This case was last updated from San Mateo County Superior Courts on 08/07/2019 at 15:06:11 (UTC).

NICHOLAS PIERCE vs. GARRY GEORGE LOSK, et al

Case Summary

On 01/26/2018 NICHOLAS PIERCE filed a Personal Injury - Other Personal Injury lawsuit against GARRY GEORGE LOSK. 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 Foiles, Robert D, Grandsaert, John L., Karesh, Jonathan E., Law and Motion, - and Davis, III, Leland. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ********0405

  • Filing Date:

    01/26/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    San Mateo County Superior Courts

  • Courthouse:

    Southern Branch Hall Of Justice And Records

  • County, State:

    San Mateo, California

Judge Details

Judges

Foiles, Robert D

Grandsaert, John L.

Karesh, Jonathan E.

Law and Motion, -

Davis, III, Leland

 

Party Details

Plaintiffs and Cross Defendants

PIERCE, NICHOLAS

NSTYLE PAINTING

Defendants, Cross Defendants and Cross Plaintiffs

LOSK, GARRY GEORGE

TRIEU, STEVE

HISTORIC DEVELOPMENT CORPORATION, A PURPORTED CALIFORNIA CORPORATION

DOES 1-100

M.J. MARTIN BUILDERS, INC.

TRIEU, STEVEN

HISTORIC DEVELOPMENT CORPORATION

ROES 1-50

COYNE STAIR INC

NSTYLE PAINTING

MOES 1-15

EDSON DRYWALL

Attorney/Law Firm Details

Plaintiff Attorney

CHUN, DAVID Y.

Defendant, Cross Defendant and Cross Plaintiff Attorneys

BURKE, JOHN A

ORRICK, SARAH W.

HAPIUK, WILLIAM J.

BONNEY, BRIAN T., ESQ

BREMER, KEITH G

 

Court Documents

Answer (Unlimited).

Answer (Unlimited) Answer TO CROSS-COMPLAINT Comment Answer TO CROSS-COMPLAINT

Proof of Service by MAIL of.

Proof of Service by MAIL of 1. NSTYLE PAINTING'S ANSWER TO CROSS-COMPLAINT OF HISTORIC DEVELOPMENT C Comment 1. NSTYLE PAINTING'S ANSWER TO CROSS-COMPLAINT OF HISTORIC DEVELOPMENT CORPORATION AND GARRY GEORGE LOSK FOR EXPRESS CONTRACTUAL INDEMNITY IMPLIED INDEMNITY, EQUITABLE INDEMNITY, AND BREACH OF CONTRACT 2. NSTYLE PAINTING'S ANSWER TO FIRST AMENDED CROSS-COMPLAINT OF STEVEN TRIEU FOR IMPLIED INDEMNITY AND EQUITABLE INDEMNITY

Case Management Statement.

Case Management Statement

Answer.

Answer TO CROSS-COMPLAINT OF HISTORIC DEVELOPMENT CORPORATION AND GARRY GEORGE LOSK Comment TO CROSS-COMPLAINT OF HISTORIC DEVELOPMENT CORPORATION AND GARRY GEORGE LOSK

Summons Cross-Complaint for Civil Division.

Summons Cross-Complaint for Civil Division

First Amended Cross-Complaint.

First Amended Cross-Complaint

Cross Complaint.

Cross Complaint

Notice of Case Management Conference.

Notice of Case Management Conference

Civil Case Cover Sheet.

Civil Case Cover Sheet

Notice of Change of Address of Attorney.

Notice of Change of Address of Attorney

Memorandum of Points and Authorities in Opposition.

Memorandum of Points and Authorities in Opposition TO PLAINTIFF'S MOTION TO COMPEL (REQUEST TO PRODU Comment TO PLAINTIFF'S MOTION TO COMPEL (REQUEST TO PRODUCE SET ONE) AND FOR MONETARY SANCTIONS

Case Management Statement.

