Garedakis v. Brentwood Union School District

Northern District of California, cand-4:2014-cv-04799

STIPULATION AND ORDER VACATING AND EXTINGUISHING ABSTRACT OF JUDGMENT. Signed by Judge Phyllis J. Hamilton on 10/3/19. ***REDACTED VERSION***

Interested in this case?

Current View

Full Text

2 1 LOUIS A. LEONE, ESQ. (SBN: 099874) CLAUDIA LEED, ESQ. (SBN: 122676) 2 SETH L. GORDON, ESQ. (SBN: 262653) 3 LEONE & ALBERTS A Professional Corporation 4 2175 North California Blvd., Suite 900 5 Walnut Creek, CA 94596 6 Telephone: (925) 974-8600 Facsimile: (925) 974-8601 7 Email: leone@leonealberts.com 8 cleed@leonealberts.com sgordon@leonealberts.com 9 10 Attorneys for Defendants BRENTWOOD UNION SCHOOL DISTRICT, LAURI JAMES, BRIAN JONES, 11 JEAN ANTHONY, MARGO OLSON, MARGARET KRUSE, and MERRILL 12 GRANT 13 MARK E. DAVIS, ESQ. (SBN: 079936) 14 ERIC J. BENGTSON, ESQ. (SBN: 254167) DAVIS & YOUNG, APLC 15 1960 The Alameda, Suite 210 San Jose, CA 95126 16 Telephone: (408) 244-2166 Facsimile: (408) 244-7815 17 E-mail: mdavis@davisyounglaw.com 18 ebengtson@davisyounglaw.com 19 Attorneys for Defendant, DINA HOLDER 20 TODD BOLEY, ESQ. (SBN: 068119) LAW OFFICE OF TODD BOLEY 21 2381 Mariner Square Drive, Suite 280 22 Alameda, CA 94501 Telephone: (510) 836-4500 23 Facsimile: (510) 649-5170 24 E-Mail: boley@boleylaw.com 25 PETER W. ALFERT, ESQ. (SBN: 083139) 26 IAN A. HANSEN, ESQ. (SBN: 255449) 27 LAW OFFICES OF PETER ALFERT 909 Marina Village Parkway, #199 28 Alameda, CA 94501 STIP AND ORDER VACATING/EXTINGUISHING ABSTRACT OF JUDGMENT Case NO. 4:14-cv-04799- PJH 4837-0843-5105 v.1. docx1 2 1 Telephone: (925) 279-3009 Facsimile: (925) 279-3342 2 E-Mail: peter@alfertlaw.com 3 Attorneys for PLAINTIFFS 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MICHAEL GAREDAKIS, TAMARA Case No.: 4:14-cv-04799-PJH GAREDAKIS, and M.G., a minor by and 8 through his guardian ad litem MICHAEL 9 GAREDAKIS, YOLANDA JACKSON, and A.G., a minor by and through her guardian ad 10 litem YOLANDA JACKSON, LAWRENCE 11 GULLO, DANIELLE GULLO, and B.G., a 12 minor by and through his guardian ad litem STIPULATION AND [PROPOSED] DANIELLE GULLO, KATHRYN ORDER VACATING AND 13 MAGUIRE, and M.R., a minor by and EXTINGUISHING ABSTRACT OF 14 through his guardian ad litem KATHRYN JUDGMENT MAGUIRE, VIVIANA ROSE, and B.R., a 15 minor by and through his guardian ad litem 16 VIVIANA ROSE, AHMAD RAZAQI, 17 DANIA RAZAQI and E.R., a minor by and through his guardian ad litem DANIA 18 RAZAQI, a minor by and through his 19 guardian ad litem, 20 Plaintiffs, vs. 21 22 BRENTWOOD UNION SCHOOL DISTRICT, 23 DINA HOLDER, LAURI JAMES, BRIAN 24 JONES, JEAN ANTHONY, MARGO OLSON, MARGARET KRUSE, MERRILL 25 GRANT and DOES 1-30, 26 Defendants. 27 Plaintiffs, on the one hand, and Brentwood Union School District hereby 28 stipulate by and through their undersigned counsel of record as follows: STIP AND ORDER VACATING/EXTINGUISHING ABSTRACT OF JUDGMENT Case NO. 4:14-cv-04799- PJH 4837-0843-5105 v.1. docx2 2 1 WHEREAS, on July 13, 2017, the United States District Court for Northern 2 District of California issued an order awarding Defendants Brentwood Union School 3 District, Lauri James, Brian Jones, Jean Anthony, Margo Olson, Margaret Kruse, and 4 Merril Grant ("Brentwood defendants") attorney's fees and costs in the amount of in the 5 amount of $578,854.20 in the above-referenced matter. 