Opinion
Case No: CV11-02234-JSW
10-21-2011
NICK MAKREAS, Plaintiff, v. FIRST NATIONAL BANK OF NORTHERN CALIFORNIA, a business entity; T.D. SERVICE COMPANY, form unknown; KATHY CASTOR;, an individual; RANDY BRUGONI, an individual; and DOES 1-25 inclusive; Defendants.
NELSON W. GOODELL The Goodell Law Firm Attorney for Plaintiff, Nick Makreas LAWRENCE DREYFUSS The Dreyfuss Firm, PLC Attorney for Defendant T.D. Service Company
NELSON W. GOODELL, ESQ., SBN 264734
The Goodell Law Firm
STIPULATION TO SET ASIDE ENTRY
OF DEFAULT AGAINST T.D. SERVICE
COMPANY, WITHDRAW T.D.
SERVICE COMPANY'S MOTION TO
DISMISS PLAINTIFF'S COMPLAINT,
AND AGREEMENT BY T.D. SERVICE
COMPANY TO NOT OBJECT TO
PLAINTIFF'S FILING A FIRST
AMENDED COMPLAINT AND
[PROPOSED] ORDER THEREON
IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES HERETO THROUGH THEIR UNDERSIGNED COUNSEL:
1. The entry of default entered against defendant T.D. Service Company is hereby set aside;
2. The motion to dismiss filed by T.D. Service Company on October 3,2011, which is set for hearing on January 6, 2012, is hereby withdrawn, and T.D. Service ' Company may not file another motion to dismiss of the plaintiff's complaint. In the unlikely event the court refuses to allow plaintiff to file a first amended complaint, or if plaintiff for any reason decides not to do so, T.D. Service Company's existing motion to dismiss it will be reinstituted, but T.D. Service
Company will not ask that it be sustained without leave for plaintiff to amend the complaint.
3. T.D. Service Company hereby agrees to stipulate to plaintiff filing a first amended complaint. In the event that the plaintiff must file a motion seeking leave to file a first amended complaint, T.D. Service Company will not oppose this motion.
4. Once plaintiff files his first amended complaint, T.D. Service Company may timely either answer it or file a motion to dismiss it depending on whatever course T.D. Service Company believes is appropriate.
NELSON W. GOODELL
The Goodell Law Firm
Attorney for Plaintiff, Nick Makreas
LAWRENCE DREYFUSS
The Dreyfuss Firm, PLC
Attorney for Defendant T.D. Service Company
ORDER
IT IS HEREBY ORDERED THAT the default is set aside as to defendant TD. Service Company.
Defendant T.D. Service Company's motion to dismiss the plaintiff's complaint, which was filed on October 3, 2011, is hereby withdraw and the hearing scheduled for January 6 2012 is off calendar. Defendant T.D. Service Company may not file another motion to dismiss plaintiff's complaint. In the event this court refuses to allow plaintiff to file a first amended complaint, or if plaintiff for any reason decides not to do so, T.D. Service Company's existing motion to dismiss it will be reinstituted, but T.D. Service Company will not ask that it be) sustained without leave for plaintiff to amend the complaint.
Defendant T.D. Service Company may not object to the plaintiff's filing of a first amended complaint or a motion to seek leave to file a first amended complaint.
Once plaintiff files his first amended complaint, T.D. Service Company may timely either) answer it of file a motion to dismiss it depending on whatever course T.D. Service Company
Plaintiff shall file a stipulation with all defendants or file a motion believes is appropriate. seeking leave to amend by no later than November 4, 2011.
THE HON. JEFFREY S. WHITE