RequestCal. Super. - 6th Dist.February 9, 202110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV377606 Santa Clara - Civil R. Ngu Joshua A. Cohen, Esq. State Bar N0. 180293 Electronically Filed Jcohen@ccmslaw.com by Superior Court of CA, Taylor J. Pohle, Esq. State Bar No. 299794 county of Santa mara’ Tpohle@ccmslaw.com . COLLINS + COLLINS LLP ag‘zgzlezgg ?gszfl en 790 E. Colorado Blvd., Suite #600 y- - 9 y Pasadena, CA 91101 case #21 CV377606 (626) 243-1100 - FAX (626) 243-1111 Envelope: 6460066 Attorneys for Plaintiff HOHBACH REALTY COMPANY, LP SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA - CENTRAL DISTRICT HOHBACH REALTY COMPANY, LP, CASE NO. 21CV377606 Plaintiff, PLAINTIFF REQUEST FOR RATIFICATION OF EXTENSION OF vs. TIME TO RESPOND; EXHIBIT A NOTELEAF, INC., a Delaware Corporation and ACTIVEHOURS, INC., a Delaware Complaint Filed: February 9, 2021 Corporation; and DOES 1 to 10 inclusive, CMC Date: June 22, 2021 Trial Date: None Defendants. PlaintiffHOHBACH REALTY COMPANY, LP, (“Hohbach”) hereby requests that the court ratify and approve by execution of the below order, the extension granted to a non- appearing Defendant Activehours, Inc. Hohbach and Activehours, by counsel, have been discussing alternatives to litigation between these two parties and need additional time to do so to accomplish the goals of such an arrangement. Plaintiff has agreed to extend the time for Activehours t0 respond in any manner until May 3 1 , 2021. Plaintiff intends t0 formalize an arrangement for such an alternative resolution or require Activehours to formally respond prior to the next hearing date 0f June 22, 202 1. The other named defendants are not party to the discussions and no delays were granted thereto. APPLICATION TO EXTEND TIME FOR DEFENDANT TO RESPOND TO COMPLAINT en 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attached hereto as Exhibit A, is a stipulation related t0 the extension drafted with the understanding that plaintiff would seek to have the agreement to extend time t0 response ratified and approved. Based upon the stipulation attached as Exhibit A With the not yet appearing Defendant, and Plaintiff, as well as the 0n going discussions t0 avoid litigation, Plaintiff hereby requests that the Court ratify and approve the extension granted by Plaintiff under the circumstances. DATED: May 11, 2021 COLLINS + COLLINS LLP -2- APPLICATION TO EXTEND TIME FOR DEFENDANT TO RESPOND TO COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA - CENTRAL DISTRICT HOHBACH REALTY COMPANY, LP, Plaintiff, vs. NOTELEAF, INC, a Delaware Corporation and ACTIVEHOURS, INC., a Delaware Corporation; and DOES 1 t0 10 inclusive, Defendants. CASE NO. 21CV377606 [PROPOSED] ORDER RATIFYING EXTENSION OF TIME TO RESPOND; Complaint Filed: February 9, 2021 CMC Date: June 22, 2021 Trial Date: None Upon receipt of request by Plaintiff in the above captioned matter t0 extend the time for a party t0 respond t0 the action, and GOOD CAUSE APPEARING, the Court hereby approves the extension proposed by Plaintiff and ratifies Plaintiff s extension t0 Defendant Activehours, Inc. time t0 file its answer, move against, or otherwise respond t0 the complaint by May 31, 2021. IT IS SO ORDERED. Dated: JUDGE OF THE SUPERIOR COURT -3- APPLICATION TO EXTEND TIME FOR DEFENDANT TO RESPOND TO COMPLAINT EXHIBIT "A" 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on February 9, 2021, Hohbach Realty Company, LP (“Hohbach”), a California limited partnership, filed a complaint in the instant action; WHEREAS, on or about March 15, 2021, Hohbach served defendant Activehours, Inc. (“Activehours”) with the complaint; WHEREAS, on March 29, 2021, counsel for Hohbach and Activehours met and conferred regarding the instant action: (1) counsel for Activehours expressed its intention to demurrer to the complaint, (2) the parties discussed potential alternative means t0 resolving potential disagreements between Hohbach and Activehours, and (3) and the parties stipulated and agreed that-pursuant to Rule 3.1 10(d) 0f the California Rules of Court-Activehours deadline t0 answer, move against, or otherwise respond t0 the complaint shall be May 3 1, 2021; WHEREAS, counsel for Hohbach and Activehours continue t0 meet and confer