Request Postponement Small Claims

Cal. Super. - 6th Dist.May 15, 2020

Request to Postpone Trial Clerk stamps here when form is filed. See instructions on other side. O~ My name is: Airbnb, Inc. Mailing address: 888 Brannan St., 4'" Floor San Francisco, CA 94103 Phone: 855-424-7262 I am a (check one): plaintiff H defendant in this case. 02 My trial is now scheduled for (date): October 14, 2020 03 I ask the court to postpone my trial until (approximate date): After Janua 1, 2021 04 I am asking for this postponement because (explain): Ifyour answer will notfit in the space below, check this box and attach your answer on a separate sheet ofpaper. Write "SC-150, Item 4" at the top. See attached statement from Airbnb, Inc. Fillin the court name and street address Superior Court of California, County of Santa Clara Small Claims Division 191 N. First Street San Jose, CA 95113 Fill in your case number and case name: Case Number: 20SC083356 Case Name: Abooameri v. Airbnb, Inc. O~ If your trial is scheduled within the next 10 days, explain why you did not ask for a postponement sooner. Ifyour answer will notfit in the space below, check this box and attach your answer on a separate sheet ofpaper. Write "SC-150, Item 5" at the top. 06 Has your claim been served by a method allowed by law? (Seeform SC-I04B, What Is "ProofofService"?, for information about how the claim can be served. Check and complete all that apply): Ifyour answer will notfit in the space below, check this box and attach your answer on a separate sheet ofpaper. Write "SC-150, Item 6" at the top. a. H No. I am a defendant and have not filed a claim in this case. b. Yes. The parties listed below have been served: (1) , who lives in: , was served on: name date (2) , who lives in: , was served on: name county date c. No. The parties listed below have not been served (list names): (1) (2) d. I do not know. The court clerk mailed my claim, and I do not know if the court received the signed receipt for these parties (list names): (1) (2) county I declare under penalty of perjury under the laws of the State of California that the informatio above is true and correct. Date August 25, 2020 J. Summerfield for Airbnb, Inc. Type orprint your name Judicial Council of California, www.courfrnfo.ca.gov New July 1, 2010, Optional Form Code of Civil Procedures, S 116.570, Cal. Rules of Court, rule 3.2107 Sign here Request to Postpone Trial (Small Claims) SC-150 American LegalNet, inc. nWor F w corn ~ Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/26/2020 1:12 PM Reviewed By: D. Dagnino Case #20SC083356 Envelope: 4829581 Instructions for Form SC-150, Request to Postpone Trial (This page is not part ofForm SC-150 and does not need to be copied, served, orfiled) Who can use this form? ~ Anyone who filed a small claims case and wants to postpone or reschedule the trial for any good reason, including because he or she has not served all of the defendants ~ Anyone who was sued in a small claims case and wants to postpone or reschedule the trial for any good reason Do I have to use this form? No. You may write a letter instead of using this form. Your letter should explain why you want to change your court date and include the other information that is requested on this form. How do I ask for a postponement? ~ Fill out Form SC-150, Request to Postpone Trial, (on the other side of these instructions), or write a letter that includes the information requested on this form. ~ Have all other parties in your case served with a copy of your request. You may serve by mail or in person. Use Form SC-104, ProofofService, or Form SC-112A, ProofofService by Mail. ~ File your request and the completed ProofofService with the small claims court clerk. You may have to pay a $ 10 fee, depending on when (or if) the claim was served. If you cannot afford to pay a required fee, see Form FW-OOI-INFO, Information Sheet on 8'ai ver of Superior Court Fees and Costs. How will I know the court's decision? If the court postpones the trial, the court will mail a notice with the new hearing date to all plaintiffs and defendants in this case. If the court does not postpone the trial, the trial will be on the date when it is currently scheduled. The court will notify the person who filed the Request. If you do not hear from the court, you should go to court on the scheduled trial date. Need help? For free help, contact your county's small claims advisor: [loca I info here] Or go to "County-Specific court Information" at www.courtinfo.ca.govlseifhelpy'smallclaims New July 1, 2010 Request to Postpone Trial (Small Claims) SC-150 Amerlcnn LegnlNer, Inc. ww.For: 'gFI rw on SC-150 - Item 4 August 25, 2020 Superior Court of California County of Santa Clara Small Claims Division 191 North First Street San Jose, CA 95113 RE: Fand Abooameri k Airbnb, Inc. Small Claims Case Number: 20SC083356 To the Honorable Court: I am writing on behalf of Airbnb, Inc. ("Airbnb"), the named Defendant in the matter referenced above regarding Airbnb's Request to Postpone the small claims hearing in Santa Clara county, Case Number 20SC083356, currently scheduled for October 14, 2020. To protect our employees from the risk of infection from COVID-19, all Airbnb employees are working remotely and all business-related travel has been suspended through the end of the year. While Airbnb has an office located in San Francisco, California, the Airbnb representative who will attend this hearing works from and resides in Portland, Oregon. Therefore, Airbnb respectfully requests that this hearing be moved to a date after January 1, 2021, so that our employee representative can attend in person to defend our interests in this matter. Thank you for your consideration. Best Regards, J. Summerfield for Airbnb, Inc. Airbnb Legal PROOF OF SERVICE Abooameri v. Airbnb Santa Clara Small Claims Case No. 20SC083356 I am J. Summerfield for Airbnb, Inc., residing in the County of San Francisco, State of California. I am over the age of eighteen years and not a party to the within action. My business address is 888 Brannan St., 4th Floor, San Francisco, CA 94103. On August 26, 2020, I served the following document(s) described as DEFENDANT'S REQUEST TO POSTPONE TRIAL, on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST CI LLI K (3 ~ CD Z- Dl Z a& C z 0 I- CI 00 10 8 12 III 0I CD EO CCI& X &.p~ 14 Q ~ CD P .CD CL'Q N LII CD CII P CD 17 BY MAIL: I placed true copies of the foregoing document(s) enclosed in sealed envelopes addressed as shown on the Service List. I am "readily familiar" with the United States Postal Services'ractice for collecting and processing correspondence for mailing. Under that practice, it would be deposited with the United States Postal Service that same day in the ordinary course of business. Such envelope(s) were placed for collection and mailing with postage thereon fully prepaid at San Francisco, California, on that same day following ordinary business practices. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 26, 2020, at San Francisco, California. Is/ J. 5'ummerfield J. Summerfield 18 19 20 21 22 23 24 25 26 27 28 15401999.1:05000-0220 SERVICE LIST Legrand v. Airbnb Sacramento Small Claims Case No. 20SC02009 Farid Abooameri 5927 Exeter Court San Jose, CA 95138 Tel: (408) 504-5592 Plaintiff 10 LI Z LLI 0 ~ Z m Z ~Z eC N CI00 12 &n 13 IL p ~H", 15P~a~ 17 18 19 20 21 22 23 24 25 26 27 28 15401999.1 05000-0220