STEVEN F GREENWALD et al VS. STEVEN A MINISINI et al
Case Summary
Case Details
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Case Number:
*******9156
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Filing Date:
05/07/2014
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Case Status:
Not Classified By Court
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Case Type:
Other
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Courthouse:
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County, State:
San Francisco, California
Judge Details
Judges
CYNTHIA M. LEE
TERI L. JACKSON
MARLA J. MILLER
ERNEST H. GOLDSMITH
RICHARD B. ULMER
RONALD E. QUIDACHAY
JOHN K. STEWART
Party Details
Plaintiffs
ALPERT, ROCHELLE D
GREENWALD, STEVEN F
Defendants, Cross Defendants and Cross Plaintiffs
CHOW, JENNIFER T
DOES 1 TO 60, INCLUSIVE
MINISINI, STEVEN A
TALWALKAR, ABHIJIT Y.
TALWALKAR, AGHIJIT Y. AS TRUSTEE OF THE TALWALKAR LIVING TRUST U/A ,
CARUSO CONSTRUCTION, INC.
ROES 1 THROUGH 20, INCLUSIVE
ROES 1 THROUGH 50, INCLUSIVE
DERRY CASEY CONSTRUCTION, INC.
JOSEPH P. TOBONI DBA THE TOBONI GROUP
Attorney/Law Firm Details
Plaintiff Attorneys
EMBLIDGE, GEORGE SCOTT
Attorney at MOSCONE EMBLIDGE & OTIS LLP
220 Montgomery Street, Suite 2100
San Francisco, CA 94104
METLITZKY, WARREN
Attorney at CONRAD & METLITZKY LLP
Four Embarcadero Center, Suite 1400
San Francisco, CA 94111
Defendant, Cross Defendant and Cross Plaintiff Attorneys
DOOLING, JOHN G
Attorney at ROPERS, MAJESKI, KOHN & BENTLEY
1001 Marshall St, Ste 500
Redwood City, CA 94063
NEVIS, CHRISTOPER J.
Attorney at LEWIS BRISBOIS BISGAARD & SMITH
333 Bush Street, Ste 1100
San Francisco, CA 94104
NEVIS, CHRISTOPHER J.
Attorney at LEWIS BRISBOIS BISGAARD & SMITH LLP
333 Bush Street, Suite 1100
San Francisco, CA 94104
O'BRIEN, JILLISA L.
Attorney at LAW OFFICE OF JILLISA L. O'BRIEN, P.C.
5 Corporate Park, Ste 260
Irvine, CA 92606-5169
DAHLBERG, JOHN NORMAN
Attorney at DILLINGHAM & MURPHY, LLP
601 Montgomery Street, Suite 1900
San Francisco, CA 94111
Court Documents
NOTICE OF TIME AND PLACE OF TRIAL, JURY TRIAL SET FOR JUL-06-2015 AT 09:30 AM IN DEPT. 206. CASE MANAGEMENT CONFERENCE ON NOV-19-2014 IS OFF CALENDAR. NOTICE SENT BY COURT.
ORDER ORDER SUSTAINING DEFENDANTS' DEMURRER TO SECOND AMENDED COMPLAINT AND ORDER DENYING DEFENDANTS' MOTION TO STRIKE (SEE SCANNED ORDER FOR DETAILS)
DECLARATION OF CHRISTOPHER MEZZETTI IN SUPPORT OF OPPOSITION TO MOTIONS TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS (TRANSACTION ID # 56606121) FILED BY DEFENDANT MINISINI, STEVEN A CHOW, JENNIFER T
MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY TO PLTFS' OPPOSITION TO DEMURRER (TRANSACTION ID # 58196455) FILED BY DEFENDANT MINISINI, STEVEN A CHOW, JENNIFER T
ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION FOR ORDER ADVANCING HEARING DATE AND SHORTENING TIME
2ND AMENDED COMPLAINT (TRANSACTION ID # 57922116) FILED BY PLAINTIFF GREENWALD, STEVEN F ALPERT, ROCHELLE D AS TO DEFENDANT MINISINI, STEVEN A CHOW, JENNIFER T DOES 1 TO 60, INCLUSIVE TALWALKAR, ABHIJIT Y. TALWALKAR, AGHIJIT Y. AS TRUSTEE OF THE TALWALKAR LIVING TRUST U/A DTD,
AMENDED PLAINTIFFS SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO FIRST SET OF REQUESTS FOR ADMISSION TO DEFENDANT JENNIFER T. CHOW (TRANSACTION ID # 56603350) FILED BY PLAINTIFF GREENWALD, STEVEN F ALPERT, ROCHELLE D
MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO MOTION FOR PROTECTIVE ORDER & DISCOVERY STAY (TRANSACTION ID # 57886769) FILED BY DEFENDANT MINISINI, STEVEN A CHOW, JENNIFER T
STATEMENT OF NON-OPPOSITION TO DEFENDANTS MOTION TO CONTINUE TRIAL DATE (TRANSACTION ID # 15007060) FILED BY PLAINTIFF GREENWALD, STEVEN F ALPERT, ROCHELLE D
Docket Entries
- 03/13/2018
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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
- 03/07/2018
- View Court Documents
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DocketCRC 3.1385 ORDER TO SHOW CAUSE OF MAR-13-2018 IS OFF CALENDAR. DISMISSAL ON FILE. NOTICE SENT BY COURT.
