Response To Order To Show Cause

Response

Cal. Super. - 1st Dist.December 12, 2016

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KERRY A. RENN, State Bar No. 157876 KERRY A. RENN, ATTORNEY AT LAW One Embarcadero Center, Suite 500 San Francisco, CA 94111-3610 Telephone: (415) 781-9306 kerry@kerryrennlaw.com Attorney for Plaintiffs MAHNAZ BADIHIAN JAHANGIR SADEGHI SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO MAHNAZ BADIHIAN and JAHANGIR Case No. CGC-16-555826 SADEGH]I, RESPONSE TO ORDER TO SHOW Plaintiffs, CAUSE V. Date: October 3, 2017 GROVE STREET HAYES VALLEY, Dept... 610 LLC, a Delaware limited liability company; Judge: Hon. Teri L. Jackson CANNON CONSTRUCTORS NORTH, INC., a California corporation; and DOES 1 through 50, inclusive, Defendants. / 1. Plaintiffs, Mahnaz Badihian and Jahangir Sadeghi (the Sadeghis), submit this response to the Court’s October 3, 2017 Order to Show Cause set for this matter for failure to file proofs of service on defendants and obtain answers, or enter defaults. 2. This case is about homeowners, the Sadeghis, who are alleging they suffered personal property and other damages caused by the construction of an adjacent mixed-use condominium development at 400 Grove Street in San Francisco. The developer, defendant Grove Street Hayes Valley, LLC (Grove Street, LLC) and the Sadeghis are bound by an agreement to mediate the claims in this action before filing a court action, except to solely preserve applicable statutes of limitations. The Sadeghis filed this action against Grove Street, LLC to preserve their statutes of limitations. -1- RESPONSE TO ORDER TO SHOW CAUSE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Defendant Cannon Constructors North, Inc. (Cannon), who was not a party to the agreement requiring pre-litigation mediation, was served by substitute service on August 8, 2017. The proof of service will be filed with the Court contemporaneously with this response. A true and correct copy ofthe proof of service for Cannon is attached as Exhibit 1. 4. However,after being served, Cannon agreed to mediate this matter through private mediation along with Grove Street, LLC and the Sadeghis. 5. All parties; plaintiffs, Mahnaz Badihian and Jahangir Sadeghi, and defendants, Grove Street, LLC and Cannon; have executed the Court’s Stipulation to Alternative Dispute Resolution (ADR), agreeing to privately mediate this matter. The Stipulation to Alternative Dispute Resolution (ADR) will be filed with the Court contemporaneously with this response. A true and correct copy of the Stipulation to Alternative Dispute Resolution (ADR) is attached as Exhibit 2. 6. The parties request that the Court stay this action for between 90 to 120 days so that they may attemptto resolve it through private mediation. Date: September 21, 2017 KERRY A. RENN, ATTORNEY AT LAW By: Ply GLDe Kerry A. Renn Attorney for Plaintiffs Mahnaz Badihian and Jahangir Sadeghi -2 RESPONSE TO ORDER TO SHOW CAUSE EXHIBIT 1 POS-010 ATTORNEY OR PARTY WITROUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Kerry Renn, 157876 Kerry A. Renn, Attorney At Law 1 Embarcadero Center, Suite 500 San Francisco, CA 94111 TELEPHONE NO: (415) 781-9306 ATTORNEY FOR (Nemes): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF Superior Court of California, San Francisco County 400 McAllister Street San Francisco, CA 94102 PLAINTIFF/PETITIONER: Mahnaz Badihian and Jahangir Sadeghi CASE NUMBER: CGC-16-555826DEFENDANT/RESPONDENT: Grove Street Haves Valley, LLC. et al. Ref. No. or File No.: PROOF OF SERVICE OF SUMMONS 1. At the time of service | was a citizen of the United States, at least 18 years of age and not a party to this action.BY FAX 2. I served copies of: Summons, Complaint, Notice to Plaintiff, ADR Information Packet 3. a. Party served: Cannon Constructors North, Inc., a California corporation b. Person Served: Michael Adler - Person Authorized to Accept Service of Process 4. Address where the party was served: 6000 Shoreline Ct., Ste. 206 South San Francisco, CA 94080 5. | served the party ) b. by substituted service. On (date): (8/08/2017 at(time):3.3qpp eft the documents listed in item 2 withor inthe presence of: Mia Lee - Person In Charge Of Office (1) (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. | informed him or her of the general nature of the papers. (4) A declaration of mailing is attached. 6. The "Notice to the Person Served” (on the summons) was completed as follows: d. on behalf of: . . . Cannon Constructors North, Inc., a California corporation under: CCP 416.10 (corporation) 7. Person who served papers a. Name: Todd Christian Brenneck b. Address: One Legal - 194-Marin 504 Redwood Blvd #223 Novato, CA 94947 c. Telephone number: 415-491-0606 d. The fee for service was: $§ 92.15 e. lam: (3) registered California process server. (i) Employee or independent contractor. (ily Reqistration No.:2016-0001247 (ii) County San Francisco 8. | declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. Date: 08/10/2017 ‘Todd Chir ’onn L2arrmaih Todd Christian Brenneck NAME O! N ( EF PERSON WHO SERVED PAPERS) (SIGNATURE) Form Adopted for Mandatory Use Code of Civil Procedure, § 417.10 Judicial Councll of California POS-010 [Rev. Jan 1, 2007] PROOF OF SERVICE OF SUMMONS OL# 11268592 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name