6 WHEREAS, on August 25, 2017, the United States District Court for Northern 7 District of California issued an Abstract of Judgment in favor of Defendant and 8 Judgment Creditor Brentwood Union School District for costs in the amount of 9 $578,854.20 in the above-referenced matter. A true and correct copy of which is 10 attached hereto as Exhibit A. 11 WHEREAS, on August 29, 2017, a certified copy of the Abstract of Judgment 12 was recorded in Contra Costa County, Instrument Number 20170157096. A true and 13 correct copy of which is attached hereto as Exhibit B. 14 WHEREAS, on December 4, 2018, the United States Court of Appeals for the 15 Ninth Circuit vacated the District Court's July 13, 2017 order awarding attorney's fees 16 and costs to the Brentwood defendants. 17 Brentwood Union School District and Plaintiffs hereby stipulate and agree that 18 the order that was the basis of the Abstract of Judgment issued by this Court on August 19 25, 2019 and recorded by Contra Costa County (Instrument Number 20170157096) was 20 vacated; that the Abstract of Judgment should be vacated and extinguished and removed 21 from any and all property; and that the following debtors be fully released from the 22 abstract of judgment. 23 24 Michael Garedakis Tamara Garedakis 1383 Bryan Lane 1383 Bryan Lane 25 Gardnerville, NV 89410 Gardnerville, NV 89410 26 Lawrence Gullo Viviana Rose 27 1740 Diamond Springs Court 2625 Ranchwood Drive 28 Brentwood, CA 94513 Brentwood, CA 94513 STIP AND ORDER VACATING/EXTINGUISHING ABSTRACT OF JUDGMENT Case NO. 4:14-cv-04799- PJH 4837-0843-5105 v.1. docx3 2 1 Danielle Gullo Ahmad Razaqi 2 1740 Diamond Springs Court 4541 Horseshoe Circle 3 Brentwood, CA 94513 Antioch, CA 94531 4 Yolanda Jackson Dania Razaqi 5 2400 Berkshire Lane 4541 Horseshoe Circle 6 Brentwood, CA 94513 Antioch, CA 94531 7 The parties agree that Plaintiffs will record this order vacating the judgment in 8 Contra Costa County. 9 IT IS SO STIPULATED. 10 11 Dated: September 10, 2019 LEONE & ALBERTS 12 13 /s/ Louis A. Leone 14 LOUIS A. LEONE, ESQ. 15 CLAUDIA LEED, ESQ. SETH GORDON, ESQ. 16 Attorney for Defendants 17 BRENTWOOD UNION SCHOOL DISTRICT, LAURI JAMES, BRIAN JONES, JEAN ANTHONY, 18 MARGO OLSON, MARGARET KRUSE, and 19 MERRILL GRANT 20 21 Dated: September 10, 2019 LAW OFFICE OF TODD BOLEY 22 /s/ Todd Boley 23 TODD BOLEY, ESQ. 24 Attorney for Plaintiffs 25 Dated: September 10, 2019 LAW OFFICES OF PETER ALFERT 26 27 /s/ Peter Alfert PETER ALFERT, ESQ. 28 Attorney for Plaintiffs STIP AND ORDER VACATING/EXTINGUISHING ABSTRACT OF JUDGMENT Case NO. 4:14-cv-04799- PJH 4837-0843-5105 v.1. docx4 2 1 2 [PROPOSED] ORDER 3 Pursuant to the stipulation of the parties, and good cause appearing, it is hereby 4 ordered as follows: 5 1. The order that was the basis of the Abstract of Judgment issued by this 6 Court on August 25, 2019 and recorded by Contra Costa County (Instrument Number 7 20170157096) was vacated; 8 2. The Abstract of Judgment issued by this Court on August 25, 2019 and 9 recorded by Contra Costa County (Instrument Number 20170157096) should be 10 vacated and extinguished and