- 02/21/2018
- View Court Documents
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DocketDISMISSAL WITH PREJUDICE OF 1ST AMENDED CROSS COMPLAINT FILED BY MINISINI, STEVEN A, CHOW, JENNIFER T (TRANSACTION ID # 61712086)
- 01/31/2018
- View Court Documents
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DocketDISMISSAL WITH PREJUDICE OF 2ND AMENDED COMPLAINT (TRANSACTION ID # 61632852)
- 01/23/2018
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HearingMatter(s): CRC 3.1385 ORDER TO SHOW CAUSE Off Calendar Jan-23-2018 Continued To Mar-13-18 At 10:30 A.M. In Dept 610; Location: CIVIC CENTER COURTHOUSE ROOM 610; Judge Name: TERI L. JACKSON
- 01/23/2018
- View Court Documents
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DocketCRC 3.1385 ORDER TO SHOW CAUSE OF JAN-23-2018 CONTINUED TO MAR-13-2018 AT 10:30 AM IN DEPARTMENT 610. NOTICE SENT BY COURT.
- 01/22/2018
- View Court Documents
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DocketDECLARATION OF MEGAN CESARE-EASTMAN IN RESPONSE TO ORDER TO SHOW CAUSE RE DISMISSAL (TRANSACTION ID # 61594169) FILED BY PLAINTIFF GREENWALD, STEVEN F ALPERT, ROCHELLE D
- 09/25/2017
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DocketREMOVED FROM MASTER JURY CALENDAR SET FOR SEP-25-2017 - CASE SETTLED. NO APPEARANCES ON THIS MATTER. NOTICE OF CONDITIONAL SETTLEMENT OF ENTIRE CASE FILED. ASSIGNED TO DEPT. 610 ON JAN-23-2018 AT 10:30 AM FOR DISMISSAL PER CRC 3.1385. JUDGE: TERI L. JACKSON; CLERK: R. VELUZ; MATTER NOT REPORTED. (206)
- 09/25/2017
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HearingMatter(s): MASTER CALENDAR JURY Off Calendar Sep-25-2017 Case Settled - Set For Crc 3.1385 Hrg On Jan-23-18 At 10:30 A.M. In Dept 610; Location: CIVIC CENTER COURTHOUSE ROOM 206; Judge Name: TERI L. JACKSON
- 09/18/2017
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DocketNOTICE OF SETTLEMENT ; AMENDED (TRANSACTION ID # 61131401) (TRANSACTION ID # 61131401) FILED BY DEFENDANT MINISINI, STEVEN A CHOW, JENNIFER T
- 07/29/2014
- View Court Documents
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DocketREPLY TO OPPOSITION TO MOTION TO STRIKE FILED BY DEFENDANT MINISINI, STEVEN A CHOW, JENNIFER T
- 07/23/2014
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DocketOPPOSITION TO DEFT'S MTN TO STRIKE PORTIONS OF PLTF'S COMPLAINT FILED BY PLAINTIFF GREENWALD, STEVEN F ALPERT, ROCHELLE D
- 06/27/2014
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FinancialPayment : COURT REPORTER FEES < 1 HOUR; Amount : $30; Payment Type : CHECK ; Receipt Number : W2014627R022
- 06/27/2014
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DocketCOURT REPORTING SERVICES LESS THAN 1 HOUR FILED BY DEFENDANT MINISINI, STEVEN A CHOW, JENNIFER T (Fee:$30.00)
- 06/27/2014
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DocketREQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE
- 06/27/2014
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FinancialPayment : CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Amount : $900; Payment Type : CHECK ; Receipt Number : W2014627F021
- 06/27/2014
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DocketMOTION TO STRIKE COMPLAINT / NOTICE FILED BY DEFENDANT MINISINI, STEVEN A CHOW, JENNIFER T HEARING SET FOR AUG-05-2014 AT 09:30 AM IN DEPT 302 (Fee:$900.00)
- 05/07/2014
- View Court Documents
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DocketNOTICE TO PLAINTIFF
- 05/07/2014
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FinancialPayment : CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Amount : $450; Payment Type : CHECK ; Receipt Number : W0914507F021
- 05/07/2014
- View Court Documents
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DocketOTHER NON EXEMPT COMPLAINTS, COMPLAINT FILED BY PLAINTIFF GREENWALD, STEVEN F ALPERT, ROCHELLE D AS TO DEFENDANT MINISINI, STEVEN A CHOW, JENNIFER T DOES 1 TO 60, INCLUSIVE SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR OCT-08-2014 PROOF OF SERVICE DUE ON JUL-07-2014 CASE MANAGEMENT STATEMENT DUE ON SEP-15-2014 (Fee:$450.00)