in good faith regarding potential alternatives to litigation of the matter as between Hohbach and Activehours, Which would alleviate Activehours’ obligation to respond to the complaint, reduce costs, and promote judicial efficiency; WHEREAS, t0 alleviate costs and undue burden, and in the interest ofjudicial economy, the parties agree to extend Activehours’ deadline t0 answer, move against, 0r otherwise respond t0 the complaint from April 29, 2021 t0 May 3 1, 2021, t0 allow the parties t0 continue their collective efforts towards alternative resolution as between Hohbach and Activehours; WHEREAS, the parties’ agree t0 an extension of time for Activehours to answer, move against, or otherwise respond t0 the complaint and hereby stipulate t0 the same. NOW, THEREFORE, the parties STIPULATE AND AGREE as follows: 1. Activehours deadline t0 answer, move against, 0r otherwise respond t0 the complaint shall be extended t0 May 31, 2021. 2. Hohbach shall request that the court ratify the extension granted t0 Activehours in a formal request, Without appearance by Activehours. -4- APPLICATION TO EXTEND TIME FOR DEFENDANT TO RESPOND TO COMPLAINT A “GUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SO STIPULATED. COLLINS + COLLINS LLP JOSHUA A. COHEN DATED: May 11, 2021 'E‘I" I 5 ‘- _ ’I "Ifl‘ 790 E. Colorado, Suite 600 Pasadena, CA 91 101 tel: 1(626) 243-1 100 Attorneys for PlaintiffHOHBACH REALTY COMPANY, LP PAUL HASTINGS LLP SEAN D. UNGER TIMOTHY D. REYNOLDS DATED: May 11, 2021 By; 3W p, 4W /7’p,e SEAN D. UNGER” 101 California Street Forty-Eighth Floor San Francisco, CA 941 1 1 Tel: 1(415) 856-7000 Attorneys for Defendant ACTIVEHOURS, INC., a Delaware Corporation -5- APPLICATION TO EXTEND TIME FOR DEFENDANT TO RESPOND TO COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) State 0f California, ) ss. County 0fLos Angeles. ) I am employed in the County 0fLos Angeles. I am over the age 0f 18 and not a party t0 the within action. My business address is 790 E. Colorado Boulevard, Suite 600, Pasadena, California 91 101. On this date, I served the foregoing document described as PLAINTIFF REQUEST FOR RATIFICATION OF EXTENSION OF TIME TO RESPOND; EXHIBIT A on the interested parties in this action by placing same in a sealed envelope, addressed as follows: NOTELEAF, INC. Sean Unger, Esq. c/o Agent For Service - Vcorp Services CA, Inc. PAUL HASTINGS 818 W Seventh Street, #930 101 California Street, Forty-Eighth Floor Los Angeles, CA 90017 San Francisco, CA 941 11 (415) 856-7000 - FAX: (415) 856-7156 seanunger@paulhastings.com ATTORNEYS FOR DEFENDANT ACTIVEHOURS, INC. X jfiY MAIL! - I caused such envelope(s) with postage thereon fully prepaid t0 be placed in the United States mail in Pasadena, California to be served on the parties as indicated above. I am “readily familiar” With the firm’s practice ofcollection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service 0n that same day with postage thereon fillly prepaid at Pasadena, California in the ordinary course of business. I am aware that on motion of the 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 Certified Mail Return Receipt Requested t0 be placed in the United States Mail in Pasadena, California. D BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY D (BY ELECTRONIC FILHVG AND/OR SERVICE) - I served a true copy, with all exhibits, electronically 0n designated recipients listed above. D FEDERAL EXPRESS - I caused the envelope t0 be delivered t0 an authorized courier or driver authorized t0 receive documents with delivery fees provided for. D gfiY FACSIMILE! - I caused the above-described document(s) t0 be transmitted to the offices of the interested parties at the facsimile number(s) indicated above and the activity report(s) generated by facsimile number (626) 243-1 1 11 indicated all pages were transmitted. D (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) 0f the addressee(s). Executed on May 12, 2021 at Pasadena, California. E gSTATEz - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. D §EEDERAL1 - I declare that I am employed in the office 0f a member of the bar 0f this court at whose direction the service was made. i Q DEBBIE PARKER -6- APPLICATION TO EXTEND TIME FOR DEFENDANT TO RESPOND TO COMPLAINT