Motion,Ex Parte: The People of the State of California, acting by and through the Department of Transportation vs Cherrywood Investments, LLC, a Nevada Limited Liability Company et al.

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                                CM-020

ATTORNEY OR PARTY WITHOUT ATTORNEY (Wame, Stata Bar number, and addross): |
DAVID M. TRENT, State Bar No. 238856 KF

P.O. Box 1438, Sacramento, CA 95812-1438 Q
8
ATTORNEY FOR (Nemo): Plaintiff eS

FOR COURT USE ONLY RECEIVE
2021-08-25 12:18;

2APH GS 7

F. RSeY CLERK
“4 i ye

[— California Department of Transportation - Legal Division
1120 N Street (MS $7), Sacramento, CA 95814 | SEPI
4
TetepHoneno: (916) 654-2630 FAxWo. (ontonay: (916) 654-6128 A
E-MAIL ADDRESS (Cptional}: A ie
‘
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN BY.

streeraporess: 180 E. Weber Avenue
uauncavoress: 180 E, Weber Avenue
crmyannzecooe: Stockton 95202
orancunawe: Stockton Courthouse

fn
FRITY

PLAINTIFFIPETITIONER: State of California, Dept. of Transportation
DEFENDANT/RESPONDENT: Cherrywood Investments, LLC, et al.

EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE
PLEADING AND L7] ORDER EXTENDING TIME TO SERVE AND
[J ORDER CONTINUING CASE MANAGEMENT CONFERENCE

CASE NUMBER:

STK-CV-UED-2021-5985

Note: This ex parte application will be considered without a personal appearance.
(See Cal, Rules of Court, rule 3.1207(2).)

HEARING DATE:

DEPT.: TIME:

. Applicant (name): People of the State of CA, b/a/t Dept. of Transportation
is

plaintiff

b.[_] cross-complainant
ef] petitioner
a defendant
e.[[_] cross-defendant
f oo respondent
g.LJ other (describe):

2. The complaint or other initial pleading in this action was filed on (date): July 1, 2021

3. Applicant requests that the court grant an order extending time for service of the following pleading:

a.[2] Complaint
b.[_] Gross-complaint

c. [_] Petition

a. J Answer or other responsive pleading
{71 other (describe):

Summons, Civil Case Cover Sheet, Notice of Case Assignment and Notice of Hearing, Notice of

Pendency of Action, Notice of Deposit and Summary of the Basis
4. Service and filing of the pleading listed in item 3 is presently required to be completed by

for the Appraisal
(date): August 30, 2021

5, Previous applications, orders, or stipulations for an extension of time to serve and file in this action are:

a. [2] None
bp. The following (describe all, including the length of any previous extensions):

6. Applicant requests an extension of time to serve and file the pleading listed in item 3 on the following parties (name each):
PESCADERO RECLAMATION DISTRICT NO. 2058; SOUTH DELTA WATER AGENCY/SOUTH

DELTA IRRIGATION DISTRICT; [Parties continued on Attachment 6]

Page 4 of 2.
Fem Aperoved fr Opional Use EX PARTE APPLICATION FOR EXTENSION OF TIME rae 9 Ries ofS.
chueoao Rew danny 4, 2000] TO SERVE PLEADING AND ORDERS www cournfo cagou

CM-020
CASE NAME: CASE NUMBER:

STK-CV-UED-2021-5985

State of California, Dept. of Transportation v, Cherrywood, et al.

7. The pleading has not yet been filed and served on the parties listed in item 6 for the following reasons (describe the efforts that have
been made to serve the pleading and why service has not been completed):

Several individuals and trust defendants reside outside of California, service on them has been attempted but
retention of out-of-state process servers is required.

{J Continued on Attachment 7.

8. An extension of time to serve and file the pleading should be granted for the following reasons;
Extra time is needed to perfect service on the, out-of-state Defendants,

[1 Continued on Attachment 8,

|. [fan extension of time is granted, filing and service on the parties listed in item 6 will be completed by (date):
October 14, 2021

10. Notice of this application under rules 3,1200-3.1207 CX has been provided as required (describe ail parties or counsel to whom

notice was given; the date, time, and manner of giving notice; what the parties or counsel were told and their responses; and
whether opposition is expected) or [__] is not required (state reasons):

See attached Proof of Service

[1 Continued on Attachment 10,
44. Number of pages attached: __1

I dectare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: |August 25, 2021

DAVID M. TRENT. > :

(TYPE OR PRINT NAME OF APPLICANT OR ATTORNEY FOR APPLICANT)

{SIGNATURE OF APPLICANT OR ATTORNEY FOR APPLICANT)
Order on Application is [-_] below [_] ona separate document.

ORDER
1. The-application for an order extending time to serve and file the pleading is granted 5) denied.

2. The pleading must be served and filed no later than (date): OCtOlger 14.202]
3. A The case management confererice is rescheduled to:

rem Renna ah Getter (pomaary BMP

¢, Place:

4, Other orders: Or Uf Cain hn Bel . (oA

‘BA capy of this application and order must be served on-all parties or their counsel that have appeared in the case.
poe: 1 (D-4[D4 LES EY

TUDIGALOFRcER CE ORGEDABBALLAH, JR.

CM-620 [Rev. January 1, 2068]

EX PARTE APPLICATION FOR EXTENSION OF TIME

Page2or2
TO SERVE PLEADING AND ORDERS“

SHORT TITLE: State of California, Dept. of Transportation v. Cherrywood CASE NUMBER:

| Investments, LLC, et al. , STK-CV-UED-2021-5985
1 [Attachment 6
2

a

a

a

26

27

COUNTY OF SAN JOAQUIN FOR SUPPORT JUDGMENT AGAINST ERNEST JOSEPH POMBO, Debtor, recorded

October 26, 1995, as (instrument) 95099226, Official Records;

OLD REPUBLIC TITLE COMPANY, a California Corporation;

ERNEST J. POMBO, JR. Individually and as Co-Trustee of the Ella Antoinette Pombo Revocable Trust dated October 2, 2012,
Amended;

IDEBORA POMBO CATANIO;

ELLA ANTOINETTE POMBO, Co-Trustee of the Ella Antoinette Pombo Revocable Trust dated October 2, 2012, as Amended;

MARY JEAN POMBO ENDERIE;

JEANETTE POMBO;

JAMES G, SANGUINETTI, Trustee of the James and Carol Pombo Sanguinetti Family Trust dated March 2, 1999;

CAROL POMBO SANGUINETTI, Trustee of the James and Carol Pombo Sanguinetti Family Trust dated March 2, 1999;

\CHERYL M. POMBO-SODA, Trustee of the Cheryl M. Pombo-Soda Trust dated May 7, 2003;

{Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line
numbers):

This page may be used with any Judicial Council form or any other paper filed with the court. Page 4

Form Approved by the ADDITIONAL PAGE ‘Westhrw Doc 8 Femn Butier
gudtlal Counci of Galomia Attach to Judicial Counct! Form or Other Court Paper CRG 201, Sot

MG-€20 [New January 1, 1987]Aw N

| Sacramento, California. My electronic service address is brandon.ball@dot.ca.gov. On the date of

The People of the State of California v. Cherrywood Investments, et al.
San Joaquin County Superior Court Case #STK-CV-UED-2021-5985

PROOF OF SERVICE

I, the undersigned, declare that I am over 18 years of age and not a party to this action. I am
employed in the county of Sacramento, California, and my business address is 1120 N Street,
signature below, I served the following documents:

EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE PLEADING AND
ORDER EXTENDING TIME TO SERVE

on the person or persons below, at the address provided, and served as indicated:

Kristen Renfro, Esq. Attorneys for Defendant,

Kimberly Stokes (Asst.) CHERRYWOOD INVESTMENTS,
DESMOND NOLAN LIVAICH & LLC, a Nevada Limited Liability
CUNNINGHAM Company

1830 15" Street

Sacramento, CA 95811

Telephone: (916) 443-2051

Facsimile: (916) 443-2651

E-mail: krenfro@dnlc.net
kstokes@dnle.net

Oo By United States Mail: | enclosed the documents in a sealed envelope or package addresses
to the persons at the addresses listed and placed the envelope for collection and mailing,
following our ordinary business practices, I am readily familiar with the California
Department of Transportation Legal Division’s practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection
and mailing, it is deposited in the ordinary course of business with the United States Postal
Service, in a sealed envelope with postage fully prepaid.

ob By Overnight Delivery: I enclosed the documents in an envelope or package provided by
an overnight delivery carrier and addressed to the persons at the addresses listed. I placed thel
envelope or package for collection and overnight delivery at an office or a regularly utilized
drop box of the overnight delivery carrier.

i By Electronic Service: Pursuant to Code of Civil Procedure section 1010.6, I caused the
said documents to be sent.to the persons at the electronic service address(es) listed directly

below their names. 1

I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.

Executed at Sacramento, California, on August 25, 2021.

Brandon Ball

1
PROOF OF SERVICE