Motion LeaveCal. Super. - 6th Dist.March 2, 202121 CV378991 Santa Clara - Civil M. Dominguez 1 Clifford R. Homer, Esq., State Bar N0. 154353 Michael G. Kline, Esq., State Bar N0. 212758 Electronically Filed 2 g(gléNgR {iAW gRgggé P-C- by Superior Court of CA, . roa way, u1 e 3 Walnut Creek, California 94596 czlflr/‘ztxlggzszaflgflpanza’ chomer@homerlawgroup.com O _ _ ' . 4 mkline@hornerlawgroup.com Rev'ewed By- M- Dom'"9uez Telephone: (925) 943-6570 Case #21 CV378991 5 Facsimile: (925) 943-6888 Envelope: 8126461 6 Attorneys for PlaintiffFREDERICK HART JR. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SANTA CLARA 10 11 FREDERICK HART JR., an individual, Case No. 21CV378991 12 Plaintiff, NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND IST 13 VS. AMENDED COMPLAINT 14 MICHAEL HART, an individual; FRANCES Memorandum ofPoz'm‘s and Authorities, HART, an individual; TRACY HART- Dgclarations ofPaymon Hifai, Esq. and 15 DEGREGORIO’ an individual; GAIL HART, Mzchael G. Klme, Esq. and [Proposed] Order 16 an individual, and DOES 1 through 50, filed concurrently herewnh 1n01US1VG, Hearing Date: 17 Time: Defendants. 18 Action Filed: March 2, 2021 19 Trial Date: N/A 20 21 22 23 TO THE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD: 24 PLEASE TAKE NOTICE that on , 2022, at a.m. in Department_ 0f 25 the above-entitled Court, PlaintiffFREDERICK HART JR. (“Plaintiff”) Will and hereby does 26 move this Court for an order granting him leave t0 file his [Proposed] Second Amended 27 Complaint filed and served concurrent herewith, and deeming that [Proposed] Second Amended 28 Complaint filed as of the date of entry 0f said order. HORNERLAW GROUP, P.C. 800 S. Broadway, Suite 200WMY“ NOTICE 0F MOTION FOR LEAVE T0 AMEND lsT AMENDED COMPLAINT 9:00am April 26, 2022 Dept. 7 April 26 9:00 7 1 Plaintiff s Motion is made Pursuant to Code 0f Civil Procedure sections 473(a)(1) and 2 576, and is based upon the following grounds: 3 1. Plaintiff has not caused undue delay in filing this Motion; 4 2. Defendants will not suffer recognizable prejudice if the Motion is granted; 5 3. Plaintiff will suffer significant prejudice if the Motion is denied; 6 4. The 2AC arises from the same core set 0f material facts as its predecessors; and 7 5. To the extent they exist, conflicts between material fact allegations within 8 Plaintiff’ s 2AC, operative First Amended Complaint (the “1AC”) and original Complaint were 9 caused by his reliance 0n Defendants’ fraud and/or excusable mistake. 10 Said Motion shall be based on this Notice of Motion and Motion, the accompanying 11 Memorandum 0f Points and Authorities and Declarations 0f Michael G. Kline, Esq. and Paymon 12 Hifai, Esq. in support thereof, the records, pleadings and files 0f the Court herein, and on such 13 further argument and evidence as may be presented at the time 0f the hearing of this matter. 14 1 5 16 DATED: January 24, 2022 HORNER LAW GROUP, P.C. 1 7 1 8 1 9 By: 20 v Clifford R. Homer, Esq. 21 Michael G. Kline, Esq. Attorneys for PlaintiffFREDERICK HART JR. 22 23 24 25 26 27 28 HORNERLAW GROUP, P.C. _ 2 _ 800 S. Broadway, Suite 200WMY“ NOTICE 0F MOTION FOR LEAVE T0 AMEND lsT AMENDED COMPLAINT HORNERLAW GROUP 800 s Bmadway, Sun: zoo Walnut Creek, California 94596 4; \OOOQQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Case Name: Frederick Hart, Jr. v. Michael Hart, et. al. Case N0: Santa Clara County Superior Court Case No. 21CV378991 I am employed in the County 0f Contra Costa, State of California. My business address is 800 S. Broadway, Suite 200, Walnut Creek, California 94596. I am over the age of eighteen years, and not a party t0 the within action. On January 24, 2022, I caused to be served the within: [PROPOSED] SECOND AMENDED COMPLAINT; NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND 1ST AMENDED COMPLAINT; DECLARATION OF MICHAEL G. KLINE, ESQ. IN SUPPORT OF MOTION FOR LEAVE T0 AMEND lst AMENDED COMPLAINT; DECLARATION OF PAYMON HIFAI, ESQ. IN SUPPORT OF MOTION FOR LEAVE T0 AMEND lst AMENDED COMPLAINT; [PROPOSED] ORDER GRANTING MOTION FOR LEAVE TO AMEND IST AMENDED COMPLAINT on the party(ies) listed below, addressed as follows: Douglas Scott Maynard, Esq. 1 151 Minnesota Avenue San Jose, CA 95125 maynardlawoffices@earthlink.net Attorney for Defendants Bv Electronic Service [C.C.P. 1010.6]. By causing a true copy thereofto be transmitted by electronic transmission t0 the attorneys shown below in accordance with C.C.P. 1010.6 and the local rules 0f the court. Executed January 24, 2022 at Walnut Creek, California. By: yawn9mm Sharon Piserchio PROOF OF SERVICE