Case Management Statement

Case Management Statement.

Case Management Statement

Case Management Conference.

*CIV Minute Order - Case Management Conference Judicial Officer Foiles Robert D Hearing Time 9:00 AM Result Held Parties Present PlaintiffAttorney: CHUN, DAVID Y.Cross DefendantAttorney: BURKE, JOHN A

Case Management Statement.

Case Management Statement

Case Management Statement.

Case Management Statement

Summons Issued / Filed.

Summons Issued / Filed

Answer (Unlimited).

Answer (Unlimited) Answer TO COMPLAINT Comment Answer TO COMPLAINT

102 More Documents Available

 

Docket Entries

  • 07/17/2019
  • Disposition: Judgment; Judgment Type; Dismissal - With Prejudice; Party; Names: LOSK GARRY GEORGE; HISTORIC DEVELOPMENT CORPORATION; TRIEU, STEVEN; NSTYLE PAINTING; COYNE STAIR INC; MOES 1-15; Comment: AS TO CROSS COMPLAINT FILED BY TRIEU ON 6/7/18.

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  • 07/15/2019
  • Disposition: Judgment; Judgment Type; Dismissal - With Prejudice; Party; Name: TRIEU STEVE; Comment: AS TO STEVE TRIEU, AN INDIVIDUAL ONLY (AS TO COMPLAINT);WITH SAID PARTIES TO BEAR THEIR OWN FEED AND COSTS.

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  • 10/07/2019
  • Jury Trial. Additional Info: Judicial Officer Master Calendar - Hearing Time 9:00 AM Comment JURY TRIAL TIME ESTIMATE 8 DAYS

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  • 09/20/2019
  • Mandatory Settlement Conference. Additional Info: Judicial Officer Grandsaert John L. Hearing Time 1:30 PM

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  • 09/11/2019
  • Motion for Summary Judgment. Additional Info: Judicial Officer Law and Motion - Hearing Time 9:00 AM Comment OF DEFENDANT HISTORIC DEVELOPMENT CORPORATION AND GARRY G. LOSK

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  • 08/12/2019
  • Motion for Summary Judgment. Additional Info: Judicial Officer Davis III, Leland Hearing Time 9:00 AM

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  • 08/05/2019
  • Request to Vacate Hearing Received. Additional Info: Comment MOTION FOR SUMMARY JUDGMENT FOR AUGUST 12 2019

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  • 08/02/2019
  • View Court Documents
  • Declaration. Additional Info: Declaration OF ANNA PATRICE HARRIS ESQ Comment OF ANNA PATRICE HARRIS ESQ

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  • 08/02/2019
  • View Court Documents
  • Memorandum of Points and Authorities in Reply. Additional Info: Memorandum of Points and Authorities in Reply IN OPPOSITION TO PLAINTIFF'S OPPOSITION TO MJ MARTIN B Comment IN OPPOSITION TO PLAINTIFF'S OPPOSITION TO MJ MARTIN BUILDER INC'S MOTION FOR SUMMARY JUDGMENT

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  • 08/02/2019
  • View Court Documents
  • Separate Statement of Undisputed Material Facts. Additional Info: Separate Statement of Undisputed Material Facts

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163 More Docket Entries
  • 02/22/2019
  • Financial info for LOSK, GARRY GEORGE : Case Payment Receipt # 2019-011082-HOJ BURKE, JOHN A $60.00

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  • 02/22/2019
  • Financial info for LOSK, GARRY GEORGE : Transaction Assessment $60.00

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  • 05/10/2018
  • Financial info for LOSK, GARRY GEORGE : Case Payment Receipt # 2018-032204-HOJ OAKLAND SERVICE OF PROCESS, INC. $435.00

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  • 05/10/2018
  • Financial info for LOSK, GARRY GEORGE : Transaction Assessment $435.00

