DeclarationCal. Super. - 6th Dist.February 3, 2021©WQONUI£UJNH NNNNNNNNr-xr-xr-xr-xr-xr-xr-xu-xp-tu-x \Iaxu-hwnr-xcccoxlcxmthr-xc 28 COLLINS+ COLLINS u. 790 E. Colorado Boulevard Suite 600 Pasadena, CA 91101 Phone (626) 243-1100 Fax (626) 243-11 11 Robert H. Stellwagen, Jr., Esq., (State Bar N0. 150560) E'eCtronically Filed Nicholas R. Colletti, Esq. (State Bar No. 283947) by Superior Court of CA, COLLINS + COLLINS LLP County of Santa Clara, 790 E. Colorado Boulevard, Suite 600 0n 12/1 3/2021 4:37 PM Pasadena, CA 91101 Reviewed By: R. Tien (626) 243-1100 - FAX (626) 243-1111 Case #21 CV377043 rstellwagen@ccllp.law EnveIOpe: 785441 6 ncolletti@ccllp.law Attorneys for Marsha Edick and API Services SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA- DOWNTOWN SUPERIOR COURT RANDALL SHULER, CASE NO. 21CV377043 [Assigned t0 Hon. Drew C. Takaichi, Dept. 2] Plaintiffs, DECLARATION OF NICHOLAS R. COLLETTI IN SUPPORT OF SPECIAL MOTION TO STRIKE PLAINTIFF RANDALL SHULER’S COMPLAINT VS. MARSHA EDICK, API SERVICES, and DOES 1 through 10, [Filed concurrently with the Declarations osz'cholas R. Defendants. Colletti; Requestfor Judicial Notice, [Proposed] Order] Complaint Filed: 02/03/2021 Trial Date: None vvvvvvvvvvvvvvvvv DECLARATION OF NICHOLAS R. COLLETTI. I, Nicholas R. Colletti, declare as follows: 1. I am an attorney admitted t0 practice before the courts of the State of California and am a associate with the law firm 0f Collins + Collins LLP, counsel 0f record for Defendants MARSHA EDICK and API SERVICES, (collectively, “Defendants”) I have personal knowledge of the facts contained herein, and if called to testify, I could and would competently d0 so. 2. This declaration is made in support 0f the Defendant’s Anti-SLAPP Motion and in 23490 1 DECLARATION IN SUPPORT OF DEFENDANTS’ ANTI-SLAPP MOTION ©WQONUIBUJNH NNNNNNNNr-xr-xr-xr-xr-xr-xr-xu-xp-tu-x \chu-hwwwcccoxlcxmthr-xc 28 COLLINS+ COLLINS u. 790 E. Colorado Boulevard Suite 600 Pasadena, CA 91101 Phone (626) 243-1100 Fax (626) 243-11 11 support of Defendant’s request for attorneys’ fees and costs pursuant to Code 0f Civil Procedure section 425.16(c)(1). 3. Plaintiff filed his Complaint against Defendant on February 3, 2021. 4. Plaintiff served his Complaint Via defective substituted serves to Defendant on October 6, 2021. 4. The deadline to file this Anti-SLAPP Motion is December 6, 2021. 5. Pursuant to Code 0f Civil Procedure section 425. 16(f), a special motion t0 strike shall be scheduled by the clerk 0f the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing. 6. Prior to filing this Motion, my office was unable to reach the clerk to identify or reserve a filing date. This, combined With Code stating that the clerk will schedule the hearing date, I am at this time unable to know the exact hearing date the clerk Will select. 7. Accompanying this Motion and this Declaration, Ihave included Requests for Judicial Notice of the following documents regarding previous litigation and orders directly concerning Plaintiff in Superior Court of California, County of Santa Clara, Case Number 16DV019635 entitled Nemac v. Shuler: A. September 12, 2016 Form DV-130 Restraining Order After Hearing, Which concerns the initial restraining order granted and issued against Plaintiffby petitioner, Jennifer Nemac. B. November 4, 2020 Form DV-730 Order t0 Renew Domestic Violence Restraining Order, Which concerns the permanent restraining order against Plaintiff, and the Court’s determination that Plaintiff is a vexatious litigant. C. November 4, 2020 Minute Order, which concerns the permanent restraining order against Plaintiff, and the Court’s determination that Plaintiff is a vexatious litigant. D. December 3, 2020 Findings and Order After Hearing, Which concerns the Court’s determination that Plaintiff was deemed a vexatious litigant, that he is not permitted t0 file any new litigation in any Court 0f the State in pro per Without first obtaining leave form the presiding judge 0f the Court Where the litigation is proposed, and that 23490 2 DECLARATION IN SUPPORT OF DEFENDANTS’ ANTI-SLAPP MOTION ©WQONUIBUJNH NNNNNNNNh-th-th-th-th-th-th-tt-th-tr-t \IQUI-thr-tcwcoqchI-BWNHc 28 COLLINS+ COLLINS u. 790 E. Colorado Boulevard Suite 600 Pasadena, CA 91101 Phone (626) 243-1100 Fax (626) 243-11 11 absent permission from the presiding judge, Plaintiffmust post a bond 0f $100,000.00 in favor of the opposing party as a condition of filing any litigation. E. December 3, 2020 Prefiling Order-Vexatious Litigant, Which concerns the Court’s determination that Plaintiff is a vexatious litigant. F. Current Judicial Counsel 0f California Vexatious Litigant List, which names Plaintff. 8. I also have requested the Court take judicial notice of Plaintiff” s Complaint. 