Motion Amended

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

II Harriman Law LDmVCDO‘l-booNA NMNNMNNMNAAAAAAAAAA OOVOUCJ‘l-th-‘hOOmNGO‘l-bOONAO 21 CV379122 Santa Clara - Civil Electronically Filed Jonathan C. Harriman (SBN 250943) by superior Court of CA, HARR'MAN LAW . County of Santa Clara, 1300 Clay Street, SUIte 600 on 2,1 5/2022 2.00 PM Oakland, California 94612 . _ ' . Tel: (415) 6253564 ReVIewed By. F. Mlller Fax: (51 0) 988-5088 Case #21CV379122 ionathan@harriman.law Envelope: 8294958 Attorneys for Plaintiff Michael Dolcini SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR SANTA CLARA COUNTY MICHAEL DOLCINI Case No.: 21CV379122 Plaintiff, AMENDED NOTICE OF MOTION v. AND MOTION T0 SET ASIDE DISMISSAL Duo LE; LYFT, INC.; AND DOES 1 - 3o, [CCP § 473(b)] Date: March 1, 2022 Time: 9:00am Dept: 20 Defendants. Complaint Filed: March 3, 2021 Trial Date: Not Set NOTICE TO THE PARTIES AND THEIR ATTORNEYS OF RECORD: On March 1, 2022, at 9:00 a.m. in Dept. 20 of this court, plaintiff MICHAEL DOLCINI will move for an order setting aside the dismissal of this action pursuant to CCP § 473(b). This action was dismissed without prejudice by this Court after prior counsel failed to appear or serve the complaint. Plaintiff has since retained new counsel to prosecute this action. Plaintiff has attached as Exhibit A is a declaration from prior attorney Joseph Dang; and Exhibit B is a copy of the substitution of attorney filed concurrently with this motion. 1 AMENDED NOTICE OF MOTION AND MOTION TO SET ASIDE DISMISSAL II Harriman Law (DmVCDO‘l-booNA NMNNMNNMNAAAAAAAAAA OOVOUCJ‘l-th-‘hOOmNGO‘l-bOONAO This motion is based on this notice, the accompanying memorandum of points and authorities, the declarations submitted in support, on the records and file in this action, and on any evidence that may be presented at the hearing on this motion. Dated: February 15, 2022 HARRIMAN LAW Jonathan C. Harriman Attorney for Plaintiff Michael Dolcini 2 AMENDED NOTICE OF MOTION AND MOTION TO SET ASIDE DISMISSAL II Harriman Law (DmVCDO‘l-booNA MNNMNNMNAAAAAAAAAA NOUU‘l-hOONéotomNOVO‘l-§OONAO ED D D D N 00 PROOF OF SERVICE | am employed in the City of Oakland, County of Alameda, State of California. | am over 18 years of age and not a party to this action. My business address is Harriman Law, 1300 Clay Street, Suite 600, Oakland, CA 94612. On the date below | served a true copy of the following document(s): AMENDED NOTICE OF MOTION AND MOTION TO SET ASIDE DISMISSAL on the interested parties to said action by the following means: E (BY MAIL) By placing a true copy of the above, enclosed in a sealed envelope with appropriate postage, for collection and mailing following our ordinary business practices. | am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. (BY OVERNIGHT DELIVERY) By placing a true copy of the above, enclosed in a sealed envelope with delivery charges to be billed to Harriman Law, for delivery by Federal Express to the address(es) shown below. (BY FACSIMILE TRANSMISSION) By transmitting a true copy of the above by facsimile transmission from facsimile number (510) 988-5088 to the attorney(s) or party(ies) shown below. (BY MESSENGER) By placing a true copy of the above in a sealed envelope and by giving said envelope to an employee of a messenger service for guaranteed, same-day delivery to the address(es) shown below. (BY HAND DELIVERY) By personal delivery of a true copy of the above to the attorneys or parties shown below (BY E-MAIL or ELECTRONIC TRANSMISSION) Pursuant to Code of Civil Procedure § 1010.6, | caused the documents to be sent to the persons at the e-mail addresses listed below. | did not receive, within a reasonable period of time, after the transmission, any electronic message or other indication that the transmission was unsuccessful. Counsel for Duc Le Dennis Moriarty (dmoriarty@cwmlaw.com) Arlen Litman-Cleper (alitman@cwmlaw.com) Cesari, Wener and Moriarty 75 Southgate Avenue Daly City, CA 94015 Counsel for Lyft, Inc. unknown | declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. DATED:February15,2022 :3‘ i k Jonathan Harriman