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1 [Our File No. 00496]
ANNA DiBENEDETTO (SBN 220833)
2 WILLIAM A. LAPCEVIC (SBN 238893)
JUSTIN S. DRAA (SBN 253688)
3 DIBENEDETTO LAPCEVIC & DRAA, LLP
4 1101 Pacific Avenue, Suite 320
Santa Cruz, California 95060
5 Tel.: (831) 325-2674
Fax: (831) 477-7617
6 Email: anna@dld-law.com
7 Email: wal@dld-law.com
Email: jdraa@dld-law.com
8
Attorneys for Defendant MARY LOEB
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SANTA CRUZ
12
13 RON MUNGER, JULIE MOTT, Case No. 22CV00157
14 Plaintiffs, DEFENDANT MARY LOEB'S NOTICE
15 OF NON-RECEIPT OF OPPOSITION TO
vs. APPLICATION FOR PRO HAC VICE
16 ADMISSION OF ATTORNEY
MARY LOEB, and DOES 1-10, MATTHEW P. CAVITCH
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Defendants.
Date: May 5, 2022
18
Time: 8:30 a.m.
19 Dept.: 5
20 Action filed: January 20, 2022
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22 TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
23 PLEASE TAKE NOTICE that Defendant MARY LOEB has not received timely any
24 opposition to her Application for Pro Hae Vice Admission of Attorney Matthew P. Cavitch.
25 Per Code of Civil Procedure § 1005(b) "All papers opposing a motion so noticed shall be
26 filed with the court and a copy served on each party at least nine court days ... before the
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CASE NO. 22CV00157
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DEFENDANT MARY LOEB'S NOTICE OF NON-RECEIPT OF OPPOSITION TO APPLICATION FOR PRO
HAC VICE ADMISSION OF ATTORNEY MATTHEW P. CAVITCH
Page 1 of2
1 hearing." (Emphasis added). Further, Code of Civil Procedure§ 1005(c) states, in pertinent part,
2 that "all papers opposing a motion and all reply papers shall be served by personal delivery,
3 facsimile transmission, express mail, or other means constant with §§ 1010, 1011, 1012, and
4 1013, and reasonably calculated to ensure delivery to the other party and parties not later than the
5 close of the next business day after time the opposing papers, as applicable, are filed."
6 Defendant MARY LOEB's Application for Pro Hae Vice Admission of Attorney
7 Matthew P. Cavitch is set to be heard on May 5, 2022. Therefore, Plaintiffs' opposition was due
8 to be filed and served no later than Friday, April 22, which is nine (9) court days prior to the
9 scheduled hearing. At the time of filing this Notice, no opposition appears to have been filed
10 with this court, and even if it were submitted, it should be deemed untimely because they were
11 never served on Defendant's counsel.
12 Since Plaintiffs have failed to serve any opposition within the time required by
13 C.C.P. § 1005(b), Defendant respectfully requests that the Court refuse to hear any opposition
14 submitted by Plaintiffs' counsel after the filing of this Notice of Non-Receipt of Opposition, or
15 presented at the hearing on the motion, as Plaintiffs' failure to comply with the above-referenced
16 statute will prejudice Defendant's ability to prepare and timely file a proper reply.
17 Finally, since Defendant MARY LOEB's Application for Pro Hae Vice Admission of
18 Attorney Matthew P. Cavitch is well founded,' it is respectfully requested that this Court grant the
19 application in its entirety.
20
21 Dated: April 28, 2022 TO LAPCEVIC & DRAA, LLP
22
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24
Attorneys or Defendant MARY LOEB
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CASE NO. 22CV00157
28
DEFENDANT MARY LOEB'S NOTICE OF NON-RECEIPT OF OPPOSITION TO APPLICATION FOR PRO
HAC VICE ADMISSION OF ATTORNEY MATTHEW P. CAVITCH
Page 2 of2
1 Case Name: Ron Munger, et al v. Mary Loeb, et al
2 Case No.: 22CV00157
File No.: 00496
3 PROOF OF SERVICE - CCP §1013a, 2015.5
4 I certify and declare as follows:
5
I am over the age of 18 years, and not a party to this action. My business address is
6 1101 Pacific Avenue, Suite 320, Santa Cruz, California 95060, and my email address is
rspencer@dld-law.com.
