Opinion
CASE NO. CV-10-3747-RS
10-11-2011
CRAIG YATES, an individual, Plaintiff, v. MANGOSTEEN; WBCMT 2007-C31 BUCHANAN STREET, LTD; and PHILIP TRI NGUYEN, an individual dba MANGOSTEEN, Defendants.
THOMAS E. FRANKOVICH, A PROFESSIONAL LA W CORPORA TION Thomas E. Frankovich Attorneys for Plaintiff CRAIG YATES, an individual JASON G. GONG, LIVINGSTON LA W FIRM Jason G. Gong Attorneys for Defendant PHILIP TRI NGUYEN, an individual dba MANGOSTEEN PHILIPPE A. TOUDIC, DUANE MORRIS LLP Philippe A. Toudic Attorneys for Defendant WBCMT 2007-C31 BUCHANAN STREET, LTD
THOMAS E. FRANKOVICH (State Bar No. 074414)
THOMAS E. FRANKOVICH,
A Professional Law Corporation
Attorneys for Plaintiff
CRAIG YATES
STIPULATION AND [PROPOSED]
ORDER RE PLAINTIFF'S LEAVE TO
AMEND THE COMPLAINT
Plaintiff CRAIG YATES, an individual, and Defendants WBCMT 2007-C31 BUCHANAN STREET, LTD; and PHILIP TRI NGUYEN, an individual dba MANGOSTEEN, by and through the parties respective counsel in the above-mentioned case hereby make the following stipulation:
1. Whereas, defendant PHILIP TRI NGUYEN, an individual dba MANGOSTEEN is the tenant and previously filed his answer to plaintiff's complaint on November 15, 2010; and
2. Whereas, the original landlord, defendant CITI PROPERTIES DE LLC, a Delaware limited liability company was foreclosed upon by defendant WBCMT 2007-C31 BUCHANAN STREET, LTD, who became the second landlord in this litigation; and
3. Whereas, plaintiff CRAIG YATES and defendant WBCMT 2007-C31 BUCHANAN STREET, LTD have reached a monetary settlement agreement regarding the above-captioned matter, and dismissal papers will be filed shortly between plaintiff and defendant WBCMT 2007-C31 BUCHANAN STREET, LTD; and
4. Whereas, defendant WBCMT 2007-C31 BUCHANAN STREET, LTD sold the property to AP SF 601 Larkin LLC before the equitable relief could be addressed; and
5. Whereas, AP SF 601 Larkin LLC is now the current landlord and is jointly and severally liable for the removal of barriers with its tenant, defendant PHILIP TRI NGUYEN, an individual dba MANGOSTEEN; and
6. Whereas, plaintiff CRAIG YATES encountered barriers on July 4, 2011, August 1, 2011 and August 27, 2011, while AP SF 601 Larkin LLC owned the property; and
7. Whereas, plaintiff seeks to prosecute his action against AP SF 601 Larkin LLC for injunctive relief and monetary damages.
IT'S STIPULATED and requested that plaintiff CRAIG YATES be permitted to file a Second Amended Complaint naming "AP SF 601 Larkin LLC" as a defendant in the above-captioned matter.
Respectfully Submitted,
THOMAS E. FRANKOVICH,
A PROFESSIONAL LA W CORPORA TION
Thomas E. Frankovich
Attorneys for Plaintiff CRAIG YATES, an individual
JASON G. GONG,
LIVINGSTON LA W FIRM
Jason G. Gong
Attorneys for Defendant PHILIP TRI NGUYEN, an
individual dba MANGOSTEEN
PHILIPPE A. TOUDIC,
DUANE MORRIS LLP
Philippe A. Toudic
Attorneys for Defendant WBCMT 2007-C31 BUCHANAN
STREET, LTD
ORDER
Pursuant to the parties' stipulation, IT IS ORDERED that plaintiff may file a Second Amended Complaint to name AP SF 601 Larkin LLC as a defendant and that the answer previously filed by defendant PHILIP TRI NGUYEN, an individual dba MANGOSTEEN on November 15, 2010, may serve as defendant's answer to the Second Amended Complaint.
Honorable Richard Seeborg
UNITED STATES DISTRICT JUDGE