learn about the facts giving rise to the proposed causes of action until his own deposition makes little sense. Additionally, Defendant submits evidence establishing that, at the very least, Plaintiff was aware of the facts in December 2014. (Declaration of Walter C. Pfeffer, Exs. Q-R.) Defendant has established that it will be unduly prejudiced by the delay, given that discovery has been completed and trial is set to commence in approximately two months. Further, Plaintiff's motion does not comply with the Rules of Court. CRC 3.1324 specifies what must be included in a declaration filed in support of a motion for leave to amend. The Declaration of Frank P. Sarro does not adequately address any of the requirements set forth in CRC 3.1324. 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) |
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