Stipulation and OrderCal. Super. - 6th Dist.August 11, 2015YTE [\J L5) Ui 0000\10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOHN A. SHEPARDSON, Esq, SBN 12908] 59 N. Santa Cruz Avew Ste. Q Los Gatos, CA 95030 FILED Santa Clara County 10/28/15 10:20am Dayld H. Yamasaki Chlef Executive foicér By: francesm DTSCLK011136Teh(408)395-3701 I n Fax:(408)395-0112 g§¢01500089782 $20.00 TL $20. oAttorneys for Plaimifi, PATRICK J. DOUGHERTY Easy l 15 CV “8/ 023' ' ‘ ‘4 4.. WRIGHT, FINLAY & ZAK, LLP Robin P. Wn'gbt: Esq: SBN 150984 Bradford E. Klein, Esq., SBN 259252 Richard .1. Lee, Esq, SBN 268713 4665 MacAnhur Court, Suite 200 Newport Beach, CA 92660 Tel: (949) 477-5050; Fax: (949) 608-9142 rwright@wrigh!1ega1.net; bklein@wn'gbtlega1.net; rlee@wrightlegal1net Attorneys for Defendant, PLM LENDER SERVICES, lNC._ SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY 0F SANTA CLARA ) Case No.: 115CV284222 ) ) STIP'ULATION TO CONTINUE, ) DEFENDANT PLM LENDER SERVICES, vs. ) INC’S DEMURRER AND MOTION TO ) STRIKE PORTIONS OF I’LAINTIFF’S ) COMPLAINT; [PROPOSED] ORDER PATRICK J. DOUGHERTY, Plaintiff, JAMES WALKER; PLM LENDER SERVICES, INC; and DOES 1-100, ) Inclusive, ) Current Date : November 10, 2015 ) Time : 9:00 a.m. Defendants. ) Place : Dept. D-08 ) ) New Date : December 1, 2015 ) Time. : 9:00 am. ) Place : Dept. D-OS ) (Or as ordered by the Court.) ) ). \TO THE HONORABLE COURT AND ALL PARTIES OF INTEREST: 1 STTPULATION TO CONTINUE DEFENDANT PLM LENDER SERVICES, INC’S DEMURRER AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT >-__ _.___... ___ ‘5.» .-._.. ‘2 \OOOQGU‘QWMH NNNNNNNNN-‘h‘I-i mqo‘mhmmHow‘manE‘JBZ’é‘ .-..._ -_.. 7...--. .........._,-....._-.. ‘..,.....-...- ..--....... Defendant PLM LENDER SERVICES, INC. (“FLA ” 0r “Defendanfl, by and through its counsel ofrecord, Wrighp Finlay & Zak, LLP, and Plaintiff PATRICK J. DOUGHERTY (“Plaintiff‘),by and through his counsel of record, John A. Shepardson, Esq, hereby stipulate as follows: WHEREAS, on or about October S, 2015, Defendant filed a Demurrcr and Motion to Swike Portions of Plaintiff‘s Complaint set to be heard on November 10, 2015 at 9:00 am. in Department “D-O8" of the above-entitled court. WHEREAS, Plaintiffpropoundcd written discovery requests on Defendant. Plaintiff and Defendant have agreed to an extension to November 5, 2015 for Defendant to respond. WHEREAS, both Plaintifi and Defendant agree to have the Demurrer and Motion to Strike Portions of Plaintiff’s Complaint continued to December 1, 2015 or a date Ihéreafler that is convenient for the Conn; WHEREAS, there will be no prejudice to any party by continuing the Demurrer and Motion to Strike Portions of Plaintifi‘s Complaint to December l, 2015, or to a date convenient to the Court; IT IS HEREBY STIPULATED AND AGREED by and between the parties to this action, through their counsel of record: ' l. That Defendant’s responses to Plaintiff’s written discovery shall be due by November 5, 2015. ‘ 2. That Defendant’s Demurrer and Motion to Strike Portions of Plaintiff‘s Complaint currently scheduled for November 10, 201 S, at 9:00 am. in Department “D-O8" ofthe above-captioned court, be continued to December 1, 2015, at 9:00 am. in Department “D-OS” of the above-captioned court, or to a date convenient to the coun'. Respectfully submitted, Dated: October/i, 2015 By: eys for Plaintiff, PATRICK J. DOUGHERTY 2 STIPULATION TO CONTINUE DEFENDANT PLM LENDER SERVICES, INC’S DEMURRER AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT Lu \OmflQUI-b 10 1] l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WRIGHT, FINLAY & Z-AK, L-LP Dated: October Z_O, 201 5 By; I WZ Robin P1 Wrighg Esq, Bradford E. Klein, Esq, Richard J. Lee, Esq, Anomeys for Defendant, PLM LENDER SERVICES, INC. 3 STIPULATION TO CONTINUE