On 01/03/2013 CHARLES FORD filed a Contract - Debt Collection lawsuit against MOHAMMED YUSUF. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. The Judges overseeing this case are Dylina, Steven L, Novak, Lisa A, Dylina, Steven L. and Novak, Lisa A.. The case status is Disposed - Dismissed.
*****8843
01/03/2013
Disposed - Dismissed
San Mateo County Superior Courts
Southern Branch Hall Of Justice And Records
San Mateo, California
Dylina, Steven L
Novak, Lisa A
Dylina, Steven L.
Novak, Lisa A.
CHARLES FORD
FORD, CHARLES
MOHAMED YUSUF
YUSUF, MOHAMED
LARSEN, BRIAN L.
SMITH, CARY S
DISMISSAL (8) Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED.
NOTICE (16) Comment N: NOTICE OF CHANGE OF HANDLING ATTORNEY FILED BY MOHAMED YUSUF.
ARBITRATION (2) Comment ACOA: APPOINTMENT AND CONSENT OF ARBITRATOR FILED ON 12/12/14. ARBITRATOR: KEVIN G. KELLY. ARBITRATION HEARING DATE: 02/11/15.
REQUEST (2) Comment REQ: REQUEST FOR JURY TRIAL FILED BY ATTY FOR DEFT-MOHAMMED YUSUF.
FILING (3) Comment AIMJT1: AT-ISSUE MEMORANDUM REQUESTING JURY TRIAL FILED BY CHARLES FORD. TIME ESTIMATE: 2 DAY(S)
STIPULATION Comment SO2: STIPULATION AND ORDER FOR PLAINTIFF TO ATTEND AND GIVE TESTIMONY SIGNED BY LISA A. NOVAK ON 04/23/14.
ANSWER Comment ANS4: (L) ANSWER TO COMPLAINT OF FORD FILED BY MOHAMED YUSUF REPRESENTED BY CARY S SMITH - PRAYER AMOUNT OVER $10,000.00
PROOF OF SERVICE Comment PSS: PROOF OF SERVICE (SUB-SERVICE) OF SUMMONS AND COMPLAINT OF FORD AS TO MOHAMED YUSUF BY SUB-SERVING ELSIE MOHAMMED - SPOUSE. MAILING DATE OF 08/16/13.
NOTICE Comment NUA: NOTICE OF UNAVAILABILITY OF COUNSEL BRIAN L. LARSEN FROM FROM APRIL 1 2013 TO JULY 1, 2013.
HEARING NOTICE Comment JURY TRIAL. TIME ESTIMATE: 5 DAYS 00:00 HOURS.
NOTICE (8) Comment PNTWO: PRINT COMBINED MANDATORY SETTLEMENT CONFERENCE AND JURY TRIAL OR COURT TRIAL NOTICE
REQUEST (3) Comment RTDN: REQUEST FOR TRIAL DE NOVO AFTER ARBITRATION FILED BY CHARLES FORD. CASE RETURNED TO CIVIL ACTIVE LIST
ARBITRATION Comment NFAA: NOTICE OF FILING OF ARBITRATOR AWARD FILED.
STIPULATION (2) Comment PCAH: PARTIES STIPULATE TO CONTINUE ARBITRATION HEARING FROM 02/11/15 TO 03/03/15.
NOTICE (6) Comment NAA: NOTICE OF ASSIGNMENT OF ARBITRATOR FILED
NOTICE (3) Comment NRA: NOTICE OF REJECTION OF ARBITRATOR FRANK J. PAGLIARO FILED BY CHARLES FORD
FILING (5) Comment CAIMJ: COUNTER AT-ISSUE MEMORANDUM REQUESTING JURY TRIAL FILED BY MOHAMED YUSUF. TIME ESTIMATE: 4 DAYS
COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED
Disposition: Judgment; Judgment Type; Dismissal - Other Dismissal; Party; Name: YUSUF MOHAMED; Comment: 0001 COMPLAINT; Party; Name: FORD, CHARLES; Comment: 0001 COMPLAINT.
Conversion Hearing. Additional Info: Comment OSC RE: DISMISSAL AFTER SETTLEMENT AT THE MANDATORY SETTLEMENT CONFERENCE
Order to Show Cause Re: Dismissal. Additional Info: Hearing Time 9:00 AM Cancel Reason Vacated Comment Dept: 21 OSC RE: DISMISSAL AFTER SETTLEMENT AT THE MANDATORY SETTLEMENT CONFERENCE
Request for Dismissal of - WITH prejudice in its entirety. Additional Info: DISMISSAL (8) Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED.