Complaint Information
JOHN G. DOOLING (SBN 154358) CHRISTOPHER R. MEZZETTI (SBN 282287) ARTHUR N. BORTZ (SBN 266124) ROPERS, MAJESKI, KOHN & BENTLEY 1001 Marshall Street, Suite 500
o G s FILE D Facsli)m(i)lré e E 65 O% 780-1701 San Francisco Coun iy Stiparior Saurt B etonher mezzert Bk com JUL 17 201 Attorneys for Defendants BYCLEHKA%Q-ZHE .‘CQUHT’ STEVEN A. MINISINI, JENNIFER T. CHOW G
SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO
STEVEN F. GREENWALD and CASE NO. CGC 14-539156 ROCHELLE D. ALPERT,
[P’ ORDER SHORTENING
Plaintiffs, TIME TO FILE A MOTION FOR LEAVE
TO FILE A CROSS-COMPLAINT
V. | Date: July 17,2015 STEVEN A. MINISINI, JENNIFER T. Time: 11:00 a.m. CHOW, and DOES 1 through 60, Dept: 501 inclusive, Judge: HOH.'Rfl'n'a‘ld-E??fl'idfidfaY TN 7 SPewARY
Defendants, Complaint Filed: May 7, 2014 1® Amended Complaint filed: January 21, 2015
Trial Date: September 28, 2015
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Defendants Steven A. Minisini and Jennifer T. Chow’s Ex Parte Application For An Order Shortening Time To File A Motion For Leave to File a Cross-Complaint.came before the Court for hearing on July 17, 2015. Arthur N. Bortz appeared for Defendants.
The Court having considered the papers submitted in support of, and good cause
appearing;: IT IS HEREBY ORDERED that: 1. Defendants’ Motion for Leave to File a Cross-Complaint shall be heard on
appearing;: IT IS HEREBY ORDERED that: 1. Defendants’ Motion for Leave to File a Cross-Complaint shall be heard on T , 2015, in Department , at a.m
T , 2015, in Department , at a.m
2. Any Opposition to Defendan éin s??(l(la;?ed no later than _ & fe{%j o o foos” €/ /4»%/ Dated: July A?zm L
JUDGE THE SUPERIOR COURT
fron JofN . SrewaRT
Tentative Rulings
| Case Number: | *******9156 | |
| Case Title: | STEVEN F GREENWALD et al VS. STEVEN A MINISINI et al | |
| Court Date: | AUG-25-2017 09:30 AM | |
| Calendar Matter: | MOTION FOR SUMMARY ADJUDICATION | |
| Rulings: | Real Property/Housing Court Law and Motion Calendar for Friday, August 25, 2017, line 1. PLAINTIFFS STEVEN GREENWALD, ROCHELLE ALPERT'S MOTION FOR SUMMARY ADJUDICATION. DENIED. Moving party failed to comply with CRC 3.1350(b). Additionally there are triable issues of fact regarding existence of equitable easement and facts listed in Defendant's Separate Statement of Additional Facts. (See Plaintiff's Response to Defendant's Separate Statement). =(501/REQ) |
| Case Number: | *******9156 | |
| Case Title: | STEVEN F GREENWALD et al VS. STEVEN A MINISINI et al | |
| Court Date: | DEC-28-2015 09:30 AM | |
| Calendar Matter: | DEMURRER TO 2ND AMENDED COMPLAINT | |
| Rulings: | Real Property/Housing Motion Calendar for Monday, December 28, 2015, Line 1 ( Part 1 of 2).DEFENDANT STEVEN MINISINI, JENNIFER CHOW DEMURRER TO 2ND AMENDED COMPLAINTHearing Required.=(501/RAW) |
| Case Number: | *******9156 | |
| Case Title: | STEVEN F GREENWALD et al VS. STEVEN A MINISINI et al | |
| Court Date: | DEC-01-2015 09:30 AM | |
| Calendar Matter: | DEMURRER TO 2ND AMENDED COMPLAINT | |
| Rulings: | Real Property/Housing Court Law and Motion Calendar for Tuesday, December 01, 2015, line 4.DEFENDANTS STEVEN MINISINI AND JENNIFER CHOW'S DEMURRER TO 2ND AMENDED COMPLAINTcontinued to December 28, 2015 on Court's own motion. = (501/REQ) |
| Case Number: | *******9156 | |
| Case Title: | STEVEN F GREENWALD et al VS. STEVEN A MINISINI et al | |
| Court Date: | OCT-07-2015 09:30 AM | |
| Calendar Matter: | Notice Of Plaintiffs Motion And Motion For Leave To Amend Complaint And To Join Neccesary Parties | |
| Rulings: | Real Property/Housing Court Law & Motion Calendar for Wednesday, October 7, 2015, line 4. PLAINTIFFs STEVEN GREENWALD and ROCHELLE ALPERT's Motion For Leave To Amend Complaint And To Join Neccesary PartiesOFF CALENDAR, heard on September 24, 2015. = (501/REQ) |