7
On the date set forth below, I served a copy of the within document:
8
DEFENDANT MARY LOEB'S NOTICE OF NON-RECEIPT OF OPPOSITION
9
TO APPLICATION FOR PRO HAC VICE ADMISSION
10 OF ATTORNEY MATTHEW P. CAVITCH
11 on the parties in this action, by the following means:
12 X (BY MAIL) My business address is 1101 Pacific Avenue, Suite 320, Santa Cruz,
California 95060, which is located in the County where the mailing described took place.
13
I am readily familiar with the business practice at my place of business for collection and
14 processing of correspondence for mailing with the United States Postal Service.
Correspondence so collected and processed is deposited with the United States Postal
15 Service that same day in the ordinary course of business.
16
X (BY E-MAIL) My email address is rspencer@dld-law.com. I caused each such document
listed above to be delivered by electronic mail to the addressee(s) noted below.
17
I declare under penalty of perjury under the laws of the State of California that the
l8 foregoing is true and correct, and that this declaration was executed on April 28, 2_022, at Santa
19 Cruz, California.
20
RACHAEL SPENCER, Legal Secretary
21
22 PLEASE SEE ATTACHED LIST FOR NAMES AND ADDRESSES OR FAX NUMBERS OF
EACH PARTY SERVED:
23
David R. Beck, Esq.
24 BECK&MATHIESEN,APC
25 700 Frederick Street, Suite 306
Santa Cruz, CA 95062
26 Tel. (831)429-0181
Fax (831)429-5617
27 dave@beckmathiesen.com
Attorney for Plaintiffs RON MUNGER and JULIE MOTT
28
CASE NO. 22CV00157
PROOF OF SERVICE
Page 1 of2
1 Matthew P. Cavitch
THE CAVITCH LAW FIRM
2 11150 Glen Birnham Road
3 Eads, TN,38028
Telephone: (901 )850-9780
4 Email: mcavitch@bellsouth.net
Co-Counsel for Defendant MANDY LOEB
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CASE NO. 22CV00157
PROOF OF SERVICE
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Preview
1 [Our File No. 00496] ANNA DiBENEDETTO (SBN 220833) 2 WILLIAM A. LAPCEVIC (SBN 238893) JUSTIN S. DRAA (SBN 253688) 3 DIBENEDETTO LAPCEVIC & DRAA, LLP 4 1101 Pacific Avenue, Suite 320 Santa Cruz, California 95060 5 Tel.: (831) 325-2674 Fax: (831) 477-7617 6 Email: anna@dld-law.com 7 Email: wal@dld-law.com Email: jdraa@dld-law.com 8 Attorneys for Defendant MARY LOEB 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SANTA CRUZ 12 13 RON MUNGER, JULIE MOTT, Case No. 22CV00157 14 Plaintiffs, DEFENDANT MARY LOEB'S NOTICE 15 OF NON-RECEIPT OF OPPOSITION TO vs. APPLICATION FOR PRO HAC VICE 16 ADMISSION OF ATTORNEY MARY LOEB, and DOES 1-10, MATTHEW P. CAVITCH 17 Defendants. Date: May 5, 2022 18 Time: 8:30 a.m. 19 Dept.: 5 20 Action filed: January 20, 2022 21 22 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: 23 PLEASE TAKE NOTICE that Defendant MARY LOEB has not received timely any 24 opposition to her Application for Pro Hae Vice Admission of Attorney Matthew P. Cavitch. 25 Per Code of Civil Procedure § 1005(b) "All papers opposing a motion so noticed shall be 26 filed with the court and a copy served on each party at least nine court days ... before the 27 CASE NO. 22CV00157 28 DEFENDANT MARY LOEB'S NOTICE OF NON-RECEIPT OF OPPOSITION TO APPLICATION FOR PRO HAC VICE ADMISSION OF ATTORNEY MATTHEW P. CAVITCH Page 1 of2 1 hearing." (Emphasis added). Further, Code of Civil Procedure§ 1005(c) states, in pertinent part, 2 that "all papers opposing a motion and all reply papers shall be served by personal delivery, 3 facsimile transmission, express mail, or other means constant with §§ 1010, 1011, 1012, and 4 1013, and reasonably calculated to ensure delivery to the other party and parties not later than the 5 close of the next business day after time the opposing papers, as applicable, are filed." 