This case was last updated from San Mateo County Superior Courts on 06/20/2022 at 03:16:52 (UTC).

DR JOSEPH FULLER VS CHARLES J KATZ ET AL

Case Summary

On 01/15/2013 DR JOSEPH FULLER filed a Contract - Professional Negligence lawsuit against CHARLES J KATZ. 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 Buchwald, Gerald J, Miram, George A, GERALD J. BUCHWALD, GEORGE A. MIRAM, BUCHWALD and MIRAM. The case status is Disposed - Dismissed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****9123

  • Filing Date:

    01/15/2013

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Professional Negligence

  • County, State:

    San Mateo, California

Judge Details

Judges

Buchwald, Gerald J

Miram, George A

GERALD J. BUCHWALD

GEORGE A. MIRAM

BUCHWALD

MIRAM

 

Party Details

Plaintiff

DR. JOSEPH FULLER

Defendants

CHARLES J. KATZ, ESQ.

ELLADENE LEE KATZ,ESQ.

Not Classified By Court

ZIEBA, ANITA

ISSAKOVA, OLGA

Attorney/Law Firm Details

Plaintiff Attorney

BRASSO, RUSSELL F

Defendant Attorneys

JOHNSON, SCOTT L

DRATH, JOHN M

Not Classified By Court Attorney

TSAI, ROCKY C.

 

Court Documents

Declaration.

DECLARATION (2) Comment DECL: DECLARATION OF RUSSELL F BRASSO IN OPPOSITION TO ELLADENE KATZ'S & CHARLES KATZ' MOTION FOR ORDER ETC FILED BY DR. JOSEPH FULLER

Declaration.

DECLARATION (4) Comment DECL: DECLARATION OF CHARLES KATZ ESQ. IN SUPPORT OF MOTION TO ORDER TRANSFERRING VENUE, ETC FILED BY CHARLES J. KATZ, ESQ.

Proof of Service of Complaint/Petition.

PROOF OF SERVICE (3) Comment PSS: PROOF OF SERVICE (SUB-SERVICE) OF SUMMONS AND COMPLAINT OF DR. JOSEPH FULLER AS TO CHARLES J. KATZ ESQ., BY SUB-SERVING EILEEN SANDOVAL, LEGAL SECTY. MAILING DATE OF 08/23/12.

Conversion Action.

SUMMONS Comment S301: FIRST AMENDED SUMMONS ISSUED; 30 DAY

Memorandum of Points & Authorities Filed.

MEMO Comment MPA: MEMORANDUM OF POINTS AND AUTHORITIES FILED BY ELLADENE LEE KATZESQ. IN SUPPORT OF ELLADENE KATZ' MOTION FOR CHANGE OF VENUE, ETC

Order.

ORDER Comment O: ORDER RE: PROTECTIVE ORDER SIGNED BY JUDGE BUCHWALD ON 11/08/13, FILED.

Answer / Response / Denial - Unlimited.

ANSWER Comment ANS: (S) ANSWER TO 1ST AMENDED COMPLAINT OF DR. JOSEPH FULLER FILED BY CHARLES J. KATZ ESQ., REPRESENTED BY SCOTT L JOHNSON

Document.

FILING (7) Comment FILED: JOINDER TO CHARLES KATZ' MOTION FOR ORDER TRANSFERRING VENUE ETC., FILED.

Opposition.

OPPOSITION Comment OPP: OPPOSITION TO KATZ' MOTION FOR ORDER TRANSFERRING VENUE FILED BY DR. JOSEPH FULLER

Request for Dismissal of - WITH prejudice in its entirety.

REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED. Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED.

Order.

ORDER (3) ORDER (4) Comment O2: ORDER SUSTAINING PLTF'S DEMURRER TO ELLADEN KATZ'S ANSWER TO 1ST AMEN COMPLAINT SIGNED BY JUDGE MIRAM ON 11/20/13 FILED.

Order.

ORDER (3) ORDER (4) Comment O2: ORDER SUSTAINING PLTF'S DEMURRER TO ELLADEN KATZ'S ANSWER TO 1ST AMEN COMPLAINT SIGNED BY JUDGE MIRAM ON 11/20/13 FILED.

Order.

ORDER SUSTAINING PLTF'S DEMURRER TO ELLADENE KATZ'S ANSWER TO 1ST AMENDED COMPLAINT SIGNED BY JUDG Comment O2: ORDER SUSTAINING PLTF'S DEMURRER TO ELLADENE KATZ'S ANSWER TO 1ST AMENDED COMPLAINT, SIGNED BY JUDGE MIRAM ON 11/25/13 FILED.

Order.

ORDER RE: PROTECTIVE ORDER SIGNED BY JUDGE BUCHWALD ON 11/08/13, FILED. Comment O: ORDER RE: PROTECTIVE ORDER, SIGNED BY JUDGE BUCHWALD ON 11/08/13, FILED.

Amended Answer.

