DeclarationCal. Super. - 6th Dist.May 17, 202110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV382663 Santa Clara - Civil Michael Avanesian, Esq. (SBN 278685) nemjtlegalgroupxom Alin Ghayvandian, Esq. (SBN 3225 17) alin@jtlegalgroup.com JT LEGAL GROUP, APC 801 N. Brand B1Vd., Suite 1130 Glendale, California 91203 T: (818) 745-1514 I F: (818) 208-4550 Attorneys for Plaintiff, ALMA VERONICA-RAMOS BARRAGAN Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/3/2022 11:01 AM Reviewed By: S. Uy Case #21 CV382663 Envelope: 7967217 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ALMA VERONICA-RAMOS BARRAGAN AND LESLIE ESTRADA, Plaintiffs= DECLARATION 0F ALIN GHAYVANDIAN RE OSC FOR FAILURE T0 APPEAR AND FAILURE T0 SERVE, AND REQUEST FOR V. Case No.2 2 1CV382663 [Assignedfor allpurposes t0 Hon. Judge Peter H. Kirwan, in Dept. 19] JAMES WEST QUINDIAGAN, AND CASE NOT TO BE DISMISSED DOES 1 TO 50 INCLUSIVE. /// /// /// /// /// /// /// -1- Complaint Filed: May 17, 2021 (l) DECLARATION OF ALIN GHAYVANDIAN RE OSC FOR FAILURE TO APPEAR AND FAILURE TO SERVE, AND REQUEST FOR CASE NOT TO BE DISMISSED .Uy 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF ALIN GHAYVANDIAN I, Alin Ghayvandian, d0 hereby state and declare as follows: 1. I am an attorney in good standing duly licensed to practice before the Courts in the State of California. I am an attorney With the law firm JT Legal Group, APC, located at 801 N. Brand B1Vd., Suite 1130, Glendale, California 91203 and the handling Counsel of record for Plaintiffs Alma Veronica Ramos-Barragan and Leslie Estrada. 2. Each 0f the facts stated in this Declaration are personally known t0 me, and if required t0 d0 so, I could and would competently testify thereto. 3. I make this Declaration in anticipation of the OSC Re: Dismissal for Failure to Appear and Failure to Serve scheduled for January 27, 2022, at 10:00 a.m. in Department 19. 4. An initial Case Management Conference for the above-mentioned matter was heard on September 28, 2021, at 3:45 p.m. in Department 19 before the Honorable Laurie Mikkelsen. 5. During the time prior to the Case Management Conference, our office went through a transition phase which resulted in a glitch and/or clerical error to occur in the scheduling 0f all dates related to the above-mentioned matter. As a result, the date to serve Defendant James West Quindiagan was not included in the calendaring software along with any and all related dates pertaining t0 the entire matter, including but not limited t0 the Case Management Conference scheduled on September 28, 2021. 6. Consequently, Plaintiffs’ counsel was unaware 0f the Case Management Conference scheduled for September 28, 2021, at 3:45 p.m., and therefore, failed to appear. 7. Following the Case Management Conference scheduled 0n September 28, 2021, Plaintiffs’ counsel received a Notice from the Court for an OSC Re: Failure t0 Appear and Failure t0 Serve scheduled 0n January 27, 2022, at 10:00 am. in Department 19. 8. Plaintiffs’ counsel received a copy of the Minute Order from the Case Management Conference and the Notice from the Court on 0r around October 16, 2021. Immediately thereafter, Lisset Jacquez 0f JT Legal Group, APC called the Superior Court of California, Santa Clara Civil -2- DECLARATION OF ALIN GHAYVANDIAN RE OSC FOR FAILURE TO APPEAR AND FAILURE TO SERVE, AND REQUEST FOR CASE NOT TO BE DISMISSED 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Division, t0 inquire about the “Notice 0f Case Management Conference Hearing”. The clerk advised Lisset Jacquez that due t0 a mishap, the notification 0f the Case Management Conference