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  • 05/10/2018
  • Financial: LOSK, GARRY GEORGE; Total Financial Assessment $575.00; Total Payments and Credits $575.00

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  • 11/06/2018
  • Financial info for PIERCE, NICHOLAS : Case Payment Receipt # 2018-072547-HOJ LAW OFFICE OF DAVID Y CHUN $90.00

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  • 11/06/2018
  • Financial info for PIERCE, NICHOLAS : Transaction Assessment $90.00

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  • 01/26/2018
  • Financial info for PIERCE, NICHOLAS : Case Payment Receipt # 2018-006785-HOJ CHUN, DAVID Y. $435.00

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  • 01/26/2018
  • Financial info for PIERCE, NICHOLAS : Transaction Assessment $435.00

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  • 01/26/2018
  • Financial: PIERCE, NICHOLAS; Total Financial Assessment $525.00; Total Payments and Credits $525.00

    Read MoreRead Less

Complaint Information

WILLIAM J. HAPIUK, State Bar No. 220574

bill.hapiuk@clydeco.us

SARAH W. ORRICK, State Bar No. 298816 sarah.orrick(@clydeco.us

CLYDE & COUS LLP

101 Second Street, 24" Floor

San Francisco, California 94105

Telephone: (415) 365-9800

Facsimile: (415) 365-9801

| Attorneys for Defendant Steven Trieu

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO

Nicholas Pierce, Plaintiff, V.

Garry George Losk, Historic Development Corporation, Steven Trieu, and DOES 1-100

Defendants.

STEVEN TRIEU, Cross-Complainant, V.

GARRY GEORGE LOSK, HISTORIC

DEVELOPMENT CORPORATION, COYNE

STAIR INC., NSTYLE PAINTING and

MOES 1-15

Cross-Defendants.

HISTORIC DEVELOPMENT

CORPORATION and GARRY GEORGE LOSK,

Cross-Complainant,

DEFENDANT/CROSS-DEFENDANT TRIEU’S ANSWER TO CROSS- COMPLAINT OF HISTORIC DEVELOPMENT CORPORATION AND GARRY GEORGE LOSK

Action Filed.: January 26, 2018 Judge: Hon. Robert D Foiles Dept.: 21

Trial Date: Not set

18— CIV — 00405 | ANSNF

" Answer

| GENERAL DENIAL

Pursuant to Code of Civil Procedure section 431.30, Trieu generally and specifically denies each and every allegation contained in the complaint as against Trieu, and the whole thereof, including each and every purported cause of action therein pleaded against Trieu, and further specifically denies that Cross-Complainants have been injured or damaged in any sum, or at all, and denies that Cross-Complainants are entitled to any relief against Trieu. Trieu asserts the following affirmative defenses without undertaking any burden of proof not otherwise assigned to it by law.

FIRST AFFIRMATIVE DEFENSE

(Failure to State a Cause of Action)

Cross-Complainants’ claims are barred, in whole or in part, because they fail to state a

cause of action against Trieu upon which relief can be granted.

SECOND AFFIRMATIVE DEFENSE

(No Resultant Damages)

Cross-Complainants’ claimed damages were not a result of the actions alleged in the

complaint, therefore barring either partially or totally Cross-Complainants’ claimed damages

therein.

THIRD AFFIRMATIVE DEFENSE

(Negligence/Fault of Others)

The damages sustained by Cross-Complainants, if any, were caused, in whole or in part, by

the negligence or fault of others for which Trieu is not liable or legally responsible.

FOURTH AFFIRMATIVE DEFENSE

(Exercise of Due Care)

At all times material to the allegations contained in the complaint, Trieu exercised due care and acted reasonably.

FIFTH AFFIRMATIVE DEFENSE

(No Substantial Factor)

Trieu is not liable to Cross-Complainants because any negligence on the part of Trieu

(which Trieu denies) was not a substantial factor in causing Cross-Complainants any harm.

