Response To Osc Re Dismissal

Response

Cal. Super. - 1st Dist.January 12, 2018

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VIOLA LAW FIRM, P.C. LAWRENCE S. VIOLA, ESQ, SBN 130335 PETER W. DANIEL, ESQ., SBN 179107 441 First Avenue P.O. Box 1290 San Mateo, CA 94401-1290 Telephone: (650) 343-6400 . Facsimile: (650) 342-6854 Attorneys for Plaintiff, LILLIAN LIBERATORE IN THE UNIFIED COURTS OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO LILLIAN LIBERATORE, Case No. CGC-18-563664 Plaintiff, DECLARATION OF PETER W. DANIEL, ESQ., IN RESPONSE TO and ORDER TO SHOW CAUSE Date: January 15,2019 Time: 10:30 a.m. GERALD LIBERATORE,et al., S r ” M e ” N a r N e e ” Ne e N e e ” N e e ” N a e ” a e ” ae N a ” N a e ” N a ” Defendants. Dept: 610 I, PETER W. DANIEL, ESQ., declare: 1. [ am an attorney at law, duly authorized to practice in all courts in the State of California and am attorney of record for Plaintiff, LILLIAN LIBERATORE, in the above-captioned matter. I have personal knowledge of the matters set forth below and If called upon I could and would testify truthfully thereto. 2. I am pleased to inform the Court that Plaintiff, LILLIAN LIBERATORE and Defendant, CRAIG LIBERATORE have come to an agreement that will resolve this lawsuit in its entirety. CRAIG LIBERATORE is represented by Nancy Conway, Esq. A settlement agreementis being circulated and we are optimistic that the settlement agreement will be signed before January 15, 2019. The settlement terms are expected to be completed within 30 days after the execution of the settlement agreement. At 1 DECLARATION OF PETER W. DANIEL, ESQ., IN 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 that point, Plaintiff will dismiss the lawsuit and all Defendants. We thank the Court forits assistance in this regard. 3: On or about August 29, 2018, CRAIG LIBERATORE filed a motion to quash in lieu of an Answer, and that motion to quash was dismissed shortly before the scheduled hearing. Plaintiff opted notto file a default or press for an Answer, so the parties could instead focus respectfully on settlement discussions. 4. Defendant GERALD LIBERATORE,a resident of Mexico, was named as a potential part owner ofthe floating homethat is the focus of the lawsuit. The settlement between LILLIAN LIBERATORE and CRAIG LIBERATORE resolves LILLIAN LIBERATORE’s interest in the floating home. GERALD LIBERATORE will therefore be dismissed afteras the settlement agreementis executed. 5. Accordingly, Plaintiff requests that this matter be continued to another hearing on the dismissal calendar 60 -90 days hence.If there is no continuance prior to the hearing, I will appear on January 15 to provide an update. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. oo 7 / em> | 7 3 -_- a Dated: December 20, 2018 | Peter W. Daniel, Esq. 2 DECLARATION OF PETER W. DANIEL, ESQ., IN 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 Case Name: Liberatore v. Liberatore, et al. Court Name: Unified Courts of California-County of San Francisco Case Number: CGC-18-563664 PROOF OF SERVICE [C.C.P. §1013, C.R.C. §2008, F.R.C.P. Rule 5] I, the undersigned, say: [ am, and was at the time of the service hereinafter mentioned, over the age of 18 years and not a party to the above-entitled action. I am employed in the County of San Mateo, California and my business address is 441 First Avenue, San Mateo, California, 94401-1290. On December 20, 2018, I caused the following documents: DECLARATION OFPETER W. DANIEL, ESQ., IN RESPONSE TO ORDER TO SHOWCAUSE to be served on the following interested parties in the above-entitled action at the address indicated: State: Nancy Conway, Esq. 345 Franklin Street San Francisco, CA 94102-4427 Receiving: nancy@nancyconwaylaw.com Sending: llevine@violaw.com XX BY E-MAIL TRANSMISSION: I caused such document(s) to be served on the above-referenced individual(s) by email transmission pursuant to California Rules of Court. The address of the sending computer and the address(es) of the receiving computers are listed above. [C.R.C. Rule 2060] I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct, and that this declaration was executed in San Mateo, County of San Mateo, California on December 20, 2018. WaY/Name: Liz Levine Signature: / /\\A p NTT J PROOF OF SERVICE