hearing was not mailed t0 Plaintiffs’ counsel’s office prior t0 the scheduled Case Management Conference date. 9. Following the filing of the lawsuit, Plaintiffs insisted 0n a quick resolution without the need for further litigation. During that time frame, our office was in fruitful communications With Defendant James West Quindiagan’s insurance company representative, Mr. Anthony Urbina, regarding ongoing settlement negotiations. During the course 0f those settlement negotiations, Plaintiff Leslie Estrada’s claim came to a resolution. A Request for Dismissal was filed as t0 Plaintiff Leslie Estrada and entered by the Court clerk 0n 12/29/2021. A true and correct copy 0f the Request for Dismissal as to Plaintiff Leslie Estrada is attached hereto as Exhibit A. 10. The settlement communications came t0 a standstill on 0r about November 23, 2021. Consequently, PlaintiffAlma Ramos, Wished t0 pursue her personal injury claims against the Defendant and n0 settlement agreement was reached during the course ofthose discussions. 11. Immediately thereafter, Plaintiffs’ counsel proceeded With the request for process serving 0f Defendant James West Quindiagan. 12. Defendant James West Quindiagan was sub-served on 0r around December 22, 2021. A true and correct copy of the Proof of Service is attached hereto as Exhibit B. 13. Additionally, a demand for jury trial and Plaintiff’s notice of posting jury fees were filed on December 29, 2021. A true and correct copy 0f Plaintiff’s Notice 0f Posting Jury Fees is attached hereto as Exhibit C. 14. Despite the mistake originating from our software, I take full responsibility for my failure t0 appear at the Case Management Conference. Consequently, I apologize t0 the Honorable Judge and Court’s clerk for my inadvertent mistake. 15. In light 0f the reasons provided above, I respectfully request that the Court not punish Plaintiff 0r her counsel and request for the above-mentioned matter not t0 be dismissed. I declare under penalty of perjury under the laws of the State 0f California that the foregoing is true and correct based on personal k1¥owledge. DECLARATION OF ALIN GHAYVANDIAN RE OSC FOR FAILURE TO APPEAR AND FAILURE TO SERVE, AND REQUEST FOR CASE NOT TO BE DISMISSED 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Executed on this 3rd day of January, in Glendale, California. .fiékw Alin Ghayvandian, Esq. -4- DECLARATION OF ALIN GHAYVANDIAN RE OSC FOR FAILURE TO APPEAR AND FAILURE TO SERVE, AND REQUEST FOR CASE NOT TO BE DISMISSED EXHIBIT A 21 CV382663 Santa Clara - Civil CIVFd Muyen ATTORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR No; FOR COURT USE ONLY NAME; Alin Ghayvandian, Esq. 322517 , , FIRM NAME: JT LGgal Group, APC EIGCtroanally Flled STREETADDRESS: 801 N. Brand B1Vd., Ste 1130 by superlor court Of CA, CITY: Glendale STATE: CA ZIP CODE: 91203 County of Santa Clara, (818)745-1514 FAx~o= (818)208-4550 on 12/29/2021 3:15 pM E'MA'LADDRESS a1in@jtlegalgr0up°com Reviewed By: R. Nguyen ATTORNEY FOR (Name): Plaintiffs Case #21 CV382663 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA _ STREETADDRESS: 191 N. First Street EnveloPe' 7953099 MAILING ADDRESS: 191 N. First Street CITYAND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: Downtown Superior Court PIaintiff/Petitioner: Alma Ramos and Leslie Estrada Defendant/Respondent: James Quindiagan, et a1. CASE NUMBER: REQUEST FOR DISMISSAL 2 1CV382663 A conformed copy will not be returned by the clerk unless a method of return is provided with the document. This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action in a class action. (Cal. Rules of Court, rules 3.760 and 3.770.) 