Garedakis v. Brentwood Union School District

Filing 345

STIPULATION AND ORDER VACATING AND EXTINGUISHING ABSTRACT OF JUDGMENT. Signed by Judge Phyllis J. Hamilton on 10/3/19. ***REDACTED VERSION*** (kcS, COURT STAFF) (Filed on 10/3/2019)

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LOUIS A. LEONE, ESQ. (SBN: 099874)
CLAUDIA LEED, ESQ. (SBN: 122676)
SETH L. GORDON, ESQ. (SBN: 262653)
LEONE & ALBERTS
A Professional Corporation
2175 North California Blvd., Suite 900
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants
BRENTWOOD UNION SCHOOL DISTRICT, LAURI JAMES, BRIAN JONES,
JEAN ANTHONY, MARGO OLSON, MARGARET KRUSE, and MERRILL
GRANT
MARK E. DAVIS, ESQ. (SBN: 079936)
ERIC J. BENGTSON, ESQ. (SBN: 254167)
DAVIS & YOUNG, APLC
1960 The Alameda, Suite 210
San Jose, CA 95126
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Defendant, DINA HOLDER
TODD BOLEY, ESQ. (SBN: 068119)
LAW OFFICE OF TODD BOLEY
2381 Mariner Square Drive, Suite 280
Alameda, CA 94501
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
PETER W. ALFERT, ESQ. (SBN: 083139)
IAN A. HANSEN, ESQ. (SBN: 255449)
LAW OFFICES OF PETER ALFERT
909 Marina Village Parkway, #199
Alameda, CA 94501
STIP AND ORDER VACATING/EXTINGUISHING ABSTRACT OF JUDGMENT Case NO. 4:14-cv-04799- PJH
4837-0843-5105 v.1. docx1

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Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for PLAINTIFFS
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL GAREDAKIS, TAMARA
GAREDAKIS, and M.G., a minor by and
through his guardian ad litem MICHAEL
GAREDAKIS, YOLANDA JACKSON, and
A.G., a minor by and through her guardian ad
litem YOLANDA JACKSON, LAWRENCE
GULLO, DANIELLE GULLO, and B.G., a
minor by and through his guardian ad litem
DANIELLE GULLO, KATHRYN
MAGUIRE, and M.R., a minor by and
through his guardian ad litem KATHRYN
MAGUIRE, VIVIANA ROSE, and B.R., a
minor by and through his guardian ad litem
VIVIANA ROSE, AHMAD RAZAQI,
DANIA RAZAQI and E.R., a minor by and
through his guardian ad litem DANIA
RAZAQI, a minor by and through his
guardian ad litem,
vs.

Case No.: 4:14-cv-04799-PJH

STIPULATION AND [PROPOSED]
ORDER VACATING AND
EXTINGUISHING ABSTRACT OF
JUDGMENT

Plaintiffs,

BRENTWOOD UNION SCHOOL
DISTRICT,
DINA HOLDER, LAURI JAMES, BRIAN
JONES, JEAN ANTHONY, MARGO
OLSON, MARGARET KRUSE, MERRILL
GRANT and DOES 1-30,
Defendants.
Plaintiffs, on the one hand, and Brentwood Union School District hereby
stipulate by and through their undersigned counsel of record as follows:

STIP AND ORDER VACATING/EXTINGUISHING ABSTRACT OF JUDGMENT Case NO. 4:14-cv-04799- PJH
4837-0843-5105 v.1. docx2

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WHEREAS, on July 13, 2017, the United States District Court for Northern

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District of California issued an order awarding Defendants Brentwood Union School

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District, Lauri James, Brian Jones, Jean Anthony, Margo Olson, Margaret Kruse, and

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Merril Grant (“Brentwood defendants”) attorney’s fees and costs in the amount of in the

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amount of $578,854.20 in the above-referenced matter.

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WHEREAS, on August 25, 2017, the United States District Court for Northern

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District of California issued an Abstract of Judgment in favor of Defendant and

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Judgment Creditor Brentwood Union School District for costs in the amount of

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$578,854.20 in the above-referenced matter. A true and correct copy of which is

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attached hereto as Exhibit A.

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WHEREAS, on August 29, 2017, a certified copy of the Abstract of Judgment

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was recorded in Contra Costa County, Instrument Number 20170157096. A true and

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correct copy of which is attached hereto as Exhibit B.

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WHEREAS, on December 4, 2018, the United States Court of Appeals for the

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Ninth Circuit vacated the District Court’s July 13, 2017 order awarding attorney’s fees

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and costs to the Brentwood defendants.

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Brentwood Union School District and Plaintiffs hereby stipulate and agree that

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the order that was the basis of the Abstract of Judgment issued by this Court on August

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25, 2019 and recorded by Contra Costa County (Instrument Number 20170157096) was

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vacated; that the Abstract of Judgment should be vacated and extinguished and removed

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from any and all property; and that the following debtors be fully released from the

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abstract of judgment.

