notice of objection to trial date and defendants objection to trial da

Cal. Super. - 1st Dist.April 26, 2021

1 2 3 4 5 6 7 8 9 10 Randolph S. Hicks, Esq. - SBN83627 Douglas E. Johns, Esq. - SBN 314798 CODDINGTON, HICKS & DANFORTH A Professional Corporation, Lawyers 555 Twin Dolphin Drive, Suite 300 Redwood City, CA 94065-2133 Tel.: 650.592.5400 Fax: 650.592.5027 ATTORNEYS FOR Defendants Tim John Schmolder and Timeline Investigative Services IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO JOSUA P. GUENTERT and LILLITH GUENTERT, Case No. CGC-20-583019 11 12 13 14 15 16 17 18 vs. Plaintiffs, NOTICE O.F OBJECTION TO TRIAL DATE AND DEFENDANTS' OBJECTION TO TRIAL DATE TIM JOHN SCHMOLDER and TIMELINE INVESTIGATIVE SERVICES and DOES 1-30, Defendants. Date: Time: Dept.: July 22, 2020 10:30 a.m. 610 Trial Date: February 1, 2021 19 TO THE COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD: 20 Defendants, Tim John Schmolder and Timeline Investigative Services, hereby 21 respectfully object to the trial date in this matter set for February 1, 2021. Defendants 22 respectfully request a trial date during July of 2021. Defendants are already set for trial near the 23 end of February of 2021. In addition, as of right now, defendants have already scheduled a 24 personal matter for the beginning of February of 2021. 25 / / / 26 / / / 27 / / / 28 / / / I Notice of Objection to Trial Date and Defendants' Objection to Trial Date Case No: CGC-20-583019 687607 ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 07/13/2020 Clerk of the Court BY: JOSE RIOS-MERIDA Deputy Clerk 1 Defendants will appear, by and through their counsel, on July 22, 2020 at 10:30 a.m. in 2 Department 610 of this Court, located at 400 McAllister Street, San Francisco, California, to 3 .object to this assigned trial date and to request a new and different date for the trial of this 4 matter. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: July 13, 2020 CODDINGTON, HICKS & DANFORTH By: ____________ _ Randolph S. Hicks Douglas E. Johns Attorneys for Defendants Tim John Schmolder and Timeline Investigative Services 2 Notice of Objection to Trial Date and Defendants' Objection to Trial Date Case No: CGC-20-583019 687607 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 PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5(b) I, the undersigned, declare that I am employed in the County of San Mateo, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My electronic mail address is Eva@chdlawyers.com. 1 am readily familiar with my employer's business practice for collection and processing of correspondence and documents for mailing with the United States Postal Service, mailing via overnight delivery, transmission by facsimile machine, and delivery by hand. OnJuly 13, 2020, I served a copy of each of the documents listed below by placing them for processing as indicated herein. :xx NOTICE OF OBJECTION TO TRIAL DATE AND DEFENDANTS' OBJECTION TO TRIAL DATE United States Mail: The correspondence or documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for collection and mailing at my place of business to be deposited with the U.S. Postal Service at Redwood City, California on this same date in the ordinary course of business. Overnight Delivery: The correspondence or documents were placed in sealed, labeled packaging for overnight delivery, with Federal Express, with all charges to be paid by my employer on the above date for collection at my place of business to be deposited in a facility regularly maintained by the overnight delivery carrier, or deliveted to a courier or driver authorized by the overnight delivery carrier to receive such packages, on this date in the ordinary course of business. Hand Delivery: The correspondence or documents were placed in sealed, labeled envelopes and served by personal delivery to the party or attorney indicated herein, or if upon attorney, by leaving the labeled envelopes with a receptionist or other person having charge of the attorney's office. Facsimile Transmission: The correspondence or documents were placed for transmission from (650) 592-5027 at Redwood City, California, and were transmitted to a facsimile machine maintained by the party or attorney to be served at the facsimile machine telephone number provided by said party or attorney, on this same date in the ordinary course of business. The transmission was reported as complete and without error, and a record of the transmission was properly issued by the transmitting facsimile machine. Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic address set forth below. 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 State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the court; and/ or the Court has mandated that the parties serve documents through its Court approved vendor. The printed form of this document bearing the original signature is on file and available for inspection at the request of the court or any party to the action or proceeding in which it is filed, in the manner provided in California Rule of Court Rufe 2.257 (a). Federal. The recipient of this electronic service has consented to this method of service in writing, a copy of which is on fue and available for inspection in my employer's office. I have received no indication the electronic transmission did not reach the recipient. PERSONS OR PARTIES SERVED: Attorneys for Plaintiffs Albert L. Thuesen, III, Esq. Coit Law Group 75 Broadway, Suite 202 San Francisco, CA 94111 Telephone: (415) 787-2648 Facsimile: (415) 329-2648 alt@coitlawgroup .com Attomeys for Plaintiffs Anthony C. Chiosso, Esq. Chiosso Law 201 Mission Street, Suite 1200 San Francisco, CA 94105 Telephone: (415) 964-1321 Facsimile: (415) 358-4315 tony@chiossolaw.com I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on July 13, 2020. Eva Oliveira Court: S upenor Court of California, San Francisco Counry Action No: CGC-20-583019 Case Name: Guentert v. Schmolder