removed from any and all property; 11 3. The following debtors are hereby fully released from the abstract of 12 judgment; 13 Michael Garedakis Tamara Garedakis 14 1383 Bryan Lane 1383 Bryan Lane 15 Gardnerville, NV 89410 Gardnerville, NV 89410 16 Lawrence Gullo Viviana Rose 17 1740 Diamond Springs Court 2625 Ranchwood Drive 18 Brentwood, CA 94513 Brentwood, CA 94513 19 Danielle Gullo Ahmad Razaqi 20 1740 Diamond Springs Court 4541 Horseshoe Circle Brentwood, CA 94513 Antioch, CA 94531 21 22 Yolanda Jackson Dania Razaqi 23 2400 Berkshire Lane 4541 Horseshoe Circle Brentwood, CA 94513 Antioch, CA 94531 24 25 26 27 28 // STIP AND ORDER VACATING/EXTINGUISHING ABSTRACT OF JUDGMENT Case NO. 4:14-cv-04799- PJH 4837-0843-5105 v.1. docx5 2 1 // 2 4. Plaintiffs will cause this order to be filed with the recorder's office and for 3 the abstract of judgment to be removed from all of the above-listed debtors' property. 4 S DISTRICT ATE C T O S U IT IS SO ORDERED: ED 5 RT ERED UNIT O ORD IT IS S R NIA 6 October 3 Dated: ______________, 2019 Hamilto _____________________________________ hyllis J. n NO Judge P FO 7 RT HON. PHYLLIS J. HAMILTON LI ER H A 8 N C CHIEF DISTRICTD I S T IJUDGE OF R CT 9 10 11 12 13 14 15 16 17 18 19 4837-0843-5105, v. 1 20 21 22 23 24 25 26 27 28 STIP AND ORDER VACATING/EXTINGUISHING ABSTRACT OF JUDGMENT Case NO. 4:14-cv-04799- PJH 4837-0843-5105 v.1. docx6 2 EXHIBIT A 2 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) PHONE NUMBER • !Zl Recording requested by and return to: Leone & Alberts - Louis Leone (925) 974-8600 2175 N. California Blvd., Suite 900 Walnut Creek, CA 94596 l <J ATTORNEY FOR l <J JUDGMENT CREDITOR 0 ASSIGNEE OF RECORD NAME OF COURT: U.S. DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA STREET 1301 Clay St# 400S ADDRESS: MAILING ADDRESS: CITY, STATE, ZIP: Oakland, CA 94612 PHONE NUMBER: FOR RECORDER'S USE ONLY PLAINTIFF: Michael Garedakis et al. DEFENDANT: Brentwood Union School District CASE ABSTRACT OF JUDGEMENT D Amended NUMBER: 4:14-cv-04799-PJH 1. The 181 judgment creditor 0 assignee of record FOR COURT USE ONLY applies for an abstract of judgment and represents the following: a. Judgment debtor's Name and last known address Michael Garedakis 1383 Bryan Lane Gardnerville, NV 89410 b. Driver's license# and state: lg) Unknown c. Social Security#: REDACTED D Unknown d. Summons or notice of entry of sister-state judgment was personally served or mailed to (name and address): e. 0 Original abstract recorded in this county: f. 181 Information on additional judgmenf debtors is shown on page two. (a) Date: (b) Instrument#: Date: Louis A. Leone (TYPE OR PRINT NAME) 2. a. !'81 I certify that the following is a true and correct abstract of 6. Total amount of judgment as entered or last renewed: the judgment entered in this action. $578,854.20 b. D A certified copy of the judgment is attached. 