declaration of demurring or moving party in support of automatic exten

Cal. Super. - 1st Dist.November 1, 2021

CIV-141 ATTORNEY OR PARTY WITHOUT ATTORNEY. ST ATE BAR NO: NAME: Nadim G. Hegazi, Esq. (State Bar No. 264841 ) FIRM xhvb Nadim G. Hegazi, Esq. (State Bar No. 264841 ) STREET ADDRESSI 1100 EI Centro Street CITY' South Pasadena STATE: CA ZIP CODEI gl 030 TELEPHONE NO.I (626) 243-1100 FAX NO.I (626) 243-1111 E-MAILADDRESS: nhegazi@ccmslaw.com A'nORNEYFOR(Name): DefendantS, GC CANNON and 1532 HARRISON OWNER LLC FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco STREETADDRESS: 400 McAllister Street MAILING ADDRESS: CITY AND ZIP CODE: San Francisco, CA 94102 BRANCH NAMEI Civic Center Courkhouse PL_AINTIFF/PETITIONER: RICHARD HOLTHOUSE DEFENDANT/RESPONDENT: CITY AND COUNTY OF SAN FRANCISCO, et al. DECLARATION OF DEMURRING OR MOVING PARTY IN SUPPORT OF AUTOMATIC EXTENSION CASE NUMBER: CGC20587970 '1, (Name ofparty): GC CANNON and 1532 HARRISON OWNER LLC [x a complaint [2 an amended complaint 0 an answer € other (specify): in the above-titled action. g a cross-complaint was served with 2. For a demurrer or motion to strike, a responsive pleading is due on (date): February 8, 2021 DECLARATION I intend to file a demurrer, motion to strike, or motion for judgment on the pleadings in this action. Before I can do so, I am required to meet and confer with the party who filed the pleading that I am responding to at least five days before the date when the responsive pleading is due (if I am fiting a demurrer or motion to strike) and at least five days before the last day a motion for judgment on the pleadings may be filed (if I am filing a motion for judgment on the pleadings). We have not been able to meet and confer. I 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, I am entitled to an automatic 30-day extension of time within which to file a responsive pleading or motion for judgment 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 (if I am fiting a demurrer or motion to strike) and at least five days before the last day a motion for judgment on the pleadings may be filed (if I am filing a motion for judgment on the pleadings). I was unable to meet with that party because (the reasons why the parties could not meet and confer are stated): [x below g on form MC-031, Attached Declaration My office was retained to defend JGC CANNON and 4 532 HARRISON OWNER LLC in this matter. On February 2, 202al, I emailed counsel for Plaintiff, Mr. Claude Wyle, to meet and confer regarding possible grounds for a Demurrer. I did not receive any indication that the e-mail address was incorrect or the e-mail was undeliverable. I followed up by email and phone on February 4, 2021. To date, my office has not received any response from Mr. Wyle to the meet and confer correspondence. Nadim G. Hegazi, Esq. (NAME OF PARTY OR ATTORNEY FOR PARTY) - ' -'-k Page 1 of 1 Form Approved for Opbonal Use Judicial Council of Califomia C1V'l41 [Rev. January i 20'l')) DECLARATION OF DEMURRING OR MOVING PARTY IN SUPPORT OF AUTOMATIC EXTENSION Code of Civil Procedure. §§ 430.41 , 435.5, 439 www courls.ca.gov ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 02/08/2021 Clerk of the Court BY: JUDITH NUNEZ Deputy Clerk PROOF OF SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) State of Califomia, ) ) ss. County of San Bemardino. ) IaniemployedintheCountyofSanBernardino. Iamovertlieageofl8andnotapartytothewithinaction;mybusiness address is 10681 Foothill Boulevard, Suite 260, Rancho Cucainonga, Califomia 91730. On this date, I served the foregoing document described as DECLARATION OF DEG OR MOVING PARTY IN SUPPORT OF A{JTOMATIC EXTENSION on the interested parties in this action by placing same in a sealed envelope, addressed as follows: Claude A. Wyle CHOULOS, CHOULOS & WYLE LLP 275 Battery St. Ste. 1300 San Francisco, CA 94111 Phone: 415-474-7800-Fax:415-474-0734 cwyle@,ccwlawyers.com ATTORNEYS FOR PLAINIIFF RICHARD HOLTHOUSE 0 (BY CERTIFIED MAIL) - I caused sucli envelope(s) with postage thereon fully prepaid via Certified Mail Retum Receipt Requested to be placed in the United States Mail in Rancho Cucamonga, Califomia. [gl (BY ELECTRONIC TRANSMISSION) - Only by emailing tlie document(s) listed above to the parties in this action using the email addresses identified on the attached Service List. During the period of Emergency Rule #12 declared pursuant to the COVID-19 Pandemic, as well as the Orders of the Governor of Califomia and Mayor of Los Angeles, this office is working reinotely, not readily able to send physical mail as usual, and is therefore using only electronic mail as the preferred method of communication. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission.: 0 (BY ELECTRONIC FILING AND/OR SERVICE) - I served a tnie copy, with all exhibits, electronically on designated recipients listed on the attached Service List on: (Date) at (Time) [J FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with delivery fees provided for. [J (BY FACSIMILE) - I caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimile number(s) indicated on the attached Service List and the activity report(s) generated by facsimile number (626) 243-1111 indicated all pages were transmitted. [J (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s). Executed on February 8, 2021 at Rancho Cucamonga, Califomia. (] - I declare under penalty of peijuiy under the laws of the State of Califomia that the above is true and conect. of the of this court at whose direction the service was made. ROLD