notice of defendants motion to continue trial pursuant to stipulation

Cal. Super. - 1st Dist.March 18, 2021

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4844-2528-6845.1 1 NOTICE OF DEFENDANTS’ MOTION TO CONTINUE TRIAL PURSUANT TO STIPULATION LEWIS BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW LEWIS BRISBOIS BISGAARD & SMITH LLP JOSEPH R. LORDAN, SB# 265610 Email: Joseph.Lordan@lewisbrisbois.com VINCENT R. FISHER, SB# 276334 Email: Vincent.Fisher@lewisbrisbois.com DANIEL XULI, SB# 316583 E-Mail: Daniel.XuLi@lewisbrisbois.com 333 Bush Street, Suite 1100 San Francisco, California 94104-2872 Telephone: 415.362.2580 Facsimile: 415.434.0882 Attorneys for FIRST, LAST & ALWAYS, INC. and DEVEN GADULA SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION JENNIFER SOMMER, an individual, Plaintiff, vs. FIRST, LAST & ALWAYS, INC., a California corporation; DEVEN GADULA, an individual; and DOES 1 through 50, inclusive, Defendants. CASE NO. CGC-18-572109 NOTICE OF DEFENDANTS’ MOTION TO CONTINUE TRIAL PURSUANT TO STIPULATION Date: May 29, 2020 Dept.: 206 Judge: Hon. Garrett L. Wong Action Filed: December 14, 2018 Trial Date: June 8, 2020 TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD: PLEASE TAKE NOTICE that on May 29, 2020, at 11:00 a.m., or as such time as this matter may be heard thereafter in Department 206 of the San Francisco County Superior Court, located at 400 McAllister Street, San Francisco, California, Defendants FIRST, LAST & ALWAYS, INC. and DEVEN GADULA (“Defendants”) on behalf of all parties jointly, will move the Court ex parte for an order for the following: 1. To continue the current trial date of June 8, 2020 to March 31, 2021; or other date thereafter at the convenience of the court; and 2. To continue all discovery deadlines and trial-related dates which shall be correspondingly continued based on the new trial date. ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 05/27/2020 Clerk of the Court BY: EDNALEEN ALEGRE Deputy Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4844-2528-6845.1 2 NOTICE OF DEFENDANTS’ MOTION TO CONTINUE TRIAL PURSUANT TO STIPULATION LEWIS BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW Defendants’ motion is made pursuant to Rule 375(a) of the California Rules of Court on the grounds that good cause exists for this request for a continuance. This Motion is based upon this Notice, the accompanying Memorandum of Points and Authorities, the Declaration of Daniel XuLi, the Stipulation to Continue Trial, all other pleadings, papers and records which are or may be on file with this Court and all other matters known or made available to this Court outside the pleadings. DATED: May 27, 2020 LEWIS BRISBOIS BISGAARD & SMITH LLP By: Joseph R. Lordan Daniel XuLi Attorneys for FIRST, LAST & ALWAYS, INC. and DEVEN GADULA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4844-2528-6845.1 3 NOTICE OF DEFENDANTS’ MOTION TO CONTINUE TRIAL PURSUANT TO STIPULATION LEWIS BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW CALIFORNIA STATE COURT PROOF OF SERVICE Jennifer Sommer v. First, Last & Always, Inc., et al. San Francisco Superior Court Case No.: CGC-18-572109 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO At the time of service, I was over 18 years of age and not a party to the action. My business address is 333 Bush Street, Suite 1100, San Francisco, CA 94104-2872. On May 27, 2020, I served the following document(s): NOTICE OF DEFENDANTS’ MOTION TO CONTINUE TRIAL PURSUANT TO STIPULATION I served the documents on the following persons at the following addresses (including fax numbers and e-mail addresses, if applicable): R. Michael Lieberman, Esq. LAW OFFICES OF R. MICHAEL LIEBERMAN 1398 Post Street San Francisco, CA 94109 Attorney for Plaintiff JENNIFER SOMMER Tel: 415.929.3197 Fax: (415) 929-3476 Email: michael@spark84.com The documents were served by the following means:  (BY ELECTRONIC TRANSMISSION ONLY) Only by e-mailing the document(s) to the persons at the e-mail address(es) listed above based on notice provided on March 16, 2020 that, during the Coronavirus (COVID-19) pandemic, this office will be working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 27, 2020, at San Francisco, California. Jennifer Marigmen