6 Defendant MARY LOEB's Application for Pro Hae Vice Admission of Attorney 7 Matthew P. Cavitch is set to be heard on May 5, 2022. Therefore, Plaintiffs' opposition was due 8 to be filed and served no later than Friday, April 22, which is nine (9) court days prior to the 9 scheduled hearing. At the time of filing this Notice, no opposition appears to have been filed 10 with this court, and even if it were submitted, it should be deemed untimely because they were 11 never served on Defendant's counsel. 12 Since Plaintiffs have failed to serve any opposition within the time required by 13 C.C.P. § 1005(b), Defendant respectfully requests that the Court refuse to hear any opposition 14 submitted by Plaintiffs' counsel after the filing of this Notice of Non-Receipt of Opposition, or 15 presented at the hearing on the motion, as Plaintiffs' failure to comply with the above-referenced 16 statute will prejudice Defendant's ability to prepare and timely file a proper reply. 17 Finally, since Defendant MARY LOEB's Application for Pro Hae Vice Admission of 18 Attorney Matthew P. Cavitch is well founded,' it is respectfully requested that this Court grant the 19 application in its entirety. 20 21 Dated: April 28, 2022 TO LAPCEVIC & DRAA, LLP 22 23 24 Attorneys or Defendant MARY LOEB 25 26 27 CASE NO. 22CV00157 28 DEFENDANT MARY LOEB'S NOTICE OF NON-RECEIPT OF OPPOSITION TO APPLICATION FOR PRO HAC VICE ADMISSION OF ATTORNEY MATTHEW P. CAVITCH Page 2 of2 1 Case Name: Ron Munger, et al v. Mary Loeb, et al 2 Case No.: 22CV00157 File No.: 00496 3 PROOF OF SERVICE - CCP §1013a, 2015.5 4 I certify and declare as follows: 5 I am over the age of 18 years, and not a party to this action. My business address is 6 1101 Pacific Avenue, Suite 320, Santa Cruz, California 95060, and my email address is rspencer@dld-law.com. 7 On the date set forth below, I served a copy of the within document: 8 DEFENDANT MARY LOEB'S NOTICE OF NON-RECEIPT OF OPPOSITION 9 TO APPLICATION FOR PRO HAC VICE ADMISSION 10 OF ATTORNEY MATTHEW P. CAVITCH 11 on the parties in this action, by the following means: 12 X (BY MAIL) My business address is 1101 Pacific Avenue, Suite 320, Santa Cruz, California 95060, which is located in the County where the mailing described took place. 13 I am readily familiar with the business practice at my place of business for collection and 14 processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal 15 Service that same day in the ordinary course of business. 16 X (BY E-MAIL) My email address is rspencer@dld-law.com. I caused each such document listed above to be delivered by electronic mail to the addressee(s) noted below. 17 I declare under penalty of perjury under the laws of the State of California that the l8 foregoing is true and correct, and that this declaration was executed on April 28, 2_022, at Santa 19 Cruz, California. 20 RACHAEL SPENCER, Legal Secretary 21 22 PLEASE SEE ATTACHED LIST FOR NAMES AND ADDRESSES OR FAX NUMBERS OF EACH PARTY SERVED: 23 David R. Beck, Esq. 24 BECK&MATHIESEN,APC 25 700 Frederick Street, Suite 306 Santa Cruz, CA 95062 26 Tel. (831)429-0181 Fax (831)429-5617 27 dave@beckmathiesen.com Attorney for Plaintiffs RON MUNGER and JULIE MOTT 28 CASE NO. 22CV00157 PROOF OF SERVICE Page 1 of2 1 Matthew P. Cavitch THE CAVITCH LAW FIRM 2 11150 Glen Birnham Road 3 Eads, TN,38028 Telephone: (901 )850-9780 4 Email: mcavitch@bellsouth.net Co-Counsel for Defendant MANDY LOEB 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASE NO. 22CV00157 PROOF OF SERVICE Page 2 of2