7. D An D execution lien Dattachment lien is endorsed on the judgment as follows: 3. Judgment creditor (name and address): a. D Amount $: Brentwood Union School District, c/o Leone & Alberts b. D In favor of (name and address): 2175 N. California Blvd, Suite 900 Walnut Creek, CA94596 4. Judgment debtor (full name as it appears in judgment): ~~~~~~~~~~~~~~~~~~~~~~- 8. A stay of enforcement has: 5. a. Judgment entered on (date): July 13, 2017 a. 181 not been ordered by the court b. Renewal entered on (date): ------------ b. D been ordered by the court effective until (date): 9. D This judgment is an installment judgment. [SEAL] This abstract issued on (date): AUG 25 2017 Clerk, by CYNTHIA LENAHAN, Deputy Form Adopted for Mandatory Use ABSTRACT OF JUDGMENT Page1 of2 Judicial Council of California (CIVIL) Code of Civil Procedure, §§ 466.480 EJ-001 [Rev. January 1, 2003) ~-------~ 674, 700.190 American LegalNet, Inc. www.USCourtForms.com 2 REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED 2 EXHIBIT B Case 4:14-cv-04799-PJH - Document 345 Filed 10/03/19 Page 11 of 12 · · -- ATTORNEY OR PARTY WITHOUT ATTORNEY (Ne .nd Address) PHONE NUMBER l8J Recording requested by and return to: Leone & Alberts - Louis Leone (925) 974-8600 2175 N. California Blvd., Suite 900 copy/duplicate has not been Walnut Creek, CA 94596 compared to original docume11t 18J ATTORNEY FOR 18J JUDGMENT CREDITOR D ASSIGNEE OF RECORD NAME OF COURT: U.S. DISTRICT COURT 08/29/2017,2~ 170157090 NORTHERN DISTRICT OF CALIFORNIA STREET 1301 Clay St# 400S ADDRESS: MAILING ADDRESS: CITY, STATE, ZIP: Oakland, CA 94612 PHONE NUMBER: FOR RECORDER'S USE ONLY PLAINTIFF: Michael Garedakis et al. DEFENDANT: Brentwood Union School District CASE ABSTRACT OF JUDGEMENT D Amended NUMBER: 4:14-cv-04799-PJH 1. The Jg) judgment creditor 0 assignee of record FOR COURT USE ONLY applies for an abstract of judgment and represents the following: a. Judgment debtor's Name and last known address Michael Garedakis 1383 Bryan Lane Gardnerville, NV 89410 b. Driver's license# and state: l8J Unknown c. Social Security#: REDACTED D Unknown d. Summons or notice of entry of sister-state judgment was personally served or mailed to (name and address): e. 0 Original abstract recorded in this county: f. l8J Information on additional judgmenf debtors is shown on page two. (a) Date: (b) Instrument#: Date: Louis A. Leone (TYPE OR PRINT NAME) 2. a. Jg) I certify that the following is a true and correct abstract of 6. Total amount of judgment as entered or last renewed: the judgment entered in this action. $578,854.20 b. 0 A certified copy of the judgment is attached. 7. 0 An D execution lien Dattachment lien is endorsed on the judgment as follows: 3. Judgment creditor (name and address): a. 0 Amount $: Brentwood Union School District, c/o Leone & Alberts b. D In favor of (name and address): 2175 N. California Blvd, Suite 900 Walnut Creek, CA94596 4. Judgment debtor (full name as it appears in judgment): 8. A stay of enforcement has: 5. a. Judgment entered on (date): July 13, 2017 a. l8J not been ordered by the court b. Renewal entered on (date): b. 0 been ordered by the court effective until (date): 9. 0 This judgment is an installment judgment. [SEAL] This abstract issued on (date): AUG 25. 2017. CYNTHIA LENAHAN Clerk, by, Deputy Form Adopted for Mandatory Use ABSTRACT OF JUDGMENT Page 1of2 Judicial Council of California (CIVIL) Code of Civil Procedure, §§ 488.460 EJ-001 [Rev. January 1, 2003] ~------~ 674, 700. 190 American LegalNet, Inc. www.USCourtForms.com 2 REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED