Motion Amended

Cal. Super. - 6th Dist.March 30, 2021

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21CV381517 Santa Clara - Civil Allison Lane (SBN 1523 84) Justin J. Fields (SBN 259491) DUANE MORRIS LLP Spear Tower One Market Plaza, Suite 2200 San Francisco, CA 94105-1 127 Telephone: +1 415 957 3000 Fax: +1 415 957 3001 E-mail: alane@duanemorris.com jfields@duanemorris.com Attorneys for Defendant WILSON SONSINI GOODRICH & ROSATI, PROFESSIONAL CORPORATION Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/18/2021 10:06 AM Reviewed By: M. Sorum Case #21 CV381 51 7 Envelope: 6678161 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA Phunware, Inc., Plaintiff, V. Wilson Sonsini Goodrich & Rosati, Professional Corporation, DOES 1-25, Defendants. Case No. 21CV381517 DEFENDANT WILSON SONSINI GOODRICH & ROSATI, PROFESSIONAL CORPORATION’S AMENDED NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY THIS ACTION Date: August 17, 2021 Time: 9:00 am. Dept: 2 Judge: Hon. Drew Takaichi Complaint Filed: March 30, 2021 TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that on August 17, 2021 at 9:00 a.m. or as soon thereafter as the San Jose, California 951 13, Defendant Wilson Sonsini Goodrich & Rosati, Professional Corporation (“WSGR”) Will and hereby does move this Court t0 compel arbitration, and stay this action pending pertinent part: matter may be heard in Department 2 of the above-captioned Court, located at 191 North First Street, arbitration. The engagement agreement for legal services between WSGR and Phunware provides, in Drum DEF WILSON SONSINI GOODRICH & ROSATI, PROFESSIONAL CORPORATION’S AMENDED NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY THIS ACTION: CASE NO. 21CV3815 17 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 We d0 not anticipate having any disagreements With the Company about the quality, cost 0r appropriateness of our services, but if any concerns about these matters arise, please notify us immediately. We would endeavor to resolve any disagreements in a fair and amicable manner. If for some reason we were not able t0 resolve any dispute ourselves, then WSGR and the Company agree that all disputes or claims between us as of any nature whatsoever shall be resolved by binding arbitration before the American Arbitration Association 0r JAMS in the county of Santa Clara, Whichever the Company prefers. This agreement includes but is not limited to disputes over the quality or appropriateness of our services, the fees and costs 0f our services and the Company’s obligations to timely pay for our services. The arbitrator shall have power to decide all matters, including arbitrability, but must decide all disputes in accordance With California law. WSGR and the Company choose arbitration because it is usually less expensive and quicker than litigation, and it Will allow them t0 resolve their disputes privately. The arbitrator shall allow limited discovery to enable WSGR and the Company to present their cases, but Will be mindful of their mutual desire to avoid the expense 0fbroad discovery typically allowed in civil litigation. (Liddiard Decl., EX. A at pp. 3-4.) This Motion is brought under the California Arbitration Act, including Code 0f Civil Procedure sections 1281.2, 1281.3, 1281.4, and 1281.5, and applicable case law, including the authorities cited in the concurrently filed Memorandum 0f Points & Authorities. This Motion is based 0n this Notice 0f Motion and Motion, the accompanying Memorandum of Points and Authorities, the Declarations 0f Allison Lane and Dylan Liddiard, and all pleadings, papers and records in the Court file and any additional evidence and argument as may be presented at 0r before the hearing 0n this Motion. Dated: June 18, 2021 DUANE MORRIS LLP By: /s/ Allison Lane Allison Lane Justin J. Fields Attorneys for Defendant WILSON SONSINI GOODRICH & ROSATI, PROFESSIONAL CORPORATION 2 DEF WILSON SONSINI GOODRICH & ROSATI, PROFESSIONAL CORPORATION’S AMENDED NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY THIS ACTION: CASE NO. 21CV3815 17 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Phunware, Inc. v. Wilson Sonsini Goodrich & Rosati, Professional Corporation, et al. Santa Clara County Superior Court No. 2 1CV3 8 1 5 1 7 I am a resident of the state 0f California, I am over the age 0f 18 years, and I am not a party t0 this lawsuit. I am an employee ofDuane Morris LLP and my business address is Spear Tower, One Market Plaza, Suite 2200, San Francisco, California 94105. I am readily familiar with this firm’s practices for collecting and processing correspondence for mailing With the United States Postal Service and for transmitting documents by FedEx, fax, email, messenger and other modes. On the date stated below, I served the following documents: DEFENDANT WILSON SONSINI GOODRICH & ROSATI, PROFESSIONAL CORPORATION’S AMENDED NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY THIS ACTION X BY ELECTRONIC SERVICE: Based on a court order or an agreement of the parties t0 accept service by e-mail or electronic transmission, I caused the documents t0 be sent t0 the person(s) at the e-mail addresses listed below. I did not receive, within a reasonable time after the transmission, any electronic message 0r other indication that the transmission was unsuccessful. James McManis Attorneys for Plaintiff Tyler Atkinson PHUNWARE, INC. Andrew Parkhurst McMANIS FAULKNER a Professional Corporation 50 West San Fernando Street, 10th Floor San Jose, California 951 13 Telephone: (408) 279-8700 Facsimile: (408) 279-3244 Email: tatkinson@mcmanislaw.com I declare under penalty of perjury under the laws 0f the State 0f California that the foregoing is true and correct. Dated: June 18,2021 4w fl ¢1¢°~ Trina Cf Morgan DM1\12152702.1 3 DEF WILSON SONSINI GOODRICH & ROSATI, PROFESSIONAL CORPORATION’S AMENDED NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY THIS ACTION: CASE NO. 21CV3815 17