1. TO THE CLERK: Please dismiss this action as follows: a. (1) With prejudice (2) E Without prejudice b. (1) m Complaint (2) E Petition (3) E Cross-complaint filed by (name): on (date): (4) E Cross-complaint filed by (name): on (date): (5) E Entire action of all parties and all causes of action (6) Other (specify):* AS TO PLAINTIFF, LESLIE ESTRADA ONLY 2. (Complete in all cases except family law cases.) The courtE did m did not waive court fees and costs for a party in this case. (This information may be obtained from the clerk. If court fees and costs were waived, the declaration on the back of this form must be completed). Date: December 29, 2021 ’Ahn Ghavvandlan, Esq. (TYPE OR PRINT NAME OF E ATTORNEY E PARTY WITHOUT ATTORNEY) (SIGNATURE) *lf dismissal requested is of specified parties only of specified causes of action only, Attorney 0r party Without attorney for: or of specified cross-complaints only, so state and identify the parties, causes of E plaintiff/petitioner E Defendant/Respondent action, or cross-complaints to be dismissed. E Cross Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: ’ (TYPE 0R PRINT NAME 0F E ATTORNEY E PARTY WITHOUT ATTORNEY) (SIGNATURE) ** If a cross-complaint - or Response (Family Law) seeking affirmative Attorney 0r party Without attorney for: relief - is on file, the attorney for cross-complainant (respondent) must sign E PIaintifi/Petitioner E Defendant/Respondentthis consent if required by Code of Civil Procedure section 581 (i) or (j). E Cross Complainant (To be completed by clerk) 4. E Dismissal entered as requested on (date): 12/29/2021 3315 PM 5 E Dismissal entered on (date): as to only (name): 6. E Dismissal not entered as requested for the following reasons (specify): 7. a. E Attorney or party without attorney notified on (date): 12/29/2021 3:15 PM b. E Attorney or party without attorney not notified. Filing party failed to provideE a copy to be conformed E means to return conformed copy Date; 12/29/2021 3:15 PM CIerk, by R- Nguyen , Deputy Page 1m Form Adopted for Mandatory Use Code of C' '| Proced re, § 581 et seq.; Go . Code, Judicial Council of California REQUEST FOR DISMISSAL § egle37(c); CZI. Rules of Court, rulg3.1390 ClV-110 [Rev. Jan. 1, 2013] www.courts.ca.gov CIV-1 10 CASE NUMBER: PI ' t'ff/P t't' :Al R dL 1' E t daInI eIIoner ma amos an es le sra a 21CV382663Defendant/Respondent: James Quindiagan, et a1. COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS If a party whose court fees and costs were initially waived has recovered or will recover $10,000 or more in value by way of settlement, compromise, arbitration award, mediation settlement, or other means, the court has a statutory lien on that recovery. The court may refuse to dismiss the case until the lien is satisfied. (Gov. Code, § 68637.) Declaration Concerning Waived Court Fees 1. The court waived court fees and costs in this action for (name): 2. The person named in item 1 is (check one below): a. E not recovering anything of value by this action. b- E recovering less than $10,000 in value by this action. c. E recovering $10,000 or more in value by this action. (If item 20 is checked, item 3 must be completed.) 