This case was last updated from San Mateo County Superior Courts on 07/20/2018 at 17:58:48 (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 Miram, George A, Buchwald, Gerald J, Miram, George A. and Buchwald, Gerald J.. 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

  • Court:

    San Mateo County Superior Courts

  • Courthouse:

    Southern Branch Hall Of Justice And Records

  • County, State:

    San Mateo, California

Judge Details

Judges

Miram, George A

Buchwald, Gerald J

Miram, George A.

Buchwald, Gerald J.

 

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

Order.

ORDER (2) 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.

Notice.

NOTICE (2) Comment N2: NOTICE OF DEMURRER AND DEMURRER TO DEFENDANT ELLADENE KATZ'S ANSWER FILED BY DR. JOSEPH FULLER.

Declaration.

DECLARATION (6) Comment DEC: DECLARATION OF RUSSELL F. BRASSO IN SUPPORT OF DR. FULLER'S OPPOSITION TO NON-PARTY WITNESSES' MOTION

Document.

FILING (2) Comment FILED: CERTIFIED COPY OF ORDER FOR CHANGE OF VENUE FILED.

Document.

FILING (4) Comment FILED: REPLY MEMO IN SUPPORT OF ELLADENE KATZ' MOTION FOR CHANGE OF VENUE ETC., FILED.

Declaration.

DECLARATION Comment DECL: DECLARATION OF DR JOSEPH FULLER IN OPPOSITION TO KATZS' MOTION FOR ORDER TRANSFERRING VENUE ETC FILED BY DR. JOSEPH FULLER

Document.

FILING (6) Comment FILED: AMEMDED PROOF OF SERVICE OF MOTION FOR CHANGE OF VENUE FILED.

Civil Case Cover Sheet.

COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

Complaint.

COMPLAINT (2) Comment COM: (S) COMPLAINT 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.

Conversion Action.

FILING (13) 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

Request.

REQUEST (2) Comment REQ: REQUEST FOR JUDICIAL NOTICE RE: PLNTF.'S DEM. TO ELLADENE KATZ'S ANSWER.

Order received.

PROPOSED ORDER Comment POR: PROPOSED ORDER RECEIVED.

Reply Filed.

REPLY Comment REPLY: REPLY TO PLTF'S OPPOSITION TO MOTION FOR ORDER TRANSFERRING FILED.

Request.

REQUEST Comment REQ: REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ELLADENE KATZ' MOTION FOR CHANGE OF VENUE ETC.

Document.

FILING (9) Comment FILED: NOTICE OF MOTION & MOTION FOR CHANGE OF VENUE TO SAN MATEO COUNTY BY DEF ELLADENE LEE KATZ FILED.

Proof of Service of Complaint/Petition.

PROOF OF SERVICE (2) 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.

Conversion Action.

COURT DOCUMENT Comment COMMI: NOTICE OF ASSIGNMENT ETC & NOTICE OF CASE MANAGEMENT CONFERENCE FROM SENDING COURT.

37 More Documents Available

 

Docket Entries

  • 12/27/2013
  • Disposition: Judgment; Judgment Type; Dismissal - Other Dismissal; Party; Name: Comment: 0001 COMPLAINT; Party; Name: Comment: 0001 COMPLAINT; Party; Name: ELLADENE LEE KATZESQ.; 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
  • View Court Documents
  • Request for Dismissal of - WITH prejudice in its entirety. Additional Info: DISMISSAL Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED.

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  • 12/05/2013
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  • Order. 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
  • View Court Documents
  • Order. Additional Info: ORDER (2) 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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  • Order. Additional Info: ORDER 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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  • Amended Answer. Additional Info: ANSWER (3) 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
  • Conversion Minute. Additional Info: Comment MICMS: ENTERED BY REBECCA HUERTA ON 10/15/13.

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

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

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  • 10/15/2013
  • Conversion 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
  • 08/21/2013
  • Financial: CHARLES J. KATZ, ESQ.; Total Financial Assessment $435.00; Total Payments and Credits $435.00

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  • 09/03/2013
  • Financial info for DR. JOSEPH FULLER : Case Payment Receipt # 201309030912 DR. JOSEPH FULLER $30.00

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  • 09/03/2013
  • Financial info for DR. JOSEPH FULLER : Transaction Assessment $30.00

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  • 09/03/2013
  • Financial info for DR. JOSEPH FULLER : Case Payment Receipt # 201309030910 DR. JOSEPH FULLER $60.00

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  • 09/03/2013
  • Financial info for DR. JOSEPH FULLER : Transaction Assessment $60.00

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  • 03/12/2013
  • Financial info for DR. JOSEPH FULLER : Case Payment Receipt # 201303120679 DR. JOSEPH FULLER $150.00

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  • 03/12/2013
  • Financial info for DR. JOSEPH FULLER : Transaction Assessment $150.00

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  • 01/15/2013
  • Financial info for DR. JOSEPH FULLER : Case Payment Receipt # 201301150749 DR. JOSEPH FULLER $435.00

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  • 01/15/2013
  • Financial info for DR. JOSEPH FULLER : Transaction Assessment $435.00

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  • 01/15/2013
  • Financial: DR. JOSEPH FULLER; Total Financial Assessment $675.00; Total Payments and Credits $675.00

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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