| Case Number: | *******9156 | |
| Case Title: | STEVEN F GREENWALD et al VS. STEVEN A MINISINI et al | |
| Court Date: | SEP-24-2015 09:30 AM | |
| Calendar Matter: | Plaintiffs? Notice Of Motion And Motion For Protective Order And Discovery Stay | |
| Rulings: | Real Property/Housing Court Law and Motion Calendar for Thursday September 24, 2015, line 2.Plaintiff's Motion for Protective Order Moot in light of the ruling on the motion for leave to file an amended complaint. = (501/REQ) |
| Case Number: | *******9156 | |
| Case Title: | STEVEN F GREENWALD et al VS. STEVEN A MINISINI et al | |
| Court Date: | SEP-23-2015 09:00 AM | |
| Calendar Matter: | Defendant'S Motion To Compel Verifications To Written Discovery And For Sanctions | |
| Rulings: | The matter is on calendar for Wednesday, September 23, 2015, Line 2, Defendant's Motion To Compel Verifications To Written Discovery And For Sanctions.Pro Tem Judge David Mangini, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all parties to the motion sign the stipulation, the Pro Tem Judge will hold a hearing on the motion and, based on the papers submitted by the parties and the hearing, issue a report in the nature of a recommendation to the Dept. 302 Judge, who will then decide the motion. If a party does not appear at the hearing, the party will be deemed to have stipulated that the motion will be decided by the Pro Tem Judge with the same authority as a Superior Court Judge. The Pro Tem Judge has issued the following tentative ruling: Defendants Steven A. Minisini and Jennifer T. Chow's motion to compel verifications to written discovery from plaintiffs Stephen F. Greenwald and Rochelle D. Alpert is MOOT as a result of defendant's serving the requested verifications during the pendency of the immediate motion.Sanctions against plaintiff Greenwald his counsel are imposed in the amount of $450. Separate sanctions in the amount of $450 are imposed against plaintiff Alpert and her counsel. The fact that defendants belatedly cured their failures to verify discovery responses does not protect them from sanctions exposure as plaintiffs were forced to pursue the immediate motion to secure verifications.Any party who contests a tentative ruling must send an email to manginilaw@gmail.com 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. If the tentative ruling is not contested, the parties are deemed to have stipulated to the Pro Tem hearing the motion and the Pro Tem will sign an order confirming the tentative ruling. The prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing even if the motion is not opposed or the tentative ruling is not contested. =(302/JPT) |
| Case Number: | *******9156 | |
| Case Title: | STEVEN F GREENWALD et al VS. STEVEN A MINISINI et al | |
| Court Date: | SEP-11-2015 09:30 AM | |
| Calendar Matter: | Notice Of Motion To Compel Verifications To Written Discovery And For Sanctions | |
| Rulings: | Real Property/Housing Court Law and Motion Calendar for Friday September 11, 2015, line 1.Defendant's Motion to Compel Verifications Continued to September 23, 2015 to be heard in Department 301 at 9:00 a.m. = (501/REQ) |
| Case Number: | *******9156 | |
| Case Title: | STEVEN F GREENWALD et al VS. STEVEN A MINISINI et al | |
| Court Date: | AUG-26-2015 09:30 AM | |
| Calendar Matter: | MOTION FOR SUMMARY ADJUDICATION | |