3. E A|| court fees and court costs that were waived in this action have been paid to the court (check one): Yes No | declare under penalty of perjury under the laws of the State of California that the information above is true and correct. D (TYPE 0R PRINT NAME 0F E ATTORNEY E PARTY MAKING DECLARATION) (S'GNATURE) Date: Clv-11o [Rev. January 1, 2013] REQUEST FOR DISMISSAL Page 2 of2 EXHIBIT B 21 CV382663 Santa Clara - CIVII POS-01 0 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY R. Fleming Alin Ghavvandian, 322517 JT LEGAL GROUP, APC Iectronically FiledE 801 N Brand Blvd., Ste. 1130 by Superior Court of CA, CGI d | ,CA 91203enTELaES-IONE No.: (818) 797-7900 OUnty Of santa Clara, ATTORNEY F0R(Name): Plaintiff 0n 12/28/2021 8:42 AM SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Reviewed By: R. Fleming Superior Court of California, Santa Clara County case #21 CV382663 191 N. First Street Envelope! 7940437 San Jose, CA 951 13-1090 PLAINTIFF/PETITIONER: ALMA VERONICA RAMOS-BARRAGAN, et al. CASE NUMBER: DEFENDANT/RESPONDENT: JAMES WEST QUINDIAGAN, et al. 21 CV382663 Ref. No. or File No.: PROOF OF SERVICE OF SUMMONS Alma Ramos 1. At the time of service | was a citizen of the United States, at least 18 years of age and not a party to this action. 2. | served copies 0f: Summons, Complaint, Civil Case Cover Sheet, Civil Lawsuit Notice, Alternative Dispute Resolution Information Packet, Statement of Damages 3. a. Party served: JAMES WEST QUINDIAGAN b. Person Served: Party in item 3a. 4. Address where the party was served: 2744 Britt Ct San Jose, CA 95148 5. | served the party b- by SUbStitUted SGWice- On (date): 12/22/2021 at (time): 3:20PM | left the documents listed in item 2 with or in the presence of: June Ly - Co-Occupant (2) (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. | informed him or her of the general nature of the papers. (4) A declaration of mailing is attached. (5) | attach a declaration of diligence stating actions taken first to attempt personal service. 6. The "Notice to the Person Served" (on the summons) was completed as follows: a. as an individual defendant. 7_ Person who served papers a- Name: Joseph Hussev b' Address: One Legal - P-OOO618-Sonoma 1400 North McDowell Blvd, Ste 300 Petaluma, CA 94954 c. Telephone number: 415-491-0606 d. The fee for service was: $ 103.25 e. lam: (3) registered California process server. (i) Employee or independent contractor. (ii) Registration No.: 031611 (iii) County: Santa Clara 8. | declare under penalty of periury under the laws of the United States of America and the State of California that the foregoing is true and correct. Date: 12/27/2021 Joseph Hussev 4f (NAME OF PERSON WHO SERVED PAPERS) (SIGNATURE) Form Adopted for Mandatory Use Code of Civil Procedure, § 417.10 J”d'°'a' ?SSCF'J'SJ $33??? P0901" PROOF 0F SERVICE 0F SUMMONS OL# 1739641 3 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY Alin Ghavvandian, 322517 (818) 797-7900 JT LEGAL GROUP, APC 801 N Brand Blvd. Glendale, CA 91203 Ref.No.orFiIe No. ATTORNEY FOR(Name): P|aintiff Alma Ramos Insert name of court, judicial district or branch court, if any: Santa Clara - First Street 191 N. First Street San Jose, CA 951 13-1090 PLAINTIFF: ALMA VERONICA RAMOS-BARRAGAN, et al. DEFENDANT: JAMES WEST QUINDIAGAN, et al. DECLARATION OF DILIGENCE 21 CV382663 | received the within process on 12/17/2021 and that after due and diligent effort | have been unable to personally serve said party. The following itemization of the dates and times of attempts details the efforts required to effect personal service. Additional costs for diligence are recoverable under CCP §1033.5 (a)(4)(B). CASE NUMBER: PARTY SERVED: JAMES WEST QUINDIAGAN (1)Home: 2744 Britt Ct, San Jose, CA 95148 As enumerated below: On 12/20/2021 5:01 :00 PM at address (1) above. No Answer no cars On 12/21/2021 9:15:00 AM at address (1) above. No Answer no cars On 12/22/2021 3:20:00 PM at address (1) above. Not In | declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct and that