Declaration

Cal. Super. - 6th Dist.March 3, 2021

DENNIS F. MORIARTY (BAR NO. 37612) ARLEN LITMAN-CLEPER (BAR NO. 289699) CKSARI, WKRNER AND MORIARTY 75 Southgate Avenue Daly City, CA 94015 Telephone: (650) 991-5126 Facsimile: (650) 991-5134 dmoriarty@cwmlaw.corn alitmanRcwmlaw.corn 6660-3-19-8 Attorneys for Defendant, DUC LE IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 10 12 13 MICHAEL DOLCINI vs. Plaintiff, No. 21CV379122 DECLARATION OF ARLKN LITMAN- CLEPKR IN OPPOSITION TO PLAINTIFF MICHAEL DOLCINI'S MOTION TO SET ASIDE DISMISSAL 14 15 16 17 DUC LE; LYFT INC.; and Does I - 30 Defendants I, Arlen Litman-Cleper, declare: Date: 3/I/2022 Time: 9:00 a.m. Dep: 20 Complaint Filed: 3/3/2021 Trial Date: None 18 19 20 21 22 23 24 25 26 27 28 l. I am admitted to practice in California and am an associate with the firm Cesari, Wemer, & Moriarty, attorrney for Defendant DUC LE in this action. I have personal knowledge as to the matters stated below and, if asked, could and would testify competently thereto. 2. This action arises out of an incident occurring on March 4, 2019, wherein Plaintiff claims that he sustained personal injury during a ride-share trip operated by Defendant Duc Le. 3. On March 3, 2021, plaintiff filed a complaint alleging negligence against Defendants Le and Lyft. -I- DECLARATION OF ARLEN LITMAN-CLEPER IN OPPOSITION TO PLAINTIFF MICHAEL DOLCINI'S MOTION TO SET ASIDE DISMISSAL Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/14/2022 4:25 PM Reviewed By: A. Floresca Case #21CV379122 Envelope: 8286729 21CV379122 Santa Clara - Civil A. Floresca 4. The Court set an Initial Case Management Conference for July 20, 2021. 5. On July 20, 2021, plaintiff failed to appear at an initial case management conference. 6. Accordingly, the Court set an Order to Show Cause hearing for October 7, 2021. 7. On October 7, 2021, plaintiff again failed to appear at the order to show cause hearing. 8. Additionally, Plaintiff failed to serve summons and complaint on Defendant Le or Defendant Lyft at any time. 9. On November 9, 2021, this Court dismissed the case citing failure to litigate. 10 11 12 13 14 10. Plaintiff seeks relief through section 473 atter failing to comply with numerous deadlines. 11. Plaintiff failed to serve proposed pleading, as required by section 473, with his Motion to Set Aside Dismissal. 12. Plaintiff's former counsel, Mr. Dang filed suit and then abandoned the case for nearly 15 nine months. He did not pursue litigation of the suit in any meaningful way after filing 16 17 18 a buzzer beater complaint one day prior to the statutory deadline. 13. The Court should not reward this level of neglect by deeming it excusable. 19 20 I declare under penalty ofperjury, pursuant to the laws of California, that the above assertions are true. Signed this 14th day of February 2022 in Daly City, California. 21 22 23 24 ARLEN'LITMAN-CLEPER 25 26 27 28 -2- DECLARATION OF ARLEN LITMAN-CLEPER IN OPPOSITION TO PLAINTIFF MICHAEL DOLCINVS MOTION TO SET ASIDE DISMISSAL PROOF OF SER VlCE I am a resident of the State of California, over the age of 18 years, and not a party to the within action. My business address is CESARI, WERNER AND MORIARTY, 75 Southgate Avenue, Daly City, California, 94015. On February 14, 2022, I served the within document: DECLARATION OF ARLEN LITMAN-CLEPER IN OPPOSITION TO TO PLAINTIFF MICHAEL DOLCINI'S MOTION TO SET ASIDE DISMISSAL 5 6 BY FACSIMILE: Based on a written agreement of the parties to accept service by fax, I transmitted true and correct copies of the above document(s) via a facsimile machine at telephone number (650) 991-5134 to the persons and the fax numbers listed above. The fax transmission was reported as complete and without error. The transmission report was properly issued by the transmit~tin facsimile machine, and a copy of thc transmission report is attached or LJ will be tiled separately with the court. El 10 BY ELECTRONIC MAIL:Based on a court order or an agreement of the parties to accept clcctronic service, I caused the documents to bc sent to thc person(s) at the electronic service address(es) listed below. Such document(s) were transmitted via electronic mail from the electronic address: ~rarcia@cwmlaw.corn H in portable document format ("PDF") Adobe Acrobat or [J in Word document format. 12 13 14 15 BY UNITED STATES MAIL:Following ordinary business practices, I sealed true and correct copies of the above documents in addressed envelope(s) and placed them at my workplace for collection and mailing with the United States Postal Service. I am readily familiar with the practices of the Cesari Wemcr & Moriarty for collecting and processing mail. In the ordinary course of business, the sealed envelope(s) that I placed for collection would be deposited, postage propaid, with the United States Postal Service that same day. 16 17 18 BY PERSONAL SERVICE: I sealed true and correct copies of the above documents in addressed envelope(s) and caused such envelope(s) to be delivered by hand at the above locations by a professional messenger service. A declaration from the messenger who made the delivery is attached or will be filed separately with the court. 19 20 21 Johnathan Harriman HARRIMAN LAW 1300 Clay St. Oakland, CA 94612 Tel: (415) 625-3564 Fax: (510) 988-5088 ionathan harriman.law 22 23 I declare under penalty ofperjury that the above is true and correct. Executed on February 14, 20 24 25 R. GARCIA