| Rulings: | Real Property/Housing Court Law and Motion Calendar for Wednesday, August 26, 2015 line 4.PLAINTIFFS STEVEN GREENWALD and ROCHELLE ALPERT's MOTION FOR SUMMARY ADJUDICATION DENIED. As to the first cause of action for quiet title, Plaintiffs failed to shift the burden and show that they are entitled to the judgment for quiet title as a matter of law. Plaintiffs fail to show any adverse ownership or possessory claims by Defendants. This issue has been previously ruled upon by this Court re: Judgment on the Pleadings. The "indemnity clause" relied upon by the Plaintiffs for the proposition that Defendants make an adverse claim, does not give rise to such claim. As to the second cause of action for declaratory relief, Plaintiffs fail to shift the burden and show that they are entitled to judgment for declaratory relief as a matter of law. Plaintiffs fail to identify a present actual controversy, fail to join a party whose presence is required to grant complete relief, and seek declaratory relief as to the rights already addressed in other causes of action (e.g. 5th cause of action for removal of encroaching structures and request for relief "defendants are obligated to remove all fixtures, appurtenances and construction they caused to be added to or changed on any part of 56 Presidiou00BF" (Motion 13:18-24)). = (501/REQ) |
| Case Number: | *******9156 | |
| Case Title: | STEVEN F GREENWALD et al VS. STEVEN A MINISINI et al | |
| Court Date: | AUG-07-2015 09:30 AM | |
| Calendar Matter: | MOTION FOR LEAVE TO File Cross-Complaint | |
| Rulings: | Real Property/Housing Court Law and Motion Calendar for Friday, August 7, 2015, line 4.Defendant's Motion for Leave to File Cross-ComplaintDENIED. = (501/REQ) |
| Case Number: | *******9156 | |
| Case Title: | STEVEN F GREENWALD et al VS. STEVEN A MINISINI et al | |
| Court Date: | FEB-05-2015 09:00 AM | |
| Calendar Matter: | Plaintiffs Steven Greenwald And Rochelle Alperts' Motion To Compel Further Responses To First Set Of Requests For Admissions And Form Interrogatories | |
| Rulings: | Set for hearing on Thursday, February 5, 2015, Line 4 - Plaintiffs Steven Greenwald And Rochelle Alperts' Motion To Compel Further Responses To First Set Of Requests For Admissions And Form Interrogatories.The motion is continued to February 18, 2015. The Judge Pro Tem recuses himself from this case. Any party who contests a tentative ruling must send an email to skmediate@gmail.com 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. =(D302/JPT) |
| Case Number: | *******9156 | |
| Case Title: | STEVEN F GREENWALD et al VS. STEVEN A MINISINI et al | |
| Court Date: | JAN-15-2015 09:30 AM | |
| Calendar Matter: | Notice Of Motion And Motion To Quash Subpoena Directed To Pacific Union International, Inc | |
| Rulings: | Real Property/Housing Court Law and Motion Calendar for Thursday, January 15, 2015, line 3.DEFENDANTs STEVEN MINISINI and JENNIFER CHOW's Motion To Quash Subpoena Directed To Pacific Union International, Inc.Transferred to Department 301 to be heard on January 28, 2015 at 9:00 a.m. Moving party is ordered to provide a courtesy copy of reply to Department 301 no later than January 15, 2015 with a cover letter reflecting new hearing date. = (501/REQ) |
| Case Number: | *******9156 | |
| Case Title: | STEVEN F GREENWALD et al VS. STEVEN A MINISINI et al | |
| Court Date: | DEC-15-2014 09:30 AM | |
| Calendar Matter: | Notice Of Motion And Motion For Judgment On The Pleadings | |
| Rulings: | Real Property/Housing Court Law and Motion Calendar for Monday, December 15, 2014, line 3.DEFENDANTs STEVEN MINISINI and JENNIFER CHOW's Motion For Judgment On The PleadingsGRANTED in part and DENIED in part. Motion is granted as to the causes of action for quiet title and injunctive relief with leave to amend to allege adverse interest in the portions of 56 Presidio and present controversy regarding 56 Presidio in light of the sale of 68 Presidio. Motion is DENIED as to the cause of action for removal of the encroachment structures. Moving party cites no authority for the proposition that removal can only be ordered as to the current owner of the adjacent property. Request for Injunctive relief is property under the facts alleged. Christensen v. Tucker (1953) 114 Cal.App.2d 554. = (501/RBU) |
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