AMENDED ANSWER TO 1ST AMENDED COMPLAINT OF DR. JOSEPH FULLER FILED BY ELLADENE LEE KATZ ESQ.. Comment AMEA: AMENDED ANSWER TO 1ST AMENDED COMPLAINT OF DR. JOSEPH FULLER FILED BY ELLADENE LEE KATZ, ESQ..

Conversion Action.

REPLY TO IN SUPPORT OF DEMURRER TO DEFT-ELLANDENE KATZZ'S ANSWER TO PLTF'S 1ST AMEND COMPLAINT FILE Comment REP2: REPLY TO IN SUPPORT OF DEMURRER TO DEFT-ELLANDENE KATZZ'S ANSWER TO PLTF'S 1ST AMEND COMPLAINT FILED BY DR. JOSEPH FULLER

Opposition.

OPPOSITION TO DEMURRER TO DEFS ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT FILED BY ELLADENE LEE Comment OPP: OPPOSITION TO DEMURRER TO DEFS ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT FILED BY ELLADENE LEE KATZESQ.

Answer (Unlimited).

(S) ANSWER TO 1ST AMENDED COMPLAINT OF DR. JOSEPH FULLER FILED BY ELLADENE LEE KATZ ESQ., REPRESEN Comment ANS: (S) ANSWER TO 1ST AMENDED COMPLAINT OF DR. JOSEPH FULLER FILED BY ELLADENE LEE KATZ, ESQ., REPRESENTED BY JOHN M DRATH

86 More Documents Available

 

Docket Entries

  • 12/27/2013
  • DispositionDisposition: Judgment; Judgment Type: Dismissal - Other Dismissal; Party; Name; ZIEBA, ANITA; Comment: 0001 COMPLAINT; Party; Name; ISSAKOVA, OLGA; Comment: 0001 COMPLAINT; Party; Name; ELLADENE LEE KATZ,ESQ.; Comment: 0001 COMPLAINT; Party; Name; CHARLES J. KATZ, ESQ.; Comment: 0001 COMPLAINT; Party; Name; DR. JOSEPH FULLER; Comment: 0001 COMPLAINT

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  • 12/27/2013
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  • DocketRequest for Dismissal of - WITH prejudice in its entirety.; Additional Info: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED. Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED.

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  • 12/05/2013
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  • DocketOrder.; Additional Info: ORDER (3) ORDER (4) Comment O2: ORDER SUSTAINING PLTF'S DEMURRER TO ELLADEN KATZ'S ANSWER TO 1ST AMEN COMPLAINT SIGNED BY JUDGE MIRAM ON 11/20/13 FILED.

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  • 12/05/2013
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  • DocketOrder.; Additional Info: ORDER SUSTAINING PLTF'S DEMURRER TO ELLADENE KATZ'S ANSWER TO 1ST AMENDED COMPLAINT SIGNED BY JUDG Comment O2: ORDER SUSTAINING PLTF'S DEMURRER TO ELLADENE KATZ'S ANSWER TO 1ST AMENDED COMPLAINT, SIGNED BY JUDGE MIRAM ON 11/25/13 FILED.

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  • 11/15/2013
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  • DocketOrder.; Additional Info: ORDER RE: PROTECTIVE ORDER SIGNED BY JUDGE BUCHWALD ON 11/08/13, FILED. Comment O: ORDER RE: PROTECTIVE ORDER, SIGNED BY JUDGE BUCHWALD ON 11/08/13, FILED.

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  • 11/05/2013
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  • DocketAmended Answer.; Additional Info: AMENDED ANSWER TO 1ST AMENDED COMPLAINT OF DR. JOSEPH FULLER FILED BY ELLADENE LEE KATZ ESQ.. Comment AMEA: AMENDED ANSWER TO 1ST AMENDED COMPLAINT OF DR. JOSEPH FULLER FILED BY ELLADENE LEE KATZ, ESQ..

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  • 10/15/2013
  • DocketConversion Minute.; Additional Info: Comment MICMS: ENTERED BY REBECCA HUERTA ON 10/15/13.

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  • 10/15/2013
  • DocketConversion Minute.; Additional Info: Comment FOS1: FORMAL ORDER TO BE PREPARED SIGNED AND FILED.

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  • 10/15/2013
  • DocketConversion Minute.; Additional Info: Comment FFT: AFFIRMATIVE DEFENSE.

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  • 10/15/2013
  • DocketConversion Minute.; Additional Info: Comment FFT: DEFENDANT HAS MERELY ALLEGED THE LEGAL CONCLUSIONS WITH NO FACTS TO SUPPORT THE

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116 More Docket Entries
  • 01/15/2013
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  • DocketDeclaration.; Additional Info: DECLARATION OF CHARLES KATZ ESQ. IN SUPPORT OF MOTION TO ORDER TRANSFERRING VENUE, ETC FILED BY CH Comment DECL: DECLARATION OF CHARLES KATZ, ESQ. IN SUPPORT OF MOTION TO ORDER TRANSFERRING VENUE, ETC FILED BY CHARLES J. KATZ, ESQ.

