Motion-Secondary: KIM KONAMI VS. ARYAN DAVANI ET AL

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                                Neal H. Konami, Esq. (SBN 111730)
Attorney at Law

1050 Hyde Street ELECTRONICAULY
San Francisco, CA 94109-4917 FILED
Telephone: (415) 274-0956 Superior Court of California,
Email: nhk111730@sbeglobal.net County of San Franci¢co
Attorney for Plaintiff, 09/12/201 1a
KIM KONAMI BY: VANESSA WU
Deputy|Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO,
UNLIMITED JURISDICTION
KIM KONAMI, Case Number: CGC-15-548211
Plaintiff, MEMORANDUM OF POINTS &
AUTHORITIES IN SUPPORT OF
vs. MOTION TO AMEND COMPLAINT TO
SUBSTITUTE TRUE NAME FOR
DOE 13 DEFENDANT
ARYAN DAVANI, GEORGE KONTRIDZE, [CCP Sections 474 & 473(a)(1)]

DANIEL C. METZ, TAMRA VAN WYK,
KEVIN F. DUNNELL, ANNIKA NILSEN,
& DOES 1 TO 25,

Hearing: October 12, 2017 @9:30am
Place: Department 501 [HOUSING]
400 McAllister Street,

Defendants. San Francisco, CA 94102-4512

SSS SS HS SS HS SY

STATEMENT OF FACTS

Plaintiff KIM KONAMI, and her attorney were ignorant of the roles, identities and true
names of all of the Defendants, as well as all of the relevant facts rendering each of them liable,
when the Verified Complaint was filed on September 30, 2015. The Complaint therefore
included fictitious names “Does | to 25.” Plaintiff only discovered this Defendant’s true name
and role in the litigation well after the Complaint was filed. To date, Plaintiffs counsel has been
able to identify ZELDA MANAGEMENT, INC., as both an “unincorporated association” and
“fictitious business name” for the collective individual owners’ or members’ active conduct of

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MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION TO AMEND VERIFIED COMPLAINT TO
SUBSTITUTE TRUE NAME FOR DOE 13 DEFENDANT (Case Number: CGC-15-548211)10

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real estate investment and management activities in San Francisco, and likely the greater Bay
Area. In particular, ZELDA MANAGEMENT, INC. manages the two rent-controlled single
family dwellings at the heart of the lawsuit; “1048 Hyde Street,” and “1050 Hyde Street,” San
Francisco, CA 94109.

LEGAL ARGUMENTS

Code of Civil Procedure Section 474 applies to the above case facts. By specifically
designating or naming the unknown names of defendants using fictitious names “Does 1 to 25”in
her Complaint, Plaintiff effectively enlarged her statute of limitations period as to unknown
defendants for the applicable 3-year period. Benson v. Browning-Ferris Industries, Inc. (1994) 7
Cal.4"" 926, 932. And Section 474 goes on to require the amending of the Complaint to
substitute the Defendants’ true names, and as specific prerequisite to the entry of default or
default judgment.

Regarding overall due process, and notice to adverse parties in particular, Plaintiff
complied with Code of Civil Procedure Section 473(a)(1) by serving all of the other named
defendants who have responded to the lawsuit to date.

CONCLUSION

For all of the reasons stated above, the Court should now grant Plaintiff's motion since
there are no material facts in dispute, notice has been provided, and Plaintiff is entitled to now
amend her Complaint as a matter of law. Plaintiff hereby respectfully requests a Court Order
allowing Plaintiff to substitute the true name of Defendant ZELDA MANAGEMENT, INC. for
fictitious name DOE 13, and wherever it appears in the Verified Complaint, and subsequent case

pleadings.

MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOT
SUBSTITUTE TRUE NAME FOR DOE 13 DEFENDANT (Case Number:

 

MEND VERIFIED COMPLAINT TO
8211)4

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Dated: September 12, 2017

MEMORANDUM OF POINTS & AU’

SUBSTITUTE TRUE NAME FOR DOE 13 DE!

/s/ Neal H. Konami, Esq.
Neal H. Konami, Esq. (SBN 111730)

HORITIES IN SUPPORT OF MOTION TO AMEND VERIF!
NDANT (Case Number: CGC-15-548211)

   

   

 

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