Conversion Minute. Additional Info: Comment HV: HEARING VACATED. REASON: MATTER SETTLED AT THE MANDATORY SETTLEMENT CONFERENCE ON 06-08-15
Conversion Minute. Additional Info: Comment PNJT: PRINT NOTICES FOR JURY TRIAL
Conversion Hearing. Additional Info: HEARING NOTICE Comment JURY TRIAL. TIME ESTIMATE: 5 DAYS 00:00 HOURS.
Conversion Minute. Additional Info: Comment HV: HEARING VACATED. REASON: TRIAL SHOULD HAVE BEEN SET AS A JURY TRIAL - FEES WERE PAID ON 9-04-13
Conversion Hearing. Additional Info: Comment COURT TRIAL (LONG CAUSE). TIME ESTIMATE: 5 DAYS 00:00 HOURS.
Jury Trial. Additional Info: Hearing Time 9:00 AM Cancel Reason Vacated Comment Dept: PJ JURY TRIAL. TIME ESTIMATE: 5 DAYS 00:00 HOURS.
Financial info for YUSUF, MOHAMED : Case Payment Receipt # 201403210556 YUSUF, MOHAMED $90.00
Financial info for YUSUF, MOHAMED : Transaction Assessment $90.00
Financial info for YUSUF, MOHAMED : Case Payment Receipt # 201309040520 YUSUF, MOHAMED $150.00
Financial info for YUSUF, MOHAMED : Transaction Assessment $150.00
Financial info for YUSUF, MOHAMED : Case Payment Receipt # 201309040516 YUSUF, MOHAMED $370.00
Financial info for YUSUF, MOHAMED : Transaction Assessment $370.00
Financial: YUSUF, MOHAMED; Total Financial Assessment $630.00; Total Payments and Credits $630.00
Financial info for FORD, CHARLES : Case Payment Receipt # 201301030305 FORD, CHARLES $370.00
Financial info for FORD, CHARLES : Transaction Assessment $370.00
Financial: FORD, CHARLES; Total Financial Assessment $370.00; Total Payments and Credits $370.00
ary S. Smith STATE BAR NO. 127854
CARBONE, SMOKE, SMITH,
1735 TECHNOLOGY DRIVE, SUITE 500 SAN JOSE, CA 95110
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
Charles Ford, Case No. CLJ518843 Plaintiff, ANSWER TO COMPLAINT V. Mohammed Yusuf and Does 1- 10, Defendants.
COMES NOW defendant Mohammed Yusuf and answers the complaint on file herein as follows:
1. Under the provisions of Section 431.30 of the Code of Civil Procedure of the State of California, this answering defendant generally denies each and every allegation of the complaint, and the whole thereof, and further denies that plaintiff has been or is now or will be damaged to the extent alleged or to any other extent.
AS AND FOR FURTHER, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSES, ANSWERING DEFENDANT AVERS:
2. The incident or incidents complained of by plaintiff herein were caused, in whole
or in part, by the negligence of the plaintiff. Any recovery by plaintiff in this case must be
reduced by that percentage of the plaintiff's negligence which contributed to the incident or
reduced by that percentage of the plaintiff's negligence which contributed to the incident or incidents.
incidents.
3. Plaintiff failed to use reasonable care to mitigate, in whole or in part, the damages alleged in the complaint.
4. Damages complained of by plaintiff herein were caused, in whole or in part, by acts and omissions of persons other than this answering defendant, which other personsnamed as defendants in this action. This answering defendant should only be required to pay that portion of the plaintiff's damages attributable to this answering defendant pursuant to Civil Code sections 1431.2 and/or 1432.
5. The complaint and/or causes of action therein fail to state facts sufficient to constitute a cause of action against this answering defendant. WHEREFORE, defendant prays: 1. That plaintiff takes nothing; 2. For costs of suit herein; and 3. For such other and further relief as the Court deems just and proper. DATED: 8/39 /\3 CARBONE, SMOKE, SMITH, BENT & LEONARD
Cary S. Smiifi
Attorneys for Defendant Mohammed Yusuf