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  • 01/15/2013
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  • DocketMemorandum of Points & Authorities.; Additional Info: MEMORANDUM OF POINTS AND AUTHORITIES FILED BY CHARLES J. KATZ ESQ. IN SUPPORT OF CHARLES KATZ'S MO Comment MPA: MEMORANDUM OF POINTS AND AUTHORITIES FILED BY CHARLES J. KATZ, ESQ. IN SUPPORT OF CHARLES KATZ'S MOTION FOR ORDER TRANSFERRING VENUE, ETC.

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  • 01/15/2013
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  • DocketDocument.; Additional Info: NOTICE OF MOTION & MOTION FOR ORDER TRANSFERRING VENUE ETC FILED BY CHARLES J. KATZ, FILED. Comment FILED: NOTICE OF MOTION & MOTION FOR ORDER TRANSFERRING VENUE, ETC FILED BY CHARLES J. KATZ, FILED.

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  • 01/15/2013
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  • DocketProof of Service of Complaint/Petition.; Additional Info: PROOF OF SERVICE (SUB-SERVICE) OF SUMMONS AND COMPLAINT OF DR. JOSEPH FULLER AS TO ELLADENE LEE KAT Comment PSS: PROOF OF SERVICE (SUB-SERVICE) OF SUMMONS AND COMPLAINT OF DR. JOSEPH FULLER AS TO ELLADENE LEE KATZ ESQ., BY SUB-SERVING JOANIE SAXTON, SECRETARY. MAILING DATE OF 08/23/12.

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  • 01/15/2013
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  • DocketProof of Service of Complaint/Petition.; Additional Info: PROOF OF SERVICE (SUB-SERVICE) OF SUMMONS AND COMPLAINT OF DR. JOSEPH FULLER AS TO CHARLES J. KATZ Comment PSS: PROOF OF SERVICE (SUB-SERVICE) OF SUMMONS AND COMPLAINT OF DR. JOSEPH FULLER AS TO CHARLES J. KATZ, ESQ., BY SUB-SERVING EILEEN SANDOVAL, LEGAL SECTY. MAILING DATE OF 08/23/12.

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  • 01/15/2013
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  • DocketConversion Action.; Additional Info: NOTICE OF ASSIGNMENT ETC & NOTICE OF CASE MANAGEMENT CONFERENCE FROM SENDING COURT. Comment COMMI: NOTICE OF ASSIGNMENT, ETC & NOTICE OF CASE MANAGEMENT CONFERENCE FROM SENDING COURT.

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  • 01/15/2013
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  • DocketSummons Issued / Filed.; Additional Info: 30 DAY SUMMONS ISSUED AND FILED. Comment S30IF: 30 DAY SUMMONS, ISSUED AND FILED.

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  • 01/15/2013
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  • DocketCivil Case Cover Sheet.; Additional Info: CIVIL CASE COVERSHEET RECEIVED Comment CCS: CIVIL CASE COVERSHEET RECEIVED

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  • 01/15/2013
  • DocketConversion Minute.; Additional Info: Comment *FEE: 130115-0749-CK 194/ 435.00 PAYMT

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  • 01/15/2013
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  • DocketComplaint.; Additional Info: (S) COMPLAINT FILED Comment COM: (S) COMPLAINT FILED

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Complaint Information

at exceeds the jurisdictional limits of this Court. The exact amount of his damages will be presented at trial according to proof. WHEREFORE, Dr. Fuller prays for judgement as hereinafter stated.

SECOND CAUSE OF ACTION

(Negligent Failure to File a Timely Appeal Against both Defendants) 24. Dr. Fuller re-alleges Paragraphs l through 23 of this Complaint and incorporates hose Paragraphs by reference as though fully set forth herein. |

25. Inorabout April 2012, Dr. Fuller retained and employed the Katzes to

epresent him in filing and conducting an appeal on his behalf after their representation and legal advice caused all of his claims to be dismissed with prejudice and to be personally sanctioned for filing sham pleadings. At this time, the Katzes agreed to file an appeal on Dr. Fuller’s behalf and to perform all necessary appellate services for Dr. Fuller.

26. But the Katzes failed to exercise reasonable care, skill, and diligence in filing the appeal that they agreed to file because they missed the deadline for filing the Notice of Appeal.

orse, the Katzes never petitioned the appellate court for relief after they failed to file a timely Notice of Appeal. There was no excuse for their failure to timely file Dr. Fuller’s Notice of Appeal because they had at least 60 days to do so. And there was no excuse for failing to netition the court of appeal to excuse their failure to timely file the Notice of Appeal for Dr. Fuller.

27. Dr. Fuller believes that the appeal the Katzes agreed to file and conduct on his behalf was meritorious; and that had the Katzes exercised reasonable care, skill, and diligence in filing and conducting the appeal, the judgment against Dr. Fuller would have been reversed. Upon reversal, the trial court would have been ordered to permit Dr. Fuller to file a Second Amended Complaint and at least one of the remaining defendants would have been ordered to rial.

28. Dr. Fuller realleges § 23 of this Complaint as though fully set forth herein.

OMPLAINT FOR DAMAGES FOR LEGAL MALPRACTICE

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