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Craig Yates, An Individual v. Turtle Tower Restaurant

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


May 23, 2011

CRAIG YATES, AN INDIVIDUAL,
PLAINTIFF,
v.
TURTLE TOWER RESTAURANT,
CITI PROPERTIES DE LLC, A DELAWARE LIMITED LIABILITY COMPANY AND
PHAM LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,
DEFENDANTS.

The opinion of the court was delivered by: Honorable Bernard Zimmerman United States Magistrate Judge

Renee Welze Livingston (SBN 124280) Jason G. Gong (SBN 181298) LIVINGSTON LAW FIRM A Professional Corporation 1600 South Main Street, Suite 280 Walnut Creek, CA 94596 Tel: (925) 952-9880 Fax: (925) 952-9881 Attorneys for Defendant TURTLE TOWER RESTAURANT

STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

Complaint Filed: July 27, 2010

Trial Date: None

Plaintiff CRAIG YATES ("plaintiff"), an individual, and Defendant TURTLE TOWER RESTAURANT ("defendant Turtle Tower"), by and through their respective counsel of record, 20 hereby request and make the following stipulation:

1. Whereas, plaintiff, having not received a responsive pleading from defendant CITI PROPERTIES DE LLC, a Delaware limited liability company ("CITI PROPERTIES"), and 23 having not received any communication in response to inquiries made by plaintiff's counsel to 24 counsel for defendant CITI PROPERTIES concerning defendant's answer;

2. Whereas, plaintiff subsequently investigated and discovered that the ownership interest once held by defendant CITI PROPERTIES in 631 Larkin Street, San Francisco, CA 94109 (the property where the Turtle Tower Restaurant is located) had been judicially foreclosed 28 by the San Francisco Superior Court in the matter of WBCMT 2007-C31 Buchanan Street, Ltd. v. Ritz Apartments DE, LLC, et al., (S.F. Superior Court Case No. CGC-09-488876) in favor of 2 plaintiff WBCMT 2007-C31 Buchanan Street, Ltd.;

3. Whereas, the judicial foreclosure proceeding transferred title and ownership interest in the property located at 631 Larkin Street from defendant CITI PROPERTIES to WBCMT 2007-C31 Buchanan Street, Ltd.;

4. Whereas, plaintiff seeks to prosecute his action against the owner of the Turtle Tower Restaurant and the owner of the property located at 631 Larkin Street;

5. Whereas, defendant Turtle Tower previously filed its answer to plaintiff's complaint on October 5, 2010;

IT IS SO STIPULATED:

That plaintiff may file a First Amended Complaint to name WBCMT 2007-C31 Buchanan Street, Ltd. as a defendant and that the answer previously filed by defendant Turtle Tower on October 5, 2010 may serve as defendant's answer to the First Amended Complaint.

Respectfully submitted,

ORDER

IT IS HEREBY ORDERED that plaintiff CRAIG YATES, an individual, may file a First Amended Complaint in this matter and that the answer previously filed by defendant Turtle Tower on October 5, 2010 may serve as defendant's answer to the First Amended Complaint.

DATED: May _____, 2011 _____________________________________

20110523

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