On August 24, 2021 a
Declaration - Decl of Good Faith Attempt Filed Automatic 30-day extension
was filed
involving a dispute between
Hernandez, Janet,
Rodriguez, Enrique,
and
Asociados Navarro Inc.,
Navarro, Maria Teresa,
for 25 Unlimited - Professional Negligence
in the District Court of Fresno County.
Preview
CIV-141
ATTORNEY OR PARTY WITHOUT A'I'I'ORNEY.‘ STATE BAR NO: FOR COURT USE ONLY
NAME: Alaina N, Ybarra.SBN 269130
Law Office
FIRM NAME. of Alaina N‘Ybarra
STREET ADDRESS:4478 W. Spaatz Avenue
CITY:Fresno STATE;CA ZIPcone 93727 E-FILED
TELEPHONE NO' (559) 437—9200 FAX N0. (559) 437—3927 10/6/2021 3:42 PM
E-MAILADDRESS alaina@anybarralaw.com Superior Court of California
ATTORNEY FOR(Name).Defendants, Maria Teresa Navarro and Asociado Navarro |nc. County of Fresno
SUPERIOR COURT OF CALIFORNIA. COUNTY 0F FRESNO By: A. Ramos, Deputy
STREET ADDRESS: 1130 O Street
MAILING ADDRESS: 1130 O Street
cn‘v ANDzsP CODE: Fresno, 93724
BRANCH NAME: B.F. Sisk Courthouse - Unlimited Civil Division
PLAINTIFFIPETITIONER: Janet Hernandez and Enrique Rodriguez
DEFENDANT/RESPONDENT: Maria Teresa Navarro and Asociado Navarro,
Inc,
CASE NUMBER
DECLARATION 0F DEMURRING 0R MOVING PARTY 21CECG02514
IN SUPPORT 0F AUTOMATIC EXTENSION
1. (Name ofparty): Maria Teresa Navarro and Asociado Navarro, Inc. was served with
a complaint E an amended complaint D a cross-complaint
Din
an answer D
the above—titled action.
other (specify):
2. For a demurrer or motion to a responsive pleading
strike, isdue on (date):October 5, 2021
DECLARATION
l intend to file a demurrer, motion to strike, 0r motion forjudgment on the pleadings Before
in this action. Ican do so,| am required to
meet and confer with the party who filed the pleading that Iam responding to at least five days before the date when the responsive
pleading is due (ifIam filing a demurrer or motion to strike) and at least five days before the {ast day a motion forjudgment on the
pleadings may be filed (ifl am filing a motion for judgment on the pleadings). We have not been abIe to meet and confer. | have not
previously requested an automatic extension of time. Therefore, on timely filing and sewing a declaration that meets the requirements
of Code of Civil Procedure sections 430.41, 435.5. or 439. Iam entitled to an automatic 30-day extension oftime within which to file a
responsive pleading or motion forjudgment on the pleadings.
Imade 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! am filing a demurrer or motion to strike) and at least five days before the last day a motion forjudgment on the
pleadings may be filed (if Iam filing a motion forjudgment on the pleadings). Iwas unable to meet with that party because
(the reasons why the parties could not meet and confer are stated):
CE below E on form MC—O31, Attached Declaration
On October 5, 2021, Icontacted Plaintiffs attorney lo attempt t0 discuss an extension oftime to file responsive pleadings and to
hopefully meet and confer and resolve demurrer issues. As of today's date of October 6, 2021,
Ihave not received a response
back from Plaintiff‘s attorney.
Defendants are requesting an automatic extension to meet and confer and/or file a demurrer in this
matter‘ Plaintiff's counsel filed a Request for Default on date the responsive pleading was due at approximately 9:24 a.m., which
is before the end of the business day the pleading was due‘ As such, Defendants were not given the complete 30 days that is
required by law and said request for default shouId be rejected.
Ideclare under penalty of perjury under the laws of the State of California that the information above
istrueand correct.
Date: 10/6/2021
ALAINA N. YBARRA > {£2
AfiORNEY FOR PARTY)
(NAME 0F PARTY 0R
£2 gt: %%
(SIGNATURE 0F PARTY 0R
Z
TTORNEY FOR PARW)
Page1 of 1
jgéglgvggmgrmmvse DECLARATION 0F DEMURRING 0R MOVING PARTY Cogggggmlfggégg
C|V-141 [Rev January www.courfs cagov
IN SUPPORT OF AUTOMATIC
2019]
1‘
EXTENSION
Document Filed Date
October 06, 2021
Case Filing Date
August 24, 2021
Category
25 Unlimited - Professional Negligence
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CIV-141 ATTORNEY OR PARTY WITHOUT A'I'I'ORNEY.‘ STATE BAR NO: FOR COURT USE ONLY NAME: Alaina N, Ybarra.SBN 269130 Law Office FIRM NAME. of Alaina N‘Ybarra STREET ADDRESS:4478 W. Spaatz Avenue CITY:Fresno STATE;CA ZIPcone 93727 E-FILED TELEPHONE NO' (559) 437—9200 FAX N0. (559) 437—3927 10/6/2021 3:42 PM E-MAILADDRESS alaina@anybarralaw.com Superior Court of California ATTORNEY FOR(Name).Defendants, Maria Teresa Navarro and Asociado Navarro |nc. County of Fresno SUPERIOR COURT OF CALIFORNIA. COUNTY 0F FRESNO By: A. Ramos, Deputy STREET ADDRESS: 1130 O Street MAILING ADDRESS: 1130 O Street cn‘v ANDzsP CODE: Fresno, 93724 BRANCH NAME: B.F. Sisk Courthouse - Unlimited Civil Division PLAINTIFFIPETITIONER: Janet Hernandez and Enrique Rodriguez DEFENDANT/RESPONDENT: Maria Teresa Navarro and Asociado Navarro, Inc, CASE NUMBER DECLARATION 0F DEMURRING 0R MOVING PARTY 21CECG02514 IN SUPPORT 0F AUTOMATIC EXTENSION 1. (Name ofparty): Maria Teresa Navarro and Asociado Navarro, Inc. was served with a complaint E an amended complaint D a cross-complaint Din an answer D the above—titled action. other (specify): 2. For a demurrer or motion to a responsive pleading strike, isdue on (date):October 5, 2021 DECLARATION l intend to file a demurrer, motion to strike, 0r motion forjudgment on the pleadings Before in this action. Ican do so,| am required to meet and confer with the party who filed the pleading that Iam responding to at least five days before the date when the responsive pleading is due (ifIam filing a demurrer or motion to strike) and at least five days before the {ast day a motion forjudgment on the pleadings may be filed (ifl am filing a motion for judgment on the pleadings). We have not been abIe to meet and confer. | have not previously requested an automatic extension of time. Therefore, on timely filing and sewing a declaration that meets the requirements of Code of Civil Procedure sections 430.41, 435.5. or 439. Iam entitled to an automatic 30-day extension oftime within which to file a responsive pleading or motion forjudgment on the pleadings. Imade 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! am filing a demurrer or motion to strike) and at least five days before the last day a motion forjudgment on the pleadings may be filed (if Iam filing a motion forjudgment on the pleadings). Iwas unable to meet with that party because (the reasons why the parties could not meet and confer are stated): CE below E on form MC—O31, Attached Declaration On October 5, 2021, Icontacted Plaintiffs attorney lo attempt t0 discuss an extension oftime to file responsive pleadings and to hopefully meet and confer and resolve demurrer issues. As of today's date of October 6, 2021, Ihave not received a response back from Plaintiff‘s attorney. Defendants are requesting an automatic extension to meet and confer and/or file a demurrer in this matter‘ Plaintiff's counsel filed a Request for Default on date the responsive pleading was due at approximately 9:24 a.m., which is before the end of the business day the pleading was due‘ As such, Defendants were not given the complete 30 days that is required by law and said request for default shouId be rejected. Ideclare under penalty of perjury under the laws of the State of California that the information above istrueand correct. Date: 10/6/2021 ALAINA N. YBARRA > {£2 AfiORNEY FOR PARTY) (NAME 0F PARTY 0R £2 gt: %% (SIGNATURE 0F PARTY 0R Z TTORNEY FOR PARW) Page1 of 1 jgéglgvggmgrmmvse DECLARATION 0F DEMURRING 0R MOVING PARTY Cogggggmlfggégg C|V-141 [Rev January www.courfs cagov IN SUPPORT OF AUTOMATIC 2019] 1‘ EXTENSION