DeclarationCal. Super. - 6th Dist.August 11, 2015CI‘ BYPAX \OMQQMAUJN 10 11 12 14 15. 16 l7 18 19 20 21 22 23 24 25 26 27 28 1... 77"" "P‘um 2’2 f' " -4 " WRIGHT, FINLAY & ZAK, LLP Robin P. Wright, Esq: SBN 150984 U08 Bradford‘E. Klein, Esq., SBN 259252 Richard J. Lee: Esq, SBN 268713 4665 MacArthur Court, Suite 200 Newpon Beach, CA 92660 Te]: (949) 477-5050; Fax: (949) 477-9200 m’right@wrightlegaj.net; bklein@wrightlega1.net; rlee@wrightlegal.net Aflomeys for Defendant, PLM LENDER SERVICES, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA PATRICK I. DOUGHERTY, Case No.: 115CV284222 DECLARATION 0F BRADFORD E. KLEIN REGARDING THE‘OSC RE: FAILURE TO APPEAR Plaintiff, vs. JAMES \VALKER; PLM LENDER SERVICES, INC; and DOES 1-100, InclusNe, Hearing Date: Date: February 4, 2016 VVVVVVVVVVVVVVVVVV Time: 10:00 am. Defendants. Dept. Dept. 8 ,r 1, Bradford E. Klein: declare: 1. 1 am an attomey duly licensed to practice law in the State of California, and am an associate with the law firm of Wright, Finlay & Zak, LLP (“WFZ”), anomeys of record for Defendant PLM LENDER SERVICES, INC. (“Defendant” or “PLM”), in the above-captioned matter. 1 DECLARATION OF BRADFORD E. KLEIN REGARDING THE OSC RE: FAILURE TO APPEAR 2016 JAN 25 p 2: L4.) \OMQQMA 2. ' Ihave personal knowledge of the facts set forth herein, and ifcalled as a witness, I could and would competently testify thereto. 3. I make this declaration in response to the Court’s order to show cause (“OSC”) regarding my involuntary failure to appear at 1he December 28, 201 5, Case Management Conference. 4. Prior to receiving notice of the OSC, I was unaware that there was a Case Management Conference, or I would have amended or would have made arrangement for one of the firm’s other associates to appear in my place. 5. After receiving notice ofthe OSC, and having reviewed my office records, it has come lo my attention that our failure to attend was due to clerical oversight in that the hearing date was not placed on the firm’s master calendar. As a result, my failure Io attend was unintentional and I will take every precaution to assure that it does not happen again. 6. ’ Had Ibeen aware of the CMC, I would have timely filed a CMC Statement and appeared either in person or via Court Call for this hearing or would have requested one of the firm’s other associates to do so in my stead. 7. I sincerely apologize to the honorable COurt for any disruption or disorder my absence fi'om the CMC may have caused to the Court or to any parties in this action _ I declare under the penalty of perjury of the laws of the State of California that the foregoing is true and correct that this declaration was executed on January 25, 2016, at Newport Beach, California. fl flm‘.‘\\/ /\WM -_-./ \/ Wu :T/ K Bradford E. ‘ Declar'Em\\ .\_\\ , DECLARATION OF BRADFORD E. KLEIN REGARDING TI-E OSC RE: FAILURE TO APPEAR l0 10 1] 12 13 l4 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 WE???- ‘1 1 .11 1}»u I .1 PROOF OF SERVICE 20 ; £8425 p 23 22 I am_ employed in the County of Orange, State of California. I am ovc ‘ g-gfgi‘gthEQIL-S)‘ and not a party to the within action. My business address is 4665 MacArthur 1 " "te‘EZO'OVLN’e'AX/fiért Beach, California 92660. I am readily familiar with the practices of Wright, Filfla ‘W‘bfigyfifgg- collection and processing of correspondence for mailing with the United States Postal Service. Such correspondence is deposited with the United States Posta] Service the» same day in the ordinary course of business. 1 am aware that on motion of party served, service is presumed invalid ifpostal cancellation date or postage meter date is more than one day after date of deposit for mailing in afiidavit. On January 25, 2016, I served the within DECLARATION OF BRADFORD E. KLEW REGARDING THE OSC RE: FAILURE TO APPEAR on a1] interested parties in this acn'on as follows: 1, Steven E. Bennett, declare as follows: [ ] by placing [ ] the original [X] a true copy thereofenc1osed in sealed envelope(s) addressed as follows: Patrick .1. Dougheny 523 Park Meadow Court San Jose, CA 95 129 408-234-3329 In Pro Per (Sub ofattomey 12/1 8/15) Henry Chuang, Esq. Law Offices of Peter N. Brewer 2501 Park Bivd., 2"” Floor Palo Alto, CA 94306 Tel: (650) 327-2900 Ext. 20 Fax: 650-327-5959 [X] (BY MAIL SERVICE) Iplaced such envelope(s) for collection t0 be mailed on this date following ordinary business practices. 1] (BY CERTIFIED MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date fol1owing ordinary business practices; via Certified Mai], Return Receipt Requested. [ ] (BY PERSONAL SERVICE) I caused personal delivery by ATTORNEY SERVICE of said document(s) to the offices of the addressee(s) as set forth on the attached service list. 1 ] (BY FACSlMILE) The facsimile machine i used, with telephone no. (949) 477-9200, complied with California Rules of Court, Rule 2003, and no error was reported by the machine. Pursuant to California Rules of Court, Rule 2006(d), l caused the machine to print a transmission record of the transmission, a copy of which is attached to the original Proof of Service. [ 1 - (BY GOLDEN STATE OVERNIGHT. NEXT DAY DELIVERY) 1 placed true and comet copies thereof enclosed in a package designated by Golden State Overnight with the delivery fees provided for. 1 PROOF OF SERVICE .fl ~ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 11, [X] [] (CM/ECF Electronic Filing) 1 caused the above document(s) to bc transmitted to the officc(s) of the addressee(s) listed by electronic mail a1 the e-mail address(es) set forth above pursuant to Fed.R.Civ.P.5(b)(2)(E). “A Notice of Electronic Filing (NEF) is generated automatically by the ECF system upon complexion of an electronic filing. The NEE when e-mailed to the e~mail address of record in the case, shall constitute the proof of service as required by ch.R.Civ.P.5(b)(2)(E). A copy 0f the NEF shall be attached to any document served in the traditional manner upon any party appearing pro se.” (State) I declare under penalty ofperjury under the law ofthe State of California that the foregoing is true and correct. (Federal) I declare under penalty ofperjury under the laws of the United States ofAmerica that the foregoing is true and correct. Executed on January 25, 2016, at Newport Beach, California. ////1%Mze Steven E. Bennett 2 PROOF OF SERVICE