DEFENDANT PLM LENDER SERVICES, INC’S DBMURRER AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS COMPLAINT -2 b) OWOOVOUI-b M Based 0n the Stipulation ofthe Parties; iI is hereby ORDERED as follows: 1. Thai Defendant’s Demurrcr and Motion to Sm'ke Portions of Plaintifi‘s Complaint currently scheduled for November 10, 201 5, at 9:00 am. in Department “D-OS” ofme above-capu'oned court, , be continued to December 1, 20] 5, at 9:00 am. in Department “DOS” OfIhe above-captioned Court, or lo , at a.m./p.m. in Department “D- 08” of the above--captioned coun. 2. Any Opposition shall be filed no later than , 201 5 and be served by overnight mail. 3. Any reply papers shall be filed no later than 2015 and be served by overnight mail. Dated: l. 0‘ Z1 ”’5 Su rior CourY judge / udge Maureen A. Folan 1 [PROPOSED] ORDER 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF 0F. SERVICE I, Steven E. Bennett, declare as follows: I am employed 1n the County of Orange, State of California. I am over the age ofeighteen (1 8) and not a party to the. within action. My business address is 4665 MacArthur Court, Suite 200, Newport Beach, California 92660. I am readily familiar with the practices of Wright, Finlay & Zak, LLP: for collection and processing ofcorrespondence for mailing with the United States Postal Service. Such correspondence is deposited with the United States Postal Service the same day in the ordinary course of business. I am aware that on motion ofparty serve¢ service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. On October 21, 2015, I served the within STIPULATION T0 CONTINUE DEFENDANT PLM LENDER SERVICES, INC’S DEMURRER AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT; [PROPOSED] ORDER on 1111 interested parties in this action as follows: [ ] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows: John A. Shepardson 59 N. Santa Cruz Ave. Ste. Q Los Gates, CA 95030, (408) 395-370] Attorney for Patrick J. Daugherty [X] (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date following ordinary business practices. [] (BY CERT1FIED MAIL SERVICE) I p1aced such envelope(s) for conectton to be maued on this date following ordinary business practices, via Certified Mail, Return Receipt Requested. [ ] (BY PERSONAL SERVICE) 1 caused persona1 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 FACSIMILE) The facsimne machine 1 used, with telephone no. (949) 477-9200, comphed with California Rules ofCourt, Rule 2003, and no error was reported by the machine. Pursuant to California Rules of Court, Rule 2006(d), I caused the machine to print a transmission record of the transmission, a copy of which is attached to the original ProofofService. [ ] (BY GOLDEN STATE OVERNIGHT. NEXT DAY DELIVERY) 1 p1aced hue and correct copies thereof enclosed in a package designated by Golden State Overnight with the delivery fees provided for. I] (CM/ECF Electronic Filing) I caused the above document(s) to be transmitted to the office(s) of the addressee(s) listed by electronic mail at the e-mail address(es) set forth abo've pursuant to Fed.R.Civ.P.5(b)(2)(E). “A Notice of Electronic Filing (NEF) is generated automatically by the ECF system upon completion ofan electronic filing. The NEF, when e-mailed t0 the e-mail address of record in the case, shall constitute the proof of service as tequired by Fed.R.Civ.P.5(b)(2)(E). A copy ofthe NEF shall be attached to any'document served in the traditional manner upon any party appealing pro se.” 1 PROOF OF SERVICE [X] (State) I declare under penalty ofperjury under the law ofthe State of California ihat the foregoing is true and correct. (Federal) I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on October 21, 2015, at Newport Beach, California. XJ/émg Steven E. Bennett 2 PROOF OF SERVICE