9. Based upon my review 0f the pertinent documents associated With this matter, it appears that Plaintiff failed to comply With the Court’s order’s concerning his status as a vexatious litigant. Specifically, Plaintiff does not appear t0 have obtained permission from the Court t0 file his Complaint, nor did Plaintiff post $100,000.00 bond. 10. In total, I spent approximately 33.4 hours on this Anti-SLAPP Motion. The time I spent on this Anti-SLAPP Motion included review and analysis of the Complaint, researching and evaluating Plaintiff‘s cause 0f action and review and analysis 0f pertinent, relevant, persuasive, and controlling case law, review and analysis of Plaintiff” s myriad prior law suits and associated orders, communicating With my client, drafting, reviewing, and revising this Anti-SLAPP Motion, and preparing exhibits, request for judicial notice, proposed order, and this declaration in support of the Motion. 11. My rate for legal services provided is $350.00/h0ur Which is a reasonable rate for attorneys With my experience in the Southern California area for matters similar to this case. 12. I anticipate spending approximately 20 additional hours in reviewing and analyzing Plaintiff s opposition, drafting, reviewing, and revising a reply to said opposition, and preparing for the hearing on this motion. /// /// /// /// /// /// 23490 3 DECLARATION IN SUPPORT OF DEFENDANTS’ ANTI-SLAPP MOTION ©WQONUI£UJNH NNNNNNNNr-xr-xr-xr-xr-xr-xr-xu-xp-tu-x qcxm-nwwwcccoxlcxmthr-xc 28 COLLINS+ COLLINS u. 790 E. Colorado Boulevard Suite 600 Pasadena, CA 91101 Phone (626) 243-1100 Fax (626) 243-11 11 10. Therefore, Ipursuant t0 Code 0f Civil Procedure, section 425.16(c)(1), I am respectfully requesting this Court, upon granting Defendant’ s motion, further awards attorney’s fees in the amount 0f $1 1,690.00 for the 33.4 hours already spent 0n this Anti-SLAPP Motion, and an additional $7,000.00 for the 20 hours I anticipate spending from now until the hearing of this matter, for a total of $18,690.00. I declare under penalty 0f perjury under the laws of the State of California that the foregoing is true and correct. Executed in Carlsbad, California on this 3rd day ofDecember 2021. 'NICHOLAS R. COLLETTI 23490 4 DECLARATION IN SUPPORT OF DEFENDANTS’ ANTI-SLAPP MOTION \OWQONUIBUJNH NNNNNNNNr-xr-xr-xr-xr-xr-xr-xu-xp-tu-x \chu-hwwwcccoxlcxmthr-xc 28 COLLINS+ COLLINS u. 790 E. Colorado Boulevard Suite 600 Pasadena, CA 91101 Phone (626) 243-1100 Fax (626) 243-11 11 PROOF OF SERVICE (CCP §§ 1013(3) and 2015.5; FRCP 5) State of California, ss. County of San Diego. VVVV I am employed in the County of San Diego, State of California. I am over the age 0f 18 and not a patty t0 the Within action; my business address is 2011 Palomar Airport Rd., Suite 207, Carlsbad, California 9201 1. On this date, I served the foregoing document described as DECLARATION OF NICHOLAS R. COLLETTI IN SUPPORT 0F SPECIAL MOTION TO STRIKE PLAINTIFF RANDALL SHULER’S COMPLAINT E on the interested parties in this action by placing same in a sealed envelope, addressed as follows: Randall Shuler, in Pro Per P.O. Box 5713 San Jose, CA 95150 (415) 500-5952 PLAINTIFF, IN PRO PER E {BY MAIL! - I caused such envelope(s) with postage thereon fiJlly prepaid to be placed in the United States mail in Carlsba¢ California to be served 0n the patties as indicated 0n the attached service list. I am “readily familiar” With the firm’s practice 0f collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Carlsbad, California in the ordinary course 0f business. I am aware that on motion ofthe party served, service is presumed invalid if postal cancellation date 0r postage meter date is more than one day after date 0f deposit for mailing in affidavit. D (BY CERTIFIED MAIL) - I caused such envelope(s) with postage thereon fully prepaid Via Cettified Mail Retum Receipt Requested to be placed in the United States Mail in Carlsbad, California. D FEDERAL EXPRESS - I caused the envelope t0 be delivered to an authorized courier 0r driver authorized t0 receive documents With delivery fees provided for. D (BY ELECTRONIC FILING AND/OR SERVICE) - I served a true copy, With all exhibits, electronically on designated recipients listed 0n the attached service list. D gELECTRONIC SERVICE PER CODE CIV. PROC., § 1010.6) - By prior consent or request or as required by rules of court (Code CiV. Proc., § 1010.6 (amended Jan. 1, 2021); Code Civ. Proc., § 1013(g); Cal. Rules of Court, rule 2.251(a)). D (BY PERSONAL SERVICE) - I caused such envelope(s) t0 be delivered by hand t0 the office(s) of the addressee(s). Executed 011 December 3, 2021 at Carlsbad, California. E gSTATEQ - I declare under penalty of peljury under the laws 0fthe State 0f California that the above is true and correct. D QEDERA 1- I declare that I am employed 1n lce of a mber the bar of this court at Whose direction the service was made. *rAYLER ALHERS talfiers ccll .law 23490 5 DECLARATION IN SUPPORT OF DEFENDANTS’ ANTI-SLAPP MOTION