Yates v. Turtle Tower Rest.

Full title: CRAIG YATES, an individual, Plaintiff, v. TURTLE TOWER RESTAURANT; WBCMT…

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Oct 18, 2011

CASE NO. CV-10-3279-BZ (N.D. Cal. Oct. 18, 2011)

Opinion

CASE NO. CV-10-3279-BZ

10-18-2011

CRAIG YATES, an individual, Plaintiff, v. TURTLE TOWER RESTAURANT; WBCMT 2007-C31 BUCHANAN STREET, LTD; and PHAM LLC, a California limited liability company, 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 PHAM LLC, a California limited liability company PHILIPPE A. TOUDIC, DUANE MORRIS LLP Philippe A. Toudic Attorneys for Defendant WBCMT 2007-C31 BUCHANAN STREET, LTD

Bernard Zimmerman

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 PHAM LLC, a California limited liability company, by and through the parties respective counsel in the above-mentioned case hereby make the following stipulation:

1. Whereas, defendant PHAM LLC, a California limited liability company is the tenant and previously filed its answer to plaintiffs complaint on October 4, 2010; and

2. Whereas, the original landlord, defendant C1T1 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 631 Larkin LLC before the equitable relief could be addressed; and

5. Whereas, AP SF 631 Larkin LLC is now the current landlord and is jointly and severally liable for the removal of barriers with its tenant, defendant PHAM LLC, a California limited liability company; and

6. Whereas, plaintiff CRAIG YATES encountered barriers on July 6,2011, August 25, 2011 and August 29, 2011, while AP SF 631 Larkin LLC owned the property; and

7. Whereas, plaintiff seeks to prosecute his action against AP SF 631 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 631 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 PHAM LLC, a California limited

liability company

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 631 Larkin LLC as a defendant and that the answer previously filed by defendant PHAM LLC, a California limited liability company on October 4, 2010, may serve as defendant's answer to the Second Amended Complaint.

Honorable Bernard Zimmerman

UNITED STATES MAGISTRATE JUDGE