andAddress): TELEPHONE NO.: FOR COURT USE ONLY Kerry Renn, 157876 (415) 781-9306 Kerry A. Renn, Attorney At Law 1 Embarcadero Center San Francisco, CA 94111 Ret. No.or File No. ATTORNEY FOR (Name): Plaintiff Insert name of court, judicial district or branch court, if any: San Francisco-McAllister 400 McAllister Street San Francisco, CA 94102 PLAINTIFF; Mahnaz Badihian and Jahangir Sadeghi DEFENDANT: Grove Street Hayes Valley, LLC, et al. CASE NUMBER: PROOF OF SERVICE BY MAIL CGC-16-555826 BY FAX 1 am a citizen of the United States, over the age of 18 and nota party to the within action. My business address is 504 Redwood Blvd., Suite 223 Novato, CA 94947. On 08/10/2017, after substituted service under section CCP 415.20(a) or 415.20(b) or FRCP 4(e)(2)(B) or FRCP 4(h)(1)B) was made (if applicable), | mailed copies of the: Summons, Complaint, Notice to Plaintiff, ADR Information Packet to the person to be served at the place where the copies were left by placing a true copy thereof enclosed in a sealed envelope, with First Class postage thereon fully prepaid, in the United States Mail at Los Angeles, California, addressed as follows: Cannon Constructors North, Inc., a California corporation Michael Adler 6000 Shoreline Ct., Ste. 206 South San Francisco, CA 94080 I am readily familiar with the firm's practice for collection and processing of documents for mailing. Under that practice, it would be deposited within the United States Postal Service, on that same day, with postage thereon fully prepaid, in the ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. Fee for Service: $ 92.15 I declare under penalty ofperjury under the laws of the United States ofAmerica and the State of California that the foregoing is true and correct and that this declaration was executed on 08/10/2017 at Los Angeles, California, One Legal ~ 194-Marin . -g . I _ 504 Redwood Blvd #223 7 oh A Coe, Conor Novato, CA 94947 Peter Fuster OL# 11268592 EXHIBIT 2 ATTORNEYORPARTYWITHOUTATTORNEY (Name and address) FOR COURT USE ONLY KERRY A. RENN, State Bar No. 157876 KERRY A. RENN, ATTORNEY AT LAW One Embarcadero Center, Suite 500 San Francisco, CA 94111-3610 TELEPHONE NO. (415)781-8306 ATTORNEY FOR (Name): Plaintiffs Mahnaz Badihian and Jahangir Sadeghi SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO 400 McAllister Street San Francisco, CA 841024514 PLAINTIFF/PETITIONER: MAHNAZ BADIHIAN, et al. DEFENDANT/IRESPONDENT. GROVESTREETHAYESVALLEY,LLLLC, et al. A E MB R: “cae16-555826 STIPULATION TO ALTERNATIVE DISPUTE RESOLUTION (AOR) Kk 5 N E | OEPARTMENT 610 | 1} The parties&hereby stipulateththat this action shall be submitted to the following AADR process: O Early Settlement Program of the Bar Association of San Francisco (BASF) - Pre-screened experienced attorneys provide a minimum of 2 hours of settlement canference time for a BASF administrative fee of $295 per party. Waivers are available to those who qualify. BASF handies notification to all parties, conflict checks with the panelisls, and full case management. www.sfbar.orglesp 0 Mediation Services of BASF - Experienced professional mediators, screened and approved, provide one hour of preparation and the first two hours of mediation time for a BASF administrative fee of $295 per party. Mediation time beyond that is charged at the mediator's hourly rate, Waivers of the administrative fee are available to those who qualify. BASF assists parties with mediator selection, conflicts checks and full case management. www.sfbar.org/medialion Private Mediation - Mediators and ADR provider organizations charge by the hour or by the day, current market rates. ADR organizations may also charge an administrative fee. Parties may find experienced mediators and organizations on the Internet. Judicial Arbitration - Non-binding arbitration is avallable to cases in which the amount in controversy is $50,000 orless and no equitable relief Is sought. The court appoints a pre-screened arbitrator who will issue an award. There is no fee for this program. wwwsfsuperiorcourt.org J Judicial Mediation - The Judicial Mediation program offers mediation in civil litigation with a San Francisco Superior Court judge familiar with the area of the law that is the subject of the controversy. There is no fee for this program. www.sfsuperiorcour.org Judge Requested (see list of Judges currently paricipating in the program): Date range requested for Judicial Mediation (from the filing of stipulation to Judicial Mediation): [J 30-90days (J 90-120days [J Other (please specify) -- Oa Other ADR process (describe) 2) The parties agree that the ADR Process shall be completed by (date): _9019 120 days 3) Plaintiff{s) and Defendant(s) further agree as follows: iad Grove Stree! Hayes Valley, LLC Mahnaz Badiahian Cannon Constructors North, Inc. Jahangir Sadeghi Name of Party Stipulating Name of Party Stipulating Jonathan C. Bacon, Ess. . SRY A.RONESsssoomrponcimssmie itsessscasseins, e of Party orAttorney Executing Stipulation Name of Party or Attorney Executing Stipulation coneLAedRo Signature of PartyorA torney gnatureofParty orAttorney [J Plaintiff i] Defendant [J Cross-defendant xX] Plaintiff [] Defendant (] Cross-defendant Dated: _Septemberd2017 nn Dated: September 19 2017 7) Additional signature(s) attached ADR-2 03/15 STIPULATION TO ALTERNATIVE DISPUTE RESOLUTION