DeclarationCal. Super. - 6th Dist.September 28, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/1/2021 1:06 PM Reviewed By: Desiree Alfaro Case #21CV388845 Envelope: 7766339 21CV388845 Santa Clara - Civil Desiree Alfaro CIV-141 ATTORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR No: 325656 Fan counr us: ONLY NAME: Thomas R. Boswell FIRM NAME: Spinelli, Donald & Nott STREET ADDRESS: 601 University Ave., Ste. 225 CITY: Sacramento STATE: CA ZIPCODE: 95825 TELEPHONE N0; (916) 448-7388 FAX No.; E~MAIL ADDRESS: thomasb@sdnlaw.com ATTORNEY FOR (Name): Defendant Los Gatos Union School District SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS:191 N First St. MAILING ADDRESS; CITY AND ZIP coDE:San Jose, 951 13 BRANCH NAMEzDowntown Superior Court PLAINTIFF/PETITIONERzJohn Doe DEFENDANT/RESPONDENTzLos Gatos Union School District CASE NUMBER:DECLARATION OF DEMURRING OR MOVING PARTY IN SUPPORT 0F AUTOMATIC EXTENSION 21CV388845 1. (Name ofparty): Los Gatos Union School District was served with E a complaint E an amended complaint E a cross-complaintE an answer E other (specify): in the above-titled action. 2. For a demurrer or motion to strike, a responsive pleading is due on (date): 12/6/2021 DECLARATION | intend to file a demurrer, motion to strike, or motion forjudgment on the pleadings in this action. Before I can do so, l am required to meet and confer with the party who filed the pleading that | am responding to at least five days before the date when the responsive pleading is due (if l am filing a demurrer or motion to strike) and at least five days before the last day a motion forjudgment on the pleadings may be filed (if I am filing a motion forjudgment on the pleadings). We have not been able to meet and confer. | have not previously requested an automatic extension of time. Therefore, on timely filing and serving a declaration that meets the requirements of Code of Civil Procedure sections 430.41, 435.5, or 439, | am entitled to an automatic 30-day extension oftime within which to file a responsive pleading or motion forjudgment on the pleadings. I made a good faith attempt to meet and confer with the party who filed the pleading at least five days before the date the responsive pleading was due (ifl am filing a demurrer or motion to strike) and at least five days before the last day a motion forjudgment on the pleadings may be filed (ifl am filing a motion forjudgment on the pleadings). l was unable to meet with that party because (the reasons why the parties could not meet and confer are stated):E below E on form MC-031, Attached Declaration Counsel for Defendant Los Gatos Union School District began the meet and confer process byway of written correspondence on November 18, 2021. Plaintiffs' Counsel responded byway of written correspondence on November 24, 2021. The parties have scheduled a teleconference in compliance with CCP section 430.41 on December 6, 2021. Therefore, counsel forthe District requests the Court accept its request for an automatic extension in order to allow the parties time to complete the meet and confer process before filing its Demurrer and Motion to Strike to the First Amended Complaint filed in this matter. I declare under penalty of perjury under the laws of the State of California that the information above is tru d correct. Date: 12/1/2021 . Thomas R. Boswell M , ‘ (NAME 0F PARTY 0R ATTORNEY FOR PARTY) (SIGfiATufiE'V/PAflRMNgY% ' R Y) Page 1 of 1 . V y . ‘Form Approved for Optional Use Code of CIVII Procedure, JudicialCouncil ofCalifomia DECLARATION OF DEMURRING OR MOVING PARTY §§ 430.41, 435.5, 439 CIV-141 [Rev.January1,2019] IN SUPPORT OF AUTOMATIC EXTENSION www.counscagov ¥U) um 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SPINELLI, DONALD Bt NOTI' PROOF OF SERVICE COURT: Superior Court 0f California, County 0f Santa Clara CASE NO.: CASE NAME: Doe v. Los Gatos Union School District I am a citizen of the United States, employed in the County of Sacramento, State 0f California. My business address is 601 University Avenue, Suite 225, Sacramento, CA 95825. I am over the age of 18 and not a party to the above-entitled action. I am readily familiar with Spinelli, Donald & Nott’s practice for collection and processing of correspondence for mailing with the United States Postal Service. Pursuant t0 said practice, each document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon and the sealed envelope is placed in the office mail receptacle. Each day’s mail is collected and deposited in a U.S. mailbox at 0r before the close 0f each day’s business. (Code Civ. Proc., § 1013a(3) or Fed.R.CiV.P.5(a) and 4.1.) On December 1, 2021, I caused the DECLARATION OF DEMURRING 0R MOVING PARTY IN SUPPORT 0F AUTOMATIC EXTENSION the original of which was produced on recycled paper, to be served Via: g BY ELECTRONIC SERVICE- I caused such document t0 be electronically served by filing said document electronically in accordance with rules of electronically filing documents. See Local Rule 5-135(a); Fed. R. Civ. P. 5(b)(2)(D). B. Robert Allard Mark J. Boskovich Corsiglia McMahon & Allard LLP 96 North Third Street, Suite 620 San Jose, CA 951 12 408/289-141 7 Attorneysfor Plaintiff 408/289-8127 (fax) rallardecmalaw. net mboskovichQDcmalawnet kim a cmalawnet I declare under penalty of perjury under the laws 0f the State of California that the foregoing is true and correct. Executed on December 1, 202 1, at Sacramento, California.