Yen Hoang Do vs. Ace Dental office of Dr. Richard Hoang Dds, Inc

Reply Other

Cal. Super. - 4th Dist.December 22, 2017

H O O W N NN O N Dn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CARROLL, KELLY, TROTTER, FRANZEN, McBRIDE & PEABODY THOMAS M. PEABODY (SBN: 178237) ELECTRONICALLY F NATALIE J. BUCCINI (SBN: 259636) EE LT AILED 225 Broadway, Suite 1575 County of Orange San Diego, California 92101 . Telephone No. (619) 814-5900 / Facsimile No. (619) 814-5999 03/29/2018 at 03:45:00 Plu : Clerk of the Superior Court Attorneys for Defendant MYLOC NGUYEN, DDS By x Clerk. Deputy Eler SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE YEN HOANG DO, CASE NO: 30-2017-00963295-CU-MM-CJC Assigned to: Hon. David Chaffee Plaintiff, DEPT. C20 Vv. DEFENDANT, MYLOC NGUYEN, DDS’S NOTICE OF NON OPPOSITION TO ACE DENTAL OFFICE OF DR. RICHARD, DEMURRER HOANG DDS, INC. RICHARD HOANG DDS, and MYLOC NGUYEN, DDS. Complaint Filed: December 22,2017 Defendants. Trial Date: None Date: April 6,2016 Time: 9:30 a.m. Dept.: C20 Reservation Number: 72765907 TO THE COURT, TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN: PLEASE TAKE NOTICE that plaintiff, YEN HOANG DO (“plaintiff”) failed to serve or file any Opposition to Defendant, MYLOC NGUYEN, DDS’s, Demurrer to Plaintiff’s Complaint, therefore Defendant’s Demurrer to Plaintiff’s Complaint is unopposed and should be granted. By way of this pleading, Defendant respectfully requests that should Plaintiff submit an Opposition prior to the hearing of Defendant, MYLOC NGUYEN, DDS’s, Demurrer to Plaintiff’s Complaint, Plaintiff's Opposition should be stricken pursuant to California Code of Civil Procedure, Section 1005(b). 1 NEFENDANT MYT.OCNGITYEN DNS’S NOTICE OF NON OPPOSITION TO DNEMITRRER EN ~~ S Y W n 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to California Code of Civil Procedure, Section 1005(b), plaintiff’s Opposition, which was due on March 26, 2018, must be served personally, via facsimile, or by next day air to reasonably ensure delivery to the other party no later than the close of business on the next business day. To date, plaintiff has not filed or served her Opposition to Defendant, MYLOC NGUYEN, DDS’s Demurrer to Plaintiff's Complaint. As a result, any Opposition filed and/or served by plaintiff affect Defendant MYLOC NGUYEN, DDS’s ability to properly prepare a timely Reply to said Opposition. Therefore, MYLOC NGUYEN, DDS, respectfully requests that should plaintiff oppose Defendant, MYLOC NGUYEN, DDS’s Demurrer to Plaintiff's Complaint, said Opposition should be stricken as untimely, and Defendant, MYLOC NGUYEN, DDS’s Demurrer to Plaintiff’s Complaint should be granted. DATED: March 29, 2018 CARROLL, KELLY, TROTTER, FRANZEN, McBRIDE & PEAB By: THOMAS M. PEABODY NATALIE J. BUCCINI Attorneys for Defendant, MYLOC NGUYEN, DDS 2 NEFENDANT MYTLOC NGITYEN DNS’S NOTICE OF NON OPPOSITION TO DEMIIRRER A ~~ O N W n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO I am employed in the County of San Diego, State of California. I am over the age of 18 and not a party to the within action. My business address is 225 Broadway, Suite 1575, San Diego, CA 92101. On March 29, 2018, I served a true and correct copy of the following document DEFENDANT, MYLOC NGUYEN, DDS’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT [Filed Concurrently with Declaration of Natalie J. Buccini, Esq., in Support DEFENDANT, MYLOC NGUYEN, DDS’S NOTICE OF NON OPPOSITION TO DEMURRER] on the list of interested parties below: [ Yen Hoang Do MARK L. KIEFER, ESQ., SB# 116633 14592 Sheffield St GREGORY KIM, ESQ., SB#187007 Westminster, CA 92683 ERICKSEN ARBUTHNOT Plaintiff in Pro Per 835 Wilshire Blvd., Suite 500 Los Angeles, CA 90017-2603 (213) 489-4411; (213) 489-4332 Fax Defendants RICHARD A. HOANG, D.D.S. and RICHARD A. HOANG D.D.S., INC. dba ACE DENTAL OFFICE (erroneously sued and served as ACE DENTAL OFFICE OF DR. RICHARD HOANG DDS, INC) X By United States Mail (CCP §§1013a, et seq.): I enclosed said document(s) in a sealed envelope or package to each addressee. I placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with the firm’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, with postage fully prepaid. O By Overnight Delivery/Express Mail (CCP §§1013(c)(d), et seq.): I enclosed said document(s) in a sealed envelope or package provided by an overnight delivery carrier to cach addressee. I placed the envelope or package, delivery fees paid for, for collection and overnight delivery at an office or at a regularly utilized drop box maintained by the express service carrier at 111 West Ocean Boulevard, Long Beach, California. [| Electronic Mail. Via e-mail to the address shown above. I declare under the penalty of perjury under State of California and of the United States that the foregoing is true and corr Executed on March 29, 2018, at SayDiego, California. MARYA. FROST Ne _ 3 NEFENDANT MYT.OCNGITYEN NNS’S NOTICE OF NON OPPOSITION TO DEMITIRRER