Declaration

Cal. Super. - 6th Dist.December 12, 2019

\DOONONUl-bUJNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQQUI-hUJNHOKDOONQUl-bWNHO 1QCV360088 Santa Clara - Civil Timothy F. Umbreit SBN 145932 4701 Cartwright Avenue Toluca Lake, CA 9 1 602 818-535-7381 (V) tim@timumbreit.com Attorney for Defendant: Bing Sokolsky Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/30/2020 11:21 AM Reviewed By: L. Nguyen Case #1 9CV360088 Envelope: 5551 857 SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA LOCKSMITH EMERGENCY SOLUTIONS, INC, et a1 Plaintiffs, vs. DIAGNOSTIC AUTO LAB, Defendants LLC, et a1 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) I, Timothy F. Umbreit declare Case No.2 19CV360088 Assigned for all purposes to: Hon. Judge Maureen A. Folan Dept: 6 DECLARATION OF TIMOTHY F. UMBREIT IN SUPPORT OF REPLY MEMORANDUM TO PLAINTIFFS’ OPPOSITION TO MOTION TO TRANSFER First Amended Complaint Filed: July 22, 2020 Trial Date: Not Set Hearing Date: 01-07-2021 Time: 9:00 am. Dept: 6 1. I am the attorney for the defendant, Bing Sokolsky in the above captioned case; I am over the age of 18 and I am competent t0 testify to the matters set forth herein and I do so testify 0n my own personal knowledge. Declaration 0f Timothy F. Umbreit 1 \DOONONUl-bUJNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQQUI-hUJNHOKDOONQUl-bWNHO 10. From August 31, 2020 to September 18, 2020, I exchanged 7 lengthy emails and had many telephone conversations with Mr. Yellin, Plaintiffs’ attorney t0 no avail. . A11 0f the grounds supporting the motion to transfer as well as the underlying facts of the case were provided to Mr. Yellin several times. The facts supporting the transfer were never in dispute but Mr. Yellin would not commit to the stipulation instead took every opportunity over 3 weeks to push for a settlement. It was not until the Motion t0 Transfer was submitted for filing and served on Mr. Yellin that he finally agreed to the transfer. By that time, all the work on the motion was done. The attorney’s fees were incurred by Sokolsky. Unfortunately, the filing was rejected 0n September 30th. The filing was resubmitted the same day and was accepted on October 6th. The purpose of resubmitting the motion for filing (which was ultimately accepted) was to recoup the fees incurred due t0 Plaintiffs’ refusal t0 stipulate in 3 weeks. I declare under the penalty 0f perjury under the laws of the State of California that the foregoing is true and correct and I executed this declaration on the date below in Los Angeles, CA. Dated: December 30, 2020 Timothy F. Umbreit Declaration 0f Timothy F. Umbreit 2 \DOOQONUl-bUJNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI-hUJNi-‘OKDOONONUl-bWNi-‘O PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County 0f Los Angeles, State 0f California. I am over the age 0f 18 and not a party t0 the within action. My business address is 4701 Cartwright Ave., Toluca Lake, CA 91602. On the date below, I served the following document described as DECLARATION OF TIMOTHY F. UMBREIT IN SUPPORT OF REPLY MEMORANDUM TO PLAINTIFFS’ OPPOSITION TO MOTION TO TRANSFER on all interested parties in this action as indicated 0n the ATTACHED SERVICE LIST: [X] BY MAIL, CCP §1013a. 0r FRCiVP 5(b)(1),(2)(C) where indicated [X] I deposited such envelope in the mail at Los Angeles, California. The envelope was mailed With postage thereon fully prepaid. [X] BY EMAIL The parties, through their attorneys have either: stipulated and agreed in writing t0 the service 0f all pleadings, discovery and other documents required to be served by email pursuant to CCP § 1010.6, CRC 2.25 1; 0r have manifested affirmative consent through electronic means With the court 0r the court’s electronic filing service provider CRC 2.25 1(b).The email address is indicated on the attached service list Where indicated [X] STATE: I declare under penalty 0f perjury under the laws of the State of California that the above is true and correct. Executed 0n December 30, 2020 at Los Angeles, California.W Timothy F. Umbreit SERVICE LIST Abid Aziz and by email Pavel Kouprine and by email abid@ azizyellin.com Law Offices 0f Pavel Kouprine Sruli Yellin pavel@kouprinelaw.com sruli@azizyellin.com 13561 Moorpaark St., Ste 700 Aziz Yellin LLP Sherman Oaks, CA 91423 996 Minnesota Ave., Ste 204 Attorney for Defendant: Diagnostic Auto Lab, Inc. San Jose, CA 95125 Attorney for Plaintiffs Nicholas W. Spigner and by email Spiegel & Utrera PC 8939 S. Sepulveda B1Vd., suite 400 Los Angeles, CA 90045 attorneyspigner@amerilawyer.com Attorneys for Defendant: Andrew Demetry Proof 0f Service Page 1 0f 1