SIXTH AFFIRMATIVE DEFENSE

(Acts of Others)

The incident alleged in the Cross-Complaint, and the damages alleged by Cross- Complainants, are the result of the acts, omissions, and conduct of persons or entities other than Trieu.

SEVENTH AFFIRMATIVE DEFENSE

(Intervening/Superseding Causes)

The injuries and damages alleged by Cross-Complainants were caused by intervening and/or superseding causes and not caused by Trieu. Specifically, Trieu is not liable to the extent that (1) the negligent and/or wrongful acts of another occurred after any alleged conduct of Trieu; (2) Trieu did not know and had no reason to expect that such other party would act in a negligent and/or wrongful manner; and/or (3) the kind of harm resuiting from the other party's negligent and/or wrongful acts was different from the kind of harm that could have been reasonably

expected by Trieu.

CLYDE & CO US LLP

101 Second Street, 24" Fioor San Francisco, California 94105

Telephone: (415) 365-9800

O o0 3

FOURTEENTH AFFIRMATIVE DEFENSE

(Comparative Fault)

Any injuries, damages, or loss sustained by Cross-Complainants, if such occurred, were caused and/or contributed to by their own fault or negligence and/or the fault or negligence of others.

FIFTEENTH AFFIRMATIVE DEFENSE

(Proximate/Alternate Causation)

Whatever injury or damage may have been sustained by Cross-Complainants was not

proximately caused by any act or omission on the part of Trieu.

SIXTEENTH AFFIRMATIVE DEFENSE

(Active Fault/Misconduct of Others) Cross-Complainants’ claims are barred as against Trieu because the conduct and action of Trieu was passive while the misconduct and fault of Cross-Complainants was active.

SEVENTEENTH AFFIRMATIVE DEFENSE

(Additional Defenses) Trieu reserves the right to raise such additional defenses as may appear appropriate

following further discovery and factual development of the case.

WHEREFORE, Trieu prays for judgment as follows:

1. That Cross-Complainants’ complaint and each cause of action, including the second and third causes of action, therein be dismissed with prejudice as against Trieu;

2. That Cross-Complainants take nothing from Trieu by his complaint;

3. That Trieu be awarded his costs incurred herein, including attorneys' fees; and

4. That the Court order such other and further relief for Trieu as the Court may deem just

and proper.

and proper. Dated: June 8, 2018 CLYDE & COUS LLP

Dated: June 8, 2018 CLYDE & COUS LLP

1 LN A e By: RS 3 ??,3“ s

William J. Bapiuk Sarah W. Orrick Attorneys for Steven Trieu

PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO

At the time of service, I was over 18 yearsparty to this action. I am employed in the County of San Francisco, State of California. My business address is 101 Second Street, 24th Floor, San Francisco, CA 94105.

On June 8, 2018, I served true copies of the following document(s) described as

DEFENDANT/CROSS-DEFENDANT TRIEU’S ANSWER TO CROSS-COMPLAINT OF

HISTORIC DEVELOPMENT CORPORATION AND GARRY GEORGE LOSK on the interested parties in this action as follows:

SEE ATTACHED SERVICE LIST

BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the ‘persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with the practice of Clyde & Co US LLP for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope was placed in the mail at San Francisco, California.

I declare under penalty of perjury under the laws of the State of California thz# the foregoing is true and correct.

Executed on June 8, 2018, at San Francisco, Califor};:ia.

& '\“x 7|

Andréa M. Duprée

SERVICE LIST

David Y. Chun Attorneys for Plaintiff Nicholas Pierce Law Offices of David Y. Chun

2005 De La Cruz Boulevard, Suite 245

Santa Clara, CA 95050

Dana Corey

Law Offices of Dana R. Corey 1665 Sweetbriar Drive

San Jose, CA 95125

John A. Burke _ Attorney for Garry George Losk and Historic Bishop Barry Development Corporation

6001 Shellmound Street, Suite 875

Emeryville, CA 94608