Response ReplyCal. Super. - 6th Dist.March 2, 202121 CV378991 Santa Clara - Civil A. Floresca Clifford R. Homer, Esq., State Bar No. 154353 1 Paymon Hifai, Esq., State Bar No. 306133 Electronicany Filed HORNER LAW GROUP, P.C. - 2 800 s, Broadway, suite 200 gifxtpegfgacn‘figgac'o" Walnut Creek, California 94596 y _ ’ 3 Telephone: (925) 943-6570 0" 1_1/12/2021 2-10 PM Facsimile; (925) 943-6888 Revuewed By: A. Floresca 4 Case #21 CV378991 5 Attorneys for Plaintiff Frederick Hart, Jr. Envelope: 7655471 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA CLARA 10 UNLIMITED JURISDICTION 11 FREDERICK HART, JR, an individual No. 21CV378991 12 Plaintiff, HORNER LAW GROUP’S RESPONSE TO ORDER TO SHOW CAUSE RE 13 vs. DISMISSAL 14 MICHAEL HART, an individual, FRANCES 1 5 HART, an individual, TRACY HART- Dfltefi quember 18, 2021 DEGREGORIO, an individual, GAIL A. glemgfiment. $00 3-m- 16 HART, an individual, and DOES 1-50 p ' 1 7 Defendants. 1 8 19 20 Homer Law Group, P.C. (“HLG”), counsel of record for Plaintiff Frederick Hart, Jr. 21 (“Plaintiff”), submits the following response t0 the July 13, 2021 Order t0 Show Cause (“OSC”) 22 for Plaintiff’s failure to appear at the July 13, 2021 Case Management Conference (“CMC”). 23 On March 2, 2021, HLG electronically filed the Complaint in this matter and the Summons 24 was issued. When HLG received the filed copies of the Civil Case Cover Sheet, Summons and 25 Complaint, a Notice 0f the Case Management Conference (“CMC”) was not included. 26 After filing the Complaint and before the date 0f the CMC, HLG reviewed the Court’s 27 online register 0f actions and again did not see any notice 0f any CMC 0r reference t0 the CMC 28 date 0n the register 0f actions. Simply put, HLG had n0 notice 0f the July 13, 2021 CMC 0r any HORNER LAW GROUP’S RESPONSE TO ORDER TO SHOW CAUSE RE DISMISSAL 1 idea that the CMC was 0n calendar. HLG is unsure how it was provided Notice of the CMC 2 because it does not appear t0 have ever been served with written Notice 0f the CMC. 3 Had HLG been provided notice of the CMC, it would certainly have appeared at the CMC. 4 For whatever reason, likely some sort of mistake 0n the Court’s or HLG’s part, HLG was unaware 5 of and was not on notice 0f the CMC, and as such did not attend. This was a mistake. 6 Given the foregoing, HLG respectfully requests that the Court not impose sanctions. 7 Similarly, HLG respectfully request that this action not be dismissed in that it would be prejudicial 8 to Plaintiff in that Plaintiff’s counsel’s lack 0f knowledge and notice 0f the CMC led t0 the non- 9 appearance and such mistake should not be imputed 0n the Plaintiff. 10 Plaintiff respectfully requests that the Court n0 further action be taken. 1 1 12 HORNER LAW GROUP, PC Date: November 11, 2021 13 / ,,W”14 By; f 7" 15 Clifford R. Homer, Esq. Paymon Hifai, Esq. Attorneys for Plaintiff Frederick Hart, Jr. 16 17 18 19 20 21 22 23 24 25 26 27 28 HORNERLAW GROUP, PC 800 S. Bmadway, Suite 200 Walnut Creek, California 94596 HORNER LAW GROUP’S RESPONSE TO ORDER TO SHOW CAUSE RE DISMISSAL HORNERLAW GROUP sun s. Emndway. Sun: zoo Walnm Creek, Califumia 94596 \OOOQQ 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. a1. Case N0: Santa Clara County Superior Court Case No. 21CV378991 I am employed in the County of Contra Costa, State 0f 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 November 12, 2021, I caused t0 be served the Within: HORNER LAW GROUP’S RESPONSE TO ORDER TO SHOW CAUSE on the party(ies) listed below, addressed as follows: Douglas Scott Maynard, Esq. 1 151 Minnesota Avenue San Jose, CA 95125 Attorney for Defendants BV Electronic Service lC.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 of the court. Executed November 12, 2021 at Walnut Creek, California. By: %W9mm Sharon Piserchio PROOF OF SERVICE