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Michael Garedakis
1383 Bryan Lane
Gardnerville, NV 89410

Tamara Garedakis
1383 Bryan Lane
Gardnerville, NV 89410

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Lawrence Gullo
1740 Diamond Springs Court
Brentwood, CA 94513

Viviana Rose
2625 Ranchwood Drive
Brentwood, CA 94513

STIP AND ORDER VACATING/EXTINGUISHING ABSTRACT OF JUDGMENT Case NO. 4:14-cv-04799- PJH
4837-0843-5105 v.1. docx3

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Danielle Gullo
1740 Diamond Springs Court
Brentwood, CA 94513

Ahmad Razaqi
4541 Horseshoe Circle
Antioch, CA 94531

Yolanda Jackson
2400 Berkshire Lane
Brentwood, CA 94513

Dania Razaqi
4541 Horseshoe Circle
Antioch, CA 94531

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The parties agree that Plaintiffs will record this order vacating the judgment in
Contra Costa County.
IT IS SO STIPULATED.

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Dated: September 10, 2019

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LEONE & ALBERTS
/s/ Louis A. Leone
LOUIS A. LEONE, ESQ.
CLAUDIA LEED, ESQ.
SETH GORDON, ESQ.
Attorney for Defendants
BRENTWOOD UNION SCHOOL DISTRICT,
LAURI JAMES, BRIAN JONES, JEAN ANTHONY,
MARGO OLSON, MARGARET KRUSE, and
MERRILL GRANT

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Dated: September 10, 2019

LAW OFFICE OF TODD BOLEY

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/s/ Todd Boley
TODD BOLEY, ESQ.
Attorney for Plaintiffs

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Dated: September 10, 2019

LAW OFFICES OF PETER ALFERT

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/s/ Peter Alfert
PETER ALFERT, ESQ.
Attorney for Plaintiffs

STIP AND ORDER VACATING/EXTINGUISHING ABSTRACT OF JUDGMENT Case NO. 4:14-cv-04799- PJH
4837-0843-5105 v.1. docx4

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[PROPOSED] ORDER

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Pursuant to the stipulation of the parties, and good cause appearing, it is hereby

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ordered as follows:
1.

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The order that was the basis of the Abstract of Judgment issued by this

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Court on August 25, 2019 and recorded by Contra Costa County (Instrument Number

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20170157096) was vacated;
2.

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recorded by Contra Costa County (Instrument Number 20170157096) should be
vacated and extinguished and removed from any and all property;
3.

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The Abstract of Judgment issued by this Court on August 25, 2019 and

The following debtors are hereby fully released from the abstract of

judgment;

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Michael Garedakis
1383 Bryan Lane
Gardnerville, NV 89410

Tamara Garedakis
1383 Bryan Lane
Gardnerville, NV 89410

Lawrence Gullo
1740 Diamond Springs Court
Brentwood, CA 94513

Viviana Rose
2625 Ranchwood Drive
Brentwood, CA 94513

Danielle Gullo
1740 Diamond Springs Court
Brentwood, CA 94513

Ahmad Razaqi
4541 Horseshoe Circle
Antioch, CA 94531

Yolanda Jackson
2400 Berkshire Lane
Brentwood, CA 94513

Dania Razaqi
4541 Horseshoe Circle
Antioch, CA 94531

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//
STIP AND ORDER VACATING/EXTINGUISHING ABSTRACT OF JUDGMENT Case NO. 4:14-cv-04799- PJH
4837-0843-5105 v.1. docx5

Plaintiffs will cause this order to be filed with the recorder’s office and for

the abstract of judgment to be removed from all of the above-listed debtors’ property.

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October 3
Dated: ______________, 2019

n
Hamilto
_____________________________________
hyllis J.
Judge P
HON. PHYLLIS J. HAMILTON
ER
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CHIEF DISTRICT IJUDGE
D IS T C T O
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O ORD

IT IS S

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IT IS SO ORDERED:

UNIT
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//

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4837-0843-5105, v. 1

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STIP AND ORDER VACATING/EXTINGUISHING ABSTRACT OF JUDGMENT Case NO. 4:14-cv-04799- PJH
4837-0843-5105 v.1. docx6

EXHIBIT A

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address)

•

PHONE NUMBER

!Zl Recording requested by and return to:
Leone & Alberts - Louis Leone

[phone]

2175 N. California Blvd., Suite 900
Walnut Creek, CA 94596

l <J ATTORNEY FOR

0 ASSIGNEE OF RECORD

l <J JUDGMENT CREDITOR

NAME OF COURT:

U.S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

STREET
ADDRESS:

1301 Clay St# 400S

MAILING
ADDRESS:
CITY, STATE, ZIP:

Oakland, CA 94612

PHONE NUMBER:

FOR RECORDER'S USE ONLY

PLAINTIFF:

Michael Garedakis et al.

DEFENDANT:

Brentwood Union School District

1.

The 181 judgment creditor

CASE
NUMBER:

D Amended

ABSTRACT OF JUDGEMENT

4:14-cv-04799-PJH
FOR COURT USE ONLY

0 assignee of record

applies for an abstract of judgment and represents the following:

a.

