Ex Parte Application

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

on 6/14/2021 4:28 PM Reviewed By: R. Nguyen Envelope: 6646387 CM-OZO ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Scott A. Berman (SBN 191460), Natasha M. Galvez (SBN 320784)- BERMAN NORTH LLP 2225 E. Bayshore Road, Suite 200 Palo Alto, CA 94303 TELEPHONE No.: (650) 320-1685 FAX NO. (Optional): (650) 320-1686 E-MAIL ADDRESS (Optional): scott@bermannorth.com, natasha@bermann0rth.com ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS: CITY AND ZIP CODE: San JOSG, CA 951 13 BRANCH NAME: PLAINTIFF/PETITIONER: MichaelHarbour DEFENDANT/RESPONDENT: Pure Blue Medical Inc., et a1. CASE NUMBER: EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE PLEADING AND ORDER EXTENDING TIME TO SERVE AND 21CV381529E ORDER CONTINUING CASE MANAGEMENT CONFERENCE Note: This ex parte application will be considered without a personal appearance. HEAR'NG DATE: (See Cal. Rules of Court, rule 3.1207(2).) DEPT; TIME: 1. Applicant (name): Michael Harbour is a. plaintiff b.E cross-complainant c.E petitioner d.E defendant e.E cross-defendant f.E respondent g.E other (describe): 2. The complaint or other initial pleading in this action was filed on (date): 3/30/2021 3. Applicant requests that the court grant an order extending time for service of the following pleading: a. Complaint b.E Cross-complaint c.E Petition d.E Answer or other responsive pleading e. Other (describe): Summons; Civil Lawsuit Notice; Civil Case Cover Sheet 4. Service and filing of the pleading listed in item 3 is presently required to be completed by (date): 6/01/2021 5. Previous applications, orders, or stipulations for an extension of time to serve and file in this action are: a. None b.E The following (describe all, including the length of any previous extensions): 6. Applicant requests an extension of time to serve and file the pleading listed in item 3 on the following parties (name each): Pure Blue Medical, Inc. dba Intrivo Diagnostics; Reeve Benaron, an individual Page 1 of 2 F‘flfigfirggfifigfig?ggfi?jngse EX PARTE APPLICATION FOR EXTENSION OF TIME ca" Ru'es °fC°””'rules 3.1 1 0, 3.1200-3.1 207 CM-020 [Rev. January 1,2008] To SERVE PLEAD'NG AND ORDERS www.courtinfo.ca.gov Filed June 16, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 21CV381529 By: RNguyen CM-OZO CASE NAME: CASE NUMBER: Michael Harbour V. Pure Blue Medical, Inc., et a1. 2 1CV38 1 529 7. The pleading has not yet been filed and served on the parties listed in item 6 for the following reasons (describe the efforts that have been made to serve the pleading and why service has not been completed): Personal service was attempted twice 0n each defendant at Pure Blue's address listed on the Secretary of State website and Mr. Benaron’s residence, respectively.E Continued on Attachment 7. 8. An extension of time to serve and file the pleading should be granted for the following reasons: The address listed by Pure Blue 0n the Secretary 0f State website does not exist; Mr. Benaron's residence is inaccessible due t0 construction; Notices and Acknowledgments 0f Receipt were sent with copies of the summons and complaint on May 19, 2021 t0 attorney Andrew Holmes, Who has represented both defendants and confirmed his address for receipt. Mr. Holmes has previously corresponded with Plaintiffs counsel on this matter. E Continued on Attachment 8. 9. If an extension of time is granted, filing and service on the parties listed in item 6 will be completed by (date): We expect that our most recent attempts t0 serve defendants Will be successful. If not, we will likely be able t0 execute service by late July. 10. Notice of this application under rules 3.1200-3.1207 has been provided as required (describe all parties or counsel to whom notice was given; the date, time, and manner of giving notice; what the parties or counsel were told and their responses; and whether opposition is expected) orE is not required (state reasons): Plaintiff‘s counsel emailed this document at approximately 3:15 p.m. on June 10, 2021 t0 Mr. Holmes, With Whom our office has had previous email correspondence. E Continued on Attachment 10. 11. Numberof pages attached: 0 | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: June 10, 2021 Natasha M. Galvez > MWgaélg (TYPE OR PRINT NAME OF APPLICANT OR ATTORNEY FOR APPLICANT) (SIGNATURE OF APPLTCANT OR ATWRNEY FOR APPLICANT) Order on Application is E below E on a separate document. ORDER 1. The application for an order extending time to serve and file the pleading is E granted E denied. 2. The pleading must be served and filed no later than (date): 3. E The case management conference is rescheduled to: a. Date: b. Time: c. Place: 4. Other orders: 5. A copy of this application and order must be served on all parties or their counsel that have appeared in the case. Date: JUDICIAL OFFICER CM-ozo [Rev- Januarymooel Ex PARTE APPLICATION FOR EXTENSION 0F TIME Pa9e2°f2 To SERVE PLEADING AND ORDERS XX 1 August 2021 Dep't 20 10:00 am 28 September 2021 XX 16 June 2021 Socrates Peter Manoukian Signed: 6/16/2021 10:11 AM