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1 CHRISTOPHER D. SULLIVAN (148083)
csullivan@diamondmccarthy.com
2 DIAMOND MCCARTHY LLP ELECTRONICALLY
3 150 California Street, Suite 2200 F I L E D
Superior Court of California,
San Francisco, California 94111 County of San Francisco
4 Telephone: (415) 692-5200
02/14/2020
Facsimile: (415) 263-9200 Clerk of the Court
5 BY: SANDRA SCHIRO
Deputy Clerk
Attorneys for Plaintiff, LEGALIST, INC., a
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Delaware corporation
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SAN FRANCISCO
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LEGALIST, INC., a Delaware corporation, Case No. CGC-20-582932
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13 Plaintiff, Reservation No. 02140317-02
14 NOTICE OF MOTION AND MOTION OF
v. PLAINTIFF LEGALIST, INC. FOR A
15 STAY OF PROCEEDINGS PURSUANT
RUSSEL MYRICK, an individual; RDM TO CALIFORNIA CODE OF CIVIL
16 LEGAL GROUP, a California sole PROCEDURE SECTION 1281.S(d)
proprietorship,
17 Date: March 17, 2020
Defendants. Time: 9:30 a.m.
18 Dept.: 302
19 Judge: Hon. Ethan P. Schulman
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21 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
22 PLEASE TAKE NOTICE that, on Marchvl 7, 2020, at 9:30 a.m., or as soon thereafter as
23 this matter may be heard, in Department 302 of the Superior Court of the State of California,
County of San Francisco located at 400 McAllister Street, San Francisco, California 94102,
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PlaintiffLEGALIST, INC., a Delaware corporation ("Legalist") will and hereby does move for an
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order pursuant to California Code of Civil Procedure section 1281.8(d) staying all proceedings in
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this action under Legalist's February 12, 2020 Complaint other than Legalist's application for a
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right to attach order, a temporary protective order, and a writ of attachment pending arbitration
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NOTICE OF MOTION AND MOTION OF PLAINTIFF FOR A STAY OF PROCEEDINGS
PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1281.S(d)
1 ("Motion").
2 This Motion is made on the grounds that (a) Legalist and Defendants RUSSEL MYRICK,
3 an individual ("Myrick"), and RDM LEGAL GROUP, a California sole proprietorship ("RDM")
4 (together, "Defendants") are parties to a written agreement containing an arbitration provision, (b)
5 contemporaneously with the filing of this Motion, Legalist is filing an application for a right to
6 attach order, a temporary protective order, and a writ of attachment against Myrick ("Attachment
7 Application"), and (c) pursuant to California Code of Civil Procedure section 1281.8(d), the
8 Attachment Application shall not operate to waive any arbitration right that Legalist may have if, at
9 the same time as Legalist makes the Attachment Application, Legalist also makes this Motion to
1o stay all proceedings under its Complaint against Defendants other than the Attachment Application
11 pending arbitration.
12 This Motion is based upon this Notice of Motion and Motion; the concurrently filed
13 Declaration of Curtis Smolar and Memorandum of Points and Authorities; the pleadings and papers
on file in this action; and such other and further arguments and matters as may be offered in
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connection with the briefing on this Motion or at the hearing on this Motion.
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17 Dated: February 12, 2020
DIAMOND /~?:YLLP 'A
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By:_ _ 4-t- -, ,: .44
- """-"'- -=-~-----
Chf1stopher D. Sullivan
20 Attorneys for PlaintiffLEGALIST, INC ., a
21 Delaware corporation
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NOTICE OF MOTION AND MOTION OF PLAINTIFF FOR A STAY OF PROCEEDINGS
PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1281.8(d)
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1 CHRISTOPHER D. SULLIVAN (148083) csullivan@diamondmccarthy.com 2 DIAMOND MCCARTHY LLP ELECTRONICALLY 3 150 California Street, Suite 2200 F I L E D Superior Court of California, San Francisco, California 94111 County of San Francisco 4 Telephone: (415) 692-5200 02/14/2020 Facsimile: (415) 263-9200 Clerk of the Court 5 BY: SANDRA SCHIRO Deputy Clerk Attorneys for Plaintiff, LEGALIST, INC., a 6 Delaware corporation 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 11 LEGALIST, INC., a Delaware corporation, Case No. CGC-20-582932 12 13 Plaintiff, Reservation No. 02140317-02 14 NOTICE OF MOTION AND MOTION OF v. PLAINTIFF LEGALIST, INC. FOR A 15 STAY OF PROCEEDINGS PURSUANT RUSSEL MYRICK, an individual; RDM TO CALIFORNIA CODE OF CIVIL 16 LEGAL GROUP, a California sole PROCEDURE SECTION 1281.S(d) proprietorship, 17 Date: March 17, 2020 Defendants. Time: 9:30 a.m. 18 Dept.: 302 19 Judge: Hon. Ethan P. Schulman 20 21 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: 22 PLEASE TAKE NOTICE that, on Marchvl 7, 2020, at 9:30 a.m., or as soon thereafter as 23 this matter may be heard, in Department 302 of the Superior Court of the State of California, County of San Francisco located at 400 McAllister Street, San Francisco, California 94102, 24 PlaintiffLEGALIST, INC., a Delaware corporation ("Legalist") will and hereby does move for an 25 order pursuant to California Code of Civil Procedure section 1281.8(d) staying all proceedings in 26 this action under Legalist's February 12, 2020 Complaint other than Legalist's application for a 27 right to attach order, a temporary protective order, and a writ of attachment pending arbitration 28 -1- NOTICE OF MOTION AND MOTION OF PLAINTIFF FOR A STAY OF PROCEEDINGS PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1281.S(d) 1 ("Motion"). 2 This Motion is made on the grounds that (a) Legalist and Defendants RUSSEL MYRICK, 3 an individual ("Myrick"), and RDM LEGAL GROUP, a California sole proprietorship ("RDM") 4 (together, "Defendants") are parties to a written agreement containing an arbitration provision, (b) 5 contemporaneously with the filing of this Motion, Legalist is filing an application for a right to 6 attach order, a temporary protective order, and a writ of attachment against Myrick ("Attachment 7 Application"), and (c) pursuant to California Code of Civil Procedure section 1281.8(d), the 8 Attachment Application shall not operate to waive any arbitration right that Legalist may have if, at 9 the same time as Legalist makes the Attachment Application, Legalist also makes this Motion to 1o stay all proceedings under its Complaint against Defendants other than the Attachment Application 11 pending arbitration. 12 This Motion is based upon this Notice of Motion and Motion; the concurrently filed 13 Declaration of Curtis Smolar and Memorandum of Points and Authorities; the pleadings and papers on file in this action; and such other and further arguments and matters as may be offered in 14 connection with the briefing on this Motion or at the hearing on this Motion. 15 16 17 Dated: February 12, 2020 DIAMOND /~?:YLLP 'A 18 19 By:_ _ 4-t- -, ,: .44 - """-"'- -=-~----- Chf1stopher D. Sullivan 20 Attorneys for PlaintiffLEGALIST, INC ., a 21 Delaware corporation 22 23 24 25 26 27 28 -2- NOTICE OF MOTION AND MOTION OF PLAINTIFF FOR A STAY OF PROCEEDINGS PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1281.8(d)