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Craig Yates, An Individual v. Mangosteen; Citi Properties De LLC

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


May 25, 2011

CRAIG YATES, AN INDIVIDUAL,
PLAINTIFF,
v.
MANGOSTEEN; CITI PROPERTIES DE LLC, A DELAWARE LIMITED LIABILITY COMPANY; AND PHILIP TRI NGUYEN, AN INDIVIDUAL DBA MANGOSTEEN, DEFENDANTS.

The opinion of the court was delivered by: Honorable Richard Seeborg United States District Judge

Complaint Filed: August 23, 2010 Trial Date:None

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

Plaintiff CRAIG YATES ("plaintiff"), an individual, and defendant Philip Tri Nguyen, an individual dba MANGOSTEEN ("defendant"), by and through their respective counsel of 21 record, 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 24 having not received any communication in response to inquiries made by plaintiff's counsel to 25 counsel for defendant CITI PROPERTIES concerning defendant's answer;

2. Whereas, plaintiff subsequently investigated and discovered that the ownership 27 interest once held by defendant CITI PROPERTIES in 601 Larkin Street, San Francisco, CA 28 94109 (the property where the Mangosteen Restaurant is located) had been judicially foreclosed by the San Francisco Superior Court in the matter of WBCMT 2007-C31 Buchanan Street, Ltd. v. 2 Ritz Apartments DE, LLC, et al., (S.F. Superior Court Case No. CGC-09-488876) in favor of 3 plaintiff WBCMT 2007-C31 Buchanan Street, Ltd.; 4

3. Whereas, the judicial foreclosure proceeding transferred title and ownership interest

5 in the property located at 601 Larkin Street from defendant CITI PROPERTIES to WBCMT 6 2007-C31 Buchanan Street, Ltd.; 7

4. Whereas, plaintiff seeks to prosecute his action against the owner of the Mangosteen Restaurant and the owner of the property located at 601 Larkin Street;

5. Whereas, defendant Philip Tri Nguyen, an individual dba MANGOSTEEN, 10 previously filed an answer to plaintiff's complaint on November 15, 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 Philip Tri Nguyen, an individual dba MANGOSTEEN, on November 15, 2010 may serve as defendant's 15 answer to the First Amended Complaint. Respectfully submitted,

Dated: May 20, 2011

THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION Thomas E. Frankovich By: Thomas E. Frankovich Attorneys for Plaintiff CRAIG YATES, an individual Dated: May 20, 2011 LIVINGSTON LAW FIRM Jason G. Gong By: Jason G. Gong Attorneys for Defendant Philip Tri Nguyen, an individual dba MANGOSTEEN

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 Philip Tri Nguyen, an individual dba MANGOSTEEN, on November 15, 2010 may serve as 5 defendant's answer to the First Amended Complaint.

20110525

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