Judgment debtor's
Name and last known address
Michael Garedakis
1383 Bryan Lane
Gardnerville, NV 89410

b.

Driver's license# and state:

c.

Social Security#:

d.

Summons or notice of entry of sister-state judgment was personally served or
mailed to (name and address):

e.

0 Original abstract recorded in this county:
(a)

Date:

Unknown

D Unknown

f.

181 Information on additional judgmenf debtors
is shown on page two.

Date:

(b)

lg)

REDACTED

Instrument#:

Louis A. Leone
(TYPE OR PRINT NAME)

3.

a. !'81 I certify that the following is a true and correct abstract of
the judgment entered in this action.

6.

Total amount of judgment as entered or last renewed:

b. D A certified copy of the judgment is attached.

2.

7.

D An D execution lien
Dattachment lien
is endorsed on the judgment as follows:

$578,854.20

Judgment creditor (name and address):

a. D Amount $:

Brentwood Union School District, c/o Leone & Alberts

b. D In favor of (name and address):

2175 N. California Blvd, Suite 900 Walnut Creek, CA94596

4.

Judgment debtor (full name as it appears in judgment):
8.

A stay of enforcement has:

~~~~~~~~~~~~~~~~~~~~~~-

5.

a. Judgment entered on (date):

b. Renewal entered on (date):

July 13, 2017

a. 181 not been ordered by the court

------------

b. D been ordered by the court effective until (date):
9.

[SEAL]

D This judgment is an installment judgment.

This abstract issued on (date):

AUG 25 2017
Clerk, by

Form Adopted for Mandatory Use
Judicial Council of California
EJ-001 [Rev. January 1, 2003)

ABSTRACT OF JUDGMENT
(CIVIL)

CYNTHIA LENAHAN

, Deputy

Page1 of2
Code of Civil Procedure, §§ 466.480
~-------~

American LegalNet, Inc.
www.USCourtForms.com

674, 700.190

REDACTED

REDACTED
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REDACTED

REDACTED

EXHIBIT B

-

ATTORNEY OR PARTY WITHOUT ATTORNEY (Ne

· · --

.nd Address)

PHONE NUMBER

l8J Recording requested by and return to:
Leone & Alberts - Louis Leone
2175 N. California Blvd., Suite 900

[phone]

copy/duplicate has not been
compared to original docume11t

Walnut Creek, CA 94596

18J ATTORNEY FOR

D ASSIGNEE OF RECORD

18J JUDGMENT CREDITOR

NAME OF COURT:
STREET
ADDRESS:
MAILING
ADDRESS:

1301 Clay St# 400S

CITY, STATE, ZIP:

08/29/2017,2~ 170157090

U.S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

Oakland, CA 94612

PHONE NUMBER:

FOR RECORDER'S USE ONLY

PLAINTIFF:

Michael Garedakis et al.

DEFENDANT:

Brentwood Union School District

ABSTRACT OF JUDGEMENT

CASE
NUMBER:

D Amended

4:14-cv-04799-PJH
FOR COURT USE ONLY

The Jg) judgment creditor
0 assignee of record
applies for an abstract of judgment and represents the following:

1.

a.

Judgment debtor's
Name and last known address
Michael Garedakis
1383 Bryan Lane
Gardnerville, NV 89410

b.

Driver's license# and state:

c.

Social Security#:

d.

Summons or notice of entry of sister-state judgment was personally served or
mailed to (name and address):

e.

0 Original abstract recorded in this county:
(a)

Date:

D Unknown

f.

l8J Information on additional judgmenf debtors
is shown on page two.

Date:

(b)

l8J Unknown
REDACTED

Instrument#:

Louis A. Leone
(TYPE OR PRINT NAME)

2.

a.

Jg)

b. 0 A certified copy of the judgment is attached.
3.

6.

Total amount of judgment as entered or last renewed:
$578,854.20

7.

I certify that the following is a true and correct abstract of
the judgment entered in this action.

0 An D execution lien
Dattachment lien
is endorsed on the judgment as follows:
a. 0 Amount $:

Judgment creditor (name and address) :

Brentwood Union School District, c/o Leone & Alberts
2175 N. California Blvd, Suite 900 Walnut Creek, CA94596
4.

Judgment debtor (full name as it appears in judgment):

5.

a. Judgment entered on (date):

b. D In favor of (name and address) :

8.
July 13, 2017

b. 0 been ordered by the court effective until (date):

b. Renewal entered on (date):
9.
[SEAL]

A stay of enforcement has:
a. l8J not been ordered by the court

0 This judgment is an installment judgment.

This abstract issued on (date):

AUG 25. 2017.

CYNTHIA LENAHAN
Clerk, by

Form Adopted for Mandatory Use
Judicial Council of California
EJ-001 [Rev. January 1, 2003]

ABSTRACT OF JUDGMENT
(CIVIL)

, Deputy
Page 1of2
Code of Civil Procedure, §§ 488.460
674, 700. 190
American LegalNet, Inc.
www.USCourtForms.com

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