this declaration was executed on 12/27/2021 at Petaluma, California. Registered California process server. County: Santa Clara Registration No.2 ps1611 (H Joseph Hussey One Leqal - P-000618-Sonoma 1400 North McDowell Blvd, Ste 300 Petaluma, CA 94954 0L # 1739641 3 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY Alin Ghavvandian, 322517 (818) 797-7900 JT LEGAL GROUP, APC 801 N Brand Blvd. Glendale, CA 91203 Ref.No.orFiIe No. ATTORNEYFOR= Plaintiff Alma Ramos Insert name of court, judicial district or branch court, if any: Santa Clara - First Street 191 N. First Street San Jose, CA 951 13-1090 PLAINTIFF: ALMA VERONICA RAMOS-BARRAGAN, et al. DEFENDANT: JAMES WEST QUINDIAGAN, et al. CASE NUMBER: PROOF OF SERVICE BY MAIL 21cv382663 | am a citizen of the United States, over the age of 18 and not a party to the within action. My business address is 1400 N. McDowell Blvd, Petaluma, CA 94954. On 12/27/2021, after substituted service under section CCP 415.20(a) or 415.20(b) or FRCP 4(e)(2)(B) or FRCP 4(h)(1 )(B) was made (if applicable), | mailed copies of the: Summons, Complaint, Civil Case Cover Sheet, Civil Lawsuit Notice, Alternative Dispute Resolution Information Packet, Statement of Damages to the person to be served at the place where the copies were left by placing a true copy thereof enclosed in a sealed envelope, with First Class postage thereon fully prepaid, in the United States Mail at Petaluma , California, addressed as follows: JAMES WEST QUINDIAGAN 2744 Britt Ct San Jose, CA 95148 | am readily familiar with the firm's practice for collection and processing of documents for mailing. Under that practice, it would be deposited within the United States Postal Service, on that same day, with postage thereon fully prepaid, in the ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. , _ | declare under penalty of perjury under the laws of the United States of America and the State Fee for serv'ce' $ 103-25 of California that the foregoing is true and correct and that this declaration was executed on 12/27/2021 at Petaluma, California. One Legal - P-OOO618-Sonoma 1400 North McDowell Blvd, Ste 300 Petaluma, CA 94954 m% Melissa Berry 0L# 17396413 EXHIBIT C A LAW CORPORATION JTLegalGroup fl 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV382663 Santa Clara - Civil Michael Avanesian, Esq. (SBN 278685) michael@jtlegalgroup.com Alin Ghayvandian, Esq. (SBN 3225 17) alin@jtlegalgr0up.com JT LEGAL GROUP, APC 801 N. Brand B1Vd., Suite 1130 Glendale, California 91203 T: (818) 797-7900 I F: (818) 208-4550 Attorneys for Plaintiff, ALMA VERONICA-RAMOS BARRAGAN SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA - NORTH CENTRAL JUDICIAL DISTRICT ALMA VERONICA-RAMOS BARRAGAN AND LESLIE ESTRADA, Plaintiffs, V. JAMES WEST QUINDIAGAN, AND DOES 1 TO 50 INCLUSIVE. Defendants. TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD HEREIN: PLEASE TAKE NOTICE that Plaintiff, ALMA VERONICA-RAMOS BARRAGAN, hereby demands a trial by jury in the above-entitled matter. Plaintiff hereby posts jury fees in the sum 0f $150.00 (One Hundred Fifty Dollars and 00/100) in accordance with CCP §63 1. Dated: December 29, 2021 By: JT LEGAL GROUP, APC. V. Castar Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/29/2021 4:51 PM Reviewed By: V. Castaneda Case #21 CV382663 Envelope: 7954455 Case N0.: 2 1 CV382663 [Assignedfor allpurposes t0 Hon. Judge Peter H. Kirwan, in Dept. 19] PLAINTIFF’S NOTICE OF POSTING JURY FEES Complaint filed: May 17, 2021 Trial Date: TBD ,Qékw Alin Ghayvandian, Esq. Attorney for Plaintiff, ALMA VERONICA-RAMOS BARRAGAN eda PLAINTIFF’S NOTICE OF POSTING JURY FEES
